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HomeMy WebLinkAbout01 - MinutesNovember 28, 2023 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Meeting Minutes Study Session and Regular Meeting November 14, 2023 I. ROLL CALL - 4:00 p.m. Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Councilmember Brad Avery, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember Erik Weigand II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar — None SS2. Nighttime Closure of Public Restrooms Assistant City Manager Finnigan utilized a presentation to discuss the staff working group, City -owned public restrooms, a cost comparison between manually and autolocking the restrooms, and a phased approach. 44 Mayor Blom expressed gratitude for the effort put forward lonts matter. Julie LaFond noted problems in the Port Streets regarding the City -owned public restrooms, supported closing them at night, asked that the tw�Port Street restrooms be moved up in phasing, and expressed concern relative to ii used use of the restrooms after restroom closures elsewhere in the City. She referenced a letter from the community association board asking for the Port Street restrooms to be included in phase one or two and offered the assistance of its on -site security staff. r Ruth Kobayashi read an email she sent to Council asking that all City restrooms be closed immediately and at the same time as the corresponding City facilities close. Samantha Maya asked that the Irvine Terrace Park restroom be closed, and a nonresidential park restroom remain open. Steve McNichols reeyecrincidents involving homeless individuals using public restrooms at the Newport Pier and Marina Park. Eric Spitz noted homeless individuals in the residential area in and around the 19th Street restrooms, recommended opening a bathroom at the Marina Park site, and asked that the 19th Street restroom be removed. Jim Mosher expressed the opinion that autolocking is not the best solution, there is supposed to be 24-hour beach access, and stated concerns with Hepatitis A risks amongst the homeless population associated with the unavailability of public restrooms at night. Councilmember Kleiman noted the passing of a homeless individual in the Bonita Creek Park restroom, stated she does not support phasing unless it is done quickly, and proposed that staff return with vendor contracts to manually lock all restrooms from 10:00 p.m. to 6:00 a.m. until automatic locks can be phased -in over time. Councilmember Weigand supported Councilmember Kleiman's recommendation. In response to his questions, Public Works Director Webb reviewed procedures for locking restrooms, Assistant City Manager Finnigan relayed security and clearing approaches, and Recreation and Senior Volume 65 - Page 653 City of Newport Beach City Council Meeting November 14, 2023 Services Director Levin indicated that the Newport Beach Municipal Code (NBMC) provides for park operating hours from 6:00 a.m. to 11:00 p.m. Councilmember Weigand expressed concern for a 2:00 a.m. closing at the 19th Street and Balboa Island Fire Station restrooms and thought it should be changed. In response to his inquiries, Public Works Director Webb reported on the need for restrooms at night by boaters, the Marina Park restroom closes at 10:00 p.m., ferry closing hours, and usage of urban restrooms that support a 2:00 a.m. closing time. Councilmember Stapleton supported Councilmember Kleiman's recommendation, the need for immediate action regarding the nighttime closure of all public restrooms in the City, noted positive comments received after the 15th Street restrooms were locked, and stated that every restroom was locked during a Moonlight Monument Tour in Washington, D.C. Councilmember Grant supported providing clear direction for proper use of City property, proactive measures to bring back safety that may be missing in the community, deferred to staff to identify the best path and an interim method for clearing the restrooms. Mayor Blom appreciated the staff report, options, public input, and supported finding a solution. Councilmember Kleiman proposed that staff return with vendor contracts to manually lock all restrooms nightly from 10:00 p.m. to 6:00 a.m., so there is a clear message that all restrooms are closed nightly. 14 Mayor Blom restated the recommendation to Ja throoms from 10:00 p.m. to 6:00 a.m., directed staff to coordinate the nighttime closepare a Request for Proposal (RFP) for service. A straw vote in favor of moving forward with the recommendation was supported unanimously. SS3. Library Lecture Hall . Public Works Director Webb and Finn ce Director Al -Imam utilized a presentation to review the project location, approved concep, project background, current project status, the cost per square foot, total project cost summary, projected annual operational costs, the Newport Beach Public LibraV Foundation funding contributions, shortfall funding, and temporary gap funding. In response to Mayor Pro Tem O'Neill's question, Finance Director Al -Imam confirmed the shortfall funding calculation and approach. Public Works Director Webb utilized the presentation to review next steps. Newport Beach Public Library Foundation Chair Kevin Barlow utilized a presentation to review the Foundation's mission statement, public/nonprofit partnership, the Foundation's role with the Library Lecture Hall, agreed upon need, the Foundation's funding responsibility, donor expectations, full operational control and ownership by the City, the Foundation's request for approval, and an increased Foundation commitment to $5.2 million. Jill Johnson -Tucker, Beyond Books Capital Campaign Chair and Chair of the Library Lecture Hall Committee, provided a project history, utilized a presentation to review background, programming and attendance statistics, capacity, future program ideas, fees, next steps, and fundraising efforts. She asked that Council accept the low bid. Larry Tucker reviewed the fundraising efforts and pledges, cash flow, costs, asked whether a $23.5 million facility for half price is a worthy bargain and if the City can afford an $11.5 million expenditure for a community auditorium, noted the City's long-term fiscal forecast, debt service expense on the City Hall, the City's large surpluses even with budgeted expenses and liabilities, available funding and borrowing capabilities, interest rates, the want versus need approach, and affordability. He expressed hope that Council will focus on the long run. Volume 65 - Page 654 City of Newport Beach City Council Meeting November 14, 2023 Mayor Pro Tem O'Neill reviewed the project background, a $17 million commitment from the City equaling four times the amount at the project start, population percentage of use, project scale back possibilities, square footage costs, capital reserves, Facilities Financing Plan (FFP) projects, concern for the project's capital costs, use of surplus funds and Neighborhood Advancement Funding, the current Memorandum of Understanding (MOU), possibly applying a surcharge on ticket sales to offset facility costs, and concern for leveraging to recover the extra $5 million. He expressed appreciation for all the work done on this project and everyone involved but struggled to support it. Councilmember Stapleton recognized the importance of the project, appreciated the public/private partnership, thanked everyone involved, and expressed interest for moving the project forward. He suggested reimagining the original intent and use of the building, reviewed his tour of the Newport Theater Arts Center with Councilmember Avery and future $10 million remodel plan included in the FFP, stated it is not in the City's best interest to build two auditoriums within a certain period, suggested a combined project, and hoped for continued community support. Councilmember Avery stated being a fan of the project and aware of the runaway building costs, expressed concern for keeping the lecture hall,.,&lled to capacity at all times to make it cost-effective, questioned taking the financial risk, hesitated in giving his support, thought the project needs to match the extraordinary community, congratulated everyone involved in the fundraising efforts, and remained concerned about the buildings use and programming. Councilmember Kleiman appreciated the effort behind the project development and fundraising, supported an auditorium for various uses, expressed concern for high estimates and ongoing maintenance costs, the collection of pledges and possible shortfalls, and rising costs of Capital Improvement Projects (CIP) and support staff, and noted her opposition for using taxpayer dollars to fund the shortfall. Councilmember Grant expressed gratitucto the community, supported moving forward with the community auditorium, concurred with Councilmember Stapleton's suggestion to merge the Newport Theat-er Arts Center and Lifirary Lecture Hall, recognized creative and innovative ideas, supported expanding the library, and expressed the opinion that it all can be brought together in i the existing footprint, the City can afford the project and should make the investment, and Va costprohibitiveIn response to Cmber Weigand'squestion, Public Works Director Webb relayed that approximately $f American Rescue Plan Act (ARPA) money was swapped with FFP funds for the fuel system at the Corporate Yard. Councilmember Weigand wondered if the builder would find the current footprint sufficient to combine the project with the Newport Theater Arts Center, supported building the theater, and expressed concern for bid increases and project logistics and confidence in long-term programming and funding. In response to Mayor Blom's question, Public Works Director Webb stated that the current plans are complete and ready to move forward. Mayor Blom thought that a lot of work and a full plan redesign would be required to assess the project footprint. Councilmember Weigand expressed disinterest in taking actions that make the situation worse, supported the project and combining the two entities, and expressed concern if the lecture hall does not happen soon. Mayor Blom expressed support for improving infrastructure, recognized a long-term vision, supported moving forward with the project, understood the concerns, and thought it was good