Newport Beach — 2024-03-26

CLOSED SESSION - 4:00 P.M.\nREGULAR MEETING - 5:00 P.M.\nWILL O'NEILL, Mayor\nJOE STAPLETON, Mayor Pro Tem\nBRAD AVERY, Councilmember\nNOAH BLOM, Councilmember\nROBYN GRANT, Councilmember\nLAUREN KLEIMAN, Councilmember\nERIK WEIGAND, Councilmember\nGRACE K. LEUNG, City Manager\nAARON C. HARP, City Attorney\nLEILANI I. BROWN, City Clerk\nNOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT\nAny presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the City Clerk 24\nhours prior to the scheduled City Council meeting.\nLEVINE ACT\nUnder the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a\ncontract (other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other\nentitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than\n$250 made within the preceding 12 months by the party or the party’s agent to any elected or appointed officer of the\nCity. If you have made a qualifying contribution, please ensure to make this disclosure on the record.\nPUBLIC HEARINGS\nIf in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be\nconducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public\nhearing or in written correspondence received by the City at or before the hearing.\nNOTICE TO THE PUBLIC\nAny times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the\ntime given.\nThis agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located\nat 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect\nto the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or\nother documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005.\nAgendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas.\nThe City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an\nattendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will\nattempt to accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the\nmeeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or\ncityclerk@newportbeachca.gov).\nMarch 26, 2024\nI. ROLL CALL - 4:00 p.m.\nII. PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS\nThe City Council of Newport Beach welcomes and encourages community participation.\nPublic comments are invited on items listed on the agenda and non-agenda items.\nSpeakers must limit comments to three minutes per person to allow everyone to speak.\nWritten comments are encouraged as well. The City Council has the discretion to\nextend or shorten the time limit on agenda or non-agenda items.

1. Minutes for the March 12, 2024 City Council Meeting\nWaive reading of subject minutes, approve as written, and order filed.\nMinutes

2. Reading of Ordinances\nWaive reading in full of all ordinances under consideration, and direct the City Clerk\nto read by title only.\nMarch 26, 2024\nORDINANCE FOR ADOPTION

3. Ordinance No. 2024-6: Amending Chapter 10.08 of the Newport Beach\nMunicipal Code Regarding the Use of Public Property for Commercial\nPurposes (PA2024-0015)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because\nthis action will not result in a physical change to the environment, directly or indirectly;\nand\nb) Conduct second reading and adopt Ordinance No. 2024-6, An Ordinance of the\nCity Council of the City of Newport Beach, California, Amending Section 10.08.030\n(Use of Public Property for Commercial Purposes) of the Newport Beach\nMunicipal Code (PA2024-0015).\nStaff Report\nAttachment A - Ordinance No. 2024-6\nCONTRACTS AND AGREEMENTS

4. Underground Utility Assessment District No. 111, Underground Utilities\nDistrict No. 22 Phase 2 & 3, & Utility Undergrounding for McFadden Alleys\nand Court Street - Notice of Completion for Contract No. 7833-1 (21A11)\na) Accept the completed work and authorize the City Clerk to file a Notice of\nCompletion for the project;\nb) Authorize the City Clerk to release the Labor and Materials Bond 65 days after\nthe Notice of Completion has been recorded in accordance with applicable portions\nof Civil Code;\nc) Release Faithful Performance Bond one year after acceptance by the City\nCouncil;\nd) Authorize staff to proceed with the final Verizon additional work and increase\nproject contingency from $3,500,000 to $3,595,003 (approximately 51.6 percent of\nthe contract award) to cover the additional cost of the requested additional work; and\ne) Approve Budget Amendment No. 24-058 recognizing $31,872.75 in contribution\nrevenue from Crown Castle to Account No. 13501-561007-21A11 and $159,250.85\nin increased expenditures in Account No. 13501-980000-21A11 (UUD22-1 CIP\nExpenditures for GL) from multiple utility companies.\nStaff Report\nAttachment A - Location Map\nAttachment B - Budget Amendment\nMarch 26, 2024

5. 38th Street and Lake Avenue Landscape Improvement Project - Reject All\nBids for Contract No. 9008-1 (23L01)\na) Find this project exempt from the California Environmental Quality Act (CEQA)\npursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA guidelines, because\nthis action will not result in a physical change to the environment, directly or indirectly;\nb) Reject all bids received for Contract No. 9008-1; and\nc) Direct staff to re-advertise the 38th Street and Lake Avenue Landscape\nImprovement Project for construction using a wider bidding pool.\nStaff Report\nAttachment A - Location Map

6. Approval of Amendment No. Six to Professional Services Agreement with\nChambers Group, Inc. for Superior Avenue Pedestrian/Bicycle Bridge and\nParking Lot Environmental Services - Contract No. 8020-4 (15T09)\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Approve Amendment No. Six to the Professional Services Agreement with\nChambers Group, Inc. for environmental services for the Superior Avenue Pedestrian\nand Bicycle Bridge and Parking Lot to extend the term of the agreement an\nadditional four years to April 30, 2028, and authorize the Mayor and City Clerk to\nexecute the amendment.\nStaff Report\nAttachment A - Location Map\nAttachment B - Amendment No. Six\nMarch 26, 2024\nMISCELLANEOUS

7. Budget Amendment No. 24-059: Allocate Additional Funds for the\nComprehensive General Plan Update (CIP Project No. 20M11)\na) Determine this action is exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines\nbecause this action will not result in a physical change to the environment, directly or\nindirectly; and\nb) Approve Budget Amendment No. 24-059, transferring $750,000 from the\nunappropriated General Fund balance to the General Fund CIP and appropriating it\ninto Account No. 01201928-980000-20M11 for the General Plan Update (Project\nNo. 20M11).\nStaff Report\nAttachment A - Budget Amendment

8. 2023 Annual General Plan and Housing Element Progress Report\n(PA2007-195)\na) Find the preparation, review and submission of the 2023 General Plan Progress\nReport not subject to the California Environmental Quality Act (CEQA) as the actions\nare not a project as defined by Section 15378(b)(2) of the Public Resources Code;\nb) Review the 2023 General Plan Progress Report, including the Housing Element\nAnnual Progress Report; and\nc) Authorize the submittal of the 2023 General Plan Progress Report to the\nCalifornia Office of Planning and Research and the submittal of the Housing Element\nAnnual Progress Report to the State Department of Housing and Community\nDevelopment.\nStaff Report\nAttachment A - General Plan Annual Progress Report 2023\nACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR\nTHOSE ITEMS REMOVED