Loading...
HomeMy WebLinkAbout01 - MinutesNovember 29, 2022 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Meeting Minutes Regular Meeting November 15, 2022 I. ROLL CALL - 4:00 p.m. Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Will O'Neill Excused: Council Member Diane Dixon II. INVOCATION - Council Member O'Neill III. PLEDGE OF ALLEGIANCE - Mayor Muldoon IV. PRESENTATIONS Proclamation recognizing the Harbor Department Code Enforcement Team for receiving the "Most Innovative Program in 2022" by the California Association of Code Enforcement Officers Mayor Muldoon read the proclamation and presented it to Harbor Department Code Enforcement Supervisor Cosylion who, on behalf of the entire team and Harbormaster Blank, thanked Council and staff for the support and resources providedbft the Harbor Department Code Enforcement team and highlighted the Department's focus onjeducation. Council Member Duffield thanked the Department for their diligence in enforcing Harbor Codes and encouraged their continued work. Council Member Avery relayed the most in portant aspect is welcoming people to the Harbor and noted good behavior on the part of Harbor sers. Proclamation recognizing George Hylkema for contributing to water quality and reducing maintenance costs in Newport Harbor Mayor Muldoon read clamation and presented it to George Hylkema who explained the development and desig e particle separator. Council Member Duffield indicated that Mr. Hylkema's simple and inexpensive invention will save the City a minimum of $30,000 per year and extended his gratitude. Council Member Avery discussed Mr. Hylkema's involvement in the Newport Moorings Association and the good work he did representing the community. V. NOTICE TO THE PUBLIC VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member O'Neill: • Attended a State of the City meeting, a Newport Beach Foundation senior citizens program, the Newport Beach Chamber of Commerce Citizen and Business Person of the Year event, a Finance Committee meeting, and a National League of Young Men event • Provided two Girl Scout Troop tours through City Hall and the Council Chambers Volume 65 - Page 430 City of Newport Beach City Council Meeting November 15, 2022 • Announced the Transportation Corridor Agency (TCA) Planning Session meeting at Marina Park hosted by Newport Beach Council Member Duffield • Attended his last Water Quality/Coastal Tidelands Committee meeting Council Member Avery: • Attended the Orange County Sanitation District (OCSD) Board meeting and a Finance Committee meeting VII. PUBLIC COMMENTS ON CONSENT CALENDAR Laura Curran commended the City on its financial investment in Item 13 (Maintenance and Monitoring of the Big Canyon Phase 2 Restoration), noted an overall cost of $300,000 for Police Department vehicle purchases (Item 14), and summarized for the public Items 17 (Confirmation of Appointments to the General Plan Advisory Committee), 18 (Fiscal Year 2021-22 oYear-nd Budget Results), and 19 (Fiscal Year 2022-23 First Quarter Financial Report). VIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES . 1. Minutes for the October 25, 2022 City Council Meeting [100-20221 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. ORDINANCES FOR INTRO AQO 3. Ordinance No. 2022-23: Amending the Newport Beach Municipal Code to Remove Reference to License Supervisor and License Inspector [100-20221 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) Waive full reading) direct the City Clerk to read by title only, introduce Ordinance No. 2022-23, An Ordinance of t&%City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Sections 1.12.020(C) and 5.12.230(E) to Remove Reference to License Supervisor and License Inspector, and pass to second reading on November 29, 2022. 4. Pulled from the Consent Calendar ORDINANCE FOR ADOPTION 5. Ordinance No. 2022-22: Approving a Zoning Code Amendment for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32nd Street (PA2020-068) (C-5567B) [38/100- 20221 a) Determine if this amendment is consistent with the California Environmental Quality Act (CEQA). Pursuant to Section 15062 of the CEQA Guidelines, the changes authorized under the project are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent Environmental Impact Report (EIR) does not need to be prepared. The City prepared and certified a final EIR for the Lido House Hotel (SCH#2013111022). State CEQA Guidelines allow for the updating and