HomeMy WebLinkAbout01 - MinutesJuly 26, 2022
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
July 12, 2022
I. ROLL CALL - 4:03 p.m.
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, Council
Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Proclamation to Representative Michelle Steel for Her Efforts in Getting Sand for the
Beach Cities Is
Mayor Muldoon read the proclamation and presented it to Sonia Terwiske, a representative
from Congresswoman Steel's office, who relayed the Congresswoman's appreciation and
acknowledged the amount of work it took to move this project forward.
Council Member Duffield thanked Congresswoman Steel for her efforts which will also help
protect the Lifeguard Headquarters.
SS3. Certificates of Appreciation to Outgoing Boarembers and Commissioners
Mayor Muldoon presented Certificates of Appreciation to former Board of Library Trustee Kurt
Kost who expressed gratitude for his time working with the Library team, Harbor Commissioner
Bill Kenney who acknowledged a proactive commission, and Planning Commissioner Peter
Koetting who applauded the Community Development staff.
SS4. Film Permit Regulations and Management
Finance Director Catlett and Revenue Manager Tseng reviewed the City's film permitting
practices and utilized a presentation to discuss the authority to regulate commercial filming
activities, number of permits issued, types of productions, current filming policies, fees charged
for filming activities, safeguards to ensure compliance, historical complaints data, film permit
revocation, survey o�other cities' filming policies and restrictions, most frequently used City and
residential sites, filming notification, searchable film permit database, and questions for Council
input.
Council Member Dixon thanked staff for the presentation, acknowledged the City's current
policy, referenced a complaint by one merchant in Balboa Village who was displeased with the
suspension of business during filming, relayed an interest in modifying the margins, suggested
a 7:00 p.m. end time and consideration during the holidays and summer months, and supported
filming with consideration for the impact to businesses and residents.
Mayor Pro Tem Blom discussed the number of permits versus complaints received, provided a
long-term perspective, expressed opposition to more restrictions, highlighted the benefits to the
City, and thanked staff for the presentation.
In response to Council Member Brenner's questions, Finance Director Catlett clarified that the
permit fee is the City's cost recovery based on staff, Police, and Fire personnel assigned to the
event. Council Member Brenner suggested future consideration of adding a cost recovery
component based on community inconvenience.
Volume 65 - Page 335
City of Newport Beach
City Council Meeting
July 12, 2022
Council Member Dixon expressed sensitivity to Peninsula residents, expressed concern that
filming also involves the film crew using street parking, and noted a 40-60 percent revenue loss
reported by a business owner in Balboa Village during filming on a busy spring Saturday.
Council Member Brenner suggested allowing staff discretion to determine filming times and
locations that create the least inconvenience to businesses and residents. City Attorney Harp
indicated that the film permits are issued with conditions of approval to address public health,
safety, or welfare.
In response to Council Member Dixon's question regarding staff guidance, Finance Director
Catlett noted the unusual nature of the March 2022 filming, a minimized area impact, and staff
and Police assistance paid by the production company. Council Member Dixon proposed
obtaining community input before City Council action and Mayor Muldoon concurred.
Mayor Pro Tem Blom supported the current methods and recommended moving forward without
any changes at this time.
Council Member Dixon suggested tabling the topic until a demand for change is presented, and
expressed appreciation for the film permit regulations and management.
Council Member Brenner appreciated Council Melfter Dixon bringing the topic forward.
Mayor Muldoon noted having seen the business owner's comfit.
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Jim Mosher noted that a public discussion on Closed Session Item IV.B would have been useful to
determine the amount of current and future contamination exposure, related costs for contaminant
clean-up and disposal, and assessment of a fair settlement amount.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed on the Closed Session agenda and read the titles; and announced that
Council Member Brenner would be recusing herself on Closed Session Item IV.A due to her
involvement with the American Legion Auxiliary.
IV. CLOSED SESSIOTAfter 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 151h 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 the lease with the American Legion
and price/terms.
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
City of Long Beach, et al. v. Monsanto Company, et al.
United States District Court, Central District, Case No. CV 16-3493 FMO (ASx)
Volume 65 - Page 336
City of Newport Beach
City Council Meeting
July 12, 2022
V. RECESSED - 4:40 p.m.
VI. RECONVENED AT 5:32 P.M. FOR REGULAR MEETING
VII. ROLL CALL
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, Council
Member Will O'Neill
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION — Sayed Moustafa al-Qazwini, Ph.D., Islamic Education Center of Orange
County, Costa Mesa
X. PLEDGE OF ALLEGIANCE — Council Member Dixon
XI. NOTICE TO THE PUBLIC 4
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member O'Neill:
• Attended the Junior Lifeguard picnic and Mariners Park Independence Day Parade and Celebration
• Announced the Transportation Corridor Agencies (TCA) board meeting on July 14, 2022, and the
Ben Carlson Foundation Dinner o my 15, 2022
Council Member Duffield:
• Provided a July Fourth Har hWked Rick Caruso for his fireworks show
Council Member Dixon
• Attended the July Fourth Peninsula parade, and Southern California Association of Governments
(SCAG) Region4 Council monthly meeting and Community Development Director Jurjis discussed
the Senate Bill 197 Housing Element rezoning deadline extension to February 2025, as well as the
Housing Element certification and adoption by October 2022
• Announced the Aviatic�i Committee meeting on July 18, 2022
• Displayed a slide to announce the District One Town Hall on July 19, 2022 at Marina Park
• Commented on the Board and Commission appointments at the June 28, 2022 City Council meeting
and noted the history of women applying for positions, call to women through education and
encouragement, and encouraged applicants to keep their applications up-to-date
Council Member Brenner:
• Attended a strategic planning session with citizens and Newport Beach Film Festival
representatives, noted there are 4,000 resident volunteers for the event, and encouraged community
participation
• Attended the General Plan Update Steering Committee meeting and expressed concern for the
sparse attendance
• Met with a group regarding the Rotary Club International's September event
• Utilized a slide to announce the Speak Up Newport Community Forum on July 13, 2022
Mayor Pro Tem Blom:
• Attended the Water Quality/Coastal Tidelands Committee meeting and announced the water wheel
implementation
• Thanked the Fire and Police Departments for their efforts during July Fourth
Volume 65 - Page 337
City of Newport Beach
City Council Meeting
July 12, 2022
Mayor Muldoon:
• Utilized a slide to announce the Movies in the Park on July 15, August 19, and September 16, 2022
• Attended the Old Glory Boat Parade hosted by the American Legion
• Commented on silent fireworks and a great Fourth of July
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION
To ensure diversity of opinions and to avoid the appearance of a conflict, consider
adopting a resolution amending City Council Policy A-2, Boards, Commissions, &
Committees, to discourage the appointment of a person to a Permanent Board or
Commission where: (1) the person supervises or is supervised by another member of the
Permanent Board or Commission; or (2) the person is a member of the same household
as another member of the Permanent Board or Commission [Council Member Dixon]
Council Members Avery, Brenner, and Dixon and Mayor M oon concurred to bring the matter
back at a future meeting.
IX. PUBLIC COMMENTS ON CONSENT CALENDAR _
Jim Mosher discussed the renewed bidding process for the Junior 'feguard Building Project (Item 10),
extension of The Tennis Club Development Agreement (Item 3), consequences of certifying the June 7
Primary Election results (Item 4), suggested a clear accounting of related costs to the City for the special
election, and encouraged a discussion to explore alternatives for setting City Council agendas.
X. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCE
1. Minutes for the June 28, 2022 City Coun eeting [100-20221
Waive reading of subject minutes, approve as mended, and order filed.
2. Reading of Ord fn
Waive reading in full ViQfall ordinances under consideration and direct the City Clerk to read by title
only. I
ORDINANCE FOR ADOPTION
3. Ordinance No. 2022-16: Amendment to The Tennis Club at Newport Beach Development
Agreement No. DA2022-001 (PA2022-038) (C-5068) [I00-20221
a) Find all significant environmental concerns for the Approved Project have been addressed in a
previously approved Mitigated Negative Declaration No. ND2010-008 (SCH 2O10091052) and
an Errata to Mitigated Negative Declaration No. ND2010-008 (together referred to as "MND"),
and that the City of Newport Beach intends to use said document for the proposed First
Amendment to Agreement, and further that there are no additional reasonable alternative or
mitigation measures that should be considered in conjunction with the First Amendment to
Agreement; and
b) Conduct second reading and adopt Ordinance No. 2022-16, An Ordinance of the City Council of
the City of Newport Beach, California, Amending the Development Agreement Between the City
of Newport Beach and Golf Realty Fund (PA2022-038).
