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Home My WebLink About01 - MinutesApril 11, 2023 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Meeting Minutes Study Session and Regular Meeting March 28, 2023 I. ROLL CALL — 4:00 p.m. Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar — None SS2. Presentation: 100 Years of Lifeguarding in Newport Beach Fire Chief Boyles and Assistant Chief O'Rourke utilized a presentation to review the 100 Year Lifeguard Centennial, a 1961 photo of people in a riptide, the "Tide Has Changed" book written in 1968 by a journalist whose daughter nearly drowned, the background and photos of the development of the Lifeguard Department, discuss Ben Carlson, and highlight the Newport Beach Junior Lifeguard program. He shared chat events will be upcoming and encouraged the community to follow the Lifeguard's Instagram for updates. SS3. Capital Improvement Program (CIP) Early Look City Clerk Brown announced she would be recusing herself during discussions relative to the Assessment District Ill Project due to real property interest conflicts. Council Member Kleiman announced she would be recusing herself during discussions relative to the Shorecliff Water Main Replacement Project due to real property interest conflicts. I" Mayor Blom announced he Wuld be recusing himself during discussions relative to Fire Station No. 2 Project, Assessment District 111 and Undergrounding District 22 Projects, including the alley reconstruction, the Peninsula Tidegate Improvement Project, the Balboa Island Water Main Replacement Project, and the Balboa Island Street and Drainage Improvement Project due to real property interest conflicts. Public Works Director Webb and Deputy Public Works Director Houlihan utilized a presentation to discuss the FY 2023-24 CIP, Council goals for the allocation of the CIP, how new projects are selected, significant projects recently completed which totaled $38 million, significant projects under construction which totaled $44 million, and the $103.4 million FY 2022-23 CIP. In response to Mayor Pro Tem O'Neill's question, Deputy Public Works Director Houlihan provided a construction update for the Junior Lifeguard Facility and indicated that, although there was a month delay due to inclement weather, there are efforts to accelerate the timeline. In response to Council Member Avery's question, Deputy Public Works Director Houlihan noted that the scope of damage to roads and parks from the winter rain cycle is ongoing. Public Works Director Webb provided a summary of the rain and wind impact to trees, private property, parks, City infrastructure, roadways, beaches, sand replacement, and harbor dredging. In response to Council Member Stapleton's concern for replacing the beach shower at 56th Street, Public Works Director Webb confirmed that it will be replaced and discussed sand replenishment efforts. Volume 65 - Page 516 City of Newport Beach City Council Meeting March 28, 2023 Deputy Public Works Director Houlihan continued with the presentation to provide a summary of new proposed funding by type, including facilities, streets, and drainage. Public Works Director Webb emphasized that there are a number of other funding sources used for the CIP besides the General Fund. In response to Council Member Weigand's concern, Deputy Public Works Director Houlihan clarified that the City will continue to work with Caltrans to find appropriate work hours for the East Coast Highway Pavement Rehabilitation project. Deputy Public Works Director Houlihan continued with the presentation to review new proposed funding for more street and drainage, transportation, water quality, and environmental projects. In response to Council Member Avery's question, Deputy Public Works Director Houlihan confirmed that the Newport Boulevard and Pacific Coast Highway project is in the design phase, the City is still in discussions with Caltrans and the owne and staff is working to obtain grant funding. Deputy Public Works Director Houlihan contix&e e presentation to review new proposed funding for parks, harbors, and beaches. I In response to Council Member Avery's question, Public Wo Director Webb stated that the Harbor Commission will be involved in the replacement of the Balboa Yacht Basin docks once the design begins. Public Works Director Webb noted additional funds may be needed for sand management on the beaches due to wind damage. A Deputy Public Works Director Houlihan continued with the presentation to discuss the seawall at the Balboa Island ferry landing area, highlight water, wastewater, and fleet electrification program projects, and provide a five-year look ahead of significant projects. James Jansen inquired on the status of the Library Lecture Hall (Witte Hall) project. In response 'to Nancy Scarbrough's question, Public Works Director Webb confirmed that the County is taking the sand from the Talbert Channel to local beaches experiencing erosion problems. tv Jim Mosher commended Public Works for providing the presentation in advance of the meeting, read a portion of Implementation Program 1.1 from the General Plan, expressed concerns and questioned if the City is informed about one and five-year external agency plans, asked how those plans integrate with the City's plans, and wondered if the General Plan directive can be ignored. Charles Fancher listed water -related projects totaling $93.1 million and suggested a long-range project perspective be created that is adaptable to changing future conditions. Korey Kramer, Eagle Four Partners, supported all forms of new investment that elevate Newport Center to its highest potential, recognized the Library Lecture Hall (Witte Hall) as a central part of Newport Beach's civic life and cultural fabric, and thanked Council for their leadership and continued investment in the City. Larry Tucker noted having received high bids for the Library Lecture Hall (Witte Hall), various possible funding sources, a civic auditorium proposal, the building benefits to the City with a portion of the expense funded by other means, and a long-term asset prospective. Volume 65 - Page 517 City of Newport Beach City Council Meeting March 28, 2023 I&VA u l+I" Jill Johnson -Tucker relayed that high labor costs are attributable to the Library Lecture Hall (Witte Hall) expense, shared alternatives and concerns if the project does not move forward, and recognized the building as a civic auditorium with many uses for community gatherings. Mayor Blom thanked the speakers, noted the importance of reinvesting in the City and finding the best way forward, and thanked Public Works. PUBLIC COMMENTS Jim Mosher questioned the City's involvement in Closed Session Item IV.B and why the item has been returned for consideration. He read a portion of Implementation Program 1.1 as it relates to Closed Session Item IV.A and believed the Planning Commission should have held a public discussion regarding the Police Department's proposed location. City Attorney Harp announced that the City Council would adjourn to Closed discuss the items listed on the Closed Session agenda and re d the titles. CLOSED SESSION — After Study Session — Council Ch Conference Room qV N A. CONFERENCE WITH REAL PROPERTY NEG OR (Government Code § 54956.8): 1 matter Property: 1201 Dove Street, Newport Beach, Caliform 427-221-06). City Negotiators: Seimone Jurjis, Whitlinger, Real Property Administrat, Negotiating Parties: Parke Miller. Under Negotiation: Instruction to Ci B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION — ANTICIPATED LITIGATION (Government Code § 54956.9(d)(4)): 2 matters Session to Director and Lauren Wooding -e and terms of payment. SoCal 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 )veals, 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 regarding 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.) RECESSED — 5:10 p.m. RECONVENED AT 5:46 P.M. FOR REGULAR MEETING ROLL CALL Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand Volume 65 - Page 518 City of Newport Beach City Council Meeting March 28, 2023 VIII. CLOSED SESSION REPORT Regarding Closed Session Item IV.B, City Attorney Harp reported that a motion was made by Mayor Pro Tem O'Neill and seconded by Council Member Kleiman to authorize the City to join the amicus brief in support of the Cosa Mesa litigation matters listed on the agenda. IX. INVOCATION — Reverend Dr. Ralph Williamson, Christ Our Redeemer AME Church, Irvine X. PLEDGE OF ALLEGIANCE — Mayor Blom XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Kleiman: • Attended the District 15 Orange County Council of Governments (OCCOG) General Assembly meeting at the Nixon Library, a tour of the new County offices, and meetings with commercial airline stakeholders and Fixed Base Operators (FBOs) at John ayne Airport (JWA) Council Member Stapleton: • Congratulated Mayor Blom on the birth of his da4ghter, Sterlin • Commended Council on the letter that was written to the Californ Air Resources Board regarding the Balboa Ferry • Announced that the Distinguished Citizen Program applications are due March 31, 2023 • Attended the Celebration of Life for David,Grant Council Member Avery: 414W • Met with Seymour Beek to discuss the Balboa Ferry and relayed the need for residents to write letters about the importance this institution for the City and finding a solution so the ferry service can continue • Attended the first in-" n- Orge County Sanitation District Board Meeting in three years Mayor Pro Tem O'Neill: % 1 • Spoke to the Newport Harbor High chool PTA • Judged the Corona del Mar High School Car Show with Mayor Blom and School Board Member Lisa Pearson • Attended the OCCOG %eetifg as a regional transportation panelist and the Newport -Mesa Unified School District (NMUS youth track meet with Council Member Weigand • Complimented the Police Appreciation Breakfast and Hoag Classic event • Announced the Mayor's Egg Race on April 1, 2023 Mayor Blom: • Read the proclamation for International Day of Nowruz XIII. PUBLIC COMMENTS ON CONSENT CALENDAR — None XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 14, 2023 City Council Meeting [I00-20231 Waive reading of subject minutes, approve as amended, 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. Volume 65 - Page 519 City of Newport Beach City Council Meeting March 28, 2023 RESOLUTION FOR ADOPTION 3. Pulled from the Consent Calendar CONTRACTS AND AGREEMENTS 4. Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (Project No. 21R15) - Notice of Completion for Contract No. 7885-2 [381100-2023] 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. 5. Hillsborough Pump Station Rehabilitation - Award of Contract No. 8758-2 (23W12) [381100-2023] 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, California Code of Regulations, Title 14, Chapter 3, 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. 8758-2 to Vicon Enterprise, Inc. for the, bid price of $354,000 for the Hillsborough Pump Station Rehabilitates project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $53,000 (approximately 15 percent of total bid) to cover the cost of unforeseen work not included in the original contract. MISCELLANEOUS 6. Planning Commission A for the March 23, 2023 Meeting [100-2023] Receive and file. e 7. 2022 Annual General Plan and Housing Element Progress Report [100-2023] a) Find the preparation, review and submission of the 2022 General Plan Progress Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; b) Review the 2022 General Plan Progress Report, including the Housing Element Annual Progress Report; anW c) Authorize the submittal of the 2022 General Plan Progress Report to the California Office of Planning and Research and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development. 8. Ground Emergency Medical Transport (GEMT) Quality Assurance Fee (QAF) Payment [100-2023] 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) Approve Budget Amendment No. 23-062 appropriating $215,244.54 in increased expenditures in Account No. 01040404-821009 (GEMT QAF) from the General Fund unappropriated fund balance for mandatory payment of the 2022 Ground Emergency Medical Transport (GEMT) Quality Assurance Fee (QAF). 9. Authorization to Accept Funding from the U.S. Department of Homeland Security Grant Program to Purchase Software Licenses for an Evacuation Planning Tool (C-9238-1) [381100-2023] Volume 65 - Page 520 City of Newport Beach City Council Meeting March 28, 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; b) Accept the $60,000 grant award from the 2021 Homeland Security Grant Program to purchase 10 evacuation software platform licenses for the Orange County Harbor Region and obtain reimbursement from the grant; c) Authorize the City Manager to enter into the SAAS Agreement for Cloud Services with Ladris Technologies, Inc., for a trial term of nine months, not to exceed sixty thousand dollars ($60,000); and d) Approve Budget Amendment No. 23-059 to accept Homeland Security grant funds, increase revenue estimates by $60,000 in account 0103511-431453-G2320, and increase expenditure appropriations by $60,000 in account 0103511-911027-G2320. Motion by Mayor Pro Tern O'Neill, seconded by Council Member Avery, to approve the Consent Calendar, except the item removed (Item 3), and noting the amendments to Item 1. The motion carried unanimously. XV. ITEM REMOVED FROM THE CONSENT CALENDAR 'Ah ' 3. Resolution No. 2023-16: Proclaiming a Local Emergenc ue to the Ongoing Winter Storms and Related Storm Damage [100-2024 Mayor Pro Tem O'Neill emphasized that making the findings for a state of emergency is equally as important as the actions that follow, indicated he pulled the item because he could not make the findings for the ongoing winter storms and related storm damage, stressed the serious nature of declaring a state of emergency, and added that he does not feel the City is incapable of handling what has occurred and will come. In response to Council Member Stapleton's question, City Manager Leung confirmed that the County is currently in a state of emergency and asked cities to prepare a declaration. She confirmed that beach cleanup reimbursement requests would go to the County absent a state of emergency. Council Member Avery expressed the opinion that it is not right to declare a state of emergency without the findings being met because it weakens the government structure and indicated the City should not support it. Motion by Mayor PBIW O'Neill seconded by Council Member Stapleton, to not adopt Resolution No. 2023-16 proclaim a local emergency due to the ongoing winter storms and related storm damage. Council Member Weigand noted the reason for the state of emergency is so the City can directly request Federal Emergency Management Agency (FEMA) and State reimbursement and any other resources without having to rely on the County. Substitute motion by Council Member Weigand, seconded by Council Member Grant, to a) determine this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15269(c) (the activity is necessary to prevent or mitigate an emergency), 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) adopt Resolution No. 2023-16, A Resolution of the City Council of the City of Newport Beach, California, Proclaiming a Local Emergency Due to the Ongoing Winter Storms and Related Storm Damage. Volume 65 - Page 521 City of Newport Beach City Council Meeting March 28, 2023 With Mayor Blom, Mayor Pro Tem O'Neill, and Council Members Avery, Kleiman, and Stapleton voting "no," the substitute motion failed 2-5. With Council Members Grant and Weigand voting "no," the original motion carried 5-2. XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Noting he attended the previous Council meeting, Jamshed Dastur appealed to Council again to extend the payoff date related to the undergrounding project on Balboa Island until after the April 22, 2023 meeting. As a General Plan Advisory Committee (GPAC) member, Jim Mosher invited public input at GPAC subcommittee meetings, stated the Safety Element subcommittee will be meeting on March 30, 2023 at 4:00 p.m., and stated the public can go to the City's online calendar for other subcommittee meeting dates. XVII. MOTION FOR RECONSIDERATION- None XVIII. ADJOURNMENT - Adjourned at 6:14 p.m. in memory of David Grant The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on March 23, 2023, at 4:00 p.m. _ Leilani I. Brown City Clerk VF Noah Blom Mayor Volume 65 - Page 522