HomeMy WebLinkAbout09/28/2021 - Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
September 28, 2021
I. ROLL CALL — 4:00 p.m.
Present: Mayor Brad Avery. Mayor Pro Tem Kevin Muldoon (arrived at 4:05 p.m.). Council Member
Noah Blom (via Zoom), Council Member Jov Brenner, Council Member Diane Dixon, Council
Member Duffy Duffield. Council Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Newport Beach Arts Foundation Check Presentation
Newport Beach Arts Foundation President Juanita Holley presented Mayor Avery with a
$20,000 check for Phase VII honorariums, noted a recent Grand Opening and Dedication of
Phases V and VI of the Sculpture Garden, and thanked Library Services Director Hetherton for
his work with cultural arts. City Arts Commissioner Arlene Greer thanked the Newport Beach
Arts Foundation for supporting art in the City.
Presentation to Assistant City Manager Carol Jacobs
Mayor Avery recognized Assistant City Manager Jacobs for her service to the Citv and
community, and presented her with a certificate.
SS3. Discussion and Review of Library Lecture Hall Project
Public Works Director Webb and Library Lecture Hall Design Committee Chair Jill Johnson -
Tucker utilized a presentation to discuss the Library Lecture Hall Design Committee (LLHDC),
need for a lecture hall, location, recommended conceptual design, floor plan and Americans With
Disability Act (ADA) accessibility, primary materials. design approvals, and architectural
design guidelines. Chair Johnson -Tucker noted that Karen Clark and Walter Stahr negotiated
the terms of the Memorandum of Understanding (MOU) with assistance from Larry Tucker.
In response to City Council questions, Public Works Director Webb reported that Council may
direct the architect to source materials locally, which may affect the cost, and currently some
construction materials are not readily available. and stated that staff seeks Council comments
regarding the concept and terms of the MOU, and guidance regarding the design.
Larry Tucker continued the presentation, highlighting the status of MOU negotiations and
fundraising, estimated cost, including site work and other expected costs totaling $11.8 million.
Library Foundation funding and offer, and nest steps.
Public Works Director Webb concluded the presentation with details of the preliminary cost
estimate and schedule.
Council Member O'Neill discussed the cost estimate. the need to have a sense of whether the
cost increase is absorbable and whether Council is comfortable with design costs, needs versus
wants. the City's financial picture, investing in social infrastructure. his recommendation to
move the design forward with a cap on costs or .50%) of the costs, and completing the design or
the MOU first.
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Mayor Avery concurred with Council Member O'Neill's comments and noted that the lecture
hall should pay for itself in terms of maintenance, wanted to see maximum usage and revenue
generation, and commended Library Foundation board members for obtaining funding and
Irvine Company approval.
Council Member Dixon indicated that the Library Foundation and Board of Library Trustees
are committed to the project, the lecture hall will be compatible with the Civic Center, and one-
time funds may be available for the project. In response to her question, Council Member O'Neill
believed MOU negotiations could be completed in about 60 days, but Council needs to provide
authorization. Council Member Dixon supported moving forward with the design of the lecture
hall, a 50/50 split of costs and a not -to -exceed amount for the City's costs, completing the MOU,
and releasing an incremental amount of funding for design costs.
In response to Council Member Brenner's question, Jerold Kappel, Executive Director of the
Library Foundation, stated that the City will receive a quantifiable return on its investment,
and the community supports the Library and the lecture hall project.
Board of Library Trustees Chair Paul Watkins supported the project and asked Council for their
support by moving it forward.
Walkie Ray believed that fundraising would be successful.
Dorothy Larson, past Library Foundation Chair, indicated that the City needs the lecture hall
to continue elevating its cultural profile, and the Library Foundation has a fiduciary
responsibility to its donors.
With Mayor Pro Tem Muldoon voting "no,"there was a 6-1 straw vote for authorization
to negotiate a 50150 split with a $6.5 million cap.
With Mayor Pro Tem Muldoon voting "no," there was a 6-1 straw vote to approve the
concept and design at the $6.5 million cap.
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Phil Bettencourt commended Council for approving the lecture hall, City Manager Leung for her
participation in Coastal Cleanup Day, and appreciated the 1/1 Marine relationship with the City.
Joe Angelo discussed pedestrian safety on the boardwalk and requested that Council ban electric bikes
and enforce skateboard use on the boardwalk.
Denys Oberman reiterated concerns for the safety of pedestrians on the boardwalk and expressed the
opinion that electric bikes should be banned, speed should be regulated, and the boardwalk ambassadors
need enforcement powers.
Michelle Rosenthal expressed disappointment with the City's and Police Department's lack of support
for residents regarding two unlicensed residential care facilities in her neighborhood and requested that
Council agendize a discussion at its next meeting and tighten the language of the ordinance.
Laura Curran sought City action, empathy, and engagement to investigate Miramar Recovery for
fraudulent ownership and operation, and remarked that the Newport Beach Municipal Code does not
allow integral facilities in R-2 zones.
Linda Delaney expressed the opinion that Item 11 (Ocean Boulevard Sidewalk Improvements Between
Carnation Avenue and Fernleaf Avenue — Award of Contract No. 7623-1) will create a safety issue by
narrowing the width of Ocean Boulevard and requested a temporary installation so that the community
can understand the proposed changes and engage with the City.
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Denys Oberman noted the September 8, 2021 court ruling regarding the City of Costa Mesa's ordinance
for residential care facilities and the fact that the City of Newport Beach's ordinance has not been
challenged in court.
Catherine Callender, addressing Item 11, requested a temporary installation of the proposed project so
that the neighborhood can see the changes and potential safety issues.
City Attorney Harp announced that a community meeting regarding residential care facilities will be
held on October 11, 2021.
Out of an abundance of caution, Mayor Pro Tem Muldoon recused himself on Closed Session
Item IV.A due to potential business interest conflicts.
City Attorney Harp announced that the City Council would adjourn to Closed Session, to
discuss the items listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 2 matters
Delux Public Charter, LLC DIB/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 JSX's
operations and John Wayne Airport, and one other 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), Newport Beach
Firefighters Association (NBFA), and Newport Beach Employees League (NBEL).
V. RECESSED — 5:50 p.m
VI. RECONVENED — 6:30 p.m.
VII. ROLL CALL
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom (via Zoom),
Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neill
VIII. CLOSED SESSION REPORT
City Attorney Harp reported Council direction regarding Closed Session Item IV. a remained unchanged
from the July 13, 2021 City Council meeting. Further, upon motion by Council Member Dixon and second
by Council Member Blom, Council authorized the City Attorney's Office to file a mandatory fee arbitration
case against Cooley LLP, William O'Connor, and Andrew Barr for disgorgement of fees. With the exception
of Mavor Pro Tem Muldoon. who recused himself, all Council Members voted in favor of the motion.
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IX. INVOCATION - Reverend Keith Horwitz, Soul Center OC
X. PLEDGE OF ALLEGIANCE - Council Member Duffield
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Brenner:
• Toured the Orange Coast College (OCC) Professional Mariner Training Center
• Attended the League of California Cities (CalCities) Conference, Sculpture Garden grand opening,
Spyglass Hill picnic, OASIS Senior Center Cars and Coffee event, Orange County Mosquito and
Vector Control Board meeting, and the Newport Beach Arts Show at Bistango
• Utilized slides to discuss the Newport Beach Police Department's e -bike and traffic safety
presentation, announce a Shred and E -Waste Event on October 16, and thank City staff for
prosecuting the construction of an unauthorized trail in Buck Gully
Council Member O'Neill:
• Attended the Corona del Mar Residents Association (CdMRA) meeting with Council Member
Brenner, Spyglass Hill picnic, OASIS Senior Center Cars and Coffee event, and the Crystal Cove
Soiree where it was announced that the State will fund the restoration of the remaining cottages
Council Member Dixon:
• Attended the Aviation Committee meeting, City Arts Commission reception in the Sculpture
Garden, Spyglass Hill picnic, concert at Marina Park, Concert on the Green, and OASIS Senior
Center Cars and Coffee
• Utilized a slide to announce a District 1 Town Hall on October 5 at Marina Park
Council Member Duffield:
• Attended an Executive Watershed Committee meeting
• Utilized a slide to announce a community meeting to discuss residential care facilities on
October 11 at. 6:00 p.m.
