The URL can be used to link to this page

Home My WebLink About0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA MAY 11, 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 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 cityclerk(a)newportbeachca.gov. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, May 10, 2021, at 5:00 p.m. 2. You can attend and participate in the meeting by going to the City Council Chambers or the Civic Center Community Room for overflow (both locations have limited occupancy due to social distancing) located at 100 Civic Center Drive where the meeting will be broadcasted, and you can address the City Council. You can connect with a computer by joining through Zoom. Click the link below to register for the meeting using a valid email address. You will receive a confirmation email allowing you to join the meeting. https://zoom.us/webinar/register/WN XfPnKGfQSZgOUVnMW3ZJTQ • If Zoom is not already installed on your computer, click "Download & Run Zoom" on the launch page and press "Run" when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically. • Select "Join Audio via Computer." • The virtual conference room will open. If you receive a message reading, "Please wait for the host to start this meeting," remain in the room until the meeting begins. • During Public Comments, use the "raise hand" function located in the participants' window and wait for City staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed. 4. Or you may connect by Phone/Audio Only by calling: 1-669-900-9128. The meeting ID is 991 0098 4261 #. During Public Comments, press *9 to add yourself to the queue and wait for City staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed. 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(a)newportbeachca.gov) 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 cityclerkCcbnewportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 MAY 11, 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. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Public Works Week Proclamation SS3. Presentation by the Orange County Mosquito and Vector Control District SS4. Development Impact Fees Staff will provide an overview of development impact fees and how they can be applied to future development to help fund facility needs. III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS 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 ANTICIPATED LITIGATION (Government Code § 54956.9) (d)(2), (e)(1): 1 Matter V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT 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. City Council Meeting May 11, 2021 Page 2 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 • Restart the General Plan Update process, with consideration given to the former members of the committee [Dixon] Review and update the City's current accessory dwelling unit ("ADU") and junior accessory dwelling unit ("JADU") ordinance to allow maximum flexibility under State law to allow property owners the easiest opportunity to legalize their unpermitted units, and to also give property owners maximum opportunity to propose new ADUs or JADUs so the City can get housing unit production credits under the State mandated RHNA [Muldoon] 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— 12). 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 27, 2021 City Council 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 INTRODUCTION 3. Ordinance No. 2021-10: Amending Portions of Chapter 1.05 of the Newport Beach Municipal Code Relating to Citation Fees and Citation Appeal Period (PA2021-079) 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. 2021- 10, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 1.05.020, Section 1.05.060, and Section 1. 12.020 of the Newport Beach Municipal Code to Increase Fines for Violations of the Municipal Code and Shorten the Administrative Citation Appeal Period, and pass to second reading on May 25, 2021. City Council Meeting May 11, 2021 Page 3 RESOLUTIONS FOR ADOPTION 4. Resolution No. 2021-38: Summary Vacation of Existing Public Utilities Easement at 628 Malabar Drive 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. 2021-38, A Resolution of the City Council of the City of Newport Beach, California, Declaring the City's Summary Vacation of an Existing Ten (10) Foot Wide Public Utilities Easement Within a Portion of Lot 93 of Tract No. 1701 at 628 Malabar Drive and Directing the City Clerk to Record Same with the County Recorder's Office; c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. 5. Resolution No. 2021-39: Supporting Assembly Bill 327, As Amended: COVID-19 Vaccination Status: Prohibition on Required Disclosure 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. 2021-39, A Resolution of the City Council of the City of Newport Beach, California, Supporting California Assembly Bill 327, As Amended. 6. Resolution No. 2021-40: Resolution of Intention to Disestablish the Corona del Mar Business Improvement District and Fix the Time and Place of a Public Hearing 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) Modify the Corona del Mar Business Improvement District's recommended Proposed Plan to Dispose of Assets by donating a portion of the physical assets to Visit Newport Beach, Inc. instead of the City of Newport Beach; c) Approve the Corona del Mar Business Improvement District's Fiscal Year 2020-21 Annual Report; and d) Adopt Resolution No. 2021-40, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Disestablish the Corona del Mar Business Improvement District and Fix the Time and Place of a Public Hearing for June 8, 2021. 7. Resolution No. 2021-41: Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District, Levy Assessments in FY 2021-22 and Fix the Time and Place of a Public Hearing 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 and/or modify the Newport Beach Restaurant Association Business Improvement District's Fiscal Year 2020-21 Annual Report and its Proposed Fiscal Year 2021-22 Budget and Bylaw Changes; and c) Adopt Resolution No. 2021-41, A Resolution of the City Council of the City of Newport Beach, California, Declaring Its Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2021 to June 30, 2022, and Fix the Time and Place of a Public Hearing for June 8, 2021. City Council Meeting May 11, 2021 Page 4 CONTRACTS AND AGREEMENTS 8. Approval of a Service Agreement for Alley Sweeping Services with AGO Industries, Inc., DBA SoCal Property 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 Service Agreement for Alley Sweeping Services with AGO Industries, Inc., DBA SoCal Property Services for a seven-year term with a not -to -exceed amount of $640,000, and authorize the Mayor and City Clerk to execute the agreement. 9. Amendment No. Three to On -Call Maintenance and Repair Services Agreements with Erosion Control Applications, 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 the On -Call Maintenance and Repair Services Agreement with Erosion Control Applications, Inc., increasing the contract compensation limit by $140,000 and extending the term to December 31, 2022. 10. Amendment No. One 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. 11. Award of Contract to Davis Farr LLP for Audit 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) Authorize the Mayor and City Clerk to execute a three-year contract, with two optional one-year extensions with Davis Farr LLP in a not to exceed amount of $270,000 to perform the City's annual financial statement audit. MISCELLANEOUS 12. Planning Commission Agenda for the May 6, 2021 Meeting Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 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. City Council Meeting May 11, 2021 Page 5 XVIII. PUBLIC HEARING 13. Ordinance No. 2021-11: Zoning Code Amendment to Allow Eating and Drinking Establishments and Health/Fitness Facilities within the Mixed -Use Dover/Westcliff Zoning District (PA2020-316) a) Conduct a public hearing; b) Find this action proposed herein 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- 11, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2020-009 Amending Table 2-8 (Allowed Uses and Permit Requirements) of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to Allow Eating and Drinking Establishments and Large Health/Fitness Facilities in the MU -DW (Mixed -Use Dover/Westclift) Zoning District (PA2020-316), and pass to second reading on May 25, 2021. XIX. CURRENT BUSINESS 14. Coronavirus (COVID-19) Update 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 Roger Schwenk Testimony given before the City Council is recorded. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE