HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
MARCH 9, 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.
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. 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.goy. To give the City Council adequate time to review your questions and comments, please
submit your written comments by Monday, March 8, 2021, 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.gov)
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(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
MARCH 9, 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. An Overview on Code Enforcement Program [949-270-8165]
Staff will present an overview on the City's Code Enforcement program including statistical
information, procedures, the top complaints received, and short term lodging enforcement.
SS3. Capital Improvement Program (CIP) Early Look [949-270-8165]
Staff will present the preliminary new projects and/or funding proposed for the FY 2021-22
Capital Improvement Program for City Council review and discussion.
III. PUBLIC COMMENTS [949-270-8165]
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 LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
V. RECESS
VI. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Reverend Dr. George Okusi, St. John the Divine Episcopal Church
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.
City Council Meeting
March 9, 2021
Page 2
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 waiving Newport Beach's business license tax for one year for
businesses in sectors shut down by the Governor's order [Avery and O'Neill]
XIV. 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 1-10). 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 February 23, 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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2021-5: Adoption of a Non -Conforming Sign Code Amendment Ordinance
(PA2019-184)
a) Find this project categorically exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects, which
have the potential for causing a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2021-5, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Section 20.42.140 (Non -Conforming
Signs) to Remove the Amortization of Nonconforming Signs (PA2019-184).
RESOLUTIONS FOR ADOPTION
4. Resolution Nos. 2021-18 and 2021-19: Adoption of City Council Policy K-4 (Reducing the
Barriers to the Creation of Housing) and Initiation of Amendments Related to Increasing
Housing Opportunities (PA2021-019)
a) Determine this action is exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15262
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;
City Council Meeting
March 9, 2021
Page 3
b) Adopt Resolution No. 2021-18, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Council Policy K-4 (Reducing the Barriers to the Creation of Housing)
(PA2021-019); and
c) Adopt Resolution No. 2021-19, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to the City of Newport Beach General Plan, Coastal Land
Use Plans, and Titles 20 (Planning and Zoning) and 21 (Local Coastal Program
Implementation Plan) of the City of Newport Beach Municipal Code Related to Increasing
Housing Opportunities (PA2021-019).
CONTRACTS AND AGREEMENTS
5. Slurry Seal Program — Award of Contract No. 7893-1 (Project No. 21 R04)
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 plans and specifications;
c) Award Contract No 7893-1 to American Asphalt South, Inc. for the total bid price of
$1,042,485.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $20,200.00 (approximately 2 percent of total bid) to cover the cost
of unforeseen work not included in the original contract.
MISCELLANEOUS
6. Planning Commission Agenda for the March 4, 2021 Meeting
Receive and file.
7. Budget Amendment to Accept Grant Funding from the 2021 Hoag Memorial Hospital
Presbyterian Community Benefit Program for the OASIS Transportation Program
a) Determine this action is not a project under the California Environmental Quality Act (CEQA)
pursuant to Section 15378(b)(4) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, which provides "the creation of government funding mechanisms or other
government fiscal activities which do not involve any commitment to any specific project
which may result in a potentially significant physical impact on the environment" is not
considered a project under CEQA, and pursuant to Section 15060(c)(3), actions that are not
projects are not subject to CEQA; and
b) Accept grant funding in the amount of $50,000 from Hoag Memorial Hospital Presbyterian
Community Benefit Program and approve Budget Amendment No. 21-028 to increase
revenues by the same amount in 0107033-511045 (OASIS Transportation).
8. Cultural Arts Grants Fiscal Year 2020-2021
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; and
b) Approve recommended recipients for Fiscal Year 2020-21 Cultural Arts Grants as selected
by the City Arts Commission in accordance with City Council Policy 1-10 — Financial Support
for Culture and the Arts.
9. Confirmation of Council Member Joy Brenner's Citizen Appointment to the Finance
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; and
b) Confirm Council Member Joy Brenner's reappointment of Larry Tucker to serve on the
Finance Committee until June 30, 2021.
City Council Meeting
March 9, 2021
Page 4
10. Designation of City's Representatives Under California Government Code Section
54957.6(a)
Pursuant to Government Code Section 54957.6(a), designate City Manager Grace Leung, along
with Assistant City Manager Carol Jacobs, Human Resources Director Barbara Salvini and
Charles Sakai, Esq., as the City's representatives for purposes of labor negotiations with all
organizations representing City of Newport Beach employees including, but not limited to, the
Association of Newport Beach Ocean Lifeguards, the Newport Beach City Employees
Association, the Newport Beach Firefighters Association, the Newport Beach Fire Management
Association, the Newport Beach Lifeguard Management Association, Newport Beach Employees
League, the Part Time Employees Association of Newport Beach, the Newport Beach Police
Association, the Newport Beach Police Management Association, and the Newport Beach
Professional and Technical Employees Association.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165]
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS [949-270-8165]
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
11. Ordinance No. 2021-6: Zoning Code Amendment to Allow the Operation of Wine Tasting
Rooms within the Industrial Zoning (IG) District (PA2020-042) [949-270-8165] — Continued
from the February 23, 2021 City Council Meeting
a) Conduct a public hearing;
b) Find this action proposed herein is not a project subject to the California Environmental
Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources
Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of
Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also
exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment; and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
6, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning
Code Amendment No. CA2020-005 to Amend Section 20.24.020 (Industrial Zoning Land
Uses and Permit Requirements), 20.40.040 (Off -Street Parking Spaces Required),
20.48.090 (Eating and Drinking Establishments), and 20.70.020 (Definitions of Specialized
Terms and Phrases) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
to Allow for Wine Tasting Rooms Within the Industrial Zoning District (IG) (PA2020-042), and
pass to second reading on March 23, 2021.
12. Resolution No. 2021-20: Newport Beach Junior Lifeguard Building — Approval of
Conceptual Design, Fundraising Memorandum of Understanding and Exemption
Pursuant to Section 20.10.040(A) of NBMC [949-270-8165]
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 (In -Fill Development Projects) of the California Code of Regulations, Title 14,
Division 6, Chapter 3 and CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
c) Review and approve the conceptual design and project cost estimate;
d) Review and approve the Memorandum of Understanding (MOU) between the City of Newport
Beach and the Newport Beach Junior Lifeguard Foundation related to fundraising for the
Junior Lifeguard Building;
City Council Meeting
March 9, 2021
Page 5
e) Adopt Resolution No. 2021-20, A Resolution of the City Council of the City of Newport Beach,
Exempting the Junior Lifeguard Building and Recreation Facility from Development
Standards Applicable to Projects in the PF (Public Facilities) and PR (Parks and Recreation)
Zoning District in Accordance with Section 20.10.040 (Applicability of Zoning Code) of the
Newport Beach Municipal Code for the Property Located at 901 East Ocean Front (PA2019-
124); and
f) Direct staff to proceed with preparing and submitting the Coastal Development Permit
application package; completing final Junior Lifeguard Building construction documents, and
obtaining bids for construction.
13. Ordinance Nos. 2021-7 and 2021-8: Approval of the Fee Study Update [949-270-8165]
a) Conduct a public hearing;
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;
c) Adopt Resolution No. 2021-21, A Resolution of the City Council of the City of Newport Beach,
California, Adopting and Revising Certain Fees Within the Schedule of Rents, Fines, and
Fees and Updating the Methodology for Annual Consumer Price Index Calculations;
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
7, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery, and
pass to second reading on March 23, 2021; and
e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
8, An Ordinance of the City Council of the City of Newport Beach, California, Enacting
Newport Beach Municipal Code Section 12.44. 111 to Permit the Establishment of Overstay
Charges for Parking Spaces Designated for Use of Public Electric Vehicle Charging Stations,
and pass to second reading on March 23, 2021.
14. Ordinance No. 2021-9: Amending Newport Beach Municipal Code Chapter 5.49 to Remove
Fire False Alarms and to Authorize the Police Chief to Investigate Alarm Systems for
Permitting [949-270-8165]
a) Conduct a public hearing;
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-
9, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Chapter 5.49 (Burglary -Robbery -Fire Alarm Systems) of the Newport Beach Municipal Code,
and pass to second reading on March 23, 2021.
XIX. CURRENT BUSINESS
15. Coronavirus (COVID-19) Update [949-270-8165]
An oral report will be provided.
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 Richard Luehrs
Testimony given before the City Council is recorded.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE