HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
FEBRUARY 13, 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(o)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
FEBRUARY 13, 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.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation Recognizing Nikki Presley Miliband
SS3. Proclamation Recognizing John and Anne Wortmann
SS4. Recognition of Newport -Mesa Unified School District High School Students
SS5. Housing Element Implementation Program Amendments
In September 2022, the City Council adopted the General Plan 6th Cycle Housing Element for
2021-2029, which was then certified by the State Department of Housing and Community
Development (HCD) as being statutorily compliant. The Housing Element sets a housing strategy
for Newport Beach to meet its Regional Housing Needs Assessment (RHNA) allocation of
4,845 new housing units by 2029. As required by the State, implementation of this plan mandates
updates to the General Plan Land Use Element and rezoning to enable redevelopment of
identified housing sites, with a February 2025 deadline for implementation. The City is in the
process of releasing a draft environmental impact report (EIR). Revised drafts of the Land Use
Element, Housing Opportunity Overlay Zoning Districts, and Objective Design Standards have
been made available for community review. These revisions, influenced by public feedback, aim
to ensure a balanced approach to urban development, fulfilling State housing requirements while
preserving Newport Beach's unique character and retaining local control. An overview of these
documents and the overall project timeline will be presented to the City Council for further input.
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. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 883 W. 15th Street, Newport Beach, CA 92660 —APN: 424-011-37.
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding Whitlinger,
Real Property Administrator.
Negotiating Parties: David Bahnsen for Pacifica Christian High School — Orange County.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
City Council Meeting
February 13, 2024
Page 2
V. RECESS
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION — Reverend Matthew Hambrick, First United Methodist Church of Costa Mesa
X. PLEDGE OF ALLEGIANCE
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 an ordinance that bans the sale and distribution of kratom in the City
of Newport Beach [Kleiman]
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 12). 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
READING OF MINUTES AND ORDINANCES
1. Minutes for the January 23, 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.
City Council Meeting
February 13, 2024
Page 3
ORDINANCES FOR ADOPTION
3. Ordinance Nos. 2024-2 and 2024-3: Approving the Baldwin & Sons Medical Office at
20 Corporate Plaza (PA2022-0158)
a) Find adoption of the ordinances is exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 (New Construction or
Conversions of Small Structures) of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3, because the Class 3 exemption includes the conversion of
existing small structures from one use to another where only minor modifications are made
in the exterior of the structure. The exemption also includes additions of up to 10,000 square
feet to an office within an urbanized area on sites zoned for such use if not using a significant
amount of hazardous substances, all necessary public services are available, and the
surrounding area is not environmentally sensitive;
b) Conduct second reading and adopt Ordinance No. 2024-2, An Ordinance of the City Council
of the City of Newport Beach, California, Approving an Amendment to the Corporate Plaza
Planned Community Development Plan (PC-17) fora Medical Office Located at 20 Corporate
Plaza (PA2022-0158); and
c) Conduct second reading and adopt Ordinance No. 2024-3, An Ordinance of the City Council
of the City of Newport Beach, California, Approving a Development Agreement for a Medical
Office Located at 20 Corporate Plaza (PA2022-0158).
RESOLUTION FOR ADOPTION
4. Resolution No. 2024-8: Resolution of Intention to Disestablish the Newport Beach Tourism
Business Improvement District and Fixing the Time and Place of a Public Hearing
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. 2024-8, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Disestablish the Newport Beach Tourism Business
Improvement District and Fixing the Time and Place of a Public Hearing.
CONTRACTS AND AGREEMENTS
5. Slurry Seal Program (FY 2022-23 and FY 2023-24) — Award of Contract No. 9380-1 (24R04)
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. 9380-1 to Roy Allan Slurry Seal, Inc. for the total bid price of $2,529,419
for the Slurry Seal Program (FY 2022-23 and FY 2023-24), and authorize the Mayor and City
Clerk to execute the contract;
d) Establish a contingency of $253,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
6. Approval of Amendment No. Four to Professional Services Agreement with NV5, Inc. for
Construction Support Services for Assessment District 124 (Central Balboa Island)
a) Acknowledge the project is exempt from the California Environmental Quality Act (CEQA)
pursuant to Class 2 Section 15302 (d) (conversion of overhead electrical utility distribution
lines where the surface is restored to the condition existing prior to the undergrounding) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it will not
have an adverse effect on the environment; and
City Council Meeting
February 13, 2024
Page 4
b) Approve Amendment No. Four to the Professional Services Agreement with NV5, Inc., for
construction support services for Assessment District 124 Phase 1 for an additional
not -to -exceed amount of $272,190 for a total not -to -exceed amount of $567,847, and
authorize the Mayor and City Clerk to execute the amendment.
7. Approval of an On -Call Maintenance and Repair Services Agreement with Cal Building
Systems, Inc. for Fire Systems Maintenance, Repair, and Inspection 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 On -Call Maintenance and Repair Services agreement with Cal Building Systems,
Inc for fire systems maintenance, repair, and inspections for a five-year term and a total
not -to -exceed amount of $335,000, and authorize the Mayor and City Clerk to execute the
agreement.
