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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
CLOSED SESSION AND REGULAR MEETING
APRIL 14, 2020
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
CLOSED SESSION — 6:30 P.M.
REGULAR MEETING — 7:00 P.M.
WILL O'NEILL, Mayor
BRAD AVERY, Mayor Pro Tem
JOY BRENNER, Council Member
DIANE B. DIXON, 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
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, April 13, 2020, 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(a)newportbeachca.gov)
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(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
APRIL 14, 2020
CLOSED SESSION - 6:30 P.M.
REGULAR MEETING - 7:00 P.M.
I. ROLL CALL — 6:30 p.m.
II. PUBLIC COMMENTS [949-270-8165]
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.
III. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Susan Bidart Riddle v. City of Newport Beach & John Vallely
Orange County Superior Court Case No. 30-2015-00808124-CU-WM-CJC; Court of Appeal,
4th Appellate District, Division 3, Case No. G057397
IV. RECESS
V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
VIII. INVOCATION
IX. PLEDGE OF ALLEGIANCE
X. PRESENTATION
• National Library Week: Newport Beach Public Library's Return on Investment
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.
City Council Meeting
April 14, 2020
Page 2
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
• Evaluation of current budgeted capital projects for potential six-month hold of lower
priority projects due to the fiscal impacts of the COVID-19 global pandemic [Muldoon]
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR [949-270-8175]
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1 — 8). 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 March 18, 2020 Special Meeting and March 24, 2020 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. 2020-31: Initiation of Zoning Code and Local Coastal Program
Amendments Related to Tattoo Services, Density Bonus Regulations, Short Term
Lodging, and Food and Alcohol Service in the Industrial Zone
a) Determine this action is exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3; and
b) Adopt Resolution No. 2020-31, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local
Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related
to Tattoo Services (PA2020-030), Density Bonuses (PA2020-032), Short Term Lodging
(PA2020-048), and Food and Alcohol Service in the Industrial Zoning District (IG) (PA2020-
042).
4. Item Removed
City Council Meeting
April 14, 2020
Page 3
CONTRACTS AND AGREEMENTS
5. 2019-2020 Playground Refurbishment Project — Award of Contract No. 7737-1 (20P01)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301_Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines,
because this project results in no expansion of an existing use;
b) Approve the project plans and specifications;
c) Declare the bid submitted by JMJ Construction of Winchester as non-responsive;
d) Award Contract No. 7737-1 to R.E. Schultz for the base bid price of $256,921.50, and
Additive Bid Item No. 1 for $14,700.00 for a total bid price of $271,621.50, and authorize the
Mayor and City Clerk to execute the contract; and
e) Establish a contingency amount of $27,378.50 (approximately 10 percent) to cover the cost
of unforeseen work not included in the original contract.
6. Slurry Seal Program — Award of Contract No. 7681-1 (Project No. 20R04)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no
expansion of use) of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No 7681-1 to Roy Allan Slurry Seal, Inc., for the total bid price of
$1,082,606.20, and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $54,000.00 (approximately five percent of total bid) to cover the
cost of unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 20-042 transferring appropriations of $81,154.00 of
Measure M funding from the Bison Avenue Pavement Rehabilitation Project (Account
No. 12201-980000-19R21) to the Slurry Seal Program Project (Account No. 12201-980000-
20R04).
7. Approval and Award of Maintenance and Repair Services Agreement with RD Systems,
Inc.
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 three-year agreement with RD Security Systems, Inc. for Alarm and Security
Camera systems maintenance and repair services for a total not to exceed amount of
$290,160, and authorize the Mayor and City Clerk to execute the agreement.
8. Approval of a Purchase Agreement with South Coast Fire Equipment, Inc. for the
Purchase of a Type 3 Wildland Fire Apparatus
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) Approval of a Purchase Agreement with South Coast Fire Equipment, Inc. for a not to exceed
amount of $509,902.44 for the purchase of a Pierce Manufacturing Type 3 Wildland Interface
Fire Apparatus.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
City Council Meeting
April 14, 2020
Page 4
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165]
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS [949-270-8175]
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 HEARINGS
9. Resolution No. 2020-33: Appeal of Planning Commission Approval for The Garden Office
and Parking Structure Proposed at 215 Riverside Avenue (PA2019-023) (Continued from
the March 24, 2020 City Council Meeting) [949-270-8165]
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. 2020-33, A Resolution of the City Council of the City of Newport Beach,
California, Upholding and Affirming the Planning Commission's Approval of Coastal
Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 to
Demolish an Existing Restaurant and Office Building and Construct a New Office Building
and Parking Structure Located at 215 Riverside Avenue (PA2019-023); or
d) Direct staff to return with a Resolution Reversing or Modifying the Planning Commission's
Approval of Coastal Development Permit No. CD2019-003 and Conditional Use Permit
No. UP2019-003 to Demolish an Existing Restaurant and Office Building and Construct a
New Office Building and Parking Structure Located at 215 Riverside Avenue (PA2019-023).
10. Ordinance Nos. 2020-11 and 2020-12: Introduction of Ordinances to Amend Setback Map
S -1A (PA2019-216) [949-270-8175]
a) Conduct a public hearing;
b) Find this project categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the
CEQA Guidelines, because it has no potential to have a significant effect on the environment;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020-
11, An Ordinance of the City Council of the City of Newport Beach, California, Adopting
Zoning Code Amendment No. CA2019-008 to Amend Setback Map S -1A - West Newport as
Set Forth in Section 20.80.040 (Setback Maps) of Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code Applicable to the Property Located at 6501/6503 Seashore
Drive (PA2019-216), and pass to second reading on April 28, 2020;
d) Waive full reading, direct the City Clerk to ready by title only, introduce Ordinance No. 2020-
12, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local
Coastal Program Amendment No. LC2019-007 to Amend Setback Map S -1A - West Newport
as Set Forth in Section 21.80.040 (Setback Maps) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code Applicable to the Property
Located at 6501/6503 Seashore Drive (PA2019-216), and pass to second reading on
April 28, 2020; and
e) Adopt Resolution No. 2020-34, A Resolution of the City Council of the City of Newport Beach,
California, Revoking Variance No. VA0012 and Modification No. MD2343 Which Will
No Longer Be Necessary Upon Amendment of Sections 20.80.040 (Setback Maps) and
21.80.040 (Setback Maps) of the Newport Beach Municipal Code for the Property Located
at 6501/6503 Seashore Drive (PA2019-216).
City Council Meeting
April 14, 2020
Page 5
XIX. CURRENT BUSINESS
11. Professional Services Agreement with Kimley-Horn and Associates, Inc. for Updates to
the General Plan Housing, Land Use and Circulation Elements [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, California Code
of Regulations, Title 14, Division 6, Chapter 3, because this action will not result in a physical
change to the environment, directly or indirectly; and
b) Approve and authorize the City Manager and City Clerk to execute a Professional Services
Agreement with Kimley-Horn and Associates, Inc. to prepare the necessary updates to the
General Plan Housing, Land Use, and Circulation Elements in an amount not to exceed
$1,217,461, in a form substantially similar to the agreement attached to the staff report and
subject to the review and approval of the City Attorney's Office.
12. Novel Coronavirus (COVID-19) Update [949-270-8175]
An oral report will be provided.
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