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HomeMy WebLinkAbout00 - AgendaAMENDED AGENDA — REMOVED CLOSED SESSION CITY OF NEWPORT BEACH CITY COUNCIL AGENDA JULY 14, 2020 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING — 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(cDnewportbeachca.gov. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, July 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(c�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(@newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 JULY 14, 2020 REGULAR MEETING - 5:00 P.M. ROLL CALL — 5:00 p.m. II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. 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. V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES VI. 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— 12). 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. VII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the June 23, 2020 City Council Meeting and June 25, 2020 Special 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. 2020-15: Amending the Newport Beach Municipal Code Restrictions for Short Term Lodging a) Find 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) Conduct second reading and adopt Ordinance No. 2020-15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 3.16.060 and Chapter 5.95 of the Newport Beach Municipal Code Relating to Short Term Lodging. City Council Meeting July 14, 2020 Page 2 4. Resolution Nos. 2020-67 and 2020-68: Modifying the Start Time for the Holding of Regular City Council Meetings 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. 2020-67, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Revised City Council Policy A-1 "City Council, and c) Adopt Resolution No. 2020-68, A Resolution of the City Council of the City of Newport Beach, California, Repealing Resolution Nos. 2019-104 and 2020-15 and Setting the Time and Dates of City Council Regular Meetings for Calendar Year 2020. CONTRACTS AND AGREEMENTS 5. East Coast Highway Pavement Rehabilitation (21R12) —Approval of Professional Services Agreement with Michael Baker International, Inc., Contract No. 7807-1 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 Michael Baker International, Inc., of Irvine, CA, for the East Coast Highway Pavement Rehabilitation project at a not -to -exceed price of $398,185, and authorize the Mayor and City Clerk to execute the Agreement. 6. Grant Howald Park Rehabilitation — Award of Contract No. 7476-2 (19P11) a) Approve the project drawings and specifications; b) Declare the bid packages submitted by RAL Investment Corporation of San Diego as non- responsive; c) Award Contract No. 7476-2 to Environmental Construction, Inc. (ECI) for the total bid price of $4,543,686, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $475,000 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract; e) Authorize the City Manager to approve payments to Southern California Edison (SCE) and AT&T in the amount of approximately $750,000 for project design services, equipment and installation necessary to underground the existing above -ground facilities related to the project; and f) Approve Amendment No. 1 to the current Professional Services Agreement with RJM Design Group, Inc. to add $73,160 to the contract for a total not -to -exceed fee of $354,950, for additional design services and authorize the Mayor and City Clerk to execute the Agreement. 7. Amendment No. One to Lease Agreement Between the City of Newport Beach and Harbor Day School 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 City Manager and City Clerk to execute Amendment No. One To Lease Agreement Between the City of Newport Beach and Harbor Day School, in a form substantially similar to the agreement attached to the staff report. 8. Approval of COVID-19 Economic Relief Funding Support for the Corona del Mar Business Improvement District 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 the Corona del Mar Business Improvement District (CdM) COVID-19 economic relief plan and budget; and c) Authorize the City Manager to allocate $40,000 in COVID-19 Economic Relief Funding Support to the CdM BID in Fiscal Year 2020-21. City Council Meeting July 14, 2020 Page 3 9. Approval of COVID-19 Economic Relief Funding Support for the Newport Beach Restaurant Association Business Improvement District 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 the Newport Beach Restaurant Association Business Improvement District (NBRA) COVID-19 economic relief plan and budget; and c) Authorize the City Manager to allocate $40,000 in COVID-19 Economic Relief Funding Support to the NBRA BID in Fiscal Year 2020-21. MISCELLANEOUS 10. Planning Commission Agenda for the July 9, 2020 Meeting Receive and file. 11. Confirmation of Annual Appointments to the Finance Committee 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) Confirm Mayor Will O'Neill's and individual Council Members' appointments to the Finance Committee: (1) Mayor Will O'Neill, who will serve as Chair, (2) Mayor Pro Tem Brad Avery, (3) Council Member Joy Brenner, (4) Joe Stapleton based upon Council Member Diane Dixon's recommendation, (5) William Collopy based upon Council Member Duffy Duffield's recommendation, (6) Larry Tucker based upon Council Member Jeff Herdman's recommendation, and (7) John Reed based upon Council Member Kevin Muldoon's recommendation. 12. Tourism Business Improvement District (TBID) Annual Report and Fiscal Year 2020-21 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; b) Authorize a waiver of the timeline provided in Section 3.5 of the Tourism Business Improvement District Management Agreement; c) Review and approve the NB TBID'S FY 2020-21 Annual Report; and d) Review and approve the NB TBID's FY 2020-21 Budget. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED VIII. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165] IX. 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. X. PUBLIC HEARING 14. Resolution No. 2020-69: Community Development Block Grant — Economic Development Job Retention Program [949-270-8165] a) Conduct a public hearing to receive comments on the Draft Substantial Amendment to the 2020-21 Annual Action Plan; City Council Meeting July 14, 2020 Page 4 b) Find the approval of the Substantial Amendment to the 2020-21 Annual Action Plan exempt from the National Environmental Policy Act ("NEPA") pursuant to 24 CFR Part 58, Section 58.34; c) Find the approval of the Substantial Amendment to the 2020-21 Annual Action Plan is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; d) Adopt Resolution No. 2020-69, A Resolution of the City Council of the City of Newport Beach, California, Approving a Substantial Amendment to the 2020-21 Annual Action Plan for the Federal Community Development Block Grant Program; and e) Authorize the City Manager to: 1. Submit the Substantial Amendment to the 2020-21 Annual Action Plan to HUD; 2. Execute the CDBG-CV Program Grant Agreement and all related documents on behalf of the City; 3. Execute the sub -recipient agreements with the nonprofit organizations receiving allocations of CDBG funds in the Substantial Amendment to the 2020-21 Annual Action Plan; and 4. Authorize the Community Development Director, or his/her designee, to be the official representative of the City of Newport Beach, and to submit required environmental documentation for CDBG projects. XI. CURRENT BUSINESS 13. Approval of COVID-19 Economic Relief Funding Support for the Balboa Island Merchants Association [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) Approve the Balboa Island Merchants Association (BIMA) Fiscal Year 2020-21 Proposed Projects and Budget, Profit and Loss Statement for FY 2019-20 and balance sheet of current assets; c) Authorize the City Manager to allocate $20,000 in COVID-19 Economic Relief Funding Support to BIMA in Fiscal Year 2020-21; and d) Authorize the City Manager to execute a grant agreement with BIMA for Fiscal Year 2020- 21. 15. Novel Coronavirus (COVID-19) Update [949-270-8165] An oral report will be provided. XII. 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. XIII. ADJOURNMENT Testimony given before the City Council is recorded.