HomeMy WebLinkAbout11/15/2022 - Regular MeetingCITY OF NEWPORT BEACH
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 provided to the Harbor Department Code Enforcement team
and highlighted the Department's focus on education.
Council Member Duffield thanked the Department for their diligence in enforcing Harbor Codes and
encouraged their continued work.
Council Member Avery relayed the most important aspect is welcoming people to the Harbor and
noted good behavior on the part of Harbor users.
• Proclamation recognizing George Hylkema for contributing to water quality and
reducing maintenance costs in Newport Harbor
Mayor Muldoon read the proclamation and presented it to George Hylkema who explained the
development and design of the 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 Mooring 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
• Announced the Transportation Corridor Agency (TCA) Planning Session meeting at Marina Park
hosted by Newport Beach
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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 Year -End 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 INTRODUCTION
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 the 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) [381100-
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
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
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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 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.
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 [381100-20221
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.
Mayor Muldoon recused himself 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) [381100-20221
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) 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. 231111) [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
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.
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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-
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) 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 the Mayor and City Clerk to execute the agreement on a
form approved by the City Attorney.
13. Approval of Professional Services Agreement with Newport Bay Conservancy for the
Maintenance and Monitoring of the Big Canyon 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 maintenance 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 [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;
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 [381100-2022]
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 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);
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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 [100-20221
Receive and file.
17. Confirmation of Appointments to the General Plan Advisory Committee [241100-2022]
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) 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, Graham 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 a physical change to the environment, directly or indirectly;
b) Approve the one-time 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,
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.
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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 [100-2022]
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 Brenner for hosting related meetings
and encouraged residents to read about the Mariners traffic calming 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.
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 gathering petition signatures is left to the
residents.
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.
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 [100-20221
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.
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 Aver, 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.
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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 Castaways 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 new speed 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 on the 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.
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
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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 Municipal Code to Conform with State Law and Correct
Errors Related to Setbacks (PA2022-076).
With Council Member Dixon absent, the motion 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 [100-20221
Community Development Director Jurjis announced that a department title correction is
recommended in Ordinance No. 2022-25.
Motion by Mayor Muldoon, seconded 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) and 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 Findings Based on Local Conditions within the City of Newport Beach Which Make
Certain Modifications and 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 Hof 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
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.
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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 carried 6-0.
XII. CURRENT BUSINESS
22. Post Installation Review of Mariners Neighborhood Traffic Calming Measures [100-2022]
Public Works Director Webb and Traffic Engineer 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 removal 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 slowing vehicles down, and the low fiscal impact for removable speed
cushions.
In response to Council Member Brenner's questions, Traffic Engineer Brine relayed that staff
received 12 to 15 signatures 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.
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.
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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 Brenner supported installing asphalt
speed cushions where possible and removing rubber cushions where 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.
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 place 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 speed cushion policy that would provide for initial temporary
installation of speed cushions to determine proper location and budget for a later asphalt placement.
In response to Mayor Muldoon's question, Public Works Director Webb indicated the City does not
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 Drive,
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) [381100-20221
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.
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City of Newport Beach
City Council Meeting
November 15, 2022
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.
With Mayor Muldoon voting "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 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
November 10, 2022, at 4:00 p.m.
r
Leilani I. Brow
City Clerk
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