HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
SEPTEMBER 27, 2022
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
CLOSED SESSION — 5:00 P.M.
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 items 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 cityclerk(o)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
SEPTEMBER 27, 2022
CLOSED SESSION — 5:00 P.M.
REGULAR MEETING — 5:30 P.M.
I. ROLL CALL — 5:00 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 (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.
III. 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 City Employees Association (NBCEA), and Newport
Beach Professional and Technical Employees Association (NBPTEA).
IV. RECESS
V. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
Vill. INVOCATION — Representative from First Church of Christ, Scientist Newport Beach
IX. PLEDGE OF ALLEGIANCE
X. PRESENTATION
• Friends of the Library Check Presentation
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
City Council Meeting
September 27, 2022
Page 2
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider creating a three -member Ad Hoc Citizens Advisory Committee, consisting of
residents with background in public safety and criminal justice, to address residential
burglary concerns and advise neighborhoods on preventative measures [Muldoon]
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— 14). 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.
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 13, 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.
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2022-62: Request to Add Code Enforcement Officer I Position to the
Community Development Department
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. 2022-62, A Resolution of the City Council of the City of Newport Beach,
California, Adding a Code Enforcement Officer Position to the Community Development
Department; and
c) Approve Budget Amendment No. 23-022 transferring $86,016 from the Code Enforcement
Professional Services account to various salary and benefit accounts.
4. Resolution No. 2022-63: Acceptance of Oil Spill Response Equipment Staging Grant
Funding from the California Department of Fish and Wildlife Office of Spill Prevention and
Response
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. 2022-63, A Resolution of the City Council of the City of Newport Beach,
California, Accepting Grant Funds from the California Department of Fish and Wildlife, Office
of Spill Prevention and Response for Oil Spill Response Equipment Staging; and
City Council Meeting
September 27, 2022
Page 3
c) Approve Budget Amendment No. 23-019 recognizing $5,000.00 in grant revenue from the
California Department of Fish and Wildlife (10045451-431455) and appropriating $5,000.00
to Account No. 10045451-881002.
5. Resolution No. 2022-64: Supporting Restoring Local Authority in the Regulation of Group
Residential Uses
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. 2022-64, A Resolution of the City Council of the City of Newport Beach,
California, Supporting the Restoration of Local Authority to Regulate Residential Care
Facilities and Calling Upon the State of California to Increase its Oversight and Enforcement
of Residential Care Facilities Until Local Authority is Restored.
CONTRACTS AND AGREEMENTS
6. Fire Station No. 2 Project (Project 15F13) —Notice of Completion for Contract No. 8269-2
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.
7. Slurry Seal Program (Project No. 22R04) —Notice of Completion for Contract No. 8710-1
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. Approval of Professional Services Agreement with Griffin Structures for Library Lecture
Hall Construction Management (Project No. 19F11)
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) Approve a Professional Services Agreement (PSA) with Griffin Structures for the Library
Lecture Hall construction management contract for a not -to -exceed amount of $680,000, and
authorize the Mayor and City Clerk to execute the agreement.
9. Approval of Amendment No. Three to Agreement for Beach Container Refuse Collection
Service with Rainbow Disposal Co., Inc.
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(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 Amendment No. Three to Agreement with Republic Services, Inc. for Beach
Container Refuse Collection Service to modify the compensation terms, increase the total
not -to -exceed amount by $1,153,439 for a total not -to -exceed amount of $3,051,063, and
extend the term to February 28, 2026; and
c) Authorize the Mayor and City Clerk to execute the amendment.
10. School Resource Officer Program Agreement
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
City Council Meeting
September 27, 2022
Page 4
b) Approve the Agreement between the City of Newport Beach and NMUSD to participate in
the School Resource Officer Program, and authorize the Mayor to execute the agreement
on behalf of the City of Newport Beach.
11. Contract with Arts Orange County to Manage Phase VIII of the Sculpture Exhibition in
Civic Center Park
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 contract with Arts Orange County for project management of Phase VIII of the
Sculpture Exhibition in Civic Center Park for a total amount not to exceed $119,000, and
authorize the Mayor and City Clerk to sign the agreement.
MISCELLANEOUS
12. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library
and Appropriate Funds to the Library's Fiscal Year 2022-23 Maintenance and Operation
Budget
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 a check in the amount of $200,000 from the Friends of the Newport Beach Library
and approve Budget Amendment No. 23-013 to increase expenditures by the same amount
in Division 0106052 (Friends of the Library).