Mayor Avery:
• Attended the Spyglass Hill picnic, Balboa Island Art Walk, Sculpture Garden grand opening, OASIS
Senior Center Cars and Coffee event, and the opening of the OCC Professional Mariner Training
Center
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher, addressing Item 6 (Resolution No. 2021-86: Creating the City Council Ad Hoc Redistricting
Committee), remarked that a realistic cost estimate for the redistricting effort would be helpful, and
inquired about the necessity of this work if a pending ballot initiative could change the number of
districts in the City. Regarding Item 12 (Contract with Arts Orange County to Manage Phase VII of the
Sculpture Exhibition in Civic Center Park), he noted that the staff report and contract conflict with
respect to the selection process.
Linda Delaney stated that Catherine Callender requests that Council delay its vote on Item 11 so that
the community may engage with Council.
Regarding Item 12. City Attorney Harp advised that staff will ensure that the contract matches the staff
report.
At Council Member Brenner's request, City Arts Commission Chair Greer related that the process has
changed to allow the public greater input into the selection of artwork for the Sculpture Garden.
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XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 7, 2021 City Council Special Meeting and September 14, 2021
City Council Regular Meeting [100-20211
Waive reading of subject minutes, approve as amended, 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.
ORDINANCES FOR ADOPTION
3. Ordinance No. 2021-16: Amending the LCP Implementation Plan Related to Residential
Design Standards Addressing Third Story Massing (PA2019-070) [100-20211
a) Find this amendment exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and
15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section
15061(b)(3) because it has no potential to have a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2021-16, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code and Adopting Local Coastal
Program Amendment No. LC2019-006 Related to Residential Design Standards (PA2019- 0 70).
4. Ordinance No. 2021-17: Amending the LCP Implementation Plan Related to Setback Maps
S -3A and S-313 on Lido Isle (PA2016-066) [100-20211
a) Find this amendment exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15305 of the CEQA Guidelines, Class 5 (Minor Alterations in Land Use Limitations)
because it has no potential to have a significant impact on the environment; and
b) Conduct second reading and adopt Ordinance No. 2021-17, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code and Adopting Local Coastal
Program Amendment No. LC2017-004 Related to Certain Front Yard and Side Yard Setbacks
on Lido Isle (PA2016-066).
5. Ordinance No. 2021-18: Amending the LCP Implementation Plan Related to the
Amortization of Nonconforming Signs (PA2019-184) [100-20211
a) Find this amendment exempt pursuant to California Environmental Quality Act ("CEQA")
Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has no potential to have a
significant effect on the environment and local governments are exempt from the requirements
of CEQA in connection with the adoption of a Local Coastal Program; and
b) Conduct second reading and adopt Ordinance No. 2021-18, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Title 21 (Local Coastal Program
Implementation Plan) of the City of Newport Beach Municipal Code Related to the Amortization
of Nonconforming Signs (PA2019-184).
Council Member Duffield recused himself from Item 5 due to business interest conflicts.
RESOLUTIONS FOR ADOPTION
6. Resolution No. 2021-86: Creating the City Council Ad Hoc Redistricting Committee
[241100-20211
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:
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b) Adopt Resolution No. 2021-86, A Resolution of the City Council of the City Newport Beach,
California, Creating the Ad Hoc Redistricting Committee to Study the Adjustment of l otirig
District Boundaries as a Result of the United States Census Bureau's 2020 Census; and
c) Confirm the appointments of Mayor Avery, Council Member Will O'Neill, and Council Member
Diane Dixon to serve on the City Council Ad Hoc Redistricting Committee.
7. Resolution No. 2021-87: Creating the City Council Ad Hoc General Plan Update
Committee (PA2017-141) [21/100-2021]
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 any physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2021-87, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Ad Hoc General Plan Update Committee; and
c) Confirm Mayor Brad Avery's appointments of Council Member Joy Brenner, Council Member
Will O'Neill, and himself to the Ad Hoc General Plan Update Committee.
8. Resolution No. 2021-88: Accepting a Grant from the State of California, Division of
Boating and Waterways for the Surrendered and Abandoned Vessel Exchange (SAVE)
Program [100-2021]
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;
b) Adopt Resolution No. 2021-88, A Resolution of the City Council of the City of Newport Beach,
California, Accepting a Grant from the State of California, Department of Parks and Recreation,
Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange
Program (SAVE); and
c) Approve Budget Amendment No. 22-014 recognizing $175,000 in grant revenue from the
California Division of Boating and Waterways (13501-431385-22H13) and appropriating
$175,000 to Account No. 13501-980000-22H13 and $17,500 to Account No. 10001-980000-22H13
(Abandoned Watercraft Abatement CIP Expenditure).
