HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
MAY 14, 2024
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 6:00 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
MAY 14, 2024
CLOSED SESSION - 4:00 P.M.
REGULAR MEETING - 6:00 P.M.
I. ROLL CALL — 4:00 p.m.
II. PRESENTATIONS
• Certificate of Recognition to Xiomara A La Torre
• Proclamation Recognizing National Public Works Week
• Proclamation Recognizing the John Wayne Cancer Foundation
• Proclamation Recognizing Court Appointed Special Advocates (CASA) of Orange County
• Proclamation Recognizing the Crime Survivors Resource Center
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 — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — SIGNIFICANT EXPOSURE TO LITIGATION
(Government Code § 54956.9(d)(2) (e)(3)): 1 matter
On Aprill 22, 2024, Elise M. Kern with the law firm of Palmieri, Hennessey & Leifer, LLP,
confirmed that Mr. Chris Benzen is inclined to pursue litigation against the City of Newport Beach
if the City Council increases the rent for moorings, as recommended by the Harbor
Commission. A copy of the e-mail from Ms. Kern is on file with the City Clerk located at 100 Civic
Center Drive, Newport Beach, California 92660, and is available for public inspection pursuant
to Government Code Section 54957.5.
The sole purpose of this Closed Session matter is to discuss the potential litigation and
not to discuss the Harbor Commission recommendation regarding mooring rental rates.
Any change to mooring rental rates will be considered during a future open meeting of
the City Council.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
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
City Council Meeting
May 14, 2024
Page 2
V. RECESS
VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION — Gene Clark, Church of Jesus Christ Latter-day Saints
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. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1 — 9). 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 andlor removed from the Consent Calendar for separate action.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 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.
ORDINANCES FOR ADOPTION
3. Ordinance Nos. 2024-12 and 2024-13: Amending Section 3.36.030 of the Newport Beach
Municipal Code Related to Cost Recovery Percentages and Section 15.02.085 (Addition of
Section 105.3.1.1) of the Newport Beach Municipal Code Related to Demolition Waste
Disposal
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
May 14, 2024
Page 3
b) Conduct second reading and adopt 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
c) Conduct second reading and adopt 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.
RESOLUTION FOR ADOPTION
4. Resolution No. 2024-31: Amending City Council Policies A-1, A-2, D-1 and D-5, to Help the
Public Discern Whether a Communication is an Official or Personal Communication
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. 2024-31, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policies A-1 "City Council,"A-2 "Boards, Commissions &
Committees," D-1 "Media Relations," and D-5 "Digital Communication" to Ensure that the
Public Can Discern When a Communication Made by a City Official, Officer, Employee or
Consultant is Being Made on Behalf of the City or is a Personal Communication.
CONTRACTS AND AGREEMENTS
5. Approval of Professional Services Agreement with David Evans and Associates, Inc. for
MacArthur Boulevard from Jamboree Road to Campus Drive Pavement Rehabilitation —
Contract No. 9431-1 (24R13)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(c) (existing highways and streets, sidewalks, gutters, bicycle and pedestrian
trails, and similar facilities) of the CEQA Guidelines, because this project has no potential to
have a significant effect on the environment; and
b) Approve a Professional Services Agreement with David Evans and Associates, Inc. for the
MacArthur Boulevard, from Jamboree Road to Campus Drive, Pavement Rehabilitation
project for a total not -to -exceed amount of $493,320, and authorize the Mayor and City Clerk
to execute the Agreement.
6. Award of Maintenance and Repair Agreement with Mariposa Landscapes, Inc. for On -Call
Sports and Recreation Field Landscaping (Contract No. 9529-1)
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 a Maintenance and Repair Services Agreement with Mariposa Landscapes, Inc. for
On -Call Sports and Recreation Field Landscaping for a five-year term and a not -to -exceed
amount of $1,250,000, and authorize the Mayor and City Clerk to execute the agreement.
7. Approval of Amendment No. Two to Professional Services Agreement with Stantec
Consulting Services, Inc. for the East Coast Highway and San Miguel Drive Pavement
Rehabilitation and Evening Canyon Road Drainage Improvements Project — Contract
No. 8925-1 (23R11) and Approval of Additional Construction Contingency with
T.E. Roberts, Inc. and All American Asphalt
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 Budget Amendment No. 24-069, transferring $625,391 from the unappropriated
General Fund balance to the General Fund CIP and appropriating it into Account
No. 01201927-980000-23R11 and appropriating $1,750,000 in increased expenditures in
Account No. 70201932-980000-24W14 and transferring funds from the Water Enterprise
Fund unappropriated fund balance to the Water Capital Fund;
City Council Meeting
May 14, 2024
Page 4
c) Approve Amendment No. Two to the Professional Services Agreement with Stantec
Consulting Services, Inc. for the East Coast Highway and San Miguel Drive Pavement
Rehabilitation and Evening Canyon Road Drainage Improvements project for an additional
$75,391 for a total not -to -exceed amount of $426,734, and authorize the Mayor and City
Clerk to execute the agreement;
d) Increase the contract bid item amounts and contingency by $1,750,000 to $2,270,000
(approximately 65% of the contract award) with T.E. Roberts for Contract No. 7173-3 to cover
additional water main replacement on Evening Canyon Road; and
e) Increase the contract bid item amounts and contingency by $550,000 to $1,100,000
(approximately 20% of the contract award) with All American Asphalt for Contract
No. 8925-2 to cover additional pavement rehabilitation efforts on Evening Canyon Road that
will be required as a result of the additional water main replacement work.
8. Approve Amendment No. Three to the Maintenance Services Agreement with Great Scott
Tree Service, Inc. for Citywide Tree Maintenance Services (Contract No. 5648-1A)
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. Three to the Maintenance Services Agreement with Great Scott
Tree Service, Inc. for Citywide Tree Maintenance Services with a three-year extension and
additional not -to -exceed amount of $6,100,000 for a total not -to -exceed amount of
$23,060,000, and authorize the Mayor and City Clerk to sign the amendment.
9. License Agreement with Aqua Superpower (USA), Inc. for Installation and Operation of an
Electric Watercraft Charging Station at Marina Park Located at 1600 West Balboa
Boulevard
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing facilities) and Section 15303 (New construction of small structures)
of the CEQA Guidelines, because this project has no potential to have a significant effect on
the environment;
b) Authorize the City Manager and City Clerk to execute the License Agreement between the
City of Newport Beach and Aqua Superpower (USA), Inc. for use of a portion of the City of
Newport Beach owned property and public dock at Marina Park located at 1600 West Balboa
Boulevard, for installation, operation, and maintenance of electric watercraft charging
equipment, in a form substantially similar to the License Agreement prepared by the City
Attorney; and
c) Approve a waiver of City Council Policy F-7 — Income and Other Property based on the
findings contained in the staff report and the Agreement, that conducting an open bid process
would result in excessive vacancy, and this use of the property provides a unique service to
the community and is of a public benefit, and might not otherwise be provided were an open
bid required.
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.
City Council Meeting
May 14, 2024
Page 5
XVII. CURRENT BUSINESS
10.Ordinance No. 2024-14: Terminating a Non -Exclusive Franchise Agreement for
Commercial Solid Waste
a) Conduct a hearing to consider the termination of the Non -Exclusive Commercial Solid Waste
Franchise Agreement with 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-
14, An Ordinance of the City Council of the City of Newport Beach, California, Terminating a
Non -Exclusive Franchise Agreement for Commercial Solid Waste, and pass to second
reading on May 28, 2024.
11. Balboa Branch Library / Fire Station No. 1 Concept Review and Approval — Project
No. 23F12
a) Review, take in public input, and recommend/approve a conceptual design floor plan and
architectural style for final design of the Balboa Branch Library / Fire Station No. 1 facility;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 (Class 1 — Existing Facilities) and 15303 (Class 3 — New Construction or
Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6,
Chapter 3 and CEQA Guidelines, because this project has no potential to have a significant
effect on the environment; and
c) Direct staff to proceed with preparation of final building and site plans, required permits, and
solicit public bids for its construction.
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 Counci/members who voted with the prevailing
side.
XIX. ADJOURNMENT — In memory of Dick Pickup and Erin Jones
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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