HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
APRIL 13, 2021
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 — 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 COVID-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. 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.goy. To give the City Council adequate time to review your questions and comments, please
submit your written comments by Monday, April 12, 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@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(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
APRIL 13, 2021
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 5:30 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. National Library Week Proclamation
SS3. DMV/Donate Life California Month Proclamation
SS4. Crystal Cove Cottage Presentation
SS5. Balboa Island Drainage [949-270-8165]
Staff will present an Island -wide automated drainage concept plan that would eventually
replace the original street end drain and manually operated tide valve system to provide
increased and reliable flood protection on Balboa Island. The proposed drainage concept
would include a stormwater pump station located at the west end of the Island and a new
underground storm drain system that would protect the island from flooding up to a 100 -year
rain event.
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. CLOSED SESSION — After Study Session — Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 Matter
Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and
944 Via Lido Nord (423-281-10) (approximately 845 square feet).
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Whitlinger,
Real Property Administrator.
Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the 944 Via
Lido Nord Trust.
Under Negotiation: Instruction to City Negotiator regarding price and terms of payment.
V. RECESS
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
City Council Meeting
April 13, 2021
Page 2
VIII. CLOSED SESSION REPORT
IX. INVOCATION
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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. 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- 14). 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
1. Minutes for the March 23, 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.
RESOLUTION FOR ADOPTION
3. Resolution No. 2021-27: Acceptance State of California, Department of Parks and
Recreation, Division of Boating and Waterways Grant for Reimbursement of the Cost for
Two Zodiak Pro Classic Safety Boats for the Marina Park Sailing Program
a) Find this action is not subject to 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,
Division 6, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly;
b) Adopt Resolution No. 2021-27, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Acceptance of Aquatic Center Grant FY 2020-21 (C8965309) Grant
Agreement Between the State of California Department of Parks and Recreation, Division of
Boating and Waterways and the City of Newport Beach for Reimbursement of the Cost for
Two Zodiak Pro Classic Safety Boats for the Marina Park Sailing Program;
City Council Meeting
April 13, 2021
Page 3
c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent
related documents as may be related to the reimbursement of the City's two Zodiak Pro Class
safety boats; and
d) Approve Budget Amendment No. 21-034 to record and appropriate $40,000 in grant revenue
from the State of California Division of Boating and Waterways to Marina Park - Equipment
NOC account 0107023-911024 and $40,000 in expenditure appropriations to Marina Park -
Equipment NOC account 0107023-911024.
CONTRACTS AND AGREEMENTS
4. Newport Pier Area Water Main Replacement — Notice of Completion for Contract No. 7631-
2 (20W11)
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.
5. Mission Bay Drive Drainage Project — Notice of Completion for Contract No. 7889-1
(21 R03)
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. Sewer & Storm Drain Systems Rehabilitation Project — Notice of Completion for Contract
No. 7538-1 (18503 & 191302)
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. Balboa Island Drainage Master Plan/Pump Station — Approval of Amendment No. 2 to
Pacific Advanced Civil Engineering Inc. Professional Services Agreement (Project
No. 191311)
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 Amendment No. 2 to the Professional Services Agreement with PACE of Fountain
Valley, California, for Balboa Island Drainage Master Plan/Pump Station project at a not -to -
exceed fee of $798,506.00, and authorize Mayor and City Clerk to execute the Agreement.
8. Bay Crossing Water Mains and Sewer Force Main Replacement Project (16W12) —
Approval of Professional Services Agreement with Dudek, Contract No. 8487-2
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 Dudek of San Juan Capistrano, California,
for the Bay Crossing Water Mains and Sewer Force Main Replacement project at a not -to -
exceed price of $1,222,533.00, and authorize the Mayor and City Clerk to execute the
Agreement.
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April 13, 2021
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9. Commercial Marina Lease for Balboa Boat Yard with Use of a Portion of the Public
Tidelands in the Street -End at 26th Street
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, California Code of Regulations, Title 14, Chapter 3; and
b) Authorize the City Manager and City Clerk to execute a five-year Lease Agreement
("Agreement") for use of the City -managed tidelands adjacent to 2414 Newport Boulevard
and in the 26th Street street -end, in a form substantially similar to the agreement prepared by
the City Attorney.
10. Authorization for Two Agreements with Special Order Systems, Inc. for a Wireless Phone
System for Lifeguard Towers and Lifeguard Headquarters
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 bidding requirements as described in City Council Policy F-14 due to contractor being
the sole source provider;
c) Authorize the City Manager and City Clerk to execute an installation agreement with Special
Order Systems, Inc., the sole provider of exclusive proprietary wireless phone system
communications equipment to be installed at the Fire Department's lifeguard towers and
lifeguard headquarters, for a not -to -exceed amount of $55,000, in a form substantially similar
to the agreement attached to the staff report and subject to approval as to form by the City
Attorney;
d) Authorize the City Manager and City Clerk to execute a five-year equipment lease agreement
with Special Order Systems, Inc., the sole provider of proprietary wireless phone system
communications equipment for the lease of such equipment at the Fire Department's
lifeguard towers and lifeguard headquarters, for a not -to -exceed amount of $505,000, in a
form substantially similar to the agreement attached to the staff report and subject to approval
as to form by the City Attorney; and
e) Approve Budget Amendment No. 21-035 appropriating $146,764 to the Information
Technology Telecomm Datalines Account (76420203-831001).
11. Professional Services Agreement with Newport Beach & Company for Government
Access Channel Management (NBTV) and Video Production 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) Execute a two-year Professional Services Agreement with Newport Beach & Company for
Management of NBTV Programming and Operations, with an option to extend the agreement
for two one-year terms. The total not -to -exceed amount of $502,788.29.
12. Award of Contract to Moss Adams LLP for Internal Audit 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 and City Clerk to sign a one-year term contract for $120,000 with Moss
Adams LLP to perform internal control audit work.
MISCELLANEOUS
13. Planning Commission Agenda for the April 8, 2021 Meeting
Receive and file.
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Page 5
14. Update on Summer 2021 Balboa Peninsula Trolley Operation
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) Commence with the 2021 Summer Balboa Peninsula Trolley operation on weekends with a
delayed start date of Saturday, June 26, and running through the Labor Day holiday,
September 6.
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 [949-270-8165]
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.
XVII. PUBLIC HEARINGS
15. Proposed Assessment District No. 120 — Area Along Santa Ana Avenue Between
Old Newport Boulevard and Cliff Drive [949-270-8165]
a) Open public hearing on the formation of Assessment District No. 120; Hear public testimony
from those who desire to speak; Close the public hearing; and direct the City Clerk to tabulate
the ballots and report the result; and
b) If there is greater than or equal to 50% of weighted "Yes" votes versus "No" votes submitted,
a majority protest by ballot procedure does not exist and the District may be formed. If it is
desired to form the District, take the following actions:
i. Adopt Resolution No. 2021-28, A Resolution of the City Council of the City of Newport
Beach, California, Making Determinations, Confirming Assessments and Proceedings,
and Designating the Superintendent of Streets to Collect and Receive Assessments and
to Establish a Special Fund for City of Newport Beach Assessment District No. 120, and
ii. Approve Budget Amendment No. BA -037 authorizing an advance from the General Fund
in the amount of $165,000 to be repaid from Bond Proceeds and cash contributions from
Assessment District No. 120 and appropriating $75,000 to Account No. 66902-941027
for electrical utility design by SCE, $25,000 to Account No. 66902-941005 for phone and
cable system design by AT&T and Spectrum, $50,000 to Account No. 66902-941008 for
City Administration, and $15,000 to Account No. 66902-941012 for Bond Counsel.
Funds remaining in any fiscal year will be carried forward to future annual budgets per
Council Policy F-3; OR
c) If desired not to form the District, adopt Resolution No. 2021-29, A Resolution of the City
Council of the City of Newport Beach, California, Declaring Abandonment of Proceedings for
City of Newport Beach Assessment District No. 120.
16. Resolution No. 2021-30: Local Coastal Program Amendment Related to Short Term
Lodging on Newport Island (PA2020-326) [949-270-8165]
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3),
and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section
15061(b)(3) because it has no potential to have a significant effect on the environment; and
City Council Meeting
April 13, 2021
Page 6
c) Adopt Resolution No. 2021-30, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-008 to
the California Coastal Commission, an Amendment to Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code Related to Short -Term Lodging
on Newport Island (PA2020-326).
XVIII. CURRENT BUSINESS
17. Coronavirus (COVID-19) Update [949-270-8165]
An oral report will be provided.
XIX. 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.
XX. ADJOURNMENT — In memory of Frank Trane
Testimony given before the City Council is recorded.
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