9. Resolution No. 2021-89: Investment Policy Update [100-2021]
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) Adopt Resolution No. 2021-89, A Resolution of the City Council of the City of Newport Beach,
California, Finding Consistency with Stated Investment Objectives and Amending City Council
Policy F-1 (Statement of Investment Policy) to Add Clarifying Language that is Consistent with
Government Code Section 53600, et seq.
CONTRACTS AND AGREEMENTS
10. Via Lido Soud and Nord Water Main Replacement - Notice of Completion for Contract
No. 7645-2 (20W12) [381100-2021]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project,-
b)
roject;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.
11. Removed from the Consent Calendar
12. Contract with Arts Orange County to Manage Phase VII of the Sculpture Exhibition in
Civic Center Park (C-8463-5) [381100-2021]
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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) Approve a contract with Arts Orange County for project management of Phase VII of the
Sculpture Exhibition in Civic Center Park for a total amount not to exceed $119,000, and
authorize the Mayor and City Clerk to sign the contract.
13. Mutual Aid Agreement with the County of Orange for the COVID-19 Vaccination Effort
(C-8773-1) [381100-2021]
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) Approve the Mutual Aid Agreement with the County of Orange for the COVID-19 Vaccination
Effort.
14. Amendment No. 4 to the Crossing Guard Services Agreement with All -City Management
Services (C-8521-1) [38/100-2021]
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;
b) Approve Amendment No. Four to the Crossing Guard Services Agreement with All -City
Management Services, Inc. of Santa Fe Springs, California adding two crossing guards for
Ensign Intermediate School, and authorize the Mayor and City Clerk to execute the
Amendment; and
c) Approve Budget Amendment No. 22-013 appropriating $25,380 in increased expenditures in
Account No. 01035354-811008 from the unappropriated General Fund balance.
MISCELLANEOUS
15. Budget Amendment to Accept a Check from the Newport Beach Arts Foundation and
Appropriate Funds to the Cultural Arts' Fiscal Year 2021-22 Maintenance and Operation
Budget [100-2021]
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) Accept a check in the amount of $20,000 from the Newport Beach Arts Foundation and approve
Budget Amendment No. 22-012 to increase expenditures by the same amount in Division
01060603 (Cultural Arts).
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Brenner, to approve the
Consent Calendar, except the item removed (Item 11); and noting the recusal by Council Member
Duffield to Item 5, and the amendments to Item 1.
The motion carried unanimously.
XV. ITEM REMOVED FROM THE CONSENT CALENDAR
11. Ocean Boulevard Sidewalk Improvements Between Carnation Avenue and Fernleaf
Avenue — Award of Contract No. 7623-1 (18R25) [381100-2021]
Harley Broviak noted discrepancies between using a stop sign and a yield sign, expressed concern
about the proposed sidewalk widths, and requested an accurate and updated diagram, a physical
mockup of the improvement, and a formal traffic impact study of Ocean Boulevard.
An unidentified speaker suggested staff prepare a more formal design.
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At Council Member Brenner's request, Public Works Director Webb utilized a presentation to
describe the project, standards, and revisions in response to community concerns. He reported that
the street would meet current residential standards for traffic and staff does not feel there will be
any problems.
Assistant City Engineer Sinacori reported that staff painted a centerline on the street to
demonstrate traffic movement and noted the concern about the sidewalk since people gather at the
same spot each evening and block the sidewalk. He stated that, if Council wishes, staff can meet
with residents again to review the project.
Council Member Brenner recalled residents' initial negative response to the project more than three
years ago, additional meetings with residents, and the impetus for a stop sign. She noted that staff
has agreed to work with residents, but Council cannot afford to delay the project.
Mayor Pro Tem Muldoon noted that staff would not typically conduct a traffic study for this type of
project and pointed out that street and sidewalk widths are set by City standards.
Motion by Mayor Pro Tem Muldoon seconded by Council Member Dixon, to 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.
7623-1 to Vido Samarzich, Inc. for the total bid price of $449.470, and authorize the Mayor and City
Clerk to execute the contract; and d) establish $45,000 (approximately 10 percent) contingency to
cover the cost of unforeseen work not included in the original contract.
