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Home My WebLink About0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA JUNE 22, 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. 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 JUNE 22, 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. Proclamation Acknowledging Bernie Svalstad's Volunteerism and Service SS3. Presentation from the American Legion SS4. Review of the Draft Housing Element Based on input from the June 8, 2021 Study Session, staff will provide a progress report and seek further input on affordable and market rate housing allocations and a discussion on inclusionary housing requirements in the draft Housing Element. 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) 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) and Newport Beach Police Association (NBPA). 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, Costa Mesa X. PLEDGE OF ALLEGIANCE City Council Meeting June 22, 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 creating a voluntary partnership with businesses, residents and visitors to work together to improve the cleanliness of public areas in Newport Beach [Dixon] • Discussion on how to assist the homeless population who do not want assistance [Brenner] 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— 13). 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 June 8, 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. ORDINANCES FOR ADOPTION 3. Ordinance No. 2021-13: Amending Exhibit A of Section 3.36.030 of the Newport Beach Municipal Code Relating to Cost Recovery to Update Library Photocopying Fees 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. 2021-13, 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. City Council Meeting June 22, 2021 Page 3 4. Ordinance No. 2021-14: Disestablishing the Corona del Mar Business Improvement District 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. 2021-14, An Ordinance of the City Council of the City of Newport Beach, California, Repealing Ordinance No. 97-24, Ordinance No. 98-15, and Ordinance No. 99-18, and Disestablishing the Corona del Mar Business Improvement District; and c) Approve and accept staff's recommendation on how to dispose of the CdM BID's assets donate. RESOLUTIONS FOR ADOPTION 5. Resolution No. 2021-60: Authorizing the Temporary Closure of Selected Streets for the Fourth of July Holiday Period 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 this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2021-60, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Temporary Closure of Back Bay Drive, the 100 Block of Orange Street from Traffic off of Pacific Coast Highway, Via Oporto from Via Lido to 32nd Street, San Joaquin Hills Road Between Back Bay Drive and the Entrance to the Park Newport Apartment Complex, and Via Malaga Between Via Oporto and Via Lido. 6. Resolution No. 2021-61: Approving a Temporary Employment Agreement with Former Employee Anne Donnelly 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. 2021-61, A Resolution of the City Council of the City of Newport Beach, California, Approving a Temporary Employment Agreement with Anne Donnelly; and c) Approve a Temporary Employment Agreement with former employee Anne Donnelly, who retired on December 19, 2020, to fill the position of Police Dispatcher — P/T until all vacancies have been filled and authorize the Mayor to execute the agreement. CONTRACTS AND AGREEMENTS 7. Approval of Professional Services Agreement with IBI Group, Inc. for Oceanfront Boardwalk Improvement Project (22T12) Concept Development 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 Professional Services Agreement with IBI Group, Inc. of Irvine, CA for the Oceanfront Boardwalk Improvement Project — Concept Development at a not -to -exceed price of $283,015.00, and authorize the Mayor and City Clerk to execute the Agreement. 8. Approval and Award of Maintenance and Repair Services Agreement with Verdugo Testing Inc., for Maintenance, Repair and Testing of Underground Fuel Storage Tanks 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 five-year Maintenance and Repair Services Agreement with Verdugo Testing for Underground Fuel Storage Tank Maintenance, Repair, and Testing Services with a total not -to -exceed amount of $200,000, and authorize the Mayor and City Clerk to execute the agreement. City Council Meeting June 22, 2021 Page 4 9. Janitorial Services Agreement with Quality Commercial Cleaning, Inc., DBA Spectrum Facility Maintenance for Janitorial Services at Piers and Docks 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 Janitorial Services Agreement with Quality Commercial Cleaning, Inc., DBA Spectrum Facility Maintenance for Janitorial Services at Piers and Docks at a not -to -exceed cost of $130,000. 10. Amendment No. One to Grant Agreement with BVMA, Inc. for COVID-19 Economic Relief Funding Support 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 Amendment No. One to the Grant Agreement with BVMA, Inc. for COVID-19 Economic Relief Funding Support to extend the term to December 31, 2021 and amend the scope of work. 11. Installation of Disabled Transfer Lift at Marina Park a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) Direct staff to purchase and install a disabled transfer lift on the Sailing Center dock system at Marina Park. 12. Community Programs and Special Event Grants Recommendations for Fiscal Year 2021-22 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) Pursuant to City Council Policy A-12, find that the organizations listed below provide community services or programs that serve residents and are beneficial to residents' quality of life and authorize the allocation of $55,550 of the Community Programs Grants in the following manner: Community Program Grants Applicant Recommendation Advocate for Grandparent Grandchild Connection $ 1,500 Balboa Island Museum and Historical Society $ 7,000 Newport Bay Conservancy $ 4,000 Newport Beach Historical Society $ 3,000 Newport -Mesa Family YMCA of Orange County $ 3,000 Orange Coast River Park $ 2,000 Orange County Coastkeeper $ 4,800 Our Lady Queen of Angels — Helping Hands $ 12,500 Pacific Marine Mammal Center $ 4,000 Second Chance Orange County $ 3,000 Someone Cares Soup Kitchen $ 7,250 Youth Employment Services $ 3.500 Total $ 55,550 c) Approve a fee waiver for the cost of renting the Community Room for the recurring community programs provided by the San Diego Blood Bank ($4,752) and Speak Up Newport ($4,320) (total value $9,072); d) Waive Council Policy A-12 regarding $75,000 to be expended each fiscal year for the Community Programs Grants, in favor of a reduction to $60,000 matching the adopted FY 2021-22 budget; and City Council Meeting June 22, 2021 Page 5 e) Pursuant to City Council Policy A-12, find that the special events listed below are meritorious community, social or athletic events that are beneficial to residents' quality of life, and authorize the allocation of $286,550 of the Special Event Grants in the following manner: Community & Charitable Events Recommendation 4th of July Parade and Picnic $ 500 Annual Corona del Mar Christmas Walk $ 5,000 Annual Corona del Mar Scenic 5K $ 12,750 Annual Newport Classic Surf Contest $ 1,500 Balboa Island Carnival & Taste of Balboa $ 2,700 Balboa Island Parade $ 9,300 Balboa Island Tree Lighting and Snow Day $ 1,100 Car Show $ 500 Corona del Mar Sand Castle Contest $ 650 Field of Honor $ 2,800 Lobsterfest at Newport Beach $ 2,000 Newport Beach Garden Tour and Party $ 500 The California Gold $ 500 Walk for Patrick Turner $ 750 Total $ 40,550 Signature Events Recommendation Hoag Classic $ 15,500 Newport Beach Christmas Boat Parade $ 50,000 Newport Beach Film Festival $150,000 Newport -Mesa Spirit Run $ 21,000 Newport to Ensenada Yacht Race $ 10,000 Total $ 246,000 f) Approve the carryover of appropriated and unspent funds from FY 2020-21 to FY 2021-22 in the amount of $12,750 for the Corona del Mar Scenic 5k on October 2, 2021. These FY 21 funds were already approved and authorized by City Council at the June 23, 2020 meeting. However, the event was postponed to October of this year due to COVID. These funds would be administratively rolled -forward to FY 2021-22 and provided to the event organizer in the form of fee waivers in the Community & Charitable Events designation. MISCELLANEOUS 13. Confirm Annual Appointments 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 the following appointments to the Finance Committee: (1) Council Member Will O'Neill, who will serve as Chair, (2) Mayor Brad Avery, (3) Council Member Noah Blom, (4) John Reed based upon Mayor Pro Tem Kevin Muldoon's recommendation, (5) Nancy Scarbrough based upon Council Member Joy Brenner's recommendation, (6) Joe Stapleton based upon Council Member Diane Dixon's recommendation, and (7) William Collopy based upon Council Member Duffy Duffield's recommendation. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR City Council Meeting June 22, 2021 Page 6 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. CURRENT BUSINESS 14. Annual Appointments to Boards and Commissions 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) Make appointments to the Boards and Commissions from the nominees listed below. All new terms will be effective on July 1, 2021, with an expiration date of June 30, 2025: Board of Library Trustees [1 vacancy] Doug Coulter (incumbent) Ash Kumra Building and Fire Board of Appeals [2 vacancies] Charles Allen Kenneth Bondy City Arts Commission [3 vacancies] Gregory Cox Maureen Flanagan (incumbent) Barbara George Meghan McNulty Sara Salam Laurel Tippett Civil Service Board (Council nominee) [1 vacancy] Paul Meyer Edgar Oglesby Harbor Commission [2 vacancies] Scott Cunningham (incumbent) Kevin Kramer Steve Scully (incumbent) Jordan Wachter Parks, Beaches & Recreation Commission [2 vacancies] Randall Black Heather Ignatin (incumbent) Keira Kirby Cynthia Sender Sheela Voleti Planning Commission [2 vacancies] Lauren Kleiman (incumbent) Jonathan Langford Lee Lowrey (incumbent) Patrick McCann Debbie Stevens 15. Resolution No. 2021-62: Proclaiming the Termination of the Local Emergency Declared on March 15, 2020 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. 2021-62, A Resolution of the City Council of the City of Newport Beach, California, Proclaiming the Termination of the Local Emergency Declared on March 15, 2020. City Council Meeting June 22, 2021 Page 7 16. Coronavirus (COVID-19) Update 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 Deane Bottorf Testimony given before the City Council is recorded. 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