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Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA MARCH 12, 2024 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 5:00 P.M. WILL O'NEILL, Mayor JOE STAPLETON, Mayor Pro Tern BRAD AVERY, Councilmember NOAH BLOM, Councilmember ROBYN GRANT, Councilmember LAUREN KLEIMAN, Councilmember ERIK WEIGAND, Councilmember 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(o)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 MARCH 12, 2024 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 5:00 P.M. I. ROLL CALL — 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Certificate of Recognition to the Blue Bin Group SS3. Proclamation to Second Harvest SS4. Capital Improvement Program (CIP) Early Look Staff will present the preliminary new projects and funding proposed for the FY 2024-25 Capital Improvement Program for City Council review and discussion. III. PUBLIC COMMENTS 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 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. IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 301 E Balboa Blvd, Newport Beach, CA 92660 — APN: 048-082-01 City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Wooding Whitlinger, Real Property Administrator. Negotiating Parties: Joseph Berkson, Marcus & Millichap, on behalf of Bobby Hanada and Linda Hanada Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. B. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Bruna Shidler v. City of Newport Beach Orange County Superior Court, Case No. 30-2020-01164498-CU-PO-CJC V. RECESS VI. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING City Council Meeting March 12, 2024 Page 2 VII. ROLL CALL Vill. CLOSED SESSION REPORT IX. INVOCATION — Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene X. PLEDGE OF ALLEGIANCE XI. NOTICE TO THE PUBLIC The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three 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 XIII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers 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 minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Councilmember, members of the public are invited to speak on each item for up to three 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. Councilmembers 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 February 27, 2024 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. 2024-5: Adding Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) to the Newport Beach Municipal Code a) Find 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) Conduct second reading and adopt Ordinance No. 2024-5, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) to Title 10 (Offenses and Nuisances) of the Newport Beach Municipal Code. City Council Meeting March 12, 2024 Page 3 RESOLUTIONS FOR ADOPTION 4. Resolution No. 2024-13: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 2 Environmental Cleanup Program 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. 2024-13, A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Approving the Submittal of a Grant Proposal for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 2 Grant Program. 5. Resolution No. 2024-14: Indefinitely Waiving Section A.1. of Council Policy B-13 to Allow for Alcoholic Beverages at the Annual Charity Polo Event Held at Peninsula Park a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor Alterations to Land) because it has no potential to have a significant effect on the environment; and b) Adopt Resolution No. 2024-14, A Resolution of the City Council of the City of Newport Beach, California, Indefinitely Waiving Section A.1 of Council Policy B-13 to Allow for Alcoholic Beverages at the Annual Charity Polo Event Held at Peninsula Park. 6. Resolution No. 2024-15: Authorization to Establish an Other Post -Employment Benefits Trust with Public Agency Retirement 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) Adopt Resolution No. 2024-15, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Public Agencies Post -Employment Benefits Trust (PAPEBT) Administered by Public Agency Retirement Services (PARS), and Appointing the City Manager as the Plan Administrator, c) Authorize the City Manager to negotiate and execute the documents to implement the program. 7. Resolution No. 2024-16: Appointing the City Manager as the Plan Administrator for the Public Agency Retirement Services (PARS), and Delegating Authority to the City Manager to Administer Other Employee Benefit Plans a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2024-16, A Resolution of the City Council of the City of Newport Beach, California, Appointing the City Manager as the Plan Administrator for the Public Agency Retirement Services (PARS), and Delegating Authority to the City Manager to Administer Other Employee Benefit Plans; and c) Authorize the City Manager to negotiate and execute the documents to implement the 401(a) Defined Contribution Plan with Empower Trust Company, LLC. 8. Resolution No. 2024-17: Creating the Destination Marketing Services Ad Hoc 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; b) Adopt Resolution No. 2024-17, A Resolution of the City Council of the City of Newport Beach, California, Creating the Destination Marketing Services Ad Hoc Committee; and c) Confirm the appointments of Mayor Will O'Neill, Councilmember Brad Avery, and Councilmember Erik Weigand to serve on the Destination Marketing Services Ad Hoc Committee. City Council Meeting March 12, 2024 Page 4 MISCELLANEOUS 9. Planning Commission Agenda for the March 7, 2024 Meeting Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XV. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 minutes. Before speaking, please state your name for the record. XVII. PUBLIC HEARING 10. Ordinance No. 2024-6 and Resolution Nos. 2024-18 and 2024-19: Code Enforcement Enhancement Program Associated with the Use of Public Property for Commercial Purposes (PA2024-0015) 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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024- 6, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 10.08.030 (Use of Public Property for Commercial Purposes) of the Newport Beach Municipal Code, and pass to second reading on March 26, 2024; d) Adopt Resolution No. 2024-18, A Resolution of the City Council of the City of Newport Beach, California, Setting the Amount of Impoundment Fees Related to Unauthorized Use of Public Property for Commercial Purposes and Amending the Schedule of Rents, Fines and Fees; e) Adopt Resolution No. 2024-19, A Resolution of the City Council of the City of Newport Beach, California, Adding a Part -Time Public Works Maintenance Aide Position to the Public Works Department, and Upgrading a Part -Time Code Enforcement Officer Position to a Full -Time Code Enforcement Officer Position Within the Community Development Department; and f) Approve Budget Amendment No. 24-054, for $36,748.02 in increased expenditure appropriations in FY 2023-24 for the Unpermitted Commercial Use of Public Property Impounds. XVIII. CURRENT BUSINESS 11. City Membership in the League of California Cities 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) Direct staff not to renew the City of Newport Beach's membership in the League of California Cities; OR c) Authorize staff to renew the City of Newport Beach's annual membership in the League of California Cities. City Council Meeting March 12, 2024 Page 5 XIX. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Councilmembers who voted with the prevailing side. XX. ADJOURNMENT Testimony given before the City Council is recorded. The timer light will turn yellow when the speaker has one minute remaining. The timer light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE