HomeMy WebLinkAbout02 - MinutesMarch 8, 2022
CITY OF NEWPORT BEACH Agenda Item No. 2
City Council Meeting Minutes
Study Session and Regular Meeting
February 22, 2022
I. ROLL CALL - 4:00 p.m.
II.
City Clerk Brown announced that Council Member Duffield was participating from a
teleconference location pursuant to Government Code Section 54953(b) - 4346 Sunrise Drive,
Eden, Utah.
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield
Absent: Council Member Will O'Neill (excused)
SSI. Clarification of Items on the Consent C
SS2. Orange County Housing Finance Trust
Grant Henninger, Orange County Housing
review OCHFT's overview, mission, visior
annual funding sources, and future plans.
utilized a presentation to
Is, development tracking,
In response to Council questions, Mr. Henninger indicated that OCHFT's biggest challenge is
long-term funding, reported they are halfway to reaching the 2,700 affordable housing unit goal,
discussed State funding allocation and budget expectations, local funding sources from the
California Department of Housing and Community Development (HCD), and the expected
construction completion timing for the Bu4ha Park project, confirmed financial assistance for
developers, explained rent restrictions per financing source, service provider relationships, and
the viability of to,j11W funding streams for services and construction, confirmed the high costs
related to purArwand, offered developers a creative solution, noted tax credit challenges
and changes xpressed interest in speaking with prospective donors.
SS3. Update on
Police Chief Lewis WFduced Deputy Chief Cartwright, Deputy Chief Rasmussen, and Senior
Crime Analyst Kondo, and utilized a presentation to review 2021 crime statistics, anticipated
challenges, and crime trends, and discussed Uniform Crime Reports (UCR), Part One Crimes,
2021 year-to-date crimes by category, and 2021 versus 2020 violent crime and property crime
comparisons.
In response to Council questions, Police Chief Lewis and Deputy Chief Cartwright relayed
heightened public awareness of property crimes, acknowledged the influence on public
perception due to social media, reported a decrease in property crime reports in January 2022
compared to January 2021, discussed forecasting challenges, theft/larceny category inclusions,
and arrest approach and philosophy, and commented on Propositions 47 and 57, Assembly Bill
109, and enforcement processes.
Police Chief Lewis continued the presentation to review property crime by category, entry types,
and historical crime and arrest data.
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City Council Meeting
February 22, 2022
In response to Council questions, Police Chief Lewis indicated that total arrests are tracked as
an aggregate number and not as a percentage of crimes to arrests, reported no changes in
enforcement procedures with Proposition 47, noted a high enforcement profile related to crime,
explained crime volume relative to environment, and reported low crime volume in the City.
Deputy Chief Cartwright utilized a presentation to report on the South American theft group,
national threats, and home invasions and apprehensions, as well as security recommendations.
Police Chief Lewis compared career criminal arrest cycles and persistent offenders.
Police Chief Lewis and Deputy Chief Rasmussen utilized a presentation to discuss regional theft
groups in retail and residential settings, and highlighted intent, data, and patrol efforts leading
to an arrest.
In response to Council questions, Police Chief Lewis reviewed the bail system, effective tactics,
arrest benefits, related challenges, tented residence burglaries, security recommendations, and
criminal behaviors, reported on smash and grab incident, expressed optimism for improved
homelessness and innovative mental health programs a1*d partnerships, described cyclical
arrests and penalties, enforcement ethics, and challenges with addressing loud or racing
vehicles, and encouraged residents to call the non -emergency Newport Beach Police Department
phone number to report incidents. He further relayed the Police Department's response
capabilities, vehicle behaviors, task force partnerships, enforce�ent campaigns and operations
related to traffic quality of life issues, and acknowledged the community's appreciation and
support for the Police Department. _
Nancy Gardner suggested that the City generate a plan to address sea -level rise and relayed
uncertainties and advantages of I% an in place.
An unidentified speaker shared anrththe
QFof night work at the corner of Jamboree Road and
Pacific Coast Highway, took issghts and sounds throughout the late evening and early
morning hours.
City Attorney Ha m� announ ty Council would adjourn to Closed Session to
discuss the item It ed in the sed Session agenda, read the titles, and indicated he will be
recusing himself on It ue to personal financial interests.
