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Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA MARCH 14, 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 MARCH 14, 2023 STUDY SESSION — 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 March as American Red Cross Month SS3. Recognition of Newport -Mesa Unified School District (NMUSD) Students SS4. Groundwater Replenishment System Final Expansion Presentation The Utilities Department, along with the Orange County Sanitation District and Orange County Water District, will present information regarding the final expansion and the joint agency efforts to recycle water. 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 ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9 (d)(4)): 1 matter V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL Vill. CLOSED SESSION REPORT IX. INVOCATION — Monsignor Douglas Cook, Our Lady of Mt. Carmel Catholic Church 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. City Council Meeting March 14, 2023 Page 2 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 directing staff to develop a pilot program that allows Newport Beach Community Homeowners Associations, that represent at least 50 homeowners, to install solar powered security cameras, signs and other related improvements in the public right-of-way [O'Neill] 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— 11). 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 February 28, 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. RESOLUTION FOR ADOPTION 3. Resolution No. 2023-15: Reestablishing the Newport Beach City Council Homeless Ad Hoc 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. 2023-15, A Resolution of the City Council of the City of Newport Beach, California, Reestablishing the Newport Beach City Council Homeless Ad Hoc Committee. CONTRACTS AND AGREEMENTS 4. Approval of Amendment No. Two to On -Call Maintenance/Repair Services Agreements with Quality Fence Co., Inc. and Red Hawk Services, Inc. a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. Two to On -Call Fencing Maintenance and Repair Services Agreements with Quality Fence Co., Inc., and Red Hawk Services, Inc. with each agreement being for a two-year term and total not -to -exceed amount of $250,000 per agreement, and authorize the Mayor and City Clerk to execute the agreements. City Council Meeting March 14, 2023 Page 3 5. Approval of Uniform and Floor Mat Service Agreement with Prudential Overall Supply and Authorization to Terminate the Current Agreement with Mission Linen Supply 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) Authorize termination of the Uniform and Floor Mat Service Agreement with Mission Linen Supply according to the terms of the agreement; and c) Approve the Uniform and Floor Mat Service Agreement with Prudential Overall Supply with a five-year term and a total not -to -exceed amount of $250,000, and authorize the Mayor and City Clerk to execute the agreement. 6. Approval of Professional Services Agreement with Tait and Associates for Corporation Yard Fueling Support Facilities and Transfer Station Improvements (Project No. 20F14) 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 Tait and Associates of Santa Ana for design services of the Corporation Yard Fueling Support Facilities and Transfer Station Improvements Project (Project) for a not -to -exceed amount of $672,932, and authorize the Mayor and City Clerk to execute the Agreement. 7. Belcourt Park and Bonita Canyon Residential Refuse Collection Service 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) Direct staff to establish residential refuse service with the Belcourt Park and the Bonita Canyon neighborhoods, provided they are willing, under the existing Agreement for the Collection, Transportation, Processing and Diversion of Residential Recyclable Materials, Food Scraps, Green Waste and Collection, Transportation and Disposal of Municipal Solid Waste between the City of Newport Beach and CR&R Inc. (Contract No. 8823-1), including requiring payment of the current $6.77 per household per month Recycling Service Fee; and c) Assign authority to the City Manager to approve and execute the necessary contract documents with CR&R Inc. so as to provide residential refuse collection and recycling to the Belcourt Park and the Bonita Canyon neighborhoods. 8. Amendment No. Three to Professional Services Agreement with Sampson Oil Company for Oil Well 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 Amendment No. Three to the Professional Services Agreement with Sampson Oil Company for Oil Well Management Services, which extends the contract for one additional year to July 31, 2024 and increases the total not -to -exceed contract amount by $750,000, and authorize the Mayor and City Clerk to execute the Agreement. 9. Professional Services Agreement for On -Site Mobile Car Washing and Detailing Services for Police Vehicles 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 Leonardo Bustos Benitez, dba City Detail of Anaheim, California to provide on -site vehicle washing and detailing services for a three (3) year term in an amount not -to -exceed $305,106 with the option to extend for two (2) additional successive terms of one (1) year each for a total not -to -exceed cost of $509,303, and authorize the Mayor and City Clerk to execute the Agreement. City Council Meeting March 14, 2023 Page 4 MISCELLANEOUS 10. Planning Commission Agenda for the March 9, 2023 Meeting Receive and file. 11. Acceptance of Proposition 69 Reimbursement 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 Budget Amendment No. 23-056 accepting Proposition 69 funds in the amount of $37,406.15 as reimbursement for the purchase of specified crime scene and evidence processing equipment and appropriating $37,406.15 in increased expenditures in Account No. 01035355-841015. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR K4011111111111111211111 N[@Kde]►TiI LTA l=101k&K67Z101[sP►IFT&I:1iU7_\III I=1►7iK 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. CURRENT BUSINESS 12. Code Update Recommendations Related to Fractional Homeownership (PA2022-0202) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15262 of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Receive presentation and provide staff direction related to code revisions. 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. 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