The URL can be used to link to this page

Home My WebLink About0 - Agenda/off 'I C�l-,`�� CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING JULY 23, 2019 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. DIANE B. DIXON, Mayor WILL O'NEILL, Mayor Pro Tem BRAD AVERY, Council Member JOY BRENNER, Council Member DUFFY DUFFIELD, Council Member JEFF HERDMAN, Council Member KEVIN MULDOON, Council Member GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. BROWN, City Clerk CAROL JACOBS, Assistant City Manager 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 The City provides a yellow sign -in card for those wishing to address the City Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the City Council. If you do fill out the card, please place it in the box at the podium. 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 at the City Clerk's Office located at 100 Civic Center Drive (Bay E, 2nd Floor). Staff reports or other written documentation have been prepared or organized with respect to each item 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, minutes 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 Leilani Brown, City Clerk, prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(a)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 JULY 23, 2019 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. Recognition of the USRowing Youth National Championship Gold Medalists —Newport Aquatic Center's Men's Lightweight 8+ SS3. Overview of the State -mandated Organic Waste Recycling Requirements Staff will be presenting an overview of possible Newport Beach Municipal Code changes to comply with State requirements and amendments to current waste hauler franchise agreements. III. PUBLIC COMMENTS 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 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): 1 matter B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Kathryn McCaughey v. City of Newport Beach, et al. OCSC Case No. 30-2018-01016354-CU-PO-CJC V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL City Council Meeting July 23, 2019 Page 2 1T/I141]&,]**_1 M z10=1101A0 IX. INVOCATION X. PLEDGE OF ALLEGIANCE — Newport Beach DeMolay Chapter XI. 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. 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 - 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 July 9, 2019 City Council 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. 2019-11: Adoption of an Ordinance to Allow Homeowners' Associations to Opt Out of Saturday Construction Noise Restrictions and Temporary Construction Signage Requirements 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 City Council Meeting July 23, 2019 Page 3 b) Conduct second reading and adopt Ordinance No. 2019-11, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 10.28.040 and 15.16.010 of the Newport Beach Municipal Code, to Provide a Process for Homeowners' Associations to Opt Out of Saturday Construction -Related Noise Regulations and Temporary Construction Project Signage Requirements. 4. Ordinance No. 2019-12: Adoption of an Ordinance Amending a Development Agreement for Hoag Memorial Hospital Presbyterian (PA2018-024) a) Find all significant environmental concerns for the proposed project have been addressed in a previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project; and b) Conduct second reading and adopt Ordinance No. 2019-12, An Ordinance of the City Council of the City of Newport Beach, California, Amending a Development Agreement between the City of Newport Beach and Hoag Memorial Hospital Presbyterian (Development Agreement Amendment No. DA2018-004). RESOLUTION FOR ADOPTION 5. Resolution No. 2019-71: Amending the Scope of the Business Improvement District Ad Hoc Committee and Changing the Name to the Ad Hoc Committee on Local Business Advancement 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. 2019-71, A Resolution of the City Council of the City of Newport Beach, California, Amending the Scope of the Ad Hoc Committee on Business Improvement Districts and Changing the Name of the Committee to the Ad Hoc Committee on Local Business Advancement. CONTRACTS AND AGREEMENTS 6. Sewer and Storm Drain Systems Rehabilitation Project — Award of Contract No. 7538-1 (18503 and 19D02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (replacement of existing facilities involving no expansion of capacity) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Award Contract No. 7538-1 to Sancon Technologies, Inc. for the base bid price of $2,344,589.50 plus additive bid item 50 for $45,000.00 (to add a clarifier and sewer line at the City Corporation Yard), for a total contract price of $2,389,589.50, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $170,000.00 (approximately 7 percent), contingency amount to cover the cost of unforeseen work not included in the original contract. 7. Acquisition of Rule 20A Credits from the Cities of Laguna Woods, Lynwood and Mission Viejo 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 Memorandums of Understanding (MOU) with the cities of Laguna Woods, Lynwood and Mission Viejo, documenting details of the transaction for the Rule 20A credit acquisitions, and authorize the City Manager and City Clerk to execute each Memorandum of Understanding; and City Council Meeting July 23, 2019 Page 4 c) Authorize staff to process Rule 20A credit transfers between the City of Newport Beach and Laguna Woods, Lynwood, and Mission Viejo with SCE. 8. Amendment No. 3 to Professional Services Agreement for Airport Consulting 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 Amendment No. Three to the Professional Services Agreement with Thomas Cole Edwards, Inc. to increase the not -to -exceed amount by $85,000 for a total not -to -exceed amount of $272,500, and authorize the Mayor and City Clerk to execute the amendment. MISCELLANEOUS 9. Planning Commission Agenda for the July 18, 2019 Meeting Receive and file. 10. Required Council Reporting: Fiscal Year 2018-19 Annual Discretionary Grant Report and the Grants and Donations Report for the Quarter Ending June 30, 2019 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 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 HEARING 11. 2019 Drinking Water Quality Report on Public Health Goals a) Conduct a public hearing; b) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and c) Receive and file City of Newport Beach 2019 Drinking Water Quality Report on Public Health Goals. XVIII. CURRENT BUSINESS 12. Employment Agreement with Jeff Boyles for Fire Chief Services a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager to Execute an Employment Agreement Between the City of Newport Beach and Jeff Boyles for Fire Chief Services. City Council Meeting July 23, 2019 Page 5 13. Newport Beach & Company Destination Business Plan Supplement, Visit Newport Beach Fiscal Year 2019-20 Budget Update and the Tourism Business Improvement District Fiscal Year 2019-20 Annual Report and Fiscal Year 2019-20 Budget 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; b) Authorize a waiver of the timeline provided in Section 3.5 of the Tourism Business Improvement District Management Agreement; c) Receive and file VNB's Business Plan Supplement; d) Review, approve and/or modify VNB's FY 2019-20 Budget Update; e) Review, approve and/or modify the NBTBID'S FY 2019-20 Annual Report; and f) Review, approve and/or modify the NBTBID's FY 2019-20 Budget. 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. Ek:�_111116111:7ill 1LTA l=1Z111 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