The URL can be used to link to this page

Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA APRIL 9, 2024 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) REGULAR MEETING — 5:15 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(a)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 APRIL 9, 2024 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) REGULAR MEETING — 5:15 P.M. ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Proclamation Recognizing National Library Week SS3. Presentation of Insurance Services Office (ISO) Class I Public Protection Classification to the City of Newport Beach SS4. Presentation to the Carnegie Medal Recipient SS5. Discussion Regarding the Balboa Yacht Basin Staff will provide an update on the results of the request for proposals for the redevelopment of the Balboa Yacht Basin buildings. 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. RECESS V. RECONVENE AT 5:15 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. INVOCATION 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 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 City Council Meeting April 9, 2024 Page 2 XI. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 10). 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. XII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 26, 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. 2024-7: Terminating One Non -Exclusive Franchise Agreement for Commercial Solid Waste 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. 2024-7, An Ordinance of the City Council of the City of Newport Beach, California, Terminating One Non -Exclusive Franchise Agreement for Commercial Solid Waste. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2024-20: Accept State of California, Department of Parks and Recreation, Division of Boating and Waterways Grant for the Marina Park Boating 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 No. 2024-20, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Grant Agreement C8968327 Between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beach for Reimbursement of the Cost for Replacement Items, Adaptive Sailing Equipment, Scholarships for the Marina Park Boating Program, and Instructor Training; c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the reimbursement of the cost for the adaptive sailing equipment and replacement items for the Marina Park Boating Program; and City Council Meeting April 9, 2024 Page 3 d) Approve Budget Amendment No. 24-066 to record and appropriate in grant revenue from the State of California Division of Boating and Waterways to Marina Park - Marina Park Sailing account 0107023-561086 and in expenditure appropriations to Marina Park - Equipment NOC account 0107023-911024. 5. Resolution No. 2024-21: Amending City Council Policy F-1 (Statement of Investment Policy) 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. 2024-21, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F-1 (Statement of Investment Policy) Deleting Language Regarding Investment in the Los Angeles County Investment Pool, and Deleting Redundant Language Regarding Adoption Date. CONTRACTS AND AGREEMENTS 6. 2021-2022 Tide Gate Improvement Project — Notice of Completion for Contract No. 7999-1 (191303) 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. 7. Amendment No. 1 to Professional Services Agreement with Aquatrax LLC for Web -based Customer Water Use Software 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 Professional Services Agreement with Aquatrax, LLC for web -based customer water use software, extending the contract term to April 30, 2027, and increasing the total agreement compensation by $250,000, and authorize Mayor and City Clerk to execute the Agreement. 8. Approval of Amendment No. One to Maintenance/Repair Services Agreement for Weed Abatement Services with Natures Image, Inc. (Contract No. 8537-1) 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 Maintenance/Repair Services Agreement with Natures Image for weed abatement services with a three-year extension and an additional not -to -exceed amount of $560,000 for a total not -to -exceed amount of $2,534,933.24, and authorize the Mayor and City Clerk to execute the amendment. 9. Continuance of Franchise Termination Proceeding for Key Disposal & Recycling, Inc. to the May 14, 2024 City Council Meeting 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) Continue the franchise termination proceeding for Key Disposal & Recycling, Inc. to the May 14, 2024 City Council meeting. City Council Meeting April 9, 2024 Page 4 MISCELLANEOUS 10. 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. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR E/17L1111 N[@Kde]►TiILTA l=101k&K67Z101[sP►IFT&I:1iUIT'lk1=1►hK 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. XV. PUBLIC HEARINGS 11. Ordinance Nos. 2024-8 and 2024-9 and Resolution Nos. 2024-22 and 2024-23: Approving the Residences at 1400 Bristol Street Project; and Resolution No. 2024-24: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency (PA2022- 0296) a) Conduct a public hearing; b) Adopt Resolution No. 2024-22, A Resolution of the City Council of the City of Newport Beach, California, Adopting Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296); c) Adopt Resolution No. 2024-23, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment, Site Development Review, Affordable Housing Implementation Plan and Traffic Study for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296); d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024- 8, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Planned Community Development Plan Amendment for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296), and pass to second reading on April 23, 2024; e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024- 9, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296), and pass to second reading on April 23, 2024; and f) Adopt Resolution No. 2024-24, A Resolution of the City Council of the City of Newport Beach, California, Finding the Residences at 1400 Bristol Project is Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Airport Land Use Commission's Determination that the Residences at 1400 Bristol is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022-0296). City Council Meeting April 9, 2024 Page 5 12. Ordinance Nos. 2024-10 and 2024-11 and Resolution Nos. 2024-25 and 2024-26: Approving the Residences at 1401 Quail Street Project; and Resolution No. 2024-27: Overriding Orange County Airport Land Use Commission's Determination of Inconsistency (PA2023- 0040) a) Conduct a public hearing; b) Adopt Resolution No. 2024-25, A Resolution of the City Council of the City of Newport Beach, California, Adopting Addendum No. 8 to the 2006 General Plan Update Program Environmental Impact Report and 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration for the Residences at 1401 Quail Street Project Located at 1401 Quail Street (PA2023-0040); c) Adopt Resolution No. 2024-26, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment, Site Development Review, Vesting Tentative Tract Map, and Affordable Housing Implementation Plan for the Residences at 1401 Quail Street Project Located at 1401 Quail Street (PA2023-0040); d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024- 10, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Planned Community Development Plan Amendment for the Residences at 1401 Quail Street Located at 1401 Quail Street (PA2023-0040), and pass to second reading on April 23, 2024; e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024- 11, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Residences at 1401 Quail Street Project Located at 1401 Quail Street (PA2023-0040), and pass to second reading on April 23, 2024; and f) Adopt Resolution No. 2024-27, A Resolution of the City Council of the City of Newport Beach, California, Finding the Residences at 1401 Quail Project is Consistent with the Purposes of the State Aeronautics Act and Overriding 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). XVI. CURRENT BUSINESS 13. Sculpture Exhibition in Civic Center Park — Phase IX 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 10 sculptures and their placement and two alternate sculptures within Civic Center Park as selected by the public and recommended by the City Arts Commission for the temporary sculpture exhibit. XVII. 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. I 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