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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA FEBRUARY 23, 2021 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. BRAD AVERY, Mayor KEVIN MULDOON, Mayor Pro Tem NOAH BLOM, 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 CAROL JACOBS, Assistant City Manager SPECIAL NOTICE REGARDING COVID-19 On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 12, 2020, Governor Newsom issued Executive Order N-25-20, which allows Council Members to attend City Council meetings telephonically. Please be advised that to minimize the spread of COIVD-19, some, or all, of the Newport Beach City Council Members may attend this meeting telephonically. Also, please be advised that on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allows for the public to participate in any meeting of the City Council telephonically or by other electronic means. Given the health risks associated with COVID-19, the City of Newport Beach has decided to not have City Council Chambers open to the public for this meeting. As a member of the public, if you would like to participate in this meeting, you can participate via the following options: 1. You can submit your questions and comments in writing for City Council consideration by sending them to the City Clerk at cityclerk(cDnewportbeachca.goy. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, February 22, 2021, at 5:00 p.m. 2. In addition, members of the public can participate in this meeting telephonically. Specifically, the meeting will be viewable on NBTV and live streamed on the City's website. If you are watching the meeting on NBTV or via the live stream, during the meeting, phone numbers for the public to call and to comment on specific agenda items will be posted on the screen. When you call, you will be placed on hold until it is your turn to speak. Please note that only twenty (20) people can remain on hold at a time. If you call in to speak on an item and the line is busy, please call back after a few moments. The City will ensure that it allows enough time per item for everyone to call in to comment. Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the process set forth above, please contact the City Clerk at (949-644-3005 or cityclerk(c�newportbeachca.goy) and she will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City's website. The City of Newport Beach thanks you in advance for continuing to take precautions to prevent the spread of the COVID-19 virus. 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 23, 2021 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. Presentation Regarding the Orange Coast River Park SS3. Update on Homeless Strategies [949-270-8165] The City continues to work with all individuals who are experiencing homelessness in the community. The City has developed a number of strategies to provide resources to individuals with the ultimate goal of permanent housing. Staff will provide a presentation on the current status of homelessness in Newport Beach. III. PUBLIC COMMENTS [949-270-8165] 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: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and 944 Via Lido Nord (423-281-10) (approximately 845 square feet). City Negotiators: Seimone Jurjis, Community Development Director and Lauren Whitlinger, Real Property Administrator. Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the 944 Via Lido Nord Trust. Under Negotiation: Instruction to City Negotiator regarding price and terms of payment. V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT City Council Meeting February 23, 2021 Page 2 IX. INVOCATION 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 a resolution modifying Council Policy A-1 to allow for discussion of items appearing on the City Council Agenda under the category "Matters Which Council Members Have Asked to be Placed on a Future Agenda" [Brenner] XIV. PUBLIC COMMENTS ON CONSENT CALENDAR [949-270-8165] This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 15). 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 Minutes for the January 30, 2021 City Council Planning Session and February 9, 2021 Regular 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. ORDINANCE FOR ADOPTION 3. Ordinance No. 2021-4: Amending the Local Coastal Program Implementation Plan to Include Balboa Village Parking Management Overlay District and Plan (PA2017-046) a) Find the action statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program; and City Council Meeting February 23, 2021 Page 3 c) Conduct second reading and adopt Ordinance No. 2021-4, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2017-001 as Modified by the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to the Parking Management Overlay District and Plan (PA2017-046). 4. Resolution No. 2021-10: Eliminating the Inter City Liaison Committee and Repealing City Council Resolution No. 89-132 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. 2021-10, A Resolution of the City Council of the City of Newport Beach, California, Eliminating the Inter City Liaison Committee and Repealing City Council Resolution No. 89-132. 5. Resolution No. 2021-11: Waiving the Term Limits Established by Resolution No. 2012-115, Amending the Water Quality/Coastal Tidelands Committee Membership to Stagger the Terms, and Confirming Appointments 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) Adopt Resolution No. 2021-11, A Resolution of the City Council of the City of Newport Beach, California, Waiving the Term Limits and Amending the Water Quality/Coastal Tidelands Committee Membership to Stagger the Terms; and c) Appoint Louis Denger, Tom Houston and George Robertson to serve on the Water Quality/Coastal Tidelands Committee for two-year terms, and Peter Belden, Curtis Black, Charles Francher and Richard McNeil to serve on the Water Quality/Coastal Tidelands Committee for four-year terms. 6. Resolution No. 2021-12: Request for Petition Certification and Funding for Proposed Underground Assessment District No. 124 (Central Balboa Island) and Approval of Professional Services Agreement for Assessment Engineering a) Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(d) (conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding); b) Adopt Resolution No. 2021-12, A Resolution of the City Council of the City of Newport Beach, California, Accepting Petition of Assessment District No. 124; c) Approve Budget Amendment No. 21-031 to advance and appropriate $135,000 from General Fund and increase expenditures in Account No. 67502-941006 (AD Assessment Engineering); and d) Approve Professional Services Agreement with NV5, Inc. of Irvine, CA for a not -to -exceed fee of $135,000.00 for Assessment Engineering Services. 7. Resolution Nos. 2021-13 and 2021-14: Proposed Assessment District No. 120 —Area Along Santa Ana Avenue Between Old Newport Boulevard and Cliff Drive a) The City Council deemed this project exempt from the California Environmental Quality Act (CEQA) on November 24, 2020 pursuant to Section 15302(d) (conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding); City Council Meeting February 23, 2021 Page 4 b) Adopt Resolution No. 2021-13, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to take Proceedings Pursuant to the Municipal Improvement Act of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of 1915, and Make Certain Findings and Determinations in Connection therewith, all relating to the Formation of Assessment District No. 120; and c) Adopt Resolution No. 2021-14, A Resolution of the City Council of the City of Newport Beach, California, Preliminarily Approving the Assessment Engineer's Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 120. 8. Resolution No. 2021-15: Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control as Related to Local Zoning and Housing Issues 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. 2021-15, A Resolution of the City Council of the City of Newport Beach, California, Expressing Support forActions to Further Strengthen Local Democracy, Authority, and Control as Related to Local Zoning and Housing Issues. CONTRACTS AND AGREEMENTS 9. Cameo Highlands Street Reconstruction — Notice of Completion for Contract No. 7067-2 (20R21) 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. 10. Approve Amendment No. 1 to On -Call Professional Services Agreement with Caroline Jack for Emergency Medical Services Nurse Educator 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. 1 to the On -Call Professional Services Agreement with Caroline Jack for Emergency Medical Services Nurse Educator Services for a not -to -exceed amount of $240,000 and extending the term limit to December 31, 2022. 11. Approval of a Purchase Agreement with South Coast Fire Equipment, Inc., for Pierce Manufacturing Fire Apparatus — Ladder Truck 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) Waive bidding requirements as described in City Council Policy F-14 for this type of purchase; and c) Approve a single source Purchase Agreement with South Coast Fire Equipment, Inc., for a not -to -exceed amount of $1,454,537.78 for the purchase of a Pierce Manufacturing (Pierce) 107' Tractor -Drawn Aerial Fire Apparatus. 12. 2020 Orange County Operational Area Agreement of the County of Orange and Political Subdivisions 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 the 2020 Orange County Operational Area Agreement of the County of Orange and Political Subdivisions; and c) Authorize the Mayor to execute the 2020 Orange County Operational Area Agreement of the County of Orange and Political Subdivisions. City Council Meeting February 23, 2021 Page 5 13. Professional Services Agreement with BellPort Group, Inc. for Balboa Yacht Basin Management 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 a 3 -year Professional Services Agreement with BellPort Group, Inc. to manage the Balboa Yacht Basin, with the option for two, one-year renewals at a not -to -exceed cost of $866,000.00, and authorize the Mayor and City Clerk to execute the agreement. MISCELLANEOUS 14. Planning Commission Agenda for the February 18, 2021 Meeting Receive and file. 15. Fiscal Year 2020-21 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; and b) Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165] XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS [949-270-8165] 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 HEARINGS 16. Ordinance No. 2021-5: Elimination of the Amortization Period for Nonconforming Signs (PA2019-184) [949-270-8165] a) Conduct a public hearing; b) Find this project categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment and pursuant to Section 15265(a)(1), which exempts local governments from the requirements of CEQA in connection with the adoption of a Local Coastal Program; c) Adopt Resolution No. 2021-16, A Resolution of the City Council of the City of Newport Beach, California, Approving General Plan Amendment No. GP2020-005 to Amend Policy NR. 21.2 (Illegal Signs and Legal Nonconforming Signs) of the Natural Resources Element to Remove the Amortization Nonconforming Signs (PA2019-0184); d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021- 5, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 20.42.140 (Non -Conforming Signs) to Remove the Amortization of Nonconforming Signs (PA2019-184), and pass to second reading on March 9, 2021; and e) Adopt Resolution No. 2021-17, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2019-005 to the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code and the Coastal Land Use Plan to Remove Amortization of Nonconforming Signs (PA2019-184). City Council Meeting February 23, 2021 Page 6 17. Ordinance No. 2021-6: Zoning Code Amendment to Allow the Operation of Wine Tasting Rooms within the Industrial Zoning (IG) District (PA2020-042) [949-270-8165] a) Conduct a public hearing; b) Find this action proposed herein is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021- 6, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2020-005 to Amend Section 20.24.020 (Industrial Zoning Land Uses and Permit Requirements), 20.40.040 (Off -Street Parking Spaces Required), 20.48.090 (Eating and Drinking Establishments), and 20.70.020 (Definitions of Specialized Terms and Phrases) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to Allow for Wine Tasting Rooms Within the Industrial Zoning District (IG) (PA2020-042), and pass to second reading on March 9, 2021. XIX. CURRENT BUSINESS 18. Oceanfront Boardwalk Update [949-270-8165] 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 staff report, as well as provide any further direction. 19. Coronavirus (COVID-19) Update [949-270-8165] An oral report will be provided. XX. 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. XXI. ADJOURNMENT Testimony given before the City Council is recorded. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.