HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JANUARY 9, 2024
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 4:30 P.M.
WILL O'NEILL, Mayor
JOE STAPLETON, Mayor Pro Tern
BRAD AVERY, Councilmember
NOAH BLOM, Councilmember
ROBYN GRANT, Councilmember
LAUREN KLEIMAN, Councilmember
ERIK WEIGAND, Councilmember
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
JANUARY 9, 2024
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 4:30 P.M.
ROLL CALL — 4:00 p.m.
PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
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 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.
III. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, and Barbara Salvini,
Human Resources Director.
Employee Organization: The Newport Beach Police Association.
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 3 matters
State Farm General Insurance Company vs. City of Newport Beach
Orange County Superior Court Case No. 30-2022-01279624-CU-NP-NJC
Marshall Senk vs. City of Newport Beach
Orange County Superior Court Case No. 30-2022-01297253-CU-PO-NJC
Marshall Senk vs. City of Newport Beach
Orange County Superior Court Case No. 30-2023-01321223-CU-PO-NJC
IV. RECESS
V. RECONVENE AT 4:30 P.M. FOR REGULAR MEETING
VI.
ROLL CALL
VII.
CLOSED SESSION REPORT
Vill.
INVOCATION
IX.
PLEDGE OF ALLEGIANCE
X.
NOTICE TO THE PUBLIC
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are generally limited to three 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.
City Council Meeting
January 9, 2024
Page 2
XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
Consider forming a City Council ad hoc committee comprised of three Councilmembers,
to be appointed by the Mayor and confirmed by the entire City Council, to work with City
staff and make a recommendation to the entire City Council regarding the selection,
implementation and integration of new technology to assist the City's public safety
departments protect the public and deliver effective and efficient services to the
community [O'Neill]
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers 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 minutes. Before speaking, please state your name for the record. If any
item is removed from the Consent Calendar by a Councilmember, members of the public are invited
to speak on each item for up to three 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. Councilmembers 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 December 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.
ORDINANCE FOR INTRODUCTION
3. Ordinance No. 2024-1: Amending Sections 17.35.030 (Bayward Location of Piers and
Floats) and 17.35.060 (Balboa Island — Noncommercial Piers) of the Newport Beach
Municipal Code and Repealing City Council Policy H-1
a) Find the introduction and adoption of this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Additionally, find the introduction and adoption of this ordinance is exempt from CEQA
environmental review pursuant to Sections 15301 (Existing Facilities) and 15302
(Replacement or Reconstruction) of the CEQA Guidelines; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-
1, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Sections 17.35.030 (Bayward Location of Piers and Floats) and 17.35.060 (Balboa Island -
Noncommercial Piers) of the Newport Beach Municipal Code and Repealing City Council
Policy H-1, and pass to a second reading on January 23, 2024.
City Council Meeting
January 9, 2024
Page 3
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2024-1: Updating the List of Designated Employees for 2024 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. 2024-1, 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.
5. Resolution No. 2024-2: Establishing the Ad Hoc Transit, Transportation, Parking and
Mobility City Council 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) Adopt Resolution No. 2024-2, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Ad Hoc Transit, Transportation, Parking and Mobility Committee.
CONTRACTS AND AGREEMENTS
6. Assessment District No. 124 — Phase 1 (Central Balboa Island) — Award of Contract
No. 9451-1
a) Acknowledge the project is exempt from the California Environmental Quality Act (CEQA)
pursuant to Class 2 Section 15302 (d) (conversion of overhead electrical utility distribution
lines where the surface is restored to the condition existing prior to the undergrounding) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it will not
have an adverse effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 9451-1 to International Line Builders, Inc. for the total bid price of
$11,969,969.88 for the Underground Utility Assessment District No. 124 — Phase 1 project,
and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $1,200,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
7. Newport Boulevard Landscape Improvements (Industrial Way to Pacific Coast Highway)
and West Coast Highway Landscaping Improvements (West City Limits to Highland St.) —
Award of Contract No. 9226-1 (23L01)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (h) (maintenance of existing landscaping) 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) Approve Budget Amendment No. 24-040 transferring project savings from General Fund CIP
and Neighborhood Enhancement unappropriated fund balance and appropriating $14,930 in
increased expenditures in Account No. 01201927-980000-241-01 and $249,730 in increased
expenditures in Account No. 53601-980000-231-01;
d) Award Contract No. 9226-1 to Marina Landscape Inc. for the base bid price of $574,298.52
(West Coast Highway and Newport medians) plus additive Newport Blvd West Slope for
$224,504.45 and additive Newport Blvd East Slope for $227,317.99, for a total price of
$1,026,120.96, and authorize the Mayor and City Clerk to execute the contract;
e) Establish a contingency of $50,000 (approximately 5% of total bid) to cover the cost of
unforeseen work not included in the original contract; and
f) Approve Landscape Maintenance Agreement with Caltrans for Newport Boulevard and
authorize the Mayor and City Clerk to execute the agreement.