use of a previously certified EIR for projects that have changed or are Volume 65 - Page 431 City of Newport Beach City Council Meeting November 15, 2022 different from the previous project. In cases where changes or additions occur with no new significant environmental impacts, an addendum to the previously certified EIR may be prepared pursuant to CEQA Guidelines Section 15164. The City prepared and approved Addendum No. 2 to the Lido House Hotel's final EIR for the project, which concludes there are no new environmental impacts and no impacts of greater severity that would result from approval and implementation of the project; and b) Conduct second reading and adopt Ordinance No. 2022-22, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Zoning Code Amendment for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32nd Street (PA2020-068). Mayor Pro Tem Blom recused himself from Item 5 due to real property interest conflicts. RESOLUTION FOR ADOPTION 6. Pulled from the Consent Calendar CONTRACTS AND AGREEMENTS 7. FY2020-21 Traffic Signal Rehabilitation Project (Project No. 21T01) — Notice of Completion for Contract No. 7791-1A [381100-2022] a) Accept the completed work and authorize th City Cle to fil 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. Mayor Muldoon recused himself from Item 7 due to previous business interest conflicts. 8. FY2021-22 Traffic Signal Rehabilitation Project (Project No. 22T01) — Notice of Completion for Contract No. 8746-1 [381100-2022] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; A 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. Mayor Muldoon recz*ed 14mself from Item 8 due to previous business interest conflicts. 9. Approval of On -Call Maintenance and Repair Agreements for Asphalt and Concrete Street Repairs Services with Hardy & Harper, Inc. (C-8508-3), S&H Civilworks (C-9014-1), and CT&T Concrete Paving, Inc. (C-9015-1) [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 On -Call Services Agreements with Hardy & Harper, Inc., S&H Civilworks, and CT&T Concrete Paving, Inc. for as -needed asphalt and concrete street repair services for three-year terms with the option for two one-year extensions, and a total not -to -exceed amount of $300,000 per agreement, and authorize the Mayor and City Clerk to execute the agreements. 10. Approval of Professional Services Agreement with Stantec Consulting Services, Inc. (Contract No. 8925-1) for East Coast Highway and San Miguel Drive Pavement Rehabilitation (Project No. 23R11) [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 Volume 65 - Page 432 City of Newport Beach City Council Meeting November 15, 2022 b) Approve a Professional Services Agreement with Stantec Consulting, Inc. of Irvine, CA, for the East Coast Highway and San Miguel Drive Pavement Rehabilitation project for a total not -to - exceed amount of $301,541 and authorize the Mayor and City Clerk to execute the Agreement. 11. Approval of Amendment No. One to Professional Services Agreement with Marine Taxonomic Services, LTD for 2022 Newport Harbor Shallow -Water and Deep -Water Eelgrass Survey (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; b) Approve Amendment No. One to Professional Services Agreement with Marine Taxonomic Services, LTD for 2022 Newport Harbor Shallow -Water & Deep -Water Eelgrass Survey to increase the total not -to -exceed amount by $50,000 for a total not -to -exceed amount of $203,093.20; and c) Authorize the Mayor and City Clerk to execute the amendment. 12. Approval of an On -Call Professional Services Agreement for Professional Project Management Services for Capital Improvement Program Projects (C-9016-1) [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 an On -Call Professional Services Agreement with Interwest Consulting Group, Inc. to provide professional management services for a term of three years and a total not -to -exceed amount of $300,000, and authorize th`e Mayor and City Clerk to execute the agreement on a form approved by the City Attorney. 1 13. Approval of Professional Services Agreement with Newport Bay Conservancy for the Maintenance and Monitoring of the Big fonyon Phase 2 Restoration (Project No. 23X11) (C-8208-1A) [381100-20221 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(h) of the CEQA Guidelines because the maintenance and monitoring of existing restoration landscaping involves no expansion of use; b) Approve Budget Amendment No. 23-033 appropriating $39,500 in increased expenditures in Account No.