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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA SEPTEMBER 22, 2020 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED SESSION — 4:00 P.M. 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(o)newportbeachca.gov. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, September 21, 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(o)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). _WT V NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 SEPTEMBER 22, 2020 CLOSED SESSION — 4:00 P.M. REGULAR MEETING — 5:00 P.M. ROLL CALL — 4:00 p.m. 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. CLOSED 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. B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 2 matters RECESS RECONVENE AT 5:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION IX. PLEDGE OF ALLEGIANCE X. PRESENTATIONS • Proclamation Recognizing International Literacy Day • Southern California Edison (SCE) Update on Wildfire Prevention and Mitigation Strategies 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. City Council Meeting September 22, 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 • Consideration of opening parks and playground equipment [Muldoon] • Resolution to announce the City's commitment to end child marriage in California [Dixon] 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 September 8, 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. RESOLUTIONS FOR ADOPTION 3. Resolution No. 2020-79: Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program 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. 2020-79, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Mayor and City Manager, or Designees, to Execute Agreements and Amendments with the Department of Health Care Services (DHCS) and CalOptima to Participate in the Rating Period of July 2019 through December 2020 Medi -Cal Rate Range Intergovernmental Transfer (IGT) Program; c) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement Regarding Transfer of Public Funds with the California Department of Health Care Services; d) Authorize the Mayor and City Clerk to execute the Health Plan -Provider Agreement Intergovernmental Transfer Rate Range Program Agreement with CalOptima; and e) Approve Budget Amendment No. 2020-010 increasing revenue estimates and expenditure appropriations related to the Medi -Cal IGT Program. Additional revenues are estimated to be up to $1,015,975 in Medi -Cal IGT Program funds (account number 01040404-431246) and increased expenditure appropriations are estimated to be up to $549,858 in Medi -Cal IGT Program expenditures (account number 01040404- 821008). City Council Meeting September 22, 2020 Page 3 4. Resolution No. 2020-80: Supporting the Newport Beach Fire Department 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) Adopt Resolution No. 2020-80, A Resolution of the City Council of the City of Newport Beach, California, Supporting the Newport Beach Fire Department. 5. Resolution No. 2020-81: Supporting the Criminal Sentencing, Parole, and DNA Collection Initiative (Proposition 20) 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) Adopt Resolution No. 2020-81, A Resolution of the City Council of the City of Newport Beach, California, Supporting Proposition 20, the "Reducing Crime and Keeping California Safe Act. " 6. Resolution No. 2020-82: Opposing California Proposition 15 — "Tax on Commercial and Industrial Properties for Education and Local Government Funding Initiative (2020)" 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) Adopt Resolution No. 2020-82, A Resolution of the City Council of the City of Newport Beach, California, Opposing California Proposition 15, Entitled, "Tax on Commercial and Industrial Properties for Education and Local Government Funding Initiative (2020)." CONTRACTS AND AGREEMENTS 7. Civic Center Park Pathway Replacement — Award of Contract No. 7879-1 (21 P12) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (d) (Restoration of deteriorated or damaged existing facility) of the CEQA Guidelines, because this project results in negligible or no expansion of existing capacity; b) Approve the project drawings and specifications; c) Award Contract No. 7879-1 to Civic Construction Associates for the total base bid amount of $155,000.00, and authorize the Mayor and City Clerk to execute the associated construction contract; and d) Establish $31,000.00 (approximately 20 percent) contingency to cover the possible cost of unforeseen conditions, as well as some anticipated extra work and/or material quantities. 8. Approval of Agreement for Landscaping Maintenance of Medians and Roadsides with BrightView Landscape Services, 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; b) Approve a one-year agreement with six one-year term extensions with BrightView Landscape Services, Inc. for the Landscape Maintenance of Medians and Roadsides, for a total not -to -exceed amount of $16,350,000 and authorize the Mayor and City Clerk to execute the agreement; and c) Approve Budget Amendment No. 21-011 appropriating $109,040 in increased expenditures in Account No. 0108031-811018 from the General Fund unappropriated fund balance and $63,800 in increased expenditures in the Water Utilities facility maintenance account (7019052-851062) from the Water Enterprise Fund unappropriated fund balance to fund services in FY 2020-21. The increased annual cost of $298,000 will be included in the FY 2021-22 budget. City Council Meeting September 22, 2020 Page 4 9. Award of Maintenance and Repair Services Agreement with Quality Commercial Cleaning, Inc., DBA Spectrum Facility Maintenance, for Sidewalks, Piers and Public Area Steam Pressure Washing 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) Approve a five-year agreement with Spectrum Facility Maintenance for Sidewalk, Piers and Public Area Steam Pressure Washing maintenance services for a total not -to -exceed amount of $1,471,703 and authorize the Mayor and City Clerk to execute the agreement. 10. Architecture Services — Amendment No. Three to On-call Professional Services Agreement with WLC Architects, Inc. (Contract No. 8122-1) 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; b) Approve Amendment No. Three to WLC's PSA, to add $75,000 to the current contract for a total not -to -exceed amount of $350,000; and c) Authorize the Mayor and City Clerk to execute the amendment. 11. Approval of Beach Fire Rings Security Professional Services Agreement with Lyons Security Service, 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 it will not result in a physical change to the environment, directly or indirectly; and b) Approve a professional services agreement for beach security services relating to City -owned fire rings with Lyons Security Service, Inc. of Anaheim, California ("Lyons") in an amount not to exceed $320,000 ("Agreement"), and authorize the Mayor and City Clerk to execute the Agreement. MISCELLANEOUS 12. Planning Commission Agenda for the September 17, 2020 Meeting Receive and file. 13. Budget Amendment to Accept a Check from the Victor Klein Trust on behalf of the Newport Beach Public Library Foundation 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 b) Approve Budget Amendment No. 21-008 to increase revenue estimates by $25,000 for Library Foundation Donations (Account 0106051-511085) and to increase expenditure appropriations by the same amount in the Division Library Foundation division (Org No. 0106051). 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. City Council Meeting September 22, 2020 Page 5 XVIII. PUBLIC HEARINGS 14. Community Development Block Grant Program Year 2019-20, Consolidated Annual Performance and Evaluation Report [949-270-8165] a) Hold a public hearing to receive comments on the Program Year 2019-20 CAPER; b) Find this activity 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; c) Approve the Program Year 2019-20 CAPER; and d) Authorize the City Manager or her designee to submit the Program Year 2019-20 CAPER to HUD. 15. 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. 2020-83, A Resolution of the City Council of the City of Newport Beach, California, Finding 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 is Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Airport Land Use Commission's Determination that it is Inconsistent with the Airport Environs Land Use Plan for the John Wayne Airport (PA2014-225); c) Adopt Resolution No. 2020-84, A Resolution of the City Council of the City of Newport Beach, California, adopting General Plan Amendment No. GP2014-004 and Waiving General Plan Policies LU 6.15.7 and LU 6.15.13 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); d) Waive full reading, direct the City Clerk to read by title only, and adopt 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. PC2020-002 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 e) Waive full reading, direct the City Clerk to read by title only, and adopt 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). 16. Resolution No. 2020-85: Approval of Short Term Lodging Permit and Renewal Fees [949-270-8165] a) Conduct a public hearing to receive comments on the initial Short Term Lodging Permit and Short Term Lodging Permit Renewal fees; 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; and c) Adopt Resolution No. 2020-85, A Resolution of the City Council of the City of Newport Beach, California, Modifying the Schedule of Rents, Fines, and Fees and Adopting Short Term Lodging Permit Initial Fee and Renewal Fee. City Council Meeting September 22, 2020 Page 6 XIX. CURRENT BUSINESS 17. Ordinance No. 2020-24: Amending Chapter 12.54 of the Newport Beach Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program [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; b) Waive full reading, read by title only, introduce Ordinance No. 2020-24, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 12.54 of Title 12 of the Newport Beach Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program and pass to second reading on October 13, 2020; and c) Provide staff with further direction regarding implementation of a prohibition of motorized or other transportation devices, including electric bicycles, on the Oceanfront Boardwalk. 18. 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 Tom Naughton Testimony given before the City Council is recorded.