HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
APRIL 23, 2024
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
REGULAR MEETING — 4:00 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
APRIL 23, 2024
REGULAR MEETING — 4:00 P.M.
ROLL CALL — 4:00 p.m.
INVOCATION
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATIONS
• Recognition of Newport -Mesa Unified School District Students
• Proclamation Recognizing The Literacy Project
V. 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.
VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
VII. 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.
Vill. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 9, 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
April 23, 2024
Page 2
ORDINANCES FOR ADOPTION
3. Ordinance No. 2024-8: Approving Newport Place Planned Community Development Plan
Amendment; and Ordinance No. 2024-9: Approving Development Agreement for the
Residences at 1400 Bristol Street (PA2022-0296)
a) Find 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 prepared for the Residences at 1400 Bristol Street Project
(PA2022-0296) in compliance with the California Environmental Quality Act (CEQA), the
State CEQA Guidelines, and City Council Policy K-3, and adopted by the City Council on
April 9, 2024, by Resolution No. 2024-22;
b) Conduct second reading and adopt 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
c) Conduct second reading and adopt 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).
4. Ordinance No. 2024-10: Approving Newport Place Planned Community Development Plan
Amendment; and Ordinance No. 2024-11: Approving Development Agreement for the
Residences at 1401 Quail Street (PA2023-0040)
a) Find 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 prepared for the Residences at 1401 Quail Street Project
(PA2022-0040) in compliance with the California Environmental Quality Act (CEQA), the
State CEQA Guidelines, and City Council Policy K-3, and adopted by the City Council on
April 9, 2024, by Resolution No. 2024-25;
b) Conduct second reading and adopt 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
c) Conduct second reading and adopt 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).
CONTRACTS AND AGREEMENTS
5. West Irvine Terrace and Balboa Island Water Main Replacement (Project Nos. 23W13 &
23W11) — Notice of Completion for Contract No. 7966-1
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.
6. Street Pavement Repair Program (Fiscal Years 2022-23 and 2023-24) (Project No. 24R03)
— Notice of Completion for Contract No. 9379-1
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.
City Council Meeting
April 23, 2024
Page 3
7. Concrete Replacement Program FY 2023-24 (Project No. 24R06) — Notice of Completion
for Contract No. 9378-1
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.
8. Newport Beach Mariners Library, Corona del Mar Lifeguard Substation, and Ben Carlson
Lifeguard Headquarters Heating, Ventilation, and Air Conditioning Replacement Project —
Notice of Completion for Contract No. 8760-1 (22F02)
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.
9. Central Library Elevator Modernization Project — Award of Contract No. 8939-1 (24F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(d), Class 1 (restoration or rehabilitation of deteriorated facilities involving
negligible or no expansion of existing 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. 8939-1 to Armstrong Cal Builders, Inc. for the total bid price of
$1,023,500 for the Central Library Elevator Modernization project, and authorize the Mayor
and City Clerk to execute the contract; and
d) Establish a contingency of $155,000 (approximately 15% of total bid) to cover the cost of
unforeseen work not included in the original contract.
10. Approval of a Maintenance Services Agreement for Storm Drain System Cleaning
Services with Ocean Blue Environmental Services, Inc.
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 the Maintenance/Repair Services Agreement for Citywide storm drain system
cleaning services for a three-year contract term with an option for two additional years, and
a total not -to -exceed amount of $2,585,000 over five years, and authorize the Mayor and
City Clerk to execute the agreement.
MISCELLANEOUS
11. Planning Commission Agenda for the April 18, 2024 Meeting
Receive and file.
12. Grants and Donations Report for the Quarter Ending March 31, 2024
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.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
City Council Meeting
April 23, 2024
Page 4
IX. ITEMS REMOVED FROM THE CONSENT CALENDAR
X. 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.
XI. PUBLIC HEARINGS
13. Resolution No. 2024-28: Appeal of Planning Commission's Approval of the Orange County
Sanitation District's Bay Bridge Pump Station and Force Mains Replacement Project at
250 East Coast Highway (PA2023-0076)
a) Conduct a de novo public hearing;
b) Find this project complies with the California Environmental Quality Act as it is consistent
with the certified Environmental Impact Report (EIR) for Project No. 5-67, also known as the
Bay Bridge Pump Station and Force Mains Replacement Project, as approved by the Orange
County Sanitation District, and the subsequent certified Addendum to the EIR; and
c) Adopt Resolution No. 2024-28, A Resolution of the City Council of the City of Newport Beach,
California, Denying an Appeal and Upholding the Decision of the Planning Commission to
Approve a Major Site Development Review and Coastal Development Permit to Demolish
an Existing Pump Station and Construct a New Pump Station and Associated Force Mains
at the Property Located at 250 East Coast Highway (PA2022-0076).
14. Ordinance Nos. 2024-12 and 2024-13, and Resolution No. 2024-29: Revising Certain Fees
Within the Schedule of Rents, Fines and Fees, Authorizing the Waiver of Vehicle Tow
Fees, Adopting a Credit Card Convenience Fee, and Updating the Methodology for Annual
Consumer Price Index Calculations
a) Conduct a public hearing;
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;
c) Adopt Resolution No. 2024-29, A Resolution of the City of Newport Beach, California,
Revising and Adopting Fees Within the Schedule of Rents, Fine and Fees, Including the
Credit Card Convenience Fee, Waste Disposal Deposits for Constructions Projects,
Authorizing the Waiver of Vehicle Tow Fees, and Updating the Methodology for Annual
Consumer Price Index Calculations;
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-
12, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Section 3.36.030 of the Newport Beach Municipal Code Related to Cost Recovery
Percentages, and pass to second reading on May 14, 2024; and
e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-
13, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Section 15.02.085 (Addition of Section 105.3.1.1) of the Newport Beach Municipal Code
Related to Demolition Waste Disposal, and pass to second reading on May 14, 2024.
15. Resolution No. 2024-30: Community Development Block Grant — 2024-2025 Annual Action
Plan
a) Conduct a public hearing to receive comments on the Annual Action Plan;
b) Find the approval of the 2024-2025 Annual Action Plan exempt from the National
Environmental Policy Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34;
City Council Meeting
April 23, 2024
Page 5
c) Find the approval of the 2024-2025 Annual Action Plan exempt from 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
Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly;
d) Adopt Resolution No. 2024-30, A Resolution of the City Council of the City of Newport Beach,
California, Approving the 2024-2025 Annual Action Plan for Allocation of the Federal
Community Development Block Grant Program Funds for Fiscal Year 2024-2025; and
e) Authorize the City Manager to:
a. Proportionally adjust appropriations to specific programs and projects as necessary to
conform with the final 2024-2025 formula grant allocation of CDBG funds from HUD if
the appropriation is more or less than $399,099;
b. Submit the 2024-2025 Annual Action Plan to HUD;
c. Execute the 2024-2025 CDBG Program Grant Agreement and all related documents on
behalf of the City of Newport Beach;
d. Execute all sub -recipient agreements with the non-profit organizations receiving
allocations of CDBG funds in the 2024-2025 Action Plan; and
e. Authorize the Community Development Director, or his designee, to be the official
representative of the City of Newport Beach, administer the 2024-2025 Annual Action
Plan and submit required environmental documentation to HUD for CDBG projects.
XII. 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.
XIII. 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