`10001940-980000-23X11 from the Upper Newport Bay reserve; and c) Approve Professional Services Agreement with Newport Bay Conservancy of Newport Beach, California, for mai*tenance and monitoring of the Big Canyon Phase 2 Restoration Project for a total not -to -exceed amount of $264,500, and authorize the Mayor and City Clerk to execute the Agreement. 14. Purchase of Additional Police Patrol Vehicles (C-8974-1) [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) Approve the purchase of six Ford Police Interceptor Utility vehicles from the National Auto Fleet Group of Watsonville, California, using Sourcewell cooperative pricing, and authorize the City Manager to execute a purchase order in the amount of $308,707.44; and c) Approve Budget Amendment No. 23-032 appropriating $56,532.87 in increased expenditures in Account No. 75304-911016 from the Police Equipment Fund (Fund 753) balance. 15. Newport Beach Public Library Lecture Hall Approval of Naming Rights Donation Agreements and Second Amendment to Memorandum of Understanding [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; Volume 65 - Page 433 City of Newport Beach City Council Meeting November 15, 2022 b) Approve the Newport Beach Public Library Lecture Hall Naming Rights Donation Agreement between the City of Newport Beach, the Newport Beach Public Library Foundation, and Elizabeth D. Stahr for the Library Courtyard (C-7444-7); c) Approve the Newport Beach Public Library Lecture Hall Naming Rights Donation Agreement between the City of Newport Beach, the Newport Beach Public Library Foundation, and Louise and Roy Woolsey for the Lecture Hall Lobby (C-7444-8); d) Waive Council Policy B-9 (Naming of City Parks and Facilities) and B-17 (Parks, Facilities and Recreation Program Donations) for the naming of various components of the Library Lecture Hall; and e) Approve the Second Amendment to the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Public Library Foundation Related to Fundraising for the Library Lecture Hall Project (C-7444-4). Mayor Muldoon voted "no" to Item 15 in objection to the Memorandum of Understanding, not the naming rights. MISCELLANEOUS 16. Planning Commission Action Report for the November 3, 2022 Meeting [100-2022] Receive and file. 17. Confirmation of Appointments to the General Plan Advisotcommittee [241100-20221 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) Confirm the General Plan Update Steering Committee's recommended appointments of Dennis Baker, Curtis Black, James Carlson, Jeff Cefalia, Annalisa Clougherty, Corine Doughty, Jeremy Evans, Arlene Greer, David Guder, Lynn Hackman, Laird Hayes, Jared Hill, Charles Klobe, Ruth Kobayashi, Denis LaBonge, Jonathan Langford, Katie Love, Anthony Maniscalchi, Thomas Meng, Jim Mosher, Maxwell Pearson, Robert Rader, Nancy Scarbrough, Amber Snider, Debbie Stevens, Laurel Tippett, Grahax Wahlberg, Christine Walker, Paul Watkins, and Lori Williams to fill the seats on the General Plan Advisory Committee. 18. Fiscal Year 2021-22 Year -End Budget Results [100-20221 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 aNphysical change to the environment, directly or indirectly; b) Approve the one-tirbe waiver of policy elements C and D of City Council Policy F-5 - General Fund Surplus Utilization; c) Allocate the General Fund surplus by transferring $24,100,000 to the Police Facility Fund as detailed in Budget Amendment No. 23-026; d) Approve Budget Amendment No. 22-059 to appropriate revenue and expenses related to Cal OES reimbursed overtime and the ARPA Water Arrearage Program; and e) Receive and file the report of budget amendments for the fourth quarter. 19. Fiscal Year 2022-23 First 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. 23-027, adjusting revenue estimates and expenditure appropriations for the Fiscal Year 2022-23 budget as outlined in the staff report; and c) Receive and file the report of budget amendments for the first quarter. Motion by Mayor Pro Tem Blom, seconded by Mayor Muldoon, to approve the Consent Calendar, except the items removed (Items 4 and 6); and noting the recusals by Mayor Muldoon to Items 7 and 8, Volume 65 - Page 434 City of Newport Beach City Council Meeting November 15, 2022 the recusal by Mayor Pro Tem Blom to Item 5, the "no" vote by Mayor Muldoon to Item 15, and the amendment to Item 1. With Council Member Dixon absent, the motion carried 6-0. IX. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. Ordinance No. 2022-24: Designating Portions of Fernleaf Avenue, Goldenrod Avenue and Dahlia Avenue in Corona del Mar as One -Way Streets [I00-2022] In response to Council Member O'Neill's comments, Traffic Engineer Brine confirmed that the item has a limited scope with boundaries and noted mixed community support for enacting a larger one-way system in Corona del Mar. Laura Curran announced opportunities for public comment on this topic at the Corona del Mar Residents Association meeting. She thanked Council Member renner for hosting related meetings and encouraged residents to read about the Mariners traffi ing measures (Item 22). Jim Mosher noted there was overwhelming support for Goldenrod Avenue but less than 50 percent support for Dahlia Avenue, and inquired whether additional outreach will be conducted before the second reading of the ordinance. 10 In response to Mayor Muldoon's question, Traffic Engineer Brine indicated that notices can be sent out, noted more than 50% support, and relayed that ,lathering petition signatures is left to the residents. to Council Member Brenner noted that Dahlia Avenue is a short block and residents on Fernleaf Avenue have visited all the homes on Goldenrod'and Dahlia Avenues to talk with the residents. Motion by Council Member Brenner, seconded by Council Member O'Neill, to 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) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-24, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 12.52.040 (Corona del Mar) of the Newport Beach Municipal Code to Designate Portions of Streets as One -Way Traffic Only, and pass to second reading on November 29, 2022. lvp With Council Member Dixon absent, the motion carried 6-0. 6. Resolution No. 2022-81: Condemning the Government of Iran for the Physical Beating and Death of Mahsa Amini by Iran's Morality Police [I00-2022] Mayor Pro Tem Blom expressed support for condemning the actions of the government of Iran but believed it is not the role of local government to get involved in national affairs, and indicated he will be casting a "no" vote. Council Member Avery stated that, while he supports the Iranian people, he will be lodging a "no" vote because he agreed that the City should focus on local government. Council Member O'Neill concurred with Mayor Pro Tem Blom, but will be abstaining from the vote, and noted that a peaceful protest will be taking place near the Civic Center over the weekend. Council Member Brenner indicated she will also be casting a "no" vote. Volume 65 - Page 435 City of Newport Beach City Council Meeting November 15, 2022 Mayor Muldoon found the behavior of the Iranian government reprehensible and expressed a desire to stand in solidarity with the victims. Motion by Mayor Pro Tem Blom, seconded by Council Member Avery, to not adopt Resolution No. 2022-81, A Resolution of the City Council of the City of Newport Beach, California, Condemning the Government of Iran for the Physical Beating and Death of Mahsa Amini by Iran's Morality Police. With Mayor Muldoon voting "no," Council Member O'Neill abstaining, and Council Member Dixon absent, the motion carried 4-1-1. X. PUBLIC COMMENTS ON NON -AGENDA ITEMS Phillip Mitchell, Orange County Chapter President of the California Society of the Sons of the American Revolution, Jim Klingler, President of the California Society of the Sons of the American Revolution, and Paul Garcia, Orange County Chapter Vice President, thanked the City for flying the American flag at City facilities and supporting Castaway Park during the Field of Honor, and presented a Certificate of Appreciation to the City. They announced the 250th birthday of the United States and provided collectible challenge coins to each Council Member. Regarding Item 22 (Mariners Neighborhood Traffic Calming Measures), an unidentified speaker noted the removal of the Dover Drive speed bumps without notification or consultation with the area residents and offered the front of her residence as a newlpeed bump location. Jane Spitz expressed concern for unlicensed rehabilitation facilities, requested the matter be an agenda item, and requested more information on monitoring and regulating. Eric Spitz took issue with how the City is handling unlicensed rehabilitation facilities. Mayor Muldoon reminded everyone that the City Council is bound by State law. Jim Mosher expressed confusion that the agenda does not include an item for consideration regarding unlicensed rehabilitation facilities. ' Laura Curran discussed frustration one part of residents regarding rehabilitation facilities since as early as 2008, opportunities for the City to enforce City and State Codes, and Miramar Recovery Center updates. She expressed the residents' desire for engagement and support from the City. Mayor Muldoon discussed next steps, pointed out that Costa Mesa's ordinance is based on the City's ordinance, and assured that staff is following the law. Council Member Brenner relayed her commitment to finding an effective remedy and asked the new Council to take this issue seriously to protect the community. City Attorney Harp indicated that the City has the ability to regulate certain facilities, but not State -licensed facilities. He expressed hope for more local control. XI. PUBLIC HEARINGS 20. Ordinance No. 2022-25: Nonconforming Code and Local Coastal Program Amendments (PA2022-076) [100-20221 Community Development Director Jurjis and Assistant Planner Perez utilized a presentation to review the amendment and clarify the side setback issue. Volume 65 - Page 436 City of Newport Beach City Council Meeting November 15, 2022 Mayor Muldoon opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Mayor Pro Tern Blom, seconded by Council Member Duffield, to a) find the amendments exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The LCP Amendment is also exempt pursuant to CEQA Guidelines 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; b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-25, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2022-004 to Amend Sections 20.18.030 (Residential Zoning Districts General Development Standards), 20.38.040 (Nonconforming Structures), and 20.38.050 (Nonconforming Uses) of the Newport Beach Municipal Code to Conform with State Law and Correct Errors Related to Setbacks (PA2022-076), and pass to second reading on November 29, 2022; and c) adopt Resolution No. 2022-82, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2022-002 to Amend Sections 21.18.030 (Residential Coastal Zoning Districts General Development Standards), 21.38.040 (Nonconforming Structures), and 21.38.050 (Nonconforming Uses) of the Newport Beach Munic�l Code to Conform with State Law and Correct Errors Related to Setbacks (PA2022-076). With Council Member Dixon absent, themotion carried 6-0. 21. Ordinance Nos. 2022-26 and 2022-27: Adoption of the 2022 California Building Standards Codes with Local Amendments and the 2022 California Fire Code with Local Amendments [100-2022] Community Development Director Jurjis announced ounced that a department title correction is recommended in Ordinance No. 2022-25. Motion by Mayor Muldoon, seconde-c by Council Member O'Neill, to a) find the proposed actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) an 15378 of the CEQA Guidelines, because the code adoption and amendment will not result in a physical change to the environment, directly or indirectly; b) adopt Resolution No. 2022-83, A Resolution of the City Council of the City of Newport Beach, California, Setting Forth FindingN Based on Local Conditions within the City of Newport Beach Which Make Certain Modifications dud Changes to the International Property Maintenance Code, the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code and the International Swimming Pool and Spa Code as Reasonably Necessary Because of Local Climatic, Geographic, or Topographic Conditions; c) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-26, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 15 (Building and Construction) of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division II of the 2022 California Building Code Designated as the Newport Beach Administrative Code; to Adopt the 2022 California Historical Code; the 2022 California Existing Building Code; the 2022 California Green Building Standards Code; and the 2022 California Energy Code; to Adopt with Local Amendments the 2021 International Property Maintenance Code; the 2022 Edition of the 2022 California Building Code; the 2022 Edition of the California Residential Code; the 2022 California Electrical Code; the 2022 California Mechanical Code; and the 2022 California Plumbing Code; to Adopt with Local Amendments the 2021 International Swimming Pool and Spa Code; and to Amend Chapters 15.19 Electrical Vehicle Charging and 15.50 Floodplain Management, as amended, and pass to second reading on November 29, 2022; d) adopt Resolution No. 2022-84, A Resolution of the City Council of the City of Newport Beach, California, Setting Forth Findings Based on Local Conditions within the City of Newport Beach Which Make Certain Modifications and Volume 65 - Page 437 City of Newport Beach City Council Meeting November 15, 2022 Changes to the 2022 Edition of the California Fire Code as Reasonably Necessary Because of Local Climactic Geographic, or Topographic Conditions; and e) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-27, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the 2022 Edition of the California Fire Code, as set forth in Title 24, Part 9 of the California Code of Regulations, with Local Amendments, and pass to second reading on November 29, 2022. Mayor Muldoon opened the public hearing. Jim Mosher questioned whether the changes on page 4 of the staff report apply to select areas in the high fire danger zone. In response to Mayor Muldoon's question, Community Development Director Jurjis confirmed that the changes proposed on page 4 of the staff report are for severe hazard zones that are subject to brush fires. Hearing no further testimony, Mayor Muldoon closed the public hearing. With Council Member Dixon absent, the motion ramie XII. CURRENT BUSINESS %* 22. Post Installation Review of Mariners Neighborhood Traffic Calming Measures [I00-2022] Public Works Director Webb and Traffic Engi eer Brine utilized a presentation to review the Mariners and Dover Shores area traffic calming measure, history, speed data, criteria for speed cushion locations, the Highland Drive signed petition, photos of an existing speed cushion at 1911 Highland Drive, relocation or re%ioval options, and staff recommendations. In response to Mayor Muldoon's question, Traffic Engineer Brine confirmed that the complaints about the speed cushion are related to noise, cushion material, and design. Mayor Pro Tem Blom discussed past conversations on the matter, the ability to remove speed cushions easily, benefits to slo ing vehicles down, and the low fiscal impact for removable speed cushions. In response to Counc: Me er Brenner's questions, Traffic Engineer Brine relayed that staff received 12 to 15 signa res in support of the initial speed cushion location between Irvine Avenue and Mariners Drive and indicated noise studies were not conducted. Council Member Brenner indicated no sound coming from asphalt cushions on Harborview Drive and expressed concern for safety with high traffic around young families. Council Member O'Neill recalled the initial approval terms, noted challenges related to noise with asphalt and rubber speed cushions, thought Council should follow through with the previous assurance to the residents, and supported the removal or relocation of problematic speed cushions. Lisa Ackley displayed a video clip to demonstrate the noise generated by passing vehicles using the speed cushions, discussed the noise and impact to residents, and asked Council to remove the speed cushions. Lauri Lane described the speed cushion sound, discussed the impact to quality of life, and stated she was open to alternatives. Erica Callahan, expressed the opinion that speed cushions do not work, relayed noise disruptions, impact to quality of life, and asked that the speed cushions be removed. Volume 65 - Page 438 City of Newport Beach City Council Meeting November 15, 2022 Robert Ackley noted the noise of motorists passing his house and requested the speed cushions be removed. An unidentified speaker expressed concern relative to how speeding will be handled if the speed cushions are removed. Mayor Muldoon suggested replacing speed cushions with asphalt speed bumps where no residential complaints have occurred and asked if there was consensus for removing the speed cushion on Highland Drive to another location. In response to Mayor Pro Tem Blom's question, Public Works Director Webb discussed the cost relative to installing speed bumps. Mayor Pro Tem Blom was agreeable to removing the speed cushion that residents are complaining about. In response to Council Member Brenner's question, Traffic Engineer Brine relayed that a study collected speed data versus volume data. Council Member B enner supported installing asphalt speed cushions where possible and removing rubber cushion ere they cause a noise problem. Council Member Avery supported removing the Highland Drive speed cushion and cautioned the City about expenses related to future speed cushions. l- L.Council Member O'Neill expressed support for Mayor Muldoon's suggestion and talking with neighbors to assess interest. He stated he was surprised relative to the cost of asphalt speed bumps and was inclined to leave speed cushions in�ace at locations that have no complaints. Mayor Muldoon proposed working with residents to find an alternative location, installing asphalt speed cushions if complaints arise, and leaving speed cushions at locations where no complaints exist. Traffic Engineer Brine noted that there were only two noise complaints out of the 16 speed cushions installed and the other 14 locations appear to be working as intended. Council Member Brenner suggested a %Q� cushion policy that would provide for initial temporary installation of speed cushions to determine proper location and budget for a later asphalt placement. lion, Public Works Director Webb indicated the City does not In response to Mayor Muldoon g have an asphalt speed cushion policy and noted possible reduced costs when considering magnitude of scale. Traffic Engineer Brine relayed that the City will address the speed cushion on Highland Drive and Dover Driv% Council Member Duffield expressed a desire to be flexible and to continue trying to address the speed issue. Mayor Muldoon confirmed the consensus by Council to remove the speed cushion on Highland Drive, explore the one on Dover Drive, and approving the replacement of rubber speed cushions with asphalt in the event of a complaint. Public Works Director Webb stated that no vote is needed, direction received from Council is satisfactory, and relayed next steps. Public Work Director Webb announced the retirement of Traffic Engineer Brine and expressed gratitude for his years of service to the City. Traffic Engineer Brine relayed his enjoyment in working with residents, staff, and Council. 23. Agreement for Purchase and Sale of Real Property and Escrow Instructions with AG Dove Owner, L.P., for Property at 1201 Dove Street (C-9017-1) [381100-2022] Volume 65 - Page 439 City of Newport Beach City Council Meeting November 15, 2022 Community Development Director Jurjis and Real Property Administrator Whitlinger utilized a presentation to review a purchase agreement for 1201 Dove Street to replace the Police Department headquarters, discuss the existing headquarters, display the potential property site map, discuss the 1201 Dove Street off market deal and property description, reasons to purchase the property at this time, and next steps. In response to Council Member O'Neill's question, Community Development Director Jurjis confirmed that staff would recommend to the City Manager to cancel the escrow if the due diligence review results are unfavorable. Mayor Pro Tem Blom thanked staff for their work. Jim Mosher questioned if moving the Police Department away from City Hall creates a disconnect to City functions and discussed police vehicle miles traveled. Motion by Mayor Pro Tem Blom, seconded by Council Member O'Neill, to a) determine this action 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 Section 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 this action will not result in a physical change to the environment, directly or indirectly; b) authorize the City Manager and City Clerk to execute the Agreement for Purchase and Sale of Real Property and Escrow Instructions, and all associated documents necessary to complete the purchase transaction with AG Dove Owner, L.P., to purchase the property at 1201 Dove Street, for a price of $30,500,000, in a form substantially similar to the agreement prepared by the City Attorney; and c) approve Budget Amendment No. 23-028 to record a' budget increase of $30,775,000 as expenditure from the Police Facility Fund, a transfer of $5,231,559 from the Facility Financing Plan Fund (FFP), a transfer of $1,450,000 from the General Fund Capital Improvement Plan, and a budget increase of $300,000 as revenue to the General Fund. 10 With Mayor Muldool�j,Qting "no" and Council Member Dixon absent, the motion carried 5-1. � XIII. MOTION FOR RECONSIDERATION — None XIV. ADJOURNMENT — 6:03 p.m. The agenda was posted 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 November 10, 2022, at 4:00 p.m. Leilani I. Brown City Clerk Kevin Muldoon Mayor Volume 65 - Page 440