HomeMy WebLinkAbout11/29/2022 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
November 29, 2022
I. ROLL CALL - 4:00 p.m.
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon (arrived at 4:15 p.m.), Council Member
Duffy Duffield, Council Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Proclamation recognizing Bill Witte and Keiko Sakamoto for their support of the
Library Lecture Hall
Mayor Muldoon read the proclamation and presented it to Bill Witte and Keiko Sakamoto who
thanked the Mayor, recognized their father's legacy, thanked the City for partnering with them,
and hoped the lecture hall will be a valuable addition.
SS3. Potential traffic calming options for Tustin Avenue
Out of an abundance of caution, Mayor Pro Tem Blom recused himself due to real
property interest conflicts for property located at 2902 West Coast Highway.
Public Works Director Webb and Principal Civil Engineer Sommers utilized a presentation to
discuss the background, the possibility of installing sidewalks, Tustin Avenue/Cliff Drive turn
restriction, the pros and cons for a one-way couplet with no closure, Tustin Avenue south end
closure concept, a full closure at Tustin Avenue and Avon Avenue, existing business access, and
turning considerations for trucks. The. presentation also included a map and pros and cons list
for inbound only and outbound only travel on Tustin Avenue.
Principal Civil Engineer Sommers acknowledged the pass -through traffic on Tustin Avenue, a
500 car decrease during the test period and increased traffic on Riverside Avenue, Avon Street,
and Cliff Drive, that Tustin Avenue in its natural state is a low speed and volume street with
no documented police calls, and discussed future development on Mariner's Mile. He concluded
that the recommendation to reopen Tustin Avenue is valid and the study has given staff the
opportunity to understand the pass -through nature within Ocean View and Tustin Avenues and
impacts in the Newport Heights area.
Stephanie King suggested installing signage and a stop sign at Tustin Avenue and Cliff Drive
as speed calming measures, and having more enforcement at the stop sign at Ocean View and
Tustin Avenues.
Carrie Slayback asked Council and staff to work together with the community to reunify the
neighborhood in preparation for potential increased traffic from development at Mariner's Mile.
Rob Clarke concurred with Ms. Slayback's comments, noted concerns for safety and accidents at
Tustin Avenue and Cliff Drive, and supported solutions that help the entire community and
continued attention on the matter.
Jane Kearl expressed her concern for a fair distribution of traffic, supported sidewalk
installation on Tustin Avenue, volunteered to be on a committee to assist with the matter,
expressed the need to protect all the streets in Newport Heights, and liked the suggestion to
\ � install speed signage.
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Lynn Lorenz read comments from a friend regarding the impact of past Newport Heights traffic
studies, suggested a traffic study be conducted before making a final decision about Tustin
Avenue, noted that there are three public schools in the area that are surrounded by busy traffic
thoroughfares without sidewalks, and expressed safety concerns about blocking Tustin Avenue.
Council Member Duffield stated the City needs to step back, take a deeper look, consider calming
efforts for the entire neighborhood, and keep communication open. He acknowledged the impact
new development will create, acknowledged the new ideas, and suggested diverting drivers from
using the shortcut.
Council Member Avery relayed his experience as a resident in Newport Heights and his interest
in adding a dead-end on Holly Lane, noted no neighborhood consensus in the past for bike lanes
and sidewalk installations in Newport Heights, suggested revisiting this matter with the
residents, supported speed signage and stop signs where appropriate, commented on the double
striped lane markings on Holly Lane, suggested following data to identify the potential impact
from the Mariner's Mile development, implementing suggestions from residents, and keeping
all options open.
Council Member Brenner noted similarities between Corona del Mar and Newport Heights,
suggested revolutionary change, acknowledged the additional traffic on residential streets from
Pacific Coast Highway overflow traffic, and expressed concerns for the increased traffic from
new development.
Council Member Dixon stated that the solution lies with the residents since Council cannot
make a decision when the neighborhood is split, favored a more holistic macro -study of overall
traffic patterns in the City, and indicated that now is the time to manage the increased traffic
before new development begins.
Mayor Muldoon concurred with Council Member Brenner's comment on the confusing layout of
the neighborhood and to circulate a petition with ideas that include traffic calming effects.