business to fully utilize the space. Kory Kramer, Eagle Four Partners, supported new investments and the Library Lecture Hall, and asked Council to green light the project. Nancy Gardner supported the Library Lecture Hall project. Volume 65 - Page 655 City of Newport Beach City Council Meeting November 14, 2023 Dennis Baker supported the Library Lecture Hall project. Jeff Cole supported the Library Lecture Hall project. Jim Mosher supported the Library Lecture Hall project and expressed concern for rising costs. Steve Rosansky, President of the Newport Beach Chamber of Commerce, suggested not letting the costs be a deterrent, suggested various uses for the venue, and thought the revenue potential could result in a net positive. Dorothy Larson supported the Library Lecture Hall project. Councilmember Stapleton recommended rejecting the current bid and immediately reforming the City Council Ad Hoc Library Lecture Hall Committee to create a cultural arts center in Newport Beach. Mayor Pro Tem O'Neill noted the risk of increased costs if another bid occurred, emphasized cost prudency, and supported the creative solutions by Councilmembers Avery and Stapleton. Councilmember Grant supported approving the project and noed the cost for a state-of-the-art facility, community commitment, credibility of the Newport Beach Public Library Foundation, the impact of delays, and a combined effort by all arts entities. Mayor Blom asked for a straw vote on Councilmember Stapelton's proposal to re-form the City Council Ad Hoc Library Lecture Hall Committee to create a cultural arts center. Mayor Pro Tem O'Neill and Councilmembers Kleiman and Stapleton voted in favor. In response to Councilmember Avery's question, Public Works Director Webb reviewed the timeline, project impact, and cost risks if the proposal is approved. Councilmember Grant suggested acccee ting the bids and moving forward to find a compromise within the community to incorporoae arts, business, and culture with a separate MOU agreement. City Manager Leung relayed that the current MOU with the Foundation needs to be amendedto match the dollar amount with the current bid. In response to Councilmember Weigand's question, Mayor Pro Tem O'Neill clarified that a discussion about t e amended MOU terms would be needed if the project is approved. Councilmember Avery expressed concern for higher bids and unknown expenses, and interest in providing for flexible uses. A straw vote in favor of moving forward with the project was supported by Mayor Blom and Councilmembers Grant, Avery, and Weigand. In response to City Manager Leung's request for guidance about revising the MOU, Mayor Pro Tem O'Neill reviewed the terms of the current MOU and questioned the dollar percentage the City will be providing and the City's annual financial responsibility for facility maintenance. Councilmember Avery supported having every group using the building to contribute to the maintenance costs. Larry Tucker reviewed the terms of the MOU, facility income opportunities, parking, questioned facility maintenance contributions from users that already paid $11 million, and supported getting the project done. City Manager Leung suggested bringing the item back at the January 9, 2024 City Council meeting and having the City Council subcommittee work with staff to revise the MOU. Volume 65 - Page 656 City of Newport Beach City Council Meeting November 14, 2023 IV. Mayor Pro Tem O'Neill suggested that three of the Councilmembers who voted in favor of the project be selected for the subcommittee. PUBLIC COMMENTS Regarding Item 24 (Amendments to the NBMC and City Council Policies), Laura Curran noted she submitted a letter, commented on amendments to the NBMC, and suggested abbreviations be written out and staff provide explanations for key provisions that are struck out. City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items listed on the Closed Session agenda and read the titles, and announced that City Clerk Brown will be recusing herself on Items IV.D and IV.E due to potential impacts to her finances. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: The American Legion Newport Harbor Post No. 291, located at 215 15th Street, Newport Beach, California, 92663. 1 City Negotiators: Seimone Jurjis, Real Property Administrator. Negotiating Parties: Robert Wine. Under Negotiation: Instruction to City N B. CONFERENCE WITH LEGAL COUNSELe EXISTING LITIGATION ,I (Government Code § 54956.9(d)(1):1mtter 1- City Ma ger, and Lauren Wooding Whitlinger, 4 ,ors regarding price and terms of payment. Randy Parker v. City of Newport Beach Workers' CompensatV§65706): s Board Case No. ADJ18422467 C. CONFERENCE WIR NEGOTIATORS (Government Code 1 matter Agency Designated Representatives: Grace Leung, City Manager and Barbara Salvini, Labor Negotiators. Employee Organizations: Newport Beach Firefighters Association (NBFA) D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 1 matter Title: Leilani Brown, City Clerk E. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Noah Blom, Mayor, and Will O'Neill, Mayor Pro Tem. Unrepresented Employee: Leilani Brown, City Clerk. V. RECESSED - 6:26 p.m. Volume 65 - Page 657 City of Newport Beach City Council Meeting November 14, 2023 VI. RECONVENED AT 6:58 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Councilmember Brad Avery, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember Erik Weigand VIII. CLOSED SESSION REPORT City Attorney Harp announced that no reportable actions were taken. IX. INVOCATION — Pastor David Manne, Calvary Chapel of Costa Mesa X. PLEDGE OF ALLEGIANCE — Mayor Blom XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Councilmember Stapleton: I ' 10 • Congratulated Ron Simon and the Simon Scholarship winners; the Newport Beach Chamber of Commerce's Citizen of the Year, Laird Hai d Businessperson of the Year, Robert Olson; Mark O'Ravitz for the Knights of Columbus' Annual Newport Beach Classic Car and Truck Festival; and Ron Salisbury for the 100th Anniversary of El Cholo Restaurant • Attended the Southern California Edison leadership roundtable at UCI • Announced the OASIS Thanksgiving luncheon • Displayed a photo of the 9th graduating class of the Distinguished Citizens Program Councilmember Grant: • • Recognized the Newport Beach Police Derrdrtment, the Newport Beach Fire Department, and the Orange County Fire Authority for their efforts in the Tustin North Hangar fire; and the American Legion, Balboa Island Improvement Association, and all organizations that observed Veterans Day Mayor Pro Tem O'Neill: • Attended the Harbor of Grand Opening, a Finance Committee Meeting, and the Newport Beach Chamber of Co e's Citizen and Businessperson of the Year event • Wished everyone a happy and safe Thanksgiving XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Consider formally opposing the language, contained in Governor Newsom's March 2024 general obligation bond measure to fund behavioral health facilities, that calls for a by -right approval process for adult substance uses disorder residential programs and recovery housing located in multi -family residential zones [Kleiman and Weigand] The City Council unanimously concurred to bring the matter back at a future meeting. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 1 (Minutes for the October 24, 2023 City Council Meeting), Councilmember Weigand clarified that his recusal was for Closed Session Item IV.A, not Closed Session Item IV.B. Hein Austin addressed Item 4 (Allowing Short -Term Mooring License Agreements and Establishing Fair Market Value License Fees for Offshore and Onshore Moorings), expressed concern about the rates per square foot suggested for Newport Harbor, and provided a handout. Volume 65 - Page 658 City of Newport Beach City Council Meeting November 14, 2023 KAiA Regarding Item 4, Wade Womack, on behalf of the Newport Mooring Association (NMA) Committee, urged the City to postpone action to allow time for the City -owned mooring rates to be studied by NMA, reviewed the pending appraisal for the permitted moorings, and provided a handout. Jim Mosher inquired about the City's contributions regarding Item 6 (Summary Vacation of Existing Public Water Easement at 4839 Cortland Drive); questioned what is being deleted in Item 10 (Amending City Council Policy F-7); pointed out two additional locations on University and Bison Avenues found on the vicinity map for Item 12 (Street Pavement Repair Program); noted the contract includes a former finance director in Item 16 (Evaluation of Potential Options for Exiting the Laborer's International Union of North America Supplemental Retirement Plan); and asked to be added to the Board of Library Trustees nomination list in Item 20 (Nominations to Fill the Unscheduled Vacancy on the Board of Library Trustees). Regarding Item 4, Chris Benzen thought the matter does not need to be decided on, suggested auctioning the mooring anytime the City consumes a mooring, and advocated for better communication to renters related to harbor changes. 14 Chris Webb commented on Item 9 (Declaring a Portion of City -Owned Property at the Balboa Yacht Basin as Surplus Land) discussed the impacts on the gara es if development occurred and took issue with the lack of notification with stakeholders or tenant CONSENT CALENDAR A READING OF MINUTES AND ORDINANCES 1. Minutes for the October 24, 2023 City Council Meeting Waive reading of subject minutes, approve as amended, and order filed. 2. Reading of Ordinances sk Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only. ORDINANCE FOR INTRODUCTION 3. Ordinance No. 2023-16: Amending Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the Newport Beach Municipal Code and Repealing City Council Policy H-1 Remove from the agenda. 