City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA MAY 24, 2022 COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION - 4:30 P.M. (PUBLIC WELCOME) REGULAR MEETING - 6:00 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@newportbeachca.gov).  NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 MAY 24, 2022 STUDY SESSION - 4:30 P.M. (PUBLIC WELCOME) REGULAR MEETING - 6:00 P.M. * * * * * * * * * * * * * NOTE: A Special Joint Meeting of the Newport Beach City Council and the Finance Committee will be held at 4:00 p.m. in the same location (City Council Chambers). Please see the separate agenda for this meeting. The public is welcome to participate in the Special Joint Meeting, as well as the City Council Meeting. * * * * * * * * * * * * * I. ROLL CALL - 4:30 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Review of the Proposed Fiscal Year 2022-23 Capital Improvement Program Budget Public Works staff will be presenting the proposed Fiscal Year 2022-23 through 2023-28 Capital Improvement Program. The Capital Improvement Program (CIP) serves as a plan for the provision of public improvements, special projects, on -going maintenance programs, and the implementation of the City’s master plans. Projects in the CIP include improvements and major maintenance on arterial highways, local streets, and alleys; storm drain and water quality improvements; harbor, pier, and beach improvements; park and facility improvements; water and wastewater system improvements; transportation safety, reliability, and traffic signal improvements; and planning programs and studies. The presentation will review the proposed CIP budget of $102,933,613 for capital improvement projects and programs in FY 2022-23. On the Agenda III. PUBLIC COMMENTS The City provides a yellow sign-in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign-in card has been completed, it should be placed in the box provided at the podium. The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on agenda and non-agenda items, are generally limited to three (3) minutes. The City Council has the discretion to extend or shorten the time limit on agenda or non-agenda items.  City Council Meeting May 24, 2022 Page 2 IV. RECESS V. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. INVOCATION VIII. PLEDGE OF ALLEGIANCE IX. NOTICE TO THE PUBLIC The City provides a yellow sign-in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign-in card has been completed, it should be placed in the box provided at the podium. 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. As a courtesy, please turn cell phones off or set them in the silent mode. X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XI. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON-DISCUSSION ITEM) • Consider the adoption of a resolution supporting Senate Bill No. 904, which will amend California law to clarify current statutes and ensure the criminal justice system is helping educate and treat those offenders who are suffering from addiction to controlled substances [O’Neill]  City Council Meeting May 24, 2022 Page 3 XII. 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. XIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the May 10, 2022 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. Minutes Written Comments 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. CONTRACTS AND AGREEMENTS 3. Cliff Drive Clubhouse Rehabilitation - Notice of Completion for Contract No. 8695-1 (20F13) 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 Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. Staff Report Attachment A - Location Map  City Council Meeting May 24, 2022 Page 4 4. American Legion Bulkhead Wall Repair (Project No. 16H11) - Award of Contract No. 7659-1 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Existing Facilities - maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because it has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 7659-1 to Applied Restoration, Inc. for the total bid price of $991,600, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $99,200 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract. Staff Report Attachment A - Location Map Written Comments 5. Amendment No. Two to Temporary Employment Agreement with Rosalinh Ung 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) Authorize the Mayor and Community Development Director to execute an amendment, to the Post Retirement Temporary Employment Agreement, with retired employee Rosalinh Ung. Staff Report Attachment A - Amendment No. 2 Attachment B - Amendment No. 1 Attachment C - Original Temporary Employment Agreement Written Comments  City Council Meeting May 24, 2022 Page 5 6. Lease Agreement with Newport Ridge Community Association to Develop, Operate and Maintain Pickleball Courts at Newport Ridge Park a) Determine this project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 and 15303 under Class 1 (Existing Facilitates) and Class 3 (New Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions to the Class 3 categorical exemption under Section 15300.2 are not applicable; b) Authorize the City Manager and City Clerk to execute a 30-year Lease Agreement by and between the Newport Ridge Community Association and the City of Newport Beach for the Development, Operation, and Maintenance of Pickleball Courts Complex at Newport Ridge Park (Lease), in a form substantially similar to the agreement prepared by the City Attorney; and c) Review and approve the Conceptual Design and direct staff to proceed with final construction documents. Staff Report Attachment A - Lease Agreement Attachment B - Conceptual Design Attachment C - NRCA Community Letter Attachment D - Resolution No. 2021-108 Attachment E - CDD Action Letter On the Agenda Written Comments 7. Tentative Agreement with Newport Beach Fire Management Association (NBFMA) 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 Fire Management Association. Staff Report Attachment A - Tentative Agreement and Proposed MOU (redline) Attachment B - Estimated Cost  City Council Meeting May 24, 2022 Page 6 MISCELLANEOUS 8. Planning Commission Action Report for the May 12, 2022 Meeting Receive and file. Planning Commission Action Report 9. Set Public Hearing Date to Adopt Fiscal Year 2022-2023 Budget 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) Schedule a public hearing of the City’s Proposed Budget for Fiscal Year 2022- 2023 for June 14, 2022, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. Staff Report ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. 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. XVI. PUBLIC HEARING 10. Ordinance No. 2022-13: Amendment to Municipal Code Chapter 14.16, Water Conservation and Water Supply Shortage Program 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; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No 2022-13, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 14.16 of the Newport Beach Municipal Code Pertaining to Water Conservation and Supply Level Regulations, and pass to second reading on June 14, 2022 . Staff Report Attachment A - Ordinance No. 2022-13 Attachment B - NBMC Chapter 14.16 (redline) Attachment C - Public Hearing Notice On the Agenda Written Comments  City Council Meeting May 24, 2022 Page 7 XVII. CURRENT BUSINESS 11. Resolution No. 2022-33: Seventh Amended and Restated Employment Agreement for City Clerk 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 to execute a Seventh Amended and Restated Employment Agreement between the City of Newport Beach and City Clerk Leilani I . Brown, subject to the terms and conditions approved by the City Council; c) Adopt Resolution No. 2022-33, A Resolution of the City Council of the City of Newport Beach, California, Modifying the Salary Range for the City Clerk; and d) Approve Budget Amendment No. 22-055 appropriating $1,776 from unappropriated General Fund balance to various salary and benefit accounts to implement the terms of the Agreement for the remainder of FY 2021-22. Staff Report Attachment A - Employment Agreement Attachment B - Budget Amendment Attachment C - Estimate of Costs Attachment D - Resolution No. 2022-33 Written Comments 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.