Public Works Director Webb agreed with installing more signs in the neighborhood, noted the
challenges to gain consensus, indicated that the Circulation Element and other highway
improvements may provide some relief, mentioned the possibility of sidewalk links, and relayed
the concern by staff over the impacts from new development.
In response to Council Member Dixon's question, Public Works Director Webb noted that other
cities have created geofences to prevent certain routes from being suggested by Google, Waze,
and Apple apps. Principal Civil Engineer Sommers relayed that the companies are generally
reluctant to do this at the request of a city, but staff will study it further. Council Member Dixon
recommended traffic enforcement on upper Tustin Avenue, especially for heavy commercial
trucks.
III. PUBLIC COMMENTS
Jim Mosher recommended a no vote for Item XIV (Matters for a Future Agenda) due to an ethical
objection to a minority property owner making plans for the property use.
Regarding Item XIV, Parke Miller, Lincoln Property Company, requested that Council reconsider the
approach for developing the airport area and expressed an interest in participating in discussions and
for project sponsorship, engaging with a transparent and equitable process, community involvement,
and putting together a vision for a one -of a -kind project.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the item listed on the Closed Session agenda and read the title.
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IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
(Government Code § 54956.9(d)(4)): 1 matter
V. RECESSED — 5:09 p.m.
VI. RECONVENED AT 5:38 P.M. FOR REGULAR MEETING
VIL ROLL CALL
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, Council
Member Will O'Neill
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION — Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal
Church
X. PLEDGE OF ALLEGIANCE — Council Member Brenner
XI. PRESENTATION
• Presentation to Outgoing Council Member Diane Dixon
Mayor Muldoon acknowledged Council Member Dixon's service history, thanked her for her
dedicated years to the City, and presented her with a commemorative clock.
Council Member Dixon recounted her eight -years of service, thanked staff, and shared her pride for
a well -run and financially strong City, goals and accomplishments in District One, gratitude for
active residents, and recognized a united Council. She announced that she will be going to
Sacramento to represent Newport Beach and eight other cities in Assembly District 72, will
encourage common sense policy making, and has started the formation of a Coastal Caucus. She
asked for continued support and communication, announced she will be resigning her Council seat
soon, and invited the public to a community swearing -in as an Assembly Member for the 72nd
District on December 11, 2022, in the Council Chambers at 4:00 p.m.
Council Member Brenner relayed what a pleasure it has been working with Council Member Dixon,
stated that she is the hardest working person, always has the good of the community at heart, and
looks forward to what she does in Sacramento.
Sonia Terwiske, representing Congresswoman Michelle Steel, read the Certificate of Recognition
and presented it to Council Member Dixon.
Council Member Avery stated that Sacramento is fortunate to have Council Member Dixon, her
tremendous abilities have been demonstrated in the corporate world and on Council, her common
sense will provide more balance in Sacramento, and Newport Beach and California will be well
represented by her work.
XII. NOTICE TO THE PUBLIC
XIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
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Council Member O'Neill:
• Attended a Transportation Corridor Agency (TCA) meeting at Marina Park
• Announced the 43rd Annual Corona del Mar Christmas Walk, Balboa Island Tree Lighting
Ceremony, and Christmas Boat Parade opening night
Council Member Dixon:
• Attended the Aviation Committee meeting
Council Member Brenner:
• Utilized slides to announce that Brian Fleming was the Veteran of the Year for Newport Beach and
discussed his service to American Legion Post 291; and announced the 43rd Annual Corona del Mar
Christmas Walk
• Requested a future agenda item to consider adopting a resolution that declares that the Newport
Beach City Council stands in solidarity with the people of Iran and our Iranian -American
population who have been impacted by the human rights injustices in that country
Mayor Pro Tem Blom:
• Utilized a slide to announce Operation Christmas
Mayor Muldoon:
• Read an email of gratitude to the Utilities Department staff who rescued a resident's engagement
ring
XIV. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Direct staff to work with the Airport Village Community Plan Group to develop a
Memorandum of Understanding for a community plan in the Airport Area [Mayor
Muldoon]
Council Member O'Neill recused himself due to his membership in the Pacific Club.
In response to Council Member Brenner's question, Mayor Muldoon indicated that his intention is
for the City to retain governing authority, allow other entities to review and consult on the plan,
and ask staff to draft something for Council consideration at the next Council meeting.
Mayor Muldoon, Mayor Pro Tem Blom, and Council Members Avery, Brenner, Dixon, and Duffield
concurred to bring the matter back at a future meeting.
XV. PUBLIC COMMENTS ON CONSENT CALENDAR
Mayor Muldoon explained the process related to the resolution regarding the human rights injustices
in Iran that Council Member Brenner requested at the first Council meeting in January.
Regarding Item 18 (Professional Services Agreement with Townsend Public Affairs, Inc. for State &
Local Government Relations & Advocacy Services), Mayor Muldoon clarified that one purpose of the
contract is to pursue advocacy for rehabilitation facility enforcement and regulation.
Jim Mosher recommended that Item 9 (Adoption of the Emergency Operations Plan (EOP)) be pulled
from the Consent Calendar, encouraged the Emergency Council Committee to review the EOP, and
determine whether the EOP has a plan for the Harbor in the event of a hurricane.
XVI. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the November 15, 2022 City Council Meeting [100-20221
Waive reading of subject minutes, approve as amended, and order filed.
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2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title
only.
ORDINANCES FOR ADOPTION
3. Ordinance No. 2022-23: Amending the Newport Beach Municipal Code to Remove
Reference to License Supervisor and License Inspector [100-20221
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) Conduct second reading and adopt 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.
4. Ordinance No. 2022-24: Designating Portions of Fernleaf Avenue, Goldenrod Avenue and
Dahlia Avenue in Corona del Mar as One -Way Streets [I00-20221
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) Conduct second reading and adopt 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.
5. Ordinance No. 2022-25: Approving a Zoning Code Amendment Related to Nonconforming
Uses and Structures (PA2022-076) [I00-2022]
a) Find this amendment exempt pursuant. to California Environmental Quality Act (CEQA)
Guidelines Sections 15060(c)(2) and 15060(c)(3), California Code of Regulations, Title 14,
Division 6, Chapter 3, because it will not result in a physical change to the environment, directly
or indirectly; and
b) Conduct second reading and adopt 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).
6. Ordinance Nos. 2022-26 and 2022-27: Adoption of the 2022 California Building Standards
Codes with Local Amendments and 2022 California Fire Code with Local Amendments
[100-2022]
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) Conduct second reading and adopt 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 H 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
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c) Conduct second reading and adopt 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.
RESOLUTIONS FOR ADOPTION
7. Resolution No. 2022-85: Approval of Measure M2 Expenditure Report [100-2022]
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) Adopt Resolution No. 2022-85, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the
Fiscal Year Ending June 30, 2022.
8. Resolution No. 2022-86: Extension of Waiver of Fees for the Permitting of Accessory
Dwelling Units (PA2022-037) [I00-2022]
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) Adopt Resolution No. 2022-86, A Resolution of the City Council of the City of Newport Beach,
California, Extending the Temporary Waiver of Building Plan Check, Building Construction
Permit, and Other City Permit Fees Directly Related to the Design and Construction of Accessory
Dwelling Units and Junior Accessory Dwelling Units.
9. Resolution No. 2022-87: Adoption of the City Emergency Operations Plan (EOP) [100-
20221
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. 2022-87, A Resolution of the City Council of the City of Newport Beach,
California, Rescinding the Former Emergency Operations Plan Adopted by Resolution
No. 2011-93, Adopting the 2022 City of Newport Beach Emergency Operations Plan, and
Authorizing Submittal of the 2022 Emergency Operations Plan to the California Office of
Emergency Services.
10. Resolution No. 2022-88: Continuation of a Level Two Water Supply Shortage [100-20221
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. 2022-88, A Resolution of the City Council of the City of Newport Beach,
California, Extending the Declaration of a Level Two Water Supply Shortage as Mandated by
the State Water Board; and
c) Direct staff to implement additional water conservation public education and use restrictions to
conserve water.
CONTRACTS AND AGREEMENTS
11. East Coast Highway and Marguerite Avenue Pavement Rehabilitation (Project
No. 21R12) — Notice of Completion for Contract No. 7807-2 [381100-20221
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.
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12. Via Lido Soud and Nord Pavement Rehabilitation (Project No. 21R11) — Notice of
Completion for Contract No. 7992-1 [381100-2022]
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.
13. Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation — Award of
Contract No. 8728-2 (22R14) [381100-2022]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or 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. 8728-2 to All American Asphalt for the total bid price of $5,669,268.50, and
authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $566,000 (approximately 10 percent of total bid) to cover the cost of
unforeseen work not included in the original contract;
e) Approve the Reimbursement Agreement with Irvine Ranch Water District (IRWD) for the cost
of adjusting IRWD utilities on Newport Coast Drive (C-8728-3); and
f) Approve Budget Amendment No. 23-037 appropriating $195,562 in new revenue and
expenditures from IRWD to 13501-980000-22R14 and appropriating $984,303.75 in increased
expenditures in Account No. 12201-980000-22R14 from Measure M Fair Share Fund
unappropriated fund balance.
14. Concrete Replacement Program (Project No. 231106) — Reject All Bids for Contract
No. 8921-1 [381100-2022]
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;
b) Reject all bids received for Contract No. 8921-1 and direct staff to return all bidders bonds; and
c) Direct staff to re -advertise the Concrete Replacement Program project for construction.
15. Approval of Agreement with Streetlight Restoration Specialists, Inc. for Streetlight Pole
Painting & Restoration Services (C-7051-3) [381100-2022]
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) Approve On -Call Maintenance/Repair Services Agreement with Streetlight Restoration
Specialists, Inc., for streetlight pole painting and restoration services, for a term of five years
with a total not -to -exceed contract compensation amount of $500,000, and authorize the Mayor
and City Clerk to sign and execute the Agreement.
16. Approval of Professional Services Agreement with Black & Veatch Management
Consulting, LLC for 2023 Wastewater and Water Rate Study (C-9046-1) [381100-2022]
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;
b) Approve the Professional Services Agreement for the 2023 Wastewater and Water Rate Study
with Black and Veatch Management Consulting, LLC for $120,000; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
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17. Amendment No. Three to the Professional Services Agreement with Psomas for
Environmental Services for the Revised Newport Village Mixed -Use Project (PA2022-
0166) (C-8605-1) [381100-2022]
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) Approve Amendment No. Three to the Professional Services Agreement with Psomas for
Environmental Impact Report (EIR) for Newport Village Mixed -Use Development in an amount
not to exceed $555,111, and authorize the Mayor and City Clerk to execute the agreement.
Council Member Duffield recused himself from Item 17 due to real property interest
conflicts.
18. Professional Services Agreement with Townsend Public Affairs, Inc. for State & Local
Government Relations & Advocacy Services (C-9047-1) [381100-2022]
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) Approve the Professional Services Agreement with Townsend Public Affairs, Inc. for state and
local government relations and advocacy services for an initial two-year term, ending November
28, 2024, with two optional one-year extensions and a total not to exceed amount of $288,000,
and authorize the Mayor and City Clerk to execute the agreement.
19. Pulled from the Consent Calendar
MISCELLANEOUS
20. Accept the 2020 Emergency Management Performance Grant (C-8075-8) [381100-2022]
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;
b) Accept the grant funding in the amount of $11,706 to be used in support of the City of Newport
Beach's emergency management program; and
c) Approve Budget Amendment No. 23-035 to accept grant funds from the FEMA through the
County of Orange, increase revenue estimates by $11,706 in account 01035352-431250, and
increase expenditures appropriations by $11,706 in account 0103511-821005.
Motion by Mayor Pro Tem Blom, seconded by Council Member Brenner, to approve the Consent
Calendar, except the item removed (Item 19); and noting the recusal by Council Member Duffield to
Item 17, and the amendments to Item 1.
The motion carried unanimously.
XVI. ITEM REMOVED FROM THE CONSENT CALENDAR
19. Gift Agreement Between City of Newport Beach and Friends of Newport Beach Animal
Shelter (FONBAS) to Accept Donation of the Real Property at 20282 Riverside Drive
(C-8532-2) [381100-2022]
Council Member Dixon reviewed the matter and emphasized that it represents a significant
public/private partnership.
Real Property Administrator Whitlinger provided background on the FONBAS and animal shelter
operation.
John Langford, President of FONBAS, on behalf of the entire Board of Directors, thanked Council
for their support, time, and effort, and displayed a slide in tribute to Evelyn Hart, Founding Member
of the FONBAS Board of Directors.
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Motion by Council Member Dixon, seconded by Council Member O'Neill, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section
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; and b) authorize the
City Manager and City Clerk to execute the Gift Agreement and all associated documents necessary
to complete the donation transaction, with Friends of Newport Beach Animal Shelter, to accept
donation of the property at 20282 Riverside Drive, in a form substantially similar to the agreement
prepared by the City Attorney.
The motion carried unanimously.
XVII. PUBLIC COMMENTS ON NON AGENDA ITEMS
Council Member Brenner relayed that four new Council Members will be seated on December 13, 2022,
who will need to be educated on the public's thoughts about the issues in Iran.
Craig Sheets utilized a presentation to discuss oil ships, containers, the Salvation Army, Geiger
counters, the Alaskan Pipeline, and conspiring criminals.
Hengameh "Henny" Abraham relayed her story about leaving Iran, discussed the human rights crisis
in Iran, and took issue that Council did not seek assistance from her in order to change the language in
the resolution that was not adopted.
Mayor Muldoon recessed the meeting at 6:31 p.m. and reconvened the meeting at 6:39 p.m.
with all members of Council present.
An unidentified speaker shared his background, relayed the violence occurring in Iran, and expected
Council to pass the resolution.
"Eddie" Nefar expressed thanks to members of Council who support solidarity and care for people,
emphasized five words encoded in the U.S. Constitution: Liberty and justice for all, and requested that
Council uphold the five words for the Iranian people with an urgent reconsideration.
Kusha Alagband expressed disappointment in Council's vote at the November 15, 2022 Council meeting
against the condemnation of the Islamic Republic of Iran, noted other cities have passed similar
resolutions, noted this is a global human rights issue, and asked Council to expedite a new resolution.
An unidentified speaker relayed the sense of unity for humanity and asked for an exception to provide
a quicker answer and Council support.
Jaffe thanked the Mayor and Council for their time, associated empathy with personal pain, asked for
action and votes, shared his imprisonment experience in Iran, and demanded that Council stand for
what is right and make human rights a priority.
Dr. Angie Sadeghi noted the ongoing actions by the Islamic Republic of Iran regime and requested
Council support by adopting the resolution.
An unidentified speaker asked for the City to condemn the regime of the Islamic Republic of Iran and
take action now.
Dr. Nabi respectfully asked Council to approve the resolution condemning the Islamic Republic of Iran,
recapped past events, and stated this matter is a human rights issue and not political.
Dr. Sanam likened the Iranian government to cancer, demanded a fast resolution, and requested that
Council stand in solidarity with the people of Iran.
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Rose read a poem by Saadi written in 1833, discussed the events happening in Iran, requested Council's
help, stated she no longer can contact her family since the regime disconnected internet service, and
asked that Council approve the resolution condemning the Iranian government.
Imsha questioned why this matter is not worthy of immediate action and stated support cannot wait.
Mona thanked Council for their time and service, described the violence in Iran, and requested action
now.
Mitra Mosallaie noted that the Irvine City Council passed a resolution to condemn the government of
Iran, relayed her shock for the reasons why Council did not pass a resolution, stated the matter is a
humanitarian issue, and asked Council to be the voice of the people.
Anahita expressed her care for all people and that the Morality Police in Iran endangers the whole
world.
Miriam recalled her first voting experience in America, shared what would happen to Iranian people if
they express opposition and raised their voice, and asked for Council to consult the people in attendance
for information, and hold an emergency meeting to pass the resolution.
Harmofi asked Council to pass the resolution this month, noted the goal of the Islamic Republic of Iran
to make Islam a worldwide religion, stated this matter is a human rights issue, and indicated that
Iranian people are being hurt or killed with every day that passes.
Kirkland Alenaca stated this matter is a human rights issue and expressed confusion that Council is
not endorsing the resolution.
An unidentified speaker recounted her experience with the Morality Police in Iran and urged Council to
expedite the resolution.
Michael Jigani relayed a hostage situation 43 years ago involving American citizens and the Iranian
government, noted there are 80 million Iranian people suffering in prison, recognized Newport Beach
residents who are Iranian, and urged Council to reconsider passing the resolution.
An unidentified speaker asked that the audience hold up the pictures of killed Iranian children, noted
that every action matters to the people, and asked Council to think about the less fortunate children in
Iran.
An unidentified speaker recounted the number of killings in Iran and asked for emergency action
An unidentified speaker stated he is in attendance due to his AP Government class, recommended a
condemnation of what the Ayatollah has done in Iran, and stated the happiness of Newport Beach
residents is a top priority.
An unidentified speaker provided her background, described the struggles of the Iranian people, and
asked Council for help.
Mayor Muldoon indicated he will be voting for a second time to condemn the government of Iran, will
continue to pray for a revolution, and reiterated that the straw vote will be held on December 13, 2022.
In a response to Council Member Brenner's question, City Attorney Harp confirmed that an individual
Council Member can sign a condemnation in their personal capacity, independent of the process.
Mayor Muldoon recessed the meeting at 7:36 p.m. and reconvened the meeting at 7:43 p.m.
with all members of Council present.
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XVIII. PUBLIC HEARINGS
21. Annual Review of Zoning Agreement for Sierra by the Sea (C-4145) (PA2010-150) —
continued from the October 25, 2022.City Council meeting [381100-2022]
Community Development Director Jurjis provided a staff report and Assistant Planner Whelan
utilized a presentation to discuss the action plan. She stated that the neighbor indicated that the
new smoking area is working well and is a much -improved situation.
Council Member Avery relayed that these types of facilities are businesses, rules are in place,
multiple things went wrong, neighbors were trying to get help, no one proactively managed the
problem, and expressed doubt that the action plan will be followed.
In response to Council Member Brenner's question, Community Development Director Jurjis stated
that the action plan is specific to this property and operator, but staff can consider making it
applicable to other group homes; however, smoking is not regulated on private property and would
require an ordinance to do so.
In response to Council Member Dixon's questions, Assistant Planner Whelan utilized a presentation
to review the location of current facilities, allowable bed count, occupied facilities, and noted an
annual collection and report of complaints to the Police Department and Code Enforcement.
Community Development Director Jurjis stated that Code Enforcement has been reeducated on the
agreement and will track and log complaints, and noted properties on the map where smoking is
regulated. City Attorney Harp discussed areas where smoking is regulated and confirmed that
private property is not included.
Mayor Muldoon opened the public hearing. Hearing no testimony, he closed the public
hearing.
Julie Thorne, Sierra by the Sea Director of Quality and Compliance, clarified an addendum to the
action plan, stated they are a subacute detox and residential treatment center providing regulated
medical treatment and services and emphasized they are not a group home. She discussed steps
taken to appease their neighbors, they strive to be a gold standard in the field, and stated there are
credentialed professionals on the property 24 hour a day.
In response to Council Member Dixon's question, Ms. Thorne stated smoking is allowed in a
designated area, like other medical facilities, and described her outreach efforts to neighbors and
having received no complaints.
In response to Council Member Duffield's question, City Attorney Harp confirmed that the property
is permitted with the City. Council Member Duffield clarified that State facilities have been
problematic for the City, not City -permitted facilities.
Motion by Mayor Muldoon, seconded by Council Member Duffield, to a) find this review
exempt from the California Environmental Quality Act ("CEQfA") 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; b) find that
Sierra by the Sea has demonstrated good faith compliance with the terms of the Zoning
Implementation and Public Benefit Agreement; and c) receive and file the documents submitted by
Sierra by the Sea to demonstrate good faith compliance with the terms of the Zoning Implementation
and Public Benefit Agreement.
The motion carried unanimously.
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22. Ordinance No. 2022-28 and Resolution No. 2022-90: Amendments to Allow the Transfer of
Development Rights in the Coastal Zone (PA2019-154) [100-2022]
Community Development Director Jurjis and Principal Planner Murillo relayed that being able to
transfer development rights was in the Zoning Code but not in the Coastal Zone, Coastal
Commission approved it, and has been brought before Council to accept the changes.
Mayor Muldoon opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member O'Neill, seconded by Mayor Pro Tern Blom, to a) find this project
exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA
and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is
also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to
have a significant effect on the environment; b) adopt Resolution No. 2022-90, A Resolution of the
City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment
No. LC2019-003 as Modified by the California Coastal Commission adding Policy No. 2.1.1-2 to the
Coastal Land Use Plan Related to the Transfer of Development Rights (PA2019-154); and c) waive
full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-28, An
Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal
Program Amendment No. LC2019-003 as Modified by the California Coastal Commission Amending
Title 21(Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code
Related to the Transfer of Development Rights (PA2019-154), and pass to second reading on
December 13, 2022.
