HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
J U LY 25, 2023
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 4:30 P.M.
NOAH BLOM, Mayor
WILL O'NEILL, Mayor Pro Tern
BRAD AVERY, Council Member
ROBYN GRANT, Council Member
LAUREN KLEIMAN, Council Member
JOE STAPLETON, Council Member
ERIK WEIGAND, 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.
LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract
(other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use,
is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars
($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City.
If you have made a qualifying contribution, please ensure to make this disclosure on the record.
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(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
JULY 25, 2023
CLOSED SESSION - 4:00 P.M.
REGULAR MEETING - 4:30 P.M.
ROLL CALL — 4:00 p.m.
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 — Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 145 Industrial Way, Costa Mesa, CA 92627.
City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Wooding Whitlinger,
Real Property Administrator.
Negotiating Parties: Steve Sprenger and Jack McNutt of Newmark.
Under Negotiation: Instruction to City negotiators regarding price and terms of purchase.
IV. RECESS
V. RECONVENE AT 4:30 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
Vill. INVOCATION — Reverend Canon Cindy Evans Voorhees, St. James Episcopal Church
IX. PLEDGE OF ALLEGIANCE
X. PRESENTATION
Recognition of Outgoing Board, Commission, and Committee Members
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
July 25, 2023
Page 2
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 9). 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.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 11, 2023 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. 2023-12: Amendment to the Newport Village Planned Community
Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071)
a) Find the adoption of this ordinance not a project subject to the California Environmental
Quality Act (CEQA) in accordance with Section 21065 of the California Public Resources
Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of
Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines). The proposed action 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; and
b) Conduct second reading and adopt Ordinance No. 2023-12, An Ordinance of the City Council
of the City of Newport Beach, California, Approving an Amendment to the Newport Village
Planned Community (PC-27) Development Plan to Allow Recreational Uses Within Area 1
(PA2023-0071).
CONTRACTS AND AGREEMENTS
4. Reimbursement Agreement with the Orange County Water District Related to
Groundwater Treatment Facilities
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 reimbursement agreement for Per- and polyfluoroalkyl substances (PFAS)
Treatment Facilities and Program Agreement (Reimbursement Agreement) among other
groundwater producers, and the Orange County Water District (OCWD) for reimbursement
funding for the City of Newport Beach to develop, construct, operate, and maintain
groundwater treatment facilities, and authorize the City Manager to execute all documents
to become a party to the Agreement.
City Council Meeting
July 25, 2023
Page 3
5. Approval of Purchase Order for the Purchase and Delivery of 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; and
b) Authorize the City Manager to approve a purchase order for the purchase and delivery of
sodium hypochlorite from JCI Jones Chemical, over the current and next two fiscal years, up
to a total amount of $750,000.
MISCELLANEOUS
6. FY 2022-23 Annual District Discretionary Grant Report and the Grants and Donations
Report for the Quarter Ending June 30, 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) Receive and file.
7. Acceptance of Department of Homeland Security Operation Stonegarden Grant Funds
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) Accept the Department of Homeland Security Operation Stonegarden Grant in the amount
of $62,000; and
c) Approve Budget Amendment No. 24-010 to increase expenditure appropriations by
$52,000.00 in the Detective Division Overtime account, 01035355-713002-G2420; and
$10,000.00 in the Detective Division Special Department Expense account, 01035355-
841046-G2420.
8. Tourism Business Improvement District Annual Report and Fiscal Year 2023-24 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;
b) Authorize a waiver of the timeline provided in Section 3.5 of the Tourism Business
Improvement District Management Agreement;
c) Review and approve the Newport Beach Tourism Business Improvement District's FY 2023-
24 Annual Report; and
d) Review and approve the Newport Beach Tourism Business Improvement District's FY 2023-
24 Budget.
9. Visit Newport Beach, Inc. FY 2024 Destination Business Plan Supplement and Budget,
and FY 2023 Performance Standards Report
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) Review, receive and file the FY 2024 Newport Beach & Company Destination Business Plan
Supplement;
c) Receive and file the Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2023
Performance Standards Report; and
d) Review and approve the Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2024 Budget.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
July 25, 2023
Page 4
XVI. 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.
XVII. PUBLIC HEARINGS
10. Resolution No. 2023-42: Appeal of a Limited Term Permit for the Aeronutronic Ford Soil
Vapor Remediation (PA2022-0180)
a) Conduct a de novo public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15330/Class 30 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate
the Release or Threat of Release of Hazardous Water or Hazardous Substances), under
Section 15308/Class 8 (Actions by Regulatory Agencies for Protection of the Environment),
and under Section 15303/Class 3 (New Construction or Conversion of Small Structures) of
the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because
it has no potential to have a significant effect on the environment; and
c) Adopt Resolution No. 2023-42, A Resolution of the City Council of the City of Newport Beach,
California, Denying an Appeal and Upholding the Decision of the Planning Commission to
Approve a Limited Term Permit for a Soil Vapor Extraction and Treatment System Located
at 94 Hartford Drive [NH] (PA2022-0180).
11. Resolution No. 2023-43: Intent to Override Airport Land Use Commission Finding of
Inconsistency for Newport Place Planned Community Amendment (PA2023-0082)
a) Conduct a public hearing;
b) Find the proposed overriding action is not subject to 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 because it has no potential for resulting in physical change to the
environment, directly or indirectly; and
c) Adopt Resolution No. 2023-43, A Resolution of the City Council of the City of Newport Beach,
California, Notifying the Orange County Airport Land Use Commission and the State Division
of Aeronautics of the City's Intention to Find that an Amendment to the Newport Place
Planned Community is Consistent with the Purposes of the State Aeronautics Act and to
Overrule the Orange County Airport Land Use Commission's Determination that the
Amendment is Inconsistent with the John Wayne Airport Environs Land Use Plan (PA2023-
0082).
12.Ordinance No. 2023-13: An Amendment to Newport Place Planned Community
Development Plan to Revise the Minimum Affordability Housing Percentage of the
Residential Overlay (PA2023-0082)
a) Conduct a public hearing;
b) Find the Amendment is not subject to 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 because it has no potential for resulting in 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. 2023-
13, An Ordinance of the City Council of the City of Newport Beach, California, Approving
Newport Place Planned Community Development Plan Amendment to Revise the Minimum
Affordability Housing Percentage of the Residential Overlay (PA2023-0082), and pass to
second reading on August 22, 2023.
City Council Meeting
July 25, 2023
Page 5
13. Resolution Nos. 2023-44 and 2023-45: Collection of Certain Sewer and Recycling Fees and
Charges Through the Property Tax Roll
a) Conduct a public hearing;
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;
c) Adopt Resolution No. 2023-44, A Resolution of the City Council of the City of Newport Beach,
California, Confirming the Sewer Fee Report for Fiscal Year 2023-24 and Authorizing
Collection of the Fee Through the Orange County Tax Roll; and
d) Adopt Resolution No. 2023-45, A Resolution of the City Council of the City of Newport Beach,
California, Confirming the Recycling Fee Report for Fiscal Year 2023-24 and Authorizing
Collection of the Fee Through the Orange County Tax Roll.
XVIII. 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.
E/►�_1111L411111NLlILT, l=IZIII I
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