HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
NOVEMBER 19, 2024
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
PRESENTATION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS PRESENTATIONS
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 staff 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
NOVEMBER 19, 2024
PRESENTATION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS PRESENTATIONS
REGULAR MEETING — 4:30 P.M.
ROLL CALL — 4:00 p.m.
II. PRESENTATION
• Presentation Recognizing Greg Laurie
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
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 — Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 2 matters
1. Property: 301 E Balboa Blvd., Newport Beach, CA 92660 - APN: 048-082-01.
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Whitlinger, Real
Property Administrator.
Negotiating Parties: Joseph Berkson, Marcus & Millichap, on behalf of Bobby Hanada and
Linda Hanada.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
2. Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and
944 Via Lido Nord (423-281-10) (approximately 1,105 square feet).
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Whitlinger, Real
Property Administrator.
Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the
944 Via Lido Nord Trust.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
V. RECESS
VI. RECONVENE AT 4:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION
City Council Meeting
November 19, 2024
Page 2
X. PLEDGE OF ALLEGIANCE — Boy Scout Troop 695
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. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider adopting a resolution that provides that any seat on the Finance Committee held
by a Councilmember or Councilmember's appointee is automatically vacated once the
Councilmember is no longer a member of the City Council [O'Neill]
• Consider adoption of a resolution amending the resolutions creating the General Plan
Advisory Committee (GPAC) and General Plan Update Steering Committee (GPUSC) to
provide for the annual appointment of members at the first meeting in February of each
year. Existing members terms shall expire each February unless the member is
reappointed to the GPAC or GPUSC [O'Neill]
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 21). 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.
XV. CONSENT CALENDAR
RESOLUTIONS FOR ADOPTION
Resolution No. 2024-85: Initiating an Amendment to Titles 20 and 21 of the Newport Beach
Municipal Code Regarding the Housing Opportunity (HO) Overlay Zoning Districts
(PA2024-0205)
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2024-85, A Resolution of the City Council of the City of Newport Beach,
California, Initiating an Amendment to the Housing Opportunity (HO) Overlay Zoning Districts
in Title 20 (Planning and Zoning) and the Pending Housing Opportunity (HO) Overlay Coastal
Zoning Districts in Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code (PA2024-0205).
City Council Meeting
November 19, 2024
Page 3
2. Resolution No. 2024-86: Approving Submittal of Grant Funding Application Under Orange
County Transportation Authority (OCTA) Comprehensive Transportation Funding
Program (CTFP)
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. 2024-86, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Submittal of a Funding Application for an Arterial Capacity
Enhancement Project to the Orange County Transportation Authority for Funding Under the
Comprehensive Transportation Funding Program, for the West Coast Highway Widening at
Old Newport Boulevard project.
3. Resolution No. 2024-87: Supporting an Application by the City of Santa Ana to the Orange
County Transportation Authority for Funding Under Measure M2 Regional Traffic Signal
Synchronization Program for the Bristol Street Project from SR-22 to Jamboree Road
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. 2024-87, A Resolution of the City Council of the City of Newport Beach,
California, Supporting an Application by the City of Santa Ana to the Orange County
Transportation Authority for Funding Under Measure M2 Regional Traffic Signal
Synchronization Program, for the Bristol Street Project from SR-22 to Jamboree Road.
4. Resolution No. 2024-88: Approval of Measure M2 Expenditure 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; and
b) Adopt Resolution No. 2024-88, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach
for the Fiscal Year Ending June 30, 2024.
5. Resolution No. 2024-89: Total Compensation Philosophy
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. 2024-89, A Resolution of the City Council of the City of Newport Beach,
California, Adopting an Updated Total Compensation Philosophy; and
c) Approve Comparator Agencies for the purpose of conducting pay and benefit surveys.