4. Ordinance No. 2023-1Tand Resolution No. 2023-62: Allowing Short -Term Mooring License Agreements and Establishing Fair Market Value License Fees for Offshore and Onshore Moorings a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-17, An Ordinance of the City Council of the City of Newport Beach, California, Adding Section 17.60.045 (Short -Term Mooring Licenses) to Chapter 17.60 (Harbor Permits and Leases) of the Newport Beach Municipal Code Regarding Short -Term Mooring Licenses, and pass to second reading on November 28, 2023; c) Adopt Resolution No. 2023-62, A Resolution of the City Council of the City of Newport Beach, California, Setting the Fair Market Value License Fee for Short -Term Moorings Located Upon Tidelands in Newport Harbor•, and d) Approve Budget Amendment No. 24-032 anticipating $22,306 in revenue from the licensing of City moorings in the current fiscal year (10045451-551034). RESOLUTIONS FOR ADOPTION Volume 65 - Page 659 City of Newport Beach City Council Meeting November 14, 2023 5. Resolution No. 2023-63: Certifying Funding Listed in the Federal Transportation Improvement Program (FTIP) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2023-63, A Resolution of the City Council of the City of Newport Beach, California, Certifying that the City of Newport Beach has the Resources to Fund the Projects in the Federal Transportation Improvement Program for Federal Fiscal Years 202425 to 2029130 and Affirming its Commitment to Implement All City Projects in the Program. 6. Resolution No. 2023-64: Summary Vacation of Existing Public Water Easement at 4839 Cortland Drive a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because this project will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-64, A Resolution of the City Council of the City of Newport Beach, California, Summarily Vacating a Public Water Easement at 4839 Cortland Drive (Portion of Lot 13 of Tract 3519) and Directing the City Clerk to Record Same with the County Recorder's Office; L c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. Council Member Kleiman recused herself due to property interest conflicts. 7. Resolution No. 2023-65: Emergency Management Performance Grant Authorization a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2023-65, A Resolution of the City Council of the City of Newport Beach, California, Providing Written Authorization to the State of California Governors Office of Emergency Services of the Standard -Assurances Required to Apply for Grants from the Federal Department of Homeland Security, Federal Emergency Management Agency. 8. Resolution No! 2023-66: Medi-Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program for Cost Recovery of Emergency Medical Services for Calendar Year 2022 (C-8085-2F & C-808513G) a) Determine this acAon is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-66, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Mayor and City Manager, or Designees, to Execute Agreements and Amendments with the Department of Health Care Services (DHCS) and CalOptima to Participate in the Rating Period of January 1, 2022 Through December 31, 2022 Medi-Cal Rate Range Intergovernmental Transfer (IGT) Program; c) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement Regarding Transfer of Public Funds with the California Department of Health Care Services; d) Authorize the Mayor and City Clerk to execute the Health Plan -Provider Agreement Intergovernmental Transfer Rate Range Program Agreement with CalOptima; and e) Approve Budget Amendment No. 24-033 appropriating $419,272 in increased expenditures in Account No. 01040404-821008 (IGT) from the General Fund unappropriated fund balance and increasing revenue estimates related to the Medi-Cal IGT Program by $1,017,509 in Account No. 01040404-431246. 9. Resolution No. 2023-67: Declaring a Portion of City -Owned Property at the Balboa Yacht Basin (BYB) Located at 829 Harbor Island Drive as Surplus Land Remove from the agenda. Volume 65 - Page 660 City of Newport Beach City Council Meeting November 14, 2023 10. Resolution No. 2023-68: Amending City Council Policy F-7 (Income and Other Property) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2023-68, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F-7 (Income and Other Property). CONTRACTS AND AGREEMENTS 11. 2022-2023 Citywide Facilities Painting Project (Project No. 23F02) — Notice of Completion for Contract No. 8940-1 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptt e by the City Council. 12. Street Pavement Repair Program (Fiscal Years 2022-23 and 2023-24) (Project No. 24R03) — Award of Contract No. 9379-1 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 9379-1 to Hardy & Harper, Inc. for the bid price of $1,652,000 for the Street Pavement Repair Program (FY 2022-23 and FY 2023-24), and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $165,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract. 13. Approval of Amendment No. 2 to On -Call Maintenance and Repair Agreements for Asphalt and Concrete Street Repairs Services with Hardy & Harper, Inc. (C-8508-3) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. '2 to the On -Call Services Agreement with Hardy & Harper, for as -needed asphaltvnd concrete street repair services for an additional not -to -exceed amount of $500,000, and authorize the Mayor and City Clerk to execute the agreement. 14. Ocean Boulevard Bluff Park — Professional Conceptual Design Services Contract (C-9463- 1) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Budget Amendment No. 23-035 transferring project savings from the Civic Center Park Improvements — Transportation Center Pickleball project and appropriating $109,680 in increased expenditures in Account No. 53601-980000-231,01; and c) Approve Professional Services Agreement with Rabben/Herman of Newport Beach, for conceptual design services of the Ocean Boulevard Bluff Park for a total not -to -exceed amount of $109,680, and authorize the Mayor and City Clerk to execute the Agreement. 15. Amendment to Professional Services Agreement with Sampson Oil Company for Oil Well Management Services (C-8490-1) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and Volume 65 - Page 661 City of Newport Beach City Council Meeting November 14, 2023 b) Approve Amendment No. Four to the Professional Services Agreement with Sampson Oil Company for Oil Management Services, which extends the contract to September 30, 2024, and increases the contract amount by $500,000, and authorize the Mayor and City Clerk to execute the agreement. 16. Award of Professional Services Agreement to Eide Bailly, LLP for an Evaluation of Potential Options for Exiting the Laborer's International Union of North America Supplemental Retirement Plan (C-9464-1) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager and City Clerk to execute a Professional Services Agreement with Eide Bailly, LLP for consulting services for the period ending June 30, 2024, with a total not -to -exceed amount of $42,000. 17. On -Call Professional Services Agreement for Phlebotomy Services (C-8412-3) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a sole source procurement of evidentiary phlebotomy services, thereby waiving the Request for Proposals requirement of City Council Policy F-14; and c) Approve an on -call professional services agreement with California Forensic Phlebotomy, Inc. of Anaheim Hills for evidentiary phlebotomy services for a five-year term, ending November 24, 2028, with a total amount not -to -exceed $28,5,000, nd authorize the Mayor and City Clerk to execute the agreement. 18. Approval of Vehicle Replacement Purchase Order for One Heavy Duty Mobile Crane Truck from PB Loader Corporation a) Determine this action is exempt from California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15 (c)(3) of the CEQA Guidelines because this action will not result in a physical change to t environment, directly or indirectly; b) Approve a Purchase Order for one eavy duty mobile crane truck from PB Loader Corporation of Fresno for a total amount of $632,848.81; and c) Authorize alcontingency of $32,000 (approximately 5% of the total quote) to cover the cost of unforeseen changes to the current quote. MISCELLANEOUS 19. Planning Commission Agenda for the November 9, 2023 Meeting Receive and file. 20. Confirmation of Nominations to Fill the Unscheduled Vacancy on the Board of Library Trustees a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Confirm the nominations of Fiona Ivey, Chase Rief, and Jenny Williams to fill the vacancy on the Board of Library Trustees. Motion by Mayor Pro Tem O'Neill, seconded by Councilmember Stapleton, to approve the Consent Calendar; and noting the recusal by Councilmember Kleiman to Item 6, the removal of Items 3 and 9 from the agenda, and the amendment to Item 1. The motion carried unanimously. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None Volume 65 - Page 662 City of Newport Beach City Council Meeting November 14, 2023 XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS - None XVIII. PUBLIC HEARINGS 21. Ordinance Nos. 2023-18 and 2023-19: Tennis and Pickleball Club at Newport Beach at 1602 East Coast Highway (PA2021-260) (C-9465-1) Councilmember Kleiman recused herself to avoid any appearance of bias due to the work her spouse's company does. Assistant City Manager Jurjis and Senior Planner Lee utilized a presentation to review the project location, background, proposed amendment, comparison from the previous iteration to the current proposed plan, project entitlements, the development agreement and public benefit fees. Jonathan Bailey, project manager, utilized a presentation to review the master site plan, summary of the 2012 approved plan and alternate plan, site plans, sognd barrier plan, co -ownership, and reasons to approve the project. X Mayor Blom stated that while he liked that the lease is signed, he is concerned with pushing back 10 years. In response to his question, Assistant City Manager Jurjis noted that if the project goes forward then there are enough trip counts for another project, and if it goes the other way, the applicant will have to modify the project. Mayor Blom questioned the lack of progress in 12 years and expressed concern for tying up trip counts, the facility, and housing units for 15 years, and noted the applicant's previous disinterest in providing housing units on the property. He indicated his lack of support for the project. In response to Mayor Pro Tem O'Neill's questions, Assistant City Manager Jurjis confirmed that during the one-year extension, a new project came forward along with a new development agreement. He confirmed that trips, units, or sglare footage come out of the statistical area when a development agreement is issued and is tracked for a 10-year period. He added that there has been no discussion of exten jon fees. Robert O Hill stated that groundbreaking can occur before 2032. In response to t;ouncilmele Weigand's question, hypothetically, the interinnis and pickleball development agreem isgenerally last for 1 Mayor Blom opened the public hearing. 