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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION AND REGULAR MEETING APRIL 28, 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 27, 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.goy) 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 28, 2020 CLOSED SESSION — 6:30 P.M. REGULAR MEETING — 7:00 P.M. ROLL CALL — 6:30 p.m. II. PUBLIC COMMENTS [949-270-8165] 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. NOTICE TO THE PUBLIC 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. XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of Forming a Business Reopening Committee [O'Neill] City Council Meeting April 28, 2020 Page 2 XIII. 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. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the April 3, 2020 Special Meeting and April 14, 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. ORDINANCE FOR INTRODUCTION 3. Ordinance No. 2020-13: Amending Section 6.04.170 Prohibiting Commercial Properties and Businesses from Disposing of Solid Waste in Public Waste Containers 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) Introduce Ordinance No. 2020-13, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 6.04.170 of Chapter 6.04 of Title 6 of the Newport Beach Municipal Code Pertaining to the Commercial Use of Public Solid Waste, Recyclable Material orDivertible Material Containers/Bins, and pass to second reading on May 12, 2020. ORDINANCES FOR ADOPTION 4. Ordinance Nos. 2020-11 and 2020-12: Adoption of Ordinances to Amend Setback Map S -1A (PA2019-216) a) 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; b) Conduct second reading and adopt 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 c) Conduct second reading and adopt 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). City Council Meeting April 28, 2020 Page 3 CONTRACTS AND AGREEMENTS 5. Water Transmission Main Valve Replacement — Notice of Completion for Contract No. 7539-1 (18W12) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On May 28, 2019, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c); b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 6. Three Year Software License Agreement for Microsoft 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 and City Clerk to execute a Software License Agreement with Dell Inc. for a three-year period for all Microsoft products in the amount of $160,461.60 per year. MISCELLANEOUS 7. Planning Commission Agenda for the April 23, 2020 Meeting Receive and file. 8. Acceptance of Reimbursement Funds from the Anaheim Police Department/Orange County Human Trafficking Task Force 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 Budget Amendment No. 20-039 for the acceptance of funds received and posted as FY 2019-20 revenue in Account No. 01035352-431455; and c) Appropriate funds from the Orange County Human Trafficking Task Force (OCHTTF) in the amount of $39,869.92 for grant related services rendered by increasing expenditure appropriations for FY 2019-20 in Account No. 01035355-713002. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XV. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165] XVI. 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. XVII. 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 April 14, 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 City Council Meeting April 28, 2020 Page 4 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 No. 2020-14: Terminating Non -Exclusive Commercial Solid Waste Franchises [949-270-8175] a) Conduct a public hearing to consider termination of 2017 Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services with thirteen firms as listed in this staff report due to not obtaining insurance of the types and amounts in the 2017 Franchise and providing evidence of coverage by February 10, 2020, and/or not providing evidence of a collision avoidance system on all equipment that operates in Newport Beach by January 1, 2020; b) Determine this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15308 of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly and is categorically exempt pursuant to Section 15321; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020- 14, An Ordinance of the City Council of the City of Newport Beach, California, Terminating Those Certain 2017 Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services Within the City of Newport Beach, and pass to second reading on May 12, 2020. 11. Resolution No. 2020-39: Authorization to Issue Obligations by the California Municipal Finance Authority to Benefit Harbor Day School Project [833-920-1316 — toll free number] a) Conduct and close the public hearing under the requirements of Tax Equity and Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986; b) 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. Alternatively, find the approval of this resolution is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment; and c) Adopt Resolution No. 2020-39, A Resolution of the City Council of the City of Newport Beach, California, Approving the Making of One or More Loans in a Principal Amount Not to Exceed $55,000,000 for the Purpose of Financing the Costs of Certain Improvements to a School Commonly Known as Harbor Day School and Certain Other Matters Relating Thereto, to provide for the financing of the Harbor Day School construction project in satisfaction of the requirements of TEFRA, Internal Revenue Code of 1986 and the California Government Code Section 6500. XVIII. CURRENT BUSINESS 12. Approval of a Service Agreement for Street Sweeping Services with Jonset Corporation dba Sunset Property Services [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 because this action will not result in a physical change to the environment, directly or indirectly; and City Council Meeting April 28, 2020 Page 5 b) Approve the Services Agreement with Jonset Corporation dba Sunset Property Services, for street sweeping services for a ten-year term with the first year annual not -to -exceed amount of $775,000 and a total not -to -exceed amount of $8,885,000 over the ten-year agreement, and authorize the Mayor and City Clerk to execute the Agreement. 13. COVID-19 Pandemic Estimated Financial Impact on City Revenue and Recommended FY 2019-20 Budget Amendment [949-270-8175] 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) Review and consider the City Manager's recommendations for FY 2019-20 revenue and expenditure changes; c) After discussing the City Manager's recommendations, approve or revise Budget Amendment No. 20-044 changing certain budgeted revenue and expenditure estimates for FY 2019-20; and d) Provide direction on funding allocation for City grants programs for FY 2020-21. 14. Review of the Adopted Fiscal Year 2019-20 Capital Improvement Program (CIP) Budget [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 because this action will not result in a physical change to the environment, directly or indirectly; and b) Review the FY 2019-20 Capital Improvement Program (CIP) and provide any further direction regarding projects or programs in the CIP. 15. Novel Coronavirus (COVID-19) Update [949-270-8175] An oral report will be provided. 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 Testimony given before the City Council is recorded.