Council Member O'Neill voted "no" to Item 3.
Volume 65 - Page 338
City of Newport Beach
City Council Meeting
July 12, 2022
RESOLUTION FOR ADOPTION
4. Resolution No. 2022-47: Certification of Results of Special Municipal Election of June 7,
2022 [391100-20221
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. 2022-47, A Resolution of the City Council of the City of Newport Beach,
California, Reciting the Facts of the Special Municipal Election Held on Tuesday, June 7, 2022,
and Declaring the Result and Such Other Matters as Provided by Law.
CONTRACTS AND AGREEMENTS
5. City Bridge Maintenance Project (Project No. 21R13) - Notice of Completion for Contract
No. 7679-1 [381100-20221
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project; .10
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.
6. 2021-2022 Playground Refurbishment Program - Award of contract No. 8716-1 (22P01)
[381100-20221
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301-Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because this project results in no expansion
of an existing use;
b) Approve the project plans and specifications;
c) Award Contract No. 8716-1 to R.E. Schultz for the base bid price of $326,790, and Additive Bid
Item No. 1 for $4,000 for total bid price of $330,790, and authorize the Mayor and City Clerk
to execute the contra and
d) Establish a contingency of $33,079 (approximately 10 percent) to cover the cost of unforeseen
work not included in the original contract.
7. 2021-2022 Tidegate Improvement Project - Award of Contract No. 7999-1 (19D03) [381100-
20221
a) Find this project exempom the California Environmental Quality Act (CEQA) pursuant to
Section 15302 (c) _i%Jass 2 (Replacement or Reconstruction) of the CEQA Guidelines, because
this project results in negligible or no expansion of existing capacity;
b) Approve the project plans and specifications;
c) Award Contract No. 7999-1 to Tharsos, Inc. for the total base bid price of $442,595.00, and
authorize the Mayor and City Clerk to execute the associated construction contract;
d) Establish and encumber a contingency of $66,400.00 (approximately 15 percent of the total bid)
to cover the cost of unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 23-006 appropriating $46,801.00 in increased expenditures in
Account No. 10101-980000-19D03 from the Tidelands Capital Fund unappropriated fund
balance.
8. Approval of Professional Services Agreement with Marine Taxonomic Services, LTD for
Newport Harbor Shallow and Deep Water Eelgrass Surveys (C-7487.3) [381100-20221
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
Volume 65 - Page 339
City of Newport Beach
City Council Meeting
July 12, 2022
b) Approve a Professional Services Agreement with Marine Taxonomic Services, LTD for Newport
Harbor Shallow Water and Deep Water Eelgrass Surveys for a total not -to -exceed amount of
$153,093.20, and authorize the Mayor and City Clerk to execute the agreement.
9. Award of On -Call Maintenance/Repair Services Agreement with Duke's Root Control,
Inc., for Sewer Root Control Services (C-8555-2) [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;
b) Approve Budget Amendment No. 23-004 appropriating $35,000 from the Wastewater Fund 711
unappropriated Fund Balance to Account No. 7119061-851054 (Tree Root Foaming Services.);
and
c) Approve the Maintenance/Repair Services Agreement with Duke's Root Control, Inc., for sewer
root control services, for a three-year term with a total contract compensation amount of
$350,000, and authorize the Mayor and City Council to execute the Agreement.
10. Newport Beach Junior Lifeguard Building Project — R41tt all Bids for Contract No. 7524-
2 (19F13) [381100-20221
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) Reject all bids received for Contract No. 8020-6 and direct staff to return all bidders bonds; and
c) Direct staff to review and value engineer design plans, and re -advertise the Newport Beach
Junior Lifeguard Building Project for construction.
