HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
FEBRUARY 28, 2023
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 — 5:00 P.M.
NOAH BLOM, Mayor
WILL O'NEILL, Mayor Pro Tern
BRAD AVERY, Council Member
ROBYN GRANT, Council Member
LAUREN KLEIMAN, Council Member
JOE STAPLETON, Council Member
ERIK WEIGAND, 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.
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
FEBRUARY 28, 2023
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 5:00 P.M.
ROLL CALL — 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Update on the Western Snowy Plover Management Plan (PA2018-074)
City staff will provide an update regarding the status and content of the Coastal Development
Permit (CDP) application for a Western Snowy Plover Management Plan for East Balboa
Peninsula Beaches.
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 — After Study Session — Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
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 845 square feet)
City Negotiators: Seimone Jurjis, Community Development Director 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 5:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION — Reverend Matthew Hambrick, First United Methodist Church Costa Mesa
X. PLEDGE OF ALLEGIANCE
City Council Meeting
February 28, 2023
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 (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
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
Consider re-forming the City Council Homeless Ad Hoc Committee to evaluate the
contracted services under the City's homeless outreach program [Blom]
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members 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 (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.
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.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the February 14, 2023 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. 2023-3: A Code Amendment to Change the Zoning Designation of
3014 Balboa Boulevard from Commercial to Residential (PA2020-060)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and
Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment and that the exceptions to
the Class 3 exemption do not apply; and
b) Conduct second reading and adopt Ordinance No. 2023-3, An Ordinance of the City Council
of the City of Newport Beach, California, Approving an Amendment to Title 20 of the Newport
Beach Municipal Code to Change the Zoning District from Commercial Neighborhood (CN)
to Two -Unit Residential (R-2) and Amend Setback Map S-2B to Remove a Front Setback for
the Property Located at 3014 Balboa Boulevard (PA2020-060).
City Council Meeting
February 28, 2023
Page 3
CONTRACTS AND AGREEMENTS
4. Alley Reconstruction (AD-116, 116B & F Street Areas) (Project No. 22R07) — Notice of
Completion for Contract No. 7976-1
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.
5. Water Well Rehabilitation — Tamura Shallow Well (Project No. 22W05) — Notice of
Completion for Contract No. 8727-2 and Approval of Amendment No. One to Professional
Services Agreement with Richard C. Slade & Associates LLC (Contract No. 8727-1)
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;
c) Release the Faithful Performance Bond one year after acceptance by the City Council; and
d) Approve Amendment No. One to Professional Services Agreement with Richard C.
Slade & Associates LLC for hydrogeologic design and construction support services and
increase the total not -to -exceed amount by $88,744 for a total not -to -exceed amount of
$162,944, and authorize the Mayor and City Clerk to execute the Agreement.
6. Approval of Professional Services Agreement with Ardurra Group, Inc. for the Superior
Avenue and Hospital Road Pavement Rehabilitation Project (Project No. 23R14) (Contract
No. 8894-1)
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 a Professional Services Agreement with Ardurra of Newport Beach for the Superior
Avenue and Hospital Road Pavement Rehabilitation project for a not -to -exceed amount of
$130,000, and authorize the Mayor and City Clerk to execute the Agreement.
7. Approval of Amendment No. Two to the Professional Services Agreement with Burns &
McDonnell Engineering Company, Inc. for San Diego Creek Trash Wheel Project (Project
No. 17X12) (Contract No. 7127-3)
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. 23-51 appropriating $81,019 in increased expenditures in
Account No. 10001-980000-17X12 (Newport Bay Water Wheel) from the unappropriated
Tidelands Maintenance fund balance; and
c) Approve Amendment No. Two to the Professional Services Agreement with Burns &
McDonnell Engineering Company, Inc. for additional design services, increase the total
not -to -exceed amount by $81,019 for a total not -to -exceed amount of $631,709, extend the
term to December 31, 2024, and authorize the Mayor and City Clerk to execute the
Agreement.