0 Jim Mosher questioned the public benefit fee, parking and traffic impacts, the proposed General Plan amendment and impact on Greenlight. Mr. Bailey stated a willingness to return to a 10-year development agreement. Robert Strother supported the alternate plan. Hearing no further testimony, Mayor Blom closed the public hearing. Mayor Pro Tem O'Neill expressed frustration for the time that has passed, the lack of faith that the project will be completed in a timely manner, concern for extending it another 15-years, discussed the extension fee imposed on Hoag Hospital during a similar circumstance, and stated he would like to see other property owners have the opportunity to pursue development projects. Councilmember Grant expressed concern for the time that has passed on the project and a desire to have the project come to fruition. Robert O Hill stated they will take any time that Council will give Volume 65 - Page 663 City of Newport Beach City Council Meeting November 14, 2023 them, relayed the agreement with the other partners, and noted being able to move forward quickly while remaining sensitive to the pickleball members. Councilmember Grant noted the City is not currently processing any applications for pickleball at other sites. Councilmember Weigand suggested changing to a two-year Development Agreement. Motion by Councilmember Weigand, seconded by Mayor Pro Tem O'Neill, to a) adopt Resolution No. 2023-69, A Resolution of the City Council of the City of Newport Beach, California, Adopting an Addendum to Mitigated Negative Declaration No. ND2010-008 for the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260); b) adopt Resolution No. 2023-70, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment for the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260); c) adopt Resolution No. 2023-71, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment to the California Coastal Commission to Amend the Newport Beach Country Club Planned Community Development Plan (PC-47) for the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260); d) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-18, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment the Newport Beach Country Club Planned Community Development Plan (PC-47) for the Tennis and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260), and pass to second reading on November 28, 2023; and e) waive full reading, direct the City Clerk to read by title only, introduce amended Ordinance No. 2023-19, An Ordinance of the City Council of the City of Newport Beach, California, Approving a (two-year) Development Agreement for the T nis Club and Pickleball Club at Newport Beach Located at 1602 East Coast Highway (PA2021- 0), and Wss to second reading on November 28, 2023. With Councilmember Kleiman recusing herself, and Mayor Blom and Mayor Pro Tem O'Neill voting "no," the motion carried 4-2. 22. Ordinance Nos. 2023-20 and 2023-21 and Resolution No. 2023-72: Adopting Housing Element Implementation Noise -Related Amendments, and Resolution No. 2023-73: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency 1PA2022-0201) Councilmember Weigand recused himself due to receiving campaign contributions of over $250. 4V Assistant City Manager Jurjis provided an overview of the noise contour changes in the General Plan Amendment to move forward with pending projects and implement the Housing Element, changes to the Land Use Element, and an override for the inconsistent vote by the Airport Land Use Commission (ALUC). Mayor Blom opened the public hearing. Jim Mosher noted he submitted corrections to the amendment and opposed approving the matter. Jim Auster opposed the noise map revisions and any housing development in the 65-decibel zone and asked Council to consider an amendment to the proposal to delay development within the 65-decibel zone until all other sites with lower impact are developed to meet the housing mandate. Hearing no further testimony, Mayor Blom closed the public hearing. Motion by Mayor Blom, seconded by Mayor Pro Tem O'Neill, to a) find the Amendments are exempt and not subject to further environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 because the Amendments would not allow development of greater intensity than is allowed under the 2006 General Plan, including Volume 65 - Page 664 City of Newport Beach City Council Meeting November 14, 2023 the Newport Airport Village Planned Community, as amended. The updated noise contours, and impacts associated therewith, were also fully analyzed in the 2014 John Wayne Airport (JWA) Settlement Agreement Amendment Environmental Impact Report No. 617; b) Adopt Resolution No. 2023-72, A Resolution of the City Council of the City of Newport Beach, California, Approving Amendments to the Land Use and Noise Elements of the General Plan, Related to Noise in the Airport Area Necessary to Implement