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Home My WebLink About00 - Agenda� �tiW PORT O � � n � z 41F CITY OF NEWPORT BEACH CITY COUNCIL AGENDA FEBRUARY 8, 2022 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 — 6:00 P.M. KEVIN MULDOON, Mayor NOAH BLOM, Mayor Pro Tem BRAD AVERY, Council Member JOY BRENNER, Council Member DIANE B. DIXON, 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(a�newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 FEBRUARY 8, 2022 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 6:00 P.M. ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Update from the City Council Ad Hoc Redistricting Committee Due to the new 2020 Census data the Ad Hoc Redistricting Committee has been reviewing proposed changes to the Council district maps in compliance with federal and state laws and in compliance with the City's Charter. Staff will present the Ad Hoc Committee recommendation of the proposed Council redistricting maps for input so that a final map may be considered at a March City Council meeting. SS3. Outdoor Dining in Public Right -of -Way on Balboa Island and Newport Pier Areas Staff will discuss with the City Council and the public the continued use of the public right-of- way for outdoor dining by some restaurants, and seek policy direction whether to continue to allow it. SS4. Be Well OC Mobile Response Unit Program Implementation Update Be Well OC will provide an update on the implementation of its Newport Beach Mobile Crisis Response Unit. The Be Well OC team will be present in the community 12 hours a day, seven days a week, and provide in -community assessment and stabilization of individuals experiencing mental health or substance use challenges. The team will also be responsible for providing information and referrals, and support and case management. The new service will work in concert with the City's Police and Fire Departments and its homeless outreach team. SS5. Trellis International Community Impact Team Program Update On September 14, 2021, City Council awarded a $30,000 grant agreement to Trellis International (Trellis) in an effort to support community beautification projects within Newport Beach while also working to close the employment gap associated with homeless individuals. Trellis works with the homeless and housing insecure individuals to develop job skills necessary to re-enter the job market. Through this grant over the past many months, Trellis' Community Impact Teams (CIT) have been conducting various volunteer work projects within the City. Staff, as well as Trellis representatives, will present an update on the CIT program and some of the many volunteer projects completed to date. 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 (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. City Council Meeting February 8, 2022 Page 2 IV. CLOSED SESSION — After Study Session A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human Resources Director, and Charles Sakai, Esq., Negotiators. Employee Organizations: Newport Beach Police Management Association (NBPMA) and Association of Newport Beach Ocean Lifeguards (ANBOL). V. RECESS VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION — Dr. Ahmed Soboh, Religious Director, Chino Valley Islamic Center 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 (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 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— 7). 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 January 25, 2022 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. City Council Meeting February 8, 2022 Page 3 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. 3. Ordinance No. 2022-4: Amending the Newport Beach Municipal Code for the Multiple Vessel Mooring System a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it will result in negligible or no expansion of existing use, and also determine this action is not subject to CEQA pursuant to Section 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because this action has no potential for resulting in physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2022-4, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 17.01.030 and Section 17.60.040 of the Newport Beach Municipal Code to Delete Vessel Length Requirements and Clarify Approval Responsibility for the Multiple Vessel Mooring System and to Require Compliance with Applicable Plans and Specifications. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2022-11: Approval of the 2020 Urban Areas Security Initiative Grant Program Transfer Agreement 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. 2022-11, A Resolution of the City Council of the City of Newport Beach, California, Approving the Agreement for Transfer or Purchase of Equipment/Services or for Reimbursement of Training Costs for Fiscal Year 2020 Urban Areas Security Initiative (UASI) between the City of Santa Ana and the City of Newport Beach; and c) Authorize the City Manager to sign the agreement. 5. Correct Recently Approved Street Sweeping Days in Resolution No. 2022-7; and Adopt Resolution No. 2022-12 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. 2022-12, A Resolution of the City Council of the City of Newport Beach, California, Establishing `No Parking" Restrictions on Designated Streets on Specific Days and Times to Improve Street Sweeping Effectiveness and Rescinding Resolution No. 2022- 7. CONTRACTS AND AGREEMENTS 6. Street Pavement Repair Program (Project No. 22R03) — Award of Contract No. 8792-1 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use), of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 8792-1 to PALP Inc., dba Excel Paving Company for the total bid price of $429,748, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $108,000 (approximately 25 percent of total bid) to cover the cost of unforeseen work not included in the original contract. City Council Meeting February 8, 2022 Page 4 7. Civic Center Dog Park Refurbishment — Award of Contract No. 8717-1 (22P12) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Relieve Metrocell Construction, Inc. (Metrocell) of their bid; d) Award Contract No. 8717-1 to Western State Builders for the total bid price of $241,036.26, and authorize the Mayor and City Clerk to execute the contract; e) Establish a contingency of $25,000 (approximately 10 percent of the total bid) to cover the cost of unforeseen work not included in the original contract; and f) Approve Budget Amendment No. 22-041 appropriating $77,969 from the unappropriated General Fund Capital Improvement Program fund balance to Account No. 01201929- 980000-22P12 (Dog Park Refurbishment). 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 (3) minutes. Before speaking, please state your name for the record. XVII. PUBLIC HEARING 8. Resolution Nos. 2022-13 and 2022-14: Overriding ALUC's Determination of Inconsistency and Adopting the 2021-2029 Housing Element Update a) Conduct public hearing; b) Find these activities exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, because they have no potential to have a significant effect on the environment; c) Adopt Resolution No. 2022-13, A Resolution of the City Council of the City of Newport Beach, California, Finding the Newport Beach General Plan 6th Cycle Housing Element Update for the 2021-2029 Period Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Land Use Commission's Determination that it is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2017-141); and d) Adopt Resolution No. 2022-14, A Resolution of the City Council of the City of Newport Beach, California, Adopting the 61 Cycle Draft Housing Element for the 2021-2029 Period as General Plan Amendment No. GP2021-005 (PA2017-141). XVIII. CURRENT BUSINESS 9. Sculpture Exhibition in Civic Center Park — Phase VII 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 10 sculptures and their placement and four alternate sculptures within Civic Center Park, as selected by the public and recommended by the City Arts Commission, for the temporary sculpture exhibit. City Council Meeting February 8, 2022 Page 5 10. Amended and Restated Employment Agreements for Police Chief and Fire Chief; and Resolution No. 2022-15: Adjusting Salary Ranges for Police Chief and Fire Chief 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 the City Manager to Execute a Third Amended and Restated Employment Agreement between the City of Newport Beach and Jon Lewis for Police Chief Services; c) Authorize the City Manager to Execute a First Amended and Restated Employment Agreement between the City of Newport Beach and Jeff Boyles for Fire Chief Services; and d) Adopt Resolution No. 2022-15, A Resolution of the City Council of the City of Newport Beach, California, Modifying the Salary Ranges for the Police Chief and Fire Chief. E/ ky,Wil dI:sP►1Y07:7:7Xd07ill 6'IU7=1:7_A9[07ki1 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. 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