The motion carried unanimously.
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Steven Fusswinkel related that five group homes are located within three blocks of one another in his
neighborhood, 12-15 people live in some of the homes, residents do not feel safe, and noted the difference
between Costa Mesa's ordinance and Newport Beach's ordinance. He requested Council agendize a
discussion of the issues and work with residents to change State laws.
XVII. PUBLIC HEARINGS
16. Ordinance Nos. 2021-19 and 2021-20: A General Plan Amendment for the Residences at
Newport Center Located at 150 Newport Center Drive (PA2020-020) [38/100-20211
Community Development Director Jurjis and Associate Planner Westmoreland utilized a
presentation to discuss the proposed project, share a vicinity map, existing conditions, requested
entitlements, display the site plan, garage access, renderings and plan sections, review Charter
Section 423' analysis, California Environmental Quality Act (CEQA) analysis, highlight the
Environmental Impact Report (EIR) and Development Agreement (DA), Planning Commission
recommendations, conditions of approval, and staffs recommendation.
Mayor Avery opened the public hearing.
Coralee Newman, Government Solutions, Glen Butler, architect, and Mark Schattinger, MJS
landscape architect, utilized a presentation to review the applicant's requests, community meetings,
location, project statistics, perspectives, colors and materials, site plans, traffic circulation, common
area amenities, surrounding building heights, photo simulations, and terms of the DA.
Council Member Dixon thanked the applicant for listening to the community. providing a beautiful
project, reducing the size, and agreeing to a DA. She noted that the project conforms to General Plan
requirements.
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Council Member Brenner disclosed an ex parte meeting with the applicant and applicant's
representative to review the project and stated that the improvements are impressive.
Jim Mosher discussed the addition of housing units in Newport Center, the requirement for a vote
of the electorate, height limits and the proposed building's height, and the project's failure to comply
with the definition of a Planned Communitv.
Hearing no further testimony, Mayor Avery closed the public hearing.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Dixon, to a) adopt
Resolution No. 2021-90, A Resolution of the City Council of the City of Newport Beach, California,
Certifying Environmental Impact Report No. ER2021-002 (SCH No. 2020110087), Adopting the
Mitigation Monitoring and Reporting Program, and Adopting California Environmental Quality Act
Findings of Fact for the Residences at Newport Center Located at 150 Newport Center Drive (PA2020-
020); b) adopt Resolution No. 2021-91. A Resolution of the City Council of the City of Newport Beach,
California, Adopting General Plan Amendment No. GP2020-001 for the Residences at Newport
Center Located at 150 Newport Center Drive (PA2020-020); c) adopt Resolution No. 2021-92, A
Resolution of the City Council of the City of Newport Beach, California, Approving Major Site
Development Review No. SD2020-001 for the Residences at Newport Center and Rescinding Use
Permit No. UP1461 for a Car Wash Located at 150 Newport Center Drive (PA2020-020); d) adopt
Resolution No. 2021-93, A Resolution of the City Council of the City of Newport Beach, California,
Approving Tentative Tract Map No. NT2020-001 for the Residences at Newport Center Located at
150 Newport Center Drive (PA2020-020); e) waive full reading, direct the City Clerk to read by title
only, introduce Ordinance No. 2021-19, An Ordinance of the City Council of the City of Newport
Beach, California, Approving Development Agreement No. DA2020-001 for the Residences at
Newport Center Located at 150 Newport Center Drive (PA2020-020) (C-8217-2), and pass to second
reading on October 12, 2021; and f) waive full reading, direct the City Clerk to read by title only,
introduce Ordinance No. 2021-20, An Ordinance of the City Council of the City of Newport Beach,
California, Approving Zoning Code Amendment No. CA2020-008 and Planned Community
Development Plan No. PC2020-001 Establishing the Residences at Newport Center Located at
150 Newport Center Drive (PA2020-020), and pass to second reading on October 12, 2021.
The motion carried unanimously.
17. Ordinance No. 2021-21: Zoning Code Amendment and General Plan Amendment to
Change the Land Use Designation and Zoning District from Multiple Unit Residential to
Private Institutions at 1499 Monrovia Avenue (PA2021-068) [100-20211
Community Development Director Jurjis reported the item proposes to change the designation from
residential to Private Institution (PI) to allow Pacifica Christian High School to occupy the site, and
noted that a use permit will be presented to Council at a future meeting.
