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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
APRIL 12, 2022
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 TELECONFERENCE LOCATION PURSUANT TO GC§54953(B):
100 ARROYO ROBLE ROAD, SEDONA, AZ 86336
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(c-)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
APRIL 12, 2022
TELECONFERENCE LOCATION PURSUANT TO GC§54953(6):
100 ARROYO ROBLE ROAD, SEDONA, AZ 86336
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.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. DMV/Donate Life California Month Proclamation
SS3. Celebration of Heroes — Honoring the Heroes of the Pandemic SS4. Review of Tustin Avenue Trial Closure
City staff will present a summary of traffic count data collected before and after Tustin Avenue was closed at Cliff Drive. Staff will outline conclusions and observations of traffic redistribution and circulation in the area based on the street closure.
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), Newport Beach Fire Management Association (NBFMA), 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: Leilani I. Brown, City Clerk.
City Council Meeting
April 12, 2022
V. RECESS
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Reverend Monsignor Douglas Cook, Our Lady of Mt. Carmel Catholic 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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA
• Consideration of directing staff to monitor cities with fractional ownerships and report back to the City Council in six months [Dixon]
• Consideration of a resolution requesting that State legislature suspend the gas tax to provide immediate relief to Californians who are paying historically high gas prices [Muldoon]
• Consideration of sending formal opposition to Senate Bill 1464, which would in essence mandate law enforcement agencies to enforce health department orders (without discretion) or face financial penalties by the State [O'Neill] XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 — 9). 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.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the March 22, 2022 City Council Meeting
Waive reading of subject minutes, approve as written, and order filed.
City Council Meeting
April 12, 2022
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. 2022-22: Accept State of California, Department of Parks and Recreation, Division of Boating and Waterways 2022 Grant for the Marina Park Boating Program a) Find this action is not subject to 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2022-22, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Grant Agreement C8966332 between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beach for Reimbursement of the Cost for Refurbishment and Replacement Items for the Marina Park Boating Program;
c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the reimbursement of the cost for refurbishment and replacement items for the Marina Park Boating Program; and d) Approve Budget Amendment No. 22-048 to record and appropriate $40,000 in grant revenue from the State of California Division of Boating and Waterways to Marina Park — Marina Park Community Center account 0107023-561086 and $40,000 in expenditure appropriations to Marina Park Community Center — Equipment NOC account 0107023-911024.
CONTRACTS AND AGREEMENTS
4. Slurry Seal Program (Project No. 22R04) —Award of Contract No. 8710-1 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. 8710-1 to American Asphalt South, Inc. for the total bid price of $977,352.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $100,000.00 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 22-049 appropriating $128,050.00 in increased expenditures in Account No. 01201927-980000-22R04 from the Capital Improvement Program unappropriated fund balance.
5. Approval of Janitorial Services Agreement with Omni Enterprises 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 Janitorial Services Agreement with a five-year term and two one-year renewal terms with Omni Enterprise Inc. for Janitorial Services at City Facilities, Parks, and Beaches, and including Restroom Paper Goods and Soap Supply Services, at a total not -to -exceed (NTE) price of $14,055,600.00, and authorize the Mayor and City Clerk to execute the Agreement.
City Council Meeting
April 12, 2022
6. Approval of On -Call Professional Services Agreements for Marine Engineering and Harbor -Related Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve On -Call Professional Services Agreements with Anchor QEA, LLC, Moffatt & Nichol, and Noble Consultants, Inc., with each agreement being 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 agreements.
7. Award of On -Call Harbor Maintenance/Repair Service Agreement with American Marine Corporation for On -Call Harbor Maintenance and Repair
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 Service Agreement with American Marine Corporation for harbor maintenance and repair at a not -to -exceed amount of $155,000, and authorize the Mayor and City Clerk to execute the agreement.
MISCELLANEOUS
8. Cultural Arts Grants Fiscal Year 2021-2022
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) Approve recommended recipients for Fiscal Year 2021-2022 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy 1-10 — Financial Support for Culture and the Arts.
9. Confirmation of Appointments to the General Plan Update Steering 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 Mayor Kevin Muldoon's appointments of Phillip Brown, Kimberly Carter, and Nancy Gardner to fill the seats on the General Plan Update Steering Committee.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVII. 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.
City Council Meeting
April 12, 2022
XVIII. PUBLIC HEARING
10. Ordinance No. 2022-10 and Resolution No. 2022-23: Approval of the Fiscal Year 2021-22 Fee Study Update
a) Conduct a public hearing;
b) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; c) Adopt Resolution No. 2022-23, A Resolution of the City Council of the City of Newport Beach, California, Adopting and Revising Certain Fees Within the Schedule of Rents, Fines, and Fees; and
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022- 10, An Ordinance of the City Council of the City of Newport Beach, California, Amending Subsection 3.36. 010 of the NBMC (Findings) to Clarify the Finding Related to User Services, Subsection 3.36.020 of the NBMC (Definitions) to Update the Definition of User Services, Amending Exhibit A of Section 3.36.030 of the NBMC (Cost Recovery Percentages) to Update the Modification Percentage for User Services, and Amending Subsection
3.36.030(E) of the NBMC to Update Waiver of Fees for Service, and pass to second reading on April 26, 2022.
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11. Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to Raft -Ups, Live-Aboards, On -Shore Moorings, and Other Miscellaneous Provisions (continued from the March 22, 2022 City Council meeting) 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- 9, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 1.05.020, 1.12.020, 17.01.030, 17.10.060, 17.25.010, 17.25.020, 17.40.030,
17.45.020, 17.60.040, 17.65.010 and 17.70.050 of the Newport Beach Municipal Code Pertaining to Raft -Ups, Live-Aboards, On -Shore Moorings, and Miscellaneous Provisions, and pass to second reading on April 26, 2022.
12. Fernleaf Avenue Trial One -Way Street Designation
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) Direct staff to install traffic signs and markings to implement a trial one-way designation of Fernleaf Avenue between Seaview Avenue and Ocean Boulevard for a six-month trial observation period, and report back to City Council on findings and recommended next steps.
XXI. 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.
XXII. ADJOURNMENT — In memory of Ken Stuart
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
On (� ate, 2022, at a.m./p.m., under penalty of
perjury, I posted the agenda for the April 12, 2022 City Council Meeting pursuant to the Brown Act, on the door of the teleconferencing site at:
100 ARROYO ROBLE ROAD, SEDONA, AZ 86336
Posted by:
Joy Brenner
Council Member
City of Newport Beach