HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
AUGUST 25, 2020
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
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
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 COVID-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(a)newportbeachca.gov. To give the City Council adequate time to review your questions and comments, please
submit your written comments by Monday, August 24, 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
AUGUST 25, 2020
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
REGULAR MEETING — 6:00 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Introduction of Homeless Liaison Police Officer Cynthia Carter
SS3. Superior Avenue and West Coast Highway Intersection Improvements [949-270-8165]
Staff is recommending the approval of two contract amendments to complete environmental review
and design services for the Superior Ave and West Coast Highway Intersection Improvement
project. The study session presentation will discuss proposed improvements to West Coast
Highway at the Superior Avenue intersection and recent grant funding for this project. Staff is also
recommending the approval of a revised conceptual design for the Superior Ave pedestrian bridge
structure.
SS4. Parking Meter Replacement [949-270-8165]
The current parking meters in the City are outdated and/or inoperable, resulting in thousands of
dollars of lost revenue and increased cost to maintain. Staff will provide a presentation regarding
the context, justification and options for the procurement of parking equipment.
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. RECESS
V. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. INVOCATION — Dr. Jim Turrell, Center for Spiritual Living Newport Mesa
VIII. PLEDGE OF ALLEGIANCE
IX. 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.
X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
City Council Meeting
August 25, 2020
Page 2
XI. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of an emergency ordinance to enforce State guidance on face coverings
by administrative citation and implement a "one person one seat" rule for establishments
with a walk-up bar [Brenner]
XII. 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— 14). 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.
XIII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 28, 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.
ORDINANCES FOR ADOPTION
3. Ordinance No. 2020-18: Adoption of an Ordinance Amending a Development Agreement
for Hoag Memorial Hospital Presbyterian (PA2020-065)
a) 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
b) Conduct a second reading and adopt Ordinance No. 2020-18, 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. DA2020-003).
4. Ordinance No. 2020-19: Adoption of an Ordinance Amending the Planning & Zoning Code
(PA2019-055)
a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2),
15060(c)(3) and 15378. The proposed action is also exempt pursuant to State CEQA
Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the
environment; and
City Council Meeting
August 25, 2020
Page 3
b) Conduct second reading and adopt Ordinance No. 2020-19, An Ordinance of the City Council
of the City Newport Beach, California, Adopting Code Amendment No. CA2019-001 to
Amend Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code
Correcting and Clarifying Provisions Related to Overlays and Public Hearing Notice
Requirements (PA2019-055).
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2020-74: Resolution in Support of the Newport Beach Police Department
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. 2020-74, A Resolution of the City Council of the City of Newport Beach,
California, Supporting the Newport Beach Police Department.
6. Resolution No. 2020-75: Approval of Release of Certain Assets Securing the City's 2010
Certificates of Participation
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. 2020-75, A Resolution of the City Council of the City of Newport Beach,
California, Approving Supplement No. 1 to Lease/Purchase Agreement dated November 1,
2010 and First Amendment to the Site Lease and Authorizing Certain Actions in Connection
Therewith.
CONTRACTS AND AGREEMENTS
7. City Corporation Yard Re -Roofing Project — Notice of Completion for Contract No. 7719-1
(20F02)
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 Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
8. Water Well Rehabilitation (Tamura Deep Well) — Notice of Completion for Contract
No. 7427-2 (19W04)
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.
9. Bison Avenue, San Joaquin Hills Road and San Nicolas Drive Pavement Rehabilitation —
Notice of Completion for Contract No. 7433-2 (19R21)
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 the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
City Council Meeting
August 25, 2020
Page 4
10. Assessment District No. 111 and Underground Utilities District No. 22 Phases 2 & 3 —
Award of Contract No. 7833-1 (21A11)
a) Approve the project plans and specifications;
b) Declare the bid packages submitted by Teichert Energy & Utilities Group, Inc of Sacramento
as non-responsive;
c) Award Contract No. 7833-1 to Asplundh Construction Corp. for the bid amount of
$6,969,777.79 for Underground Utility Assessment District No. 111 and Underground Utility
District No. 22 — Phase 2 and optional Phase 3, and authorize the Mayor and City Clerk to
execute the contract;
d) Establish a $700,000 (approximately 10 percent) contingency amount to cover the cost of
unforeseen work not included in the original contract;
e) Authorize the City Manager to execute reimbursement agreements with utility companies for
the Underground Utilities District No. 22 - Phase 2 & optional Phase 3 portion of the project
on an agreement approved as to form by the City Attorney;
f) Approve Amendment to Professional Services Agreement No. 7572-3 with NV5 of Irvine, CA
for an additional not -to -exceed fee of $236,807 for Construction Administration and
Residential Permit Support Services;
g) Approve Memorandums of Understanding (MOU) with the Cities of Monrovia, Mission Viejo
and Laguna Woods documenting details of the transaction for the Rule 20A credit acquisition
and authorize the City Manager and City Clerk to execute the MOUs;
h) Authorize staff to process Rule 20A credit transfers between the City of Newport Beach and
the Cities of Monrovia, Mission Viejo and Laguna Woods with SCE; and
i) Approve Budget Amendment No. 21-007 recognizing $5,195,419.59 in contribution revenue
funding from multiple utility companies in Account No. 13501-561007-21A11; appropriating
$5,195,419.59 in increased expenditures in Account No. 13501-980000-21A11; and
appropriating $204,512.35 in increased expenditures from the Neighborhood Enhancement
unappropriated fund balance to SCE Rule 20A Credit Purchase Account No. 53601-980000-
20M03.
11. Approval of Amendments to Maintenance Repair Service Agreements with GCI
Construction and Tight Quarters for On -Call Beach 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 Amendment No. 2 to the Maintenance Repair Services Agreement with GCI
Construction to add $350,000 to the current contract for a total not -to -exceed amount of
$725,000;
c) Approve Amendment No. 2 to the Maintenance Repair Services Agreement with Tight
Quarters, Inc. to add $155,000 to the current contract for a total not -to -exceed amount of
$530,000; and
d) Authorize the Mayor and City Clerk to execute the amendments.
12. Superior Avenue and West Coast Highway Intersection Improvements — Approval of
Amendment No. 2 with Chambers Group, Inc. and Amendment No. 1 with Dokken
Engineering and Updated Pedestrian Bridge Conceptual Design (15T09)
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 Amendment No. 2 in the amount of $227,821.00 to the Professional Services
Agreement with Chambers Group, Inc. for environmental review services at a new not -to -
exceed total price of $389,038.00 and authorize the Mayor and City Clerk to execute the
Amendment;
City Council Meeting
August 25, 2020
Page 5
c) Approve Amendment No. 1 in the amount of $970,000.00 to the Professional Services
Agreement with Dokken Engineering for professional engineering design services at a new
not -to -exceed total price of $1,889,890.00 and authorize the Mayor and City Clerk to execute
the Amendment; and
d) Approve a revision to the Conceptual Design related to the Superior Avenue pedestrian
bridge structure.
13. Back Bay Landing Development — Reimbursement Agreement with Bayside Village Marina
LLC for Environmental Review, Permitting and Design Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15262 (Feasibility and Planning) of the CEQA Guidelines because this
action involves executing a Reimbursement Agreement to undertake future environmental
review, permitting and design services;
b) Approve a Reimbursement Agreement with Bayside Village Marina LLC and authorize the
Mayor and City Clerk to execute the Agreement; and
c) Approve Budget Amendment No. 21-005 recognizing $450,000 in increased contributions in
Account No. 13501-561005-16W12; recognizing $22,500 in increased revenue in account
01080801-521380; and appropriating $450,000 in increased expenditures in Account No.
13501-980000-16W12 for the Bay/Channel Crossings Water Main Replacement (16W12)
project.
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14. Planning Commission Agenda for the August 20, 2020 Meeting
Receive and file.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165]
XV. 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.
XVI. PUBLIC HEARINGS
15. Ordinance No. 2020-20: Non -Exclusive Commercial Solid Waste Franchises [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) Conduct a Public Hearing to consider the award of Non -Exclusive Commercial Solid Waste
Franchises pursuant to Resolution No. 2020-70; and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020-
20, An Ordinance of the City Council of the City of Newport Beach, California, Granting the
2020 Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible
Materials Handling Services within the City of Newport Beach to the 15 so named companies,
and pass to second reading on September 8, 2020.
City Council Meeting
August 25, 2020
Page 6
16. Ordinance No. 2020-21: Zoning Code Amendment to Allow Wine Tasting Room Uses
within the Industrial Zoning District (PA2020-042) [949-270-8165]
a) Conduct a public hearing;
b) Find this action proposed herein is not a project subject to the California Environmental
Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources
Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of
Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also
exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment; and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020-
21, An Ordinance of the City Council of the City of Newport Beach, California, adopting
Zoning Code Amendment No. CA2020-005 to Amend Section 20.24.020 (Industrial Zoning
Land Uses and Permit Requirements) of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code and other Related Provisions to Allow for Wine Tasting Rooms Within the
Industrial Zoning District (IG) (PA2020-042), and pass to second reading on September 8,
2020.
17. Resolution No. 2020-76: Appeal of Planning Commission's Decision of an AT&T Small Cell
Installation (PA2019-111) [949-270-8165]
a) Conduct a de novo public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3
(New Construction or Conversion of Small Structures), respectively, of the State CEQA
(California Environmental Quality Act) Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment and the exceptions to the Class 3 exemption under Section 15300.2 do not
apply; and
c) Adopt Resolution No. 2020-76, A Resolution of the City Council of Newport Beach, California,
Upholding the Decision of the Planning Commission Approving Minor Use Permit No.
UP2019-030 and Coastal Development Permit No. CD2020-052 for a Small Cell Facility
Located Within the Public Right -of -Way on City Streetlight No. SCL0796, at the Northwestern
Corner of Balboa Boulevard and 30th Street (PA2019-111), and denying the appeal.
XVII. CURRENT BUSINESS
18. Novel Coronavirus (COVID-19) Update [949-270-8165]
An oral report will be provided.
XVIII. 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.
XIX. ADJOURNMENT — In memory of Dick Nichols and John Hamilton
Testimony given before the City Council is recorded.