HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
SEPTEMBER 10, 2024
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
REGULAR MEETING — 4:00 P.M.
WILL O'NEILL, Mayor
JOE STAPLETON, Mayor Pro Tern
BRAD AVERY, Councilmember
NOAH BLOM, Councilmember
ROBYN GRANT, Councilmember
LAUREN KLEIMAN, Councilmember
ERIK WEIGAND, Councilmember
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.
LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract
(other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use,
is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars
($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City. If
you have made a qualifying contribution, please ensure to make this disclosure on the record.
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
SEPTEMBER 10, 2024
REGULAR MEETING — 4:00 P.M.
ROLL CALL — 4:00 p.m.
INVOCATION — Reverend Monsignor Douglas Cook, Our Lady of Mt. Carmel Catholic Church
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATIONS
• Proclamation Recognizing Laird Hayes
• Proclamation Recognizing Sue Parks and the Orange County United Way
V. PUBLIC COMMENTS
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are invited on items listed on the agenda and non -agenda items. Speakers must limit
comments to three 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 COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
Consider adopting an ordinance updating Chapter 5.46 (Regulation of Commercial Film
Production) to, among other things, protect residential zones from the impact of
commercial filming by prohibiting commercial filming on Sundays and federal holidays;
limiting the hours when commercial filming may occur to 7:00 a.m. to 7:00 p.m.; limiting
the duration of commercial filming permits to two consecutive days; and limiting the
number of commercial filming days to no more than 15 days, per calendar year, at a
specific site/location [O'Neill]
Vill. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 15). Public comments are also invited on Consent Calendar items. Speakers
must limit comments to three minutes. Before speaking, please state your name for the record. If any
item is removed from the Consent Calendar by a Councilmember, members of the public are invited
to speak on each item for up to three 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. Councilmembers 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.
City Council Meeting
September 10, 2024
Page 2
IX. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the August 27, 2024 City Council Meeting
Waive reading of subject minutes, approve as written, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by
title only.
ORDINANCE FOR INTRODUCTION
3. Ordinance No. 2024-20: Adding Chapter 5.98 (Acceptance of Cash by Brick -and -Mortar
Businesses) to the Newport Beach Municipal Code
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-
20, An Ordinance of the City Council of the City of Newport Beach, California, Adding
Chapter 5.98 (Acceptance of Cash by Brick -and -Mortar Businesses) to the Newport Beach
Municipal Code, and pass to second reading on September 24, 2024.
ORDINANCES FOR ADOPTION
4. Ordinance No. 2024-18: Approving a Development Agreement for the Residences at
1600 Dove Street (PA2022-0297)
a) Find Addendum No. 9 to the 2006 General Plan Update Program Environmental Impact
Report and 2008-2014 City of Newport Beach Housing Element Update Initial
Study/Negative Declaration prepared for the Residences at 1600 Dove Street Project
(PA2022-0296) in compliance with the California Environmental Quality Act (CEQA), the
State CEQA Guidelines, and City Council Policy K-3, and adopted by the City Council on
August 27, 2024, by Resolution No. 2024-62; and
b) Conduct second reading and adopt Ordinance No. 2024-18; An Ordinance of the City Council
of the City of Newport Beach, California, Approving a Development Agreement for the
Residences at 1600 Dove Street Project Located at 1600 Dove Street (PA2022-0297).
5. Ordinance No. 2024-19: Amending Chapter 10.08 (Interference with Public Access),
Chapter 10.14 (Prohibition Against Camping in Public Places), and Section 11.04.070
(Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport
Beach Municipal Code
a) Find the adoption of this ordinance 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. 2024-19, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Chapter 10.08 (Interference with Public
Access), Chapter 10.14 (Prohibition Against Camping in Public Places), and Section
11.04.070 (Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of
the Newport Beach Municipal Code.
