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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA MAY 28, 2024 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 5:30 P.M. WILL O'NEILL, Mayor JOE STAPLETON, Mayor Pro Tern BRAD AVERY, Councilmember NOAH BLOM, Councilmember ROBYN GRANT, Councilmember LAUREN KLEIMAN, Councilmember ERIK WEIGAND, Councilmember GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. BROWN, City Clerk NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting. LEVINE ACT Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract (other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. PUBLIC HEARINGS If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NOTICE TO THE PUBLIC Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(a)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 MAY 28, 2024 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION - FOLLOWS STUDY SESSION REGULAR MEETING - 5:30 P.M. ************* NOTE: A Special Joint Meeting of the Newport Beach City Council and the Finance Committee will be held at 4:00 p.m. in the same location (City Council Chambers). Please see the separate agenda for this meeting. The public is welcome to participate in the Special Joint Meeting, as well as the City Council Meeting. ************* ROLL CALL — 4:00 p.m. [oil]NN=1ki11i INMIz1=M*1 SS1. Clarification of Items on the Consent Calendar SS2. Review of the Proposed Fiscal Year 2024-25 Capital Improvement Program Budget Public Works staff will be presenting the proposed Fiscal Year 2024-25 through 2029-30 Capital Improvement Program. The Capital Improvement Program (CIP) serves as a plan for the provision of public improvements, special projects, on -going maintenance programs, and the implementation of the City's master plans. Projects in the CIP include improvements and major maintenance on arterial highways, local streets, and alleys; storm drain and water quality improvements; harbor, pier, and beach improvements; park and facility improvements; water and wastewater system improvements; transportation safety, reliability, and traffic signal improvements; and planning programs and studies. The presentation will review an focus on the proposed CIP budget of $90,245,500 for capital improvement projects and programs in FY 2024-25. SS3. Public Safety Technology Ad Hoc Committee Results Newport Beach Police Department staff will present on the results of the Public Safety Technology Ad Hoc Committee. The presentation will include new technology projects to enhance public safety. III. PUBLIC COMMENTS The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non -agenda items. Speakers must limit comments to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. City Council Meeting May 28, 2024 Page 2 IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 2 matters 1. Agency Designated Representatives: Grace K. Leung, City Manager, and Barbara Salvini, Human Resources Director. Employee Organizations: Association of Newport Beach Ocean Lifeguards; Newport Beach City Employees Association; Newport Beach Employees League; Newport Beach Firefighters Association; Newport Beach Fire Management Association; Newport Beach Lifeguard Management Association; Newport Beach Police Association; Newport Beach Police Management Association; Newport Beach Professional and Technical Employees Association; and Part Time Employees Association of Newport Beach. 2. Agency Designated Representatives: Will O'Neill, Mayor, and Joe Stapleton, Mayor Pro Tem. Unrepresented Employees: All unrepresented employees (including all employees in the Key and Management Group), except for the City Manager, City Attorney and City Clerk. N=101*$' VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL Vill. CLOSED SESSION REPORT IX. INVOCATION — Pastor Russell Lackey, Lutheran Church of the Master X. PLEDGE OF ALLEGIANCE XI. NOTICE TO THE PUBLIC The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Request staff to provide an update on the implementation status of the 2014 City of Newport Beach Bicycle Master Plan at a City Council Study Session in the near future [Stapleton] City Council Meeting May 28, 2024 Page 3 XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 16). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item. All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the May 14, 2024 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. CONTRACTS AND AGREEMENTS 3. Balboa Pier Maintenance (Project No. 241-109) — Notice of Completion for Contract No. 9323-1 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 acceptance by the City Council. 4. FY 2022-23 Traffic Signal Rehabilitation Project (Project No. 23T01) — Notice of Completion for Contract No. 9095-1 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 acceptance by the City Council. 5. Water Transmission Main Valve Replacement Phase 2 (Project No. 18W12) — Notice of Completion for Contract No. 7539-3 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 acceptance by the City Council. City Council Meeting May 28, 2024 Page 4 6. 38t" Street and Lake Avenue Landscape Improvement Project — Award of Contract No. 9008-1 (241_01) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c), Class 2 (replacement of existing public facilities involving negligible or no expansion of existing 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) Approve Budget Amendment No. 24-076 appropriating $152,041.70 in increased expenditures in Account No. 16701-980000-241-01 from the Oceanfront Encroachment Fund unappropriated fund balance; d) Award Contract No. 9008-1 to S&H Civilworks for the total bid price of $193,067 for the 38t" Street and Lake Avenue Landscape Improvements project, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $29,000 (approximately 15% of total bid) to cover the cost of unforeseen work not included in the original contract. 7. Balboa Boulevard, Newport Boulevard, and 32"d Street Pavement Rehabilitation — Award of Contract No. 8833-2 (22R11) 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) Approve Budget Amendment No. 24-078 appropriating $42,000 in new revenue and expenditures from Orange County Sanitation District to Account No. 13501-980000-22R11; d) Award Contract No. 8833-2 to R.J. Noble Company for the total bid price of $5,119,060 for the Balboa Boulevard, Newport Boulevard, and 32nd Street Pavement Rehabilitation project, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $512,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract. 8. Irrigation Controllers Replacement — Award of Contract No. 9527-1 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) Award Contract No. 9527-1 to American Landscape, Inc. for the total bid price of $729,950 for the replacement of 59 irrigation controllers, and authorize the Mayor and City Clerk to execute the agreement; and c) Establish a contingency of $36,500 (approximately 5% of total bid) to cover the cost of unforeseen work not included in the original contract. 9. General Liability Third Party Administrator — Approval of Professional Services Agreement with AdminSure, Inc. 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 a five-year Professional Services Agreement with AdminSure, Inc. for Third Party General Liability Claims Administration Services at a not -to -exceed amount of $673,228, and authorize the Mayor and City Clerk to execute the Agreement. City Council Meeting May 28, 2024 Page 5 10. Award and Approval of Purchase Agreement with Florence Marine X, LLC for Junior Lifeguard Program Uniforms and Apparel 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 a Purchase Agreement with Florence Marine X, LLC for Junior Lifeguard Uniform Apparel for a not -to -exceed amount of $1,816,000, with a two-year initial term with three additional, one-year extensions (for an approximate total five-year term), and authorize the Mayor and City Clerk to execute the agreement. MISCELLANEOUS 11. Planning Commission Agenda for the May 23, 2024 Meeting Receive and file. 12. Accept the 2021 Emergency Management Performance Grant 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) Accept the grant funding in the amount of $13,270 to be used in support of the City of Newport Beach's emergency management program; and c) Approve Budget Amendment No. 24-073 to accept grant funds from FEMA through the County of Orange, increase revenue estimates by $13,270 in account 0103511-431250 and increase expenditures appropriations by $13,270 in account 0103511-821005. 13. Accept the 2022 Emergency Management Performance Grant 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) Accept the grant funding in the amount of $14,269 to be used in support of the City of Newport Beach's emergency management program; and c) Approve Budget Amendment No. 24-074 to accept grant funds from FEMA through the County of Orange, increase revenue estimates by $14,269 in account 0103511-431250 and increase expenditures appropriations by $14,269 in account 0103511-821005. 14. Annual Report and Renewal of the Military Equipment Use Policy for the Newport Beach Police Department 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) Receive and file the 2023 Annual Military Equipment Report; and c) Renew the Military Equipment Use Policy for the Newport Beach Police Department, including minor changes to the list of authorized munitions, as specified. 15. Fiscal Year 2023-24 Third Quarter Financial Report 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. 24-071, adjusting revenue estimates and expenditure appropriations for the Fiscal Year 2023-24 budget as outlined in the report; and c) Receive and file the report of budget amendments for the third quarter. City Council Meeting May 28, 2024 Page 6 16. Set Public Hearing Date to Adopt Fiscal Year 2024-2025 Budget 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) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2024-2025 for June 11, 2024, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. 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Resolution No. 2024-32: Notice of Intent to Override Orange County Airport Land Use Commission's Determination of Inconsistency for the City's Housing Element Implementation Program Amendments (PA2022-0245) a) Conduct a public hearing; b) Find that the proposed overriding action is not subject to 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 c) Adopt Resolution No. 2024-32, A Resolution of the City Council of the City of Newport Beach, California, Notifying the Orange County Airport Land Use Commission (ALUC) and State Division of Aeronautics Program of the City's Intention to Find that Amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Necessary to Implement the General Plan 61 Cycle Housing Element are Consistent with the Purpose of the State Aeronautics Act and Overrule ALUC's Determination that the Amendments are Inconsistent with the 2008 John Wayne Airport Land Use Plan (PA2022-0245). XIX. CURRENT BUSINESS 18.Ordinance No. 2024-14: Terminating a Non -Exclusive Franchise Agreement for Commercial Solid Waste a) Conduct a hearing to consider the termination of the Non -Exclusive Commercial Solid Waste Franchise Agreement with Key Disposal & Recycling, Inc.; b) 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 c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024- 14, An Ordinance of the City Council of the City of Newport Beach, California, Terminating a Non -Exclusive Franchise Agreement for Commercial Solid Waste in its entirety, and pass to second reading on June 11, 2024. City Council Meeting May 28, 2024 Page 7 XX. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side. XXI. ADJOURNMENT — In memory of Tom Phillips Testimony given before the City Council is recorded. The timer light will turn yellow when the speaker has one minute remaining. The timer light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE