HomeMy WebLinkAbout02/22/2022 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
February 22, 2022
ROLL CALL - 4:00 p.m.
City Clerk Brown announced that Council Member Duffield was participating from a
teleconference location pursuant to Government Code Section 54953(b) - 4346 Sunrise Drive,
Eden, Utah.
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield
Absent: Council Member Will O'Neill (excused)
II. CURRENT BUSINESS
SSL Clarification of Items on the Consent Calendar — None
SS2. Orange County Housing Finance Trust Update
Grant Henninger, Orange County Housing Finance Trust (OCHFT), utilized a presentation to
review OCHFT's overview, mission, vision, accomplishments, goals, development tracking,
annual funding sources, and future plans.
In response to Council questions, Mr. Henninger indicated that OCHFT's biggest challenge is
long-term funding, reported they are halfway to reaching the 2,700 affordable housing unit goal,
discussed State funding allocation and budget expectations, local funding sources from the
California Department of Housing and Community Development (HCD), and the expected
construction completion timing for the Buena Park project, confirmed financial assistance for
developers, explained rent restrictions per financing source, service provider relationships, and
the viability of long-term funding streams for services and construction, confirmed the high costs
related to purchasing land, offered developers a creative solution, noted tax credit challenges
and changes, and expressed interest in speaking with prospective donors.
SS3. Update on City Crime Statistics
Police Chief Lewis introduced Deputy Chief Cartwright, Deputy Chief Rasmussen, and Senior
Crime Analyst Kondo, and utilized a presentation to review 2021 crime statistics, anticipated
challenges, and crime trends, and discussed Uniform Crime Reports (UCR), Part One Crimes,
2021 year-to-date crimes by category, and 2021 versus 2020 violent crime and property crime
comparisons.
In response to Council questions, Police Chief Lewis and Deputy Chief Cartwright relayed
heightened public awareness of property crimes, acknowledged the influence on public
perception due to social media, reported a decrease in property crime reports in January 2022
compared to January 2021, discussed forecasting challenges, theft/larceny category inclusions,
and arrest approach and philosophy, and commented on Propositions 47 and 57, Assembly Bill
109, and enforcement processes.
Police Chief Lewis continued the presentation to review property crime by category, entry types,
and historical crime and arrest data.
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In response to Council questions, Police Chief Lewis indicated that total arrests are tracked as
an aggregate number and not as a percentage of crimes to arrests, reported no changes in
enforcement procedures with Proposition 47, noted a high enforcement profile related to crime,
explained crime volume relative to environment, and reported low crime volume in the City.
Deputy Chief Cartwright utilized a presentation to report on the South American theft group,
national threats, and home invasions and apprehensions, as well as security recommendations.
Police Chief Lewis compared career criminal arrest cycles and persistent offenders.
Police Chief Lewis and Deputy Chief Rasmussen utilized a presentation to discuss regional theft
groups in retail and residential settings, and highlighted intent, data, and patrol efforts leading
to an arrest.
In response to Council questions, Police Chief Lewis reviewed the bail system, effective tactics,
arrest benefits, related challenges, tented residence burglaries, security recommendations, and
criminal behaviors, reported on smash and grab incidents, expressed optimism for improved
homelessness and innovative mental health programs and partnerships, described cyclical
arrests and penalties, enforcement ethics, and challenges with addressing loud or racing
vehicles, and encouraged residents to call the non -emergency Newport Beach Police Department
phone number to report incidents. He further relayed the Police Department's response
capabilities, vehicle behaviors, task force partnerships, enforcement campaigns and operations
related to traffic quality of life issues, and acknowledged the community's appreciation and
support for the Police Department.
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Nancy Gardner suggested that the City generate a plan to address sea -level rise and relayed
uncertainties and advantages of having a plan in place.
An unidentified speaker shared an audio recording of night work at the corner of Jamboree Road and
Pacific Coast Highway, and took issue with the lights and sounds throughout the late evening and early
morning hours.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the item listed in the Closed Session agenda, read the titles, and indicated he will be
recusing himself on Item IV.B due to personal financial interests.
IV. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human
Resources Director, and Charles Sakai, Esq., Negotiators.
Employee Organizations: Newport Beach Police Management Association (NBPMA) and
Association of Newport Beach Ocean Lifeguards (ANBOL).
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Kevin Muldoon, Mayor, and Noah Blom, Mayor Pro Tem.
Unrepresented Employee: Aaron C. Harp, City Attorney.
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V. RECESSED - 5:18 p.m.
VI. RECONVENED AT 5:51 P.M. FOR REGULAR MEETING
VII. ROLL CALL
City Clerk Brown announced that Council Member Duffield was participating from a
teleconference location pursuant to Government Code Section 54953(b) - 4346 Sunrise Drive,
Eden, Utah.
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield
Absent: Council Member Will O'Neill (excused)
VIII. CLOSED SESSION REPORT - None
IX. INVOCATION - Reverend Sadie Cullumber, Harbor Christian Church
X. PLEDGE OF ALLEGIANCE - Council Member Dixon
X1. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Dixon:
• Utilized a slide to announce a District 1 and District 6 Joint Town Hall Meeting on March 3, 2022,
in the Civic Center Community Room
• Provided a Civic Center tour to Girl Scout Troop 6365 with Council Member Brenner
• At Council Member Dixon's request, Community Development Director Jurjis provided an update
related to Short -Term Lodging (STL)
• Announced an Aviation Committee meeting on February 28, 2022
• Extended condolences to the family of Huntington Beach Police Officer Nicholas Vella
Council Member Brenner:
• Together with Council Member Dixon, provided a Civic Center tour to Girl Scout Troop 6365 who
are fourth graders from Mariners Elementary School
• Commented on the success of the STL program and requested a future agenda item to discuss the
transferability of STL permits
• Announced the Group Residential Use Community Update Meeting on March 10, 2022, and listed
the expected attendees
Mayor Pro Tem Blom:
• Attended the Balboa Island monthly meeting at the Balboa Island Fire Station, and the Newport
Aquatic Center (NAC) President's Day Regatta in Long Beach and announced there were many
first -place winners
Mayor Muldoon:
• Requested a future agenda item to consider supporting the City of Huntington Beach creating a
memorial for Huntington Beach Police Officer Nicholas Vella in the City of Newport Beach
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR - None
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XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the January 29, 2022 Planning Session and February 8, 2022 City Council
Meeting [100-2022]
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.
RESOLUTION FOR ADOPTION
Resolution No. 2022-16: Notice of Intent to Comply with SB 1383 Pursuant to SB 619 [100-
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) Adopt Resolution No. 2022-16, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal to CalRecycle of a Notification of Intent to Comply, Seeking
Administratiue Penalty Relief Related to State Mandated Multi -Family Residential Organic
Waste Diuersion Requirements.
CONTRACTS AND AGREEMENTS
4. Approval of Maintenance and Repair Services Agreement for Graffiti Abatement
Services with Superior Property Services, Inc. (C-8839-1) [381100-2022]
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) Approve the Maintenance and Repairs Services Agreement with Superior Property Services,
Inc., for graffiti abatement services, with a total contract compensation amount of $860,000 over
a five-year contract term, and authorize the Mayor and City Clerk to execute the Agreement.
5. Approval of Agreement for On -Call Building Maintenance and Repair Services with
Carmody Construction Services, Inc. (C-8480-2) and Ramco Construction Services, Inc.
(C-8288-3) [381100-2022]
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) Approve On -Call Building Maintenance and Repair Service Agreements with Carmody
Construction Services, Inc. and Ramco Construction Services, Inc. for three-year terms and a
total not -to -exceed amount of $150,000 per agreement, and authorize the Mayor and City Clerk
to execute the agreements.
6. Uniform Services — Approval of Uniform and Floor Mat Service Agreement with Mission
Linen Supply (C-8838-1) [381100-2022]
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) Approve a five-year agreement with Mission Linen Supply for uniform services, for a total
not -to -exceed amount of $250,000.00, and authorize the Mayor and City Clerk to execute the
agreement.
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7. Professional Services Agreement for Citation Processing, Parking Permit Processing,
Parking Adjudication Support Services, Parking Citation Issuance Hardware, and
Citation Collections Services (C-8027-2) [38/100-2022]
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) Approve and authorize the Mayor and City Clerk to execute the Professional Services
Agreement with Turbo Data Systems, Inc. for a not -to -exceed amount of $1,403,221 over a
five-year contract term.
8. Tentative Agreement with the Part Time Employees Association of Newport Beach
(PTEANB) (C-3362) [381100-2022]
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 consider the Tentative Agreement between the City and the Part Time Employees
Association of Newport Beach.
