HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JUNE 11, 2024
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 6:00 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(o)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
JUNE 11, 2024
CLOSED SESSION - 4:00 P.M.
REGULAR MEETING - 6:00 P.M.
I. ROLL CALL — 4:00 p.m.
II. PRESENTATIONS
• Proclamation to Jim "Poorman" Trenton
• Proclamation to the American Legion on its 100th Year
• Presentation of the Carnegie Medal to Fairuz Jane Schlecht
• Presentation from the Orange County Mosquito and Vector Control
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.
IV. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — SIGNIFICANT EXPOSURE TO LITIGATION
(Government Code § 54956.9(d)(2) (e)(3)): 1 matter
On Aprill 22, 2024, Elise M. Kern with the law firm of Palmieri, Hennessey & Leifer, LLP,
confirmed that Mr. Chris Benzen is inclined to pursue litigation against the City of Newport Beach
if the City Council increases the rent for moorings, as recommended by the Harbor
Commission. A copy of the e-mail from Ms. Kern is on file with the City Clerk located at 100 Civic
Center Drive, Newport Beach, California 92660, and is available for public inspection pursuant
to Government Code Section 54957.5.
The sole purpose of this Closed Session matter is to discuss the potential litigation and
not to discuss the Harbor Commission recommendation regarding mooring rental rates.
Any change to mooring rental rates will be considered during a future open meeting of
the City Council.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 17902 Bushard St., Fountain Valley, California 92708 — APN: 167-271-34.
City Negotiators: Seimone Jurjis, Assistant City Manager, Mark Vukojevic, Utilities Director, and
Lauren Wooding Whitlinger, Real Property Administrator.
Negotiating Parties: Phuong Thanh Nguyen, Benjamin Bao Le, and the Laguna Beach County
Water District, a special dependent district of the City of Laguna Beach.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
City Council Meeting
June 11, 2024
Page 2
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 406, 408, and 410 South Bay Front, Newport Beach, California 92662.
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding Whitlinger,
Real Property Administrator.
Negotiating Parties: Seymour Beek.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
D. 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.
V. RECESS
VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION — Dave Manne, Pastor Emeritus, Calvary Chapel of Costa Mesa
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
City Council Meeting
June 11, 2024
Page 3
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 19). 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 Councilmember, 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. Councilmembers 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.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
Minutes for the May 28, 2024 Special Joint Meeting of the City Council and Finance
Committee and the May 28, 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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2024-14: Terminating a Non -Exclusive Franchise Agreement for
Commercial Solid Waste
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) Conduct second reading and adopt 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.
RESOLUTIONS FOR ADOPTION
4. Resolution Nos. 2024-33 to 2024-35: Calling the November 5, 2024 General Municipal
Election
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;
b) Adopt Resolution No. 2024-33, A Resolution of the City Council of the City of Newport Beach,
California, Calling for the Holding of a General Municipal Election to be Held on Tuesday,
November 5, 2024, for the Election of Members of the City Council as Required by the
Provisions of the City Charter;
c) Adopt Resolution No. 2024-34, A Resolution of the City Council of the City of Newport Beach,
California, Requesting the Board of Supervisors of the County of Orange to Consolidate a
General Municipal Election to be Held on Tuesday, November 5, 2024, with the Statewide
General Election to be Held on the Same Date Pursuant to California Elections Code Section
10403 for the Purpose of Electing Members of the City Council; and
City Council Meeting
June 11, 2024
Page 4
d) Adopt Resolution No. 2024-35, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates
Statements Submitted to the Voters at an Election to be Held on Tuesday, November 5,
2024.
5. Resolution No. 2024-36: Adoption of Fiscal Year 2024-25 Appropriations Limit
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. 2024-36, A Resolution of the City Council of the City of Newport Beach,
California, Determining and Establishing the Appropriations Limit for Fiscal Year 2024-25 in
Accordance with Article XIIIB of the California Constitution and Government Code Section
7910, in the amount of $256,289,570.
6. Resolution No. 2024-37: Specifying Uses for FY2024-25 RMRA Funding from the
Road Repair and Accountability Act of 2017
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. 2024-37, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a List of Projects for Fiscal Year 2024-25 Funded by SB 1, the Road
Repair and Accountability Act of 2017.
