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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA SEPTEMBER 8, 2020 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING — 6:00 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@newportbeachca.gov. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, September 7, 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(cDnewportbeachca.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 newportbeachca.gov). IV NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 SEPTEMBER 8, 2020 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING — 6:00 P.M. ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Proclamation Recognizing September 17-23, 2020 as Constitution Week SS3. Short Term Lodging [949-270-8165] The Council Ad Hoc Committee on Short Term Lodging will update and seek input from the City Council on recommendations for the next phase of changes to the short term lodging ordinance. PUBLIC COMMENTS ON CLOSED SESSION [949-270-8165] The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on 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. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 883 W 15th Street, Newport Beach, CA 92660 APN: 424-011-37 Agency Negotiators: Seimone Jurjis, Community Development Director Lauren Wooding Whitlinger, Real Property Administrator Negotiating Parties: David Bahnsen for Pacifica Christian High School — Orange County Under Negotiation: Instruct negotiators as to price and terms of payment. V. RECESS VI. VII. VIII IX. X. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING ROLL CALL CLOSED SESSION REPORT INVOCATION PLEDGE OF ALLEGIANCE City Council Meeting September 8, 2020 Page 2 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 XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA Consideration of an emergency ordinance to enforce State guidance on face coverings by administrative citation [Brenner] (On August 26, 2020, Mayor Pro Tem Avery, who was one of three Council Members who voted in favor of having this item return to the City Council with greater detail for discussion and/or action, informed the City Manager, in writing, that he would like this item reconsidered. The City Council will reconsider this item at the September 8, 2020, City Council meeting.) • Consideration of opposing Proposition 15 [Dixon & O'Neill] • Consideration of ways to expand the Newport Beach Municipal Code to address code violations, including short term lodging, fireworks, and noise complaints [Dixon] • Consideration of supporting Proposition 20 [Muldoon] • Resolution to Express the City Council's Appreciation to the Newport Beach Fire Department for All the Mutual Aid Provided During 2020 [O'Neill] XIV. PUBLIC COMMENTS ON CONSENT CALENDAR [949-270-8165] 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. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the August 25, 2020 City Council Regular 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. City Council Meeting September 8, 2020 Page 3 ORDINANCE FOR ADOPTION 3. Ordinance No. 2020-20: Non -Exclusive Commercial Solid Waste Franchise Agreements 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) Conduct second reading and adopt Ordinance No. 2020-20, An Ordinance of the City Council of the City of Newport Beach, California, Granting the 2020 Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services within the City of Newport Beach to the 15 so named companies. RESOLUTION FOR ADOPTION 4. Resolution No. 2020-77: Acceptance of the State of California, Department of Parks and Recreation, Division of Boating and Waterways Grant for Replacement of the City's Public Vessel Sewage Pumpout Stations a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Adopt Resolution No. 2020-77, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Grant Agreement C8963454 between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beach For Seventy -Five Percent of the Replacement Cost for Five Public Vessel Sewage Pumpout Stations in Newport Harbor, - c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the replacement of the City's public vessel sewage pumpout stations throughout Newport Harbor; and d) Approve Budget Amendment No. 21-004 recognizing $79,705.57 in increased grant contributions in Account No. 13501-431385-20H13 and appropriates $79,705.57 in increased expenditures for the Vessel Sewage Pumpout Replacement improvement project (Account No. 13501-980000-20H13). CONTRACTS AND AGREEMENTS 5. Annual Concrete Replacement Program — Notice of Completion for Contract No. 7682-1 (20R06) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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 Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 6. West Coast Highway Median Landscaping Phase 2 — Notice of Completion for Contract No. 7189-2 (181_11) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; 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 Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. City Council Meeting September 8, 2020 Page 4 7. FY 2019-20 Streetlight Improvement Project (Eastbluff) — Award of Contract No. 7661-2 (20V02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Relieve Alfaro Communications Construction, Inc. (ACCT) of their bid; d) Award Contract No. 7661-2 to International Line Builders, Inc. for the total bid price of $723,858 (base bid plus additive bid items), and authorize the Mayor and City Clerk to execute the contract; and e) Establish and encumber a $74,142 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract. 8. Approval of a Purchase Agreement with South Coast Fire Equipment, Inc. for Pierce Manufacturing 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; b) Waive City Council Policy F-14; and c) Approve a Purchase Agreement with South Coast Fire Equipment, Inc. for a not to exceed amount of $1,629,343.01 for the purchase of two, Pierce Manufacturing Type 1 Fire Apparatus. 9. Services Agreement for Public Safety Helicopter Services with the City of Huntington Beach 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 it will not result in a physical change to the environment, directly or indirectly; and b) Approve the services agreement for public safety helicopter support between the City of Huntington Beach and the City of Newport Beach, and authorize the Mayor and City Clerk to execute the Agreement. 10. Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement Program Grant 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; b) Authorize the Mayor to sign the Selective Traffic Enforcement Program (STEP) Grant Agreement and accept a $237,000 award granted to the NBPD by the OTS pursuant to City Council Policies F-3 and F-25. To comply with City Council Policy F-3, the City Council must formally accept the award of $237,000 and create a new appropriation to expend the funds; and c) Approve Budget Amendment No. 21-001 increasing NBPD revenue estimates and expenditure appropriations by $237,000. MISCELLANEOUS 11. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library and Appropriate Funds to the Library's Fiscal Year 2020-21 Maintenance and Operation 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 City Council Meeting September 8, 2020 Page 5 b) Accept a check in the amount of $200,000 from the Friends of the Newport Beach Library and approve Budget Amendment No. 21-003 to increase expenditures by the same amount in Division 0106052 (Friends of the Library). 12. City Hall and Limited Off -Site Holiday Closure from Thursday, December 24, 2020 through Friday, January 1, 2021 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 closing the Civic Center and providing limited services at off-site facilities from Thursday, December 24, 2020 through Friday, January 1, 2021. All facilities would reopen on Monday, January 4, 2021. The proposed closure does not apply to public safety services or emergency on-call functions. 13. Response to the Recommendations of the Orange County Grand Jury Report "Protecting Those Who Protect and Serve" 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 and send the response. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165] XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS [949-270-8165] 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. Ordinance Nos. 2020-22 and 2020-23: Newport Airport Village Planned Community Development Plan (PA2014-225) [949-270-8165] a) Conduct a public hearing; b) Adopt Resolution No. 2020-78, A Resolution of the City Council of the City of Newport Beach, California, Adopting Environmental Impact Report Addendum No. ER2020-002 to the 2006 General Plan Update Program Environmental Impact Report and 2014 General Plan Land Use Element Update Supplemental Environmental Impact Report for the Newport Airport Village Planned Community Development Located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, and 4647 Macarthur Boulevard (PA2014-225); c) Waive full reading, direct the City Clerk to ready by title only, introduce Ordinance No. 2020- 22, An Ordinance of the City Council of the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2014-009 and Planned Community Development Plan No. PC2020-02 Establishing the Newport Airport Village Planned Community Development Plan Located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, and 4647 Macarthur Boulevard (PA2014-225), and pass to second reading on September 22, 2020; and City Council Meeting September 8, 2020 Page 6 d) Waive full reading, direct the City Clerk to ready by title only, introduce Ordinance No. 2020- 23, An Ordinance of the City Council of the City of Newport Beach, California, Approving Development Agreement No. DA2014-003 for the Newport Airport Village Planned Community Development for the Property Located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, and 4647 Macarthur Boulevard (PA2014-225), and pass to second reading on September 22, 2020. M, K: 411100 =1ki119 111.111z1*11.1 15. Emergency Ordinance No. 2020-008: Mandatory Social Distancing, Face Coverings, and Restrictions on Walk -Up Bars for Eating and Drinking Establishments [949-270-8165] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency), Section 15301 Class 1 (Existing Facilities), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions necessary to prevent or mitigate an emergency; 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. 2020-008, An Emergency Ordinance of the City Council of the City of Newport Beach, California, Adopting a One Person, One Seat, Rule within the City of Newport Beach and Administrative Procedures for Enforcement Thereof. 16. Coronavirus (COVID-19) Update [949-270-8165] 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 — In memory of George Argyros Jr. Testimony given before the City Council is recorded.