HomeMy WebLinkAbout00 - Agendab•
`n
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
OCTOBER 22, 2019
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION — 5:00 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 22, 2019
STUDY SESSION — 5:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING — 7:00 P.M.
ROLL CALL — 5:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation Commemorating Balboa Island Ferry's 100 -Year Anniversary
SS3. Presentation by Orange County Registrar of Voters Neal Kelley
Orange County Registrar of Voters Neal Kelley will discuss the new Vote Center model for
elections in Orange County.
SS4. Wildland Fire Mitigation Plan Update
Fire Chief Jeff Boyles and Fire Marshal Kevin Bass will discuss wildland fire fuel reduction
and hazard mitigation efforts in Newport Coast, Buck Gully and Corona del Mar
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
APN: 427-121-01
Agency Negotiators: Grace K. Leung, City Manager
Seimone Jurjis, Community Development Director
Lauren Whitlinger, Real Property Administrator
Negotiating Parties: Avis Rent A Car Systems, LLC; and D.E.K.K. Associates, a
California limited partnership
Under Negotiation: Price and terms of payment
2. Property: 3175 Airway Avenue, Costa Mesa, CA 92627
APN: 427-091-12
Agency Negotiators: Grace K. 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 22, 2019
Page 2
3. Property: 1885 Anaheim Avenue, Costa Mesa, CA 92627
APN: 424-211-12
Agency Negotiators: Grace K. 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
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Reverend Dr. George Okusi, St. John the Divine Episcopal Church, Costa Mesa
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
• Consideration of prohibiting all electric or motorized bicycles and vehicles from the
Peninsula boardwalk [Duffield]
Evaluate opportunities for installation of protected bicycle lanes with curbs or physical
barriers, without reducing parking spaces, and intersection bulb -outs within Newport
Heights [Muldoon]
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— 13). 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 22, 2019
Page 3
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the October 8, 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.
RESOLUTION FOR ADOPTION
3. Resolution No. 2019-92: Initiation of Zoning Code and LCP Amendments Related to the
Abatement of Nonconforming Signs (PA2019-184)
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2019-92, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to Title 20 Entitled "Planning and Zoning" and Title 21
Entitled "Local Coastal Program Implementation Plan" of the City of Newport Beach
Municipal Code Related to Signs (PA2019-184).
CONTRACTS AND AGREEMENTS
4. Approval of Amendment No. Three to Janitorial Services Agreement with Quality
Commercial Cleaning, Inc. for Sidewalk Steam Cleaning (C-6303)
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 Janitorial Services Agreement with Quality Commercial
Cleaning, Inc. dba Spectrum Facility Maintenance for sidewalk steam cleaning services to
increase the total not -to -exceed amount by $120,000 for a total not -to -exceed amount of
$1,370,000, and authorize the Mayor and City Clerk to execute the amendment.
5. 16th Street Water Pump Station Upgrades and Backup Generator (18W13) —Approval of
Professional Services Agreement with Dudek Inc., Contract No. 7693-1
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; and
b) Approve a Professional Services Agreement with Dudek Inc. of San Juan Capistrano,
California, for the 16th Street Pump Station Upgrades and Backup Generator project at a
not -to -exceed price of $311,798.00, and authorize the Mayor and City Clerk to execute the
Agreement.
6. Approval of Amendment No. Three to Maintenance/Repair Services Agreement with Park
West Landscape Maintenance, Inc. for Landscape Maintenance of Medians and Roadsides
(C-5959)
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 Amendment No. Three to Maintenance/Repair Services Agreement with Park West
Landscape Maintenance, Inc. for landscape maintenance of medians and roadsides to
extend the term of the agreement for one year and increase the not -to -exceed contract
amount by $2,303,175 for a total not -to -exceed amount of $12,087,966, and authorize the
Mayor and City Clerk to execute the amendment.
City Council Meeting
October 22, 2019
Page 4
7. Approve a Cooperative Agreement with the City of Irvine for a Regional Traffic Signal
Synchronization Project on the MacArthur Boulevard Corridor
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 Cooperative Agreement between the City of Newport Beach and the City of Irvine
for the MacArthur Boulevard Corridor Regional Traffic Signal Synchronization Project
(RTSSP) and direct City Manager to include the City's required funding match (approximately
$158,000) within the FY 2020-21 Capital Improvement Program.
8. Amendment No. One to a Professional Services Agreement with Sagecrest Planning and
Environmental for 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. One to extend the term of the agreement and to increase the
amount by $200,000 for a new not -to -exceed amount of $275,000, and authorize the Mayor
and City Clerk to execute the Amendment.
9. Proposed Amendments to the Non -Exclusive Franchise Agreement for Commercial Solid
Waste Handling Services to Comply with AB 341, AB 1826, and CALGreen
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 proposed amendments to the Non -Exclusive Franchise Agreement for Commercial
Solid Waste Handling Services to Comply with AB 341, AB 1826 and California Green
Building Standards Code (CALGreen).
10. Professional Services Agreement with William B. Conners for Hearing Officer 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 an agreement with William B. Conners for hearing
adjudication services, with a not -to -exceed compensation amount of Fifty Thousand Dollars
($50,000).
11. Cultural Arts Grants FY 2019-20
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 recommended recipients for FY 2019-20 Cultural Arts Grants as selected by the
City Arts Commission in accordance with City Council Policy 1-10 — Financial Support for
Culture and Arts.
12. Annual Review of Visit Newport Beach Audited Financial Statements and Expenditure
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.
MISCELLANEOUS
13. Planning Commission Agenda for the October 17, 2019 Meeting
Receive and file.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
City Council Meeting
October 22, 2019
Page 5
I V/ N:ILyiDIVA :Ioil d:161T,i111:1=WW6_14z11107_14=1►117_1V
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.
XVIII. PUBLIC HEARING
14. Annual Review of Zoning Implementation for Sober Living by the Sea, Inc. (PA2010-150)
a) Conduct a public hearing;
b) Find this review exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because this review enforces
an entitlement for use adopted by the City and has no potential to have a significant effect
on the environment;
c) Find that SLBTS has demonstrated good faith compliance with the terms of the Zoning
Implementation and Public Benefit Agreement; and
d) Receive and file documents submitted by SLBTS to demonstrate good faith compliance with
the terms of the Zoning Implementation and Public Benefit Agreement.
XIX. CURRENT BUSINESS
15. Fire Station No. 2 Replacement Project — Approval of Conceptual Design
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15332 (In -Fill Development Projects) of the CEQA Guidelines as documented in
Attachment E of the staff report, because this project has no potential to have a significant
effect on the environment;
b) Review and approve the conceptual design and project construction cost estimate budget;
and
c) Direct staff to proceed with the final Fire Station construction documents and obtain bids for
construction.
16. 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.
XXI. ADJOURNMENT
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