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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA DECEMBER 8, 2020 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING — 4:00 P.M. REORGANIZATION — SPECIAL ORDER OF BUSINESS AT 4:30 P.M. WILL O'NEILL, Mayor BRAD AVERY, Mayor Pro Tem JOY BRENNER, Council Member DIANE B. DIXON, Council Member DUFFY DUFFIELD, Council Member JEFF HERDMAN, Council Member KEVIN MULDOON, Council Member GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. BROWN, City Clerk CAROL JACOBS, Assistant City Manager/Interim Finance Director 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 COIVD-19, some, or all, of the Newport Beach City Council Members may attend this meeting telephonically. Also, please be advised that on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which allows for the public to participate in any meeting of the City Council telephonically or by other electronic means. Given the health risks associated with COVID-19, the City of Newport Beach has decided to not have City Council Chambers open to the public for this meeting. As a member of the public, if you would like to participate in this meeting, you can participate via the following options: 1. You can submit your questions and comments in writing for City Council consideration by sending them to the City Clerk at cityclerk(cDnewportbeachca.gov. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, December 7, 2020, at 5:00 p.m. 2. In addition, members of the public can participate in this meeting telephonically. Specifically, the meeting will be viewable on NBTV and live streamed on the City's website. If you are watching the meeting on NBTV or via the live stream, during the meeting, phone numbers for the public to call and to comment on specific agenda items will be posted on the screen. When you call, you will be placed on hold until it is your turn to speak. Please note that only twenty (20) people can remain on hold at a time. If you call in to speak on an item and the line is busy, please call back after a few moments. The City will ensure that it allows enough time per item for everyone to call in to comment. Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the process set forth above, please contact the City Clerk at (949-644-3005 or cityclerk(cDnewportbeachca.goy) and she will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City's website. The City of Newport Beach thanks you in advance for continuing to take precautions to prevent the spread of the COVID-19 virus. NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting. PUBLIC HEARINGS If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NOTICE TO THE PUBLIC Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 DECEMBER 8, 2020 REGULAR MEETING - 4:00 P.M. REORGANIZATION - SPECIAL ORDER OF BUSINESS AT 4:30 P.M. CONVENE AT 4:00 P.M. FOR REGULAR MEETING II. ROLL CALL III. INVOCATION IV. PLEDGE OF ALLEGIANCE V. PRESENTATION • Proclamation to Celeste Jardine -Haug for her service to the community VI. 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. VII. PUBLIC COMMENTS [949-270-8165] Public comments are invited on agenda and 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. VIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES IX. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of converting the Water Quality/Coastal Tidelands Committee to the Environmental Quality Affairs Committee (EQAC) [Herdman] • Consideration of staff assisting with this year's Newport Beach Boat Parade [Muldoon] X. PUBLIC COMMENTS ON CONSENT CALENDAR [949-270-8165] This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 — 8). 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. City Council Meeting December 8, 2020 Page 2 XI. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the November 24, 2020 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. ORDINANCE FOR ADOPTION 3. Ordinance No. 2020-28: Residential Design Standards Amendment to Title 20 of the Newport Beach Municipal Code (PA2019-070) a) Find this project 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. 2020-28, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2019- 004 to Amend Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Residential Design Standards (PA2019-070). CONTRACTS AND AGREEMENTS 4. Award of Employee Health Screening 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; b) Approval of a Professional Services Agreement with Hoag Clinic DBA Hoag Executive Health for a not -to -exceed amount of $85,000; c) Approval of a Professional Services Agreement with Marque Medical Clinic, Inc. for a not -to - exceed amount of $160,000; d) Approval of a Professional Services Agreement with Newport Center Medical Group for a not -to -exceed amount of $400,000; and e) Approval of a Professional Services Agreement with Sand Canyon Medical Group for a not - to -exceed amount of $60,000. 5. On -Call Professional Services Agreement for Veterinary Care Services a) Determine 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) Approve an On -Call Professional Services Agreement for veterinary care services with Everest's Piaffe, Inc. (DBA Mariner's Mile Pet Clinic) of Newport Beach, California, at a not - to -exceed cost of $425,000, and authorize the Mayor and City Clerk to execute the agreement. 6. Three -Year Software License Agreement for Microsoft Products 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) Approve a Software License Agreement with SoftwareONE of Waukesha, Wisconsin for a three-year term for Microsoft software products in the total amount of $197,538.45, and authorize the Mayor and City Clerk to execute the Agreement. City Council Meeting December 8, 2020 Page 3 MISCELLANEOUS 7. Planning Commission Agenda for the December 3, 2020 Meeting Receive and file. 8. Request for Continuance for 944 Via Lido Nord Dock Reconfiguration Proposal — Call For Review of Harbor Commission's Decision to Approve Continue the item to the January 12, 2021 City Council meeting. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XII. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165] XIII. REORGANIZATION — SPECIAL ORDER OF BUSINESS AT 4:30 P.M. PRESENTATION • Presentation of Gavel Plaque to Mayor Will O'Neill and Remarks by Mayor O'Neill CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS 9. Resolution No. 2020-104: Certification of General Municipal Election Results [949-270- 8165] 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. 2020-104, A Resolution of the City Council of the City of Newport Beach, California, Reciting the Fact of the General Municipal Election Held on Tuesday, November 3, 2020, and Declaring the Result and Such Other Matters as Provided by Law. REORGANIZATION [949-270-8165 — Public comments for Items 10-14 will be taken prior to consideration of the specific items] 10. Administration of Oath of Office a) The City Clerk calls elected Council Members Brad Avery, Noah Blom, and Will O'Neill forward, the Oath of Office prescribed in the State Constitution is administered to the elected officials, and the City Clerk delivers to each elected Council Member a Certificate of Election; and b) The elected Council Members are seated at the Council dais. 11. Election of Mayor The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor and conduct election by roll call vote; b) The new Mayor is announced by the City Clerk; and c) The Mayor takes his/her proper place at Council dais. 12. Election of Mayor Pro Tem The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. a) Conduct verbal nominations for Mayor Pro Tem and conduct election by roll call vote; b) The new Mayor Pro Tem is announced by the City Clerk; and c) The Mayor Pro Tem takes his/her proper place at Council dais. City Council Meeting December 8, 2020 Page 4 13. Seating Arrangements for City Council Council decides on seating arrangement of Council dais (per City Council Policy A-1, members of the City Council shall be seated at the City Council table with senior Council Members having first choice of seats. The Mayor, however, shall be seated in the center of the City Council table and the Mayor Pro Tem shall be seated to the right of the Mayor. In the event of equal seniority among members of the City Council, selection of City Council seats shall be made by the Council Member who received the highest margin of victory percentage in the most recent election). 14. Remarks a) Elected Council Members' remarks; and b) New Mayor's remarks. XIV. CONSENT CALENDAR RESOLUTION FOR ADOPTION 15. Resolution No. 2020-105: Setting City Council Regular Meeting Dates for Calendar Year 2021 [949-270-8165] 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. 2020-105, A Resolution of the City Council of the City of Newport Beach, California, Setting the Time and Dates of City Council Regular Meetings for Calendar Year 2021. MISCELLANEOUS 16. Designation of City's Representatives Under California Government Code Section 54957.6(A): [949-270-8165] Pursuant to California Government Code Section 54957.6(a), designate the Mayor and Mayor Pro Tem as the City's designated representative for purposes of labor negotiations with all unrepresented employees within the Key and Management Group including, but not limited to, the City Manager, City Attorney and City Clerk. 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. XVI. ADJOURNMENT Testimony given before the City Council is recorded. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.