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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA JANUARY 26, 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 — 5:30 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 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 25, 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 26, 2021 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 5:30 P.M. ROLL CALL — 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Review of Restaurant Parking and Outdoor Dining Requirements [949-270-8165] Discussion on restaurant parking requirements and ways to modify the requirement to assist in converting temporary outdoor dining to a permanent use. SS3. Review of Commercial Parking Needs [949-270-8165] Discussion on addressing the parking needs of commercial uses by utilizing different methodologies such activity nodes, parking overlays, curb management plans, and reviewing the City's parking standards. 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 Representatives: Barbara Salvini, Human Resources Director, Labor Negotiator. Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Employees League (NBEL); Newport Beach Lifeguard Management Association (NBLMA); Part Time Employees Association of Newport Beach (PTEANB); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Employee Association (NBPTEA). V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL City Council Meeting January 26, 2021 Page 2 VIII. CLOSED SESSION REPORT IX. INVOCATION — President Rajan Zed, Universal Society of Hinduism, Reno, NV 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— 10). 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 January 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. ORDINANCE FOR ADOPTION 3. Ordinance No. 2021-3: Amending Chapter 17.10 (Marine Activities Permits) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Provisions 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. 2021-3, An Ordinance of the City Council of Newport Beach, California, Amending Title 17.10 (Marine Activities Permit) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Provisions; and c) Receive and file the Marine Activities Permit industry specific applications. City Council Meeting January 26, 2021 Page 3 RESOLUTION FOR ADOPTION 4. Resolution No. 2021-6: Approval and Award of Professional Services Agreement with Hinderliter, DeLlamas & Associates for Sales Tax and Business License Revenue Services and Authorizing Access to Sales or Transaction and Use Tax Records and Documents Pursuant to California Revenue & Taxation Code Section 7056(b) 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 the Mayor and City Clerk to execute a five-year Professional Services Agreement with HdL for sales and use tax auditing and analysis, for a total not -to -exceed amount of $651,000; c) Authorize the Mayor and City Clerk to execute a Contract Governing Access to Confidential Taxpayer Data with HdL describing the legal requirements within California Revenue & Taxation Code ("RTC") 7056; and d) Adopt Resolution No. 2021-6, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Access to Sales or Transaction and Use Tax Records and Documents Pursuant to California Revenue & Taxation Code Section 7056(b). CONTRACTS AND AGREEMENTS 5. Window Washing and Exterior Cleaning Services —Amendment No. 1 to Maintenance and Repair Agreement with Crown Building Services, Inc. (C-8019-1) 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; b) Approve Amendment No. One to Maintenance and Repair Agreement with Crown Building Services, Inc. (C-8019-1) to add $184,000 to the current contract for a total not -to -exceed amount of $478,775 and extend term of the agreement to April 26, 2024; and c) Authorize the Mayor and City Clerk to execute the amendment. 6. Professional Services Agreement with Cole Huber LLP for Hearing Adjudication 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) Authorize the Mayor to execute a three-year agreement with Huber for hearing adjudication services, with a not -to -exceed compensation amount of Fifty Thousand Dollars ($50,000). 7. County of Orange Economic Support Grant Agreement and 2021 Small Business Support Grant 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; b) Ratify the Subrecipient Agreement Between the County of Orange and the City of Newport Beach for Economic Support Provided by the City; c) Approve Budget Amendment No. 21-027 in the amount of $290,000 in grant funds and appropriate to the Economic Development Division of the City Manager's Office; and d) Authorize the City Manager to take any and all action necessary to implement and administer a Small Business Support Grant Program, funded with $290,000 in County General Funds, in accordance with the Grant Agreement between the City of Newport Beach and County of Orange. City Council Meeting January 26, 2021 Page 4 MISCELLANEOUS 8. Planning Commission Agenda for the January 21, 2021 Meeting Receive and file. 9. Accept the 2019 Emergency Management Performance 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; b) Accept the grant funding in the amount of $11,038 to be used in support of the City's emergency management program; and c) Approve Budget Amendment No. 21-024 to accept grant funds from the FEMA through the County of Orange, increase revenue estimates by $11,038 in account 01035352-431250 and increase expenditures appropriations by $11,038 in account 0103511-821005. 10. Grants and Donations Report for the Quarter Ending December 31, 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) 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. XVII. PUBLIC HEARINGS 11. Ordinance Nos. 2021-1 and 2021-2: Land Use Entitlements 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 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 February 9, 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 City Council Meeting January 26, 2021 Page 5 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 February 9, 2021. 12. Resolution No. 2021-7: General Plan Amendment for Shell Service Station Car Wash Located at 1600 Jamboree Road (PA2016-093) [949-270-8165] a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of small structures) of the CEQA guidelines, because it has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2021-7, A Resolution of the City Council of the City of Newport Beach, California, Approving General Plan Amendment No. GP2018-001 and Conditional Use Permit No. UP2016-025 for the Addition of a Car Wash to the Existing Vehicle Service Station Located at 1600 Jamboree Road (PA2016-093). XVIII. CURRENT BUSINESS 13. Residential Solid Waste and Recycling Franchise Update to Comply with State Organics Recycling Mandates — Request for Council Action on Franchise Extension Options [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) Undertake one of the following actions: 1) Direct staff to proceed with preparation of an amended Residential Solid Waste Franchise contract with CR&R to replace their two existing Residential Solid Waste Collection & Recycling Contracts (C-5649 & C-3942), beginning on October 1, 2021 at an initial monthly rate of $24.08 per residential household, with an annual 2% CPI adjustment, and a contract term of 8 -years with one 2 -year extension option; 2) Reject the amendment offer by CR&R and direct staff to proceed in preparing and issuing a Request for Proposals (RFP) for Residential Solid Waste Collection & Recycling Services, incorporating all State required collection and disposal requirements into the scope of services, and bring back any and all qualified proposals to City Council for consideration; or 3) Provide alternative direction to staff. 14. Approval of 2020 Residential Recycling Fee Study and Setting of Public Hearing for Residential Recycling Service Fee Rates [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) Approve the 2020 Residential Recycling Fee Study; c) Direct staff to send a notice of proposed Recycling Service Fee rates and public hearing date for consideration to all effected residential property owners in compliance with Proposition 218 State Law; and d) Set the date of March 23, 2021 for the tabulation of protests votes and conduct a public hearing of proposed Recycling Service Fee rates pending the result of the protest vote. City Council Meeting January 26, 2021 Page 6 15. Resolution No. 2021-8: Amended and Restated Employment Agreements for City Manager, City Attorney and City Clerk [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) Adopt Resolution No. 2021-8, A Resolution of the City Council of the City of Newport Beach, California, Modifying the Salary Ranges for the City Manager, City Attorney and City Clerk, c) Approve and authorize the Mayor to execute a Second Amended and Restated Employment Agreement between the City of Newport Beach and City Manager Grace K. Leung, subject to the terms and conditions approved by the City Council; d) Approve and authorize the Mayor to execute a Sixth Amended and Restated Employment Agreement between the City of Newport Beach and City Attorney Aaron Harp, subject to the terms and conditions approved by the City Council; e) Approve and authorize the Mayor to execute a Sixth Amended and Restated Employment Agreement between the City of Newport Beach and City Clerk Leilani Brown, subject to the terms and conditions approved by the City Council; and f) Approve Budget Amendment No. 21-026 for $18,031 to enhance salary and benefit accounts for the last six months of FY 2020-21 (January 1, 2021 through June 30, 2021). 16. 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 David Fraser Testimony given before the City Council is recorded. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.