CONTRACTS AND AGREEMENTS
7. Arroyo Park Synthetic Turf Field Installation — Notice of Completion for Contract No. 8891-
2 (23P11)
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.
8. Professional Services Agreement with Dudek, Inc. for Consulting Services for the
Corona del Mar Commercial Corridor Study (PA2024-0002)
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 and authorize the Mayor and City Clerk to execute a Professional Services
Agreement with Dudek, Inc. for consulting services for the Corona del Mar Implementation
Overlay Study in an amount not -to -exceed $218,048 in a form substantially similar to the
agreement attached to the staff report.
9. Amendment No. Four to Post Retirement Temporary Employment Agreement with
Rosalinh Ung
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 t the Mayor and Assistant City Manager to execute Amendment No. 4 to the Post
Retirement Temporary Employment Agreement with Rosalinh Ung for Principal Planner
Services.
City Council Meeting
June 11, 2024
Page 5
10. Professional Services Agreement with Lyons Security Service, Inc. for Security Guard
Services
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 Professional Services Agreement with Lyons Security Service, Inc. for Security
Guard Services in an amount not -to -exceed $300,000, and authorize the Mayor and City
Clerk to execute the agreement.
11. Professional Services Agreement for Beach Fire Rings Security
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 for beach fire rings security with Lyons
Security Service, Inc. of Anaheim Hills in an amount not -to -exceed $600,000, and authorize
the Mayor and City Clerk to execute the Agreement.
12. Purchase of Virtual Use -of -Force Training System
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 the purchase of Ti Training RECON 3 LED and V23 virtual use -of -force simulators
from ADS, Inc. of Virginia Beach, Virginia using Sourcewell cooperative pricing, and
authorize the City Manager to execute a purchase order in the amount of $181,293.75.
13. Vehicle Donation for Newport Beach Police Department Mounted Enforcement Unit
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) Accept the donation of a 2024 GMC 3500 pickup truck, valued at $75,980, for use by the
Newport Beach Police Department's Mounted Enforcement Unit.
14. Community Programs and Special Event Grants Recommendations for Fiscal Year 2024-
25
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) Pursuant to City Council Policy A-12, find that the
organizations listed below provide
community services or programs that serve residents and
are beneficial to residents' quality
of life and authorize the allocation of $55,811 of the Community Programs Grants in the
following manner:
Community Programs Grants Applicant
Recommendation
Balboa Island Museum and Historical Society
$ 10,000
Boys & Girls Club of Central Orange Coast
$ 4,500
Newport Bay Conservancy
$ 6,000
Newport Sea Base — Boy Scouts of America
$ 4,000
Orange Coast College Foundation Marine Program
$ 4,000
Pacific Marine Mammal Center
$ 5,000
Share Ourselves
$ 5,000
Southern California Blood Bank
$ 5,193
Speak Up Newport
$ 7,858
Wake Up Newport
$ 4,260
Total
$ 55,811;
City Council Meeting
June 11, 2024
Page 6
c) Waiver of City Council Policy A-12 regarding $75,000 to be expended each fiscal year for
the Community Programs Grants, in favor of a reduction to $60,000,
matching the proposed
FY 2024-25 budget; and
d) Pursuant to City Council Policy A-12, find that the special events listed
below
are community,
social or athletic events that are beneficial to residents' quality of life, and authorize the
allocation of $300,000 of the Special Event Grants in the following manner:
Community & Charitable Events
Recommendation
4th of July Parade and Picnic
$
527
Andersen Deans Port of July
$
527
Annual Corona del Mar Christmas Walk
$
5,500
Annual Corona del Mar Scenic 5k
$
12,750
Annual Easter Egg Hunt
$
527
Annual Newport Classic Surf Contest
$
1,098
Balboa Island Parade
$
9,800
Balboa Island Summer Concert Series
$
1,098
Balboa Island Tree Lighting and Snow Day
$
527
Car Show
$
6,369
CdM Home Tour
$
500
Christmas for a Cause
$
527
Corona del Mar Sandcastle Contest
$
527
Field of Honor
$
1,500
July 4th-7th Community Celebration for 100 Years
$
1,098
Walk for Patrick Turner
$
527
Wooden Boat Festival
$
1,098
World Wildlife Day Celebration
$
500
Total
$
45,000
Signature Events
Recommendation
Hoag Classic
$
25,000
Newport Beach 4-Man Volleyball Invitational
$
10,000
Newport Beach Christmas Boat Parade & Ring of Lights
$
50,000
Newport Beach Film Festival
$
120,000
Newport -Mesa Spirit Run
$
30,000
Newport to Ensenada International Yacht Race
$
10,000
Susan G. Komen More than Pink Walk Orange County
$
10,000
Total
$
255,000; and
e) Authorize the Recreation & Senior Services Director to sign one-year grant agreements
with
Signature Event organizers.
