HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JANUARY 23, 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.
LFVINF 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(o)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
JANUARY 23, 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, Negotiators.
Employee Organizations: Newport Beach Professional and Technical Employee Association
(NBPTEA) and Newport Beach City Employees Association (NBCEA).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9 (d)(4)): 1 matter
C. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9 (d)(1): 1 matter
Dorothy L. Palen — Safekeeping Will
Orange County Superior Court, Case No. 30-2022-01307024-PR-OP-CMC
IV. RECESS
V. RECONVENE AT 4:30 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
Vill. INVOCATION — Pastor David Manne, Calvary Chapel of Costa Mesa
IX. PLEDGE OF ALLEGIANCE
X. PRESENTATION
• Certificate of Recognition to Marie Case
City Council Meeting
January 23, 2024
Page 2
XI. 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.
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider conducting a study session to discuss whether the benefits of membership in
the League of California Cities (Cal Cities) outweighs the downside of Cal Cities'
consistent policy positions that contradict resolutions and priorities articulated by this
City Council [O'Neill]
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 18). 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.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the January 9, 2024 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. 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 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
City Council Meeting
January 23, 2024
Page 3
b) Conduct second reading and adopt 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.
4. Resolution No. 2024-4: Supporting Submission of Grant Applications Under the Orange
County Transportation Authority Measure M2 Project V Program for Local Transit
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) Adopt Resolution No. 2024-4, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing and Approving Submittal of Funding Applications to the Orange
County Transportation Authority for Funding Under the Project V Community -Based
Transit/Circulators Program.
5. Resolution No. 2024-5: Establishing the Ad Hoc Technology Implementation and
Integration 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) Adopt Resolution No. 2024-5, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Ad Hoc Technology Implementation and Integration Committee; and
c) Confirm Mayor Will O'Neill's appointments of Mayor O'Neill, Mayor Pro Tern Joe Stapleton
and Councilmember Lauren Kleiman to serve on the Ad Hoc Technology Implementation
and Integration Committee.
CONTRACTS AND AGREEMENTS
6. Bonita Creek Community Center Improvements — Award of Contract No. 9333-1 (23F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(d), Class 1 (restoration or rehabilitation of deteriorated facilities involving
negligible or no expansion of existing 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. 9333-1 to R Dependable Construction Inc. for the total bid price of
$489,860 for the FY 2023-2024 Bonita Creek Community Center Improvements, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $75,000 (approximately 15% of total bid) to cover the cost of
unforeseen work not included in the original contract.
7. Approval and Award of On -Call Maintenance/Repair Services Agreement with Joslin
Mobile, Inc. for Vehicle Customization and Upfitting 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 an On -Call Maintenance/Repair Services Agreement with Joslin Mobile Inc. for
vehicle customization and upfitting services for a five-year term and a total amount
not -to -exceed $1,045,000, and authorize the Mayor and City Clerk to execute the agreement.
City Council Meeting
January 23, 2024
Page 4
8. 29th Street Public Pier— Award of Contract No. 8821-2 (19H02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) 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. 8821-2 to Swift Slip Dock & Pier Builders, Inc. for the total bid price of
$244,890 for the 29t" Street Public Pier, and authorize the Mayor and City Clerk to execute
the contract; and
d) Establish a contingency of $24,500 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
9. East Coast Highway and San Miguel Drive Pavement Rehabilitation and Evening Canyon
Road Drainage Improvements — Award of Contract No. 8925-2 (23R11)
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 Budget Amendment No. 24-047 appropriating $27,600 in new revenue and
expenditures from Orange County Sanitation District to Account Nos. 13501-431075-23R11
and 13501-980000-23R11, appropriating $1,079,359 in increased expenditures in Account
No. 12101-980000-23R11 from Gas Tax unappropriated fund balance, appropriating
$390,765 in increased expenditures in Account No. 12201-980000-23R11 from Measure M
unappropriated fund balance, appropriating $79,905 in increased expenditures in Account
No. 12601-980000-23R11, and appropriating $76,616 in increased expenditures in Account
No. 13701-980000-23R11 from unappropriated PCH Relinquishment Funds fund balance;
c) Approve the project plans and specifications;
d) Award Contract No. 8925-2 to All American Asphalt for the total bid price of $5,493,934.50
for the East Coast Highway and San Miguel Drive Pavement Rehabilitation and the Evening
Canyon Road Drainage Improvements project, and authorize the Mayor and City Clerk to
execute the contract; and
e) Establish a contingency of $550,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
10. Fire Station Alerting System —Award of Contract No. 9446-1
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 project documents and specifications;
c) Award Contract No. 9446-1 to Pacific Coast Cabling, Inc. for the total bid price of
$171,425.38, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $8,500 (approximately 5% of the bid) to cover the cost of
unforeseen work not included in the original contract.
