HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA — AMENDED MATTERS FOR FUTURE AGENDA
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
OCTOBER 12, 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 — 7:00 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
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
OCTOBER 12, 2021
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Discussion on the Current Condition and Potential Rehabilitation of McFadden Plaza,
Newport Pier and Ocean Front Parking Lot Areas
Council Members Dixon and Blom requested further discussion with the City Council, staff
and the public regarding the current condition of the McFadden Plaza, Newport Pier and
Ocean Front Parking Lot areas, and if the City and community should explore rehabilitation
or reconstruction of these public facilities and spaces.
SS3. Discussion on Potential Exclusive Commercial Solid Waste Collection and Recycling
Franchise Areas within the City
Council Member Brenner requested discussion with the City Council, staff and the public on
whether the City should explore establishing one or more exclusive commercial solid waste
collections and recycling franchise areas. Possible commercial business areas that could be
considered include Corona del Mar Business District, Balboa Island and/or Balboa Village
Business District.
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): 1 matter
Agency Designated Representatives: Grace K. Leung, 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 Firefighters Association (NBFA), and Newport
Beach Employees League (NBEL).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
C. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 3 matters
Agency Designated Representative(s): Brad Avery, Mayor; and Kevin Muldoon, Mayor Pro Tem
Unrepresented Employees: Grace K. Leung, City Manager; Aaron C. Harp, City Attorney; and
Leilani I. Brown, City Clerk
City Council Meeting
October 12, 2021
Page 2
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Reverend James Pike, Lutheran Church of the Resurrection, Huntington Beach
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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consider taking all action necessary to call the June 7, 2022 Statewide Direct Primary
Election or the November 8, 2022 General Municipal Election for the purpose of submitting
proposed amendments to the Newport Beach City Charter to provide for the direct
election of the Mayor, consistent with the initiative documents submitted to the City Clerk
on Friday, October 3, 2021 [Blom]
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— 14). 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 andlor removed from the Consent Calendar for separate action.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 12, 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.
City Council Meeting
October 12, 2021
Page 3
ORDINANCES FOR ADOPTION
3. Ordinance Nos. 2021-19 and 2021-20: Zone Change and Development Agreement for a
Residential Project at 150 Newport Center Drive (PA2020-020)
a) Find that the Residences at Newport Center project Environmental Impact Report (EIR)
No. ER2021-002 (SCH No. 2020110087) certified by the City Council on October 12, 2021,
by Resolution No. 2021-90 was prepared for the project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy
K-3;
b) Conduct second reading and adopt 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
c) Conduct second reading and adopt 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).
4. Ordinance No. 2021-21: Zone Change from Multiple Unit Residential to Private Institutions
at 1499 Monrovia Avenue (PA2021-068)
a) Find this action proposed herein is 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; and
b) Conduct second reading and adopt 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).
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2021-95: Request for Petition Certification and Funding for Expanding
Underground Assessment District No. 120-2 (Santa Ana Avenue and Cliff Drive Area)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(d) (conversion of overhead electric utility distribution system facilities to
underground including connection to existing overhead electric utility distribution lines where
the surface is restored to the condition existing prior to the undergrounding);
b) Adopt Resolution No. 2021-95, A Resolution of the City Council of the City of Newport Beach,
California, Accepting the Petition for the Formation of Underground Utility Assessment
District No. 120-2; and
c) Approve Budget Amendment No. 22-017 authorizing an advance from the General Fund in
the amount of $37,500 and appropriating said amount to Account No. 66902-941006
(AD -120 Assessment Engineering). Funds remaining in any fiscal year will be carried forward
to future annual budgets per Council Policy F-3.
6. Resolution No. 2021-96: Authorizing the Public Works Director, City Engineer or
Designees to Execute Right -of -Way Certifications
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. 2021-96, A Resolution of the City Council of the City Newport Beach,
California, Authorizing the Public Works Director, City Engineer, and Their Designees to
Execute Right -of -Way Certifications.
