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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
DECEMBER 13, 2022
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
REGULAR MEETING — 4:00 P.M.
REORGANIZATION — SPECIAL ORDER OF BUSINESS AT 4:30 P.M.
KEVIN MULDOON, Mayor
NOAH BLOM, Mayor Pro Tern
BRAD AVERY, Council Member
JOY BRENNER, 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 cityclerk(o)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
DECEMBER 13, 2022
REGULAR MEETING - 4:00 P.M.
CITY COUNCIL REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 4:30 P.M.
I. CONVENE AT 4:00 P.M. FOR REGULAR MEETING
II. ROLL CALL
III. INVOCATION — Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal
Church
IV. PLEDGE OF ALLEGIANCE
V. 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.
VI. PUBLIC COMMENTS
Public comments are invited on agenda and 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.
VII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Vill. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider adopting a resolution declaring that the Newport Beach City Council stands in
solidarity with the women, men and children of Iran and our Iranian -American population
who have been impacted by the human rights injustices in that country [Brenner]
IX. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 11). 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.
City Council Meeting
December 13, 2022
Page 2
X. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 29, 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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2022-28: Local Coastal Program Amendment to Allow the Transfer of
Development Rights in the Coastal Zone (PA2019-154)
a) Find this amendment exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3),
and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section
15061(b)(3) because it has no potential to have a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2022-28, An Ordinance of the City Council
of the City of Newport Beach, California, Adopting Local Coastal Program Amendment
No. LC2019-003 as Modified by the California Coastal Commission Amending Title 21 (Local
Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related
to Transfer of Development Rights (PA2019-154).
RESOLUTION FOR ADOPTION
4. Resolution No. 2022-93: Approval of Revised City Council Policy F-14
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. 2022-93, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Revised City Council Policies F-14 `Authority to Contract."
CONTRACTS AND AGREEMENTS
5. Civic Center Dog Park Refurbishment (Project No. 22P12) — Notice of Completion for
Contract No. 8717-1
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 Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
6. Award of Maintenance and Repair Service Agreement to Global Power Group, Inc. for City
Generators
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 and Repair Service Agreement with Global Power Group, Inc., for
City generators, for a three-year term with a total contract compensation amount of $300,000,
and authorize the Mayor and City Clerk to execute the Agreement.
City Council Meeting
December 13, 2022
Page 3
7. Single Source Purchase Order and Budget Amendment Approval for Liquid Sodium
Hypochlorite
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 a single source purchase order to Olin Corporation up to $140,000 for the purchase
of liquid sodium hypochlorite; and
c) Approve Budget Amendment No. 23-041 appropriating $140,000 in increased expenditures
in Account No. 7019052-841018 and transferring funds from the Water Enterprise Fund
unappropriated fund balance for the purchase of liquid sodium hypochlorite.
8. Assessment District No. 111 and Underground Utilities District No. 22 Phases 2 & 3,
Contract No. 7833-1 (21A11) — Request for Additional Contingency and Approval of
Budget Amendment
a) On November 10, 2015 the City Council deemed this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302 (d) (conversion of
overhead electrical utility distribution lines where the surface is restored to the condition
existing prior to the undergrounding) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it will not have an adverse effect on the
environment. The exemption was posted and recorded at the County of Orange on
November 20, 2015;
b) Authorize staff to proceed with the additional work and increase project contingency from
$1,742,000 (approximately 25 percent of the contract award of $6,969,777.79) to $3,500,000
(approximately 50 percent of the contract award) to cover the additional cost of requested
additional work; and
c) Approve Budget Amendment No. 23-042 recognizing $2,504,229.75 in contribution revenue
funding from multiple utility companies in Account No. 13501-561007-21A11 and
appropriating $2,504,229.75 in increased expenditures in Account No. 13501-980000-
21A11.
9. Award of Professional Services Contract to Chandler Asset Management for Investment
Advisor 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) Approve a five-year Professional Services Agreement with Chandler Asset Management for
investment advisor services for the five-year period ending December 31, 2027, and a total
not to exceed amount of $750,000; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
10. Approval of Amendment No. One to Professional Services Agreement with Anchor QEA,
LLC for Regional General Permit (RGP-54) Sediment Suitability Characterization
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. 23-043 appropriating $581,553 in increased expenditures
in Account No. 10101-980000-22H07 (Tidelands Capital Harborwide Dredging/Planning)
from the unappropriated Tidelands Capital fund balance; and
c) Approve Amendment No. One to Professional Services Agreement with Anchor QEA, LLC
for Regional General Permit Sediment Suitability Characterization to increase the total
not -to -exceed amount by $257,000 for a total not -to -exceed amount of $581,553, and
authorize the Mayor and City Clerk to execute the amendment.
City Council Meeting
December 13, 2022
Page 4
MISCELLANEOUS
11. Confirmation of Appointments to the Ad Hoc Citizens' Residential Crime and Burglary
Advisory 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 Amy Waunch, Lee Pearl and William
Hartford to the Committee.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
XI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XII. CITY COUNCIL REORGANIZATION — SPECIAL ORDER OF BUSINESS AT 4:30 P.M.
XIII. PUBLIC COMMENTS REGARDING CITY COUNCIL REORGANIZATION
Public comments are invited on Agenda Item XIV. Speakers must limit comments to three (3)
minutes. Before speaking, please state your name for the record.
XIV. CITY COUNCIL REORGANIZATION
PRESENTATIONS
• Presentation of Gavel Plaque to Mayor Kevin Muldoon and Remarks by Mayor Muldoon
• Presentation to Outgoing Council Members and Remarks by Outgoing Council Members
CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS
12. Resolution No. 2022-94: Certification of General Municipal Election Results
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. 2022-94, A Resolution of the City Council of the City of Newport Beach,
California, Reciting the Facts of the General Municipal Election held on Tuesday,
November 8, 2022, and Declaring the Result and Such Other Matters as Provided by Law.
REORGANIZATION
13. Administration of Oath of Office
a) The City Clerk calls elected Council Members Robyn Grant, Lauren Kleiman, Joe Stapleton,
and Erik Weigand forward, the Oath of Office prescribed in the State Constitution is
administered to the elected officials, and the City Clerk delivers to each elected Council
Member a Certificate of Election; and
b) The elected Council Members are seated at the Council dais.
City Council Meeting
December 13, 2022
Page 5
14. Election of Mayor
The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all
members of the Council on an equal basis to nominate and elect.
a) Conduct verbal nominations for Mayor and conduct election by roll call vote;
b) The new Mayor is announced by the City Clerk; and
c) The Mayor takes his/her proper place at Council dais.
15. Election of Mayor Pro Tem
The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all
members of the Council on an equal basis to nominate and elect.
a) Conduct verbal nominations for Mayor Pro Tem and conduct election by roll call vote;
b) The new Mayor Pro Tem is announced by the City Clerk; and
c) The Mayor Pro Tem takes his/her proper place at Council dais.
16. Seating Arrangements for City Council
Council decides on seating arrangement of Council dais (per City Council Policy A-1, members
of the City Council shall be seated at the City Council table with senior Council Members having
first choice of seats. The Mayor, however, shall be seated in the center of the City Council table
and the Mayor Pro Tem shall be seated to the right of the Mayor. In the event of equal seniority
among members of the City Council, selection of City Council seats shall be made by the Council
Member who received the highest margin of victory percentage in the most recent election).
17. Remarks
a) Elected Council Members' remarks; and
b) New Mayor's remarks.
XV. PUBLIC COMMENTS ON CONSENT CALENDAR
Public comments are invited on CONSENT CALENDAR ITEMS 18 & 19. Speakers must limit
comments to three (3) minutes. Before speaking, please state your name for the record.
XVI. CONSENT CALENDAR
RESOLUTION FOR ADOPTION
18. Resolution No. 2022-95: Setting City Council Regular Meeting Dates for Calendar Year
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) Adopt Resolution No. 2022-95, A Resolution of the City Council of the City of Newport Beach,
California, Setting the Time and Dates of City Council Regular Meetings for Calendar Year
2023.
MISCELLANEOUS
19. Designation of City's Representatives Under California Government Code Section
54957.6(A):
Pursuant to California Government Code Section 54957.6(a), designate the Mayor and Mayor
Pro Tem as the City's designated representative for purposes of labor negotiations with all
unrepresented employees within the Key and Management Group including, but not limited to,
the City Manager, City Attorney and City Clerk.
City Council Meeting
December 13, 2022
Page 6
XVII. 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.
XVIII. 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.
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