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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA DECEMBER 10, 2024 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING — 5:30 P.M. CITY COUNCIL REORGANIZATION — IMMEDIATELY FOLLOWS REGULAR MEETING 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 staff prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(�onewportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 DECEMBER 10, 2024 REGULAR MEETING - 5:30 P.M. CITY COUNCIL REORGANIZATION - IMMEDIATELY FOLLOWS REGULAR MEETING ROLL CALL INVOCATION —Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal Church III. PLEDGE OF ALLEGIANCE IV. PUBLIC COMMENTS The City Council of Newport Beach welcomes and encourages community participation. 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 minutes. Before speaking, please state your name for the record. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES VI. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 13). 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. VII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 12, 2024 and November 19, 2024 City Council Meetings 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. ORDINANCES FOR ADOPTION 3. Ordinance No. 2024-29: Amending Title 21 (Local Coastal Implementation Plan) of the Newport Beach Municipal Code Related to the Lido House Hotel Site (PA2020-068) a) Find this action 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; and City Council Meeting December 10, 2024 Page 2 b) Conduct second reading and adopt Ordinance No. 2024-29, An Ordinance of the City Council of the City of Newport Beach, California, Adopting a Local Coastal Program Amendment to Change the Development Limit Specified for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32"d Street (PA2020-068). 4. Ordinance Nos. 2024-30 to 2024-32: Establishing a Development Impact Fee Program (PA2021-127) a) Determine the adoption of these ordinances is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), 15273, and 15378(b)(4) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Conduct second reading and adopt Ordinance No. 2024-30, An Ordinance of the City Council of the City of Newport Beach, California, Repealing and Replacing Chapter 14.33 (Water and Sewer Capital Improvement Fee) to the Newport Beach Municipal Code Authorizing Collection of Development Impact Fees for Water and Sewer Service Facilities; c) Conduct second reading and adopt Ordinance No. 2024-31, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 15.43 (Recreation Facilities Improvement Fee) to the Newport Beach Municipal Code Authorizing Collection of Development Impact Fees for Recreation Facilities; and d) Conduct second reading and adopt Ordinance No. 2024-32, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 15.44 (Public Safety Development Impact Fee) to the Newport Beach Municipal Code Authorizing Collection of Development Impact Fees for Police and Fire Service Facilities. RESOLUTION FOR ADOPTION 5. Resolution No. 2024-91: Amending the Term for Finance Committee Members to Provide that any Seat on the Finance Committee Held by a Councilmember or the Councilmember's Citizen Appointee is Automatically Vacated Once the Councilmember is No Longer a Member of the City Council 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. 2024-91, A Resolution of the City Council of the City of Newport Beach, California, Amending the Term for Finance Committee Members to Provide that any Seat on the Finance Committee Held by a Councilmember or the Councilmember's Citizen Appointee is Automatically Vacated Once the Councilmember is No Longer a Member of the City Council. CONTRACTS AND AGREEMENTS 6. Newport Coast Pickleball Courts (Project No. 22P13) —Notice of Completion for Contract No. 9018-2 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 7. Approval of Reimbursement Agreement with Cameo Community Association for East Coast Highway Beautification a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (h) (rehabilitation of existing landscape) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; and b) Approve a Reimbursement Agreement with the Cameo Community Association for Irrigation and Landscape Improvements in the City of Newport Beach, and authorize the Mayor and City Clerk to execute the agreement. City Council Meeting December 10, 2024 Page 3 8. East Coast Highway Beautification — Shore Cliffs Landscaping a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (h) (rehabilitation of existing landscape) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; and b) Authorize the expense for landscape and irrigation improvements of up to $125,000 within the public right-of-way and on the private properties located at 301, 321, 341 and 345 Evening Canyon Road. 9. Purchase of 2025 North Star 234-5 Command Vehicle 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 selection and purchase of a 2025 North Star 234-5 Command Vehicle, from Braun Northwest Inc., using cooperative selection and pricing under H-GAC agreement #AM10-23, and authorize the City Manager to execute a purchase order in the amount of $382,625.42. 