HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
APRIL 27, 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 — 6:30 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 COVID-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. 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 citvclerk@newportbeachca.gov. To give the City Council adequate time to review your questions and comments, please
submit your written comments by Monday, April 26, 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 citvclerk(cDnewportbeachca.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 newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
APRIL 27, 2021
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. Poppy Month Proclamation
SS3. Initial Draft of the General Plan Housing Element Update (PA2017-141) [949-270-8165]
Provide comments to the initial draft of the Housing Element.
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 LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1))
Richard Vos and Jenelle Bernacchi v. City of Newport Beach, et al.
United States District Court Case No. 8:15-cv-00768 JCG-DFM
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6)
Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant
City Manager, Barbara Salvini, Human Resources Director, and Charles Sakai, Esq.,
Negotiators.
Employee Organization: Newport Beach Police Association (NBPA).
V. RECESS
VI. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION
X. PLEDGE OF ALLEGIANCE
City Council Meeting
April 27, 2021
Page 2
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
• With implementation of the Balboa Village Master Plan now complete, remove the Balboa
Village Area Benefit District from the Area Benefit District Reserve (Section 12.44.029),
rescind Resolution No. 2014-101, which provides that 100% of funds generated within the
Balboa Village Area Benefit District should be placed in the Balboa Village Area Benefit
District Fund, and return all unprogrammed funds back to the General Fund [O'Neill]
Better Beaches: To ensure the City's beaches are safe and enjoyable for residents and
visitors in light of the growing number of beachgoers, we request staff review and
discuss: (1) the current resources allocated to maintain, manage and secure our beaches;
as well as (2) alternatives and cost information associated with providing a higher level
of service at City beaches for trash pickup, boardwalk ambassadors, lifeguard coverage,
and code enforcement; as part of the presentation for the proposed FY 2021-22 Budget
[Brenner, Dixon]
• Request for a resolution supporting AB327: COVID-19 Vaccination Status: Prohibition on
Required Disclosure [Dixon, O'Neill]
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— 10). 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 April 13, 2021 City Council Special Meeting and 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.
City Council Meeting
April 27, 2021
Page 3
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2021-31: Amending City Council Policy A-1 (City Councin
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. 2021-31, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy A-1 (City Council) Adopting a Revised City Council
Policy A-1 "City Council."
4. Resolution No. 2021-32: Repealing Resolution No. 8195 and Designating Portions of
30th Street and 31St Street as Two -Way Streets
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. 2021-32, A Resolution of the City Council of the City of Newport Beach,
California, Repealing City Council Resolution No. 8195 and Designating Portions of
301h Street and 31s' Street in Cannery Village as Two -Way Streets.
5. Resolution No. 2021-33: Requesting the United States Army Corps of Engineers Fund and
Immediately Proceed with Surfside -Sunset Beach Nourishment Project Stage 13 from
Anaheim Bay Harbor to Newport Harbor
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. 2021-33, A Resolution of the City Council of the City of Newport Beach,
California, Requesting that the United States Army Corps of Engineers Fund Immediately
Proceed with Surfside -Sunset Beach Nourishment Project Stage 13 and Prioritize All Future
Beach Nourishment Projects From Anaheim Bay Harbor to Newport Bay in Orange County,
California.
6. Resolution No. 2021-34: Temporary Employment Agreement for a Life Safety Specialist III
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. 2021-34, A Resolution of the City Council of the City of Newport Beach,
California, Approving a Temporary Employment Agreement with Susan Guzzetta; and
c) Authorize the Mayor, Fire Chief, and City Clerk to execute the Temporary Employment
Agreement with retired employee Susan Guzzetta to temporarily fill the Life Safety Specialist
III position.
CONTRACTS AND AGREEMENTS
7. Dover Shores Traffic Calming Improvement — Award of Contract No. 7998-1 (19T12)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (minor alteration of existing public facilities such as existing highways and
streets, sidewalks, and gutters involving negligible or no expansion) of the CEQA Guidelines;
b) Approve the project plans and specifications;
c) Award Contract No. 7998-1 to AToM Engineering Construction, Inc, for the total bid price of
$151,962, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $15,200 (approximately 10 percent of total bid) to cover the cost
of additional unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 21-038 authorizing the appropriation of $169,162 from
unappropriated General Fund balance to Account No. 53601-980000-19T12 for the Dover
Shores Traffic Calming Improvement project (19T12).
