HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
MAY 25, 2021
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION — 5:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 6:00 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(cDnewportbeachca.goy. To give the City Council adequate time to review your questions and comments, please
submit your written comments by Monday, May 24, 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 GXwlCaCDSpyiDOGWicipsg
• 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 969 4778 3464 #. 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(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
MAY 25, 2021
STUDY SESSION — 5:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 6:00 P.M.
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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.
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ROLL CALL — 5:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Review of the Proposed Fiscal Year 2021-22 Capital Improvement Program Budget
(the proposed budget is available online at newportbeachca.gov/budget)
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 Fiscal Year 2021-22 through 2026-27 Capital Improvement Program budget, which
is proposing to budget $74,847,465 for capital improvement projects and programs in
FY 2021-22.
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 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 Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL) and
Newport Beach Police Association (NBPA).
City Council Meeting
May 25, 2021
Page 2
V. RECESS
VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Pastor Drew Smithson, Orange County First Assembly of God, Santa Ana
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. PUBLIC COMMENTS ON CONSENT CALENDAR
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.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the May 11, 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.
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May 25, 2021
Page 3
ORDINANCES FOR ADOPTION
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) Conduct second reading and adopt 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.
4. Ordinance No. 2021-11: Zoning Code Amendment to Allow Eating and Drinking
Establishments and Health/Fitness Facilities Within the Mixed -Use Dover/WestcliffZoning
District (PA2020-316)
a) 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
b) Conduct second reading and adopt 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/Westcliff) Zoning
District (PA2020-316).
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2021-42: Initiation of Zoning Code and LCP Amendments Related to
Wireless Communication Facilities in the Public Right of Way (PA2021-103)
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2021-42, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to Titles 20 (Planning and Zoning) and 21 (Local Coastal
Program Implementation Plan) of the City of Newport Beach Municipal Code Related to
Wireless Communication Facilities in the Public Right of Way (PA2021-103).
6. Resolution No. 2021-43: Initiation of Zoning Code and LCP Amendments Related to
Accessory Dwelling Units (PA2021-113)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2021-43, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local
Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related
to Accessory Dwelling Units (PA2021-113).
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May 25, 2021
Page 4
7. Resolution No. 2021-44: Approval of Revised City Council Travel Policy F-8
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. 2021-44, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Revised City Council Policy F-8.
8. Resolution No. 2021-45: Emergency Declaration — Caulerpa prolifera in Newport Harbor
a) The proposed action is exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15269(c) (the activity is necessary to prevent or mitigate an emergency)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it does not have the potential for causing a significant effect on the environment,
and none of the exceptions listed in Guidelines Section 15300.2 apply. Section 15269 allows
specific actions necessary to prevent or mitigate an emergency; and
b) Adopt Resolution No. 2021-45, A Resolution of the City Council of the City of Newport Beach,
California, Proclaiming the Existence of a Local Emergency Related to the Infestation of
Caulerpa Prolifera in Newport Harbor.
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9. Corporation Yard Fence Replacement Project — Notice of Completion for Contract
No. 7810-1 (20F02)
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. Fiscal Year 2020-21 Traffic Signal Rehabilitation Project — Award of Contract No. 7791 AA
(21 T01)
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 project plans and specifications;
c) Award Contract No. 7791 -1 A to KDC, Inc., dba Dynalectric for the total bid price of $741,544,
and authorize the Mayor and City Clerk to execute the contract; and
d) Establish $75,000 (approximately 10 percent) contingency amount to cover the cost of
unforeseen work not included in the original contract.
11. Temporary Employment Agreement for a Principal Building Inspector
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 the Post Retirement
Temporary Employment Agreement with John Burckle for Principal Building Inspector
Services.
City Council Meeting
May 25, 2021
Page 5
12. Award of On -Call Vessel Removal, Storage and Disposal Services Agreements with
Newport Dredging Company, Inc., Pacific Towing, LLC, and Perry's Truck & Equipment
Repair, LLC
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 three separate on-call Professional Services Agreements with Newport Dredging
Company, Inc., Pacific Towing, LLC, and Perry's Truck & Equipment Repair, LLC for vessel
removal, storage and disposal services at a not -to -exceed amount of $120,000 per
agreement, and authorize the Mayor and City Clerk to execute the agreements.
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13. Third Quarter Budget Update
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. 21-043, which will:
1. Transfer unused Homeless Shelter CIP project funds of $265,285.80 to the City Manager
Outreach Services account (0102041-811008) for ongoing homeless shelter operating
costs;
2. Transfer unappropriated fund balance from the 800 MHz Radio Fund to the General Fund
in the amount of $446,656; and
3. Transfer unappropriated fund balance from the Special Improvement District No. 95-1
Fund to the General Fund in the amount of $281,611;
c) Receive and file the report of budget amendments for the third quarter; and
d) Receive and file the summary of pandemic -related costs and revenue.
14. Set Public Hearing Date for the 2020 Urban Water Management Plan and Water Shortage
Contingency Plan
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) Receive the draft Urban Water Management Plan, the Water Supply Contingency Plan, and
the Addendum to the 2015 Urban Water Management Plan for review; and
c) Set the date of June 8, 2021 for a public hearing.
15. Set Public Hearing Date to Adopt Fiscal Year 2021-2022 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 2021-2022 for
June 8, 2021, and direct the City Clerk to publish a notice of said hearing in accordance with
Section 1102 of the Newport Beach Charter.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
May 25, 2021
Page 6
XVI. 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.
XVII. PUBLIC HEARING
16. Resolution No. 2021-46: Lower Newport Bay Confined Aquatic Disposal Construction
Project — Environmental Impact Report
a) Conduct a public hearing; and
b) Adopt Resolution No. 2021-46, A Resolution of the City Council of the City of Newport Beach,
California, Certifying Environmental Impact Report No. ER2021-001; Adopting the Mitigation,
Monitoring and Reporting Program; Making Facts and Findings; and Approving the
Construction of a Confined Aquatic Disposal Facility and Dredging Outside the Federal
Channels in Lower Newport Harbor.
XVIII. CURRENT BUSINESS
17. Ordinance No. 2021-12: Eliminating the Balboa Village Area Benefit District
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-
12, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Section 12.44.029 (Area Benefit District Reserve) of Chapter 12.44 (Stopping, Standing and
Parking Restrictions) of Title 12 (Vehicles and Traffic) of the Newport Beach Municipal Code
to Eliminate the Balboa Village Area Benefit District, and pass to second reading on June 8,
2021.
18. Coronavirus (COVID-19) Update
An oral report will be provided.
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
Testimony given before the City Council is recorded.
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