6. Resolution No. 2024-90: Acceptance of Wildfire Prevention Grant from State of California
Department of Forestry and Fire Protection
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. 2024-90, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Acceptance of California Climate Investments Wildfire Prevention
Grants Program Funding Administered by CAL FIRE for the Buck Gully Reserve Hazardous
Fuel Thinning and Reduction Project;
c) Approve State of California Grant Agreement 5GG23212 for the Buck Gully Reserve
Hazardous Fuel Thinning and Reduction Project and authorize the City Manager and City
Clerk to execute the agreement and any subsequent related documents as may be related
to the reimbursement of the cost of the Project; and
City Council Meeting
November 19, 2024
Page 4
d) Approve Budget Amendment No. 25-041 appropriating $449,763.69 in increased revenue
from the State of California Department of Forestry and Fire Protection to Fire Prevention
Account 01040402-431454-G2540 (State Grants) and appropriating $449,763.69 in
increased expenditures to Fire Prevention Account 01040402-821004-G2540 (Grant
Expenses).
CONTRACTS AND AGREEMENTS
7. Irrigation Controllers Replacements — Notice of Completion for Contract No. 9527-1
(24P02)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
8. Tamura Deep Water Well Rehabilitation (Project No. 24W15) — Notice of Completion for
Contract No. 9328-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
9. Underground Utility Assessment District No. 113 — Notice of Completion for Contract
No. 7979-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project; and
b) Approve Budget Amendment No. 25-040 appropriating $150,000 in increased expenditures
in Account No. 66302-941003 from the Assessment District 113 unappropriated fund
balance.
10. Tamura Shallow, Dolphin Shallow and Dolphin Deep Water Well Rehabilitation —Award of
Contract No. 9598-2 (25W07) and Approval of Amendment No. One to Professional
Services Agreement with Richard C. Slade and Associates for Water Well Rehabilitation,
Contract No. 9598-1 (25W07)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no
expansion of capacity)] 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. 25-039 appropriating $1,339,096 in increased
expenditures in Account No. 70201931-980000-25W07 and transferring funds from the
Water Enterprise Fund unappropriated fund balance to the Water Capital Fund;
d) Award Contract No. 9598-2 to General Pump Company for the total bid price of $2,317,060,
and authorize the Mayor and City Clerk to execute the contract;
e) Establish a contingency of $232,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract; and
f) Approve Amendment No. One to the Professional Services Agreement Contract No. 9598-1
with Richard C. Slade and Associates, Inc. for an additional $245,510 for a total not -to -
exceed amount of $287,606 and authorize the Mayor and City Clerk to execute the
amendment.
11. Fiscal Year 2024-25 Restroom Rehabilitation Phase 2 — Award of Contract No. 8905-3
(24F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(d), Class 1 (restoration or rehabilitation of deteriorated 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;
City Council Meeting
November 19, 2024
Page 5
b) Approve the project plans and specifications;
c) Award Contract No. 8905-3 to Empire Design & Build LLC for the total bid price of
$920,000.00 for the FY 2024-25 Restroom Rehabilitation Phase 2, and authorize the Mayor
and City Clerk to execute the contract; and
d) Establish a contingency of $92,000.00 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
12. Underground Utility Assessment District No. 124 (Central Balboa Island — Phase 2) —
Award of Contract No. 9451-2
a) Acknowledge this project is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15302(d), Class 2 (conversion of overhead electrical utility distribution
lines where the surface is restored to the condition existing prior to the undergrounding) 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. 9451-2 to Asplundh Construction, LLC for the total bid price of
$5,687,675 for the Underground Utility Assessment District No. 124 (Central Balboa Island -
Phase 2) project, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $570,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract; and
e) Approve Amendment No. Five to the Professional Services Agreement for Assessment
District Engineering Services for Underground Utility Assessment District No. 124 with NV5,
Inc. to increase the fee amount by $256,969 for a total not -to -exceed contract amount of
$824,816, extend the contract expiration date to June 30, 2026, and authorize the Mayor and
City Clerk to execute the agreement.
13. Approval of Professional Services Agreement with LAZ Parking California, LLC for Balboa
Peninsula Trolley Transit Operations and Vehicle Procurement 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;
b) Approve Budget Amendment No. 25-035 appropriating $3,274,720 in new revenue and
expenditures from OCTA to Account Nos. 1230053-431150-25T13 and 1230053-980000-
25T13, respectively, and appropriating $641,027 in increased expenditures in Account
No. 01201938-980000-25T13 from the General Fund Capital Improvement Program
unappropriated fund balance; and
c) Approve a Professional Services Agreement with LAZ Parking California, LLC for Balboa
Peninsula Trolley Transit Operations and Vehicle Procurement Services of five new trolley
vehicles for a total not -to -exceed amount of $3,897,746.55, and authorize the Mayor and City
Clerk to execute the agreement.
14. Concrete Replacement Program FY 2024-25 — Award of Contract No. 9715-1 (251106)
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. 9715-1 to Towo Enterprise, Inc. for the total bid price of $1,586,380, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $159,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
City Council Meeting
November 19, 2024
Page 6
15. Cooperative Agreements with One Ford Road Community Association and Belcourt Hill
Homeowners Association for Maintenance of Median Improvements
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 Cooperative Agreement between the City of Newport Beach and One Ford Road
Community Association for maintenance of median improvements on Ford Road;
c) Approve the Cooperative Agreement between the City of Newport Beach and Belcourt Hill
Homeowners Association for maintenance of median improvements on Ford Road; and
d) Authorize the Mayor and City Clerk to execute the agreements.
16. Approval of On -Call Professional Services Agreements with Norm Nedell and
Jodi Mannino for Emergency Medical Services Nurse Educator/Continuous Quality
Improvement 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;
b) Approve On -Call Professional Services Agreement with Norm Nedell for a three-year term
and a total amount not -to -exceed $60,000 to provide Continuous Quality Improvement (CQI)
services, and authorize the Mayor and City Clerk to execute the agreement; and
c) Approve On -Call Professional Services Agreement with Jodi Mannino for a three-year term
and a total amount not -to -exceed $145,000 to provide Continuous Quality Improvement
(CQI) services, and authorize the Mayor and City Clerk to execute the agreement.
17. Memorandum of Understanding and Loan Agreement with Nancy Lynn Gardner for the
Sculpture A Novel Idea
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 Memorandum of Understanding and Loan Agreement between the City of
Newport Beach and Nancy Lynn Gardner for the exhibition of the sculpture, A Novel Idea;
and
c) Approve the placement of A Novel Idea in the Library Entry Plaza of the new Balboa Branch
Library.
18. Revocable License Agreement with Newport Beach Chamber of Commerce for Use of
Promotional and Branding Materials
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 Revocable License Agreement with the Newport Beach Chamber of Commerce
for the use of promotional and branding materials.
MISCELLANEOUS
19. Budget Amendment to Accept a Check from the California Library Literacy Services and
Appropriate Funds to the Library's Fiscal Year 2024-25 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) Accept a check in the amount of $41,935 from California Library Literacy Services and
approve Budget Amendment No. 25-031 to increase expenditures by the same amount in
the Literacy accounts.
City Council Meeting
November 19, 2024
Page 7
20. Annual Reports on Development Impact Fees and Development Agreements
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, review and file the annual reports on development impact fees and development
agreements.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
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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 minutes. Before
speaking, please state your name for the record.
XVIII. CURRENT BUSINESS
21. Placement of Original Wooden City Seal from the Former City Council Chambers
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) Review and provide direction to staff where to place, or continue to store, the original wooden
City Seal from the former City Council Chambers.
22. Appointment of a Civil Service Board Member to Fill an Unscheduled Vacancy
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) Appoint 1) Micheal Denner or 2) Matthew Parisi (as ranked) to fill the vacancy on the
Civil Service Board for a term that expires on June 30, 2027.
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.
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Testimony given before the City Council is recorded.
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