HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
SEPTEMBER 28, 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 TELEPHONE CONFERENCE BROWN ACT REQUIREMENTS
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 modified Brown Act
requirements for Council Members to attend City Council meetings telephonically. Please be advised that, 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(o-)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
SEPTEMBER 28, 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. Newport Beach Arts Foundation Check Presentation
SS3. Discussion and Review of Library Lecture Hall Project
Public Works, the Library Lecture Hall Design Committee, and Library Foundation members
will present the current Library Lecture Hall Concept Plans, as well as the updated
preliminary project schedule and overall cost estimate for review and discussion. General
thoughts on the Concept Design and further input on the draft terms of a Memorandum of
Understanding between the City and the Library Foundation will be requested prior to
bringing this item back before the City Council for formal review and approval.
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 LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 2 matters
Delux Public Charter, LLC D/B/A/ JSX Air and JetSuiteX, Inc. v. County of Orange, et al.
United States District Court, Central District Case No. 8:20-CV-2344-JLS (KES)
(The City Council will be meeting with legal counsel regarding the lawsuit filed by Delux Public
Charter, LLC D/B/A/ JSX Air and JetSuiteX, Inc. against the County of Orange, which relates
JSX's operations and John Wayne Airport, and one other matter.)
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
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), Newport
Beach Police Association (NBPA), Newport Beach Professional and Technical Employees
Association (NBPTEA), Newport Beach City Employees Association (NBCEA), Newport Beach
Firefighters Association (NBFA), and Newport Beach Employees League (NBEL).
V. RECESS
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September 28, 2021
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VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Reverend Keith Horwitz, Soul Center OC
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
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 15). 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
Minutes for the September 7, 2021 City Council Special Meeting and September 14, 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. 2021-16: Amending the LCP Implementation Plan Related to Residential
Design Standards Addressing Third Story Massing (PA2019-070)
a) Find this amendment 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
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September 28, 2021
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b) Conduct second reading and adopt Ordinance No. 2021-16, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code and Adopting Local Coastal
Program Amendment No. LC2019-006 Related to Residential Design Standards (PA2019-
070).
4. Ordinance No. 2021-17: Amending the LCP Implementation Plan Related to Setback
Maps S -3A and S-313 on Lido Isle (PA2016-066)
a) Find this amendment exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15305 of the CEQA Guidelines, Class 5 (Minor Alterations in Land Use Limitations)
because it has no potential to have a significant impact on the environment; and
b) Conduct second reading and adopt Ordinance No. 2021-17, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code and Adopting Local Coastal
Program Amendment No. LC2017-004 Related to Certain Front Yard and Side Yard
Setbacks on Lido Isle (PA2016-066).
5. Ordinance No. 2021-18: Amending the LCP Implementation Plan Related to the
Amortization of Nonconforming Signs (PA2019-184)
a) Find this amendment exempt pursuant to California Environmental Quality Act ("CEQA")
Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has no potential to have
a significant effect on the environment and local governments are exempt from the
requirements of CEQA in connection with the adoption of a Local Coastal Program; and
b) Conduct second reading and adopt Ordinance No. 2021-18, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Title 21 (Local Coastal Program
Implementation Plan) of the City of Newport Beach Municipal Code Related to the
Amortization of Nonconforming Signs (PA2019-184).
RESOLUTIONS FOR ADOPTION
6. Resolution No. 2021-86: Creating the City Council Ad Hoc Redistricting 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) Adopt Resolution No. 2021-86, A Resolution of the City Council of the City Newport Beach,
California, Creating the Ad Hoc Redistricting Committee to Study the Adjustment of Voting
District Boundaries as a Result of the United States Census Bureau's 2020 Census; and
c) Confirm the appointments of Mayor Avery, Council Member Will O'Neill, and Council Member
Diane Dixon to serve on the City Council Ad Hoc Redistricting Committee.