City Council Meeting
October 12, 2021
Page 4
CONTRACTS AND AGREEMENTS
7. Underground Utility Assessment District No. 116, 116B and Underground Utilities District
No. 22 Phase I — Notice of Completion for Contract No. 7572-1 (19A11)
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.
8. Police Station Locker Room Remodel — Notice of Completion for Contract No. 7872-1
(21F12)
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.
9. Civic Center Park Pathway Replacement — Notice of Completion for Contract No. 7879-1
(21P12)
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.
10. Approval of Professional Services Agreement with Coastal Frontiers for Oceanfront Sand
Monitoring Program (221-104)
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 Coastal Frontiers for Annual Oceanfront
Sand Monitoring at a total not -to -exceed price of $147,589, and authorize the Mayor and City
Clerk to execute the Agreement.
11. Approval of Amendment No. 3 to Maintenance and Repair Services Agreement with
GCI Construction Inc. for On -Call Beach Maintenance 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. 3 to the Maintenance and Repair Services Agreement with GCI
Construction Inc. (C-8501-1) to add $500,000 to the current contract for a total not -to -exceed
amount of $1,225,000;
c) Authorize the Mayor and City Clerk to execute the amendment; and
d) Approve Budget Amendment No. 22-016 appropriating $350,000 in increased expenditures
in Account No. 10001-980000-221-104 (Beach and Bay Sand Management) from the
unappropriated Tidelands Maintenance fund balance.
12. Temporary Employment Agreement for a Senior Civil Engineer — Plan Check
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 Mayor and Community Development Director to execute the Temporary
Employment Agreement with Soon Cho to temporarily fill the position of a Senior Civil
Engineer — Plan Check.
City Council Meeting
October 12, 2021
Page 5
MISCELLANEOUS
13. Planning Commission Agenda for the October 7, 2021 Meeting
Receive and file.
14 Annual Review of Visit Newport Beach Audited Financial Statements and Expenditure
Report
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
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
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. PUBLIC HEARINGS
15. Ordinance No. 2021-22: Zoning Code Amendment Related to Setback Map Corrections
(PA2020-006)
a) Conduct a public hearing;
b) Find this amendment statutorily 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 a have a significant
effect on the environment;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-
22, An Ordinance of the City Council of the City of Newport Beach, California, Adopting
Zoning Code Amendment No. CA2020-001 to Amend Title 20 (Planning and Zoning) of the
City of Newport Beach Municipal Code Correcting Setback Map Errors (PA2020-006), and
pass to second reading on October 26, 2021; and
d) Adopt Resolution No. 2021-97, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-001 to
the California Coastal Commission to Amend Title 21 (Local Coastal Program
Implementation Plan) of the City of Newport Beach Municipal Code Correcting Setback Map
Errors (PA2020-006).
16. Resolution No. 2021-98: Notice of Intent to Override the Orange County Airport Land Use
Commission's Determination of Inconsistency to the Draft Housing Element Update
(PA2017-141)
a) Conduct a public hearing;
b) Find this project is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines
because it has no potential for resulting in physical change to the environment, directly or
indirectly; and
City Council Meeting
October 12, 2021
Page 6
c) Adopt Resolution No. 2021-98, A Resolution of the City Council of the City of Newport Beach,
California, Notifying the Orange County Airport Land Use Commission and the State Division
of Aeronautics of the City's Intention to Find the General Plan Housing Element Update is
Consistent with the Purposes of the State Aeronautics Act and Overrule the Orange County
Airport Land Use Commission's Determination that the Housing Element Update is
Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2017-141).
XIX. CURRENT BUSINESS
17. Resolution No. 2021-99: Ratifying the October 5, 2021 Proclamation of Local Emergency
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. 2021-99, A Resolution of the City Council of the City of Newport Beach,
California, (i) Ratifying the Proclamation of a Local Emergency Issued on October 5, 2021,
by City Manager Grace Leung, the Director of Emergency Services of the City of Newport
Beach, and (ii) Approving and Authorizing Certain Actions Relating Thereto.
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
Testimony given before the City Council is recorded.
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