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Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA MARCH 28, 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 — 5:30 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(a)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 MARCH 28, 2023 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION - FOLLOWS STUDY SESSION REGULAR MEETING - 5:30 P.M. ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Presentation: 100 Years of Lifeguarding in Newport Beach SS3. Capital Improvement Program (CIP) Early Look Staff will present the preliminary new projects and funding proposed for the FY 2023-24 Capital Improvement Program for City Council review and discussion. 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: 1201 Dove Street, Newport Beach, California (APN 427-221-06). City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding Whitlinger, Real Property Administrator. Negotiating Parties: Parke Miller. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION —ANTICIPATED LITIGATION (Government Code § 54956.9(d)(4)): 2 matters SoCal Recovery, LLC, a California Limited Liability Company et al. v. City of Costa Mesa United States District Court, Central District of California, Case No. 8:18-cv-01304-JVS-PJW Ninth Circuit Court of Appeals, Case No. 20-55820 Raw Recovery, LLC, v. a California Limited Liability Company v. City of Costa Mesa United States District Court, Central District of California, Case No. 8:18-cv-01080-JVS-PJW Ninth Circuit Court of Appeals, Case No. 20-55870 (The reason for holding a closed session regarding these matters is for the purpose of conferring with and/or receiving advice from the City's legal counsel and to receive direction from the City Council regarding the possible filing and/or participation in an amicus brief.) City Council Meeting March 28, 2023 Page 2 V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL Vill. CLOSED SESSION REPORT IX. INVOCATION — Reverend Dr. Ralph Williamson, Christ Our Redeemer Church, Irvine 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 (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. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members 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 (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. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 14, 2023 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. RESOLUTION FOR ADOPTION 3. Resolution No. 2023-16: Proclaiming a Local Emergency Due to the Ongoing Winter Storms and Related Storm Damage a) Determine this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15269(c) (the activity is necessary to prevent or mitigate an emergency), 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and City Council Meeting March 28, 2023 Page 3 b) Adopt Resolution No. 2023-16, A Resolution of the City Council of the City of Newport Beach, California, Proclaiming a Local Emergency Due to the Ongoing Winter Storms and Related Storm Damage. CONTRACTS AND AGREEMENTS 4. Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (Project No. 21 R15) — Notice of Completion for Contract No. 7885-2 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 Faithful Performance Bond one year after acceptance by the City Council. 5. Hillsborough Pump Station Rehabilitation —Award of Contract No. 8758-2 (23W12) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 8758-2 to Vicon Enterprise, Inc. for the bid price of $354,000 for the Hillsborough Pump Station Rehabilitation project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $53,000 (approximately 15 percent of total bid) to cover the cost of unforeseen work not included in the original contract. MISCELLANEOUS 6. Planning Commission Agenda for the March 23, 2023 Meeting Receive and file. 7. 2022 Annual General Plan and Housing Element Progress Report a) Find the preparation, review and submission of the 2022 General Plan Progress Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; b) Review the 2022 General Plan Progress Report, including the Housing Element Annual Progress Report; and c) Authorize the submittal of the 2022 General Plan Progress Report to the California Office of Planning and Research and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development. 8. Ground Emergency Medical Transport (GEMT) Quality Assurance Fee (QAF) Payment 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 Budget Amendment No. 23-062 appropriating $215,244.54 in increased expenditures in Account No. 01040404-821009 (GEMT QAF) from the General Fund unappropriated fund balance for mandatory payment of the 2022 Ground Emergency Medical Transport (GEMT) Quality Assurance Fee (QAF). 9. Authorization to Accept Funding from the U.S. Department of Homeland Security Grant Program to Purchase Software Licenses for an Evacuation Planning Tool 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 March 28, 2023 Page 4 b) Accept the $60,000 grant award from the 2021 Homeland Security Grant Program to purchase 10 evacuation software platform licenses for the Orange County Harbor Region and obtain reimbursement from the grant; c) Authorize the City Manager to enter into the SAAS Agreement for Cloud Services with Ladris Technologies, Inc., for a trial term of nine months, not to exceed sixty thousand dollars ($60,000); and d) Approve Budget Amendment No. 23-059 to accept Homeland Security grant funds, increase revenue estimates by $60,000 in account 0103511-431453-G2320, and increase expenditure appropriations by $60,000 in account 0103511-911027-G2320. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED EV�k9=1LTA F1:7=1Ji[0P/=107J:T61LTA ad: I=Kde]ki611=1ki III tly_"4kiU7_10 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 (3) minutes. Before speaking, please state your name for the record. XVII. 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. XVIII. ADJOURNMENT — In memory of David Grant 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