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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
SEPTEMBER 24, 2019
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
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
SEPTEMBER 24, 2019
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
REGULAR MEETING - 7:00 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Nonconforming Commercial Signs
Ten years ago, the City Council approved changes to the design standards for commercial
signs and allowed property owners time to bring their existing sign up to the new standards.
Staff surveyed the City's existing signage and will present to the City Council the survey
results and recommendations on addressing any nonconforming signs.
SS3. Neighborhood Circulator Discussion
Recent success of the Balboa Peninsula Trolley and the emerging growth of On -Demand
Micro -Transit options, such as the recent implementation of the application based rideshare
service around Newport Center (FRANC) by The Irvine Company, have generated interest
from members of the community as possible ways to improve circulation and mobility within
and around the Balboa Island and Corona del Mar communities. An opportunity for grant
funding for these types of local transit options may be available through an upcoming Orange
County Transportation Authority Call for Project Applications. This Study Session Item
provides an opportunity to review the current Balboa Peninsula Trolley shuttle operation,
discuss other possible neighborhood circulator methods, such as the new application based
on -demand model, as well as consider the development of another circulator pilot project
and potential funding sources.
SS4. Southern California Edison's Wildfire Mitigation Plan and Public Safety Power Shutoff
Representatives from Southern California Edison (SCE) will be making a brief presentation
with regard to wildfire threats in Newport Beach associated with their electrical facilities, as
well as SCE's Wildfire Mitigation Plan. Discussion will also cover SCE's Public Safety Power
Shutoff program as it relates to wild fire prevention.
III. PUBLIC COMMENTS
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 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 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
City Council Meeting
September 24, 2019
Page 2
VII. INVOCATION
VIII. PLEDGE OF ALLEGIANCE
IX. 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.
X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XI. 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.
XII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 4, 2019 Special City Council Meeting and September 10, 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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2019-15: Amending Newport Beach Municipal Code Chapter 6.04 —
Garbage, Refuse and Cuttings and Adding Chapter 6.06 — State Mandated Municipal Solid
Waste Diversion Programs
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. 2019-15, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Portions of Chapter 6.04 and Other
Related Provisions of the Newport Beach Municipal Code and Adding Chapter 6.06 to
Title 6 of the Newport Beach to Incorporate State Mandates on the Diversion of Municipal
Solid Waste.
City Council Meeting
September 24, 2019
Page 3
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2019-82: Authorization to Submit an Application for the Housing and
Community Development SB 2 Planning Grants Program
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. 2019-82, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing an Application for, and Receipt of, SB 2 Planning Grants Program
Funds and direct the Community Development Director to submit an SB 2 Planning Grants
Program Application; and
c) Approve Budget Amendment No. 20-014, increasing revenue estimates by $310,000 in the
Information Technology (IT) Strategic Fund and increasing General Plan Update expenditure
appropriations in the General Fund by a like amount, including related interfund transfers in
and out.
5. Resolution No. 2019-83: Adopting a Memorandum of Understanding with the Newport
Beach Lifeguard Management Association and Establishing Salary Ranges for Unit
Members and the Position of Assistant Chief, Lifeguard Operations
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. 2019-83, 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 Newport Beach Lifeguard Management Association and Establishing Salary Ranges
for Unit Members and the Position of Assistant Chief, Lifeguard Operations; and
c) Approve Budget Amendment No. 20-011 appropriating $62,449 to salary and benefit
accounts from unappropriated General Fund surplus fund balance for the remainder of Fiscal
Year 2019-20.
CONTRACTS AND AGREEMENTS
6. Spyglass Hill Reservoir Water Mixing System — Notice of Completion for Contract
No. 7428-1 (19W15)
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. Street and Alley Pavement Repair Project — Award of Contract No. 7680-1 (20R03, 20R07
and 20R11)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(c), Class 1, (maintenance of existing public facilities involving negligible or no
expansion of use),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. 7680-1 to R.J. Noble Company, for the total bid price of $756,077.00,
and authorize the Mayor and City Clerk to execute the contract; and
d) Establish $76,000.00 (approximately 10 percent) contingency to cover the cost of unforeseen
work not included in the original contract.
City Council Meeting
September 24, 2019
Page 4
8. Water Transmission Main Valves Replacement — Phase 2 & Alta Vista Regulating Station
Relocation Project (18W12 & 19W13), Approval of Professional Services Agreement with
Psomas Engineering, Inc. (C-7539-2)
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 Psomas Engineering, Inc. of Santa Ana,
California, for the Water Transmission Main Valves Replacement — Phase 2 and Alta Vista
Regulating Station Relocation project at a not -to -exceed amount of $182,020.00, and
authorize the Mayor and City Clerk to execute the Agreement.
9. Approval and Award of On -Call Professional Transportation Engineering Services
Agreements with Willdan Engineering, RK Engineering Group, Inc., and Ganddini
Group, 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 Professional Transportation Engineering Services Agreements with Willdan
Engineering, RK Engineering Group, Inc., and Ganddini Group, Inc. for a five-year term and
a total amount not -to -exceed $300,000 per agreement, and authorize the Mayor and City
Clerk to execute the agreements.
10. Approval and Award of Maintenance and Repair Services Agreement with ACCO
Engineered Systems, Inc. for HVAC Maintenance and 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 a five-year agreement with ACCO Engineered Systems, Inc. for HVAC maintenance
and repair services for a total not -to -exceed amount of $500,000, and authorize the Mayor
and City Clerk to execute the agreement.