the 6h Cycle Housing Element (PA2022-0201); c) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-20, An Ordinance of the City Council of the City of Newport Beach, California, Approving An Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to Noise in the Airport Area Necessary to Implement the 6h Cycle Housing Element (PA2022-0201), and pass to second reading on November 28, 2023; d) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-21, An Ordinance of the City Council of the City of Newport Beach, California, Approving Amendments to Newport Place Planned Community Development Plan (PC-11) and Newport Airport Village Planned Community Development Plan (PC-60) Related to Noise in the Airport Area Necessary to Implement the 61h Cycle Housing Element (PA2022-0201), and pass to second reading on November 28, 2023; and e) adopt Resolution No. 2023-73, A Resolution of the City Council of the City of Newport Beach, California, Finding Amendments to the Noise and Land Use Elements of the General Plan, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, Newport Place Planned Community Development Plan (PCI1) and Newport Airport Village Planned Community Development Plan (PC-60), Related to Noise in the Airport Area Necessary to Implement the 6th Cycle Housing Element are Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Land Use Commission's Determination that the Amendments are Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022-0201). With Council Member Weigand recusing himself, the motion carried 6-0. 23. Resolution Nos. 2023-74 and 2023-75: Conduct a Public Hearing and Consider Water and Sewer Rate Adjustments Utilities Director Vukojevic reviewed comxuunity outreach efforts to communicate the rate adjustments and asked -Council to approve the updated rates to keep up with inflation, pending the protest report from,the City Clerk. Mayor Blom the, blic hearing. Hearing no testimony, he closed the public hearing. *% City Clerk Brown announc that one protest was received from a property owner and none from non -property -owning customers; and that in absence of a majority of valid protests, the City Council could adopt the resolutions that establish water and sewer rates and charges. Motion by Councilmember Avery, seconded by Mayor Blom, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) direct the City Clerk to tabulate the results of the protests received from property owners and customers and announce the findings; c) adopt Resolution No. 2023-74, A Resolution of the City Council of the City of Newport Beach, California, Establishing Water Rates and Charges Effective January 1, 2024, and Four Years of Phased In Increases Thereto; and d) adopt Resolution No. 2023-75, A Resolution of the City Council of the City of Newport Beach, California, Establishing Sewer Rates and Charges Effective January 1, 2024, and Four Years of Phased In Increases Thereto. The motion carried unanimously. 24. Ordinance No. 2023-22 and Resolutions No. 2023-76, 2023-77 and 2023-78: Adding, Amending, and Repealing Provisions of the Newport Beach Municipal Code and City Council Policies Volume 65 - Page 665 City of Newport Beach City Council Meeting November 14, 2023 Mayor Blom relayed that this matter was reviewed during a recent study session. Mayor Blom opened the public hearing. Jim Mosher suggested that, in the future, a single -subject rule is followed in which only one main issue is addressed at a time to avoid confusion in what is enacted. He further suggested the availability of an online copy and questioned the delegation of responsibility on page 24-517. Hearing no further testimony, Mayor Blom closed the public hearing. Mayor Pro Tem O'Neill stated that every effort was made to ensure transparency and noted that the NBMC will be smaller at the year end than at the start of the year. Motion by Mayor Pro Tem O'Neill, seconded by Councilmember Kleiman, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-22, An Ordinance of the City Council of the City of Newport Beach, California, Adding, Amending, and Repealing Various Provisions of the Newport Beach Municipal Code, and pass to second reading on November 28, 2023; c) adopt Resolution No. 2023-76, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to the Comprehensive Municipal Code Update (PA2022-0219); d) adopt Resolution No. 2023-77, A Resolution of the City Council of the City of Newport Beach, California, Adopting City Council Policy F-12, Establishing a Regulatory Framework for Operation and Permitting of Taxicab Businesses, Drivers, and Vehicles that are Substantially Located Within the Jurisdictional Boundaries of the City; and e) adopt Resolution No. 2023-78, A Resolution of the City Council of the City of Newport Beach, California, Amending and Repealing Various City Council Policies. The motion carried unanimously. XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - Adjourned at 8:21 p.m. in memory of James Lawson Pirdy and Peter Shea The agenda was posted on tlrre City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on November 9, 2023, at 4:00 p.m. Leilani I. Brown City Clerk Noah Blom Mayor Volume 65 - Page 666