Mayor Avery opened the public hearing.
Shawna Schaffner, applicant representative, requested Council approve the General Plan
Amendment and Zoning Code Amendment.
Katherine Anderson urged Council to approve the. amendments.
Mark McCardle shared his family's positive experiences with Pacifica Christian High School and
asked Council to approve the amendments.
Hearing no further testimony, Mayor Avery closed the public hearing.
Council Member O'Neill commented that Pacifica Christian High School enriches the community
and individual families.
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Motion by Council Member O'Neill, seconded by Council Member Brenner, to a) find this
project not subject to the California Environmental Quality Act (CEQA) pursuant to Section
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) 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;
c) adopt Resolution No. 2021-94, A Resolution of the City Council of the City of Newport Beach,
California, Approving General Plan Amendment No. GP2021-002 to Change the Land Use
Designation from RM 18 DU/AC (Multiple Residential) to PI 0.49 FAR (Private Institutions) for the
Property Located at 1499 Monrovia Avenue (PA2021-068); and c) waive full reading, direct the City
Clerk to read by title only, introduce Ordinance No. 2021-21, An Ordinance of the City Council of
the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2021-003 to
Change the Zoning Code Designation from RM 242013100 (Multiple Residential) to PI 0.49 FAR
(Private Institutions) for the Property Located at 1499 Monrovia Avenue (P.42021-068), and pass on
to second reading on October 12, 2021.
Council Member Dixon disclosed that she took a site visit and indicated the Pacifica Christian High
School's administration cares about the community, and the school and its students benefit Newport
Beach.
Council Member Brenner disclosed that she took a tour of the school.
The motion carried unanimously.
XVIII. CURRENT BUSINESS
18. Approval of a Mobile Crisis Response Team to Assist Residents and Homeless Individuals
Experiencing Mental Health Crises Related to COVID-19 and a Community Development
Block Grant and Professional Services Agreement (C-8778-1) [38/100-20211
Assistant City Manager Jacobs utilized a presentation to discuss the City's homeless population,
successes, and the City's approach. She noted that the missing piece was a means to assist with
mental health issues.
In response to Council Member Dixon's questions, Marshall Moncrief, Chief Executive Officer of Be
Well OC/Mind OC, advised that Be Well can begin providing services in Newport Beach starting
December 2021, is awaiting delivery of a van, and can often avoid facility -based care by providing
services promptly.
Assistant City Manager Jacobs concluded the presentation with how the program works, costs, and
funding.
In response to Council Member Dixon's questions, Assistant City Manager Jacobs indicated that the
homeless population changes almost daily, the core group of homeless individuals is getting smaller,
a small percentage of clients stop services and return to the streets, and clients in the shelter can
transition to Be Well.
In response to Mayor Avery's question, Mr. Moncrief related that one team and van can cover the
projected call volume, Be Well will monitor response times and adjust as needed, and Be -Well
resources can be shared among cities in which it operates.
Reverend Cindy Vorhees, St. James Episcopal Church, urged Council to support the project, shared
her experiences working with people suffering mental health issues. and noted the excellent quality
of Be Well's services.
Council Member Brenner emphasized the cost savings of utilizing Be Well's services and pointed
out that Be Well also provides services to people suffering mental health issues that are not
homeless.
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City of Newport Beach
City, Council Meeting
September 28, 2021
Council Member Dixon thanked staff for their efforts over the past 18 months.
Motion by Council Member Dixon, seconded by Council Member Brenner, to 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. 22-015 in the
amount of $717,079 in COVID-19 Community Development Block Grant Funds and $376,101 from
the General Fund to provide funding for a pilot program; and. c) authorize the City Manager and
City Clerk to execute a three-year Community Development Block Grant Public Services and
Professional Services Agreement with Mind OC for the Be Well OC Mobile Crisis Response Team
Program, in the amount of $1,093,180.00 for a term of one year with the option for two additional
one-year extensions, in a form substantially similar to the agreement prepared by the City Attorney.
The motion carried unanimously.
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 8:36 p.m.
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
September 23, 2021 at 4:00 p.m.
Brve
Ma
Leilani I. Brown
City Clerk
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