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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
MARCH 22, 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 — 5:30 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
MARCH 22, 2022
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 5:30 P.M.
ROLL CALL — 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. National Library Week Proclamation
SS3. Financial Evaluation and Framework for Future Inclusionary Housing Ordinance
(PA2022-045)
Receive presentation on findings of financial evaluation and provide staff direction for
framework of the future inclusionary housing program, including the inclusionary housing
percentage, applicability of the program and alternatives for compliance.
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).
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
V. RECESS
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
City Council Meeting
March 22, 2022
Page 2
IX. INVOCATION — Pastor David Manne, Calvary Chapel of Costa Mesa
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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consider reviewing Newport Beach Municipal Code Section 5.46 regarding film permits
[Dixon]
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 14). 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.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the March 8, 2022 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 INTRODUCTION
3. Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to
Raft -Ups, Live-Aboards, On -Shore Moorings, and Other Miscellaneous Provisions
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
City Council Meeting
March 22, 2022
Page 3
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-
9, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Sections 1.05.020, 1.12.020, 17.01.030, 17.10.060, 17.25.010, 17.25.020, 17.40.030,
17.45.020, 17.60.040, 17.65.010 and 17.70.050 of the Newport Beach Municipal Code
Pertaining to Raft -Ups, Live-Aboards, On -Shore Moorings, and Miscellaneous Provisions,
and pass to second reading on April 12, 2022.
ORDINANCES FOR ADOPTION
4. Ordinance No. 2022-7: City Council Districting Map (PA2021-035)
a) Find this project statutorily 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. 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.
5. Ordinance No. 2022-8: Amendment Authorizing Staff to Extend the Time to Complete
Construction for One -Unit and Two -Unit Dwellings
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; and
b) Conduct second reading and adopt 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.
CONTRACTS AND AGREEMENTS
6. Slurry Seal Program (Project No. 211104) —Notice of Completion for Contract No. 7893-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
7. Mission Bay Drive Street Improvements — Notice of Completion for Contract No. 7889-3
(21 R03)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
8. Central Library Boiler and Civic Center Hot Water Heater Replacement Project — Award of
Contract No. 8730-1 (20F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (maintenance of existing public mechanical equipment) 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;
City Council Meeting
March 22, 2022
Page 4
c) Award Contract No. 8730-1 to F.M. Thomas for the total bid price of $171,176, and authorize
the Mayor and City Clerk to execute the contract; and
d) Establish and encumber a contingency of $17,824 (approximately 10 percent of the total bid)
to cover the cost of unforeseen work not included in the original contract.
9. Alley Reconstruction (AD -116, 116B & F Street Areas) — Award of Contract No. 7976-1
(22R07)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (repair and maintenance of existing highways and streets, sidewalks, and
gutters involving 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. 7976-1 to IE Engineering Inc. for the total bid price of $621,688, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish and encumber a contingency of $62,000 (approximately 10 percent of the total bid)
to cover the cost of unforeseen work not included in the original contract.
10. Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot (Project No. 15T09) —
Approval of Professional Services Agreement with Ardurra (Contract No. 8020-6) and
Amendment No. Two with Dokken Engineering (Contract No. 8020-5)
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 Ardurra of Newport Beach, California, for
the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project at a not -to -exceed
price of $1,250,146, and authorize the Mayor and City Clerk to execute the Agreement; and
c) Amendment No. Two to Professional Services Agreement with Dokken Engineering of San
Diego, California, for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project
to increase the total not -to -exceed amount by $125,116 for a total not -to -exceed amount of
$2,015,006, and authorize the Mayor and City Clerk to execute the Amendment.
11. Amendment No. Four to Professional Services Agreement with Parkmobile, LLC for
Pay -By -Cell and Parking Reservation 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) Approve Amendment No. Four to extend the Agreement termination date to March 31, 2023,
and add $116,000 to the not -to -exceed amount; and
c) Authorize the City Manager and City Clerk to execute Amendment No. Four to the
Agreement.
MISCELLANEOUS
12. Planning Commission Agenda for the March 17, 2022 Meeting
Receive and file.
13. Acceptance of Donations for the Police, Fire and Library Departments from the Dorothy
Arens Ressel Trust
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 donations from the Dorothy Arens Ressel Trust for the benefit of the Police, Fire and
Library Departments that in total are anticipated to equal or exceed $120,000 and authorize
the City Manager to take any actions necessary to accept these donations.
City Council Meeting
March 22, 2022
Page 5
14. 2021 Annual General Plan and Housing Element Progress Report (PA2007-195)
a) Find the preparation, review and submission of the 2021 General Plan Progress Report not
subject to the California Environmental Quality Act (CEQA) as the actions are not a project
as defined by Section 15378(b)(2) of the Public Resources Code;
b) Review the 2021 General Plan Progress Report, including the Housing Element Annual
Progress Report; and
c) Authorize the submittal of the 2021 General Plan Progress Report to the California Office of
Planning and Research and the submittal of the Housing Element Annual Progress Report
to the State Department of Housing and Community Development.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
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XVII. 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.
XVIII. PUBLIC HEARING
15. Resolution Nos. 2022-19 and 2022-20: Land Use Entitlements for the Residences at
1300 Bristol Project (PA2021-161)
a) Conduct a public hearing;
b) Adopt Resolution No. 2022-19, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Addendum No. 5 (ER2022-001) to the 2006 General Plan Update
Program Environmental Impact Report and 2008-2014 City of Newport Beach Housing
Element Update Initial Study/Negative Declaration for the Residences at 1300 Bristol Street
Project Located at 1300 North Bristol Street (PA2021-161); and
c) Adopt Resolution No. 2022-20, A Resolution of the City Council of the City of Newport Beach,
California, Approving Site Development Review No. SD2021-003, Affordable Housing
Implementation Plan No. AH2022-001, Traffic Study No. TS2022-001, and Transfer of
Development Rights No. TD2022-001 for the Residences at 1300 Bristol Project Located at
North 1300 Bristol Street (PA2021-161).
XIX. CURRENT BUSINESS
16. Appointment to the Building and Fire Board of Appeals to Fill an Unscheduled Vacancy
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) Appoint Nicky Kapadia or Michael Manning to fill the unexpired balance of Robert Ahlke's
term on the Building and Fire Board of Appeals ending June 30, 2023.
17. Resolution No. 2022-21: Seventh Amended and Restated Employment Agreement for City
Attorney
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 and authorize the Mayor to execute a Seventh Amended and Restated Employment
Agreement between the City of Newport Beach and City Attorney Aaron C. Harp, subject to
the terms and conditions approved by the City Council;
City Council Meeting
March 22, 2022
Page 6
c) Adopt Resolution No. 2022-21, A Resolution of the City Council of the City of Newport Beach,
California, Modifying the Salary Range for the City Attorney; and
d) Approve Budget Amendment No. 22-047 appropriating $5,303 from unappropriated General
Fund balance to various salary and benefit accounts to implement the terms of the
Agreement for the remainder of FY 2021-22.
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.
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