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HomeMy WebLinkAbout0 - Agenda/off i� \�FORN CITY OF NEWPORT BEACH CITY COUNCIL AGENDA SEPTEMBER 13, 2022 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. KEVIN MULDOON, Mayor NOAH BLOM, Mayor Pro Tern BRAD AVERY, Council Member JOY BRENNER, Council Member DIANE B. DIXON, Council Member DUFFY DUFFIELD, Council Member WILL O'NEILL, 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. 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 citvclerk(a�newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 SEPTEMBER 13, 2022 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. Fractional Home Ownership Update Staff will provide a presentation on what other cities are doing regarding fractional ownership of single family homes. 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 REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 1201 Dove Street, Newport Beach, California 92660 (APN 427-221-06). City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding Whitlinger, Real Property Administrator. Negotiating Parties: Parke Miller. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL Vill. CLOSED SESSION REPORT IX. INVOCATION — Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene, Costa Mesa X. PLEDGE OF ALLEGIANCE City Council Meeting September 13, 2022 Page 2 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. 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 partnering with Pedego and the Newport -Mesa Unified School District to provide E-Bike education to the community with events at various locations in the City, including the Civic Center — Community Room and OASIS Senior Center [Muldoon] Consider the adoption of a resolution requesting that: (1) the State return authority for the regulation of residential care facilities to cities; (2) the State authorize city personnel to investigate violations of State law and enforce State laws; and (3) until local control is restored, that the California Department of Health Care Services and Department of Social Services: (a) immediately investigate any complaint that a residential care facility (subject to state regulation) has violated the law; (b) ensure that timely enforcement actions are brought against violators; and (c) that the stiffest penalties allowed under the law are imposed on violators to help protect those in recovery as well as adjacent neighbors. [Brenner] 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— 17). 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 August 23, 2022 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. City Council Meeting September 13, 2022 Page 3 ORDINANCE FOR ADOPTION 3. Ordinance No. 2022-18: A Code Amendment Updating Density Bonus Regulations to Comply with State Law (PA2020-032) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2022-18, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2020-004 Amending Chapter 20.32 (Density Bonus) and Other Related Provisions of the Newport Beach Municipal Code Related to Density Bonuses to Comply with State Law (PA2020-032). RESOLUTIONS FOR ADOPTION 4. Resolution No. 2022-57: Adopting a Memorandum of Understanding with the Association of Newport Beach Ocean Lifeguards (ANBOL) and Associated Salary Schedule 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) Adopt Resolution 2022-57, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding Between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards and Amending the Salary Schedule; and c) Approve Budget Amendment No. 23-016 appropriating $80,617 in increased expenditures in various City division salary and benefits accounts from unappropriated General Fund balance. 5. Resolution No. 2022- 58: Creating an Ad Hoc Committee to Review the Municipal Code 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) Adopt Resolution No. 2022-58, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee to Review the Municipal Code and City Council Policies and Make Recommendations to the City Council Regarding Possible Modifications Thereto and the Advisability of Using Sunset Provision; and c) Direct the Board of Library Trustees, City Arts Commission, Harbor Commission, Parks, Beaches, and Recreation Commission, and the Planning Commission to each form an ad hoc committee for the purposes of reviewing the Municipal Code and City Council Policies within that particular body's expertise and submit back to City Council by June 30, 2023 recommendations concerning: (1) deleting or reducing language; and (2) the advisability of applying sunset provisions for new or existing Municipal Code provisions. 6. Resolution No. 2022-59: Creating the General Plan Advisory Committee (GPAC) 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. 2022-59, A Resolution of the City Council of the City of Newport Beach, California, Creating the General Plan Advisory Committee. City Council Meeting September 13, 2022 Page 4 CONTRACTS AND AGREEMENTS 7. Balboa Pier and Channel Place Park Restrooms Rehabilitation Project (Project No. 20F02) — Notice of Completion for Contract No. 8700-1 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. 8. Ocean Piers Maintenance Project (Project No. 221-103) — Notice of Completion for Contract No. 7884-2 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. 9. City Bridge Deck Maintenance Project —Award of Contract No. 7679-2 (21 R13) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) (repair and maintenance of existing street with no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Award Contract No. 7679-2 to Peterson -Chase General Engineering Construction, Inc. for the total base bid price of $270,800, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $40,620 (approximately 15 percent of total bid) to cover the cost of unforeseen work not included in the original contract. 10. Award of On -Call Maintenance/Repair Services Agreement with Surfside Restoration & Waterproofing, Inc., for Seawall Repair 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 Maintenance/Repair Services Agreement with Surfside Restoration & Waterproofing, Inc., for seawall repair services, for a five-year contract term with a total contract compensation amount of $500,000, and authorize the Mayor and City Clerk to execute the Agreement. 11. Approval of Professional Services Agreement with RJM Design Group, Inc (Contract No. 8891-1) for Arroyo Park Synthetic Turf Replacement (Project No. 23P11) 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 Professional Services Agreement with RJM Design Group, Inc. of San Juan Capistrano, California, for the Arroyo Park Synthetic Turf Replacement project for a total not -to -exceed amount of $168,425, and authorize the Mayor and City Clerk to execute the Agreement. City Council Meeting September 13, 2022 Page 5 12. Award of Professional Contract to ClearSource Financial Consulting for Citywide User Fee Study and Cost Allocation Plan 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; b) Authorize the Mayor and City Clerk to sign a three-year term contract, with two optional one-year extensions with ClearSource Financial Consulting for a total not -to -exceed amount of $298,610 to perform the fee study and cost allocation plan work; and c) Approve Budget Amendment No. 23-017 appropriating $33,223 in increased expenditures in Account No. 0103031-811008 from the General Fund unappropriated fund balance. I► &T814gw-1►�I-1011M 13. Planning Commission Agenda for the September 8, 2022 Meeting Receive and file. 14. Response to the 2021-2022 Orange County Grand Jury Report "How is Orange County Addressing Homelessness?" 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) Authorize the Mayor to sign the cover letter and remit the responses of the City of Newport Beach to the Presiding Judge of the Orange County Superior Court. 15. City Hall and Limited Off -Site Holiday Closure from Saturday, December 24, 2022, through Monday, January 2, 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 closing the Civic Center and providing limited services at off -site facilities from Saturday, December 24, 2022, through Monday, January 2, 2023. 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. 17. Final Tract Map No. 19222 for a Residential Condominium Development Located at 900 Newport Center Drive a) Find that potential environmental impacts have been previously mitigated through the implementation of the policies of the General Plan as evaluated in Program Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119) (PEIR); b) Review and approve the Subdivision Agreement for Final Tract Map No. 19222 pursuant to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the Subdivision Agreement; c) Review and approve the required construction securities for Final Tract Map No. 19222 pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute and release securities; and d) Review and approve the Final Tract Map No. 19222 located at 900 Newport Center Drive pursuant to Section 19.60.010 of the Municipal Code. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED City Council Meeting September 13, 2022 Page 6 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 (3) minutes. Before speaking, please state your name for the record. XVIII. PUBLIC HEARING 18. Resolution No. 2022-60: Amending and Re -Adopting the 2021-2029 6th Cycle Housing Element a) Conduct a public hearing; b) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2022-60, A Resolution of the City Council of the City of Newport Beach, California, Amending and Re -Adopting the 61" Cycle Housing Element for the 2021-2029 Period as General Plan Amendment No. GP2021-005 (PA 2017-141). 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