HomeMy WebLinkAbout00 - Agenda� �tiW PORT
O �
� n
� z
C�L1 FORN-jP
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
OCTOBER 11, 2022
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
REGULAR MEETING — 5:00 P.M.
KEVIN MULDOON, Mayor
NOAH BLOM, Mayor Pro Tern
BRAD AVERY, Council Member
JOY BRENNER, Council Member
DIANE B. DIXON, Council Member
DUFFY DUFFIELD, Council Member
WILL O'NEILL, Council Member
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.
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 11, 2022
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
REGULAR MEETING - 5:00 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Circulation Element Goals and Policies
City staff and the consultant team will review the General Plan Circulation Element Update
process and the proposed new Goals and Policies that will comply with State mandates such
as Vehicle Miles Traveled (VMT) legislation and "Complete Streets" legislation. The updated
Goals and Policies also reflect the community's vision on trending transportation matters,
including electric vehicles and climate change, rideshare services, public transportation,
bicycle plans and electric bikes, telecommuting, roadway safety, and parking management.
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. RECESS
V. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. INVOCATION — Muriu Makumi, Mariners Church, Irvine
Vill. PLEDGE OF ALLEGIANCE
IX. 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.
X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XI. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 14). 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.
City Council Meeting
October 11, 2022
Page 2
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.
XII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 27, 2022 City Council Special and Regular Meetings
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. 2022-21: Non -Exclusive Commercial Solid Waste Franchises
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. 2022-21, An Ordinance of the City Council
of the City of Newport Beach, California, Granting Non -Exclusive Franchise Agreements for
Commercial Solid Waste and Divertible Materials Handling Services Within the City of
Newport Beach to the three so named companies.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2022-69: Authorizing the Submittal of The Whale Tail Grant Application to
the California Coastal Commission for Funding of the Junior Lifeguard Scholarship
Program
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 2022-69, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Application for and Securing of Funds from the California Coastal
Commission's Whale Tail Grant Program to Fund the Pilot Year of the Junior Lifeguard
Scholarship; and
c) Authorize the City Manager, or her designee, to sign grant documents.
5. Resolution No. 2022-70: Approval of the 2021 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. 2022-70, 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 FY 2021 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.
City Council Meeting
October 11, 2022
Page 3
6. Resolution No. 2022-71: Establishing "No Parking" Restrictions on a Portion of Bayside
Drive to Improve Street Sweeping Effectiveness
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. 2022-71, A Resolution of the City Council of the City of Newport Beach,
California, Establishing "No Parking" Restrictions on Designated Streets on Specific Days
and Times to Improve Street Sweeping Effectiveness and Rescinding Resolution No. 2022-
12.
CONTRACTS AND AGREEMENTS
7. Balboa Boulevard Median Improvements (Project No. 19R11) — Notice of Completion for
Contract No. 7629-2
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. West Irvine Terrace and Balboa Island Water Main Replacement — Award of Contract
No. 7966-1 (23W13 & 23W11)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Class 2 Section 15302(c) (replacement of existing public facilities involving negligible or no
expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7966-1 to T.E. Roberts, Inc. for the bid price of $4,222,889 for the
West Irvine Terrace and Balboa Island Water Main Replacement project, and authorize the
Mayor and City Clerk to execute the contract;
d) Establish a contingency of $633,000 (approximately 15 percent of total bid) to cover the cost
of unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 23-024 appropriating $1,379,100 in increased
expenditures in Account No. 70201931-980000-23W13 and transferring funds from the
Water Enterprise Fund unappropriated fund balance to the Water Capital Fund for the
West Irvine Terrace and Balboa Island Water Main Replacement.
9. Approval of Professional Services Agreement with Tait and Associates, Inc. for the
15th Street Restroom Replacement Project (Project No. 23F11)
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 Tait and Associates, Inc. of Santa Ana,
California, for the 15t" Street Restroom Replacement Project for a not -to -exceed amount of
$188,760, and authorize the Mayor and City Clerk to execute the Agreement.
10. Concession Agreement for TheJettyCDM, LLC for Operation of a Restaurant and
Concession at Corona del Mar State Beach
a) Determine this project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15301 and 15303 under Class 1 (Existing Facilities) and
Class 3 (New Construction or Conversion of Small Structures), respectively, of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment. The exceptions to the Class 3
categorical exemption under Section 15300.2 are not applicable;
City Council Meeting
October 11, 2022
Page 4
b) Authorize the City Manager and City Clerk to execute a five-year Concession Agreement
between TheJettyCDM, LLC and the City of Newport Beach for use and operation of a
concession and restaurant at the City -managed Corona del Mar State Beach park located at
3029 Ocean Boulevard, in a form substantially similar to the agreement prepared by the City
Attorney; and
c) Approve Budget Amendment No. 23-025 to record a budget increase of $3,000 as revenue
to the General Fund.
11. Approval of Amendment to HVAC Services Agreement with Western Allied Corporation
(Contract No. 7960-1)
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; and
b) Approve Amendment No. One to the HVAC Services Agreement with Western Allied
Corporation for a not -to -exceed amount of $240,000, with the Agreement ending on
February 7, 2024.
12. Susan G. Komen More than Pink Walk Special Event Grant Assignment
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 assignment of the Special Event Grant for the Susan G. Komen More than Pink
Walk to The Susan G. Komen Breast Cancer Foundation, Inc.; and
c) Authorize the Recreation & Senior Services Director to sign the Grant Agreement for the
Susan G. Komen Breast Cancer Foundation, Inc.
MISCELLANEOUS
13. Planning Commission Agenda for the October 6, 2022 Special Meeting
Receive and file.
14. Budget Amendment to Appropriate a Donation from the Dorothy Arens Ressel Trust to
the Library's Fiscal Year 2022-23 Library Materials 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) Approve Budget Amendment No. 23-023 to increase revenue in account number 01060005-
561005 by $19,281.50 and increase expenditures by the same amount in account number
01060005-841052.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
XIV. 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
October 11, 2022
Page 5
XV. CURRENT BUSINESS
15. Resolution No. 2022-72: Amending and Re -Titling City Council Policy B-9 to Provide
Guidelines for City Dedication Plaques
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. 2022-72, A Resolution of the City Council of the City of Newport Beach,
California, Amending and Re -Titling City Council Policy B-9 (Naming of City Parks &
Facilities).
XVI. 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.
XVII. 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.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE