HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
OCTOBER 8, 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
OCTOBER 8, 2024
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 5:30 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation Recognizing Kaleigh Gilchrist's Athletic Career
SS3. Recommendations Made by the City Council Ad Hoc Committee on Proposed Aquatic
Complex at the Lower Castaways Park Site
Staff will provide a project overview and discussion on a proposed Aquatic Complex at the
City's Lower Castaways Park Site, recommendations from the Ad Hoc Committee and seek
community and Council input, as well as any direction on moving forward with a potential
project.
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 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 — After Study Session — Council Chambers Conference Room
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 1 matter
Title: Grace Leung, City Manager.
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Will O'Neill, Mayor, Joe Stapleton, Mayor Pro Tem.
Unrepresented Employees: Grace Leung, City Manager.
V. RECESS
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION — Chaplain Kathy Gilbert, Calvary Chapel of Costa Mesa
City Council Meeting
October 8, 2024
Page 2
XI. 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.
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. 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.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 24, 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 INTRODUCTION
3. Ordinance No. 2024-23: Amending Chapters 5.95 (Short -Term Lodging Permit) and
15.02 (Administrative Code Related to Construction & Demolition Waste Permits) of the
Newport Beach Municipal Code
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 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; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-
23, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Section 5.95.043 (Transfer of Permit), and Section 5.95.065 (Suspensions and Revocations)
of Chapter 5.95 (Short Term Lodging Permit) and Section 15.02.085 (Addition of Section
105.3.1.1) of Chapter 15.02 (Administrative Code) of the Newport Beach Municipal Code, to
Update Administrative Procedures Related to the Extension of Deadlines and the Handling
of Deposits and Fees, and pass to second reading on October 22, 2024.
City Council Meeting
October 8, 2024
Page 3
ORDINANCE FOR ADOPTION
4. 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 15060(c)(2), 15060(c)(3), 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) Conduct second reading and adopt Ordinance No. 2024-22, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Sections 21.18.030 (Residential 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).
RESOLUTION FOR ADOPTION
5. Resolution No. 2024-74: Approval of the 2023 Urban Areas Security Initiative Grant
Program Transfer Agreement
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 Resolution No. 2024-74, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Agreement for Transfer or Purchase of Equipment/Services or for
Reimbursement of Training Costs for Fiscal Year 2023 Urban Areas Security Initiative (UASI)
between the City of Santa Ana and the City of Newport Beach; and
c) Authorize the City Manager to sign the agreement.
CONTRACTS AND AGREEMENTS
6. Newport Beach Junior Lifeguard Building Project — Notice of Completion No. 7524-2
19F13)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
7. San Miguel Park Accessible Playground Improvements — Award of Contract No. 9371-1
(24P01)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (maintenance of existing facilities involving no expansion or an
existing use) 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. 25BA-022 appropriating $607,680 in new expenditures
from the Community Development Block Grant (CDBG) to Account No. 12001-980000-
24P01;
d) Declare the bid submitted by A 2 Z Construct, Inc. (A2Z) of Rancho Santa Margarita as
non -responsive;
e) Award Contract No. 9371-1 to R.E. Schultz for the total bid price of $819,475, and authorize
the Mayor and City Clerk to execute the contract; and
f) Establish a contingency of $82,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
City Council Meeting
October 8, 2024
Page 4
8. Utilities Locker Room Maintenance — Award of Contract No. 9501-1 (25F03)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) 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) Award Contract No. 9501-1 to American Construction Company LLC, for the total bid price
of $232,500, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $35,000 (approximately 15% of total bid) to cover the cost of
unforeseen work not included in the original contract.
9. Police Department Parking Lot Maintenance Project — Reject All Bids for Contract
No. 7901-1 (25F02)
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 action will not
result in a physical change to the environment, directly or indirectly;
b) Reject all bids received for Contract No. 7901-1; and
c) Direct staff to re -advertise the Police Department Parking Lot Maintenance project.
10. Amended 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) Approve Budget Amendment No. 25-023 appropriating $56,000 in new revenue and
expenditures from Measure M Competitive Grant Funds to Account No. 1230052-980000-
24X02;
c) Adopt the Amended Measure M2 Seven -Year Capital Improvement Program; and
d) Direct staff to submit the amended materials to OCTA.
11. Purchase of Four Model Year 2028 Pierce Manufacturing, Inc. Fire Engines
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 the selection and purchase of four 2028 or newer model year Pierce Type 1 1500
GPM Triple Combination Pumping Engines mounted on Pierce Enforcer custom chassis,
using cooperative selection and pricing under Sourcewell Contract #113021-OKC;
c) Approve a Purchase Agreement with South Coast Fire Equipment, Inc. for the purchase of
four 2028 or newer model year Pierce Type 1 1500 GPM Triple Combination Pumping
Engines mounted on Pierce Enforcer custom chassis for a discounted pre -paid price of
$4,896,626.91;
d) Authorize the City's Finance Director to issue a Purchase Order to South Coast Fire
Equipment, Inc. for the discounted rate of $4,896,626.91 and process payment within
15 days of issuance;
e) Authorize the City Manager to approve a contingency amount not -to -exceed $244,832
(approximately 5% of the discounted purchase total) for change orders in excess of the
pre -paid price of $4,896,626.91, if the need arises; and
f) Approve Budget Amendment No. 25-021 appropriating $5,141,458.91 in increased
expenditures in the vehicle replacement fund, Account No. 7529032-911016 from the
Equipment Internal Service Fund (752) reserve.
City Council Meeting
October 8, 2024
Page 5
12. Approval of Services Agreement with Mueller Solutions LLC for Sentryx Software and
Extended Warranty for Repeaters and Collectors
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 Services Agreement with Mueller Solutions, LLC for Sentryx software and
extended warranty for repeaters and collectors for a five-year contract term and a total
amount of $350,000, and authorize the Mayor and City Clerk to execute the Agreement.
13. Amendment No. One to Option to Ground Lease Agreement with Balboa Fun Zone Realty
Investments LLC for Use of Palm Street Parking Lot Located at 200 Palm Street
a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines, because this
action is not a project, Section 15301 (Existing facilities), and Section 15302 (Replacement
or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because this approval authorizes an extension to the option to lease to extend
the timeframe for lease negotiations but does not authorize a specific project or project scope
and therefore has no potential to have a significant effect on the environment; and
b) Authorize the City Manager and City Clerk to execute Amendment No. One to Option to
Ground Lease Agreement By and Between the City of Newport Beach and Balboa Fun Zone
Realty Investments LLC in a form substantially similar to the amendment attached to the staff
report.
14. Temporary Staffing Services — Approval of Professional Services Agreement with
Temporary Staffing Professionals and The Intersect Group
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 Professional Services Agreement with Temporary Staffing Professionals for
temporary staffing services for a term of three years with an option to extend for
two additional one-year renewals for a total amount not to exceed $2,000,000;
c) Approve a Professional Services Agreement with The Intersect Group for a term of three
years with an option to extend for two additional one-year renewals for a total amount
not -to -exceed $500,000; and
d) Authorize the Mayor and City Clerk to execute the Agreements.
MISCELLANEOUS
15. Planning Commission Agenda for the October 3, 2024 Meeting
Receive and file.
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 minutes. Before
speaking, please state your name for the record.
City Council Meeting
October 8, 2024
Page 6
XVII. PUBLIC HEARING
16. Ordinance No. 2024-24: Approving of the Second Amendment to Development Agreement
No. DA2012-003 for the Uptown Newport Planned Community Located at 4311 Jamboree
Road (PA2024-0078)
a) Conduct a public hearing;
b) Find that all significant environmental concerns for the Project have been addressed in the
previously certified Environmental Impact Report No. ER2012-001 (SCH No. 2010051094),
First Addendum No. ER2012-001, and Second Addendum No. ER2020-001; and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-
24, An Ordinance of the City Council of the City of Newport Beach, California, Approving of
the Second Amendment to Development Agreement No. DA2012-003 for the Uptown
Newport Project Located at 4311-4321 Jamboree Road (PA2024-0078), and pass to second
reading on October 22, 2024.
XVIII. CURRENT BUSINESS
17. Resolution No. 2024-75: Establishing the Fair Market Value Per Acre for Assessing In Lieu
Park Dedication Fees
a) Find the adoption of this resolution is not subject to 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
b) Adopt Resolution No. 2024-75, A Resolution of the City Council of the City of Newport Beach,
California, Establishing the Fair Market Value Per Acre to be Used in Assessing In Lieu Park
Dedication Fees Pursuant to Section 19.52.070 (Fee In Lieu of Dedication) of the Newport
Beach Municipal Code and Rescinding Resolution No. 2020-95.
XIX. 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.
XX. ADJOURNMENT
Testimony given before the City Council is recorded.
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