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HomeMy WebLinkAbout00 - Agenda� �tiW PORT O � � n � z C�41 FORN�P CITY OF NEWPORT BEACH CITY COUNCIL AGENDA JUNE 28, 2022 CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED SESSION — 4:00 P.M. REGULAR MEETING — 4:30 P.M. KEVIN MULDOON, Mayor NOAH BLOM, Mayor Pro Tern BRAD AVERY, 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 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 JUNE 28, 2022 CLOSED SESSION — 4:00 P.M. REGULAR MEETING — 4:30 P.M. ROLL CALL — 4:00 p.m. PUBLIC COMMENTS 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: 1201 Dove Street, Newport Beach, California (APN 427-221-06). City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding Whitlinger, Real Property Administrator. Negotiating Parties: Parke Miller. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. IV. RECESS V. RECONVENE AT 4:30 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT Vill. INVOCATION — Reverend James Pike, Lutheran Church of the Resurrection, Huntington Beach IX. PLEDGE OF ALLEGIANCE X. 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. XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES City Council Meeting June 28, 2022 Page 2 XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Consider whether the City should adopt any additional local regulations related to electric bikes [Dixon] XIII. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 17). 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 June 14, 2022 City Council 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 No. 2022-14: Eastbluff Preferential Parking Zone Revisions 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. 2022-14, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 12.68.060(C) of the Newport Beach Municipal Code to Remove Certain Streets from the Preferential Parking Program in Zone "Y" Eastbluff. 4. Ordinance No. 2022-15: Approving a Military Equipment Use Policy for the Newport Beach Police Department 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) Conduct second reading and adopt Ordinance No. 2022-15, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Military Equipment Use Policy for the Newport Beach Police Department. City Council Meeting June 28, 2022 Page 3 RESOLUTIONS FOR ADOPTION 5. Resolution No. 2022-44: Adopting a Memorandum of Understanding with the Newport Beach Police Management Association (NBPMA) and Associated Salary Schedule 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. 2022-44, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Memorandum of Understanding Between the City of Newport Beach and the City of Newport Beach Police Management Association and Amending the Associated Salary Schedule; and c) Approve Budget Amendment No. 23-005 appropriating $177,877 in increased expenditures in various City division salary and benefit accounts from unappropriated General Fund balance. 6. Resolution No. 2022-45: CalRecycle Grant Funding and Approval of Amendment No. Three to On -Call Professional Services Agreement with EcoNomics, Inc. for Solid Waste Consulting 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; b) Adopt Resolution No. 2022-45, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Application(s) for All CalRecycle Grants for Which the City of Newport Beach is Eligible for Five (5) Years; c) Accept a CalRecycle SB 1383 Local Assistance grant award in the amount of $122,038; and approve Budget Amendment No. 23-002 to increase revenue by $122,038 in the CalRecycle grant account, 0108051-431490-G2280 and to increase expenditure appropriations by the same amount in the Refuse Professional Services account, 0108051-811008-G2280; and d) Approve Amendment No. Three to On -Call Professional Services Agreement with EcoNomics, Inc. for consulting and staff support services to assist the City with management of the City's Solid Waste program. CONTRACTS AND AGREEMENTS 7. Newport Pier and McFadden Plaza Area Rehabilitation (Project No. 22T12) —Approval of Professional Services Agreement with SWA Group 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 SWA Group of Laguna Beach, California, for the Newport Pier and McFadden Plaza Area Rehabilitation project at a total not -to -exceed price of $198,500, and authorize the Mayor and City Clerk to execute the Agreement on a form approved by the City Attorney. 8. Approval of Amendment No. Three to On -Call Professional Services Agreement with RJM Design Group, Inc. (Contract No. 8167-1) for Peninsula Gateway Improvement Project Design 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; City Council Meeting June 28, 2022 Page 4 b) Approve Amendment No. Three to the On -Call Professional Services Agreement with RJM Design Group, Inc. to add additional services, increase the total not -to -exceed amount by $69,910 for a total not -to -exceed amount of $189,910 and extend the term to June 30, 2023; and c) Authorize the Mayor and City Clerk to execute the agreement. 9. Approval of Professional Services Agreement with Anchor QEA, LLC for Regional General Permit (RGP-54) Sediment Suitability Characterization 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 Professional Services Agreement with Anchor QEA, LLC, for Regional General Permit Sediment Suitability Characterization for a total amount of $324,553, and authorize the Mayor and City Clerk to execute the agreement. 10. Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot (Project No. 15T09) — Reject All Bids for Contract No. 8020-6 a) Reject all bids received for Contract No. 8020-6 and direct staff to return all bidders bonds; and b) Direct staff to review and value engineer the design plans, and re -advertise the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project for construction. 11. Professional Services Agreements for Building and Fire Prevention Related 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; b) Approve and authorize the Mayor and City Clerk to execute a three-year Professional Services Agreement with The Code Group, dba VCA Code, for a not -to -exceed amount of $900,000; and c) Approve and authorize the Mayor and City Clerk to execute a three-year Professional Services Agreement with JLee Engineering, Inc., for a not -to -exceed amount of $360,000. 12. Approval of a Professional Services Agreement with Wittman Enterprises, LLC., to Provide Emergency Medical and Ambulance Billing 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 Professional Services Agreement with Wittman Enterprises, LLC., to provide emergency medical and ambulance billing services at a not to exceed amount of $950,000 for the term of the agreement and authorize the Mayor and City Clerk to execute the agreement. 13. Award of Contracts to Moss Adams LLP, Sjoberg Evashenk Consulting Inc., TAP International Inc., and Macias Gini & O'Connell 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 four, five-year term contracts for $250,000 with Moss Adams LLP, Sjoberg Evashenk Consulting Inc., TAP International Inc., and Macias Gini & O'Connell LLP to perform internal audit services work. City Council Meeting June 28, 2022 Page 5 14. Temporary Employment Agreement with Former Employee Anne Donnelly 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 Temporary Employment Agreement with former employee Anne Donnelly, who retired on December 19, 2020, to fill the position of Police Dispatcher - P/ T until all vacancies have been filled and authorize the City Manager to execute the agreement. MISCELLANEOUS 15. Confirmation of Voting Delegate and Alternates for the 2022 League of California Cities Annual Conference — September 7, 2022 to September 9, 2022 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) Designate Council Member Joy Brenner to be the Voting Delegate and Mayor Kevin Muldoon and City Council Will O'Neill to be the Alternate Voting Delegates at the League of California Cities Conference; and c) Direct the City Clerk to complete and submit the designation form to the League of California Cities. 16. Confirmation of Annual Citizen Member 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 the following reappointments to the Finance Committee: (1) Council Member Will O'Neill, who will serve as Chair, (2) Mayor Pro Tern Noah Blom, (3) Council Member Brad Avery, (4) John Reed based upon Mayor Kevin Muldoon's recommendation, (5) Nancy Scarbrough based upon Council Member Joy Brenner's recommendation, (6) Joe Stapleton based upon Council Member Diane Dixon's recommendation, and (7) William Collopy based upon Council Member Duffy Duffield's recommendation. 17. Confirmation of Appointments to the Aviation 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 Council Member Brad Avery's reappointment of Sharon Ray as the District 2 Member on the Aviation Committee for a term expiring June 30, 2028; c) Confirm Mayor Kevin Muldoon's reappointment of Ron Rubino as the District 4 Member on the Aviation Committee for a term expiring June 30, 2028; d) Confirm Council Member Joy Brenner's reappointment of Jeffrey Cole as the District 6 Member on the Aviation Committee for a term expiring June 30, 2028; e) Confirm Mayor Kevin Muldoon's reappointment of Jack Stranberg as the At -Large Member on the Aviation Committee for a term expiring June 30, 2028; and f) Direct the City Clerk to continue receiving applications for the District 1 Member and Newport Coast Resident Member seats on the Aviation Committee. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XV. ITEMS REMOVED FROM THE CONSENT CALENDAR City Council Meeting June 28, 2022 Page 6 XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS 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 18. Ordinance No. 2022-16: Amendment to The Tennis Club at Newport Beach Development Agreement No. DA2022-001 (PA2022-038) a) Conduct a public hearing; b) Find all significant environmental concerns for the Approved Project have been addressed in a previously approved Mitigated Negative Declaration No. ND2010-008 (SCH 2010091052) and an Errata to Mitigated Negative Declaration No. ND2010-008 (together referred as "MND"), and that the City of Newport Beach intends to use said document for the proposed First Amendment to Agreement, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with the First Amendment to Agreement; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022- 16, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Development Agreement Between the City of Newport Beach and Golf Realty Fund (PA2022-038), and pass to second reading on July 12, 2022. 19. 2022 Drinking Water Quality Report on Public Health Goals a) Conduct a public hearing; 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) Receive and file City of Newport Beach 2022 Drinking Water Quality Report on Public Health Goals. XVIII. CURRENT BUSINESS 20. Tustin Avenue Trial Street Closure 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) Direct staff to remove the temporary barricades on the north end of Tustin Avenue at Cliff Drive, returning the roadway to its prior condition, and reopen the roadway to vehicular traffic. 21. Balboa Island Teak Wood Bench Replacement Recommendation 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) Review and approve the following Parks, Beaches and Recreation Commission recommendations for replacing the existing teak wood benches on Balboa Island: i. Remove the teak wood benches in two or three phases (depending on their current state of repair) over the next couple of years and replace them with City purchased, unfinished jatoba wood benches, on the condition the new benches will never be refinished, but rather remain in a natural state and be allowed to grey with age, City Council Meeting June 28, 2022 Page 7 ii. Provide Public Works staff flexibility to explore and work with the Balboa Island community on the possibility of reducing the amount of benches, if appropriate, during the replacement of the teak wood benches, iii. Direct staff to follow City Council Policy B-17 (Parks, Facilities and Recreation Program Donations), no existing nor new donor plaques will be permitted on the replacement benches, and iv. Direct staff to use its best, reasonable efforts to contact the original teak wood bench donors to offer the opportunity to receive the donated bench and/or plaque (arrangements for any off -island pick-up/shipping will be the responsibility of the accepting party). If donors cannot be reasonably located or are uninterested in having the donated item returned to them, staff will explore options to have benches either donated to the Balboa Island Museum (for display, fund raising effort/sale, etc.), auctioned off through a public surplus auction, or finally, just disposed of. 22. Annual Appointments to Boards and Commissions 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) Make appointments to the Boards and Commissions from the nominees listed below. All new terms will be effective on July 1, 2022, with an expiration date of June 30, 2026: Board of Library Trustees [1 vacancy] Ash Kumra Jim Mosher Laurel Tippett Building and Fire Board of Appeals [2 vacancies] Bill Caskey (incumbent) Kenneth Kasdan J.R. Walz (incumbent) City Arts Commission [1 vacancy] John Blom Walt Howald Wayan Kaufman (incumbent) Civil Service Board (Council nominee) [1 vacancy] Matthew Parisi Sharon Wood (incumbent) Harbor Commission [3 vacancies] Ira Beer (incumbent) Antonella Castro Bill Peterson Rudy Svrcek Jordan Wachter Don Yahn (incumbent) Parks, Beaches & Recreation Commission [2 vacancies] Hassan Archer (incumbent) Diane Daruty (incumbent) Michael Rutledge Planning Commission [1 vacancy] Tristan Harris Jonathan Langford Debbie Stevens City Council Meeting June 28, 2022 Page 8 23. Resolution No. 2022-46: Declaring No Surplus Water and a Level Two Water Supply Shortage 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. 2022-46, A Resolution of the City Council of the City of Newport Beach, California, Declaring a Level Two Water Supply Shortage as Mandated by the State Water Board; and c) Direct staff to implement additional water conservation public education and use restrictions to conserve water. 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 Testimony given before the City Council is recorded. The timer light will turn yellow when the speaker has one minute remaining. The timer light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE