HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JULY 13, 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.
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
JULY 13, 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. Proclamation Acknowledging Laurel Tippett for Her Work with SHARE Kids
SS3. Presentation of Explorer Program Vehicle Donation Check
SS4. Certificates of Appreciation to Outgoing Board Members and Commissioners
SS5. Be Well Orange County Mobile Crisis Intervention Program
Be Well OC provides a mobile crisis intervention program to assist those in the community
dealing with mental health issues. Marshall Moncrief, CEO of Be Well OC, will provide an
overview of their services and a potential pilot program as an adjunct to police, fire and
homeless outreach response efforts already underway in the City.
SS6. Updated Draft of the General Plan Housing Element Update (PA2017-141)
After receiving several comments from members of the community and the City Council, staff
will present an updated version of the City's Draft 6th Cycle Housing Element for additional
comments before the document is sent to the State Department of Housing and Community
Development (HCD) for review.
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): 1 matter
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).
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July 13, 2021
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B. 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.
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 2 matters
1. Orange County Council of Governments v. Gustavo Velasquez, et al.
Los Angeles Superior Court, Central District Case No. 21 STCP01970
(The City Council will be meeting with legal counsel regarding the lawsuit filed by the Orange
County Council of Governments against Gustavo Velasquez, and the California Department
of Housing and Community Development, which is challenging the regional housing needs
assessment for the Southern California Association of Governments region.)
2. Delux Public Charter, LLC D/B/A/ JSX Air and JetSuiteX, Inc. v. County of Orange, et al.
United States District Court, Central District Case No. 8:20-CV-2344-JLS (KES)
(The City Council will be meeting with legal counsel regarding the lawsuit filed by Delux
Public Charter, LLC D/B/A/ JSX Air and JetSuiteX, Inc. against the County of Orange, which
relates to JSX's operations and John Wayne Airport.)
V. RECESS
VI. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Derek Davis, Second Church of Christ Scientist
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
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July 13, 2021
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XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Adopt a Healthy Children Resolution supporting schools as they return to normal and for
parental choice in deciding whether to mask or vaccinate their children [Blom]
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— 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.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the June 22, 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.
RESOLUTION FOR ADOPTION
3. Resolution No. 2021-63: Emergency Declaration Continued — 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. 2021-63, A Resolution of the City Council of the City of Newport Beach,
California, Proclaiming the Continued Existence of a Local Emergency Related to the
Infestation of Caulerpa Prolifera in Newport Harbor.
CONTRACTS AND AGREEMENTS
4. 16th Street Pump Station Upgrades and Back-up Generator— Award of Contract No. 7693-
2 (18W13)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(b) Class 1, (existing facilities of publicly -owned utilities used to provide electric
power, natural gas, sewerage or other public utility services) of the CEQA Guidelines,
because this project has no potential to have a significant effect on the environment;
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July 13, 2021
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b) Approve the project plans and specifications;
c) Award Contract No 7693-2 to R.I.C. Construction Co., Inc. for the total bid price of
$2,508,905.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $251,000.00 (approximately 10 percent of total bid) to cover the
cost of unforeseen work not included in the original contract.
5. Agreement with American International Environmental, Inc., for Landfill Gas Control
System Operations and Maintenance Services at Newport Terrace Landfill
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 Professional Services Agreement for Landfill Gas Control System Operations and
Maintenance Services at Newport Terrace Landfill with American International
Environmental, Inc., for a three-year term with a not -to -exceed amount of $475,000, and
authorize the Mayor and City Clerk to execute the Agreement.
6. Award of On -Call Harbor Maintenance/Repair Service Agreements with Tidal Marine
Construction, Inc. and Swift Slip Dock & Pier Builders, 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 two separate On -Call Maintenance/Repair Services Agreements: one with Tidal
Marine Construction, Inc. for harbor maintenance and repair, and one with Swift Slip Dock &
Pier Builders, Inc. for dock maintenance, at not -to -exceed amounts of $155,000 per
agreement, and authorize the Mayor and City Clerk to execute the agreements.
MISCELLANEOUS
7. Planning Commission Agenda for the July 8, 2021 Meeting
Receive and file.
8. Donation of Police Explorers Program Vehicle
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) Accept a restricted donation in the amount of $49,987.01 for the purchase and upfit of a Ford
Transit passenger van for the Police Explorers program and deposit the funds in the Police
Equipment Fund Private Donations Account, 75304-561005.
9. Confirmation of Voting Delegate and Alternates for the 2021 League of California Cities
Annual Conference — September 22, 2021 to September 24, 2021
a) Determine that the 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 it will not
result in a physical change to the environment, directly or indirectly;
b) Designate Council Member Joy Brenner to be the Voting Delegate and the remainder of the
City Council to be the Alternate Voting Delegates at the League of California Cities
Conference; and
c) Direct the City Clerk to complete and submit the designation form to the League of California
Cities.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
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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.
XVIII. PUBLIC HEARING
10. Resolution No. 2021-64: Second Substantial Amendment to the 2020-21 Annual Action
Plan for the Federal Community Development Block Grant Program
a) Conduct a public hearing to receive comments on the Draft Second Substantial Amendment
to the 2020-21 Annual Action Plan;
b) Find the approval of the Second Substantial Amendment to the 2020-21 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 Second Substantial Amendment to the 2020-21 Annual Action Plan
is 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 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. 2021-64, A Resolution of the City Council of the City of Newport Beach,
California, Approving a Second Substantial Amendment to the 2020-21 Annual Action Plan
for the Federal Community Development Block Grant Program; and
e) Authorize the City Manager to:
1. Submit the Second Substantial Amendment to the 2020-21 Annual Action Plan to HUD;
2. Execute the CDBG-CV3 Program Grant Agreement and all related documents on behalf
of the City; and
3. Authorize the Community Development Director, or his/her designee, to be the official
representative of the City of Newport Beach, and to submit required environmental
documentation for CDBG projects.
XIX. CURRENT BUSINESS
11. Rescind Resolution No. 97-70 and Approve Resolution No. 2021-65 for Solid Waste,
Recyclable and Organic Service Fee for the Use of the Washington Street Bins
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. 2021-65, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Certain Properties to Use Public Solid Waste, Recyclable Material, or
Divertible Material Bins/Containers in Accordance with Section 6.04.170 of the Newport
Beach Municipal Code Subject to Paying for the Cost of Service.
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 Deane Bottonf
Testimony given before the City Council is recorded.
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