8. Approval of Professional Services Agreement with Moffat & Nichol for Newport Harbor
Seawall Replacement / Rehabilitation Design
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 Moffatt & Nichol for design services of the
Newport Harbor Seawall Replacement / Rehabilitation Project for a total not -to -exceed
amount of $448,803, and authorize the Mayor and City Clerk to execute the Agreement.
9. OASIS Senior Center Site Lighting Project — Award of Contract No. 9009-2 (23F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(a), Class 1 (Interior or exterior alterations involving such things as interior
partitions, plumbing, and electrical conveyances) 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) Relieve Innovative Engineering Systems, dba Agilitech of its bid due to a clerical error;
d) Award Contract No. 9009-2 to SacTown Contractors Corporation for the total bid price of
$365,795 for the OASIS Senior Center Site Lighting project, and authorize the Mayor and
City Clerk to execute the contract; and
e) Establish a contingency of $54,205 (approximately 15% of total bid) to cover the cost of
unforeseen work not included in the original contract.
10. Recreation and Senior Services Management Software System for Class Registration,
Membership, Point of Sale, and Facility Reservation 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 and authorize Mayor and City Clerk to execute agreement for a five-year term for
Software for Class Registration, Membership, Point of Sale, and Facility Reservation
Services to ActiveNet in the amount of $320,000; and
c) Approve Budget Amendment No. 24-049 to appropriate $64,000 in increased expenditure
appropriations for the annual subscription fee and $120,000 in increased revenue projections
from lower transaction fees.
11. Modifications to 2015 Pierce Aerial Ladder Truck with Pump
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
February 13, 2024
Page 5
b) Approve a sole source Purchase Order with Pierce Manufacturing, Inc. for the vehicle
modifications of Truck 63 for a total cost of $378,205.41, and authorize the City's Finance
Director to issue the Purchase Order; and
c) Approve Budget Amendment No. 24-050 appropriating $378,205.41 in increased
expenditures in Account 7529032-911020 from the General Fund balance.
12. Professional Services Agreement with PATH for Homeless Outreach 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 PATH for Homeless Outreach Services
and authorize the Mayor and City Clerk to execute the agreement.
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 minutes. Before
speaking, please state your name for the record.
XVIII. PUBLIC HEARINGS
13. Ordinance No. 2024-4: Termination of Development Agreement No. 2008-005 for Sober
Living by the Sea, Inc. dba Sierra by the Sea, Inc. Zoning and Public Benefit Agreement
(PA2008-199)
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Existing Facilities of the CEQA Guidelines. This activity is also covered
by the general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines). It can
be seen with certainty that there is no possibility that this activity will have a significant effect
on the environment, and it is not subject to CEQA; and
c) Waive full reading, direct the City Clark to read by title only, introduce Ordinance
No. 2024-4, An Ordinance of the City Council of the City of Newport Beach, California,
Approving the Termination of Development Agreement No. 2008-005 (Zoning
Implementation and Public Benefit Agreement Between the City of Newport Beach and
Sober Living by the Sea, Inc.) (PA2008-199), and pass to second reading on February 27,
2024.
14. Resolution No. 2024-9: Intent to Override Orange County Airport Land Use Commission's
Determination of Inconsistency for the Residences at 1400 Bristol Street (PA2022-0296)
a) Conduct a public hearing;
b) Find that the proposed overriding action 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 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has
no potential for resulting in physical change to the environment, directly or indirectly; and
c) Adopt Resolution No. 2024-9, A Resolution of the City Council of the City of Newport Beach,
California, Notifying the Orange County Airport Land Use Commission and State Department
of Transportation, Aeronautics Program of the City's Intention to Find that the Residences at
1400 Bristol Project is Consistent with the Purpose of the State Aeronautics Act and Overrule
the Orange County Airport Land Use Commission's Determination that the Project is
Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022-0296).
City Council Meeting
February 13, 2024
Page 6
15. Resolution No. 2024-10: Intent to Override Orange County Airport Land Use
Commission's Finding of Inconsistency for the Residences of 1401 Quail Street (PA2023-
0040)
a) Conduct a public hearing;
b) Find that the proposed overriding action 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 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines because it has
no potential for resulting in physical change to the environment, directly or indirectly; and
c) Adopt Resolution No. 2024-10, A Resolution of the City Council of the City of Newport Beach,
California, Notifying the Orange County Airport Land Use Commission and State Department
of Transportation, Aeronautics Program of the City's Intention to Find that the Residences at
1401 Quail Project is Consistent with the Purpose of the State Aeronautics Act and Overrule
the Orange County Airport Land Use Commission's Determination that the Project is
Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2023-0040).
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 — In memory of Helen "Jerri" Dwan
Testimony given before the City Council is recorded.
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