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Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA JULY 11, 2023 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING — 4:00 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(@newportbeach ca. gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 JULY 11, 2023 REGULAR MEETING - 4:00 P.M. CONVENE AT 4:00 P.M. FOR REGULAR MEETING ROLL CALL III. INVOCATION — Pastor Drew Smithson, Orange County First Assembly of God, Santa Ana IV. PLEDGE OF ALLEGIANCE V. PRESENTATION • Friends of the Library Check Presentation VI. 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. VII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Vill. 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. IX. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the June 27, 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. ORDINANCE FOR ADOPTION 3. Ordinance No. 2023-11: Prohibiting Interference with Public Access, Unpermitted Structures on Public Property and Certain Conduct on Public Property 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 City Council Meeting July 11, 2023 Page 2 b) Conduct second reading and adopt Ordinance No. 2023-11, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 10.08 to Prohibit Interference with Public Access; Adding Chapter 10.14 Prohibiting Unpermitted Structures on Public Property; and Amending Section 11.04.070 to Prohibit Certain Conduct in Public Parks, Park Facilities and at Public Beaches. CONTRACTS AND AGREEMENTS 4. San Diego Creek Trash Interceptor —Award of Contract No. 7127-5 (17X12) a) Find the requirement for environmental review under the California Environmental Quality Act ("CEQA") is satisfied by the September 25, 2018 Council adoption of Resolution No. 2018-67, A Resolution of the City Council of the City of Newport Beach, California, Adopting Mitigated Negative Declaration No. ND2018-002 (SCH No. 2018081013) for the Newport Bay Water Wheel Project (PA2018-153), pursuant to the California Environmental Quality Act, State CEQA Guidelines and City Council Policy K-3; b) Approve the project plans and specifications; c) Approve Budget Amendment No. 24-008 appropriating $1,173,075 in increased expenditures in Account No. 16001-980000-17X12 (Newport Bay Trash Wheel) from the unappropriated Environmental Liability fund balance; d) Approve Budget Amendment No. 24-008 increasing State grant revenues and expenditure appropriations by $1,600,000 in the Environmental Contributions Fund; e) Authorize the City Manager, or designee to enter into an agreement with the California Department of Water Resources for the acceptance of $1,600,000 in State grant funds; f) Award Contract No. 7127-5 to Jilk Heavy Construction, Inc., for the bid price of $3,981,074 for the San Diego Creek Trash Interceptor project, and authorize the Mayor and City Clerk to execute the contract; g) Establish a contingency of $398,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract; and h) Approve Amendment No. Three to the Professional Services Agreement with Burns & McDonnell Engineering Company (Burns & McDonnell), Inc. for construction services to increase the total not -to -exceed amount by $256,501 for a total not -to -exceed amount of $888,210, and authorize the Mayor and City Clerk to execute the Amendment. 5. Amendment No. Two to On -Call Maintenance/Repair Services Agreement with Pacific Towing, LLC for On -Call Vessel Towing Services 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 Amendment No. Two to On -Call Maintenance/Repair Services Agreement with Pacific Towing, LLC for On -Call Vessel Towing Services at a not -to -exceed amount of $150,000 through September 30, 2024, and authorize the Mayor and City Clerk to execute the amendment. 6. Award of Professional Services Contract to Willdan Financial Services for Special District Administration Services Related to Special Tax and Assessment Districts 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; b) Approve a five-year Professional Services Agreement with Willdan Financial Services for special district administration services for the five-year period ending June 30, 2028, and a total not -to -exceed amount of $395,000; and c) Authorize the Mayor and City Clerk to execute the Agreement. City Council Meeting July 11, 2023 Page 3 7. Approval of Inter -Agency Instructional Services Agreement with Rancho Santiago Community College District 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 Standard Inter -Agency Instructional Services Agreement with Rancho Santiago Community College District, and authorize the Fire Chief and City Clerk to execute the Agreement. 8. Data Center Server and Storage Replacement 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; b) Approve the purchase, installation, and support services of Dell Servers and Storage from Lanair Technology Group of Glendale, California, using CA NASPO pricing, and authorize the City Manager to execute a purchase order in the amount of $278,924.14; and c) Approve Budget Amendment No. 24-007 appropriating $278,924.14 in increased expenditures in Account No. 7657650-911032 Data Center Hardware from the IT Replacement Internal Service Fund 765. MISCELLANEOUS 9. Planning Commission Agenda for the July 6, 2023 Meeting Receive and file. 10. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library and Appropriate Funds to the Library's Fiscal Year 2023-24 Maintenance and Operation Budget 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) Accept a check in the amount of $200,000 from the Friends of the Newport Beach Library and approve Budget Amendment No. 24-006 to increase expenditures by the same amount in Division 0106052 (Friends of the Library). 11. Confirmation of Appointment to the General Plan Advisory Committee 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 the General Plan Update Steering Committee's recommended appointment of Ritch LeGrand to fill the unscheduled vacancy on the General Plan Advisory Committee. 12. Confirmation of Voting Delegate and Alternate for the 2023 League of California Cities Annual Conference — September 20, 2023 to September 22, 2023 a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; b) Designate Council Member Erik Weigand to be the voting delegate and Council Member Robyn Grant to be the alternate voting delegate at the 2023 League of California Cities Conference; and c) Direct the City Clerk to complete and submit the designation form to the League of California Cities. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED City Council Meeting July 11, 2023 Page 4 X. ITEMS REMOVED FROM THE CONSENT CALENDAR XI. 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. XII. PUBLIC HEARING 13.Ordinance No. 2023-12: Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071) a) Conduct a public hearing; b) Find the introduction and adoption of this ordinance is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; and c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2023-12, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to the Newport Village Planned Community (PC-27) Development Plan to Allow Recreational Uses within Area 1 (PA2023-0071), and pass to second reading on July 25, 2023. XIII. CURRENT BUSINESS 14. Ad Hoc Residential Crime and Burglary Advisory Committee Recommendations 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) Review and discuss recommendations and provide direction to staff. 15. Request to Commit $3 Million in Funding to American Family Housing for the Travelodge North Homekey Project at 1400 Bristol Street, Costa Mesa 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; b) Approve Budget Amendment No. 24-009 appropriating $2,000,000 from General Fund surplus funds for Fiscal Year 2022-23 and transferring $1,000,000 from the General Fund CIP Fund to commit $3,000,000 toward this project as further outlined in the report; and c) Approve a commitment of $3,000,000, and authorize the City Manager to execute a Commitment Letter to American Family Housing for the conversion of the Travelodge North Motel property at 1400 Bristol Street, Costa Mesa, CA, in connection with the application for Homekey Round 3 permanent supportive housing project funding. XIV. 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. �Akv�_11a L0111 WIM 14 i h I 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