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HomeMy WebLinkAbout00 - Agenda4- %L1FOR� CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION AND REGULAR MEETING APRIL 14, 2020 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED SESSION — 6:30 P.M. REGULAR MEETING — 7:00 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 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, April 13, 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(a)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 14, 2020 CLOSED SESSION - 6:30 P.M. REGULAR MEETING - 7:00 P.M. I. ROLL CALL — 6:30 p.m. II. PUBLIC COMMENTS [949-270-8165] 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. III. CLOSED SESSION — Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Susan Bidart Riddle v. City of Newport Beach & John Vallely Orange County Superior Court Case No. 30-2015-00808124-CU-WM-CJC; Court of Appeal, 4th Appellate District, Division 3, Case No. G057397 IV. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION IX. PLEDGE OF ALLEGIANCE X. PRESENTATION • National Library Week: Newport Beach Public Library's Return on Investment XI. 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. City Council Meeting April 14, 2020 Page 2 XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Evaluation of current budgeted capital projects for potential six-month hold of lower priority projects due to the fiscal impacts of the COVID-19 global pandemic [Muldoon] XIV. PUBLIC COMMENTS ON CONSENT CALENDAR [949-270-8175] This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 — 8). 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 March 18, 2020 Special Meeting and March 24, 2020 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. RESOLUTIONS FOR ADOPTION 3. Resolution No. 2020-31: Initiation of Zoning Code and Local Coastal Program Amendments Related to Tattoo Services, Density Bonus Regulations, Short Term Lodging, and Food and Alcohol Service in the Industrial Zone a) Determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) Adopt Resolution No. 2020-31, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Tattoo Services (PA2020-030), Density Bonuses (PA2020-032), Short Term Lodging (PA2020-048), and Food and Alcohol Service in the Industrial Zoning District (IG) (PA2020- 042). 4. Item Removed City Council Meeting April 14, 2020 Page 3 CONTRACTS AND AGREEMENTS 5. 2019-2020 Playground Refurbishment Project — Award of Contract No. 7737-1 (20P01) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301_Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines, because this project results in no expansion of an existing use; b) Approve the project plans and specifications; c) Declare the bid submitted by JMJ Construction of Winchester as non-responsive; d) Award Contract No. 7737-1 to R.E. Schultz for the base bid price of $256,921.50, and Additive Bid Item No. 1 for $14,700.00 for a total bid price of $271,621.50, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency amount of $27,378.50 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. 6. Slurry Seal Program — Award of Contract No. 7681-1 (Project No. 20R04) 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 7681-1 to Roy Allan Slurry Seal, Inc., for the total bid price of $1,082,606.20, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $54,000.00 (approximately five percent of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 20-042 transferring appropriations of $81,154.00 of Measure M funding from the Bison Avenue Pavement Rehabilitation Project (Account No. 12201-980000-19R21) to the Slurry Seal Program Project (Account No. 12201-980000- 20R04). 7. Approval and Award of Maintenance and Repair Services Agreement with RD Systems, 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 a three-year agreement with RD Security Systems, Inc. for Alarm and Security Camera systems maintenance and repair services for a total not to exceed amount of $290,160, and authorize the Mayor and City Clerk to execute the agreement. 8. Approval of a Purchase Agreement with South Coast Fire Equipment, Inc. for the Purchase of a Type 3 Wildland Fire Apparatus 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) Approval of a Purchase Agreement with South Coast Fire Equipment, Inc. for a not to exceed amount of $509,902.44 for the purchase of a Pierce Manufacturing Type 3 Wildland Interface Fire Apparatus. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED City Council Meeting April 14, 2020 Page 4 XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165] XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS [949-270-8175] 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 HEARINGS 9. Resolution No. 2020-33: Appeal of Planning Commission Approval for The Garden Office and Parking Structure Proposed at 215 Riverside Avenue (PA2019-023) (Continued from the March 24, 2020 City Council Meeting) [949-270-8165] a) Conduct a de novo public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2020-33, A Resolution of the City Council of the City of Newport Beach, California, Upholding and Affirming the Planning Commission's Approval of Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 to Demolish an Existing Restaurant and Office Building and Construct a New Office Building and Parking Structure Located at 215 Riverside Avenue (PA2019-023); or d) Direct staff to return with a Resolution Reversing or Modifying the Planning Commission's Approval of Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 to Demolish an Existing Restaurant and Office Building and Construct a New Office Building and Parking Structure Located at 215 Riverside Avenue (PA2019-023). 10. Ordinance Nos. 2020-11 and 2020-12: Introduction of Ordinances to Amend Setback Map S -1A (PA2019-216) [949-270-8175] a) Conduct a public hearing; b) Find this project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020- 11, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2019-008 to Amend Setback Map S -1A - West Newport as Set Forth in Section 20.80.040 (Setback Maps) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Applicable to the Property Located at 6501/6503 Seashore Drive (PA2019-216), and pass to second reading on April 28, 2020; d) Waive full reading, direct the City Clerk to ready by title only, introduce Ordinance No. 2020- 12, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2019-007 to Amend Setback Map S -1A - West Newport as Set Forth in Section 21.80.040 (Setback Maps) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Applicable to the Property Located at 6501/6503 Seashore Drive (PA2019-216), and pass to second reading on April 28, 2020; and e) Adopt Resolution No. 2020-34, A Resolution of the City Council of the City of Newport Beach, California, Revoking Variance No. VA0012 and Modification No. MD2343 Which Will No Longer Be Necessary Upon Amendment of Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the Newport Beach Municipal Code for the Property Located at 6501/6503 Seashore Drive (PA2019-216). City Council Meeting April 14, 2020 Page 5 XIX. CURRENT BUSINESS 11. Professional Services Agreement with Kimley-Horn and Associates, Inc. for Updates to the General Plan Housing, Land Use and Circulation Elements [949-270-8165] 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, California Code of Regulations, Title 14, Division 6, Chapter 3, because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve and authorize the City Manager and City Clerk to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. to prepare the necessary updates to the General Plan Housing, Land Use, and Circulation Elements in an amount not to exceed $1,217,461, in a form substantially similar to the agreement attached to the staff report and subject to the review and approval of the City Attorney's Office. 12. Novel Coronavirus (COVID-19) Update [949-270-8175] 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. 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