The motion carried unanimously.
23. Annual Reports on Development Impact Fees and Development Agreements (C-5387,
C-8187-1, C-7755-1) [381100-2022]
Mayor Muldoon opened the public hearing. Hearing no testimony, he closed the public
hearing.
Without objection, the Annual Reports on Development Impact Fees and Development Agreements
were received and filed.
XIX. CURRENT BUSINESS
24. Superior Avenue Pedestrian/Bicycle Bridge and Sunset View Park Parking Lot — Award
of Contract No. 8020-6 (15T09) [381100-20221
Mayor Muldoon recused himself due to potential business interest conflicts
Public Works Director Webb and Senior Civil Engineer Tran provided background and utilized a
presentation to review the project and proposed improvements.
Recreation and Senior Services Director Levin reviewed the recreational needs for the park, parking
capacity, access safety concerns, summer camp programming, and the addition of 144 more players
per week and almost 700 more hours per year of field use.
Public Works Director Webb utilized a presentation to review the proposed bridges and display a
rendering.
Senior Civil Engineer Tran utilized a presentation to review the schedule, funding sources, and
project costs.
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Public Works Director Webb addressed the projected costs and funding, indicated it was within
reason, and requested Council approval.
Council Member Avery acknowledged the project costs, the project benefits now and in the future,
and indicated he will be supporting the matter.
Council Member Dixon noted that the project needs to coordinate with Banning Ranch, and in
response to her question, Recreation and Senior Services Director Levin stated that the field use
will more than double based on demand and will be used by children from the Newport -Mesa Unified
School District. Public Works Director Webb indicated that Facilities Financial Plan (FFP) funds
have been held for this project since 2013, the project required involving the California Coastal
Commission, and staff will work with Banning Ranch.
Council Member Duffield and Council Member Avery discussed bridge styles and costs.
Public Works Director Webb clarified that the bridge portion of the project will cost about
$3.1 million.
Jim Mosher wondered if a link is available for citizens to access the current project plan, if the public
can be made aware of the working group members, if $9 million is for parking lot improvements,
and what the contractor will be doing with the passive park area of Sunset View Park.
Mayor Pro Tem Blom highlighted the project costs and acknowledged contingencies for overages by
contractors.
At the request of Council Member Dixon, Public Works Director Webb provided a historical
summary of cost increases since project inception and noted considerations for regulations, permits,
environmental review, and consulting. He stated that the project plans are available at the Public
Works Department and in the Council Chambers tonight.
Council Member Avery stated that it is important for the community to understand the project
details to better understand the costs. Public Works Director Webb indicated that project inclusions
and advanced work were included in the staff report.
Mayor Pro Tem Blom expressed support for infrastructure projects and investments into the City
for future generations.
Motion by Council Member Dixon, seconded by Council Member Avery, to a) find the
requirements for environmental review under the California Environmental Quality Act (CEQA) is
satisfied by the November 19, 2019 Council adoption of Resolution No. 2019-102, AResolution of the
City Council of the City of Newport Beach, California, Adopting Mitigated Negative Declaration
No. ND2019-002 (SCH# 2019099074) for the Superior Avenue Pedestrian and Bicycle Bridge and
Parking Lot Project (PA2019-014), including the Mitigation Monitoring and Reporting Program,
pursuant to CEQA Guidelines and City Council Policy K-3; b) approve the project plans and
specifications; c) approve Budget Amendment No. 23-038 appropriating $2,743,600 in increased
expenditures in Account No. 14001-980000-15T09 from the Circulation and Transportation
unappropriated fund balance; appropriating $544,345 in increased expenditures in Account
No. 56201-980000-15T09; and transferring funds from the Facilities Financial Planning (FFP)
unappropriated fund balance to the FFP: Parks and Community Centers fund; d) award Contract
No. 8020-6 to Reyes Construction, Inc. for the total bid price of $10,518,759, and authorize the Mayor
and City Clerk to execute the contract; e) establish a contingency of $842,000 (approximately
8 percent of total bid) to cover the cost of unforeseen work not included in the original contract;
D authorize an Amendment No. Three to the Professional Services Agreement with Dokken
Engineering (C-8020-5) for professional engineering services to increase the total not -to -exceed
amount by $79,993, for a total not -to -exceed amount of $2,094,999, and authorize the City Manager
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and City Clerk to execute the Amendment in a form to be approved by the City Attorney; and
g) authorize an Amendment No. Four to the Professional Services Agreement with Chambers Group,
Inc. (C-8020-4) for environmental services as required by the Mitigation Monitoring and Reporting
Program to increase the total not -to -exceed amount by $220,407, for a total not -to -exceed amount of
$628,279, and authorize the City Manager and City Clerk to execute the Amendment in a form to
be approved by the City Attorney.
