HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
FEBRUARY 27, 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 — 5:00 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 27, 2024
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. Proclamation Recognizing Shirley Pepys
SS3. Review of the City's Membership in the League of California Cities (Cal Cities)
At the request of Mayor O'Neill, and voted by the City Council via a straw poll 7-0, there will
be a discussion of the concerns and benefits of membership with the League of California
Cities (Cal Cities). An association of California cities with 476 members, Cal Cities' primary
activities include advocacy and education. The City of Newport Beach has been a member
for many years. Annual dues are based on population and are currently $24,800 for the City.
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 EMPLOYMENT
(Government Code § 54957(b)): 2 matters
Title: Grace Leung, City Manager
Title: Aaron Harp, City Attorney
V. RECESS
VI. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION — Dr. Ahmed Soboh, Religious Director, Islamic Shura Council of Southern
California
X. PLEDGE OF ALLEGIANCE
City Council Meeting
February 27, 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. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider forming a City Council ad hoc committee to negotiate the terms of the
Visit Newport Beach contract for destination marketing services [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— 14). 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
Minutes for the February 3, 2024 Planning Session and February 13, 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. 2024-5: Adding Chapter 10.75 (Prohibition of the Sale and Distribution of
Kratom) to the Newport Beach Municipal Code
a) Find 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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-
5, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter
10.75 (Prohibition of the Sale and Distribution of Kratom) to Title 10 (Offenses and
Nuisances) of the Newport Beach Municipal Code, and pass to second reading on March 12,
2024.
City Council Meeting
February 27, 2024
Page 3
ORDINANCE FOR ADOPTION
4. 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
a) 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
b) Conduct second reading and adopt 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).
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2024-11: Approving a Side Letter Agreement with the Newport Beach
Police Association
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. 2024-11, A Resolution of the City Council of the City of Newport Beach,
California, Approving a Side Letter Agreement with the Newport Beach Police Association.
6. Resolution No. 2024-12: Establishing the Lower Castaways Park Ad Hoc Committee
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. 2024-12, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Lower Castaways Park Ad Hoc Committee.
CONTRACTS AND AGREEMENTS
7. Award of Maintenance and Repair Services Agreement with Southland Industries for
the Civic Center Chiller
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 Maintenance and Repair Services Agreement with Southland Industries for the
Civic Center Chiller system for a three-year term and for a not -to -exceed amount of
$300,000, and authorize the Mayor and City Clerk to execute the agreement.
8. Approval of Professional Services Agreement with Anchor QEA, LLC for Balboa Yacht
Basin Marina Design 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; and
b) Approve a Professional Services Agreement with Anchor QEA, LLC for design services for
the Balboa Yacht Basin marina replacement project for a total not -to -exceed amount of
$787,159, and authorize the Mayor and City Clerk to execute the Agreement.
City Council Meeting
February 27, 2024
Page 4
9. Approval of Amendment No. Two of On -Call Fleet Vehicle Maintenance and Repair
Services Agreement with SVT Fleet (Contract No. 9357-1)
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. Two of the On -Call Fleet Vehicle Maintenance and Repair Services
Agreement with SVT Fleet for as -needed fleet maintenance and repair services with a
two-year extension and an additional not -to -exceed amount of $180,000 for a total
not -to -exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the
agreement.
10. Amendment to On -Call Service Agreement for Temporary Pumping Equipment
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 Amendment No. Three to the On -Call Maintenance/Repair Services Agreement with
Charles King Company, for Temporary Pumping Equipment, which increases the total
agreement compensation by $220,000, and authorize Mayor and City Clerk to execute the
Agreement; and
c) Approve Budget Amendment No. 24-052 appropriating $120,000 in increased expenditures
in the Storm Drain Maintenance and Repair Program Account 0109062-851037 from the
unappropriated General Fund.
11. Approval of Equipment Replacement Purchase Orders for One John Deere 410P Backhoe
Loader and Five Power Generators
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 Purchase Order for one John Deere backhoe loader from Coastline Equipment of
Long Beach for a total amount of $173,293.98;
c) Approve a Purchase Order for three power generators Model No. DCA 70SSIUF from
Multiquip Inc. of Cypress for a total amount of $185,496.99;
d) Approve a Purchase Order for two power generators Model No. DCA 125SSIUF from
Multiquip Inc. of Cypress for a total amount of $162,826; and
e) Authorize a contingency of $25,500 (approximately 5% of the total quotes) to cover the cost
of unforeseen changes to the current quotes.
12. Cultural Arts Grants Fiscal Year 2023-24
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 2023-24 Cultural Arts Grants as selected
by the City Arts Commission in accordance with City Council Policy 1-10, Financial Support
for Culture and Arts.
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13. Planning Commission Agenda for the February 22, 2024 Meeting
Receive and file.
14. Fiscal Year 2023-24 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;
City Council Meeting
February 27, 2024
Page 5
b) Authorize the City Manager, or designee, to appropriate American Rescue Plan Act funds
and to transfer related savings to the Facilities Financing Plan Fund consistent with the
spending plan outlined within the staff 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 minutes. Before
speaking, please state your name for the record.
XVIII. 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.
XIX. 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.
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