HomeMy WebLinkAbout01/10/2023 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
January 10, 2023
I. ROLL CALL — 4:00 p.m.
Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member
Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council
Member Erik Weigand
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Presentation on the Newport Beach Local Housing Trust
Ed Selich, representing the Newport Beach Housing Trust (NBHT) Formation Group, and their
consultant, Terry Watt, utilized a presentation to discuss NBHT, goals, structure, approach,
initial Formation Group members, defined local housing trust, housing challenges, housing
market expense statistics in the City, pace of wages, catalyzing new rental and ownership
housing, the Housing Trust focus, targeted housing types, accomplishments, and next steps
(www. newp ortbe achhousingtrust. org) .
In response to Council Member Grant's questions, Ms. Watt discussed successful housing and
community land trusts launched by a city or county that became independent, indicated that
the NBHT Formation Group is not asking for City resources during the launch period, and
highlighted the San Francisco Housing Accelerator revolving philanthropic loan funding.
In response to Council Member Stapleton's questions, Ms. Watt discussed a revolving
$20 million loan fund five-year goal, an opportunity to partner with the Orange County Housing
Finance Authority for Accessory Dwelling Units (ADUs) and Junior ADUs, and a possible
long-term affordable housing retention with the Irvine Community Land Trust.
Council Member Avery expressed the opinion that high interest exists among landowners with
large lots for ADU development but are hesitant due to costs related to code requirements and
stated he recognized the value of a land trust to provide funding to address this problem.
Ms. Watt commended the work done by staff to streamline the ADU process and including ADUs
in the Regional Housing Needs Assessment (RHNA) count for low- and moderate -income units
by the California Department of Housing and Community Development (HCD). Mr. Selich
relayed the idea of ADUs providing housing for caregivers so the elderly can remain in their
homes.
In response to Council Member Kleiman's question, Mr. Selich indicated that fund allocation
and project prioritization will be driven by need and appropriateness of the project.
Ms. Watt noted this is the time for huge transition and focus on ADUs and Junior ADUs, the
pursuit of a loan and financing model, possibly utilizing church parking lots for housing, and a
shorter project list.
Mayor Blom thanked the NBHT Formation Group.
III. PUBLIC COMMENTS — None
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the item listed on the Closed Session agenda and read the title.
Volume 65 - Page 464
City of Newport Beach
City Council Meeting
January 10, 2023
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. RECESSED - 4:30 p.m.
VI. RECONVENED AT 5:04 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member
Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council
Member Erik Weigand
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION - Pastor David Manne, Calvary Chapel of Costa Mesa
X. PLEDGE OF ALLEGIANCE - Mayor Pro Tem O'Neill
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Stapleton:
• Announced the Finance Committee meeting
Council Member Weigand:
• Commended City staff for its programs for children at the Community Youth Center (CYC)
Mayor Pro Tem O'Neill:
• Commended contributors of the Christmas Boat Parade
• Attended Senator Janet Nguyen's swearing -in, and the Patrick's Purpose Walk with Council
Members Weigand and Stapleton
• Announced his position as Chair of the Transportation Corridor Agency (TCA) and its next meeting
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]
Volume 65 - Page 465
City of Newport Beach
City Council Meeting
January 10, 2023
The City Council unanimously concurred to bring the matter back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Grant expressed concern regarding no public input included in Item 9 (Balboa Branch
Library and Fire Station No. 1 Replacement Project). City Manager Leung noted that there is no intent
to reduce the building size and public input will be part of the process.
Regarding Item 5 (Resolution No. 2023-3: Affirming that the City Council Stands in Solidarity with its
Iranian -American Community Members), Hengameh "Henny" Abraham expressed thanks and relief for
the item returning to the City Council and asked for a unanimous vote in support.
Pejman Biasi discussed the fight for justice, asked Council to condemn the Islamic Republic, and asked
that Council demand those in higher power to cut ties with the Islamic Republic.
Biana Mansour discussed basic human rights, asked Council to call their local representatives and ask
them to pass H.R. 9203 (MAHSA Act), and thanked Henny Abraham for bringing this to the
community's attention.
Rose asked Council to vote "yes" on Item 5 and thanked Henny Abraham for her efforts.
Melissa Hashem asked Council to condemn the terrorist regime, stand with the prominent Iranian
population in the City, move this cause to higher legislation to fight for the liberty and the pursuit of
happiness for the people in Iran, and pass the resolution. Lastly, she thanked Henny Abraham for her
efforts.
Tanios thanked Henny Abraham, noted the death toll in Iran, asked for support for a new secular
democratic government, maximum pressure on affiliates of the Iranian regime, and a reintroduction of
the MAHSA Act to Congress, and requested members of Council to leverage their platform, adopt and
pass a resolution with strong language, and call on immediate and effective action.
Mahsa Townsend discussed the Islamic Republic and thanked Henny Abraham.
An -unidentified speaker relayed that passing the resolution will provide hope and demonstrate
compassion and love for humanity.
Mitra Mosallaie expressed gratitude to Council for placing Item 5 on the agenda, thanked Henny
Abraham, and requested a unanimous Council vote. She displayed a video of victims of the Iranian
regime.
Farhad Mofi thanked Council and Henny Abraham, and asked for support for condemning the Islamic
Republic.
Jim Mosher expressed concern for an outreach plan and the architect selection rankings in Item 9, and
suggested identifying the selection panel and ranking criteria. In response to his inquiry regarding the
Environmental Quality Affairs Committee (EQAC) in the Annual Mayor Appointments (Item 12),
Mayor Blom indicated that, as Chair of EQAC, he will assess the future of EQAC.
Bernie Svalstad, President of the Newport Beach Historical Society, also expressed concern for public
involvement in Item 9, questioned the project timeline and breakdown of the library and fire station
square footage, and requested 1,000 square feet be set aside for the Historical Society.
XV. CONSENT CALENDAR
Volume 65 - Page 466
City of Newport Beach
City Council Meeting
January 10, 2023
READING OF MINUTES AND ORDINANCES
1. Minutes for the December 13, 2022 City Council Meeting [100-20231
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.
RESOLUTIONS FOR ADOPTION
Resolution No. 2023-1: Updating the List of Designated Employees for 2023 Under the
City's Conflict of Interest Code [100-20231
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 Resol�ition 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.
4. Resolution No. 2023-2: Amending City Council Policy E-1: Public Records Act Policy
[100-20231
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 [100-20231
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. 211113) - Notice of Completion for Contract
No. 7679-2 [381100-20231
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 (23L01) [381100-2023]
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;
Volume 65 - Page 467
City of Newport Beach
City Council Meeting
January 10, 2023
c) Find the bid from Jon Gilmer Construction non -responsive due to lack of specified licensure;
d) 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
e) Establish a contingency of $54,000 (approximately 10% 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) [381100-20231
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% of total bid) to cover the cost of
unforeseen work not included in the original contract.
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) [381100-20231
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) [381100-20231
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 [100-20231
Receive and file.
12. Annual Mayor Appointments [100-2023]
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.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Kleiman, to approve the
Consent Calendar.
The motion carried unanimously.
Volume 65 - Page 468
City of Newport Beach
City Council Meeting
January 10, 2023
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS - None
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 [I00-2023]
Community Development Director Jurjis and Senior Planner Crager reported that the amendment
is meant to adjust and correct the density allowed on Bay Island to reflect 25 residential units and
utilized a presentation to discuss the background, show before and after diagrams of unit counts,
and next steps.
Mayor Blom opened the public hearing.
Coralee Newman, representing the applicant, stated that she has reviewed the documents, staff
report and findings, and noted the Planning Commission unanimously approved the item and staff
recommendation. She requested Council approve having 25 building sites on Bay Island, discussed
Bay Island's ownership structure, property inclusions, cause of the unit count error in the
2006 General Plan, and noted the architectural standards and guidelines.
Michelle Dean, member of the Bay Island Club Board of Directors, supported the recommendations
and asked for support of the amendment.
Jim Mosher expressed the opinion that the public should know how the City interprets Senate Bill
1439 regarding campaign contributions and recusals, noted the use of the caretaker residence, and
relayed not having found a record to substantiate the 25 units at the October 23, 1997 Planning
Commission meeting.
Hearing no further testimony, Mayor Blom closed the public hearing.
Motion by Mayor Pro Tern O'Neill, seconded by Council Member Avery, to a) 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; b) 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); c) 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 d) 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.
The motion carried unanimously.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 6:01 p.m. in memory of Tony Shaw.
Volume 65 - Page 469
City of Newport Beach
City Council Meeting
January 10, 2023
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
January 5, 2023, at 4:00 p.m.
Leilani I. Brown
City Clerk
F-
Volume 65 - Page 470