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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JULY 9, 2019
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
REGULAR MEETING - 7:00 P.M.
DIANE B. DIXON, Mayor
WILL O'NEILL, Mayor Pro Tem
BRAD AVERY, Council Member
JOY BRENNER, 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
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
The City provides a yellow sign -in card for those wishing to address the City Council to assist in the preparation of the minutes.
The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to
addressing the City Council. If you do fill out the card, please place it in the box at the podium. 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 at the City Clerk's Office located at 100 Civic Center
Drive (Bay E, 2nd Floor). Staff reports or other written documentation have been prepared or organized with respect to each
item 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,
minutes 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 Leilani Brown, City Clerk, prior to the meeting to inform us of
your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(o)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
JULY 9, 2019
REGULAR MEETING - 7:00 P.M.
CALL MEETING TO ORDER
ROLL CALL
III. INVOCATION — Reverend James Pike, Lutheran Church of the Resurrection
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V. NOTICE TO THE PUBLIC
The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of
the card is not required in order to address the City Council. If the optional sign -in card has been
completed, it should be placed in the box provided at the podium.
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. As a courtesy, please turn cell phones off or set them in the
silent mode.
VI. PRESENTATIONS
A. Recognition to Debbie Brostek for Her Efforts with the Newport Harbor High School
Mentorship Program
B. Orange County Human Relations Annual Report
Representatives from the non-profit organization will present the OCHR's accomplishments,
goals and focus area for 2019 and beyond.
VII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
VIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of Forming a Traffic Affairs Committee (Brenner)
IX. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1 - 16). 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.
City Council Meeting
July 9, 2019
Page 2
X. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the June 25, 2019 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.
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3. Ordinance No. 2019-11: Amending the Newport Beach Municipal Code to Allow
Homeowners' Associations to Opt Out of the Saturday Construction Noise Restrictions
and Project Signage Requirements
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) Introduce Ordinance No. 2019-11, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Sections 10.28.040 and 15.16.010 of the Newport Beach
Municipal Code, to Provide a Process for Homeowners' Associations to Opt Out of Saturday
Construction -Related Noise Regulations and Temporary Construction Project Signage
Requirements, and pass to second reading on July 23, 2019.
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4. Resolution No. 2019-66: Acceptance of Grant Funds from the California Department of
Alcoholic Beverage Control
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 the grant contract and accept the California Department of Alcoholic Beverage
Control (ABC) 2019-20 Alcohol Policing Partnership Program (APP) grant award in the
amount of $25,000, and authorize the Chief of Police to execute the agreement;
c) Approve Budget Amendment No. 20-001 CC to increase revenue estimates by $25,000 in
the ABC grant account, No. 01035352-431472-G2002, and to increase expenditure
appropriations by the same amount in the Detective division; and
d) Adopt Resolution No. 2019-66, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Acceptance of the California Department of Alcoholic Beverage
Control FY 2019-20 Alcohol Policing Partnership Grant Award and Authorizing the Chief of
Police to Act as 'Authorized Agent" to Execute on Behalf of the City Any Documents and
Take Any Action Necessary to Secure Payment and Implementation of the Grant to
Supplement the Police Department's Alcohol Education and Enforcement Efforts.
5. Resolution No. 2019-67: Participation in the Medi -Cal Managed Care Rate Range
Intergovernmental Transfer Program to Increase Reimbursement for Ambulance
Transport 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;
City Council Meeting
July 9, 2019
Page 3
b) Adopt Resolution No. 2019-67, 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 Fiscal Year 2018-2019 Medi -Cal Rate Range Intergovernmental Transfer
(IGT) Program; and
c) Approve Budget Amendment No. 20-002CC increasing revenues estimates and expenditure
appropriations related to the Medi -Cal IGT Program. Additional revenues are estimated at
$643,254 in account number 01040404-431246 (Medi -Cal IGT Program) and increased
expenditure appropriations are estimated at $321,768 in expenditure account number
01040404-821008 (Medi -Cal IGT Program).
6. Resolution No. 2019-68: Increase of On -Street Parking Time Limit on Coast Highway
within Corona del Mar Commercial District
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. 2019-68, A Resolution of the City Council of the City of Newport Beach,
California, Limiting the Parking of Vehicles on Certain Streets and Repealing Resolution
No. 2016-36.
7. Resolution No. 2019-69: Formation of an Ad Hoc Committee on Short Term Lodging
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. 2019-69, A Resolution of the City Council of the City of Newport Beach,
California, Creating an Ad Hoc Committee on Short Term Lodging; and
c) Confirm Mayor Diane B. Dixon's appointments of Mayor Diane B. Dixon, Council Member
Joy Brenner, and Council Member Jeff Herdman to the Ad Hoc Committee on Short Term
Lodging.
