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Home My WebLink About0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA SEPTEMBER 26, 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 SEPTEMBER 26, 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. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Corona del Mar Village Commercial Corridor Land Use and Parking Study City staff will provide a presentation on studying ways to revitalize the CdM commercial corridor with aims to breathe new life into the area by supporting existing businesses and attracting new ones. The study may include measures to address regional parking issues, alleviating strain on residential neighborhoods and individual businesses. The goal of a study will be to provide future recommendations that may transform the area into a thriving, accessible, and vibrant community hub. This is a study session item for the purpose gaining feedback and further direction from the City Council on a potential study. SS3. Policy discussion to consider the nightly closure of all public restrooms in the City City Council will discuss the operational hours of the City's Public Restroom Facilities and the possible nighttime closure of all of the Facilities. 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 LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9 (d)(1)): 1 matter Steven Shulman v. City of Newport Beach Workers' Compensation Appeals Board Case No. ADJ8398388 V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL City Council Meeting September 26, 2023 Page 2 Vill. CLOSED SESSION REPORT IX. INVOCATION — Mark Teale, Spiritual Assembly of Bahais of Newport Beach 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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Consider formally opposing Assembly Constitutional Amendment 13 as an attack on taxpayers' ability to pass future taxpayer protection measures or restore critical provisions from Proposition 13 when courts undermine them [O'Neill and Weigand] Consider formally opposing Assembly Constitutional Amendment 1 that would lower the threshold on the percentage of votes needed to raise special taxes from the current two-thirds to only 55% [O'Neill and Grant] 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— 10). 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 September 12, 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. City Council Meeting September 26, 2023 Page 3 ORDINANCE FOR ADOPTION 3. Ordinance No. 2023-14: Non -Exclusive Commercial Solid Waste Franchise 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) Conduct second reading and adopt Ordinance No. 2023-14, An Ordinance of the City Council of the City of Newport Beach, California, Granting a Non -Exclusive Franchise Agreement for Commercial Solid Waste and Divertible Materials Handling Services Within the City of Newport Beach to the so -named company. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2023-54: Summary Vacation of Existing Public Waterline Easement at 352 Poppy Avenue 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) Adopt Resolution No. 2023-54, A Resolution of the City Council of the City of Newport Beach, California, Summarily Vacating a Public Waterline Easement at 352 Poppy Avenue (Portion of Lot 5 of Block 'A" of Tract 673); c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. 5. Resolution No. 2023-55: Summary Vacation of Certain Existing Public Sewer Easement Areas at 850 San Clemente Drive 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) Adopt Resolution No. 2023-55, A Resolution of the City Council of the City of Newport Beach, California, Summarily Vacating a Portion of a Public Sewer Easement at 850 San Clemente Drive (Parcel 1 of Lot Merger No. LM2018-004); c) Direct staff to process the summary vacation of said certain easement areas; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. CONTRACTS AND AGREEMENTS 6. Concrete Replacement Program FY 2023-24 (Project No. 2411106) — Award of Contract No. 9378-1 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, 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. 9378-1 to Grigolla & Sons Construction Company, Inc. for the bid price of $989,250 for the Concrete Replacement Program FY 2023-24, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $200,000 (approximately 20 percent of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 24-023, appropriating $77,756 in increased expenditures in 01201927-980000-24R06 from the General Fund Capital Projects Fund's unappropriated fund balance. City Council Meeting September 26, 2023 Page 4 7. Amendments to Professional Services Agreements for JLee Engineering, Inc., Bureau Veritas North America, Inc., and CSG Consultants, Inc. for Building Safety Related 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; b) Approve and authorize the Mayor and City Clerk to execute Amendment No. One to Professional Services Agreement with JLee Engineering, Inc., to increase the contract amount by $250,000, not -to -exceed amount of $610,000; c) Approve and authorize the Mayor and City Clerk to execute Amendment No. Three to Professional Services Agreement with Bureau Veritas North America, Inc., to increase the contract amount by $150,000, not -to -exceed amount of $270,000; and d) Approve and authorize the Mayor and City Clerk to execute Amendment No. Three to Professional Services Agreement with CSG Consultant, to increase the contract amount by $250,000, not -to -exceed amount of $370,000. 8. Second Amendment to Office Lease with Peregrine Realty Partners, Inc. for Use of Suite 650 Located at 1201 Dove Street a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or Reconstruction) 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; and b) Authorize the City Manager and City Clerk to execute the Second Amendment to Office Lease between the City of Newport Beach and Peregrine Realty Partners, Inc. for use of City Property, office space Suite 650 located at 1201 Dove Street, in a form substantially similar to the amendment attached to the staff report. 9. Purchase of Phoenix G2 Fire Station Alerting Systems 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 the single source selection and purchase of US Digital Designs, Inc. Phoenix G2 Fire Station Alerting Systems for Fire Stations 1, 3, 4, 6, 7, 8 and Lifeguard Headquarters for a total cost of $322,079.60, and authorize the City's Finance Department to issue the Purchase Order. MISCELLANEOUS 10. Planning Commission Agenda for the September 21, 2023 Meeting Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 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. City Council Meeting September 26, 2023 Page 5 XVIII. PUBLIC HEARING 11. Community Development Block Grant Program Year 2022-23, Consolidated Annual Performance and Evaluation Report a) Hold a public hearing to receive comments on the Program Year 2022-23 CAPER; b) Find this activity exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; c) Approve the Program Year 2022-23 CAPER; and d) Authorize the City Manager or her designee to submit the Program Year 2022-23 CAPER to HUD. XIX. CURRENT BUSINESS 12. Approval of 2023 Water and Sewer Rate Studies and Setting of Public Hearing for Water and Sewer Rates 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 2023 Water and Sewer Rate Studies; c) Direct staff to send a notice of proposed water and sewer rates to property owners and customers in compliance with Proposition 218 State Law; and d) Set the date of November 14, 2023, for the tabulation of protests and conduct a public hearing of proposed rates pending the results of the protest. XX. 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. XXI. ADJOURNMENT — In memory of Tom Evans 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