HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
NOVEMBER 15, 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 cityclerk6d�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
NOVEMBER 15, 2022
REGULAR MEETING - 4:00 P.M.
ROLL CALL — 4:00 p.m.
INVOCATION — Dr. Jim Turrell, Center for Spiritual Living Newport Mesa, Costa Mesa
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATIONS
• Proclamation recognizing the Harbor Department Code Enforcement Team for receiving
the "Most Innovative Program in 2022" by the California Association of Code Enforcement
Officers
• Proclamation recognizing George Hylkema for contributing to water quality and reducing
maintenance costs in Newport Harbor
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. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 19). 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.
Vill. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 25, 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
November 15, 2022
Page 2
ORDINANCES FOR INTRODUCTION
3. Ordinance No. 2022-23: Amending the Newport Beach Municipal Code to Remove
Reference to License Supervisor and License Inspector
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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-
23, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Newport Beach Municipal Code Sections 1.12.020(C) and 5.12.230(E) to Remove Reference
to License Supervisor and License Inspector, and pass to second reading on November 29,
2022.
4. Ordinance No. 2022-24: Designating Portions of Fernleaf Avenue, Goldenrod Avenue and
Dahlia Avenue in Corona del Mar as One -Way Streets
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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-
24, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Section 12.52.040 (Corona del Mar) of the Newport Beach Municipal Code to Designate
Portions of Streets as One -Way Traffic Only, and pass to second reading on November 29,
2022.
ORDINANCE FOR ADOPTION
5. Ordinance No. 2022-22: Approving a Zoning Code Amendment for the Lido House Hotel
Located at 3300 Newport Boulevard and 475 32"d Street (PA2020-068)
a) Determine this amendment is consistent with the California Environmental Quality Act
(CEQA). Pursuant to Section 15062 of the CEQA Guidelines, the changes authorized under
the project are not substantial, as they do not involve new significant effects or a substantial
increase in the severity of previously identified significant effects, and therefore, a
subsequent Environmental Impact Report (EIR) does not need to be prepared. The City
prepared and certified a final EIR for the Lido House Hotel (SCH#2013111022). State CEQA
Guidelines allow for the updating and use of a previously certified EIR for projects that have
changed or are different from the previous project. In cases where changes or additions
occur with no new significant environmental impacts, an addendum to the previously certified
EIR may be prepared pursuant to CEQA Guidelines Section 15164. The City prepared and
approved Addendum No. 2 to the Lido House Hotel's final EIR for the project, which
concludes there are no new environmental impacts and no impacts of greater severity that
would result from approval and implementation of the project; and
b) Conduct second reading and adopt 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).
RESOLUTION FOR ADOPTION
6. Resolution No. 2022-81: Condemning the Government of Iran for the Physical Beating and
Death of Mahsa Amini by Iran's Morality Police
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. 2022-81, A Resolution of the City Council of the City of Newport Beach,
California, Condemning the Government of Iran for the Physical Beating and Death of
Mahsa Amini by Iran's Morality Police.
City Council Meeting
November 15, 2022
Page 3
CONTRACTS AND AGREEMENTS
7. FY2020-21 Traffic Signal Rehabilitation Project (Project No. 21T01) — Notice of Completion
for Contract No. 7791-1A
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. FY2021-22 Traffic Signal Rehabilitation Project (Project No. 22T01) — Notice of Completion
for Contract No. 8746-1
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.
9. Approval of On -Call Maintenance and Repair Agreements for Asphalt and Concrete Street
Repairs Services with Hardy & Harper, Inc., S&H Civilworks, and CT&T Concrete Paving,
Inc.
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 Services Agreements with Hardy & Harper, Inc., S&H Civilworks, and CT&T
Concrete Paving, Inc. for as -needed asphalt and concrete street repair services for three-
year terms with the option for two one-year extensions, and a total not -to -exceed amount of
$300,000 per agreement, and authorize the Mayor and City Clerk to execute the agreements.
10. Approval of Professional Services Agreement with Stantec Consulting Services, Inc.
(Contract No. 8925-1) for East Coast Highway and San Miguel Drive Pavement
Rehabilitation (Project No. 23R11)
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 Professional Services Agreement with Stantec Consulting, Inc. of Irvine, CA, for
the East Coast Highway and San Miguel Drive Pavement Rehabilitation project for a total
not -to -exceed amount of $301,541, and authorize the Mayor and City Clerk to execute the
Agreement.
