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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA NOVEMBER 10, 2020 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:30 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/Interim Finance Director 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.gov. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, November 9, 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(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 newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 NOVEMBER 10, 2020 STUDY SESSION - 4:30 P.M. (PUBLIC WELCOME) CLOSED SESSION - FOLLOWS STUDY SESSION REGULAR MEETING - 6:00 P.M. ROLL CALL — 4:30 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Status of the General Plan Update [949-270-8165] With the comprehensive General Plan update placed on hold due to the focus on planning for 4,834 housing units as mandated by the State, staff will provide a presentation that will address when the City can refocus resources on updating the remaining elements of the General Plan. 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 LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Jeffrey Brouwer v. City of Newport Beach Workers' Compensation Appeals Board Case No. ADJ-11049116. V. RECESS VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION X. PLEDGE OF ALLEGIANCE 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 City Council Meeting November 10, 2020 Page 2 XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of reviewing the Newport Beach Municipal Code to strengthen short-term lodging enforcement [Dixon] • Review of short-term lodging transferability provisions [Brenner] 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— 11). 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 October 27, 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. ORDINANCE FOR ADOPTION 3. Ordinance No. 2020-27: Changes to Title 17.40 (Live Aboards) and Other Related Provisions a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15321 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. 2020-27, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 17.40 (Live-Aboards) of Title 17 (Harbor Code) of the Newport Beach Municipal Code and Other Related Provisions. RESOLUTION FOR ADOPTION 4. Resolution No. 2020-94: Approval of Measure M2 Expenditure Report 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. 2020-94, A Resolution of the City Council of the City of Newport Beach, California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the Fiscal Year Ending June 30, 2020. City Council Meeting November 10, 2020 Page 3 CONTRACTS AND AGREEMENTS 5. Concrete Street Pavement Reconstruction — Notice of Completion for Contract No. 7184- 2 (181121) and Approval of a Contract Change Order with S&H Civilworks (Contract No. 7753-2) a) Accept the completed work to date by Aramexx Construction on Contract No. 7184-2 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 then release Faithful Performance Bond one year after acceptance by the City Council; and c) Approve a Contract Change Order up to $924,732 (including $84,000 in contingency for unforeseen field conditions) with S&H Civilworks on Contract No. 7753-2 to complete the remaining concrete street replacement scope of work associated with the former Aramexx Construction Contract (No. 7184-2). 6. Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (21R15) — Approval of Professional Services Agreement with Stantec Consulting Services, Inc., Contract No. 7885-1 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; and b) Approve a Professional Services Agreement with Stantec Consulting Services, Inc. of Irvine, CA, for the Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion project at a not -to -exceed price of $298,764, and authorize the Mayor and City Clerk to execute the Agreement. 7. Balboa Crossing Improvement Project —Award of Contract No. 7288-2 (19T11) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (minor alteration of existing public facilities such as existing highways and streets, sidewalks, and gutters involving negligible or no expansion) of the CEQA Guidelines; b) Approve project drawings and specifications; c) Award Contract No. 7288-2 to GMC Engineering, Inc. for the total bid price of $880,000.10, and authorize the Mayor and City Clerk to execute the contract; and d) Establish $88,000 (approximately 10 percent) contingency to cover the cost of unforeseen work not included in the original contract. 8. Water Transmission Main (Phase 2) Valve Replacement — Award of Contract No. 7539-3 (18W12) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(c) (replacement of existing public facilities involving negligible or no 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 the project plans and specifications; c) Award Contract No. 7539-3 to Paulus Engineering, Inc. for the bid amount of $2,797,771 for the Water Transmission Main (Phase 2) Valve Replacement project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $280,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract. 9. Approval of California Office Emergency Services (Cal OES) Form 130, Designating Agents Necessary to Provide for All Matters Pertaining to State and Federal Emergency Management Agency (FEMA) Reimbursements 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 City Council Meeting November 10, 2020 Page 4 b) Approve Cal OES Form 130, authorizing the City Manager, the Finance Director or Police Chief to execute California Office of Emergency Services (Cal OES) and/or Federal Emergency Management Agency (FEMA) documents for present and future disaster relief applications. 10. Annual Reporting on Development Impact Fees and Development 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) Receive, review and file the Annual Reports on Development Impact Fees and Development Agreements. MISCELLANEOUS 11. Planning Commission Agenda for the November 5, 2020 Meeting Receive and file. 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 12. Annual Review of Zoning Implementation for Sierra by the Sea (PA2010-150) [949-270- 8165] a) Conduct a public hearing; b) Find this review exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because this review enforces an entitlement for use adopted by the City and has no potential to have a significant effect on the environment; c) Find that SBTS has demonstrated good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement; and d) Receive and file documents submitted by SBTS to demonstrate good faith compliance with the terms of the Zoning Implementation and Public Benefit Agreement. XIX. CURRENT BUSINESS 13. Resolution No. 2020-95: An Update to the Established Fair Market Value Per Acre for Assessing In -Lieu Park Dedication Fees [949-270-8165] a) Find the adoption of this resolution 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 b) Adopt Resolution No. 2020-95, A Resolution of the City Council of the City of Newport Beach, California, Establishing the Fair Market Value Per Acre to be Used in Assessing In -Lieu Park Dedication Fees Pursuant to Section 19.52.070 of the Newport Beach Municipal Code. City Council Meeting November 10, 2020 Page 5 14. Fire Station No. 2 — Financing Plan and Resolution Authorizing the Preparation, Sale and Delivery of Not to Exceed $10,000,000 Principal Amount of Certificates of Participation, and Award of Fire Station No. 2 Construction Contract No. 8269-2 (15F13) [949-270-8165] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In -Fill Development Projects) of the CEQA Guidelines. This exemption applies to in -fill development projects in urban areas that are consistent with the General Plan and applicable development standards. In addition, the proposed development must occur on a site of no more than five acres, have no value as habitat for endangered, rare or threatened species, be adequately served by all utilities and public services, and must not result in any significant effects relating to traffic, air quality, water quality, or any other significant effect on the environment due to an unusual circumstance; b) Adopt Resolution No. 2020-96, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Preparation, Sale and Delivery of Not to Exceed $10,000,000 Principal Amount of Certificates of Participation, Series 2020A (Fire Station No. 2 Project) and Approving Certain Documents and Authorizing Certain Actions in Connection Therewith; c) Approve the project drawings and specifications; d) Award Contract No. 8269-2 to R.C. Construction Services, Inc. for the total bid price of $6,289,000, and authorize the Mayor and City Clerk to execute the contract; e) Establish a contingency of $628,900 (approximately ten percent) to cover the cost of unforeseen work not included in the original contract; and f) Approve Amendment No. 2 to the current Professional Services Agreement with WLC Architects Inc. for a not to exceed fee of $92,000 for construction support services, and authorize the Mayor and City Clerk to execute the Agreement. 15. 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 Testimony given before the City Council is recorded. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.