8. Approval of a Cost -Sharing Agreement with the State of California for Participation in the
Surfside-Sunset Stage 13 Periodic Nourishment of the Orange County Beach Erosion
Control Project
a) Acknowledge that the Army Corps of Engineers, acting as the lead agency, will process the
necessary environmental documentation for this project. The Army Corps will prepare an
Environmental Assessment in accordance with NEPA (National Environmental Policy Act).
The document will be circulated for public review once completed. It is anticipated that the
project will have a Finding of No Significant Impacts (FONSI) as was determined in the
2008 Stage 12 Project; and
City Council Meeting
February 28, 2023
Page 4
b) Authorize the Mayor to execute a cost -sharing agreement with State of California for a sand
replenishment project in the Huntington Beach Littoral Cell that covers the stretch of shoreline
between San Gabriel River and Newport Bay Harbor Entrance.
9. Reimbursement Agreement to Dhany and Denise Nathie Family Trust for the Cameo
Highlands Secondary Water Supply Improvements
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 Budget Amendment No. 23-52 appropriating $200,000 in increased expenditures in
Account No. 70201932-980000-23W05 and transferring funds from the Water Enterprise
Fund unappropriated fund balance to the Water Capital Fund for the Cameo Highlands
Secondary Water Supply Improvements;
c) Approve the Reimbursement Agreement with Dhany and Denise Nathie Family Trust (Nathie
Trust) to reimburse the trust for a portion of the cost association with the relocation and
improvements of the secondary water supply to Cameo Highlands in Corona del Mar for a
not -to -exceed amount of $200,000.00; and
d) Approve plans and specifications.
10. Award of Professional Services Contract to Benefit Financial Services Group for Section
457(b), and 401(a) Deferred Compensation Plan, and Retiree Health Savings Plan
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;
b) Approve a five-year Professional Services Agreement with Benefit Financial Services Group
for consulting services for the five-year period ending March 31, 2028, and a total
not -to -exceed amount of $225,000; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
MISCELLANEOUS
11. Planning Commission Agenda for the February 23, 2023 Meeting
Receive and file.
12. Cultural Arts Grants Fiscal Year 2022-23
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 recommended recipients for Fiscal Year 2022-23 Cultural Arts Grants as selected
by the City Arts Commission in accordance with City Council Policy 1-10, Financial Support
for Culture and Arts.
13. 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.
14. Financial Statement Audit Results and Related Communication for the Fiscal Year Ended
June 30, 2022
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.
City Council Meeting
February 28, 2023
Page 5
15. Fiscal Year 2022-23 Second Quarter Financial 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;
b) Approve Budget Amendment No. 23-050, adjusting revenue estimates and expenditure
appropriations for the Fiscal Year 2022-23 budget as outlined in the report; and
c) Receive and file the report of budget amendments for the second quarter.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
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 (3) minutes. Before
speaking, please state your name for the record.
XVIII. CURRENT BUSINESS
16. Resolution No. 2023-14: Approving an Updated Legislative Platform
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. 2023-14, A Resolution of the City Council of the City of Newport Beach,
California, Approving a Legislative Platform.
17. Appointments of Planning Commissioners to Fill Unscheduled Vacancies
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; and
b) Appoint Brady Barto, Jonathan Langford, Ekta Naik, David Salene, or Debbie Stevens to fill
the two vacancies on the Planning Commission, and determine who will receive the terms
that expire on June 30, 2024 and June 30, 2025.
18. Appointment of a City Arts Commissioner to Fill an Unscheduled Vacancy
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; and
b) Appoint Shireen Amin, John Blom, Gregory Cox, Walter Howald, Melissa Kandel, Susan
Krueger, Carol Lee, Christopher Roman, Jamie Simons, Adreana Souleles, Laurel Tippett,
or Sorrell Wayne to fill the vacancy on the City Arts Commission for a term ending June 30,
2025.
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 Council Members who voted with the prevailing
side.
XX. ADJOURNMENT
Testimony given before the City Council is recorded.
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