City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA JANUARY 28, 2025 COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED SESSION - 4:00 P.M. REGULAR MEETING - 5:00 P.M. JOE STAPLETON, Mayor LAUREN KLEIMAN, Mayor Pro Tem MICHELLE BARTO, Councilmember ROBYN GRANT, Councilmember NOAH BLOM, Councilmember SARA J. WEBER, Councilmember ERIK WEIGAND, Councilmember GRACE LEUNG, City Manager AARON C. HARP, City Attorney LEILANI 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 five hundred dollars ($500) 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 before or after the time given. This agenda was prepared by the City Clerk. Copies of the staff reports and supporting materials are on file with the City Clerk and are available for public inspection and copying at the City Clerk’s Office or online at newportbeachca.gov/agendas. For questions or to request copies of any staff reports or other documentation related to items on this agenda, please contact the City Clerk’s Office at 949-644-3005. The City of Newport Beach’s goal is to fully comply with the Americans with Disabilities Act (ADA). If you require special assistance to participate in this meeting, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk staff prior to the meeting at 949-644-3005 or cityclerk@newportbeachca.gov so that reasonable accommodations can be made.  City Council Meeting January 28, 2025 Page 2 I. ROLL CALL - 4:00 p.m. II. 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 REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 3848 Campus Drive, Newport Beach, CA 92660 (Assessor Parcel Number 427-151-08). City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Whitlinger, Real Property Administrator. Negotiating Parties: John Saunders and Robert McDonald on behalf of 3848 Campus Drive LP. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human Resources Director, and Jonathan Holtzman, Esq., Negotiators. Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); and Part Time Employees Association of Newport Beach (PTEANB). IV. RECESS  City Council Meeting January 28, 2025 Page 3 V. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION - Reverend Ray Jordan, Corona del Mar Community Church IX. PLEDGE OF ALLEGIANCE X. PRESENTATIONS • Proclamation to the Trauma Intervention Program (TIP) of Orange County • History of Corona del Mar by Paul Wormser 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 creating an ad hoc committee to review applications for the public service programs funded by Community Development Block Grant (CDBG) on an annual basis [Kleiman and Weber] XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 16). 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.  City Council Meeting January 28, 2025 Page 4 XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the January 14, 2025 City Council Waive reading of subject minutes, approve as written, and order filed. Minutes Written Comments 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. 2025-6: Resolution of Intention to Conduct a Public Hearing to Consider Granting Non-Exclusive Commercial Solid Waste and Divertible Materials Handling Franchises to BC Hauling and Demolition, California Waste Services LLC, and Tim Greenleaf Engineering 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. 2025-6, 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. Staff Report Attachment A - Resolution No. 2025-6 Attachment B - Sample Agreement CONTRACTS AND AGREEMENTS 4. West Coast Highway Joint Manhole & Valve Adjustments (Project No. 24R09) - Notice of Completion for Contract No. 9417-1 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. Staff Report Attachment A - Location Map  City Council Meeting January 28, 2025 Page 5 5. Central Library Air Handler Replacement - Award of Contract No. 9691-1 (25F02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) 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. 9691-1 to MEP Fusion Inc., for the total bid price of $1,199,500 for the Central Library Air Handler Replacement, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $180,000 (approximately 15% of total bid) to cover the cost of unforeseen work not included in the original contract. Staff Report Attachment A - Location Map Attachment B - MEP Fusion Protest Letter Attachment C - Seacliff Mechanical Services Protest Letter Attachment D - Response to Protest (MEP Fusion) Attachment E - Response to Protest (Seacliff Mechanical Services) On the Agenda 6. Bay Crossing Water Transmission Main and Sewer Force Main Rehabilitation - Award of Contract No. 8487-3 (16W12) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no expansion of capacity) 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. 8487-3 to TE Roberts, Inc. for the total bid price of $1,591,138 for the Bay Crossing Water Transmission Main and Sewer Force Main Rehabilitation project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $300,000 (approximately 20% of total bid) to cover the cost of unforeseen work not included in the original contract. Staff Report Attachment A - Location Map Written Comments  City Council Meeting January 28, 2025 Page 6 7. Approval of Amendment No. Two to Professional Services Agreement with Corrpro Companies, Inc. for Cathodic Protection Program, Contract No. 9483-1 (24W11) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c), Class 2 (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) Approve Amendment No. Two to Professional Services Agreement with Corrpro Companies, Inc. (Contract No. 9483-1) for additional design services with an increased not-to-exceed amount of $138,755 for a total not-to-exceed amount of $247,610, and authorize the Mayor and City Clerk to execute the amendment. Staff Report Attachment A - Amendment No. 2 Written Comments 8. Approval of Amendment No. One to Residential Solid Waste Collection & Recycling Contract (Contract No. 8823-1) with CR&R Inc. - Addition of 5% De-Escalation Maximum 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) Approval of Amendment No. One to the Residential Solid Waste Collection & Recycling Agreement with CR&R Inc. to add a 5% rate de-escalation maximum. Staff Report Attachment A - Amendment No. One Written Comments  City Council Meeting January 28, 2025 Page 7 9. Approval of an On-Call Professional Services Agreement with Partners in Control dba Enterprise Automation for SCADA System 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 Professional Services Agreement with Partners in Control, Inc., dba Enterprise Automation to provide SCADA System Services for a five-year term and a total contract compensation amount of $1 million, and authorize the Mayor and City Clerk to execute the Agreement. Staff Report Attachment A - Agreement 10. Approve Professional Services Agreement with Environmental Compliance Inspection Services Corp. for Grease Control Device Inspection 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 Professional Services Agreement with Environmental Compliance Inspection Services Corporation for the grease control device inspection program for a five-year term and a total contract compensation amount of $450,000, and authorize the Mayor and City Clerk to execute the agreement. Staff Report Attachment A - Agreement Written Comments 11. Purchase of Police Patrol 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 the purchase of three Ford Explorer police patrol vehicles from the National Auto Fleet Group of Watsonville using Sourcewell cooperative pricing and authorize the City Manager to execute a purchase order in the amount of $173,311.80. Staff Report Attachment A - Quote  City Council Meeting January 28, 2025 Page 8 12. Lease Agreement with Basin Marine, Inc. for Use of a Portion of the Real Property and Tidelands at the Balboa Yacht Basin Located at 829 Harbor Island Drive a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or Reconstruction) 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) Authorize the City Manager and City Clerk to execute the Lease Agreement Between the City of Newport Beach and Basin Marine, Inc. for use of a portion of the City property known as the Balboa Yacht Basin at 829 Harbor Island Drive, in a form substantially similar to the agreement attached to the staff report; and c) Approve a waiver of City Council Policy F-7 - Income and Other Property based on the findings contained in the staff report and the Agreement, that conducting an open bid process or changing the tenant would result in excessive vacancy, and that charging less than fair market rent promotes the City’s goals to provide essential or unique services to the community, that cannot otherwise be provided if full market rates were charged, and based on the unique services provided by the tenant. Staff Report Attachment A - Lease Agreement Attachment B - Existing Lease Agreement Attachment C - Lease Renewal Request Letter Attachment D - City Council Policy F-7 Attachment E - Appraisal Report Written Comments  City Council Meeting January 28, 2025 Page 9 13. License Agreement with The Regents of the University of California for Operation of a Coastal Observation System at the Newport Pier a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or Reconstruction) 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) Authorize the City Manager and City Clerk to execute the License Agreement between the City of Newport Beach and The Regents of the University of California for operation of a coastal observation system on City property, on the Newport Pier located at 1 Newport Pier, in a form substantially similar to the amendment attached to the staff report; and c) Approve a waiver of City Council Policy F-7 - Income and Other Property based on the findings contained in this staff report and the Agreement, that charging less that fair market rent promotes the City’s goals to provide essential or unique services to the public, that cannot otherwise be provided if full market rates were charged. Staff Report Attachment A - License Agreement Attachment B - City Council Policy F-7 On the Agenda Written Comments MISCELLANEOUS 14. Planning Commission Agenda for the January 23, 2025 Meeting Receive and file. Planning Commission Action Report Planning Commission Agenda Written Comments  City Council Meeting January 28, 2025 Page 10 15. Budget Amendment to Accept Grant Funding from the 2025 Hoag Memorial Hospital Presbyterian Community Benefit Program for the OASIS Transportation Program 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 grant funding in the amount of $50,000 from Hoag Memorial Hospital Presbyterian Community Benefit Program and approve Budget Amendment No. 25- 050 to increase revenues by the same amount in 0107033-511045 (OASIS Transportation). Staff Report Attachment A - Grant Award Letter Attachment B - Check Attachment C - Budget Amendment On the Agenda 16. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the City Council 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 the report. Staff Report Attachment A - Memo Written Comments ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED  City Council Meeting January 28, 2025 Page 11 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. CURRENT BUSINESS 17. Appointment of a Parks, Beaches and Recreation Commissioner to Fill an Unscheduled Vacancy 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) Appoint Kelly Denner or Travis Pirdy to fill the vacancy on the Parks, Beaches and Recreation Commission for a term that expires on June 30, 2025. Staff Report Attachment A - Applications On the Agenda Correspondence 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 Testimony given before the City Council is recorded. 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