13. Confirmation of Appointments to the the Ad Hoc Municipal Code and Council Policy
Review Committee
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) Confirm Mayor Kevin Muldoon's appointments of himself, Mayor Pro Tem Noah Blom, and
Council Member Will O'Neill (Chair) to the Ad Hoc Municipal Code and Council Policy Review
Committee.
14. Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement
Program Grant PT23055
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 City Council to accept a $350,000 Selective Traffic Enforcement Program
(STEP) award granted to the NBPD by the OTS per City Council Policies F-3 and F-25. To
comply with City Council Policy F-3, the City Council must formally accept the award of
$350,000 and create a new appropriation to expend the funds; and
c) Approve Budget Amendment No. 23-015 increasing NBPD revenue estimates and
expenditure appropriations by $350,000.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
September 27, 2022
Page 5
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 HEARINGS
15. Ordinance Nos. 2022-19 and 2022-20: Tennis Club at Newport Beach Project Amendment
(PA2021-260)
a) Conduct a public hearing;
b) Adopt Resolution No. 2022-65, A Resolution of the City Council of the City of Newport Beach,
California, Adopting an Addendum to Mitigated Negative Declaration No. ND2010-008 for
the Tennis Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260);
c) Adopt Resolution No. 2022-66, A Resolution of the City Council of the City of Newport Beach,
California, Approving a General Plan Amendment, Amendment to Major Site Development
Review No. SD2011-002, Amendment to Coastal Development Permit No. CD2017-039,
Amendment to Vesting Tentative Tract Map No. NT2005-003, and Amendment to Limited
Term Permit No. XP2011-004 for the Tennis Club at Newport Beach Located at 1602 East
Coast Highway (PA2021-260);
d) Adopt Resolution No. 2022-67, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of a Local Coastal Program Amendment to the California
Coastal Commission to Amend the Newport Beach Country Club Planned Community
Development Plan (PC-47) for the Tennis Club Located at 1602 East Coast Highway
(PA2021-260);
e) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2022-19, An Ordinance of the City Council of the City of Newport Beach, California,
Approving an Amendment to the Newport Beach Country Club Planned Community
Development Plan (PC-47) for the Tennis Club at Newport Beach Located at 1602 East
Coast Highway (PA2021-260), and pass on to second reading on October 11, 2022; and
f) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2022-20, An Ordinance of the City Council of the City of Newport Beach, California,
Approving the Second Amendment to the Development Agreement (DA2008-001) for the
Tennis Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260), and
pass on to second reading on October 11, 2022.
16. Call for Review — Denial of Reforestation Request for 938 Sandcastle Drive
a) Determine this action is categorically exempt from the California Environmental Quality Act
("CEQA") pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to
Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because the activities are in the classes of projects which have been determined
not to have a significant effect on the environment;
b) Conduct a public hearing on this Reforestation Request for 938 Sandcastle Drive; and
c) Review and reconsider the Parks, Beaches & Recreation Commission denial of the
applicant's request for removal and replacement of a City Magnolia (Magnolia grandiflora)
tree located at 938 Sandcastle Drive, and:
i. If it is desired to preserve the Magnolia tree, adopt Resolution No. 2022-68, A Resolution
of the City Council of Newport Beach, California, Denying the Applicants' Appeal of the
Parks, Beaches and Recreation Commission's Decision to Prohibit the Removal of a City
Magnolia Tree at 938 Sandcastle; OR
ii. If it is desired to allow the removal and replacement of the City Magnolia tree, direct City
of Newport Beach (City) staff to return with a resolution reversing the decision of the
Parks, Beaches & Recreation Commission.
City Council Meeting
September 27, 2022
Page 6
17. Ordinance No. 2022-21: Non -Exclusive Commercial Solid Waste Franchise Agreements
a) Conduct a public hearing to consider the award of Non -Exclusive Commercial Solid Waste
Franchises pursuant to Resolution No. 2022-55;
b) 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
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2022-21, An Ordinance of the City Council of the City of Newport Beach, California,
Granting Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible
Materials Handling Services Within the City of Newport Beach, and pass to second reading
on October 11, 2022.
18. Community Development Block Grant Program Year 2021-22, Consolidated Annual
Performance and Evaluation Report
a) Conduct a public hearing to receive comments on the Program Year 2021-22 CAPER;
b) Find this activity exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably 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,
Chapter 3, because it has no potential for resulting in physical change to the environment,
directly or indirectly;
c) Approve the Program Year 2021-22 CAPER; and
d) Authorize the City Manager or her designee to submit the Program Year 2021-22 CAPER to
HUD.
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