8. Resolution No. 2019-70: Establishment of a Design Committee for the Proposed Newport
Beach Library Lecture Hall
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) Adopt Resolution No. 2019-70, A Resolution of the City Council of the City of Newport Beach,
California, Creating a Newport Beach Library Lecture Hall Design Committee; and
c) Confirm Mayor Diane B. Dixon's appointments of Mayor Diane B. Dixon, Karen Clark, Jill
Johnson -Tucker, Janet Ray, and Matthew Witte to the Library Lecture Hall Design
Committee.
CONTRACTS AND AGREEMENTS
9. Balboa Village Streetscape Improvements — Notice of Completion for Contract No. 7489-1
(17R11)
a) On November 13, 2018, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
c) 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
d) Release Faithful Performance Bond one year after acceptance by the City Council.
City Council Meeting
July 9, 2019
Page 4
10. Water Well Rehabilitation (Tamura Deep Well) — Award of Contract No. 7427-2 (19W04)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no
expansion of capacity) of the CEQA Guidelines, because this project has no potential to have
a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No 7427-2 to General Pump Company, Inc. for the total bid price of
$473,660.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $48,000.00 (approximately 10 percent of total bid) to cover the
cost of unforeseen work not included in the original contract.
11. Amendment No. Three to Maintenance Repair Services Agreement with Barron Hurlbut
dba Southland Landscape Maintenance
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 Amendment No. Three to the Maintenance Services Agreement with Barron Hurlbut
dba Southland Landscape Maintenance and Installation for Weed Abatement Service to
increase the not -to -exceed amount by $50,850 for a total not -to -exceed amount of
$1,043,000, and authorize the Mayor and City Clerk to execute the amendment.
12. Amendment No. One with Hardy & Harper, Inc. for On -Call Asphalt Repair 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 Amendment No. One to the current on-call maintenance/repair services agreement
with Hardy & Harper, Inc. to increase the not -to -exceed amount by $400,000 for a total
amount not -to -exceed $600,000, extend the term of the agreement to June 26, 2022, and
authorize the Mayor and City Clerk to execute the amendment.
13. School Resource Officer Program Agreement
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 the Agreement between the City of Newport Beach and NMUSD to participate in
the School Resource Officer Program ("Agreement"), and authorize the Mayor to execute the
Agreement on behalf of the City.
14. Agreement for the Temporary Assignment of a Fire Engine from California Governor's
Office of Emergency Services (Cal OES) to the City of Newport Beach
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 temporary assignment of California Governor's Office of Emergency Services
(Cal OES) Fire Engine 317 to the City of Newport Beach, and authorize the City Manager
and City Clerk to execute the agreement.
MISCELLANEOUS
15. 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
City Council Meeting
July 9, 2019
Page 5
b) Confirm Council Member Brad Avery's reappointment of Joe Stapleton, Council Member
Duffy Duffield's reappointment of William Collopy, Council Member Jeff Herdman's
reappointment of Larry Tucker, and Council Member Kevin Muldoon's reappointment of
John Reed to serve on the Finance Committee for terms ending June 30, 2020.
16. 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 appointment of Sharon Ray as the District 2 Member
on the Aviation Committee for a term expiring June 30, 2022;
c) Confirm Council Member Jeff Herdman's appointment of Cameron Verdi as the District 5
Member on the Aviation Committee for a term expiring June 30, 2025; and
d) Confirm Mayor Diane B. Dixon's appointment of Roger Ham as the Newport Coast Member
on the Aviation Committee for a term expiring June 30, 2022.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
XI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XII. 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.
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17. Ordinance No. 2019-12: Ten -Year Extension to a Development Agreement for Hoag
Memorial Hospital Presbyterian (PA2018-024)
a) Conduct a public hearing;
b) Find all significant environmental concerns for the proposed project have been addressed in
a previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and
that the City of Newport Beach intends to use said document for the above noted project,
and further that there are no additional reasonable alternative or mitigation measures that
should be considered in conjunction with said project; and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-
12, An Ordinance of the City Council of the City of Newport Beach, California, Amending a
Development Agreement between the City of Newport Beach and Hoag Memorial Hospital
Presbyterian (Development Agreement Amendment No. DA2018-004), and pass to second
reading on July 23, 2019.
XIV. 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.
XV. ADJOURNMENT
Testimony given before the City Council is recorded.
The timing light will turn yellow when the speaker has one -minute remaining.
The timing light will turn red when the speaker has 10 seconds remaining.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE