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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
SEPTEMBER 13, 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 Tern
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 citvclerk(a�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
SEPTEMBER 13, 2022
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 5:30 P.M.
I. ROLL CALL — 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Fractional Home Ownership Update
Staff will provide a presentation on what other cities are doing regarding fractional ownership
of single family homes.
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 REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 1201 Dove Street, Newport Beach, California 92660 (APN 427-221-06).
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding
Whitlinger, Real Property Administrator.
Negotiating Parties: Parke Miller.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
V. RECESS
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION — Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene,
Costa Mesa
X. PLEDGE OF ALLEGIANCE
City Council Meeting
September 13, 2022
Page 2
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 (NON -DISCUSSION ITEM)
• Consider partnering with Pedego and the Newport -Mesa Unified School District to provide
E-Bike education to the community with events at various locations in the City, including
the Civic Center — Community Room and OASIS Senior Center [Muldoon]
Consider the adoption of a resolution requesting that: (1) the State return authority for the
regulation of residential care facilities to cities; (2) the State authorize city personnel to
investigate violations of State law and enforce State laws; and (3) until local control is
restored, that the California Department of Health Care Services and Department of Social
Services: (a) immediately investigate any complaint that a residential care facility (subject
to state regulation) has violated the law; (b) ensure that timely enforcement actions are
brought against violators; and (c) that the stiffest penalties allowed under the law are
imposed on violators to help protect those in recovery as well as adjacent neighbors.
[Brenner]
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— 17). 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 August 23, 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.
City Council Meeting
September 13, 2022
Page 3
ORDINANCE FOR ADOPTION
3. Ordinance No. 2022-18: A Code Amendment Updating Density Bonus Regulations to
Comply with State Law (PA2020-032)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2022-18, An Ordinance of the City Council
of the City of Newport Beach, California, Adopting Zoning Code Amendment
No. CA2020-004 Amending Chapter 20.32 (Density Bonus) and Other Related Provisions of
the Newport Beach Municipal Code Related to Density Bonuses to Comply with State Law
(PA2020-032).
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2022-57: Adopting a Memorandum of Understanding with the Association
of Newport Beach Ocean Lifeguards (ANBOL) 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 2022-57, 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 Association of Newport Beach Ocean Lifeguards and Amending the Salary
Schedule; and
c) Approve Budget Amendment No. 23-016 appropriating $80,617 in increased expenditures in
various City division salary and benefits accounts from unappropriated General Fund
balance.
5. Resolution No. 2022- 58: Creating an Ad Hoc Committee to Review the Municipal Code
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. 2022-58, A Resolution of the City Council of the City of Newport Beach,
California, Creating an Ad Hoc Committee to Review the Municipal Code and City Council
Policies and Make Recommendations to the City Council Regarding Possible Modifications
Thereto and the Advisability of Using Sunset Provision; and
c) Direct the Board of Library Trustees, City Arts Commission, Harbor Commission, Parks,
Beaches, and Recreation Commission, and the Planning Commission to each form an ad
hoc committee for the purposes of reviewing the Municipal Code and City Council Policies
within that particular body's expertise and submit back to City Council by June 30, 2023
recommendations concerning: (1) deleting or reducing language; and (2) the advisability of
applying sunset provisions for new or existing Municipal Code provisions.
6. Resolution No. 2022-59: Creating the General Plan Advisory Committee (GPAC)
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. 2022-59, A Resolution of the City Council of the City of Newport Beach,
California, Creating the General Plan Advisory Committee.
City Council Meeting
September 13, 2022
Page 4
CONTRACTS AND AGREEMENTS
7. Balboa Pier and Channel Place Park Restrooms Rehabilitation Project (Project No. 20F02)
— Notice of Completion for Contract No. 8700-1
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.
8. Ocean Piers Maintenance Project (Project No. 221-103) — Notice of Completion for Contract
No. 7884-2
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.
9. City Bridge Deck Maintenance Project —Award of Contract No. 7679-2 (21 R13)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (c) (repair and maintenance of existing street with 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 drawings and specifications;
c) Award Contract No. 7679-2 to Peterson -Chase General Engineering Construction, Inc. for
the total base bid price of $270,800, and authorize the Mayor and City Clerk to execute the
contract; and
d) Establish a contingency of $40,620 (approximately 15 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
10. Award of On -Call Maintenance/Repair Services Agreement with Surfside Restoration &
Waterproofing, Inc., for Seawall Repair 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 the Maintenance/Repair Services Agreement with Surfside Restoration &
Waterproofing, Inc., for seawall repair services, for a five-year contract term with a total
contract compensation amount of $500,000, and authorize the Mayor and City Clerk to
execute the Agreement.
11. Approval of Professional Services Agreement with RJM Design Group, Inc (Contract
No. 8891-1) for Arroyo Park Synthetic Turf Replacement (Project No. 23P11)
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 Professional Services Agreement with RJM Design Group, Inc. of San Juan
Capistrano, California, for the Arroyo Park Synthetic Turf Replacement project for a total
not -to -exceed amount of $168,425, and authorize the Mayor and City Clerk to execute the
Agreement.
City Council Meeting
September 13, 2022
Page 5
12. Award of Professional Contract to ClearSource Financial Consulting for Citywide User
Fee Study and Cost Allocation Plan 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) Authorize the Mayor and City Clerk to sign a three-year term contract, with two optional
one-year extensions with ClearSource Financial Consulting for a total not -to -exceed amount
of $298,610 to perform the fee study and cost allocation plan work; and
c) Approve Budget Amendment No. 23-017 appropriating $33,223 in increased expenditures in
Account No. 0103031-811008 from the General Fund unappropriated fund balance.
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13. Planning Commission Agenda for the September 8, 2022 Meeting
Receive and file.
14. Response to the 2021-2022 Orange County Grand Jury Report "How is Orange County
Addressing Homelessness?"
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) Authorize the Mayor to sign the cover letter and remit the responses of the City of Newport
Beach to the Presiding Judge of the Orange County Superior Court.
15. City Hall and Limited Off -Site Holiday Closure from Saturday, December 24, 2022, through
Monday, January 2, 2023
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 closing the Civic Center and providing limited services at off -site facilities from
Saturday, December 24, 2022, through Monday, January 2, 2023.
16. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to 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) Receive and file the report.
17. Final Tract Map No. 19222 for a Residential Condominium Development Located at
900 Newport Center Drive
a) Find that potential environmental impacts have been previously mitigated through the
implementation of the policies of the General Plan as evaluated in Program Environmental
Impact Report for the 2006 General Plan Update (SCH No. 2006011119) (PEIR);
b) Review and approve the Subdivision Agreement for Final Tract Map No. 19222 pursuant to
Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute
the Subdivision Agreement;
c) Review and approve the required construction securities for Final Tract Map No. 19222
pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works
Director to execute and release securities; and
d) Review and approve the Final Tract Map No. 19222 located at 900 Newport Center Drive
pursuant to Section 19.60.010 of the Municipal Code.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
City Council Meeting
September 13, 2022
Page 6
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
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
18. Resolution No. 2022-60: Amending and Re -Adopting the 2021-2029 6th Cycle Housing
Element
a) Conduct a public hearing;
b) Find this action exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and
c) Adopt Resolution No. 2022-60, A Resolution of the City Council of the City of Newport Beach,
California, Amending and Re -Adopting the 61" Cycle Housing Element for the 2021-2029
Period as General Plan Amendment No. GP2021-005 (PA 2017-141).
XIX. 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.
XX. ADJOURNMENT
Testimony given before the City Council is recorded.
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The timer light will turn red when the speaker has 10 seconds remaining.
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