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Home My WebLink About00 - Agenda/off � 1 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA JANUARY 10, 2023 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 5:00 P.M. NOAH BLOM, Mayor WILL O'NEILL, Mayor Pro Tern BRAD AVERY, Council Member ROBYN GRANT, Council Member LAUREN KLEIMAN, Council Member JOE STAPLETON, Council Member ERIK WEIGAND, Council Member 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@newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 JANUARY 10, 2023 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION - FOLLOWS STUDY SESSION REGULAR MEETING - 5:00 P.M. I. ROLL CALL — 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of items on the Consent Calendar SS2. Presentation on the Newport Beach Local Housing Trust The Newport Beach Local Housing Trust Formation Group will provide information on the status of the establishment of a local housing trust for affordable housing and the steps moving forward. 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 (3) 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 — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: The American Legion Newport Harbor Post No. 291, located at 215 15th Street, Newport Beach California, 92663. City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding Whitlinger, Real Property Administrator. Negotiating Parties: Evin D. Planto. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. V. RECESS VI. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Vill. CLOSED SESSION REPORT IX. INVOCATION — Pastor David Manne, Calvary Chapel of Costa Mesa X. PLEDGE OF ALLEGIANCE City Council Meeting January 10, 2023 Page 2 XI. NOTICE TO THE PUBLIC The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) 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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Consider adopting a resolution affirming the City's support of efforts to eliminate the threat of fentanyl by devoting resources to the interdiction of narcotics, holding accountable drug traffickers, and raising public awareness about the dangers of drug use [Stapleton] XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members 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 (3) minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) 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. Council Members 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. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the December 13, 2022 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. 1:i*lfojjt►piroj►F&79xo1:7_l►oZo]ii[o]►�I 3. Resolution No. 2023-1: Updating the List of Designated Employees for 2023 Under the City's Conflict of Interest Code 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. 2023-1, A Resolution of the City Council of the City of Newport Beach, California, Updating the Appendix of Designated Employees and Appendix of Disclosure Categories of the City of Newport Beach Conflict of Interest Code. City Council Meeting January 10, 2023 Page 3 4. Resolution No. 2023-2: Amending City Council Policy E-1: Public Records Act 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. 2023-2, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy E-1 "Public Records Act Policy" to Comply with Recodification of the California Public Records Act. 5. Resolution No. 2023-3: Affirming that the City Council Stands in Solidarity with its Iranian -American Community Members as their Relatives and Associates are Suffering through Current Human Rights Injustices in Iran 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. 2023-3, A Resolution of the City Council of the City of Newport Beach, California, Affirming that the City Council Stands in Solidarity with its Iranian -American Community Members as their Relatives and Associates are Suffering through Current Human Rights Injustices in Iran. CONTRACTS AND AGREEMENTS 6. City Bridge Deck Maintenance (Project No. 21 R13) — Notice of Completion for Contract No. 7679-2 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 the Faithful Performance Bond one year after acceptance by the City Council. 7. Gateway Park Improvements — Award of Contract No. 8791-1 (231_01) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(c) (replacement of existing public facilities involving negligible or no expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Find the bid from Jon Gilmer Construction non -responsive due to lack of specified licensure; c) Award Contract No. 8791-1 to Armstrong Cal Builders, Inc. for the bid price of $540,233.50 for the Gateway Park Landscape Improvement project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $54,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract. 8. Utilities Yard Office Remodel —Award of Contract No. 7908-1 (23F13) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15301(a) (minor interior or exterior alterations involving such things as partitions and plumbing) 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) Relieve OCLA Construction of their bid due to a clerical error; d) Award Contract No. 7908-1 to JT Construction Group Inc. for the bid price of $370,906 for the Utilities Yard Office Remodel project, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency of $55,600 (approximately 15 percent of total bid) to cover the cost of unforeseen work not included in the original contract. City Council Meeting January 10, 2023 Page 4 9. Approval of Professional Services Agreement with COAR Design Group (Contract No. 8865-1) for Balboa Branch Library and Fire Station No. 1 Replacement Project (Project No. 23F12) 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 Professional Services Agreement with COAR of San Diego, CA, for design services of the Balboa Branch Library and Fire Station No. 1 Replacement Project for a total not -to - exceed amount of $697,248, and authorize the Mayor and City Clerk to execute the Agreement. 10. Approval of Professional Services Agreement with Glenn Lukos Associates, Inc. (Contract No. 8020-9) for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project (Project No. 15T09) 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 Professional Services Agreement with Glenn Lukos Associates, Inc. of Santa Ana, California, for Coastal Sage Scrub restoration and monitoring efforts related to the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project for a not -to -exceed amount of $176,530, and authorize the Mayor and City Clerk to execute the Agreement. MISCELLANEOUS 11. Planning Commission Agenda for the January 5, 2023 meeting Receive and file. 12. Annual Mayor Appointments 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) Confirm Mayor Noah Blom's appointments under City Council Policy A-2, as provided in the staff report. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED I:Z�/��=1��i6'�:��i[��/��l�:Z�]��ii�a��7►6'i�►��_1�=1►1�7_1:� XVII. 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 (3) minutes. Before speaking, please state your name for the record. XVIII. PUBLIC HEARING 13. Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5: General Plan Amendment to Increase the Development Limit for Bay Island a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 - Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; City Council Meeting January 10, 2023 Page 5 c) Adopt Resolution No. 2023-4, A Resolution of the City Council of the City of Newport Beach, California, Approving General Plan Amendment No. GP2022-001 to Change the Development Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-087); d) Adopt Resolution No. 2023-5, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2022-003 to Change the Development Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-087); and e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-1, An Ordinance of the City Council of the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2022-005 to Change the Development Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-087), and pass to second reading on January 24, 2023. XIX. 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 Council Members who voted with the prevailing side. XX. ADJOURNMENT — In memory of Tony Shaw 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