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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA JANUARY 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 — 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/Interim Finance Director 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 COIVD-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. Given the health risks associated with COVID-19, the City of Newport Beach has decided to not have City Council Chambers open to the public for this meeting. 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.gov. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, January 11, 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(c�newportbeachca.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 newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 JANUARY 12, 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. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Marine Activities Permits [949-270-8165] The City Council will receive an update on the Harbor Commission's work on Harbor Code Title 17, Marine Activities Permit (MAP) and recommended revisions to the Code. MAPs are required for businesses who operate some portion of their business on the water. SS3. Mariners and Dover Shores Neighborhood Traffic Calming Study [949-270-8165] This item will provide a review and discussion of the neighborhood traffic calming study, including proposed traffic calming improvement recommendations, for the Mariners and Dover Shores neighborhoods. The Study was prepared under City staff direction and oversight by a Traffic Engineering Consultant in accordance with City Council Policy L-26 at the request of neighborhood residents regarding their concerns for speeding and cut -through traffic within the Mariners and Dover Shores neighborhoods. 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 LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representative(s): Will O'Neill, Council Member; and Diane Dixon, Council Member Unrepresented Employees: Grace K. Leung, City Manager; Aaron C. Harp, City Attorney; and Leilani I. Brown, City Clerk V. RECESS VI. RECONVENE AT 6:30 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION X. PLEDGE OF ALLEGIANCE City Council Meeting January 12, 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 a study session to review the parking regulations within the Municipal Code and consideration of designating certain areas within the City as Activity Nodes [O'Neill] • Consideration of a study session to discuss (1) simplifying the parking requirement for food service uses I restaurants, (2) parking overlay districts in parking impacted zones for broader analysis of available public parking in determining parking requirements for new business, and (3) allowing valet parking drop off on public rights-of-way for individual business or joint business use [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— 9). 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 Minutes for the December 8, 2020 City Council Regular Meeting and the December 18, 2020 City Council Special 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. RESOLUTION FOR ADOPTION 3. Resolution No. 2021-1: Updating the List of Designated Employees for 2021 Under the City's Conflict of Interest Code 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. 2021-1, A Resolution of the City Council of the City of Newport Beach, California, Adopting an Updated Designated Employees List for 2021. City Council Meeting January 12, 2021 Page 3 CONTRACTS AND AGREEMENTS 4. Street Pavement Repair Program —Award of Contract No. 7929-1 (21 R03) 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. 7929-1 to PALP Inc., dba Excel Paving Company, for the total bid price of $323,938, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $81,000 (approximately 25 percent of total bid) to cover the cost of additional pavement rehabilitation areas and/or unforeseen work not included in the original contract. 5. Professional Services Agreement with SRG Geoscience, Inc. for Geotechnical Plan Review Services for One Year 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 City Clerk to execute a professional services agreement with SRG Geoscience, Inc. for a total of $240,000. 6. Lease Extension of Groundwater Pipeline with Orange County Water 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) Approve Amendment No. One to the Agreement with the Orange County Water District regarding the lease of a water pipeline for water transmission purposes, extending the lease term by 25 years to September 22, 2047; and c) Authorize the Mayor and City Clerk to execute Amendment No. One to this Agreement. 7. Professional Services Agreement with Carpi & Clay, Inc. for Federal Advocacy 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 the Professional Services Agreement with Carpi & Clay, Inc. of Washington, D.C., for federal advocacy services for an initial, approximately two-year term, ending December 31, 2022, with two optional one-year extensions and a total not to exceed amount of $458,400, and authorize the Mayor and City Clerk to execute the agreement. MISCELLANEOUS 8. Budget Amendment to Accept a Check from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's FY 2020-21 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 $40,500 from the California State Library for Literacy Services (CLLS) and approve Budget Amendment No. 21-023 to increase expenditures by the same amount in the Literacy accounts. City Council Meeting January 12, 2021 Page 4 9. Annual Mayoral Appointments 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 Mayor Brad Avery's appointments under City Council Policy A-2, as provided in the staff report. 