IV. CLOSED 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).
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: Aaron C. Harp, City Attorney.
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February 22, 2022
V. RECESSED - 5:18 p.m.
VI. RECONVENED AT 5:51 P.M. FOR REGULAR MEETING
VII. ROLL CALL
City Clerk Brown announced that Council Member Duffield was participating from a
teleconference location pursuant to Government Code Section 54953(b) - 4346 Sunrise Drive,
Eden, Utah.
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield
Absent: Council Member Will O'Neill (excused)
VIII. CLOSED SESSION REPORT - None
IN. INVOCATION - Reverend Sadie Cullumber, Harbor Christian Church
X. PLEDGE OF ALLEGIANCE - Council Member Dixon
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM
COMMITTEE ACTIVITIES
Council Member Dixon:
• Utilized a slide to announce a District 1
in the Civic Center Community Room
• Provided a Civic Center tour to Girl Scc
• At Council Member Dixon's request, Co
related to Short -Term Lodvinv (STL)
Town Hall Meeting on March 3, 2022,
6365 with Council Member Brenner
Development Director Jurjis provided an update
• Announced an Aviation Committee meeting on February 28, 2022
• Extended condolences to the family of Huntington Beach Police Officer Nicholas Vella
Council Member Brenner:
• Together with Council Member Dixon, provided a Civic Center tour to Girl Scout Troop 6365 who
are fourth graders from Mariners Elementary School
• Commented on the success of the STL program and requested a future agenda item to discuss the
transferability of STL permits
• Announced the Group Residential Use Community Update Meeting on March 10, 2022, and listed
the expected attendees
Mayor Pro Tem Blom:
Attended the Balboa Island monthly meeting at the Balboa Island Fire Station, and the Newport
Aquatic Center (NAC) President's Day Regatta in Long Beach and announced there were many
first -place winners
Mayor Muldoon:
• Requested a future agenda item to consider supporting the City of Huntington Beach creating a
memorial for Huntington Beach Police Officer Nicholas Vella in the City of Newport Beach
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR - None
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City of Newport Beach
City Council Meeting
February 22, 2022
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the January 29, 2022 Planning Session and February 8, 2022 City Council
Meeting [100-2021]
Waive reading of subject minutes, approve as amended, 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.
1.,1 D1CYI]/1�IY[IAV �I].l E�I7I]1IY[IAq
3. Resolution No. 2022-16: Notice of Intent to Comply with SB 1383 Pursuant to SB 619 [100-
2021]
a) Determine this action is exempt from the Califor4EQA
vironmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) oft Guidelines because this action
will not result in a physical change to the environmen,ectly or indirectly; and
b) Adopt Resolution No. 2022-16, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal to CalRecycle of a Notification of Intent to Comply, Seeking
Administrative Penalty Relief Related to State Mandated Multi -Family Residential Organic
Waste Diversion Requirements. It
CONTRACTS AND AGREEMENTS
4. Approval of Maintenance and Repair Serv� Agreement for Graffiti Abatement
Services with Superior ProServices, Inc. (C-8839-1) [38/100-2021]
exempt
a) Determine this action is 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 sical change to the environment, directly or indirectly; and
b) Approve the M nce and Repairs Services Agreement with Superior Property Services,
Inc., for graffiti abatement services, with a total contract compensation amount of $860,000 over
a five-year ctract term, and authorize the Mayor and City Clerk to execute the Agreement.
5. Approval of Agre ent for On -Call Building Maintenance and Repair Services with
Carmody Construc rvices, Inc. (C-8480-2) and Ramco Construction Services, Inc.
(C-8288-3)[38/100.20
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 On -Call Building Maintenance and Repair Service Agreements with Carmody
Construction Services, Inc. and Ramco Construction Services, Inc. for three-year terms and a
total not -to -exceed amount of $150,000 per agreement, and authorize the Mayor and City Clerk
to execute the agreements.
6. Uniform Services - Approval of Uniform and Floor Mat Service Agreement with Mission
Linen Supply (C-8838-1) [38/100-2021]
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 five-year agreement with Mission Linen Supply for uniform services, for a total
not -to -exceed amount of $250,000.00, and authorize the Mayor and City Clerk to execute the
agreement.