MISCELLANEOUS
9. Planning Commission Agenda for the February 17, 2022 Meeting [100-2022]
Receive and file.
10. Fiscal Year 2021-22 Second Quarter Financial Report [100-2022]
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;
b) Approve Budget Amendment No. 22-040, transferring $31,764 from the General Fund to the
Information Technology Internal Service Fund; and
c) Receive and file the report of budget amendments for the second quarter.
Motion by Mayor Pro Tem Blom, seconded by Council Member Dixon, to approve the Consent
Calendar; and noting the amendments to Item 1.
With Council Member O'Neill absent, the motion carried 6-0.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher recommended amendments to City Council Policy A-1 to clarify public comment guidelines
and add a provision for posting tentative agenda items in advance.
Patricia Ann Litten discussed her ownership of a property that had been designated R-2 since 1965,
outlined the timeline of land use designation changes, and noted the City's responsibility to correct
property titles and notify the Orange County Tax Assessor of changes, and requested the City
grandfather her property into the R-1 designation.
Nicholas Earnhart proposed beach signage, funding, and public education in support of sharing the
shore with wildlife, recounted beach observations relative to wildlife and shore bird treatment, reported
a petition and study in cooperation with Audubon's Share the Shore campaign, and referenced the
Migratory Bird Treaty Act.
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XVII. PUBLIC HEARING
11. Ordinance Nos. 2022-5 and 2022-6: Amending Title 20 and Title 21 of the Newport Beach
Municipal Code Related to Accessory Dwelling Units (PA2019-248) [100-20221
Council Member Brenner recused herself due to real property interest conflicts.
Community Development Director Jurjis and Principal Planner Murillo utilized a presentation to
recap Zoning Code and Local Coastal Program (LCP) Amendments related to Accessory Dwelling
Units (ADUs), announce a community workshop on March 9, 2022, and highlight the California
Coastal Commission (CCC) suggested amendment modifications, options for ADU development, and
staff recommendations.
In response to Council Member Dixon's questions, Principal Planner Murillo confirmed that
non -permitted garages and granny structures are included in the flexible conversion provision,
discussed ADU pending permits, and reviewed the Regional Housing Needs Assessment (RHNA)
count.
Mayor Muldoon opened the public hearing.
Jim Mosher questioned prohibiting separate ADU sales for nonprofit organizations, highlighted
recent State law changes and a potential conflict in the draft revisions, and explained that staff is
required to submit the adopted ordinance to HCD for review.
An unidentified speaker requested clarification relative to occupancy limits per ADU and
enforcement procedures.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
Community Development Director Jurjis explained that ADU occupant counts are governed by the
Building Code and discussed enforcement steps for overcrowding.
Motion by Mayor Pro Tem Blom seconded by Council Member Dixon, to a) find this project
statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section
21080.17 of the Public Resource Code and 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; b) waive
full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-5, An
Ordinance of the City Council of the City of Newport Beach, California, Adopting Revisions to Zoning
Code Amendment No. CA2019-009 Amending Title 20 (Planning and Zoning) of the City of Newport
Beach Municipal Code Related to Accessory Dwelling Units and Junior Accessory Dwelling Units for
Consistency with the California Coastal Commission's Modifications and State Law (PA2019-248),
and pass to second reading on March 8, 2022; and c) waive full reading, direct the City Clerk to read
by title only, introduce Ordinance No. 2022-6, An Ordinance of the City Council of the City of
Newport Beach, California, Accepting the California Coastal Commission's Suggested Modifications
and Adopting Local Coastal Program Amendment No. LC2019-008 to Amend Title 21 (Local Coastal
Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Accessory
Dwelling Units (PA2019-248), and pass to second reading on March 8, 2022.
With Council Member O'Neill absent, Council Member Brenner recusing herself, and
Council Member Avery abstaining, the motion carried 4-0-1.
XVIII. MOTION FOR RECONSIDERATION - None
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City Council Meeting
February 22, 2022
XIX. ADJOURNMENT - Adjourned at 6:35 p.m in memory of Huntington Beach Police Officer
Nicholas Vella (https:Hporac.org/fundraiser/support-officer-vella-his-family/)
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 0 Civic Center Drive on
February 17, 2022, at 4:00 p.m.; and on February 18, 2022, at . 0 a.m. at 4346 Sunrise D
Eden, Utah.
LeifOani.
ity Clerk
Kevin
Mayor
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