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HomeMy WebLinkAbout00 - AgendaAMENDED AGENDA — ADDED MATTERS FOR FUTURE AGENDA CITY OF NEWPORT BEACH CITY COUNCIL AGENDA FEBRUARY 9, 2021 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) REGULAR MEETING — 5:30 P.M. BRAD AVERY, Mayor KEVIN MULDOON, Mayor Pro Tem NOAH BLOM, Council Member JOY BRENNER, Council Member DIANE B. DIXON, Council Member DUFFY DUFFIELD, Council Member WILL O'NEILL, 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.goy. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, February 8, 2021, 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.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 FEBRUARY 9, 2021 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) REGULAR MEETING - 5:30 P.M. I. ROLL CALL — 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Orange County Human Relations Annual Report SS3. Current Status of the Housing Element Update Process [949-270-8165] Staff will present the current status of the Housing Element update process, with a discussion on housing site locations such as existing office, hotel, and light industrial sites; use of ADUs towards RHNA; fee impacts; latest schedule; and next steps. III. 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. IV. RECESS V. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. INVOCATION VIII. PLEDGE OF ALLEGIANCE IX. 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. X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XI. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of a resolution expressing support for actions to further strengthen local authority and control [Dixon] XII. 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— 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. City Council Meeting February 9, 2021 Page 2 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. XIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the January 26, 2021 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. ORDINANCES FOR ADOPTION 3. Ordinance Nos. 2021-1 and 2021-2: Approving Koll Center Newport Planned Community Development Plan Amendment and a Development Agreement for the Residences at 4400 Von Karman Project (PA2020-061) a) Find that Environmental Impact Report Addendum No. ER2020-003 for the Residences at 4400 Von Karman Project certified by the City Council on January 26, 2021 was prepared in compliance with California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3; b) Conduct second reading and adopt Ordinance No. 2021-1, An Ordinance of the City Council of the City of Newport Beach, California, Approving Planned Community Development Plan Amendment No. PD2020-001 for the Residences at 4400 Von Karman Project Located at 4400 Von Karman Avenue (PA2020-061); and c) Conduct second reading and adopt Ordinance No. 2021-2, An Ordinance of the City Council of the City of Newport Beach, California, Approving Development Agreement No. DA2020- 002 for the Residences at 4400 Von Karman Project Located at 4400 Von Karman Avenue (PA2020-061). RESOLUTIONS FOR ADOPTION 4. Resolution No. 2021-5: City Council Policy G -Series Revisions (City Trees) a) Determine this action is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the activities are in the classes of projects which have been determined not to have a significant effect on the environment; and b) Adopt Resolution No. 2021-5, A Resolution of the City Council of the City of Newport Beach, California, Adopting Revised City Council Policies G-1 (Retention, Removal and Maintenance of City Trees), G-3 (Preservation of Views), and G-6 (Maintenance and Planting of Parkway Trees). 5. Resolution No. 2021-9: Denying General Plan Amendment for the Shell Service Station Car Wash Located at 1600 Jamboree Road (PA2016-093) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review; and City Council Meeting February 9, 2021 Page 3 b) Adopt Resolution No. 2021-9, A Resolution of the City Council of the City of Newport Beach, California, Denying General Plan Amendment No. GP2018-001 and Conditional Use Permit No. UP2016-025 for the Addition of a Car Wash to the Existing Vehicle Service Station Located at 1600 Jamboree Road (PA2016-093). CONTRACTS AND AGREEMENTS 6. 2019-2020 Tidegate Improvement Project — Notice of Completion for Contract No. 7464-1 (19F03) 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. 7. Police Station Gun Range Remodel —Notice of Completion for Contract No. 7080-1 (19F12) 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 the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. 8. Police Station Locker Room Remodel — Award of Contract No. 7872-1 (21 F12) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Award Contract No. 7872-1 to Optima RPM, Inc. (Optima RPM) for the total bid price of $762,000.00 (base bid plus additive bid item), and authorize the Mayor and City Clerk to execute the contract; d) Establish $78,000.00 (approximately 10 percent) contingency to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 21-030 appropriating $366,254.06 in increased expenditures in Account No. 57101-980000-21F12 from Asset Forfeiture Fund and General Fund unappropriated fund balances. 9. Police Station Locker Room Remodel — Approval of Purchase Agreement for Locker Room Lockers a) Determine that this purchase is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve a Purchase Agreement with Gatehouse MSI, LLC dba McMurray Stern for the purchase of Spacesaver Corporation brand lockers at a not -to -exceed price of $344,546.13, and authorize the Mayor and City Clerk to execute the Agreement; and c) Approve Budget Amendment No. 21-029 appropriating $336,964.43 in increased expenditures in Account Nos. 1050063-911024; 1050061-911024; and 1050062-911024 from Asset Forfeiture Fund unappropriated fund balance. 10. Amendment No. Two to Agreement with Urban Graffiti Enterprises, Inc. for Graffiti Abatement 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 City Council Meeting February 9, 2021 Page 4 b) Approve Amendment No. Two with a nine-month extension to the Maintenance Service Agreement with Urban Graffiti Enterprises, Inc. for graffiti abatement services with a total increase in contract compensation of $210,000, and authorize the Mayor and City Clerk to execute the agreement. 11. Award of On -Call Plumbing Maintenance and Repair Services Agreements with Verne's Plumbing, Inc. and PHA Professional 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; and b) Approve On -Call Plumbing Maintenance and Repair Service Agreements with Verne's Plumbing Services, Inc. and with PHA Professional Services Inc., with each agreement being for a three-year term and total amount not -to -exceed $155,000, and authorize the City Mayor and City Clerk to execute the agreements. MISCELLANEOUS 12. Confirmation of Mayor Brad Avery's City Council Appointment 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; b) Confirm Mayor Brad Avery's appointment of Council Member Noah Blom to serve on the Finance Committee. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165] XV. 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. XVI. PUBLIC HEARINGS 13. Ordinance No. 2021-4: Amending the Local Coastal Program Implementation Plan to Include Balboa Village Parking Management Overlay District and Plan (PA2017-046) [949-270-8165] a) Conduct a public hearing; b) Find the action statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program; and c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2021-4, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2017-001 as Modified by the California Coastal Commission to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to the Parking Management Overlay District and Plan (PA2017-046), and pass to second reading on February 23, 2021. 14. Local Coastal Program Amendment related to Restricting Short Term Lodging on Newport Island Title 21 (PA2020-326) [949-270-8165 — Public comments will be accepted related to the continuance of the item] Receive and file. City Council Meeting February 9, 2021 Page 5 XVII. CURRENT BUSINESS 15. Presentation of Phase VI Recommendations for Sculpture Exhibition in Civic Center Park [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) Approve the 10 sculptures, three alternates and the proposed locations within Civic Center Park as recommended by the City Arts Commission for the temporary sculpture exhibit. 16. Coronavirus (COVID-19) Update [949-270-8165] An oral report will be provided. XVIII. 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. XIX. ADJOURNMENT — In memory of John Kruse Testimony given before the City Council is recorded. 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