City Council Meeting
April 27, 2021
Page 4
8. Amendment No. Three to On -Call Maintenance and Repair Services Agreements for
Underground Utility Installation and Repair Services with GCI Construction, Inc. and
T.E. Roberts, 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. Three to On -Call Maintenance and Repair Services Agreements
for Underground Utility Installation and Repair services, which increases the agreement
compensation by $225,000 for GCI Construction, Inc., and increases the agreement
compensation by $275,000 for T.E. Roberts, Inc., and extends the contract term to
December 31, 2022 for both.
9. Award of On -Call Roofing Maintenance and Repair Services Agreements with Best
Contracting, Inc. and C.I. Services, 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 On -Call Roofing Maintenance and Repair Service Agreements with Best
Contracting, Inc., and with C.I. Services Inc., with each agreement being for a five-year term
and total amount not -to -exceed $120,000 each, and authorize the Mayor and City Clerk to
execute the agreements.
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10. Grants and Donations Report for the Quarter Ending March 31, 2021
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
11. Resolution No. 2021-35: Community Development Block Grant — 2021-2022 Annual Action
Plan [949-270-8165]
a) Conduct a public hearing to receive comments on the Annual Action Plan;
b) Find the approval of the 2021-2022 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 2021-2022 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. 2021-35, A Resolution of the City Council of the City of Newport Beach,
California, Approving the 2021-2022 Annual Action Plan for the Allocation of the Federal
Community Development Block Grant Program Funds for Fiscal Year 2021-2022; and
City Council Meeting
April 27, 2021
Page 5
e) Authorize the City Manager to:
1. Adjust appropriations to specific programs and projects as necessary to conform with the
final 2021-2022 formula grant allocation of CDBG funds from HUD;
2. Submit the 2021-2022 Annual Action Plan to HUD;
3. Execute the 2021-2022 CDBG Program Grant Agreement and all related documents on
behalf of the City of Newport Beach;
4. Execute sub -recipient agreements with the non-profit organizations receiving allocations
of CDBG funds in the Action Plan; and
5. Authorize the Community Development Director, or his designee, to be the official
representative of the City of Newport Beach to submit required environmental
documentation for CDBG projects.
12. Resolution No. 2021-36: Call for Review of Planning Commission's Approval of a
Mixed -Use Project at 2510 West Coast Highway (PA2019-249) [949-270-8165]
a) Conduct a de novo public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 under Class 32 (In -fill Development Projects) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and
c) Adopt Resolution No. 2021-36, A Resolution of the City Council of the City of Newport Beach,
California, Upholding the Planning Commission's Approval of Coastal Development Permit
No. CD2019-062, Site Development Review No. SD2019-003, Conditional Use Permit
No. UP2019-054, Tentative Parcel Map No. NP2020-0131 and Affordable Housing
Implementation Plan No. AH2O21-001 for a Mixed -Use Project Located at 2510 and
2530 West Coast Highway (PA2019-249); or
d) Direct staff to return with a Resolution reversing or modifying the Planning Commission's
approval of Coastal Development Permit No. CD2019-062, Site Development Review
No. SD2019-003, Conditional Use Permit No. UP2019-054, Tentative Parcel Map
No. NP2020-013, and Affordable Housing Implementation Plan No. AH2O21-001 for a
mixed-use project located at 2510 and 2530 West Coast Highway (PA2019-249).
XIX. CURRENT BUSINESS
13. Resolution No. 2021-37: Waiver of Fees for the Permitting of Accessory Dwelling Units
[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) Adopt Resolution No. 2021-37, A Resolution of the City Council of the City of Newport Beach,
California, Temporarily Waiving Building Plan Check, Building Construction Permit, and
Other City Permit Fees Directly Related to the Design and Construction of Accessory
Dwelling Units and Junior Accessory Dwelling Units.
14. 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 — In memory of David Kawashima
Testimony given before the City Council is recorded.
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