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 10. Ordinance Nos. 2021-1 and 2021-2: Land Use Entitlement Applications for the Residences at 4400 Von Karman Project (PA2020-061) [949-270-8165] a) Conduct a public hearing; b) Adopt Resolution No. 2021-2, A Resolution of the City Council of the City of Newport Beach, California, Adopting Environmental Impact Report Addendum No. ER2020-003 to the 2006 General Plan Update Program Environmental Impact Report and the 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration for the Residences at 4400 Von Karman Project located at 4400 Von Karman Avenue (PA2020- 061); c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021- 1, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Planned Community Development Plan Amendment No. PD2020-001 for the Residences at 4400 Von Karman Project Located at 4400 Von Karman Avenue (PA2020-061), and pass to second reading on January 26, 2021; d) Adopt Resolution No. 2021-3, A Resolution of the City Council of the City of Newport Beach, California, Approving Major Site Development Review No. SD2020-006, Lot Line Adjustment No. LA2020-002, Affordable Housing Implementation Plan No. AH2020-003, and Traffic Study No. TS2020-001 for the Residences at 4400 Von Karman Project Located at 4400 Von Karman Avenue (PA2020-061); and e) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2021-2, An Ordinance of the City Council of the City of Newport Beach, California, Approving Development Agreement No. DA2020-002 for the Residences at 4400 Von Karman Project Located at 4400 Von Karman Avenue (PA2020-061), and pass to second reading on January 26, 2021. 11. Resolution No. 2021-4: 944 Via Lido Nord Residential Dock Reconfiguration — Call for Review of Harbor Commission's Decision [949-270-8165] a) Conduct a public hearing; b) Find the project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, Code of Regulations, Title 14, Chapter 3; and City Council Meeting January 12, 2021 Page 5 c) The City Council may either affirm, modify or reverse the Harbor Commission's approval of the proposed dock reconfiguration at 944 Via Lido Nord by either affirming or modifying the Harbor Commission's decision, the City Council authorizes staff to issue an Approval in Concept for the project, and then d) Adopt Resolution No. 2021-4, A Resolution of the City Council of the City of Newport Beach, California, Upholding the Harbor Commission's Approval of an "Approval in Concept" for a Residential Dock Reconstruction Project at the Property Located at 944 Via Lido Nord (File No. 1901-2020). XIX. CURRENT BUSINESS 12. Harbor Commission Proposed Goals and Objectives for 2021 [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; and b) Approve the Harbor Commission's Goals and Objectives for 2021 as presented in Attachment A of the staff report. 13. Ordinance No. 2021-3: Amending Chapter 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Provisions [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; and b) Waive full reading, read by title only, introduce Ordinance No. 2021-3, An Ordinance of the City Council of Newport Beach, California, Amending Title 17.10 Marine Activities Permits of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Provisions, and pass to second reading on January 26, 2021. 14. Mariners and Dover Shores Neighborhood Traffic Calming Study [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) Receive and file the Mariners and Dover Shores Neighborhood Traffic Calming Study; and c) If so desired, waive the City Council Policy L-26 requirement for seventy (70) percent community support, and direct staff to implement and install the improvements outlined in the Mariners and Dover Shores Neighborhood Traffic Calming Study, or as otherwise directed by the City Council; and d) Direct staff to advertise the project, and appropriate the necessary funds at the time of contract award; or e) Uphold the City Council Policy L-26 requirement for seventy (70) percent community support, and direct staff not to proceed with the improvements outlined in the Mariners and Dover Shores Neighborhood Traffic Calming Study, or as otherwise directed by the City Council. 15. Resolution No. 2021-5: City Council Policy G -Series (City Trees) Revisions [949-270-8165] a) Determine this action is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the activities are in the classes of projects which have been determined not to have a significant effect on the environment; and b) Adopt Resolution No. 2021-5, A Resolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council Policies G-1 (Retention, Removal and Maintenance of City Trees), G-3 (Preservation of Views), and G-6 (Maintenance and Planting of Parkway Trees). City Council Meeting January 12, 2021 Page 6 16. 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 former Orange County Sheriff Sandra Hutchens, Lydia Sharp, and David Fraser Testimony given before the City Council is recorded. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.