11. Approval of Amendment No. One to Professional Services Agreement with Marine
Taxonomic Services, LTD for 2022 Newport Harbor Shallow -Water and Deep -Water
Eelgrass Survey
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. One to Professional Services Agreement with Marine Taxonomic
Services, LTD for 2022 Newport Harbor Shallow -Water & Deep -Water Eelgrass Survey to
increase the total not -to -exceed amount by $50,000 for a total not -to -exceed amount of
$203,093.20; and
c) Authorize the Mayor and City Clerk to execute the amendment.
City Council Meeting
November 15, 2022
Page 4
12. Approval of an On -Call Professional Services Agreement for Professional Project
Management Services for Capital Improvement Program Projects
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 an On -Call Professional Services Agreement with Interwest Consulting Group, Inc.
to provide professional management services for a term of three years and a total not -to -
exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the
agreement on a form approved by the City Attorney.
13. Approval of Professional Services Agreement with Newport Bay Conservancy for the
Maintenance and Monitoring of the Big Canyon Phase 2 Restoration (Project No. 23X11)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301(h) of the CEQA Guidelines because the maintenance and
monitoring of existing restoration landscaping involves no expansion of use;
b) Approve Budget Amendment No. 23-033 appropriating $39,500 in increased expenditures in
Account No. 10001940-980000-23X11 from the Upper Newport Bay reserve; and
c) Approve Professional Services Agreement with Newport Bay Conservancy of Newport
Beach, California, for maintenance and monitoring of the Big Canyon Phase 2 Restoration
Project for a total not -to -exceed amount of $264,500, and authorize the Mayor and City Clerk
to execute the Agreement.
14. Purchase of Additional 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 six Ford Police Interceptor 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 $308,707.44; and
c) Approve Budget Amendment No. 23-032 appropriating $56,532.87 in increased
expenditures in Account No. 75304-911016 from the Police Equipment Fund (Fund 753)
balance.
15. Newport Beach Public Library Lecture Hall Approval of Naming Rights Donation
Agreements and Second Amendment to MOU
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 Newport Beach Public Library Lecture Hall Naming Rights Donation Agreement
between the City of Newport Beach, the Newport Beach Public Library Foundation, and
Elizabeth D. Stahr for the Library Courtyard;
c) Approve the Newport Beach Public Library Lecture Hall Naming Rights Donation Agreement
between the City of Newport Beach, the Newport Beach Public Library Foundation, and
Louise and Roy Woolsey for the Lecture Hall Lobby;
d) Waive Council Policy B-9 (Naming of City Parks and Facilities) and B-17 (Parks, Facilities
and Recreation Program Donations) for the naming of various components of the Library
Lecture Hall; and
e) Approve the Second Amendment to the Memorandum of Understanding between the City of
Newport Beach and the Newport Beach Public Library Foundation Related to Fundraising
for the Library Lecture Hall Project.
MISCELLANEOUS
16. Planning Commission Action Report for the November 3, 2022 Meeting
Receive and file.
City Council Meeting
November 15, 2022
Page 5
17. Confirmation of Appointments to the General Plan Advisory 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) Confirm the General Plan Update Steering Committee's recommended appointments of
Dennis Baker, Curtis Black, James Carlson, Jeff Cefalia, Annalisa Clougherty,
Corine Doughty, Jeremy Evans, Arlene Greer, David Guder, Lynn Hackman, Laird Hayes,
Jared Hill, Charles Klobe, Ruth Kobayashi, Denis LaBonge, Jonathan Langford, Katie Love,
Anthony Maniscalchi, Thomas Meng, Jim Mosher, Maxwell Pearson, Robert Rader,
Nancy Scarbrough, Amber Snider, Debbie Stevens, Laurel Tippett, Graham Wahlberg,
Christine Walker, Paul Watkins, and Lori Williams to fill the seats on the General Plan
Advisory Committee.
18. Fiscal Year 2021-22 Year -End Budget Results
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 one-time waiver of policy elements C and D of City Council Policy F-5 - General
Fund Surplus Utilization;
c) Allocate the General Fund surplus by transferring $24,100,000 to the Police Facility Fund as
detailed in Budget Amendment No. 23-026;
d) Approve Budget Amendment No. 22-059 to appropriate revenue and expenses related to
Cal OES reimbursed overtime and the ARPA Water Arrearage Program; and
e) Receive and file the report of budget amendments for the fourth quarter.
19. Fiscal Year 2022-23 First Quarter Financial 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;
b) Approve Budget Amendment No. 23-027, adjusting revenue estimates and expenditure
appropriations for the Fiscal Year 2022-23 budget as outlined in the staff report; and
c) Receive and file the report of budget amendments for the first quarter.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
IX. ITEMS REMOVED FROM THE CONSENT CALENDAR
X. 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.
XI. PUBLIC HEARINGS
20. Ordinance No. 2022-25: Nonconforming Code and Local Coastal Program Amendments
(PA2022-076)
a) Conduct a public hearing;
b) Find the amendments exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly. The LCP Amendment is also
exempt pursuant to CEQA Guidelines 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;
City Council Meeting
November 15, 2022
Page 6
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-
25, An Ordinance of the City Council of the City of Newport Beach, California, Adopting
Zoning Code Amendment No. CA2022-004 to Amend Sections 20.18.030 (Residential
Zoning Districts General Development Standards), 20.38.040 (Nonconforming Structures),
and 20.38.050 (Nonconforming Uses) of the Newport Beach Municipal Code to Conform with
State Law and Correct Errors Related to Setbacks (PA2022-076), and pass to second
reading on November 29, 2022; and
d) Adopt Resolution No. 2022-82, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2022-002
to Amend Sections 21.18.030 (Residential Coastal Zoning Districts General Development
Standards), 21.38.040 (Nonconforming Structures), and 21.38.050 (Nonconforming Uses) of
the Newport Beach Municipal Code to Conform with State Law and Correct Errors Related
to Setbacks (PA2022-076).
21. Ordinance Nos. 2022-26 and 2022-27: Adoption of the 2022 California Building Standards
Codes with Local Amendments and the 2022 California Fire Code with Local Amendments
a) Conduct a public hearing;
b) Find the proposed actions are not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) and 15378 of the CEQA Guidelines,
because the code adoption and amendment will not result in a physical change to the
environment, directly or indirectly;
c) Adopt Resolution No. 2022-83, A Resolution of the City Council of the City of Newport Beach,
California, Setting Forth Findings Based on Local Conditions within the City of Newport
Beach Which Make Certain Modifications and Changes to the International Property
Maintenance Code, the California Building Code, the California Residential Code, the
California Electrical Code, the California Mechanical Code, the California Plumbing Code
and the International Swimming Pool and Spa Code as Reasonably Necessary Because of
Local Climatic, Geographic, or Topographic Conditions;
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-
26, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Title 15 (Building and Construction) of the Newport Beach Municipal Code to Adopt
Amendments to Chapter 1 Division 11 of the 2022 California Building Code Designated as the
Newport Beach Administrative Code; to Adopt the 2022 California Historical Code; the
2022 California Existing Building Code; the 2022 California Green Building Standards Code;
and the 2022 California Energy Code; to Adopt with Local Amendments the
2021 International Property Maintenance Code; the 2022 Edition of the 2022 California
Building Code; the 2022 Edition of the California Residential Code; the 2022 California
Electrical Code; the 2022 California Mechanical Code; and the 2022 California Plumbing
Code; to Adopt with Local Amendments the 2021 International Swimming Pool and Spa
Code; and to Amend Chapters 15.19 Electrical Vehicle Charging and 15.50 Floodplain
Management, and pass to second reading on November 29, 2022;
e) Adopt Resolution No. 2022-84, A Resolution of the City Council of the City of Newport Beach,
California, Setting Forth Findings Based on Local Conditions within the City of Newport
Beach Which Make Certain Modifications and Changes to the 2022 Edition of the California
Fire Code as Reasonably Necessary Because of Local Climactic Geographic, or
Topographic Conditions; and
f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-
27, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the
2022 Edition of the California Fire Code, as set forth in Title 24, Part 9 of the California Code
of Regulations, with Local Amendments, and pass to second reading on November 29, 2022.
City Council Meeting
November 15, 2022
Page 7
XII. CURRENT BUSINESS
22. Post Installation Review of Mariners Neighborhood Traffic Calming Measures
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 and make no modification to the current traffic calming measures
unless otherwise directed by City Council.
23. Agreement for Purchase and Sale of Real Property and Escrow Instructions with AG Dove
Owner, L.P., for Property at 1201 Dove Street
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) Authorize the City Manager and City Clerk to execute the Agreement for Purchase and Sale
of Real Property and Escrow Instructions, and all associated documents necessary to
complete the purchase transaction, with AG Dove Owner, L.P., to purchase the property at
1201 Dove Street, for a price of $30,500,000, in a form substantially similar to the agreement
prepared by the City Attorney; and
c) Approve Budget Amendment No. 23-028 to record a budget increase of $30,775,000 as
expenditure from the Police Facility Fund, a transfer of $5,231,559 from the Facility Financing
Plan Fund (FFP), a transfer of $1,450,000 from the General Fund Capital Improvement Plan,
and a budget increase of $300,000 as revenue to the General Fund.
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
Testimony given before the City Council is recorded.
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