City Council Meeting
January 9, 2024
Page 4
8. West Coast Highway Joint Manhole & Valve Adjustments —Award of Contract No. 9417-1
(24R09)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (repair and maintenance of existing highways and streets, sidewalks, and
gutters involving no expansion of use) of the CEQA Guidelines, because this project has no
potential to have a significant effect on the environment;
b) Approve Budget Amendment No. 24-041 appropriating $689,699 in new revenue from
Orange County Sanitation District to Account No. 13501-431075-24R09 (which includes a
5% management fee) and $656,856 in expenditures to Account No. 13501-980000-24R09;
c) Approve the project plans and specifications;
d) Award Contract No. 9417-1 to R.J. Noble Company for a total bid price of $922,925 for the
West Coast Highway Joint Manhole & Valve Adjustments project, and authorize the Mayor
and City Clerk to execute the contract;
e) Establish a contingency of $184,585 (20% of total bid) to cover the cost of unforeseen work
not included in the original contract; and
f) Approve Reimbursement Agreement with Orange County Sanitation District and authorize
the City Manager and City Clerk to execute the agreement.
9. Amendment No. Four to the Burns & McDonnell Professional Services Agreement for the
San Diego Creek Trash Interceptor Project (Contract No. 7127-3, Project No. 17X12)
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. 24-044 appropriating $100,411 in increased expenditures
in Account No. 16001-980000-17X12 (Newport Bay Trash Wheel) from the unappropriated
Environmental Liability Fund Fees balance; and
c) Approve Contract Amendment No. Four to the Burns & McDonnell Professional Services
Agreement for an additional not -to -exceed amount of $75,411, and authorize the Mayor and
City Clerk to execute the agreement.
MISCELLANEOUS
10. Planning Commission Action Report for the December 21, 2023 Meeting and Agenda for
the January 4, 2024 Meeting
Receive and file.
11. 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 Will O'Neill's appointments under City Council Policy A-2, as provided in the
staff report.
12. Harbor Commission 2024 Objectives
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) Receive and file the Harbor Commission's 2024 objectives.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
January 9, 2024
Page 5
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 minutes. Before
speaking, please state your name for the record.
XVII. CURRENT BUSINESS
13. Lecture Hall Building — Approval of Third Amendment to the Memorandum of
Understanding with the Newport Beach Public Library Foundation; and Adoption of
Resolution No. 2024-3: Dissolving the Newport Beach Library Lecture Hall Design
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;
b) Review and approve the Third Amendment to the Memorandum of Understanding between
the City of Newport Beach and the Newport Beach Public Library Foundation for the Lecture
Hall Building;
c) Authorize the City Manager to execute amendments to the existing Donor Agreements that
replaces the existing Memorandum of Understanding with this Third Amendment; and
d) Adopt Resolution No. 2024-3, A Resolution of the City Council of the City of Newport Beach,
California, Dissolving the Newport Beach Library Lecture Hall Design Committee and
Repealing Resolution No. 2019-70.
14. Central Library Lecture Hall Building Project —Award of Contract No. 7444-3 (19F11)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 (Class 1 — Existing Facilities) and 15303 (Class 3 — New Construction or
Conversion of Small Structures) of the California Code of Regulations, Title 14, Division 6,
Chapter 3 and CEQA Guidelines, because this project has no potential to have a significant
effect on the environment;
b) Approve the project plans and specifications;
c) Approve Budget Amendment No. 24-042 to increase appropriations by $10,487,936 to fully
fund the Library Lecture Hall Project (19F11) and to increase revenues and authorize the
transfer of funds as reflected in the report;
d) Award Contract No. 7444-3 to AMG & Associates, Inc. for the total bid price of $19,068,000,
and authorize the Mayor and City Clerk to execute the contract contingent upon the Newport
Beach Public Library Foundation depositing $7,100,000 in advanced contribution funds into
the specified project escrow account as defined within Amendment No. Three of the
Memorandum of Understanding between the City and the Newport Beach Public Library
Foundation;
e) Establish a contingency of $1,906,800 (10% of total bid) to cover the cost of unforeseen work
not included in the original contract;
f) Approve Amendment No. Three to the Agreement with Robert Coffee Architects + Associates
to increase the fee amount by $445,000 for construction support services for a total
not -to -exceed contract amount of $1,117,670, and authorize the Mayor and City Clerk to
execute the agreement;
g) Approve Amendment No. One to the Agreement with Griffin Structures to increase the fee
amount by $187,000 for construction management services for a total not -to -exceed contract
amount of $867,000, and authorize the Mayor and City Clerk to execute the agreement; and
h) Approve a Professional Services Agreement with Geocon West for construction special and
geotechnical inspections and support service for a not -to -exceed amount of $249,000, and
authorize the Mayor and City Clerk to execute the agreement.
City Council Meeting
January 9, 2024
Page 6
XVIII. 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 Councilmembers who voted with the prevailing
side.
XIX. ADJOURNMENT — In memory of Phill Smoot
Testimony given before the City Council is recorded.
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