HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
AUGUST 24, 2021
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 5:00 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.
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(c�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
AUGUST 24, 2021
CLOSED SESSION - 4:00 P.M.
REGULAR MEETING - 5:00 P.M.
ROLL CALL — 4:00 p.m.
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.
III. CLOSED SESSION — After Study Session — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
B. 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), Newport
Beach Police Association (NBPA), Newport Beach Professional and Technical Employees
Association (NBPTEA), Newport Beach City Employees Association (NBCEA), and Newport
Beach Firefighters Association (NBFA).
IV. RECESS
V. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
VIII. INVOCATION — Imam Mandi al-Qazwini, Islamic Education Center of Orange County
IX. PLEDGE OF ALLEGIANCE
X. PRESENTATIONS
• Proclamation Recognizing International Literacy Day
Proclamation Recognizing U.S. Olympic Athletes from Newport Beach
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August 24, 2021
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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 extending the outdoor dining temporary permits until the end of the year
[Muldoon]
• Consideration of adopting a resolution supporting a Veterans' Cemetery at Gypsum
Canyon in Anaheim Hills [Muldoon]
Explore additional options regarding the recent City Council direction on the
rehabilitation of the McFadden Square area to include a re -envisioning of the Newport
Pier, oceanfront parking lot, existing pier buildings, boardwalk improvements and other
City facilities within the area [Blom, Dixon]
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— 18). 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 July 27, 2021 City Council 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.
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2021-69: Supporting Local Schools as they Return to Normal and Parental
Choice in Deciding Whether Children Should be Masked or Vaccinated at School
(continued from the July 27, 2021 City Council meeting)
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August 24, 2021
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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. 2021-69, A Resolution of the City Council of the City of Newport Beach,
California, Supporting Local Schools as they Return to Normal and Parental Choice in
Deciding Whether Children Should be Masked or Vaccinated at School.
4. Resolution No. 2021-72: California Office of Emergency Services Governing Body
Resolution for Designation of Applicant Agent
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. 2021-72, A Resolution of the City Council of the City of Newport Beach,
California, Providing Written Authorization to the State of California Governor's Office of
Emergency Services of the Standard Assurances Required to Apply for the Emergency
Management Performance Grant (EMPG) and Homeland Security Grant Program (HSGP).
5. Resolution No. 2021-73: Acceptance of Grant Funds from the California Department of
Alcoholic Beverage Control
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 grant and accept the California Department of Alcoholic Beverage Control (ABC)
2021-2022 Alcohol Policing Partnership Program (APP) grant award in the amount of
$24,830.00, and authorize the Chief of Police to execute the agreement;
c) Approve Budget Amendment No. 22-003 to increase revenue estimates by $24,830.00 in the
ABC grant account, No. 01035352-431472-G2202 and to increase expenditure
appropriations in the amount of $22,330.00 in Detective Division Overtime account,
01035355-713002-G2202; and $2,500.00 in the Detective Division Special Department
Expense account, 01035355-841046-G2202; and
d) Adopt Resolution No. 2021-73, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Acceptance of the California Department of Alcoholic Beverage
Control's FY 2021-2022 Alcohol Policing Partnership Grant Program Award, and Authorizing
the Chief of Police to Act as "Authorized Agent" to Execute on Behalf of the City Grant
Documents Necessary to Secure Payment and Implementation of Grant Funds to
Supplement the Police Department's Alcohol Education and Enforcement Efforts.
6. Resolution No. 2021-74: Approve Revisions to Council Policy H-1 Recommended by
Harbor Commission
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. 2021-74, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Revised City Council Policy H-1 "Harbor Permit Policy".
7. Resolution No. 2021-75: Amendments to the Records Retention Schedule
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; and
b) Adopt Resolution No. 2021-75, A Resolution of the City Council of the City of Newport Beach,
California, Amending Certain Sections of the Records Retention Schedule and Authorizing
Destruction of Certain Records Accordingly.
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August 24, 2021
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8. Resolution No. 2021-76: Proclaiming the Termination of the Local Emergency Declared on
May 25, 2021 Related to the Infestation of Caulerpa Prolifera in 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. 2021-76, A Resolution of the City Council of the City of Newport Beach,
California, Proclaiming the Termination of the Local Emergency Declared on May 25, 2021
Related to the Infestation of Caluerpa Prolifera in Newport Harbor.
CONTRACTS AND AGREEMENTS
9. Street Pavement Repair Program — Notice of Completion for Contract No. 7929-1 (Project
No. 21 R03)
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) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
c) 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
d) Release Faithful Performance Bond one year after acceptance by the City Council.
10. 2020-2021 Playground Improvements Project —Award of Contract No. 7934-1
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301_Class 1 (Rehabilitation of Deteriorated Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because this project results in no
expansion of an existing use;
b) Approve the project plans and specifications with modifications as discussed in this report;
c) Award Contract No. 7934-1 to R.E. Schultz for the adjusted bid price of $279,915 and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency amount of $25,193 (approximately 9 percent) to cover the cost of
unforeseen work not included in the original contract.
11. Mission Bay Drive Street Improvements — Award of Contract No. 7889-3 (21 R03)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (repair and maintenance of existing highways and streets, sidewalks, and
gutters involving no expansion of use) of the CEQA Guidelines, because this project has no
potential to have a significant effect on the environment;
b) Approve project drawings and specifications;
c) Award Contract No. 7889-3 to All American Asphalt for the total bid price of $196,691.00,
and authorize the Mayor and City Clerk to execute the contract; and
d) Establish $20,000 (approximately 10 percent) contingency to cover the cost of unforeseen
work not included in the original contract.
12. Transportation Engineering Services — Approval and Award of On -Call Professional
Services Agreements
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 separate on-call Professional Services Agreements with Iteris, Inc., LSA
Associates, Inc., Kimley-Horn and Associates, Inc., Mark Thomas and Company, Inc., and
Stantec Consulting Services, Inc. for three-year terms and a total not -to -exceed amount of
$200,000 per agreement, and authorize the Mayor and City Clerk to execute the agreements.
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August 24, 2021
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13. Approval of Agreement for On -Call Custom Sign Fabrication, Installation and Repair
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 three-year agreement with two automatic annual extensions with Outdoor
Dimensions, LLC for on-call custom sign fabrication, installation and repair, with a total not -
to -exceed amount of $625,000.
14. City Bridge Maintenance Project — Rejection of All Bids for Contract No. 7679-1 (21 R13)
a) Reject all bids received for Contract No. 7679-1 and direct staff to modify the scope of the
project and re -advertise.
15. Acceptance of an Assistance to Firefighters Grant from the Federal Emergency
Management Agency
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 grant and accept the Federal Emergency Management Agency (FEMA)
Assistance to Firefighters Grant award in the amount of $274,900; and
c) Approve Budget Amendment No. 22-007 to increase revenue estimates by $274,900 in
account 75604-431390-G2240 (Fire Equipment -FEMA -Vehicle Exhaust Systems) and
increase expenditure appropriations by $302,390 in account 75604-911013-G2240 (Fire
Equipment -Assist Firefighter Grant -Vehicle Exhaust Systems).
MISCELLANEOUS
16. Planning Commission Agenda for the August 19, 2021 Meeting
Receive and file.
17. Visit Newport Beach, Inc. FY 2022 Destination Business Plan Supplement and Budget,
and FY 2021 Performance Standards 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;
b) Review, receive and file the FY 2022 Newport Beach & Company Destination Business Plan
Supplement;
c) Receive and file the Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2021
Performance Standards Report; and
d) Review and approve the Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2022 Budget.
18. Tourism Business Improvement District (TBID) Annual Report and Fiscal Year 2021-22
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;
b) Authorize a waiver of the timeline provided in Section 3.5 of the Tourism Business
Improvement District Management Agreement;
c) Review and approve the NB TBID'S FY 2021-22 Annual Report; and
d) Review and approve the NB TBID's FY 2021-22 Budget.
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 HEARINGS
19. Ordinance No. 2021-15: Non -Exclusive Commercial Solid Waste Franchise Agreements
a) Conduct a Public Hearing to consider the award of Non -Exclusive Commercial Solid Waste
Franchises pursuant to Resolution No. 2021-68;
b) 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
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
15, An Ordinance of the City Council of the City of Newport Beach, California, Granting Non -
Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials
Handling Services within the City of Newport Beach to the two so named companies, and
pass to second reading on September 14, 2021.
20. Appeal of Denial of Special Neighborhood Trees Removal Request at 1317 and 1323
Ashford Lane
a) Conduct a public hearing;
b) Determine this action is categorically exempt from the California Environmental Quality Act
("CEQA") pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to
Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter
3, because the activities are in the classes of projects which have been determined not to
have a significant effect on the environment; and
c) Consider the appeal of staff's and the Parks Beaches & Recreation Commission denials of
the removal and replacement of two Special City Lemon -Scented Gum Eucalyptus
(Corymbia citriodora) trees located at 1317 and 1323 Ashford Lane:
i. If it is desired to preserve the Special Neighborhood tree(s), adopt Resolution No. 2021-
77, A Resolution of the City Council of Newport Beach, California, Denying the Applicants'
Appeal of the Parks, Beaches and Recreation Commission's Decision to Prohibit the
Removal of Two Special Neighborhood City Trees at 1317 and 1323 Ashford Lane, OR
ii. If it is desired to allow the removal and replacement of the Special Neighborhood tree(s),
direct City staff to return with a resolution reversing the decision of the Parks Beaches &
Recreation Commission.
21. Resolution No. 2021-78: Appeal of Director's Determination No. DD2021-001 Interpreting
Accessory Residential as an Allowed Use within Resort Hotels (PA2021-096)
a) Conduct a de novo public hearing;
b) Find this Director's Determination 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, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly. This Director's Determination is
also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule common
sense exemption that CEQA applies only when there is the potential for causing a significant
effect on the environment; and
c) Adopt Resolution No. 2021-78, A Resolution of the City Council of Newport Beach, California,
Denying an Appeal and Upholding the Community Development Director's Determination
No. DD2021-001, and Associated Findings, that Accessory Residential is an Allowed Use
within Resort Hotels (PA2021-096)
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August 24, 2021
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XIX. CURRENT BUSINESS
22. Tustin Avenue Trial Closure at Cliff 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; and
b) Direct staff to install temporary barricades to implement a trial closure of Tustin Avenue at
Cliff Drive for a four-month trial observation period, and report back to City Council on findings
and recommended next steps.
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 Joseph T. Devlin
Testimony given before the City Council is recorded.
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