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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
APRIL 26, 2022
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 6:30 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
APRIL 26, 2022
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 6:30 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation Honoring the Sage Hill High School Girls Basketball State Champions SS3. Residential Refuse Program Roll -Out Update
Staff will provide an update on the new Residential Refuse Contract Modifications and Organic Collection Program Rollout.
SS4. Housing Element Update
The State Department of Housing and Community Development (HCD) has provided comments on the City's adopted Housing Element. Staff will provide a summary of the comments, the efforts to revise the document consistent with HCD's comments, as well as the schedule going forward.
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 REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 1201 Dove Street, Newport Beach, California 92660 (APN 427-221-06).
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding Whitlinger, Real Property Administrator.
Negotiating Parties: Parke Miller.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
City Council Meeting
April 26, 2022
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9 (d)(2), (e)(1)): 1 matter
D. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9 (d)(4)): 1 matter
E. 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.
V. RECESS
VI. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING
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VIII. CLOSED SESSION REPORT
IX. INVOCATION — Pastor Drew Ross, Christ Lutheran Church, Costa Mesa 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— 14). 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.
City Council Meeting
April 26, 2022
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 12, 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.
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3. Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to Live-Aboards, On -Shore Moorings, and Other Miscellaneous Provisions 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 1.12.020, 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 Live-Aboards, On -Shore Moorings, and Miscellaneous Provisions, and pass to second reading on May 10, 2022.
4. Ordinance No. 2022-11: LCP Amendment Related to Setback Map Corrections (PA2020- 006)
a) Find this amendment exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has no potential to have a significant effect on the environment and local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022- 11, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code and Adopting Local Coastal Program Amendment No. LC2020-001 Correcting Setback Map Errors (PA2020-006), and pass to second reading on May 10, 2022.
5. Ordinance No. 2022-12: LCP Amendment Related to Tattoo Establishments (PA2020-030) a) Find this amendment exempt pursuant to California Environmental Quality Act ("CEQA") Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has no potential to have a significant effect on the environment and local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022- 12, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code and Adopting Local Coastal Program Amendment No. LC2020-002 Related to Tattoo Establishment Development Standards (PA2020-030), and pass to second reading on May 10, 2022.
City Council Meeting
April 26, 2022
ORDINANCE FOR ADOPTION
6. Ordinance No. 2022-10: Amending Newport Beach Municipal Code Sections 3.36.010,
3.36.020, and 3.36.030 Related to Cost Recovery
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. 2022-10, 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.
RESOLUTIONS FOR ADOPTION
7. Resolution No. 2022-24: Supporting the Suspension of the State's Gasoline Tax 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. 2022-24, A Resolution of the City Council of the City of Newport Beach, California, Supporting the Suspension of the State of California's Gasoline Tax for One Year or Longer.
8. Resolution No. 2022-25: Opposing Senate Bill No. 1464 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. 2022-25, A Resolution of the City Council of the City of Newport Beach, California, Opposing Senate Bill No. 1464, which Compels Law Enforcement to Enforce Health Orders that may be Unconstitutional.
CONTRACTS AND AGREEMENTS
9. Newport Beach Police Station Upstairs Restroom Remodel (Project No. 22F02) — Award of Contract No. 7900-2
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) (interior and exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances) 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. 7900-2 to Urban Professional Builders, Inc. for the total bid price of $209,000, and authorize the Mayor and City Clerk to execute the contract; and d) Establish and encumber a contingency of $31,350 (15 percent of the total bid) to cover the cost of unforeseen work not included in the original contract.
City Council Meeting
April 26, 2022
10. Amendment No. One to Agreement for On -Call Streetlight Electrical Repair Services with Yunex, LLC (formerly Siemens Mobility, 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 Amendment No. One with Yunex LLC, for on-call streetlight electrical repair services to extend the contract term for an additional three years to July 31, 2025, and authorize the Mayor and City Clerk to execute the Amended Agreement.
11. Approval of Amendment No. Two to Service Agreement with Alexander's Contract Services for Water Meter Reading 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 Amendment No. Two to the Service Agreement with Alexander's Contract Services for Water Meter Reading Services, with an additional $75,000 in contract compensation, a one-year contract extension, and authorize the Mayor and City Clerk to execute the agreement.
12. Tentative Agreement with Newport Beach Lifeguard Management Association (NBLMA) 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 of Newport Beach and the Newport Beach Lifeguard Management Association.
MISCELLANEOUS
13. Planning Commission Agenda for the April 21, 2022 Meeting Receive and file.
14. Grants and Donations Report for the Quarter Ending March 31, 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) Receive and file.
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.
City Council Meeting
April 26, 2022
XVII. PUBLIC HEARING
15. Resolution No. 2022-26: Community Development Block Grant — 2022-2023 Annual Action Plan
a) Conduct a public hearing to receive comments on the Annual Action Plan; b) Find the approval of the 2022-2023 Annual Action Plan exempt from the National Environmental Policy Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34; c) Find the approval of the 2022-2023 Annual Action Plan exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; d) Adopt Resolution No. 2022-26, A Resolution of the City Council of the City of Newport Beach, California, Approving the 2022-2023 Annual Action Plan for Allocation of the Federal Community Development Block Grant Program Funds for Fiscal Year 2022-2023; and e) Authorize the City Manager to:
i. Proportionally adjust appropriations to specific programs and projects as necessary to conform with the final 2022-2023 formula grant allocation of CDBG funds from HUD if the appropriation is more or less than $391,662;
ii. Submit the 2022-2023 Annual Action Plan to HUD;
iii. Execute the 2022-2023 CDBG Program Grant Agreement and all related documents on behalf of the City of Newport Beach;
iv. Execute all sub -recipient agreements with the non-profit organizations receiving allocations of CDBG funds in the 2022-2023 Action Plan; and v. Authorize the Community Development Director, or his designee, to be the official representative of the City of Newport Beach, administer the 2022-2023 Annual Action Plan and submit required environmental documentation to HUD for CDBG projects.
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 — In memory of Mervin Greiwe
Testimony given before the City Council is recorded.
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