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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
AUGUST 23, 2022
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION FOLLOWS NEWPORT BEACH PUBLIC FACILITIES CORPORATION —
4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 5:30 P.M.
KEVIN MULDOON, Mayor
NOAH BLOM, Mayor Pro Tern
BRAD AVERY, Council Member
JOY BRENNER, Council Member
DIANE B. DIXON, Council Member
DUFFY DUFFIELD, Council Member
WILL O'NEILL, 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.
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.. 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 citvclerk6d�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
AUGUST 23, 2022
STUDY SESSION FOLLOWS NEWPORT BEACH PUBLIC FACILITIES CORPORATION
- 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 5:30 P.M.
I. ROLL CALL — 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation Recognizing International Literacy Day
SS3. Proclamation Recognizing Hunger Action Month
SS4. Discussion of Current and Potential Regulations, Education and Outreach Related to
Electric Bicycles
Staff will discuss current regulations, enforcement and education efforts related to electric
bicycles and potential measures to improve user awareness and operation.
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 92660 (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.
V. RECESS
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
City Council Meeting
August 23, 2022
Page 2
IX. INVOCATION — Pastor Josh Hahne, Redeemer Presbyterian Church, 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. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 17). 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 July 26, 2022 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.
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2022-52: Approving Side Letter Agreements with the Labor Groups
Representing City Employees, Approving an Amendment to the Key and Management
Compensation Plan and Amending the City's Salary Schedules
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. 2022-52, A Resolution of the City Council of the City of Newport Beach,
California, Approving Side Letter Agreements with the Labor Groups Representing City
Employees, Approving an Amendment to the Key and Management Compensation Plan and
Amending the City's Salary Schedule; and
c) Approve Budget Amendment No. 23-010 appropriating $891,835.80 to various salary and
benefit expenditure accounts from the unappropriated fund balance of various City funds.
City Council Meeting
August 23, 2022
Page 3
4. Resolution No. 2022-55: Resolution of Intention to Conduct a Public Hearing to Grant New
Non -Exclusive Solid Waste Franchises
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. 2022-55, A Resolution of the City Council of the City of Newport Beach,
California, Declaring Its Intention to Conduct a Public Hearing to Consider Granting
Non -Exclusive Commercial Solid Waste and Divertible Materials Handling Franchises.
5. Resolution No. 2022-53: Amending the Annual Parking Permit, Master Parking Permit, and
Overnight Parking Permit 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) Adopt Resolution No. 2022-53, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Annual Parking Permit, Master Parking Permit, and Overnight
Parking Permit Systems Re -Established by Resolution Nos. 2011-109, 2011-110, and 2011-
111, to Add General Eligibility Criteria and Procedures for Permit Revocation.
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6. Street Pavement Repair Program (Project No. 22R03) — Notice of Completion for Contract
No. 8792-1
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.
7. Approval and Award of Three Maintenance and Repair Services Agreements for
As -Needed Electrical 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 three separate on -call Maintenance and Repair Services Agreements for three-year
terms with Academy Electric Inc., Bay Shore Electric Inc., and A.C. Pozos Electric Corp. at
a total not -to -exceed amount of $164,000 per agreement, and authorize the Mayor and City
Clerk to execute the agreements.
8. Approval and Award of Three Maintenance and Repair Services Agreements for
As -Needed Painting 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 On -call Maintenance and Repair and Painting Service Agreements with Astro
Painting Co., Inc., Piana Construction & Painting, Inc., and JLE Painting, with each
agreement being for a three-year term and total amount not -to -exceed $164,000, and
authorize the Mayor and City Clerk to execute the agreements.
City Council Meeting
August 23, 2022
Page 4
9. Approval of Professional Services Agreement with GMU Geotechnical, Inc., (Contract No.
8906-1) for Pavement Management Program (Project No. 23R01)
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 GMU Geotechnical, Inc. of Rancho Santa
Margarita, California, for Pavement Management Program Services for a not -to -exceed
amount of $159,346, and authorize the Mayor and City Clerk to execute the Agreement.
