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Home My WebLink About0 - AgendaZ1 FORN�� CITY OF NEWPORT BEACH CITY COUNCIL AGENDA MARCH 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 PUBLIC HEARING — CITY COUNCIL REDISTRICTING MAP — 5:30 P.M. REGULAR MEETING — FOLLOWS THE PUBLIC HEARING 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 MARCH 8, 2022 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION PUBLIC HEARING — CITY COUNCIL REDISTRICTING MAP — 5:30 P.M. REGULAR MEETING — FOLLOWS THE PUBLIC HEARING ROLL CALL — 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Recognition of the Freeway Fighters SS3. Capital Improvement Program (CIP) Early Look Staff will present the preliminary new projects and/or funding proposed for the FY 2022-23 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 (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. IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room 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 Newport Beach Lifeguard Management Association (NBLMA). B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Kevin Muldoon, Mayor, and Noah Blom, Mayor Pro Tem. Unrepresented Employee: Leilani I. Brown, City Clerk, and Aaron C. Harp, City Attorney. V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING City Council Meeting March 8, 2022 Page 2 VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION — Reverend Susan B. Pinkerton, St. Michael & All Angels Episcopal Church X. PLEDGE OF ALLEGIANCE XI. PUBLIC HEARING Ordinance No. 2022-7: City Council Redistricting Map (PA2021-035) 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; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022- 7, An Ordinance of the City Council of the City of Newport Beach, California, Changing and Redefining the City Council District Boundaries as a Result of the United States Census Bureau's 2020 Census, and pass to second reading on March 22, 2022. XII. 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. XIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIV. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consider a discussion regarding the transferability of Short Term Lodging permits [Brenner] • Consider supporting the City of Huntington Beach creating a memorial for HBPD Officer Nicholas Vella in Newport Beach [Muldoon] XV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 2 — 10). 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 March 8, 2022 Page 3 XVI. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 2. Minutes for the February 22, 2022 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. 3. 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 4. Ordinance Nos. 2022-5 and 2022-6: Amending Title 20 and Title 21 of the Newport Beach Municipal Code Related to Accessory Dwelling Units (PA2019-248) a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080.17 of the Public Resource Code and Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; b) Conduct second reading and adopt Ordinance No. 2022-5, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Revisions to Zoning Code Amendment No. CA2019-009 Amending Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Accessory Dwelling Units and Junior Accessory Dwelling Units for Consistency with the California Coastal Commission's Modifications and State Law (PA2019-248); and c) Conduct second reading and adopt Ordinance No. 2022-6, An Ordinance of the City Council of the City of Newport Beach, California, Accepting the California Coastal Commission's Suggested Modifications and Adopting Local Coastal Program Amendment No. LC2019-008 to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Accessory Dwelling Units (PA2019-248). RESOLUTIONS FOR ADOPTION 5. Resolution No. 2022-17: Adopting a Memorandum of Understanding with the Part Time Employees Association of Newport Beach (PTEANB) and Associated Salary Schedule 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. 2022-17, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding Between the City of Newport Beach and the Part Time Employees Association of Newport Beach and Associated Salary Schedule; and c) Approve Budget Amendment No. 22-045 appropriating $57,636 from unappropriated fund balances to various salary and benefit accounts to implement the terms of the MOU for the second half of FY 2021-22, representing the first six months of the four-year period covered by the MOU. City Council Meeting March 8, 2022 Page 4 6. Resolution No. 2022-18: Reestablishing the City Council Homeless 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; and b) Adopt Resolution No. 2022-18, A Resolution of the City Council of the City of Newport Beach, California, Reestablishing the Newport Beach City Council Homeless Ad Hoc Committee. CONTRACTS AND AGREEMENTS 7. Balboa Boulevard and Newport Boulevard Pavement Rehabilitation (Project No. 22R11) — Approval of Professional Services Agreement with Psomas (Contract No. 8833-1) 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 Professional Services Agreement with Psomas of Santa Ana, California, for the Balboa Boulevard and Newport Boulevard Pavement Rehabilitation project at a total not -to -exceed price of $528,566, and authorize the Mayor and City Clerk to execute the Agreement; and c) Approve Budget Amendment No. 22-046 appropriating $378,566 from Neighborhood Enhancement Fund unappropriated fund balance to Account No. 53601-980000-22R11. 8. Amendment No. 1 to On -Call Professional Services Agreement with Perry's Truck and Equipment Repair, LLC for Vessel Removal, Storage and Disposal 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; and b) Approve Amendment No. One to the On -Call Professional Services Agreement with Perry's Truck and Equipment Repair, LLC for vessel removal, storage and disposal services at a not -to -exceed amount of $295,000, and authorize the Mayor and City Clerk to execute the agreement. 9. Amendment No. One to Revocable License Agreement with PCHS Facilities, LLC, for Use of City -Owned Property at 1499 Monrovia Avenue a) Determine this action exempt from the California Environmental Quality Act (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 Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a waiver of City Council Policy F-7 — Income Property based on the findings contained in this staff report, that conducting an open bid process or changing the licensee would result in excessive vacancy and costs, and the use of the property provides a unique service to the community and might not otherwise be provided where an open bid or fair market value of the property be required; and c) Authorize the City Manager and City Clerk to execute Amendment No. One to Revocable License Agreement Between the City of Newport Beach and PCHS Facilities, LLC, Assignee of Kobe Studios, LLC, for the Use of City Property. City Council Meeting March 8, 2022 Page 5 MISCELLANEOUS 10. Budget Amendment to Accept a Check from the Newport Beach Public Library Foundation and Appropriate Funds to the Library's Fiscal Year 2021-22 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; and b) Accept a check in the amount of $25,000 from the Newport Beach Public Library Foundation and approve Budget Amendment No. 22-043 to increase expenditures by the same amount in Division 0106051 (Library Foundation). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVII. ITEMS REMOVED FROM THE CONSENT CALENDAR XVIII. 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. XIX. CURRENT BUSINESS 11. Ordinance No. 2022-8: An Amendment Authorizing Staff to Extend the Time to Complete Construction for One -Unit and Two -Unit Family Dwellings a) Find this action exempt from the California Environmental Quality Act (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, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022- 8, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 15.02.095 of the Newport Beach Municipal Code Authorizing an Extension of the Time Limit to Complete Construction for an Additional Year, and pass to second reading on March 22, 2022. XX. 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. XXI. ADJOURNMENT — In memory of Carol Fracalosy 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