HomeMy WebLinkAbout0- AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
MARCH 23, 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
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@newportbeachca.goy. To give the City Council adequate time to review your questions and comments, please
submit your written comments by Monday, March 22, 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.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(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
MARCH 23, 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.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation Designating April as "Let's Be Kind" Month
SS3. Discussion on How "Matters Which Council Members Have Asked To Be Placed On A
Future Agenda" are Handled [949-270-8165]
Council Member Brenner has requested that City Council Policy A-1 be revised to allow for
discussion of items that may be brought back at a future meeting.
SS4. Presentation by the Harbor Commission on the Harbor Attendance Study [949-270-
8165]
The Harbor Commission completed a Harbor Attendance Study to evaluate the stakeholders
in the Harbor. Representatives from the Harbor Commission will report on the results of the
study.
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 REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 Matter
Property: 3300 Newport Boulevard, Newport Beach, CA 92663.
Agency Negotiators: Seimone Jurjis, Community Development Director and Lauren Whitlinger,
Real Property Administrator.
Negotiating Parties: Robert D. Olson, President of Olson Real Estate Group, Inc. the Manager
of Lido House, LLC, a California limited liability company.
Under Negotiation: Instruction to negotiator will concern price and terms of payment.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 Matter
Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and
944 Via Lido Nord (423-281-10) (approximately 845 square feet).
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Whitlinger,
Real Property Administrator.
City Council Meeting
March 23, 2021
Page 2
Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the 944 Via
Lido Nord Trust.
Under Negotiation: Instruction to City Negotiator regarding price and terms of payment.
V. RECESS
VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION
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.
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XIII. 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— 17). 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.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the March 9, 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.
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March 23, 2021
Page 3
ORDINANCES FOR ADOPTION
3. Ordinance No. 2021-6: Zoning Code Amendment to Allow the Operation of Wine Tasting
Rooms Within the Industrial Zoning (IG) District (PA2020-042)
a) 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
b) Conduct second reading and adopt 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 and Other Related Provisions
to Allow for Wine Tasting Rooms Within the Industrial Zoning District (IG) (PA2020-042)
4. Ordinance Nos. 2021-7 and 2021-8: Amending Exhibit A to Newport Beach Municipal Code
Section 3.36.030 Related to Cost Recovery and 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
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) Conduct second reading and adopt 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
c) Conduct second reading and adopt 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 at Public Electric
Vehicle Charging Stations.
5. Ordinance No. 2021-9: Amending the Newport Beach Municipal Code Chapter 5.49 to
Remove Fire False Alarms and to Authorize the Police Chief to Investigate Alarm Systems
for Permitting
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) Conduct second reading and adopt 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.
RESOLUTIONS FOR ADOPTION
6. Resolution No. 2021-22: Authorizing the Request for Delay of Measure M2 Project V
Funding for the Balboa Island/Corona del Mar Microtransit Feasibility Study Project
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. 2021-22, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing a Request for the Orange County Transportation Authority to Delay
Measure M2 Comprehensive Transportation Funding Program Project V Funds for the
Balboa Island/Corona del Mar Microtransit Feasibility Study Project to Fiscal Year 2023.
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March 23, 2021
Page 4
7. Resolution No. 2021-23: Approval and Adoption of the Standard Specifications for Public
Works Construction, 2015 Edition; and the City of Newport Beach Design Criteria &
Standard Drawings for Public Works Construction, 2021 Edition
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. 2021-23, A Resolution of the City Council of the City of Newport Beach,
California, Approving Public Works Publication of Standard Specifications for Public Works
Construction, 2015 Edition; and the City of Newport Beach Design Criteria & Standard
Drawings for Public Works Construction, 2021 Edition.
8. Resolution No. 2021-24: Reestablishing the Ad Hoc Committee on Short Term Lodging
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. 2021-24, A Resolution of the City Council of the City of Newport Beach,
California, Reestablishing the Ad Hoc Committee on Short Term Lodging.
CONTRACTS AND AGREEMENTS
9. On -Call Striping and Sign Maintenance and Installation Services — Award of Contract
No. 7971-1
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) Award On -Call Contract No. C-7971-1 with Orange County Striping Service, Inc. for a term
of five years with a total not -to -exceed (NTE) amount of $1,500,000, and authorize the Mayor
and City Clerk to execute the contract.
10. Time Extension Request for the Orange County Transportation Authority's Newport Bay
Trash Interceptor Grant
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 24 -month time extension for the completion of the Newport Bay Trash Interceptor
project and ratify/approve the correspondence dated February 25, 2021 from the Public
Works Director to the OCTA requesting said 24 -month extension.
11. Approval and Award of Maintenance and Repair Services Agreement with Envise Inc. for
Civic Center Chiller Maintenance and Repair Services
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 Maintenance and Repair Services Agreement with Envise Inc., for Civic
Center Chiller Maintenance and Repair Services for a total not -to -exceed amount of
$150,000, and authorize the Mayor and City Clerk to execute the agreement.
12. Amendment No. Three to Professional Services Agreement with Parkmobile, LLC for
Pay -By -Cell and Parking Reservation Services
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;
City Council Meeting
March 23, 2021
Page 5
b) Approve Amendment No. Three to extend the Agreement termination date to April 4, 2022,
and update the insurance requirements; and
c) Authorize the City Manager and City Clerk to execute Amendment No. Three to the
Agreement.
MISCELLANEOUS
13. Planning Commission Agenda for the March 18, 2021 Meeting
Receive and file.
14. Confirmation of Appointment to the Housing Element Update Advisory Committee to
Fill an Unscheduled Vacancy
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) Confirm Michelle Thrakulchavee as Mayor Brad Avery's appointment to the Housing Element
Update Advisory Committee.
15. Acceptance of the Painting Grandmother's Spirit by Thekla Hathaway Hammond into the
City Art Inventory
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) Per Council Policy 1-11, the City Arts Commission recommends that City Council accept the
painting, Grandmother's Spirit by Thekla Hathaway Hammond, into the City's art inventory.
16. 2020 Annual General Plan Progress Report and Housing Element Progress Report
(PA2007-195)
a) Find the preparation, review and submission of the 2020 General Plan Progress Report not
subject to the California Environmental Quality Act (CEQA) as the actions are not a project
as defined by Section 15378(b)(2) of the Public Resources Code;
b) Review and comment on the 2020 General Plan Progress Report, including the Housing
Element Annual Progress Report; and
c) Authorize the submittal of the 2020 General Plan Progress Report to the California Office of
Planning and Research and the submittal of the Housing Element Annual Progress Report
to the State Department of Housing and Community Development.
17. Financial Statement Audit Results for FY 2019-20 and Related Communication
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
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165]
XVI. 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.
City Council Meeting
March 23, 2021
Page 6
XVII. PUBLIC HEARING
18. Conduct a Proposition 218 Public Hearing and Consider a Residential Recycling Fee Rate
Increase [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;
b) Conduct a public hearing to accept comments on the proposed residential recycling fee rate
and at the conclusion of the hearing close the 45 -day notice period;
c) Direct the City Clerk to tabulate the results of the protests received from property owners and
customers and announce the findings; and
d) Then,
1) If a majority of protest votes are received against adoption of the new Recycle Service
Fee rates, close the public hearing and do not adopt the new rates. If desired provide
staff with any additional direction; or
2) If a majority of protest votes are not received against adoption of the new Recycle
Service Fee rates, close the public hearing and adopt Resolution No. 2021-25, A
Resolution of the City Council of the City of Newport Beach, California, Adopting an
Adjusted Recycling Service Fee.
XVIII. CURRENT BUSINESS
19. Resolution No. 2021-26: One Year Waiver of Business License Tax Renewal for
Businesses Required to Close by Order of the State of California [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;
b) Authorize a one-year waiver of the business license tax renewal for businesses required to
close by the State of California to be effective for renewals processed between April 1, 2021
and March 31, 2022;
c) Direct staff to pay the required $4.00 per license fee to the Division of the State Architect for
businesses for which the business license tax has been waived; and
d) Adopt Resolution No. 2021-26, A Resolution of the City Council of the City of Newport Beach,
California, Providing a One -Year Waiver of the Business License Tax Renewal for
Businesses Required to Close by Order of the State of California.
20. Coronavirus (COVID-19) Update [949-270-8165]
An oral report will be provided.
XIX. 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.
XX. ADJOURNMENT — In memory of Mexican Consul Mario Cuevas Zamora and Dave Stone
Testimony given before the City Council is recorded.
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