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City of Newport Beach
City Council Meeting
February 22, 2022
7. Professional Services Agreement for Citation Processing, Parking Permit Processing,
Parking Adjudication Support Services, Parking Citation Issuance Hardware, and
Citation Collections Services (C-8027-2) [38/100-2021]
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 and authorize the Mayor and City Clerk to execute the Professional Services
Agreement with Turbo Data Systems, Inc. for a not -to -exceed amount of $1,403,221 over a
five-year contract term.
S. Tentative Agreement with the Part Time Employees Association of Newport Beach
(PTEANB) (C-3362) [38/100-2021]
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 consider the Tentative Agreement between thg City and the Part Time Employees
Association of Newport Beach. 4
MISCELLANEOUS 9. Planning Commission Agenda for the Febru4o7
2 'ng [100-2021]
Receive and file.
10. Fiscal Year 2021-22 Second Quarteral Report [100-2021]
a) Determine this action is exempt fr he California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 5060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Approve Budget Amendment No. 22-040, transferring $31,764 from the General Fund to the
Information Technology Internal Service Fund; and
c) Receive and file the report of budget amendments for the second quarter.
to approve the Consent
Calendar; and noting the amendments tolItem 1.
With Council McAeV'Neill absent, the motion carried 6-0.
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher recommended amendments to City Council Policy A-1 to clarify public comment guidelines
and add a provision for posting tentative agenda items in advance.
Patricia Ann Litten discussed her ownership of a property that had been designated R-2 since 1965,
outlined the timeline of land use designation changes, and noted the City's responsibility to correct
property titles and notify the Orange County Tax Accessor of changes, and requested the City
grandfather her property as an R-1 designation.
Nicholas Earnhart proposed beach signage, funding, and public education in support of sharing the
shore with wildlife, recounted beach observations relative to wildlife and shore bird treatment, reported
a petition and study in cooperation with Audubon's Share the Shore campaign, and referenced the
Migratory Bird Treaty Act.
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City of Newport Beach
City Council Meeting
February 22, 2022
XVII. PUBLIC HEARING
11. 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) [100-2021]
Council Member Brenner recused herself due to real property interest conflicts.
Community Development Director Jurjis and Principal Planner Murillo utilized a presentation to
recap Zoning Code and Local Coastal Program (LCP) Amendments related to Accessory Dwelling
Units (ADUs), announce a community workshop on March 9, 2022, and highlight the California
Coastal Commission (CCC) suggested amendment modifications, options for ADU development, and
staff recommendations.
In response to Council Member Dixon's questions, Principal Planner Murillo confirmed that
non -permitted garages and granny structures are included in the flexible conversion provision,
discussed ADU pending permits, and reviewed the
count.
Mayor Muldoon opened the public hearing.
Jim Mosher questioned prohibiting separate Al
recent State law changes and a potential conflict
Regional Dousing Needs Assessment (RHNA)
sales for nonprofit organizations, highlighted
the draft revisions, and explained that staff is
required to submit the adopted ordinance to HCD for
An unidentified speaker requested
enforcement procedures.
Hearing no further test
Community Development
Building Code and discus:
to occupancy limits per ADU and
closed the public hearing.
that ADU occupant counts are governed by the
for overcrowding.
Motion by Mavor Pro Tem Blom, seconded by Council Member Dixon, to 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) waive
full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-5, An
Ordinance of the City Council of the City of NewportBeach, 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 pass to second reading on March 8, 2022; and c) waive full reading, direct the City Clerk to read
by title only, introduce 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), and pass to second reading on March 8, 2022.
With Council Member O'Neill absent, Council Member Brenner recusing herself, and
Council Member Avery abstaining, the motion carried 4-0-1.
XVIII. MOTION FOR RECONSIDERATION - None
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City of Newport Beach
City Council Meeting
February 22, 2022
NIX ADJOURNMENT - Adjourned at 6:35 p.m. in memory of Huntington Beach Police Officer
Nicholas Vella (https:Hporac.org/fundraiser/support-officer-vella-his-family/)
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
February 17, 2022, at 4:00 p.m.; and on February 18, 2022, at 9:00 a.m. at 4346 Sunrise Drive,
Eden, Utah.
Leilani I. Brown
City Clerk
Kevin Muldoon
Mayor
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