10. Approval of Amendment No. Four to Janitorial Services Agreement with Universal
Building Maintenance, LLC dba Allied Universal, Amendment No. One to Janitorial
Services Agreement with Ed Building Maintenance, and a new Janitorial Services
Agreement with Kleenway Services, Inc.
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 Amendment No. Four to the Janitorial Services Agreement with Universal Building
Maintenance, LLC dba Allied Universal to increase the total not -to -exceed amount by
$315,000 for a total not -to -exceed amount of $3,103,164.76, and extend the term for three
months to December 31, 2022;
c) Approve Amendment No. One to the Janitorial Services Agreement with Ed Building
Maintenance to increase the total not -to -exceed amount by $300,000 for a total not -to -
exceed amount of $2,715,000, and extend the term for four months to December 31, 2022;
d) Approve Janitorial Services Agreement with an effective date of November 1, 2022, for a
five-year term with two one-year extensions, with Kleenway Services Inc. for Janitorial
Services at City Facilities, Park and Beach Restrooms and the Provision of Paper Goods and
Soap Supply Services at a total not -to -exceed amount of $14,760,000; and
e) Authorize the Mayor and City Clerk to execute the Agreement and Amendments.
11. Approval of Amendment No. One to the Newport Beach Public Library Lecture Hall
Memorandum of Understanding with the Newport Beach Public Library Foundation, and
Approval of a Naming Rights Donation Agreement
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 First Amendment to the Memorandum of Understanding between the City of
Newport Beach and the Newport Beach Public Library Foundation Related to Fundraising
for the Library Lecture Hall Project;
c) Approve the Newport Beach Public Library Lecture Hall Naming Rights Donation Agreement
between the City of Newport Beach, the Newport Beach Public Library Foundation, and
William A. Witte and Keiko Sakamoto; and
d) Waive Council Policy B-9 (Naming of City Parks and Facilities) and B-17 (Parks, Facilities
and Recreation Program Donations) for the naming of the exterior of the Library Lecture Hall.
12. Award of On -Call Maintenance/Repair Services Agreement with Sancon Engineering, Inc.
for Sewer Manhole Lining 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 the Maintenance/Repair Services Agreement with Sancon Engineering, Inc. for
sewer manhole lining services, for a three-year contract with a total contract compensation
amount of $280,000, and authorize the Mayor and City Council to execute the Agreement.
City Council Meeting
August 23, 2022
Page 5
13. Amendment No. One to Temporary Employment Agreement with Soon Cho
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 the Mayor and the Community Development Director to execute Amendment
No. One to the Post Retirement Temporary Employment Agreement with retired employee
Soon Cho.
14. Amendment No. One to Professional Services Agreement Extension with Willdan
Engineering for Code Enforcement 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. One to Professional Services Agreement with Willdan Engineering
for Code Enforcement Services and authorize the Mayor and the City Clerk to execute the
Amendment.
15. Tentative Agreement with the Association of Newport Beach Ocean Lifeguards (ANBOL)
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 consider the Tentative Agreement between the City of Newport Beach and the
Association of Newport Beach Ocean Lifeguards.
16. Agreement with All -City Management Services, Inc. for Crossing Guard 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 a Services Agreement with All -City Management Services, Inc. of Santa Fe Springs,
California for crossing guard services in an amount not to exceed $1,859,566.00, and
authorize the Mayor and City Clerk to execute the Agreement; and
c) Approve Budget Amendment No. 23-011 appropriating $61,212 in increased expenditures in
Account No. 01035354-811008 from the unappropriated General Fund balance.
MISCELLANEOUS
17. Response to the 2021-2022 Orange County Grand Jury Report "Where's the Fire? Stop
Sending Fire Trucks to Medical Calls"
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 the Mayor to sign the cover letter and remit the responses of the City of Newport
Beach and Fire Chief to the Presiding Judge of the Orange County Superior Court.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
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.