With Mayor Muldoon recusing himself, the motion carried 6-0.
25. Resolution No. 2022-91: Adding a Human Resources Specialist Position for Police
Department Recruitment and Retention [100-20221
Human Resources Director Salvini and Police Chief Lewis relayed challenges related to police officer
recruitment and retention, and noted that by adding a Human Resources Specialist, the Police
Department can fill vacancies more quickly, conduct monthly testing, and fill the over hiring
allowance to balance the attrition rate.
Council Member Dixon supported the recommendation and commended the Human Resources
Department, Police Chief, and City Manager for identifying the problem and developing a creative
solution.
Mayor Pro Tem Blom concurred with Council Member Dixon and noted that the City adjusted well
during an unsure economy in a fiscally sound way but ended up losing buying power, it is important
to be able to recruit and retain, and this is a great beginning for a multifaceted approach.
Council Member Brenner expressed her support for the Police and Fire Departments.
Motion by Council Member Dixon, seconded by Council Member Brenner, to 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. 2022-91, A Resolution of
the City Council of the City of Newport Beach, California, Adding a Human Resources Specialist
Position to the Human Resources Department; and c) approve Budget Amendment No. 23-031
appropriating $71,640 to various salary and benefit accounts.
Jim Mosher supported the item and asked if the budget includes five vacancies or will more positions
need to be added. City Manager Leung confirmed that full staffing is budgeted, but explained that
an adjustment was added for a vacancy factor during the pandemic; however, it has returned to a
fully staffed budget.
The motion carried unanimously.
26. Resolution No. 2022-92: Approving Side Letter Agreements with the Labor Groups
Representing City Employees, Approving a Second Amendment to the Key and
Management Compensation Plan, and Approving Amendments to the Appointee
Employee Agreements and Police and Fire Chief Agreements (C-2051, C-2056, C-2058,
C-2059, C-2060, C-2065, C-2932, C-2946, C-3362, C-7032-5, C-7034-5, C-7098-4, C-8182-2,
C-8568-1) [381100-20221
The City Clerk, City Manager, and City Attorney recused themselves due to potential
impact to personal finances.
Human Resource Director Salvini noted that, although the item impacts all employees, State law
only requires the City to report on the executive employees. She relayed the proposal to reduce
employee contributions to the retirement pension by 1.5% for calendar years 2023 and 2024.
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Jim Mosher inquired about the nuances of why the City Clerk, City Manager, and City Attorney
had to recuse themselves and others did not. Human Resource Director Salvini reported that she is
a part of the executive management team that is covered by the Key and Management plan and will
not receive a unique financial benefit from the outcome of the vote above and beyond what her
co -executive managers will receive, and is allowed to present on the matter pursuant to the Code of
Regulations.
Motion by Mayor Pro Tern Blom, seconded by Council Member Duffield, to 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. 2022-92, A Resolution of
the City Council of the City of Newport Beach, California, Approving Side Letter Agreements with
the Labor Groups Representing City Employees, Approving a Second Amendment to the Key and
Management Compensation Plan, and Approving Amendments to the Appointee Employee
Agreements and Police and Fire Chief Agreements; and c) approve Budget Amendment No. 23-036
transferring $303,153.25 to various salary and benefit accounts.
The motion carried unanimously.
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - Adjourned at 8:46 p.m. in memory of Evelyn Hart
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
November 23, 2022, at 4:00 p.m.
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Le ani . Brown ,
City Clerk
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