10. Affordable Housing Loan Agreement to American Family Housing for the Travelodge North Homekey Project at 1400 Bristol Street, Costa Mesa a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; b) Approve Budget Amendment No. 25-047, appropriating $3,000,000 for increased expenditures in the Permanent Supportive Housing Account No. 01201925-980000-22M15; and c) Authorize the City Manager to finalize negotiations and authorize the City Manager and City Clerk to execute the Affordable Housing Loan Agreement between the City of Newport Beach and American Family Housing, LLC, to loan $3,000,000 to convert the property at 1400 Bristol Street, Costa Mesa, into permanent supportive housing, provided the terms of the Agreement are substantially similar with the Agreement attached to the staff report, which terms shall be reviewed and approved by the City Attorney's Office, and to take any other action necessary to implement the Agreement, including, but not limited to, approving and executing additional documents related thereto. 11. Amendment No. Four to the Professional Services Agreement with Psomas for Environmental Services Related to the Newport Village Mixed -Use Project (PA2022-0166) 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 Amendment No. Four to the Professional Services Agreement with Psomas for Environmental Impact Report for Newport Village Mixed -Use Development to extend the termination date to December 31, 2025, and authorize the Mayor and City Clerk to execute the Amendment. MISCELLANEOUS 12. Planning Commission Action Report for the November 21, 2024 Meeting and Agenda for the December 5, 2024 Meeting Receive and file. 13. First Quarter Budget Update 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; City Council Meeting December 10, 2024 Page 4 b) Approve Budget Amendment No. 25-024, adjusting revenue estimates and expenditure appropriations as outlined in the report; and c) Receive and file the report of budget amendments for the first quarter. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED Vill. ITEMS REMOVED FROM THE CONSENT CALENDAR IX. PUBLIC COMMENTS REGARDING CITY COUNCIL REORGANIZATION Public comments are invited on COUNCIL REORGANIZATION. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. X. CITY COUNCIL REORGANIZATION PRESENTATIONS • Presentation of Gavel Plaque to Mayor Will O'Neill • Presentations to Outgoing Councilmembers and Remarks by Outgoing Councilmembers CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS 14. Resolution No. 2024-92: 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. 2024-92, 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 5, 2024, and Declaring the Result and Such Other Matters as Provided by Law. REORGANIZATION 15. Administration of Oath of Office a) The City Clerk calls elected Councilmembers Michelle Barto, Noah Blom, and Sara J. Weber forward, the Oath of Office prescribed in the State Constitution is administered to the elected officials, and the City Clerk delivers to each elected Councilmember a Certificate of Election; and b) The elected Councilmembers are seated at the Council dais. 16. 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. 17. 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. City Council Meeting December 10, 2024 Page 5 18. 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 Councilmembers having first choice of seats. The Mayor, however, shall be seated in the center of the City Council table and the Mayor Pro Tern 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 Councilmember who received the highest margin of victory percentage in the most recent election). 19. Remarks a) Elected Councilmember remarks; and b) New Mayor's remarks. XI. PUBLIC COMMENTS Public comments are invited on agenda and non -agenda items, including Consent Calendar. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. XII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Consider directing City staff to make a recommendation to the City Council regarding a new ordinance designating portions of Corona del Mar, including, but not limited to, Pirate's Cove, Corona del Mar State Beach, Little Corona del Mar Beach, Ocean Boulevard, and the surrounding neighborhoods, as a Safety Enhancement Zone for the 4t" of July holiday weekend, and at other times deemed appropriate [Kleiman] • Consider creating an ad hoc committee to review and make recommendations for revisions to the City Council Policy Manual [Kleiman] XIII. CONSENT CALENDAR RESOLUTION FOR ADOPTION 20. Resolution No. 2024-93: Setting City Council Regular Meeting Dates for Calendar Year 2025 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. 2024-93, 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 2025. XIV. 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. XV. 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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