HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
SEPTEMBER 24, 2024
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
REGULAR MEETING — 4:30 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
SEPTEMBER 24, 2024
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
REGULAR MEETING - 4:30 P.M.
I. ROLL CALL — 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation Recognizing Alzheimer's Orange County
SS3. Proclamation Recognizing Second Harvest Food Bank
SS4. Legislative Update from Senator Janet Nguyen
SS5. Update and Discussion on the Balboa Peninsula Trolley and Future City Trolley
Operations
Staff will provide an update to the Balboa Peninsula Trolley operation and provide information
and seek input related to possible expansion of local transit within Newport Beach.
III. RECESS
IV. RECONVENE AT 4:30 P.M. FOR REGULAR MEETING
V. ROLL CALL
VI. INVOCATION — Rabbi Gershon Zylberman, Temple Bat Yahm
VII. PLEDGE OF ALLEGIANCE
Vill. NOTICE TO THE PUBLIC
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are generally limited to three 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.
IX. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
X. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 15). Public comments are also invited on Consent Calendar items. Speakers
must limit comments to three 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 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.
City Council Meeting
September 24, 2024
Page 2
XI. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 10, 2024 City Council Meeting and Special 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 INTRODUCTION
3. Ordinance No. 2024-22: LCP Amendment Related to Nonconforming Uses and Structures
(PA2022-076)
a) Find this amendment exempt pursuant to California Environmental Quality Act (CEQA)
Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has no potential to have
a significant effect on the environment and local governments are exempt from the
requirements of CEQA in connection with the adoption of a Local Coastal Program; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-
22, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Sections 21.18.030 (Residential Coastal Zoning Districts General Development Standards),
21.38.040 (Nonconforming Structures), and 21.38.050 (Nonconforming Uses) of Title 21
(Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to
Conform with State Law and Correct Errors Related to Setbacks (PA2022-076), and pass to
second reading on October 8, 2024.
ORDINANCES FOR ADOPTION
4. Ordinance No. 2024-20: Adding Chapter 5.98 (Acceptance of Cash by Brick -and -Mortar
Businesses) to the Newport Beach Municipal Code
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. 2024-20, An Ordinance of the City Council
of the City of Newport Beach, California, Adding Chapter 5.98 (Acceptance of Cash by
Brick -and -Mortar Businesses) to the Newport Beach Municipal Code.
5. Ordinance No. 2024-21: Title 21 of the Newport Beach Municipal Code Updating Density
Bonus Regulations to Comply with State Law (PA2020-032)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3), the general rule that CEQA applies only to projects which have the
potential to have a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2024-21, An Ordinance of the City Council
of the City of Newport Beach, California, Adopting Local Coastal Program Amendment
No. LC2020-004, as Modified by the California Coastal Commission, Amending Title 21
(Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related
to Density Bonuses Standards, to Comply with State Law (PA2020-032).
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6. Resolution No. 2024-70: Approving Side Letter Agreements with Labor Groups
Representing City Employees
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;
City Council Meeting
September 24, 2024
Page 3
b) Adopt Resolution No. 2024-70, A Resolution of the City of Newport Beach, California,
Approving Side Letter Agreements with Labor Groups Representing City Employees; and
c) Approve Budget Amendment No. 25-018 appropriating $220,750 to various salary and
benefit accounts.
7. 16t" Street Pump Station Upgrades and Back-up Generator — Notice of Completion for
Contract No. 7693-2 (18W13)
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 29t" Street Public Pier — Notice of Completion for Contract No. 8821-2 (191-102)
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.
9. Purchase and Installation of Vehicle Exhaust Capture System Equipment — Notice of
Completion for Contract No. 8889-1 (23M12)
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.
10. Citywide Public Dock Rehabilitation —Award of Contract No. 9557-1 (241-102)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 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. 25-017 appropriating $430,893 in increased expenditures
in Account No. 10101-980000-24H02 from the Tidelands Capital Fund unappropriated fund
balance;
d) Award Contract No. 9557-1 to Jilk Heavy Construction, Inc. for the total bid price of
$1,296,000 for the Citywide Public Dock Rehabilitation Project, and authorize the Mayor and
City Clerk to execute the contract; and
e) Establish a contingency of $129,600 (10% of total bid) to cover the cost of unforeseen work
not included in the original contract.
11. Approval of Professional Services Agreement with Anchor QEA, Inc. for Balboa Yacht
Basin Marina Design Consulting 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 a Professional Services Agreement with Anchor QEA, Inc. for design services for
Balboa Yacht Basin Marina Replacement Project for a total not -to -exceed amount of
$787,159, and authorize the Mayor and City Clerk to execute the Agreement.
City Council Meeting
September 24, 2024
Page 4
12. Award of Maintenance and Repair Agreement with Meyers Construction Co. LLC for
On -Call Facilities Maintenance Support 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 a Maintenance and Repair Services Agreement with Meyers Construction Co. LLC
for On -Call Facilities Maintenance Support Services for a three-year term and a
not -to -exceed amount of $500,000, and authorize the Mayor and City Clerk to execute the
agreement.
13. Memorandum of Understanding with Laguna Beach County Water District for a New Water
Well
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because this action will not result in a physical change to
the environment, directly or indirectly;
b) Approve a Memorandum of Understanding with the Laguna Beach County Water District for
a new water well and authorize the Mayor and City Clerk to execute the agreement; and
c) Approve Amendment No. Two to the On -Call Professional Service Agreement with MKN &
Associates (Contract No. 8908-1) for professional civil engineering planning, design and
construction support services in the amount of $200,000, and authorize the Mayor and City
Clerk to execute the amendment.
14. Professional Services Agreement with Townsend Public Affairs, Inc. for Grant Writing
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 a Professional Services Agreement with Townsend Public Affairs, Inc. for grant
writing services for an initial one-year term, ending September 23, 2025, with two optional
one-year extensions and a total not -to -exceed amount of $216,000, and authorized the
Mayor and City Clerk to execute the agreement.
MISCELLANEOUS
15. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the City Council
and Confirmation of New Appointments to the General Plan Advisory Committee (GPAC)
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 report to express concurrence with the General Plan Advisory
Committee and the General Plan Update Steering Committee for additional work related to
the General Plan Noise Element; and
c) Confirm the General Plan Update Steering Committee's recommended appointments of
Virginia Anders-Ellmore and Janine Padia to fill the seats on the General Plan Advisory
Committee.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
September 24, 2024
Page 5
XIII. 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 minutes. Before
speaking, please state your name for the record.
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16. Resolution No. 2024-71: Denying an Appeal and Upholding the Decision of the Parks,
Beaches, and Recreation Commission's Decision to Remove a Special City Landmark
Blue Gum Eucalyptus Tree at the Balboa Branch Library and Fire Station; and Resolution
No. 2024-72: Approving Coastal Development Permit and Zoning Exemption (PA2024-
0140) to Allow the Demolition of the Existing Fire Station No. 1 and Balboa Branch Library,
and Construct a New Two -Story Fire Station No. 1 with an Attached City Library
a) Conduct a public hearing;
b) Find this project and removal of the tree exempt from the California Environmental Quality
Act (CEQA) pursuant to Sections 15301 (Class 1 — Existing Facilities), Section 15302
(Class 2 — Replacement of Reconstruction), and 15303 (Class 3 — New Construction or
Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3;
c) Adopt Resolution No. 2024-71, A Resolution of the City Council of the City of Newport Beach,
California, Denying the Applicant's Appeal of the Parks, Beaches, and Recreation
Commission's Decision to Approve the Removal of a Special City Landmark Blue Gum
Eucalyptus Tree at the Balboa Branch Library and Fire Station No. 1;
d) Find this project exempt from the provisions of Title 20 (Planning and Zoning) pursuant to
Section 20.10.040(A) (Applicability of Zoning Code) of the Newport Beach Municipal Code;
and
e) Adopt Resolution No. 2024-72, A Resolution of the City Council of the City of Newport Beach,
California, Approving Coastal Development Permit and Zoning Exemption to Demolish an
Existing City Fire Station and Library and Construct a New 51400 Two -Story City Fire Station
and an Attached 3,700 One -Story Library Location at 100 East Balboa Blvd. (PA2024-0140).
17. Resolution No 2024-73: Amending Portions of the Adopted and Certified 6'" Cycle Housing
Element, and Ordinance Nos. 2024-16 and 2024-17: Amending Title 20 (Planning and
Zoning) to Create the Housing Opportunity (HO) Overlay Zoning Districts and Establish
Multi -Unit Objective Design Standards (PA2022-0245)
a) Conduct a public hearing;
b) Find that 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, that the
action is also exempt from environmental review under CEQA pursuant to Class 21 as set
forth in Section 15321 of the CEQA Guidelines, which exempts actions that involve
enforcement of a law, general rule, standard, or objective, administered or adopted by a
regulatory agency, and further that all significant environmental concerns for the City of
Newport Beach Housing Element and its implementation have been addressed in a
previously certified environmental document (Housing Element Implementation Program
Environmental Impact Report [PEIR] — State Clearinghouse Number 2023060699);
c) Adopt Resolution No. 2024-73, A Resolution of the City Council of the City of Newport Beach,
California, Approving and Adopting a Narrowly Focused Amendment to the Adopted and
Certified 61 Cycle Housing Element for the 2021-2029 Planning Period (PA2022-0245);
d) Conduct second reading and adopt Ordinance No. 2024-16, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code to Implement the General Plan 6t" Cycle Housing Element
(PA2022-0245); and
City Council Meeting
September 24, 2024
Page 6
e) Conduct second reading and adopt Ordinance No. 2024-17, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code to Adopt Objective Development Standards (PA2022-0245).
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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.
XVI. ADJOURNMENT — In memory of Mike Talbot
Testimony given before the City Council is recorded.
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The timer light will turn red when the speaker has 10 seconds remaining.
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