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City Council

July 23, 2024 ·6:00 PM Final ·STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING - 6:00 P.M.

Council Chambers

Agenda — 72 items

  1. I. ROLL CALL - 4:00 p.m. ▶ jump to 0:04
  2. II. CURRENT BUSINESS
  3. SS1. Clarification of Items on the Consent Calendar 24-0864 ▶ jump to 0:35
  4. SS2. Recognition of Outgoing Board and Commission Members 24-0865 ▶ jump to 2:33
  5. SS3. Bike Master Plan Update 24-0866 ▶ jump to 7:50
  6. III. PUBLIC COMMENTS ▶ jump to 39:41
  7. IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room ▶ jump to 43:19
  8. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 7 matters 24-0918
  9. V. RECESS ▶ jump to 43:43
  10. 10 PAGE BREAK
  11. VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING ▶ jump to 43:48
  12. VII. ROLL CALL ▶ jump to 44:03
  13. VIII. CLOSED SESSION REPORT ▶ jump to 44:07
  14. IX. INVOCATION - Mark Teale, Spiritual Assembly of Bahais of Newport Beach ▶ jump to 44:14
  15. X. PLEDGE OF ALLEGIANCE ▶ jump to 45:28
  16. XI. NOTICE TO THE PUBLIC ▶ jump to 45:43
  17. XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES ▶ jump to 46:04
  18. XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON-DISCUSSION ITEM) ▶ jump to 48:30
  19. Consider passage of an ordinance requiring, in general, that brick-and-mortar businesses accept payment in cash [O’Neill] 24-0937
  20. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR adopted Pass ▶ jump to 51:44
  21. 21 PAGE BREAK
  22. XV. CONSENT CALENDAR
  23. 23 READING OF MINUTES AND ORDINANCES
  24. 1. Minutes for the July 9, 2024 City Council Meeting 24-0867
  25. 2. Reading of Ordinances 24-0868
  26. 26 ORDINANCE FOR ADOPTION
  27. 3. Ordinance No. 2024-15: Amending Sections 17.60.010 (Public Trust Lands - General), 17.60.020 (Application for Pier/Mooring Permits or the Lease of Public Trust Lands), 17.60.040 (Mooring Permits), and 17.60.045 (Short-Term Mooring Licenses) of the Newport Beach Municipal Code Related to Mooring Permits and Licenses 24-0930
  28. 28 PAGE BREAK
  29. 29 RESOLUTIONS FOR ADOPTION
  30. 4. Resolution No. 2024-48: Two-Year Extension of Pilot Program to Permit Homeowner’s Associations to Install Privately Operated Security Cameras within the Public Rights-of-Way 24-0919
  31. 5. Resolution No. 2024-49: Approving Amendments to the Records Retention Schedule 24-0927
  32. 32 PAGE BREAK
  33. 33 CONTRACTS AND AGREEMENTS
  34. 6. Storm Drain System Upgrades - Award of Contract No. 9148-1 (23D02) 24-0923
  35. 7. Award of Maintenance and Repair Agreement with Meyers Construction Co. LLC for On-Call Facilities Maintenance Support Services 24-0882
  36. 8. Superior Avenue and Hospital Road Pavement Rehabilitation - Award of Contract No. 8894-2 (23R14) 24-0921
  37. 37 PAGE BREAK
  38. 9. Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project (15T09) - Approval of Additional Construction Contingency with Reyes Construction (Contract No. 8020-6), and Approval of Amendment No. Two to Professional Services Agreement with Ardurra (Contract No. 8020-8) and Amendment No. Five to Professional Services Agreement with Dokken Engineering (Contract No. 8020-5) 24-0920
  39. 39 PAGE BREAK
  40. 10. Award of Maintenance and Repair Services Agreement with Harbor Point Air Conditioning & Control Systems for On-Call HVAC Maintenance and Repair Services Citywide 24-0924
  41. 11. Approval of Amendment No. Five to Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. for San Diego Creek Trash Wheel Project (Project No. 17X12, Contract No. 7127-3) 24-0922
  42. 42 PAGE BREAK
  43. 12. Approval of Professional Services Agreement with Marine Taxonomic Services, LTD for Newport Harbor Shallow and Deep Water Eelgrass Surveys 24-0883
  44. 13. Amendment to Professional Services Agreement with Sampson Oil Company for Oil Well Management Services 24-0892
  45. 45 PAGE BREAK
  46. 14. Amendment No. Four to a Professional Services Agreement with Sagecrest Planning and Environmental for Staff Augmentation 24-0894
  47. 15. Exclusive Negotiating Agreement with Burnham-Ward Properties, LLC for the Lease and Redevelopment of a Portion of the Balboa Yacht Basin Property Located at 829 Harbor Island Drive 24-0931
  48. 48 PAGE BREAK
  49. 16. Amendment to Lease Agreement with Pacifica Christian High School - Orange County, Inc. for the City-Owned West Newport Community Center Property Located at 883 W. 15th Street 24-0854
  50. 17. Award of Contracts to Eide Bailly LLP and The Pun Group LLP for Internal Audit Services (continued from the July 9, 2024 City Council meeting) 24-0932
  51. 51 PAGE BREAK
  52. 52 MISCELLANEOUS
  53. 18. Budget Amendment to Accept a Check from the Newport Beach Public Library Foundation and Appropriate the Funds to the Library’s Fiscal Year 2024-25 Maintenance and Operation Budget 24-0855
  54. 19. Confirmation of Nominations to Fill an Unscheduled Vacancy on the Parks, Beaches and Recreation Commission 24-0901
  55. 20. FY 2023-24 Annual District Discretionary Grant Report and the Grants and Donations Report for the Quarter Ending June 30, 2024 24-0893
  56. 56 PAGE BREAK
  57. 21. Response to the Orange County Grand Jury Report “Law Enforcement’s Response to Mental Health Calls for Service” 24-0891
  58. 22. Visit Newport Beach, Inc. FY 2025 Destination Business Plan and Budget, and FY 2024 Performance Standards Report 24-0915
  59. 59 ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED
  60. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
  61. XVII. PUBLIC COMMENTS ON NON-AGENDA ITEMS ▶ jump to 55:24
  62. 62 PAGE BREAK
  63. 63 PAGE BREAK
  64. XVIII. PUBLIC HEARING ▶ jump to 57:28
  65. 23. Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element 24-0869 adopted Pass ▶ jump to 155:17
  66. XIX. MOTION FOR RECONSIDERATION ▶ jump to 163:10
  67. XX. ADJOURNMENT
  68. 68 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.
  69. 23. Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element 24-0869 adopted Pass ▶ jump to 157:03
  70. 23. Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element 24-0869 adopted Pass ▶ jump to 157:34
  71. 23. Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element 24-0869 adopted Pass ▶ jump to 158:03
  72. 23. Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the Major General Plan Amendment on the November 5, 2024 General Election Ballot Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment to the 6th Cycle Housing Element 24-0869 adopted Pass ▶ jump to 159:37