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Home My WebLink About00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING OCTOBER 8, 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 OCTOBER 8, 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 Newport Beach Water Polo 14U Junior Olympics Team SS3. Regional Housing Needs Assessment (RHNA) Update (PA2018-225) Staff will present a brief update on the State of California's RHNA number which establishes the number of housing units the City must zone for in the upcoming housing element cycle. 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 REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 3 matters 1. Property: 4200 Campus Drive, Newport Beach, CA 92660 Agency Negotiators: Grace Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: Avis Rent A Car Systems, LLC Under Negotiation: Price and terms of payment 2. Property: 3175 Airway Avenue, Costa Mesa, CA 92627 APN: 427-091-12 Agency Negotiators: Grace Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: City of Costa Mesa Under Negotiation: Price and terms of payment 3. Property: 1885 Anaheim Avenue, Costa Mesa, CA 92627 APN: 424-211-12 Agency Negotiators: Grace Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: City of Costa Mesa Under Negotiation: Price and terms of payment City Council Meeting October 8, 2019 Page 2 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (THE CITY COUNCIL WILL MEET TO DISCUSS THE PROCESS FOR THE ANNUAL PERFORMANCE REVIEW OF THE CITY MANAGER) (Government Code § 54957(b)(1)): 1 matter Title: Grace K. Leung, City Manager V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION — Pastor Megan Hutchinson, St. Andrews Presbyterian Church X. PLEDGE OF ALLEGIANCE 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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Direct the Parks, Beaches & Recreation Commission to evaluate the feasibility of a community pool that serves recreational & therapeutic needs at Lower Castaways Park [Dixon] 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. City Council Meeting October 8, 2019 Page 3 XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the September 24, 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. RESOLUTIONS FOR ADOPTION 3. Resolution No. 2019-88: Certifying Funding Listed in the Federal Transportation Improvement Program (FTIP) 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. 2019-88, A Resolution of the City Council of the City of Newport Beach, California, Certifying that the City of Newport Beach has the Resources to Fund the Project in the Federal Transportation Improvement Program for Federal Fiscal Years 2020/21 - 2025/26 and Affirming its Commitment to Implement the City Project. 4. Resolution No. 2019-89: Approval and Award of Professional Services Agreement for Banking and Merchant Card Processing Services with J.P. Morgan Chase Bank, N.A. and Paymentech, LLC 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. 2019-89, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Director of Finance to Execute an Agreement between the City of Newport Beach and J.P. Morgan Chase Bank, N.A. in Connection with the City's Banking Services; c) Authorize the Finance Director and City Clerk to execute a five-year Banking Services Agreement with the option to extend for an additional ten years, with J.P. Morgan Chase Bank, N.A., for banking and services with a total not -to -exceed amount of $466,215 over fifteen years ($31,081 x 15); and d) Authorize the Finance Director and City Clerk to execute a five-year Merchant Card Processing Services Agreement with the option to extend for an additional ten years, with Paymentech, LLC, for merchant card services consistent with the fee schedule presented on Schedule A of the Merchant Agreement. CONTRACTS AND AGREEMENTS 5. 2017-18 Streetlight Improvement Project — Notice of Completion for Contract No. 6269 (17V02) 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. City Council Meeting October 8, 2019 Page 4 6. Contract with Arts Orange County to Manage Phase V of the Sculpture Exhibition in Civic Center Park 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) Approve a contract with Arts Orange County for project management of Phase V of the Sculpture Exhibition in Civic Center Park for a total amount not to exceed $91,436.00, and authorize the Mayor and City Clerk to sign the agreement. 7. Benefits Broker Third Party Administrator— Approval of Professional Services Agreement with Burnham Benefits Insurance 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 a five-year Professional Services Agreement with Burnham Benefits Insurance Services for Benefits Broker Services at a not -to -exceed amount of $245,000, and authorize the Mayor and City Clerk to execute the Agreement. MISCELLANEOUS 8. Planning Commission Agenda for the October 3, 2019 Meeting Receive and file. 9. Budget Amendment to Accept a Check from the Newport Beach Public Library Foundation and Appropriate Funds to the Library's Fiscal Year 2019-20 Maintenance and Operation 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) Approve Budget Amendment No. 20-017 to increase revenue estimates by $155,000 in Account 0106051-511085 (Library Foundation Donations) and to increase expenditure estimates by the same amount in Division 0106051 (Library Foundation) and Division 01060604 (Literacy Services). 10. Beacon Bay Ground Lease Finance Subcommittee 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 the report. 11. Grants and Donations Report for the Quarter Ending September 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 the report. 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 October 8, 2019 Page 5 XVIII. PUBLIC HEARING 12. Resolution No. 2019-90: Code Amendment to Allow the Transfer of Development Rights in the Coastal Zone (PA2019-154) a) Conduct a public hearing; b) Find this project 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 have a significant effect on the environment; and c) Adopt Resolution No. 2019-90, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2019-003 to the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code and the City of Newport Beach Local Coastal Program Coastal Land Use Plan Regulating the Transfer of Development Rights (PA2019-154). XIX. CURRENT BUSINESS 13. Resolution No. 2019-91: Sculpture Exhibition in Civic Center Park — Local Assistance Specified 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) Adopt Resolution No. 2019-91, A Resolution of the City Council of the City of Newport Beach, California, Approving Application for Specified Grant Funding for $500, 000 for the Sculpture Exhibition in Civic Center Park Project; and c) Approve a proposal to use Local Assisted Specified Grant Funds to fund either: i. Phases V and VI of the Sculpture Exhibition in Civic Center Park and infrastructure improvements to Civic Center Park; or ii. Phases VI and VII of the Sculpture Exhibition in Civic Center Park and infrastructure improvements to Civic Center Park. 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. EVA1 _1111114111NkiIiyd:IZ1111 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