City Council Meeting
August 23, 2022
Page 6
XVII. PUBLIC HEARINGS
18. Resolution No. 2022-54: Appeal of Coastal Development Permit No. CD2021-081 to Allow
the Construction of a Single -Family Residence on Bay Island (PA2021-305)
a) Conduct a de novo public hearing;
b) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, because it has no potential to have a significant effect on the environment;
and
c) Adopt Resolution No. 2022-54, A Resolution of the City Council of the City of Newport Beach,
California, Upholding the Decision of the Planning Commission and Approving Coastal
Development Permit No. CD2021-081 to Allow the Construction of a Single -Family
Residence and Authorizing an Adjustment to the Off -Street Parking and Height
Requirements Consistent with Use Permit No. UP3618 for the Property Located at 20 Bay
Island (PA2021-305).
19. Ordinance No. 2022-18: A Code Amendment Updating Density Bonus Regulations to
Comply with State Law (PA2020-032)
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
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;
c) Waive full reading, direct the City Clerk to read by title only, introduce
Ordinance No. 2022-18, An Ordinance of the City Council of the City of Newport Beach,
California, Adopting Zoning Code Amendment No. CA2020-004 Amending Chapter 20.32
(Density Bonus) and Other Related Provisions of the Newport Beach Municipal Code Related
to Density Bonuses to Comply with State Law (PA2020-032) and pass to second reading on
September 13, 2022; and
d) Adopt Resolution No. 2022-56, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-004 to
the California Coastal Commission to Amend Title 21 (Local Coastal Program
Implementation Plan) of the Cit of Newport Beach Municipal Code Related to Density
Bonuses to Comply with State Law (PA2020-032).
XVIII. CURRENT BUSINESS
20. Newport Beach Junior Lifeguard Building Project - Award of Construction Contract No.
7524-2 (19F13) and Approval of Amendment No. Four to Professional Services Agreement
with Jeff Katz Architects Inc. for Construction Support Services
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 (In -Fill Development Projects) of the CEQA Guidelines. This exemption
applies to in -fill development projects in urban areas that are consistent with the General
Plan and applicable development standards;
b) Approve the project plans and specifications;
c) Approve Budget Amendment No. 23-012 to increase revenue by $301,000 in the Capital
Improvement Program Contribution Fund for the Junior Lifeguard Building Project account,
13501-561005-19F13 and to increase expenditure appropriations by the same amount in
Account No. 13501-980000-19F13 and to transfer $1,600,991 of American Rescue Plan Act
(ARPA) funds to Account No. 16601-980000-19F13 from the Central Library Lecture Hall
project - Account No. 16601-980000-19F11;
d) Award Contract No. 7524-2 to TELACU Construction Management, Inc. for the total bid price
of $6,430,000 and authorize the Mayor and City Clerk to execute the contract;
City Council Meeting
August 23, 2022
Page 7
e) Establish and encumber a contingency of $643,000 (10 percent of the total bid) to cover the
cost of unforeseen work not included in the original contract; and
f) Approve Amendment No. Four to the Agreement with Jeff Katz Architects Inc. to increase
the fee amount by $68,000 for construction support services for a total not -to -exceed contract
amount of $581,000, and authorize the Mayor and City Clerk to execute the Agreement.
21. Approval of Two -Year Amendment to Grant Agreement with Trellis International
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 Amendment No. One to the Grant Agreement with Trellis International (C-8769-1)
to increase the total grant amount by $100,000 for a total grant award of up to $130,000 and
extend the term by two years to September 14, 2024; and
c) Authorize the Mayor and City Clerk to execute the agreement.
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 Council Members who voted with the prevailing
side.
XX. ADJOURNMENT — In memory of Salvador Avila
Testimony given before the City Council is recorded.
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