7. Resolution No. 2021-87: Creating the City Council Ad Hoc General Plan Update Committee
(PA2017-141)
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. 2021-87, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Ad Hoc General Plan Update Committee; and
c) Confirm Mayor Brad Avery's appointments of Council Member Joy Brenner, Council Member
Will O'Neill, and himself to the Ad Hoc General Plan Update Committee.
8. Resolution No. 2021-88: Accepting a Grant from the State of California, Division of Boating
and Waterways for the Surrendered and Abandoned Vessel Exchange (SAVE) Program
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;
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September 28, 2021
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b) Adopt Resolution No. 2021-88, A Resolution of the City Council of the City of Newport Beach,
California, Accepting a Grant from the State of California, Department of Parks and
Recreation, Division of Boating and Waterways for the Surrendered and Abandoned Vessel
Exchange Program (SAVE); and
c) Approve Budget Amendment No. 22-014 recognizing $175,000 in grant revenue from the
California Division of Boating and Waterways (13501-431385-22H13) and appropriating
$175,000 to Account No. 13501-980000-221-113 and $17,500 to Account No. 10001-980000-
221-113 (Abandoned Watercraft Abatement CIP Expenditure).
9. Resolution No. 2021-89: Investment Policy Update
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. 2021-89, A Resolution of the City Council of the City of Newport Beach,
California, Finding Consistency with Stated Investment Objectives and Amending City
Council Policy F-1 (Statement of Investment Policy) to Add Clarifying Language that is
Consistent with Government Code Section 53600, et seq.
CONTRACTS AND AGREEMENTS
10. Via Lido Soud and Nord Water Main Replacement — Notice of Completion for Contract
No. 7645-2 (20W12)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
11. Ocean Boulevard Sidewalk Improvements Between Carnation Avenue and Fernleaf
Avenue — Award of Contract No. 7623-1 (18R25)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (repair and maintenance of existing highways and streets, sidewalks, and
gutters involving no expansion of use) of the CEQA Guidelines, because this project has no
potential to have a significant effect on the environment;
b) Approve project drawings and specifications;
c) Award Contract No. 7623-1 to Vido Samarzich, Inc. for the total bid price of $449,470, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish $45,000 (approximately 10 percent) contingency to cover the cost of unforeseen
work not included in the original contract.
12. Contract with Arts Orange County to Manage Phase VII of the Sculpture Exhibition in Civic
Center Park
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 contract with Arts Orange County for project management of Phase VII of the
Sculpture Exhibition in Civic Center Park for a total amount not to exceed $119,000, and
authorize the Mayor and City Clerk to sign the agreement.
13. Mutual Aid Agreement with the County of Orange for the COVID-19 Vaccination Effort
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 the Mutual Aid Agreement with the County of Orange for the COVID-19 Vaccination
Effort.
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September 28, 2021
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14. Amendment No. 4 to the Crossing Guard Services Agreement with All -City Management
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;
b) Approve Amendment No. Four to the Crossing Guard Services Agreement with All -City
Management Services, Inc. of Santa Fe Springs, California adding two crossing guards for
Ensign Intermediate School, and authorize the Mayor and City Clerk to execute the
Amendment; and
c) Approve Budget Amendment No. 22-013 appropriating $25,380 in increased expenditures in
Account No. 01035354-811008 from the unappropriated General Fund balance.
MISCELLANEOUS
15. Budget Amendment to Accept a Check from the Newport Beach Arts Foundation and
Appropriate Funds to the Cultural Arts' Fiscal Year 2021-22 Maintenance and Operation
Budget
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) Accept a check in the amount of $20,000 from the Newport Beach Arts Foundation and
approve Budget Amendment No. 22-012 to increase expenditures by the same amount in
Division 01060603 (Cultural Arts).
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVI. 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.
XVII. PUBLIC HEARINGS
16. Ordinance Nos. 2021-19 and 2021-20: A General Plan Amendment for the Residences at
Newport Center Located at 150 Newport Center Drive (PA2020-020)
a) Conduct a public hearing;
b) Adopt Resolution No. 2021-90, A Resolution of the City Council of the City of Newport Beach,
California, Certifying Environmental Impact Report No. ER2021-002 (SCH No. 2020110087),
Adopting the Mitigation Monitoring and Reporting Program, and Adopting California
Environmental Quality Act Findings of Fact for the Residences at Newport Center Located
at 150 Newport Center Drive (PA2020-020);
c) Adopt Resolution No. 2021-91, A Resolution of the City Council of the City of Newport Beach,
California, Adopting General Plan Amendment No. GP2020-001 for the Residences at
Newport Center Located at 150 Newport Center Drive (PA2020-020);
d) Adopt Resolution No. 2021-92, A Resolution of the City Council of the City of Newport Beach,
California, Approving Major Site Development Review No. SD2020-001 for the Residences
at Newport Center and Rescinding Use Permit No. UP1461 for a Car Wash Located at
150 Newport Center Drive (PA2020-020);
e) Adopt Resolution No. 2021-93, A Resolution of the City Council of the City of Newport Beach,
California, Approving Tentative Tract Map No. NT2020-001 for the Residences at Newport
Center Located at 150 Newport Center Drive (PA2020-020);
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f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
19, An Ordinance of the City Council of the City of Newport Beach, California, Approving
Development Agreement No. DA2020-001 for the Residences at Newport Center Located at
150 Newport Center Drive (PA2020-020), and pass to second reading on October 12, 2021;
and
g) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
20, An Ordinance of the City Council of the City of Newport Beach, California, Approving
Zoning Code Amendment No. CA2020-008 and Planned Community Development Plan
No. PC2020-001 Establishing the Residences at Newport Center Located at 150 Newport
Center Drive (PA2020-020), and pass to second reading on October 12, 2021.
17. Ordinance No. 2021-21: Zoning Code Amendment and General Plan Amendment to
Change the Land Use Designation and Zoning District from Multiple Unit Residential to
Private Institutions at 1499 Monrovia Avenue (PA2021-068)
a) Conduct a public hearing;
b) Find this project not subject to the California Environmental Quality Act (CEQA) pursuant to
Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change
to the environment, directly or indirectly;
c) Adopt Resolution No. 2021-94, A Resolution of the City Council of the City of Newport Beach,
California, Approving General Plan Amendment No. GP2021-002 to Change the Land Use
Designation from RM 18 DU/AC (Multiple Residential) to PI 0.49 FAR (Private Institutions)
for the Property Located at 1499 Monrovia Avenue (PA2021-068); and
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
21, An Ordinance of the City Council of the City of Newport Beach, California, Approving
Zoning Code Amendment No. CA2021-003 to Change the Zoning Code Designation from
RM 2420/3100 (Multiple Residential) to PI 0.49 FAR (Private Institutions) for the Property
Located at 1499 Monrovia Avenue (PA2021-068), and pass on to second reading on
October 12, 2021.
XVIII. CURRENT BUSINESS
18. Approval of a Mobile Crisis Response Team to Assist Residents and Homeless Individuals
Experiencing Mental Health Crises Related to COVID-19 and a Community Development
Block Grant and Professional Services Agreement
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) Approve Budget Amendment No. 22-015 in the amount of $717,079 in COVID-19 Community
Development Block Grant Funds and $376,101 from the General Fund to provide funding for
a pilot program; and
c) Authorize the City Manager and City Clerk to execute a three-year Community Development
Block Grant Public Services and Professional Services Agreement with Mind OC for the
Be Well OC Mobile Crisis Response Team Program, in the amount of $1,093,180.00 for a
term of one year with the option for two additional one-year extensions, in a form substantially
similar to the agreement prepared by the City Attorney.
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
Testimony given before the City Council is recorded.
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