City Council Meeting
September 10, 2024
Page 3
RESOLUTIONS FOR ADOPTION
6. Resolution No. 2024-66: Medi-Cal Managed Care Rate Range Intergovernmental Transfer
(IGT) Program for Cost Recovery of Emergency Medical Services for Calendar Year 2023
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2024-66, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Mayor and City Manager, or Designees, to Execute Agreements
and Amendments with the Department of Health Care Services (DHCS) and CalOptima to
Participate in the Rating Period of January 1, 2023 Through December 31, 2023 Medi-Cal
Rate Range Intergovernmental Transfer (IGT) Program;
c) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement Regarding
Transfer of Public Funds with the California Department of Health Care Services;
d) Authorize the Mayor and City Clerk to execute the Health Plan -Provider Agreement
Intergovernmental Transfer Rate Range Program Agreement with CalOptima; and
e) Approve Budget Amendment No. 25-014 appropriating $441,584 in increased expenditures
in Account No. 01040404-821008 (IGT) from the General Fund unappropriated fund balance
and increasing revenue estimates related to the Medi-Cal IGT Program by $1,110,112 in
Account No. 01040404-431246.
7. Resolution No. 2024-67: Supporting Proposition 36, the Homelessness, Drug Addiction,
and Theft Reduction Act
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. 2024-67, A Resolution of the City Council of the City of Newport Beach,
California, Supporting Proposition 36, the Homelessness, Drug Addiction and Theft
Reduction Act.
8. Resolution No. 2024-68: Accepting the Department of Homeland Security Operation
Stonegarden Grant Funds FY 2023
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2024-68, A Resolution of the City Council of the City of Newport Beach,
California, Accepting the FY 2023 Operation Stonegarden Grant from the United States
Department of Homeland Security, Administered by the County of Riverside, and
Designating the Chief of Police as the City's Authorized Agent to Execute Grant Documents;
c) Accept the Department of Homeland Security FY 2023 Operation Stonegarden grant award
in the amount of $125,000 and authorize the Chief of Police to execute the grant agreement;
and
d) Approve Budget Amendment No. 25-011 to increase expenditure appropriations by $95,000
in the Detective Division Overtime account, 01035355-713002-G2520; and $30,000 in the
Detective Division Special Department Expense account, 01035355-841046-G2520.
9. Resolution No. 2024-69: Creating the Human Capital and Compensation Ad Hoc
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) Adopt Resolution No. 2024-69, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Human Capital and Compensation Ad Hoc Committee.
City Council Meeting
September 10, 2024
Page 4
CONTRACTS AND AGREEMENTS
10. Fiscal Year 2022-2023 Restroom Rehabilitation — Notice of Completion for Contract
No. 8905-2 (23F02)
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.
11. Approval of On -Call Maintenance Services Agreements for Water Well and Pump
Maintenance and Repair Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly;
b) Approve the On -Call Maintenance/Repairs Services Agreement for Water Well and Pump
Maintenance with Best Drilling and Pump, Inc., for a five-year term and a total not -to -exceed
amount of $400,000, and authorize the Mayor and City Clerk to execute the agreement; and
c) Approve the On -Call Maintenance/Repairs Services Agreement for Water Well and Pump
Maintenance with General Pump Company, Inc., for a five-year term and a total
not -to -exceed amount of $400,000, and authorize the Mayor and City Clerk to execute the
agreement.
12. Fifth Amendment to Lease with Realm Group, LLC for Use of Suite 520 at 1201 Dove Street
a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15301 (Existing facilities) and Section 15302 (Replacement or Reconstruction) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this
project has no potential to have a significant effect on the environment; and
b) Authorize the City Manager and City Clerk to execute the Fifth Amendment to Lease between
the City of Newport Beach and Realm Group, LLC for use of City Property, office space
Suite 520 located at 1201 Dove Street, in a form substantially similar to the amendment
attached to the staff report.
MISCELLANEOUS
13. Planning Commission Agenda for the September 5, 2024 Meeting
Receive and file.
14. City Hall and Limited Off -Site Holiday Closure (Beginning Tuesday, December 24, 2024,
Through Wednesday, January 1, 2025)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Approve closing City Hall and providing limited services at off -site facilities from Tuesday,
December24, 2024, through Wednesday, January 1, 2025.
15. Dismissal of a Civil Service Board Member
a) Determine that the 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 it will not
result in a physical change to the environment, directly or indirectly; and
b) Dismiss Laura Cowie from the Civil Service Board.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
City Council Meeting
September 10, 2024
Page 5
X. ITEMS REMOVED FROM THE CONSENT CALENDAR
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 minutes. Before
speaking, please state your name for the record.
XII. PUBLIC HEARINGS
16. Community Development Block Grant Program Year 2023-24, Consolidated Annual
Performance and Evaluation Report
a) Hold a public hearing to receive comments on the Program Year 2023-24 CAPER;
b) Find this activity 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 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 it has no potential for resulting in physical change to the environment,
directly or indirectly;
c) Approve the Program Year 2023-24 CAPER; and
d) Authorize the City Manager or her designee to submit the Program Year 2023-24 CAPER to
HUD.
17. Ordinance No. 2024-21: Amending Title 21 of the Newport Beach Municipal Code to
Update Density Bonus Regulations to Comply with State Law (PA2020-032)
a) Conduct a public;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3), the general rule that CEQA applies only to projects which have the
potential to have a significant effect on the environment; and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-
21, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local
Coastal Program Amendment No. LC2020-004, as Modified by the California Coastal
Commission, Amending Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code Related to Density Bonuses Standards, to Comply with
State Law (PA2020-032), and pass to second reading on September 24, 2024.
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 Councilmembers who voted with the prevailing
side.
XIV. ADJOURNMENT — In memory of Ced Fields
Testimony given before the City Council is recorded.
The timer light will turn yellow when the speaker has one minute remaining.
The timer light will turn red when the speaker has 10 seconds remaining.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE
PQR CITY OF NEWPORT BEACH
CITY COUNCIL SPECIAL MEETING
> y
CITY COUNCIL CHAMBERS
c 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
'qC! FDRN
TUESDAY, SEPTEMBER 10, 2024 — 5:00 P.M.
City Council Members:
Will O'Neill, Mayor
Joe Stapleton, Mayor Pro Tem
Brad Avery, Council Member
Noah Blom, Council Member
Robyn Grant, Council Member
Lauren Kleiman, Council Member
Erik Weigand, Council Member
LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract
(other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use,
is required to disclose on the record of the proceeding any contribution in an amount of more than $250 made within the
preceding 12 months by the party or the party's agent to any elected or appointed officer of the City. If you have made a
qualifying contribution, please ensure to make this disclosure on the record.
NOTICE TO THE PUBLIC
The agenda was prepared by the City Clerk's Office located at 100 Civic Center Drive, Bay E, 2nd Floor. If you have any
questions, please contact City Clerk staff at 949-644-3005. Agendas, minutes and staff reports are also available on the City's
website: http://www.newportbeachca.gov/agendas.
The Newport Beach City Council is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the
City Council special meeting agenda be posted at least 24 hours in advance of the meeting.
The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited
to three minutes per person to allow everyone to speak. Written comments are encouraged as well.
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 Leilani Brown, City Clerk, 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).
ROLL CALL
II. PUBLIC COMMENTS
Public comments are invited on agenda and non -agenda items generally considered to be within the
subject matter jurisdiction of the City Council. Speakers must limit comments to three minutes.
Before speaking, please state your name for the record.
III. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 3 matters
State Farm General Insurance Company v. City of Newport Beach
Orange County Superior Court Case No. 30-2022-01279624-CU-NP-NJC
City Council Special Meeting
September 10, 2024
Page 2
Marshall Senk et al., v. City of Newport Beach
Orange County Superior Court Case No. 30-2022-01297253-CU-PO-NJC
Marshall Senk et al., v. City of Newport Beach
Orange County Superior Court Case No. 30-2023-01321223-CU-PO-NJC
IV. CLOSED SESSION REPORT
V. ADJOURNMENT
Testimony given before the City Council is recorded.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE