City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA JULY 27, 2021 COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED SESSION - 4:00 P.M. / PUBLIC HEARING - ASSESSMENT DISTRICT 124 - 5:00 P.M. / STUDY SESSION - COUNCIL REDISTRICTING - 6:00 P.M. / REGULAR MEETING - FOLLOWING STUDY SESSION 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@newportbeachca.gov).  City Council Meeting July 27, 2021 Page 2 I. ROLL CALL - 4:00 p.m. II. PUBLIC COMMENTS ON AGENDA / NON-AGENDA ITEMS The City provides a yellow sign-in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign-in card has been completed, it should be placed in the box provided at the podium. The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on agenda and non-agenda items, are are generally limited to three (3) minutes. The City Council has the discretion to extend or shorten the time limit on agenda or non-agenda items. III. CLOSED SESSION - Council Chambers Conference Room - taken out of order at the request of the Mayor A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - EXISTING LITIGATION (Government Code § 54956.9(d)(1)(2) (e)(2)): 1 matter Concerned Owners Against Undergrounding on Balboa Island vs. City of Newport Beach OC Superior Court Case No. 30-2021-01211835-CU-WM-CJC The City Council will be meeting with legal counsel to discuss the City of Newport Beach’s exposure to litigation associated with the potential formation of Assessment District No. 124 based upon allegations that the ballot process did not comply with applicable legal requirements, all as set forth in the correspondence dated July 15, 2021 from Christopher L. Pitet. A copy of the correspondence from Mr. Pitet is on file with the City Clerk. A copy of the aforementioned lawsuit is also on file with the City Clerk. Written Comments 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), and Newport Beach Firefighters Association (NBFA). IV. RECESS  City Council Meeting July 27, 2021 Page 3 V. RECONVENE AT 5:00 P.M. VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION - Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene IX. PLEDGE OF ALLEGIANCE X. PUBLIC HEARING - taken out of order at the request of the Mayor 13. Proposed Assessment District No. 124 - A Roughly 50-Block Area of Central Balboa Island a) Open the public hearing on the formation of Assessment District No. 124; hear public testimony from those who desire to speak; close the public hearing; and direct the City Clerk to tabulate the ballots and report the result; and b) If there is greater than 50% of weighted “Yes” votes versus “No” votes submitted, a majority protest by ballot procedure does not exist and the district may be formed . If it is desired to form the District, take the following actions: i. Adopt Resolution No. 2021-71, A Resolution of the City Council of the City of Newport Beach, California, Overruling Protests, Approving Final Engineer’s Report, Levying Assessments without Modification, Approving and Ordering the Work and Improvements for the Utility Underground Project, and Authorizing and Directing Related Actions with Respect to Assessment District No. 124; and ii. Approve Budget Amendment No. 22-001 authorizing an advance from the General Fund in the amount of $792,800 to be repaid from Bond Proceeds and cash contributions from Assessment District No. 124 and appropriating $300,000 to Account No. 67502- 941027 for electrical utility design by SCE, $280,000 to Account No. 67502-941005 for phone and cable system design by AT&T and Spectrum, $112,800 to Account No. 67502-941008 for City Administration, and $100,000 to Account No. 67502-941012 for Bond Counsel. Funds remaining in any fiscal year will be carried forward to future annual budgets per Council Policy F-3; iii. Approve Amendment to Professional Services Agreement with NV5 for necessary Assessment Engineering services not to exceed an additional $112,800 fee; OR c) If desired not to form the District, adopt Resolution No. 2021-72, A Resolution of the City Council of the City of Newport Beach, California, Declaring Abandonment of Proceedings for City of Newport Beach Assessment District No. 124.  City Council Meeting July 27, 2021 Page 4 Staff Report Attachment A - 6-8-21 Staff Report (without attachments) Attachment B - Resolution No. 2021-71 Attachment C - Resolution No. 2021-72 Attachment D - Final Engineer's Report Attachment E - Amended Agreement Attachment F - Budget Amendment Insider's Guide Correspondence Written Comments XI. STUDY SESSION - 6:00 p.m. SS1. Council Redistricting (PA2021-035) Every ten years following a national Census, the City’s Charter Section 1005 and State election law requires an analysis of the City’s Council Districts to reflect changes in population to ensure that all districts have an equal number of residents . We are beginning the process now following the 2020 Census results. The study session will outline the necessary steps to: 1) complete the review, 2) make any necessary adjustments with public participation, and 3) finalize adoption of the maps. The timeline for these steps will be discussed. Insider's Guide Written Comments XII. NOTICE TO THE PUBLIC The City provides a yellow sign-in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign-in card has been completed, it should be placed in the box provided at the podium. 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. As a courtesy, please turn cell phones off or set them in the silent mode. XIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES  City Council Meeting July 27, 2021 Page 5 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 - 11). 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 July 13, 2021 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. Minutes Written Comments 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. Resolution No. 2021-66: Approval of the Orange County Transportation Authority Senior Mobility Program Cooperative Agreement and Acceptance of Funds for the OASIS Transportation 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; and b) Adopt Resolution No. 2021-66, A Resolution of the City Council of the City of Newport Beach, California, Approving Cooperative Agreement C-1-3246 Between the Orange County Transportation Authority and the City of Newport Beach for Renewal of the Senior Mobility Program for Senior Transportation Services and Authorizing the Recreation and Senior Services Director to Act as the Authorized Agent for the City to Take Any Actions Necessary to Implement the Cooperative Agreement. Staff Report Attachment A - Resolution No. 2021-66  City Council Meeting July 27, 2021 Page 6 4. Resolution No. 2021-67: SB 2 Permanent Local Housing Allocation Grant Application and Five-Year Plan 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. 2021-67, A Resolution of the City of Newport Beach, California, Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program; and c) Authorize the City Manager to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments as required by the State of California. Staff Report Attachment A - Resolution No. 2021-67 Attachment B - Public Notice 5. Resolution No. 2021-68: Resolution of Intention to Conduct a Public Hearing to Grant New Non-Exclusive Solid Waste Franchises 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. 2021-68, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Conduct a Public Hearing to Consider Granting Non-Exclusive Commercial Solid Waste and Divertible Materials Handling Franchises. Staff Report Attachment A - Resolution No. 2021-68 Attachment B - Sample Agreement 6. Resolution No. 2021-69: Supporting Local Schools as they Return to Normal and Parental Choice in Deciding Whether Children Should be Masked or Vaccinated at School 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. 2021-69, A Resolution of the City Council of the City of Newport Beach, California, Supporting Local Schools as they Return to Normal and Parental Choice in Deciding Whether Children Should be Masked or Vaccinated at School.  City Council Meeting July 27, 2021 Page 7 Staff Report Attachment A - Resolution No. 2021-69 Correspondence Written Comments CONTRACTS AND AGREEMENTS 7. Corporation Yard Re-Roofing Project - Notice of Completion for Contract No. 7880-1 (21F02) 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 Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. Staff Report Attachment A - Location Map Attachment B - Building Roofs Replaced 8. Amendment No. Two to Agreement with Sulzer Electro - Mechanical Services (US), Inc., for On-Call Maintenance/Repair Services for Maintenance and Repair of Variable Frequency Drives Manufactured by Toshiba 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 Amendment No. Two to the On-Call Maintenance/Repair Services Agreement with Sulzer-Mechanical Services (US), Inc. to increase the contract compensation limit by $120,000 and extend the contract term to June 15, 2023, and authorize the Mayor and City Clerk to execute the agreement. Staff Report Attachment A - Amendment No. Two 9. Approval of an Exclusive Negotiating Agreement with Lido House Hotel, LLC for the Lease of Property at 475 32nd Street (PA21-00712) a) Find this action proposed herein is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Section 21065 of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”); and b) Approve an Exclusive Negotiating Agreement with Lido House Hotel, LLC.  City Council Meeting July 27, 2021 Page 8 Staff Report Attachment A - Agreement Correspondence Written Comments MISCELLANEOUS 10. Planning Commission Agenda for the July 22, 2021 Meeting Receive and file. Planning Commission Action Report Planning Commission Agenda 11. FY 2020-21 Donations Report for the Quarter Ending June 30, 2021, and Annual District Discretionary Grant 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. Staff Report Attachment A - District Report Written Comments 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.  City Council Meeting July 27, 2021 Page 9 XVIII. PUBLIC HEARING 12. Resolution No. 2021-70: Call for Review of Planning Commission's Approval of a Mixed-Use Project at 2510 West Coast Highway (PA2019-249) a) Conduct a de novo public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In-fill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2021-70, A Resolution of the City Council of the City of Newport Beach, California, Upholding the Planning Commission’s Approval of Coastal Development Permit No. CD2019-062, Site Development Review No. SD2019-003,Tentative Parcel Map No. NP2020-013, and Affordable Housing Implementation Plan No. AH2021-001 for a Mixed-Use Project Located at 2510 and 2530 West Coast Highway (PA2019-249); OR d) Direct staff to return with a Resolution reversing or modifying the Planning Commission’s Approval of Coastal Development Permit No. CD2019-062, Site Development Review No. SD2019-003, Tentative Parcel Map No. NP2020-013, and Affordable Housing Implementation Plan No. AH2021-001 for a mixed-use project located at 2510 and 2530 West Coast Highway (PA2019-249). Staff Report Attachment A - Resolution No. 2021-70 Attachment B - Affordable Housing Implementation Plan Attachment C - Post Certification Map Attachment D - Project Plans Staff Memo Insider's Guide Correspondence 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 Terry Donahue Testimony given before the City Council is recorded. The timer light will turn yellow when the speaker has one minute remaining. The timer light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.