HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JANUARY 24, 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 — 6:30 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@newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
JANUARY 24, 2023
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 6:30 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Inclusionary Housing Ordinance
An inclusionary housing ordinance would set the minimum requirement for an applicant to
provide affordable housing units when proposing a residential project. Staff will present an
overview of the inclusionary housing ordinance, its basic requirements, and items to consider
when drafting an ordinance.
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: The American Legion Newport Harbor Post No. 291, located at 215 15th Street, Newport
Beach California, 92663.
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding
Whitlinger, Real Property Administrator.
Negotiating Parties: Evin D. Planto.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 2 Matters
1. Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini,
Human Resources Director, and Charles Sakai, Esq.
Employee Organizations and Unrepresented Employees: Association of Newport Beach
Ocean Lifeguards (ANBOL); Newport Beach Employee League (NBEL); Newport Beach
Lifeguard Management Association (NBLMA); Newport Beach City Employees Association
(NBCEA); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management
Association (NBFMA); Newport Beach Police Association (NBPA); Newport Beach Police
Management Association (NBPMA); Part Time Employees Association of Newport Beach
(PTEANB); Newport Beach Professional and Technical Employee Association (NBPTEA), and
unrepresented employees not in positions designated as Key and Management.
City Council Meeting
January 24, 2023
Page 2
2. Agency Designated Representatives: Noah Blom, Mayor, and William O'Neill, Mayor Pro
Tem.
Unrepresented Employees: Grace Leung, City Manager, Aaron C. Harp, City Attorney, Leilani
Brown, City Clerk, and unrepresented employees in positions designated as Key and
Management.
C. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION -ANTICIPATED LITIGATION
(Government Code § 54956.9(d) (1) and (d) (4)): 2 matters
SoCa/ Recovery, LLC, a California Limited Liability Company et al. v. City of Costa Mesa
United States District Court, Central District of California, Case No. 8:18-cv-01304-JVS-PJW
Ninth Circuit Court of Appeals, Case No. 20-55820
Raw Recovery, LLC, v. a California Limited Liability Company v. City of Costa Mesa
United States District Court, Central District of California, Case No. 8:18-cv-01080-JVS-PJW
Ninth Circuit Court of Appeals, Case No. 20-55870
(The reason for holding a closed session in regards to these matters is for the purpose of conferring
with and/or receiving advice from the City's legal counsel and to receive direction from the City
Council regarding the possible filing and/or participation in an amicus brief.)
V. RECESS
VI. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION
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 adopting a resolution modifying City Council Policy A-1 (City Councio to require
that "Matters which a Council Member has asked to be placed on a Future Agenda" be
primarily focused on issues that directly impact the finances, property, authority, policies,
or interest of the City of Newport Beach and/or finances, property, or rights of the
residents of the City of Newport Beach [O'Neill]
City Council Meeting
January 24, 2023
Page 3
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— 14). 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 January 10, 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.
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2023-6: Supporting Efforts to Eliminate the Threat of Fentanyl to the
Newport Beach Community
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. 2023-6, A Resolution of the City Council of the City of Newport Beach,
California, Supporting Efforts to Eliminate the Threat of Fentanyl to the Newport Beach
Community.
4. Resolution No. 2023-7: Big Canyon Habitat Restoration Project — Phase 3: Adoption of
License Agreement and Design Plan
a) Find this Project exempt from the California Environmental Quality Act ("CEQA") pursuant to
California Public Resources Code Section 21080.56; and
b) Adopt Resolution No. 2023-7, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Big Canyon Habitat Restoration Project Phase 3, Approving a
License Agreement and Memorandum of Understanding with the California Department of
Fish and Wildlife, and Authorizing Submittal of an Application to the California Coastal
Commission (PA2022-034).
CONTRACTS AND AGREEMENTS
5. Newport Beach Mariners Library, Corona del Mar Lifeguard Substation, and Ben Carlson
Lifeguard Headquarters Heating, Ventilation, and Air Conditioning Replacement Project —
Award of Contract No. 8760-1 (22F02)
City Council Meeting
January 24, 2023
Page 4
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Class 1 Section 15301(d) (maintenance of existing public facilities and mechanical
equipment involving no expansion of existing use) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on
the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 8760-1 to Western Allied Corporation for the bid price of $427,497 for
the Newport Beach Mariners Library, CdM Lifeguard Substation, and Ben Carlson Lifeguard
Headquarters HVAC Replacement Project, and authorize the Mayor and City Clerk to
execute the contract; and
d) Establish a contingency of $43,000 (approximately 10 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
6. Goldenrod Pedestrian Bridge Improvements Project — Award of Contract No. 8871-1
(23R12)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Class 1 Section 15301(d) (maintenance of existing public facilities involving no expansion of
existing use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 8871-1 to Diamond Construction and Design for the bid price of
$158,223 for the Goldenrod Pedestrian Bridge Improvements Project, and authorize the
Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $23,000 (approximately 15 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
7. Approval of On -Call Professional Services Agreements for Project Management 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 Professional Services Agreements with Ardurra Group, Inc., DMC
Engineering, and Z&K Consultants, Inc. for professional project management services, with
each agreement being for a term of three years and a total not -to -exceed amount of
$200,000, and authorize the Mayor and City Clerk to execute the agreements.
8. Award of On -Call Plumbing Maintenance and Repair Services Agreements with Pacific
Plumbing of Southern California, Verne's Plumbing, Inc., and ACCO Engineered 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 On -Call Maintenance and Repair Service Agreements with Verne's Plumbing Inc.,
Pacific Plumbing of Santa Ana (dba Pacific Plumbing of Southern California), and ACCO
Engineered Systems Inc., with each agreement being for a term of three years and total not -
to -exceed amount of $200,000 per agreement, and authorize the Mayor and City Clerk to
execute the agreements.
9. Amendment No. 8 to CAD/RMS Software Maintenance Agreement with Superion, 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 Amendment No. 8 to the Software Maintenance Agreement with Superion, LLC of
Lake Mary, Florida, for a not -to -exceed cost of $1,424,012.47 over ten years, and authorize
the Mayor and City Clerk to execute the Amendment.
City Council Meeting
January 24, 2023
Page 5
10. Maintenance/Repair Services Agreement with C3 Office Solutions LLC dba C3 Tech for
Copier Maintenance and Repair 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 C3 Office Solutions LLC dba C3
Tech for copier maintenance services for a five-year term, ending January 25, 2028, and a
total not -to -exceed amount of $260,443.60, and authorize the Mayor and City Clerk to
execute the agreement.
MISCELLANEOUS
11. Planning Commission Agenda for the January 19, 2023 Meeting
Receive and file.
12. Budget Amendment to Accept a Check from the California State Library for Literacy
Services (CLLS) and Appropriate Funds to the Library's FY 2022-23 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 $43,022 from the California State Library for Literacy
Services (CLLS) and approve Budget Amendment No. 23-045 to increase expenditures by
the same amount in the Literacy accounts.
13. Grants and Donations Report for the Quarter Ending December 31, 2022
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.
14. Status on Planning Commission's Efforts Related to Fractional Homeownership
(PA2022-0202)
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.
XVIII. PUBLIC HEARINGS
15. Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5: General Plan Amendment
to Increase the Development Limit for Bay Island
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 - Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, because this project has no potential to have a significant effect on the
environment;
City Council Meeting
January 24, 2023
Page 6
c) Adopt Resolution No. 2023-4, A Resolution of the City Council of the City of Newport Beach,
California, Approving General Plan Amendment No. GP2022-001 to Change the
Development Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling
Units (PA2022-087);
d) Adopt Resolution No. 2023-5, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2022-003
to Change the Development Limit Specified for Bay Island from 23 Dwelling Units to
25 Maximum Dwelling Units (PA2022-087); and
e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2023-1, An Ordinance of the City Council of the City of Newport Beach, California,
Approving Zoning Code Amendment No. CA2022-005 to Change the Development Limit
Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units
(PA2022-087), and pass to second reading on February 14, 2023.
16.Ordinance No. 2023-2: A Code Amendment Updating Accessory Dwelling Unit
Regulations to Implement Council Policy K-4 and to Comply with State Law (PA2021-113)
a) Conduct a public hearing;
b) Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an
ordinance regarding second units to implement the provisions of Sections 65852.1 and
65852.2 of the Government Code are exempt from the requirements of CEQA;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023-
2, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Code
Amendment No. CA2021-005 Amending Section 20.48.200 (Accessory Dwelling Units) of
the Newport Beach Municipal Code to Implement Council Policy K-4 (Reducing the Barriers
to the Creation of Housing) and New State Law Requirements Related to Accessory Dwelling
Units (PA2021-113), and pass to second reading on February 14, 2023; and
d) Adopt Resolution No. 2023-8, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of Local Coastal Program Amendment No. LC2021-003 to
the California Coastal Commission to Amend Section 21.48.200 (Accessory Dwelling Units)
of the Newport Beach Municipal Code to Implement Council Policy K-4 (Reducing the
Barriers to the Creation of Housing) and New State Law Requirements Related to Accessory
Dwelling Units (PA2019-248).
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
Testimony given before the City Council is recorded.
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