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Home My WebLink About0 - Agenda� �tiW PORT O � � n � z 41F CITY OF NEWPORT BEACH CITY COUNCIL AGENDA OCTOBER 26, 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 — 6:00 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 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 OCTOBER 26, 2021 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION - FOLLOWS STUDY SESSION REGULAR MEETING - 6:00 P.M. ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Housing Element Update Status Report (PA2017-141) The State Department of Housing and Community Development (HCD) has provided comments on the City's draft Housing Element. Staff will provide a summary of the more noteworthy comments and the efforts to revise the draft Housing Element consistent with HCD's comments. Staff will also provide an update on the environmental review process, as well as the schedule going forward. 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, and Barbara Salvini, Human Resources Director, Negotiators. Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL), Newport Beach Police Association (NBPA), Newport Beach Firefighters Association (NBFA), and Newport Beach Employees League (NBEL). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 2 matters V. RECESS VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION — Nadia Khazei, Spiritual Assembly of the Baha'i's of Newport Beach X. PLEDGE OF ALLEGIANCE City Council Meeting October 26, 2021 Page 2 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 supporting Rep. Michelle Steel's legislation (Stopping Hazardous Incidents in the Pacific (SHIP) Act) seeking to ban cargo ships idling or anchoring 24 nautical miles or less off the Orange County coast [Dixon and O'Neill] • Consideration of requesting a resolution and supporting letter addressed to the California Redistricting Commission stating the desire of the City of Newport Beach to be a part of a Coastal Orange County Congressional District that includes all coastal Orange County cities that have shared community interests and face similar challenges [Muldoon] • Consideration of supporting the Water Infrastructure Act of 2022, a proposed legislative ballot initiative which calls for State general fund revenues to be annually allocated towards projects that create additional water supply for the State, helping to achieve short and long-term water resiliency [Muldoon] XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 12). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item. All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the October 12, 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. City Council Meeting October 26, 2021 Page 3 ORDINANCE FOR ADOPTION 3. Ordinance No. 2021-22: Zoning Code Amendment Related to Setback Map Corrections (PA2020-006) a) Find this amendment statutorily 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 a have a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2021-22, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2020- 001 to Amend Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Correcting Setback Map Errors (PA2020-006). 4. Resolution No. 2021-100: Summary Vacation of a Portion of an Existing Storm Drain Easement at 23 Augusta Lane and 9 Greenbriar Lane 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. 2021-100, A Resolution of the City Council of the City of Newport Beach, California, Declaring the City's Summary Vacation of a Portion of an Existing Ten (10) Foot Wide Storm Drain Easement within a Portion of Lots 17 and 23 of Tract No. 7223 at 23 Augusta Lane and 9 Greenbriar Lane; c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. 5. Resolution No. 2021-101: Certifying Funding Listed in the Federal Transportation Improvement Program (FTIP) 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. 2021-101, A Resolution of the City Council of the City of Newport Beach, California, Certifying that the City of Newport Beach has the Resources to Fund the Projects in the Federal Transportation Improvement Program for Federal Fiscal Years 2022/23 to 2027/28 and Affirming its Commitment to Implement All Projects in the Program. 6. Resolution No. 2021-102: Formation of an Ad Hoc Residential Care Facilities Committee 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. 2021-102, A Resolution of the City Council of the City of Newport Beach, California, Forming an Ad Hoc Residential Care Facilities Committee. CONTRACTS AND AGREEMENTS 7. Concrete Replacement Program (FY 2021-22) — Award of Contract No. 8722-1 (22R06) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; City Council Meeting October 26, 2021 Page 4 c) Award Contract No. 8722-1 to Grigolla & Sons Construction Co., Inc. for the total bid price of $644,390, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $63,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract. 8. Cliff Drive Clubhouse Rehabilitation —Award of Contract No. 8695-1 (20F13) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) (minor interior or exterior alterations involving such things as partitions and plumbing) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Award Contract No. 8695-1 to A2Z Construct, Inc. for the total bid price of $185,750, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $27,850 (approximately 15 percent) contingency to cover the cost of unforeseen work not included in the original contract. 9. Professional Services Agreement with Priscila Davila & Associates, Inc. for CDBG Administration 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 City Manager and City Clerk to execute a four-year Professional Services Agreement with Priscila Davila & Associates, Inc. for CDBG program administration and affordable housing monitoring. 10. Tentative Agreements with Newport Beach City Employees Association and Newport Beach Professional and Technical Employees Association 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) Receive and consider the Tentative Agreements between the City of Newport Beach and the Newport Beach City Employees Association and the City of Newport Beach and the Newport Beach Professional and Technical Employees Association. MISCELLANEOUS 11. Appointments to the Aviation Committee 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) Confirm Council Member Duffy Duffield's appointment of Elizabeth Braley as the District 3 Member to the Aviation Committee; and c) Confirm Mayor Pro Tem Kevin Muldoon's appointment of Ron Rubino as the District 4 Member to the Aviation Committee. 12. Grants and Donations Report for the Quarter Ending September 30, 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) Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED City Council Meeting October 26, 2021 Page 5 XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XVIII. PUBLIC HEARING 13. Ordinance No. 2021-23: Fifth Amendment to the Hoag Development Agreement (PA2021- 184) a) Conduct a public hearing; b) Determine that Final EIR No. 142, which was certified by the City of Newport Beach in 1992, fully addresses the potential environmental effects associated with the Hoag Hospital Master Plan development program; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021- 23, An Ordinance of the City Council of the City of Newport Beach, California, Amending a Development Agreement Between the City of Newport Beach and Hoag Memorial Hospital Presbyterian (Development Agreement Amendment No. DA2021-001), and pass to second reading on November 16, 2021. XIX. CURRENT BUSINESS 14. Calling an Election for a Proposed Charter Amendment to Provide for the Direct Election of the Mayor of the City of Newport Beach 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) Adopt Resolution No. 2021-103, A Resolution of the City Council of the City of Newport Beach, California, Calling for the Holding of a Special Municipal Election to be Held on Tuesday, June 7, 2022, and Ordering that a Proposed Amendment to the City Charter be Submitted to the Voters of the City; c) Adopt Resolution No. 2021-104, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be Held on Tuesday, June 7, 2022, with the Statewide Primary Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Submitting a Proposed Charter Amendment to the Voters; d) Adopt Resolution No. 2021-105, A Resolution of the City Council of the City of Newport Beach, California, Setting Priorities for Filing Written Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis; e) Adopt Resolution No. 2021-106, A Resolution of the City Council of the City of Newport Beach, California, Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to the Voters at the Special Municipal Election to be Held on Tuesday, June 7, 2022, Pursuant to California Elections Code Section 9285; f) Designate Council Members to draft a Direct Argument for or against the ballot measure and any Rebuttal Argument, if needed; and g) If placing the Charter Amendment on the June 7, 2022 ballot, approve Budget Amendment No. 22-020, allocating $215,000 to Account 01010101-811008 (Election); or h) Modify all resolutions, as necessary, to provide for the proposed Charter Amendment to be voted on at the General Municipal Election on November 8, 2022; or i) Direct City staff to take other actions regarding the proposed Charter Amendment. City Council Meeting October 26, 2021 Page 6 15. Fiscal Year 2020-21 Year -End Budget Results 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 and concur with staff's recommended allocation of $31,000,000 of General Fund surplus funds on hand; c) Approve the one-time waiver of policy elements C and D of City Council Policy F-5 — General Fund Surplus Utilization; d) Approve Budget Amendment No. 22-019 to appropriate the surplus funds for the purposes outlined in the report; e) Review and concur with staff's recommended allocation of $10.1 million of American Rescue Plan Act Funds; and f) Receive and file the report of budget amendments for the fourth quarter. 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 Paul Salata and David Niederhaus Testimony given before the City Council is recorded. The timer light will turn yellow when the speaker has one minute remaining. The timer light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE