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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION AND REGULAR MEETING JUNE 9, 2020 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED SESSION — 5:00 P.M. REGULAR MEETING — 5:30 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@newportbeachca.gov. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, June 8, 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(cDnewportbeachca.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 JUNE 9, 2020 CLOSED SESSION - 5:00 P.M. REGULAR MEETING - 5:30 P.M. ROLL CALL — 5:00 p.m. II. 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. 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 5:30 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION — Derek Davis, Second Church of Christ, Scientist, Corona del Mar 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 XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Resolution in support of the County's action determining houses of worship to be essential services [Dixon] • Review of the Junior Lifeguard Program for Summer 2020 [Muldoon] City Council Meeting June 9, 2020 Page 2 • Resolution supporting and commending Hoag Hospital for their leadership and effort during the coronavirus pandemic [O'Neill] XIII. 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— 10). 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 1:7��1�71►�[�Z�]�i ill►�L►j��`7_�1►�I�Id:7�71►V_�1►�['7�7 Minutes for the May 26, 2020 Special Joint Meeting with the Finance Committee, and May 26, 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. 2020-53: Annual Measure M2 Eligibility Submittal 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 the Measure M2 Seven -Year CIP; c) Adopt Resolution No. 2020-53, A Resolution of the City Council of the City of Newport Beach, California, Advising OCTA of an Update to the Local Signal Synchronization Plan for the Measure M2 Program, and thereby adopting the updated Local Signal Synchronization Plan; and d) Direct staff to submit all necessary material to OCTA to satisfy the Measure M annual eligibility requirements. 4. Resolution No. 2020-54: Authorization to Apply for the Department of Housing and Community Development Department's LEAP Grant 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. 2020-54, A Resolution of the City Council of the City of Newport Beach, California, Authorizing an Application for, and Receipt of, Local Government Planning Support Grants Program Funds; and c) Approve Budget Amendment No. 20-049, increasing revenue estimates by $300,000 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. City Council Meeting June 9, 2020 Page 3 5. Resolution No. 2020-55: Authorizing the Temporary Closure of Selected Streets for the July 4t" Holiday Period 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) Adopt Resolution No. 2020-55, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Temporary Closure of Back Bay Drive, the 100 Block of Orange Street from Traffic Off of Pacific Coast Highway, Via Oporto from Via Lido to 32nd Street, San Joaquin Hills Road Between Back Bay Drive and the Entrance to the Park Newport Apartment Complex, and Via Malaga Between Via Oporto and Via Lido. CONTRACTS AND AGREEMENTS 6. Big Canyon Restoration Project —Phase 2A —Award of Contract No. 8208-2 (20X12) a) Find the requirement for environmental review under the California Environmental Quality Act ("CEQA") is satisfied by the January 22, 2019 Council adoption of Resolution No. 2019- 9, A Resolution of the City Council of the City of Newport Beach, California, Adopting Mitigated Negative Declaration No. ND2018-001 (SCH No. 2018081098) for the Big Canyon Coastal Habitation Restoration and Adaptation Project— Phase 2A (PA2018-078), including the Mitigation Monitoring and Reporting Plan, prepared for the Big Canyon Coastal Habitat Restoration and Adaptation Project — Phase 2A (PA2018-078), pursuant to the California Environmental Quality Act, State CEQA Guidelines and City Council Policy K-3; b) Approve the project drawings and specifications; c) Award Contract No. 8208-2 to EC for the total bid price of $985,348 and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $147,000 (approximately 15 percent of total bid) to cover the cost of unforeseen work not included in the original contract. Amendment No. Three with Global Power Group, Inc. for Maintenance and Repair Services of City Generators 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/Repair Services Agreement with Global Power Group, Inc., for preventative maintenance and as -needed repair services for City generators; adding $80,000 to the agreement, a one-year extension to the contract term, and authorize the Mayor and City Clerk to execute the Agreement. 8. Approval and Award of Professional Services Agreement with Erickson -Hall Construction for Lido Fire Station No. 2 Construction Management 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 (PSA) with Erickson Hall Construction for the Lido Fire Station No. 2 construction management contract for a not -to -exceed price of $371,150 and authorize the Mayor and City Clerk to execute the agreement. MISCELLANEOUS 9. Planning Commission Agenda for the June 4, 2020 Meeting Receive and file. City Council Meeting June 9, 2020 Page 4 10. Adoption of Fiscal Year 2020-21 Appropriations Limit Staff recommends a continuance of this item to the June 23, 2020 City Council meeting. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XV. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165] XVI. 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. XVII. PUBLIC HEARINGS 11. Resolution No. 2020-56: Fiscal Year 2020-21 Budget Adoption; City Budget Hearing; Recommendations from the Finance Committee; and Proposed Budget Revision Items [949-270-8165] a) Conduct a public hearing on the City Manager's Proposed Budget for Fiscal Year 2020-21. After taking public input, discuss Council member recommendations for additions, deletions, or modifications to the proposed budget via the Proposed Budget Revisions (formerly the "Budget Checklist"); 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; c) Review and consider the Finance Committee's budget recommendations; d) Review and consider the City Manager's recommended list of City position classifications and their salary ranges; e) Conduct a straw vote on the Proposed Budget Revisions, including those items added, changed or removed during the public hearing. Based on the straw vote, Proposed Budget Revision items approved will be included in the City's Fiscal Year 2020-21 Approved Budget; and f) Adopt Resolution No. 2020-56, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Budget for the 2020-21 Fiscal Year, as amended by Items (a) and (e) above. 12. Approval of the Fee Study Update (Continued from the May 12, 2020 City Council Meeting) [949-270-8175] 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; c) Adopt Resolution No. 2020-29, A Resolution of the City Council of the City of Newport Beach, California, Adopting and Revising Certain Fees Within the Schedule of Rents, Fines, and Fees and Updating the Methodology for Annual Consumer Price Index Calculations; d) Adopt Resolution No. 2020-30, A Resolution of the City Council of the City of Newport Beach, California, Updating the Parking Violation Penalty Schedule; and e) Waive full reading, direct the City Clerk to read by title only, Introduce Ordinance No. 2020-10, An Ordinance of the City Council of the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery, and pass to second reading on June 23, 2020. City Council Meeting June 9, 2020 Page 5 13. Resolution No. 2020-57: Amend City Council Policy K-3 to Incorporate Vehicle Miles Traveled (VMT) Analysis Methodology [949-270-8165] 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) Adopt Resolution No. 2020-57, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy K-3 "Implementation Procedures for the California Environmental Quality Act," to Incorporate Vehicle Miles Traveled (VMT) Methodology. XVIII. CURRENT BUSINESS 14. Resolution No. 2020-58: Resolution of Intention to Renew the Corona del Mar Business Improvement District, Levy Assessments in FY 2020-21 and Fix Time and Place for Public Hearing [949-270-8175] 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/or modify the Corona del Mar Business Improvement District's Fiscal Year 2019-20 Annual Report and its Proposed Fiscal Year 2020-21 Budget; c) Direct staff to return to the City Council with the CdM BID's detailed plan and budget for how $40,000 in COVID-19 economic relief funds will be utilized before the City of Newport Beach releases the funds; and d) Adopt Resolution No. 2020-58, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2020 to June 30, 2021, and Fix the Time and Place of a Public Hearing for June 23, 2020. 15. Resolution No. 2020-59: Resolution of Intention to Renew the Newport Beach Restaurant Association Business Improvement District, Levy Assessments in FY 2020-21 and Fix Time and Place for Public Hearing [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 because this action will not result in a physical change to the environment, directly or indirectly; b) Approve and/or modify the Newport Beach Restaurant Association Business Improvement District's Fiscal Year 2019-20 Annual Report and its Proposed Fiscal Year 2020-21 Budget; c) Direct staff to return to the City Council with the NBRA BID's detailed plan and budget for how $40,000 in COVID-19 economic relief funds will be utilized before the City of Newport Beach releases the funds; and d) Adopt Resolution No. 2020-59, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2020 to June 30, 2021, and Fix the Time and Place of a Public Hearing for June 23, 2020. 16. Annual Appointments to Boards and Commissions [949-270-8175] 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, 2020, with an expiration date of June 30, 2024. Board of Library Trustees [1 vacancy] Ash Kumra Paul Watkins (incumbent) City Council Meeting June 9, 2020 Page 6 Building and Fire Board of Appeals [2 vacancies] Khosrow (Saum) Nourmohammadi (Nour) (incumbent) Rolly Pulaski (incumbent) City Arts Commission [2 vacancies] Patricia Dreyfus Marie Little (incumbent) Leonard Simon Civil Service Board (Police and Fire nominees) [2 vacancies] Robyn Grant (incumbent) Howard Herzog (incumbent) Brian Moore Richard Tilley Harbor Commission [1 vacancy] Kevin Kramer Jordan Wachter Gary Williams Parks, Beaches & Recreation Commission [1 vacancy] David Granoff (incumbent) Kent Martin Cynthia Sender Planning Commission [2 vacancies] Curtis Ellmore (incumbent) Debbie Stevens Erik Weigand (incumbent) 17. Advanced (Water) Meter Infrastructure Project, Approval of Installation Agreement (Phase 2), Project 19W12 [949-270-8165] a) Find this work exempt from the California Environmental Quality Act (CEQA) pursuant to Section15301, Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; b) Approve a Purchase and Installation Agreement for the Advanced (Water) Meter Infrastructure Project with Mueller LLC for $8,150,000; c) Approve a Grant Assistance Agreement with the U.S. Bureau of Reclamation in the amount of $1,499,000; and d) Authorize the Mayor and City Clerk to execute the Agreements. 18. Novel Coronavirus (COVID-19) Update [949-270-8175] An oral report will be provided. 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.