11. Amendment No. One to Contract No. 7045-1 with Orange County Striping Service, Inc. for
On -Call Roadway Sign and Striping Maintenance and 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 Contract No. 7045-1 with OC Striping to increase the not -
to -exceed amount by $500,000 for a total amount of $1,300,OOO,and authorize the Mayor
and City Clerk to execute the amendment.
12. Approval of Services Agreements for Water Well and Water Pump Station Maintenance
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 the Services Agreement with General Pump Company, for water well and water
pump station maintenance services for a five-year term with a total not -to -exceed amount of
$250,000;
c) Approve the Services Agreement with Layne Christensen Company, for water well and water
pump station maintenance services for a five-year term with a total not -to -exceed amount of
$250,000; and
d) Authorize the Mayor and City Clerk to execute the Agreements.
City Council Meeting
September 24, 2019
Page 5
13. Professional Service Agreement with Psomas for Environmental Services for the
Proposed Newport Village Mixed -Use Project Located in the 2000 Block of West Coast
Highway (PA2017-253)
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 Professional Services Agreement with Psomas and authorize the Mayor and
City Clerk to execute the agreement.
14. Contract with Former City Employee, Michelle Caldwell
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) Authorize the City Manager to execute a New Temporary Employment Agreement (TEA)
with former employee, Michelle Caldwell, who retired on December 28, 2012, to temporarily
fill the position of Police Dispatcher until all vacancies can be filled.
15. Approval of a Purchase Agreement with QS Wholesale, LLC for Junior Lifeguard Uniform
Apparel
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 Purchase Agreement with QS Wholesale, LLC for Junior Lifeguard Uniform
Apparel for a not -to -exceed amount of $1,000,000 for a term of three years with an option
for two additional, one-year terms, and authorize the Mayor and City Clerk to execute the
agreement.
16. Acceptance of an Assistance to Firefighters Grant from the Federal Emergency
Management Agency
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 and accept the Federal Emergency Management Agency (FEMA)
Assistance to Firefighters Grant award in the amount of $525,135; and
c) Approve Budget Amendment No. 20-016 to increase revenue estimates by $525,135 in
account 75604-431390 (Fire Equipment — FEMA), and increase expenditure appropriations
by $577,648 in account 76504-911013 (Fire Equipment — Assist Firefighter Grant SCBA
Equipment).
MISCELLANEOUS
17. Planning Commission Agenda for the September 19, 2019 Meeting
Receive and file.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
XIV. 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.
City Council Meeting
September 24, 2019
Page 6
XV. PUBLIC HEARING
18. Proposed Temporary Emergency Shelter for Homeless Individuals Located at the City
Corporation Yard at 592 Superior Avenue
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15269(c) (Emergency Projects), and Sections 15301 (Existing Facilities), 15303
(New Construction or Conversion of Small Structures), 15304 (Minor Alterations of Land),
and 15332 (In -Fill Development Projects) of the CEQA Guidelines as documented in
Attachment E of the staff report, because there is no substantial evidence demonstrating an
exception to reliance on these categorical exemptions;
c) Approve a portion of the City's Corporation Yard, at 592 Superior Avenue, Newport Beach
as a possible site for a temporary emergency homeless shelter;
d) Adopt Resolution No. 2019-84, A Resolution of the City Council of the City of Newport Beach,
California, Exempting a Temporary Emergency Shelter for Those Experiencing
Homelessness from Development Standard Requirements Applicable to Emergency
Shelters, in Accordance with Sections 20.10.040 of the Newport Beach Municipal Code
(PA2019-170) to be located at 592 Superior Avenue;
e) Adopt Resolution No. 2019-85, A Resolution of the City Council of the City of Newport Beach,
California, Declaring a Shelter Crisis Pursuant Senate Bill 850 (Chapter 48, Statues of 2018
and Government Code §8698.2) (PA2019-170);
f) Approve a new Capital Improvement Program, (CIP), Temporary Emergency Homeless
Shelter Project No. 20F15 and budget of $300,000 for the conceptual development and
design of the shelter;
g) Approve Budget Amendment No. 20-015 appropriating $300,000 from the Affordable
Housing Reserve to the Temporary Homeless Shelter Project 20F15; and
h) Authorize the City Manager to enter into a selection process and negotiations with necessary
design consultants and homeless shelter operators.
XVI. CURRENT BUSINESS
19. Resolution No. 2019-86: Sign and Messaging Program to Discourage Panhandling
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. 2019-86, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the City Manager to Take Action to Discourage Panhandling in the
City of Newport Beach.
20. Resolution No. 2019-87: Formation of a Marine Avenue Preservation Committee
a) Find 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, Code of
Regulations, Title 14, Chapter 3 because it will not result in a physical change to the
environment, directly or indirectly; and
b) Adopt Resolution No. 2019-87, A Resolution of the City Council of the City of Newport Beach,
California, Creating the Marine Avenue Preservation Committee.
21. Fire Station No. 2 Replacement Project — Acceptance of Conceptual Design
a) California Environmental Quality Act (CEQA) cannot be determined at this time. Planning
Division staff will be working on the Coastal Development Permit (CDP) and process the
required documents for CEQA and CDP;
b) Review and approve the conceptual design and project budget; and
c) Direct staff to proceed with the final fire station replacement construction documents.
City Council Meeting
September 24, 2019
Page 7
22. Approval of 2019 Water Rate Study and Setting of Public Hearing for Water Rates
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 2019 Water Rate Study;
c) Direct staff to send a notice of proposed water rates to property owners and customers in
compliance with Proposition 218 State Law; and
d) Set the date of November 19, 2019 for the tabulation of protests and conduct a public hearing
of proposed rates pending the results of the protest.
XVII. 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.
XVIII. 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