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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
OCTOBER 25, 2022
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
REGULAR MEETING — 4:00 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 cityclerk(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
OCTOBER 25, 2022
REGULAR MEETING - 4:00 P.M.
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II. ROLL CALL
III. INVOCATION — Pastor Scott Cody, St. Andrews Presbyterian Church
IV. PLEDGE OF ALLEGIANCE
V. 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.
VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
VII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider directing the Planning Commission, at its January 5, 2023 meeting, to make a
recommendation to the City Council regarding the regulation of fractional ownership
[Dixon]
• Consider adopting a Resolution condemning the government of Iran for the physical
beating and death of Mahsa Amini by Iran's morality police [Dixon]
Vill. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 13). 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.
IX. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 11, 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
October 25, 2022
Page 2
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2022-73: Adopting a Revised Employee Policy Manual
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. 2022-73, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Revised Employee Policy Manual.
4. Resolution No. 2022-74: Establishing an Ad Hoc Citizens' Advisory Committee to Provide
Input and Make Recommendations that will Address Residential Crime and Burglary
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. 2022-74, A Resolution of the City Council of the City of Newport Beach,
California, Establishing the Citizens' Residential Crime and Burglary Advisory Committee;
and
c) Direct the City Clerk to advertise for the citizen members of the Committee.
CONTRACTS AND AGREEMENTS
5. Central Library Boiler and Civic Center Hot Water Heater Replacement Project (Project
No. 22F02) — Notice of Completion for Contract No. 8730-1
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 Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
6. Gateway Park Improvements — Rejection of All Bids for Contract No. 8791-1 (231_01)
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) Reject all bids received for Contract No. 8791-1 and direct staff return all bidders bonds; and
c) Direct staff to modify the bid documents and re -advertise the Gateway Park Improvements
Project for construction.
7. Approval of On -Call Professional Services Agreements for Emergency Medical Services
Nurse Educator/Continuous Quality Improvement 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 On -Call Professional Services Agreements with Caroline Jack for Nurse Educator
Services, and Shelley Brukman for Continuous Quality Improvement Services, with each
agreement being for a three-year term and a total not -to -exceed amount of $120,000, and
authorize the Mayor and City Clerk to execute the agreements.
8. Joint Powers Authority Agreement with California Insurance Pool Authority (CIPA)
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 to enter into the proposed five-year Joint Powers Authority Agreement
with California Insurance Pool Authority (CIPA) and proposed five-year Agreement with CIPA
Regarding Insurance Pool Membership; and
City Council Meeting
October 25, 2022
Page 3
c) Delegate authority to the City Manager to bind coverage and authorize the City Manager to
approve premium payments in the amount of the annual premiums from the Council -
approved budget accounts designated for insurance for the term of the Joint Powers
Authority Agreement.
9. Purchase, Installation and Maintenance Agreement with Axon Enterprise, Inc. for Body -
Worn Cameras, In -Car Video Systems and Tasers
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) Waive the Request for Proposals requirement of Council Policy F-14 and approve selection
of Axon Enterprise products and services through a Sourcewell cooperative competitive
procurement process; and
c) Approve a Purchase, Installation and Maintenance Agreement with Axon Enterprise, Inc. of
Scottsdale, Arizona, for body -worn cameras, in -car video systems, Tasers and related
hardware, software and services for a not -to -exceed cost of $3,430,214 over ten years, and
authorize the Mayor and City Clerk to execute the Agreement.
10. Purchase of Police Patrol Vehicles
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 the purchase of seven Ford Police Interceptor Hybrid Utility vehicles from the
National Auto Fleet Group of Watsonville, California using Sourcewell cooperative pricing
and authorize the City Manager to execute a purchase order in the amount of $421,661.59;
and
c) Approve Budget Amendment No. 23-029 appropriating $104,876.59 in increased
expenditures in Account No. 75304-911016 from the Police Equipment Fund (Fund 753)
balance.
MISCELLANEOUS
11. Planning Commission Agenda for the October 20, 2022 Meeting
Receive and file.
12. Annual Review of Visit Newport Beach Audited Financial Statements and Expenditure
Report
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.
13. Grants and Donations Report for Quarter Ending September 30, 2022
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.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
X. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
October 25, 2022
Page 4
XI. 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.
XII. PUBLIC HEARINGS
14. Resolution No. 2022-75: Authorization to Issue Obligations by the California Municipal
Finance Authority for an Additional Loan Benefiting Harbor Day School
a) Conduct the public hearing under the requirements of the Tax and Equity Fiscal
Responsibility Act and the Internal Revenue Code of 1986, as amended;
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;
c) Conduct the public hearing under the requirements of the Tax and Equity Fiscal
Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the
"Code"); and
d) Adopt Resolution No. 2022-75, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Making of One or More Loans in a Principle Amount Not to Exceed
$5,000,000 for the Purpose of Financing the Additional Costs of Certain Improvements to
Harbor Day School and Certain Other Matters Relating Thereto.
15. Ordinance Nos. 2022-19 and 2022-20: Reconsideration of the Tennis Club at Newport
Beach Project Amendment (PA2021-260)
a) Conduct a public hearing;
b) Adopt Resolution No. 2022-65, A Resolution of the City Council of the City of Newport Beach,
California, Adopting an Addendum to Mitigated Negative Declaration No. ND2010-008 for
the Tennis Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260);
c) Adopt Resolution No. 2022-66, A Resolution of the City Council of the City of Newport Beach,
California, Approving a General Plan Amendment, Amendment to Major Site Development
Review No. SD2011-002, Amendment to Coastal Development Permit No. CD2017-039,
Amendment to Vesting Tentative Tract Map No. NT2005-003, and Amendment to Limited
Term Permit No. XP2011-004 for the Tennis Club at Newport Beach Located at 1602 East
Coast Highway (PA2021-260);
d) Adopt Resolution No. 2022-67, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of a Local Coastal Program Amendment to the California
Coastal Commission to Amend the Newport Beach Country Club Planned Community
Development Plan (PC-47) for the Tennis Club Located at 1602 East Coast Highway
(PA2021-260);
e) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2022-19, An Ordinance of the City Council of the City of Newport Beach, California,
Approving an Amendment to the Newport Beach Country Club Planned Community
Development Plan (PC-47) for the Tennis Club at Newport Beach Located at 1602 East
Coast Highway (PA2021-260), and pass to second reading on November 15, 2022; and
f) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2022-20, An Ordinance of the City Council of the City of Newport Beach, California,
Approving the Second Amendment to the Development Agreement (DA2008-001) for the
Tennis Club at Newport Beach Located at 1602 East Coast Highway (PA2021-260), and
pass to second reading on November 15, 2022.
City Council Meeting
October 25, 2022
Page 5
16. Ordinance No. 2022-22, Resolution Nos. 2022-76 to 2022-79, and Lease Amendment:
Lido House Hotel Expansion at 3300 Newport Boulevard and 475 32"d Street (PA2020-068)
a) Conduct a public hearing;
b) Adopt Resolution No. 2022-76, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Addendum No. 2 to the Lido House Hotel Certified Environmental Impact
Report (PA2020-068);
c) Adopt Resolution No. 2022-77, A Resolution of the City Council of the City of Newport Beach,
California, Approving a General Plan Amendment for the Lido House Hotel Located at
3300 Newport Boulevard and 475 32" d Street (PA2020-068);
d) Adopt Resolution No. 2022-78, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of a Local Coastal Program Amendment to the California
Coastal Commission to Amend the City of Newport Beach Coastal Land Use Plan and Title
21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
Related to the Lido House Hotel Located at 3300 Newport Boulevard and 475 32 d Street
(PA2020-068);
e) Adopt Resolution No. 2022-79, A Resolution of the City Council of the City of Newport Beach,
California, Approving Amendments to the Major Site Development Review and Conditional
Use Permit for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32" d Street
(PA2020-068);
f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-
22, An Ordinance of the City Council of the City of Newport Beach, California, Approving a
Zoning Code Amendment for the Lido House Hotel Located at 3300 Newport Boulevard and
475 32" d Street (PA2020-068), and pass to second reading on November 15, 2022; and
g) Authorize the City Manager and City Clerk to execute the Second Amendment to Ground
Lease between the City of Newport Beach and Lido House, LLC (Tenant), to incorporate the
property located at 475 32nd Street into the leased premises and allow the Tenant to
construct five cottages and various site and public improvements, in a form substantially
similar to the agreement prepared by the City Attorney.
17. Annual Review of Zoning Agreement for Sierra by the Sea (PA2010-150)
a) Conduct a public hearing;
b) Find this review exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because this review enforces
an entitlement for use adopted by the City and has no potential to have a significant effect
on the environment;
c) Find that Sierra by the Sea has demonstrated good faith compliance with the terms of the
Zoning Implementation and Public Benefit Agreement; and
d) Receive and file documents submitted by Sierra by the Sea to demonstrate good faith
compliance with the terms of the Zoning Implementation and Public Benefit Agreement.
18. Resolution No. 2022-80: Adopting the General Plan Circulation Element Update (PA2017-
141)
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 further that the action is statutorily exempt under Section
15262 of the CEQA Guidelines, which exempts projects involving feasibility or planning
studies for future actions which the City has not approved or funded; and
c) Adopt Resolution No. 2022-80, A Resolution of the City Council of the City of Newport Beach,
California, Adopting an Amendment to the Newport Beach General Plan Updating the
Circulation Element (PA2017-141).
City Council Meeting
October 25, 2022
Page 6
XIII. 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.
XIV. ADJOURNMENT — In memory of Judy Rosener
Testimony given before the City Council is recorded.
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