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Home My WebLink About0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA MARCH 26, 2024 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED SESSION — 4:00 P.M. 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. LFVINF 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 MARCH 26, 2024 CLOSED SESSION — 4:00 P.M. REGULAR MEETING — 5:00 P.M. ROLL CALL — 4:00 p.m. II. 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. III. CLOSED SESSION — Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 2 matters 1. 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, Assistant City Manager, and Lauren Wooding-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. 2. Property: 3300 Newport Boulevard, Newport Beach, CA 92663. City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding-Whitlinger, Real Property Administrator. Negotiating Parties: Robert D. Olson. Under Negotiation: Instruction to City Negotiators regarding the lease - price and terms of payment. IV. RECESS V. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT Vill. INVOCATION — Holly Cunningham, First Church of Christ Scientist, Newport Beach City Council Meeting March 26, 2024 Page 2 IX. PLEDGE OF ALLEGIANCE X. PRESENTATIONS • Proclamation Recognizing Speak Up Newport • Proclamation Recognizing Leadership Tomorrow 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. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 — 8). 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. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 12, 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 ADOPTION 3. Ordinance No. 2024-6: Amending Chapter 10.08 of the Newport Beach Municipal Code Regarding the Use of Public Property for Commercial Purposes (PA2024-0015) a) Find this project 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. 2024-6, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 10.08.030 (Use of Public Property for Commercial Purposes) of the Newport Beach Municipal Code (PA2024-0015). City Council Meeting March 26, 2024 Page 3 CONTRACTS AND AGREEMENTS 4. Underground Utility Assessment District No. 111, Underground Utilities District No. 22 Phase 2 & 3, & Utility Undergrounding for McFadden Alleys and Count Street — Notice of Completion for Contract No. 7833-1 (21A11) 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 Faithful Performance Bond one year after acceptance by the City Council; d) Authorize staff to proceed with the final Verizon additional work and increase project contingency from $3,500,000 to $3,595,003 (approximately 51.6 percent of the contract award) to cover the additional cost of the requested additional work; and e) Approve Budget Amendment No. 24-058 recognizing $31,872.75 in contribution revenue from Crown Castle to Account No. 13501-561007-21A11 and $159,250.85 in increased expenditures in Account No. 13501-980000-21A11 (UUD22-1 CIP Expenditures for GL) from multiple utility companies. 5. 38t" Street and Lake Avenue Landscape Improvement Project — Reject All Bids for Contract No. 9008-1 (231-01) a) Find this project 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) Reject all bids received for Contract No. 9008-1; and c) Direct staff to re -advertise the 38th Street and Lake Avenue Landscape Improvement Project for construction using a wider bidding pool. 6. Approval of Amendment No. Six to Professional Services Agreement with Chambers Group, Inc. for Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Environmental Services — Contract No. 8020-4 (15T09) 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. Six to the Professional Services Agreement with Chambers Group, Inc. for environmental services for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot to extend the term of the agreement an additional four years to April 30, 2028, and authorize the Mayor and City Clerk to execute the amendment. MISCELLANEOUS 7. Budget Amendment No. 24-059: Allocate Additional Funds for the Comprehensive General Plan Update (CIP Project No. 20M11) 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. 24-059, transferring $750,000 from the unappropriated General Fund balance to the General Fund CIP and appropriating it into Account No. 01 201928-980000-20M1 1 for the General Plan Update (Project No. 20M11). 8. 2023 Annual General Plan and Housing Element Progress Report (PA2007-195) a) Find the preparation, review and submission of the 2023 General Plan Progress Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; City Council Meeting March 26, 2024 Page 4 b) Review the 2023 General Plan Progress Report, including the Housing Element Annual Progress Report; and c) Authorize the submittal of the 2023 General Plan Progress Report to the California Office of Planning and Research and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. 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. XVII. CURRENT BUSINESS 9. Ordinance No. 2024-7: Terminating Two Non -Exclusive Franchise Agreements for Commercial Solid Waste a) Conduct a hearing to consider the termination of the Non -Exclusive Commercial Solid Waste Franchise Agreement with Haul -Away Rubbish Service Co. and Key Disposal & Recycling, Inc; b) 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 c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024- 7, An Ordinance of the City Council of the City of Newport Beach, California, Terminating Two Non -Exclusive Franchise Agreements for Commercial Solid Waste, and pass to second reading on April 9, 2024. 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. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE