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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
FEBRUARY 22, 2022
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 TELECONFERENCE LOCATION PURSUANT TO GC§54953(B):
4346 SUNRISE DRIVE, EDEN, UT 84310
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 5:30 P.M.
KEVIN MULDOON, Mayor
NOAH BLOM, Mayor Pro Tem
BRAD AVERY, Council Member
JOY BRENNER, Council Member
DIANE B. DIXON, Council Member
DUFFY DUFFIELD, Council Member
WILL O'NEILL, Council Member
GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI I. BROWN, City Clerk
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting.
PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given.
This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas.
The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
FEBRUARY 22, 2022
TELECONFERENCE LOCATION PURSUANT TO GC§54953(6):
4346 SUNRISE DRIVE, EDEN, UT 84310
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 5:30 P.M.
ROLL CALL — 4:00 p.m.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Orange County Housing Finance Trust Update
The Orange County Housing Finance Trust will provide an update on its activities over the past year as they work to help solve homelessness and the housing crisis in Orange County.
The City of Newport Beach is a Trust member city.
SS3. Update on City Crime Statistics
City staff will review the 2021 Citywide Part 1 Crimes and Arrest data.
III. PUBLIC COMMENTS
The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non -agenda items. Speakers must limit comments to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items.
IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human Resources Director, and Charles Sakai, Esq., Negotiators.
Employee Organizations: Newport Beach Police Management Association (NBPMA) and Association of Newport Beach Ocean Lifeguards (ANBOL).
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Kevin Muldoon, Mayor, and Noah Blom, Mayor Pro Tem.
Unrepresented Employee: Aaron C. Harp, City Attorney.
V. RECESS
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
City Council Meeting
February 22, 2022
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Reverend Sadie Cullumber, Harbor Christian Church X. PLEDGE OF ALLEGIANCE
XI. NOTICE TO THE PUBLIC
The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items.
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 10). 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.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
Minutes for the January 29, 2022 Planning Session and February 8, 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.
RESOLUTION FOR ADOPTION
3. Resolution No. 2022-16: Notice of Intent to Comply with SB 1383 Pursuant to SB 619 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. 2022-16, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal to CalRecycle of a Notification of Intent to Comply, Seeking Administrative Penalty Relief Related to State Mandated Multi -Family Residential Organic Waste Diversion Requirements.
City Council Meeting
February 22, 2022
CONTRACTS AND AGREEMENTS
4. Approval of Maintenance and Repair Services Agreement for Graffiti Abatement Services with Superior Property Services, 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 the Maintenance and Repairs Services Agreement with Superior Property Services, Inc., for graffiti abatement services, with a total contract compensation amount of $860,000 over a five-year contract term, and authorize the Mayor and City Clerk to execute the Agreement.
5. Approval of Agreement for On -Call Building Maintenance and Repair Services with Carmody Construction Services, Inc. and Ramco Construction Services, 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 Building Maintenance and Repair Service Agreements with Carmody Construction Services, Inc. and Ramco Construction Services, Inc. for three-year terms and a total not -to -exceed amount of $150,000 per agreement, and authorize the Mayor and City Clerk to execute the agreements.
6. Uniform Services — Approval of Uniform and Floor Mat Service Agreement with Mission Linen Supply
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 five-year agreement with Mission Linen Supply for uniform services, for a total not -to -exceed amount of $250,000.00, and authorize the Mayor and City Clerk to execute the agreement.
7. Professional Services Agreement for Citation Processing, Parking Permit Processing, Parking Adjudication Support Services, Parking Citation Issuance Hardware, and Citation Collections Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve and authorize the Mayor and City Clerk to execute the Professional Services Agreement with Turbo Data Systems, Inc. for a not -to -exceed amount of $1,403,221 over a five-year contract term.
8. Tentative Agreement with the Part Time Employees Association of Newport Beach (PTEANB)
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 consider the Tentative Agreement between the City and the Part Time Employees Association of Newport Beach.
MISCELLANEOUS
9. Planning Commission Agenda for the February 17, 2022 Meeting Receive and file.
City Council Meeting
February 22, 2022
10. Fiscal Year 2021-22 Second 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. 22-040, transferring $31,764 from the General Fund to the Information Technology Internal Service Fund; and
c) Receive and file the report of budget amendments for the second quarter.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVI. 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.
XVII. PUBLIC HEARING
11. Ordinance Nos. 2022-5 and 2022-6: Amending Title 20 and Title 21 of the Newport Beach Municipal Code Related to Accessory Dwelling Units (PA2019-248) a) Conduct a public hearing;
b) 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;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022- 5, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Revisions to Zoning Code Amendment No. CA2019-009 Amending Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Accessory Dwelling Units and Junior Accessory Dwelling Units for Consistency with the California Coastal Commission's Modifications and State Law (PA2019-248), and pass to second reading on March 8, 2022; and
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022- 6, An Ordinance of the City Council of the City of Newport Beach, California, Accepting the California Coastal Commission's Suggested Modifications and Adopting Local Coastal Program Amendment No. LC2019-008 to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Accessory Dwelling Units (PA2019-248), and pass to second reading on March 8, 2022.
XVIII. 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.
XIX. ADJOURNMENT
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
DECLARATION OF POSTING
On2022, at a b a. p.m., under penalty of
perjury, I posted the agenda for the February 22, 2022 City Council Meeting pursuant to the Brown Act, on the door of the teleconferencing site at:
4346 SUNRISE DRIVE
EDEN, UT 84310
Posted by:
Duffy DuffielV
Council Member
City of Newport Beach