11. Authorization for Michael Baker International to Complete Final Construction Documents
for the Balboa Island Street and Drainage Improvements (Project No. 22R13)
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) Authorize Michael Baker International to proceed with preparation of final construction
documents, prepare permit applications, and provide construction services (Tasks 3, 4 and
5) of the professional services agreement, Contract No. 8846-1 previously approved by the
City Council on July 26, 2022.
City Council Meeting
January 23, 2024
Page 5
12. Award of On -Call Professional Services Agreements for Vessel Removal, Storage and
Disposal Services to Pacific Towing, LLC and Perry's Truck and Equipment Repair LLC
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 two separate On -Call Professional Services Agreements with Pacific Towing, LLC
and Perry's Truck and Equipment Repair LLC for vessel removal, storage and disposal
services at a not -to -exceed amount of $120,000 and $210,000, respectively, and authorize
the Mayor and City Clerk to execute the agreements.
13. Ground Emergency Medical Transport Intergovernmental Transfer Voluntary
Participation for Calendar Year 2024
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 City of Newport Beach's voluntary participation in the PP-GEMT-IGT program
per AB 1705 for Calendar Year 2024 and authorize the City Manager to execute the Public
Provider Intergovernmental Transfer Program for Ground Emergency Medical
Transportation Services Certification Forms and pay all necessary invoices; and
c) Approve Budget Amendment No. 24-045 increasing anticipated revenues in 01040404-
431027 by $1,159,970 and appropriating $210,882.69 in increased expenditures in Account
No. 01040404-821010 (PP-GEMT-IGT) for Fiscal Year 2023-24 to make the first two
estimated payments to the State under the PP-GEMT-IGT program for Calendar Year 2024.
14. Professional Services Agreement with RMG Communications for On -Call Educational and
Informational Video Production
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 RMG Communications for On -Call
Educational and Informational Video Production at a not -to -exceed amount of $330,000, and
authorize the Mayor and City Clerk to execute the agreement.
MISCELLANEOUS
15. Planning Commission Agenda for the January 18, 2024 Meeting
Receive and file.
16. Financial Statement Audit Results and Related Communication for the Fiscal Year Ended
June 30, 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) Receive and file.
17. Grants and Donations Report for the Quarter Ending December 31, 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) Receive and file.
City Council Meeting
January 23, 2024
Page 6
18. Biannual Update on Homeless Outreach 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) 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 minutes. Before
speaking, please state your name for the record.
XVIII. PUBLIC HEARING
19. Ordinance Nos. 2024-2 and 2024-3 and Resolution Nos. 2024-6 and 2024-7: Authorizing
the Baldwin & Sons Medical Office at 20 Corporate Plaza
a) Conduct a public hearing;
b) Find approval of the project exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 (New Construction or
Conversions of Small Structures) of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3, because the Class 3 exemption includes the conversion of
existing small structures from one use to another where only minor modifications are made
in the exterior of the structure. The exemption also includes additions of up to 10,000 square
feet to an office within an urbanized area on sites zoned for such use if not using a significant
amount of hazardous substances, all necessary public services are available, and the
surrounding area is not environmentally sensitive;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-
2, An Ordinance of the City Council of the City of Newport Beach, California, Approving an
Amendment to the Corporate Plaza Planned Community Development Plan (PC-17) for a
Medical Office Located at 20 Corporate Plaza (PA2022-0158), and pass to second reading
on February 13, 2024;
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-
3, An Ordinance of the City Council of the City of Newport Beach, California, Approving a
Development Agreement fora Medical Office Located at 20 Corporate Plaza (PA2023-0158),
and pass to second reading on February 13, 2024;
e) Adopt Resolution No. 2024-6, A Resolution of the City Council of the City of Newport Beach,
California, Approving a General Plan Amendment for a Medical Office Located at
20 Corporate Plaza (PA2022-0158); and
f) Adopt Resolution No. 2024-7, A Resolution of the City Council of the City of Newport Beach,
California, Approving a Conditional Use Permit for a Medical Office Located at 20 Corporate
Plaza (PA2022-0158).
City Council Meeting
January 23, 2024
Page 6
XIX. 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.
XX. ADJOURNMENT — In memory of Allan Beek
Testimony given before the City Council is recorded.
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