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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
J U LY 12, 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 — 5:30 P.M.
KEVIN MULDOON, Mayor
NOAH BLOM, Mayor Pro Tern
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
J U LY 12, 2022
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. Proclamation to Representative Michelle Steel for Her Efforts in Getting Sand for the Beach Cities
SS3. Certificates of Appreciation to Outgoing Board Members and Commissioners SS4. Film Permit Regulations and Management
Staff will provide an overview of the City's current film permit regulations and processes, as well as comparative data regarding the regulations in other Southern California cities.
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 REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: The American Legion Newport Harbor Post No. 291, located at 215 15t" Street, Newport Beach California, 92663.
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding Whitlinger, Real Property Administrator.
Negotiating Parties: Evin D. Planto.
Under Negotiation: Instruction to City Negotiators regarding the lease with the American Legion and price/terms.
B. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
City of Long Beach, et al. v. Monsanto Company, et al.
United States District Court, Central District, Case No. CV 16-3493 FMO (ASx) V. RECESS
City Council Meeting
July 12, 2022
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
IX. INVOCATION — Sayed Moustafa al-Qazwini, Ph.D., Islamic Education Center of Orange County, 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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
To ensure diversity of opinions and to avoid the appearance of a conflict, consider adopting a resolution amending City Council Policy A-2, Boards, Commissions, & Committees, to discourage the appointment of a person to a Permanent Board or Commission where: (1) the person supervises or is supervised by another member of the Permanent Board or Commission; or (2) the person is a member of the same household as another member of the Permanent Board or Commission [Dixon] 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— 11). 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 June 28, 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.
City Council Meeting
July 12, 2022
ORDINANCE FOR ADOPTION
3. Ordinance No. 2022-16: Amendment to The Tennis Club at Newport Beach Development Agreement No. DA2022-001 (PA2022-038)
a) Find all significant environmental concerns for the Approved Project have been addressed in a previously approved Mitigated Negative Declaration No. ND2010-008 (SCH 2010091052) and an Errata to Mitigated Negative Declaration No. ND2010-008 (together referred to as "MND"), and that the City of Newport Beach intends to use said document for the proposed First Amendment to Agreement, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with the First Amendment to Agreement; and
b) Conduct second reading and adopt Ordinance No. 2022-16, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Development Agreement Between the City of Newport Beach and Golf Realty Fund (PA2022-038).
RESOLUTION FOR ADOPTION
4. Resolution No. 2022-47: Certification of Results of Special Municipal Election of June 7, 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. 2022-47, A Resolution of the City Council of the City of Newport Beach, California, Reciting the Facts of the Special Municipal Election Held on Tuesday, June 7, 2022, and Declaring the Result and Such Other Matters as Provided by Law.
CONTRACTS AND AGREEMENTS
5. City Bridge Maintenance Project (Project No. 21 R13) — Notice of Completion for Contract No. 7679-1
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.
6. 2021-2022 Playground Refurbishment Program —Award of Contract No. 8716-1 (22P01) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301_Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project results in no expansion of an existing use;
b) Approve the project plans and specifications;
c) Award Contract No. 8716-1 to R.E. Schultz for the base bid price of $326,790, and Additive Bid Item No. 1 for $4,000 for a total bid price of $330,790, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $33,079 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract.
7. 2021-2022 Tidegate Improvement Project — Award of Contract No. 7999-1 (19D03) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 (c) _Class 2 (Replacement or Reconstruction) of the CEQA Guidelines, because this project results in negligible or no expansion of existing capacity;
City Council Meeting
July 12, 2022
b) Approve the project plans and specifications;
c) Award Contract No. 7999-1 to Tharsos, Inc. for the total base bid price of $442,595.00, and authorize the Mayor and City Clerk to execute the associated construction contract; d) Establish and encumber a contingency of $66,400.00 (approximately 15 percent of the total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 23-006 appropriating $46,801.00 in increased expenditures in Account No. 10101-980000-19D03 from the Tidelands Capital Fund unappropriated fund balance.
8. Approval of Professional Services Agreement with Marine Taxonomic Services, LTD for Newport Harbor Shallow and Deep Water Eelgrass Surveys
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 Professional Services Agreement with Marine Taxonomic Services, LTD for Newport Harbor Shallow Water and Deep Water Eelgrass Surveys for a total not -to -exceed amount of $153,093.20, and authorize the Mayor and City Clerk to execute the agreement.
9. Award of On -Call Maintenance/Repair Services Agreement with Duke's Root Control, Inc., for Sewer Root Control 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 Budget Amendment No. 23-004 appropriating $35,000 from the Wastewater Fund 711 unappropriated Fund Balance to Account No. 7119061-851054 (Tree Root Foaming Services.); and
c) Approve the Maintenance/Repair Services Agreement with Duke's Root Control, Inc., for sewer root control services, for a three-year term with a total contract compensation amount of $350,000, and authorize the Mayor and City Council to execute the Agreement.
10. Newport Beach Junior Lifeguard Building Project — Reject all Bids for Contract No. 7524- 2 (19F13)
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. 8020-6 and direct staff to return all bidders bonds; and
c) Direct staff to review and value engineer the design plans, and re -advertise the Newport Beach Junior Lifeguard Building Project for construction.
MISCELLANEOUS
11. Planning Commission Agenda for the July 7, 2022 Meeting Receive and file.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
July 12, 2022
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.
XVIII. PUBLIC HEARING
12. Ordinance No. 2022-17: Code Amendment Related Implementation of Senate Bill 9 (PA2021-277)
a) Conduct a public hearing;
b) Determine this amendment is statutorily exempt from environmental review and not considered a project under the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.210) and 66411.7(n) and further find that this amendment is categorically exempt from CEQA under Section 15303 and 15315 as set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations which categorically exempts the construction of a second dwelling unit in a residential zone and the division of property in urbanized areas zoned for residential use into four or fewer parcels; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022- 17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 19 (Subdivisions) and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to Senate Bill 9 Housing Developments and Urban Lot Splits (PA2021-277), and pass to second reading on July 26, 2022.
XIX. 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.
XX. ADJOURNMENT — In memory of Elaine Linhoff
Testimony given before the City Council is recorded.
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