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HomeMy WebLinkAbout0 - Agenda►1-I Fp90'; CITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR MEETING AND CLOSED SESSION MAY 26, 2020 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING AND CLOSED SESSION - 5:00 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(a)newportbeachca.gov. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, May 25, 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.cioy) 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 MAY 26, 2020 REGULAR MEETING AND CLOSED SESSION — 5:00 P.M. ************* NOTE: A Special Joint Meeting of the Newport Beach City Council and the Finance Committee will be held at 4:00 p.m. in the same location (City Council Chambers). Please see the separate agenda for this meeting. The public is welcome to participate in the Special Joint Meeting, as well as the City Council Meeting. ************* ROLL CALL — 5:00 p.m. II. PUBLIC COMMENTS ON CLOSED SESSION [949-270-8165] The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed under Closed Session. 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 ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) and (e)(1)): 1 matter IV. RECESS V. RECONVENE AFTER CLOSED SESSION VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION IX. PLEDGE OF ALLEGIANCE X. PRESENTATION • Public Works Week Proclamation XI. 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. XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES City Council Meeting May 26, 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— 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 Minutes for the April 30, 2020 Special Emergency Meeting, May 2, 2020 Special Meeting, and May 12, 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 ADOPTION 3. Ordinance No. 2020-14: Terminating Non -Exclusive Commercial Solid Waste Franchises a) Determine this action to be 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) Conduct a second reading to consider termination of 2017 Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services with Nine 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; and c) Conduct second reading and adopt 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. CONTRACTS AND AGREEMENTS 4. Arches Diversion Projects — Award of Contract No. 8279-2 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (minor alteration of existing facilities) of the CEQA Guidelines, because it has negligible potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Award Contract No. 8279-2 to GCI Construction, Inc. for the total bid amount of $462,448.45, and authorize the Mayor and City Clerk to execute the contract; City Council Meeting May 26, 2020 Page 3 d) Establish a contingency of $47,000.00 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Authorize the City Manager and City Clerk to execute the Temporary Right of Entry Agreement with Hoag Hospital on an agreement approved as to form by the City Attorney. 5. Cameo Highlands Street Reconstruction — Award of Contract No. 7067-2 (20R21) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b)(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. 7067-2 to All American Asphalt for the total bid price of $2,425,694, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $242,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 20-048 appropriating $46,525 in increased expenditures from the Water Enterprise unappropriated fund balance to Account No. 70101-980000- 20R09 for the Cameo Highlands Street Reconstruction project (20R21). 6. Approval of On -Call Professional Services Agreement with Moffatt & Nichol Engineering for Environmental Consulting Support 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 On -Call Professional Services Agreement with Moffatt & Nichol for environmental consulting support for a term of two years and a total not -to -exceed amount of $200,000, and authorize the Mayor and City Clerk to execute the agreement. 7. Approval and Award of Professional Services Agreement with Moffatt & Nichol for the Newport Pier Restaurant Demolition and Platform Rehabilitation Design 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 (PSA) with Moffatt & Nichol for the Newport Pier Restaurant Demolition and Platform Rehabilitation Design for a not -to -exceed price of $359,237, and authorize the Mayor and City Clerk to execute the Agreement. 8. Professional Services Agreement with Rodell R. Fick for Hearing Adjudication 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 a three-year agreement with Rodell R. Fick for hearing adjudication services, with a not -to -exceed compensation amount of Fifty Thousand Dollars ($50,000). MISCELLANEOUS 9. Set Public Hearing Date to Adopt Fiscal Year 2020-2021 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) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2020-2021 on June 9, 2020, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. City Council Meeting May 26, 2020 Page 4 10. Board and Commission Scheduled Vacancies — Confirmation of Nominees 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) Waive the portion of City Council Policy A-2 (Boards, Commissions & Committees) that recommends nominating two or more candidates for each vacancy, if a sufficient number of candidates are available; and c) Confirm the nominations made by the City Council Ad Hoc Appointments Committee: Board of Library Trustees [1 vacancy] Ash Kumra Paul Watkins (incumbent) Building and Fire Board of Appeals [2 vacancies] Khosrow (Saum) Nourmohammadi (Nour) (incumbent) Rolly Pulaski (incumbent) City Arts Commission [2 vacancies] Patricia Dreyfus Marie Little (incumbent) Leonard Simon Civil Service Board (Police and Fire nominees) [2 vacancies] Robyn Grant (incumbent) Howard Herzog (incumbent) Brian Moore Richard Tilley Harbor Commission [1 vacancy] Kevin Kramer Jordan Wachter Gary Williams Parks, Beaches & Recreation Commission [1 vacancy] David Granoff (incumbent) Kent Martin Cynthia Sender Planning Commission [2 vacancies] Curtis Ellmore (incumbent) Debbie Stevens Erik Weigand (incumbent) 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. City Council Meeting May 26, 2020 Page 5 XVII. CURRENT BUSINESS 11. Emergency Ordinance No. 2020-005: Fast Track Back to Business — Emergency Temporary Use Permit Program (PA2020-069) [949-270-8165] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to 15269 (c) (the activity is necessary to prevent or mitigate an emergency), 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15060 (c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because this project has no potential for resulting in physical change to the environment, directly or indirectly; and b) Pursuant to City of Newport Beach Charter Section 412, waive full reading, direct the City Clerk to read by title only, and adopt Emergency Ordinance No. 2020-005, An Emergency Ordinance of the City of Newport Beach, California, Authorizing the Community Development Director to Grant Emergency Temporary Use Permits to Commercial Businesses and Religious Institutions for the Utilization of Private Property, Parking Lots, Sidewalks, and Public Property. 12. Ad Hoc Committee on Local Business Advancement Recommendations [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; and b) Review and approve the recommendations of the Ad Hoc Committee on Local Business Advancement. 13. Novel Coronavirus (COVID-19) Update [949-270-8165] An oral report will be provided. 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. XIX. ADJOURNMENT Testimony given before the City Council is recorded.