MISCELLANEOUS
15. Planning Commission Action Report for the June 5, 2024 Special Meeting
Receive and file.
16. Annual Measure M2 Eligibility Submittal
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) Adopt the Measure M2 Seven -Year Capital Improvement Program; and
c) Direct staff to submit all necessary materials to OCTA to satisfy the FY 2024-25 Measure M2
annual eligibility requirements.
17. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the City Council
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) Receive and file the report.
City Council Meeting
June 11, 2024
Page 7
18. Confirmation of Annual Citizen Member Appointments to the Finance Committee
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 Councilmember Brad Avery's reappointment of Nancy Scarbrough, Councilmember
Robyn Grant's reappointment of Keith Curry, Councilmember Lauren Kleiman's
reappointment of Allen Cashion, and Councilmember Erik Weigand's reappointment of
Bill Collopy to serve on the Finance Committee until June 30, 2025.
19. Confirmation of Nominees for Scheduled Board and Commission Vacancies
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 made by the City Council Ad Hoc Appointments Committee:
Board of Library Trustees [1 vacancy]
Meghan Murray
Jenny Williams
Building and Fire Board of Appeals [2 vacancies]
Kenneth Kasdan
City Arts Commission [2 vacancies]
Shireen Amin
David Anastos
Heather Ignatin
Vanessa Moore
Civil Service Board (Police and Fire nominees) [2 vacancies]
Howard Herzog (incumbent)
Brian Moore (incumbent)
Matthew Parisi
Zoe Tapie
Amy Waunch
Harbor Commission [1 vacancy]
Kevin Kramer
Jon (Jock) Marlo III
Gary Williams (incumbent)
Parks, Beaches & Recreation Commission [1 vacancy]
Robin McGillivray
Drew Teicheira
Amy Waunch
Planning Commission [2 vacancies]
Thomas Downes
Curtis Ellmore (incumbent)
Jonathan Langford (incumbent)
Ekta Naik
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVI. 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.
City Council Meeting
June 11, 2024
Page 8
XVII. PUBLIC HEARINGS
20. Resolution No. 2024-38: Fiscal Year 2024-25 Budget Adoption, Budget Public Hearing,
Recommendations from the Finance Committee, and Proposed Budget Revision Items;
and Resolution No. 2024-39: City Council Policy F-2
a) Conduct a public hearing regarding the City Manager's proposed budget for Fiscal Year
2024-25;
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;
c) Consider the Finance Committee's budget recommendations;
d) Review and approve the proposed budget revisions;
e) Adopt Resolution No. 2024-38, A Resolution of the City Council of the City of Newport Beach,
California, Adopting the Budget for the 2024-25 Fiscal Year,
f) Review and approve the City Manager's recommended list of City position classifications and
their salary ranges as required by the California Public Employees' Retirement System and
in accordance with 2 CCR § 570.5 (a)(1);
g) Approve Budget Amendment No. 25-001, appropriating structural surplus revenue to
one-time expenditure appropriations allocating additional funds to be paid to the California
Public Employee's Retirement System in Fiscal Year 2024-25 towards paying down the
unfunded pension liability; and
h) Adopt Resolution No. 2024-39, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy F-2 (Reserve Policy).
21. Resolution No. 2024-40: Authorizing Application for Grant Funding from the Orange
County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Program
a) Conduct a public hearing;
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) Adopt Resolution No. 2024-40, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Application for Grant Funding from the Orange County Enhanced
Mobility for Seniors and Individuals with Disabilities Program.
XVIII. 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 Councilmembers who voted with the prevailing
side.
XIX. ADJOURNMENT
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.
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