MISCELLANEOUS %W W
11. Planning Commission Agenda for the July 7, 2022 Meeting [I00-20221
Receive and file. 10
Motion by Mayor Pro Tern Blom, seconded by Mayor Muldoon, to approve the Consent Calendar;
and noting the "no" vote by Council Member O'Neill to Item 3 and the amendments to Item 1.
The motion carr1d unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher encouraged citizens to run for a Council seat in the November 8 election.
Susan Skinner took issue with the City's denial of Mr. Mosher's appeal to the 292 foot condo tower
project at the Marriott Newport Center site.
XVIII. PUBLIC HEARING
12. Ordinance No. 2022-17: Code Amendment Related Implementation of Senate Bill 9
(PA2021-277) [100-2022]
Community Development Director Jurjis and Senior Planner Zdeba utilized a presentation to
provide background, show examples of Senate Bill (SB) 9 urban lot split housing developments with
and without the proposed ordinance, discuss development standards, review proposed Title 19 and
Title 20 amendments, highlight additional requirements, display a map of SB 9 and the Coastal
Zone, and discuss next steps.
Volume 65 - Page 340
City of Newport Beach
City Council Meeting
July 12, 2022
Council Member Brenner thanked staff for adding limits to lot splits, affordability requirements,
and alley and curb cut protection, and for prohibiting short-term rentals.
In response to Council Member Dixon's question, Senior Planner Zdeba indicated that State law is
silent regarding Covenants, Conditions, and Restrictions (CC&Rs) and staff understands that
private CC&Rs hold true. Council Member Dixon commended staff for adding objective standards
and, in response to her questions, Community Development Director Jurjis relayed a forthcoming
update to the Local Coastal Program (LCP) and noted SB 9 project inquiries but no pending
applications at this time.
In response to Council Member Avery's questions, Community Development Director Jurjis and
Senior Planner Zdeba noted that the General Plan policy prohibits residential subdivisions unless
reverting to an underlying lot line, confirmed lot split sales, and clarified that the ordinance caps
the building size at 800 square feet.
In response to Council Member Brenner's questions, Senior Planner Zdeba clarified air space
subdivisions in Corona del Mar and stated they are prohibited under the ordinance. Community
Development Director Jurjis added that lot splits for SB 9 projects cannot include condos and must
be detached dwelling units. L
In response to Council Member Dixon's questionst Senior Planner Zdeba indicated that owners can
only sell the split off lot and the City allows Accessory Dwelling Units (ADUs) larger than 800 square
feet.
In response to Mayor Muldoon's question, Senior Planner Zdeba confirmed that State law and the
local ordinance would only allow for one urban lot split per lot.
Mayor Muldoon opened the public hearing.
Jim Mosher questioned the purview of theWalifornia Coastal Commission to require an LCP
amendment and asked Council to seek clarification.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
Motion by Mayor Pro Tern Blom, seconded by Council Member Dixon, to a) determine this
amendment is statutorily exempt from environmental review and not considered a project under the
California EnvironmeiNtal Quality Act (CEQA) pursuant to Government Code Sections 65852.210)
and 66411.7(n) and further find that this amendment is categorically exempt from CEQA under
Section 15303 and 15315 as set forth in Title 14, Division 6, Chapter 3 of the California Code of
Regulations which categorically exempts the construction of a second dwelling unit in a residential
zone and the division of property in urbanized areas zoned for residential use into four or fewer
parcels; and b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2022-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Title 19 (Subdivisions) and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
Related to Senate Bill 9 Housing Developments and Urban Lot Splits (PA2021-277), and pass to
second reading on July 26, 2022.
The motion carried unanimously.
XIX. MOTION FOR RECONSIDERATION — None
XX. ADJOURNMENT — Adjourned at 6:21 p.m. in memory of Elaine Linhoff
Volume 65 - Page 341
City of Newport Beach
City Council Meeting
July 12, 2022
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
July 7, 2022, at 4:00 p.m.
Leilani I. Brown
City Clerk
Kevin Muldoon
Mayor
Volume 65 - Page 342