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HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA APRIL 13, 2021 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 5:30 P.M. BRAD AVERY, Mayor KEVIN MULDOON, Mayor Pro Tem NOAH BLOM, Council Member JOY BRENNER, Council Member DIANE B. DIXON, Council Member DUFFY DUFFIELD, Council Member WILL O'NEILL, 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. 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.goy. To give the City Council adequate time to review your questions and comments, please submit your written comments by Monday, April 12, 2021, 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@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 13, 2021 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION - FOLLOWS STUDY SESSION REGULAR MEETING - 5:30 P.M. ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. National Library Week Proclamation SS3. DMV/Donate Life California Month Proclamation SS4. Crystal Cove Cottage Presentation SS5. Balboa Island Drainage [949-270-8165] Staff will present an Island -wide automated drainage concept plan that would eventually replace the original street end drain and manually operated tide valve system to provide increased and reliable flood protection on Balboa Island. The proposed drainage concept would include a stormwater pump station located at the west end of the Island and a new underground storm drain system that would protect the island from flooding up to a 100 -year rain event. 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. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 Matter Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and 944 Via Lido Nord (423-281-10) (approximately 845 square feet). City Negotiators: Seimone Jurjis, Community Development Director and Lauren Whitlinger, Real Property Administrator. Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the 944 Via Lido Nord Trust. Under Negotiation: Instruction to City Negotiator regarding price and terms of payment. V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL City Council Meeting April 13, 2021 Page 2 VIII. CLOSED SESSION REPORT IX. INVOCATION E� 44bZrl*el *1F-11►Eel :I XI. 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. XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIII. 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. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 23, 2021 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. RESOLUTION FOR ADOPTION 3. Resolution No. 2021-27: Acceptance State of California, Department of Parks and Recreation, Division of Boating and Waterways Grant for Reimbursement of the Cost for Two Zodiak Pro Classic Safety Boats for the Marina Park Sailing Program a) Find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2021-27, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Aquatic Center Grant FY 2020-21 (C8965309) Grant Agreement Between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beach for Reimbursement of the Cost for Two Zodiak Pro Classic Safety Boats for the Marina Park Sailing Program; City Council Meeting April 13, 2021 Page 3 c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the reimbursement of the City's two Zodiak Pro Class safety boats; and d) Approve Budget Amendment No. 21-034 to record and appropriate $40,000 in grant revenue from the State of California Division of Boating and Waterways to Marina Park - Equipment NOC account 0107023-911024 and $40,000 in expenditure appropriations to Marina Park - Equipment NOC account 0107023-911024. CONTRACTS AND AGREEMENTS 4. Newport Pier Area Water Main Replacement — Notice of Completion for Contract No. 7631- 2 (20W11) 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. 5. Mission Bay Drive Drainage Project — Notice of Completion for Contract No. 7889-1 (21 R03) 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. 6. Sewer & Storm Drain Systems Rehabilitation Project — Notice of Completion for Contract No. 7538-1 (18503 & 191302) 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. Balboa Island Drainage Master Plan/Pump Station — Approval of Amendment No. 2 to Pacific Advanced Civil Engineering Inc. Professional Services Agreement (Project No. 191311) 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 Amendment No. 2 to the Professional Services Agreement with PACE of Fountain Valley, California, for Balboa Island Drainage Master Plan/Pump Station project at a not -to - exceed fee of $798,506.00, and authorize Mayor and City Clerk to execute the Agreement. 8. Bay Crossing Water Mains and Sewer Force Main Replacement Project (16W12) — Approval of Professional Services Agreement with Dudek, Contract No. 8487-2 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 Dudek of San Juan Capistrano, California, for the Bay Crossing Water Mains and Sewer Force Main Replacement project at a not -to - exceed price of $1,222,533.00, and authorize the Mayor and City Clerk to execute the Agreement. City Council Meeting April 13, 2021 Page 4 9. Commercial Marina Lease for Balboa Boat Yard with Use of a Portion of the Public Tidelands in the Street -End at 26th Street a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) Authorize the City Manager and City Clerk to execute a five-year Lease Agreement ("Agreement") for use of the City -managed tidelands adjacent to 2414 Newport Boulevard and in the 26th Street street -end, in a form substantially similar to the agreement prepared by the City Attorney. 10. Authorization for Two Agreements with Special Order Systems, Inc. for a Wireless Phone System for Lifeguard Towers and Lifeguard Headquarters 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) Waive bidding requirements as described in City Council Policy F-14 due to contractor being the sole source provider; c) Authorize the City Manager and City Clerk to execute an installation agreement with Special Order Systems, Inc., the sole provider of exclusive proprietary wireless phone system communications equipment to be installed at the Fire Department's lifeguard towers and lifeguard headquarters, for a not -to -exceed amount of $55,000, in a form substantially similar to the agreement attached to the staff report and subject to approval as to form by the City Attorney; d) Authorize the City Manager and City Clerk to execute a five-year equipment lease agreement with Special Order Systems, Inc., the sole provider of proprietary wireless phone system communications equipment for the lease of such equipment at the Fire Department's lifeguard towers and lifeguard headquarters, for a not -to -exceed amount of $505,000, in a form substantially similar to the agreement attached to the staff report and subject to approval as to form by the City Attorney; and e) Approve Budget Amendment No. 21-035 appropriating $146,764 to the Information Technology Telecomm Datalines Account (76420203-831001). 11. Professional Services Agreement with Newport Beach & Company for Government Access Channel Management (NBTV) and Video Production 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) Execute a two-year Professional Services Agreement with Newport Beach & Company for Management of NBTV Programming and Operations, with an option to extend the agreement for two one-year terms. The total not -to -exceed amount of $502,788.29. 12. Award of Contract to Moss Adams LLP for Internal Audit 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) Authorize the Mayor and City Clerk to sign a one-year term contract for $120,000 with Moss Adams LLP to perform internal control audit work. MISCELLANEOUS 13. Planning Commission Agenda for the April 8, 2021 Meeting Receive and file. City Council Meeting April 13, 2021 Page 5 14. Update on Summer 2021 Balboa Peninsula Trolley Operation 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) Commence with the 2021 Summer Balboa Peninsula Trolley operation on weekends with a delayed start date of Saturday, June 26, and running through the Labor Day holiday, September 6. 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 [949-270-8165] 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. XVII. PUBLIC HEARINGS 15. Proposed Assessment District No. 120 — Area Along Santa Ana Avenue Between Old Newport Boulevard and Cliff Drive [949-270-8165] a) Open public hearing on the formation of Assessment District No. 120; Hear public testimony from those who desire to speak; Close the public hearing; and direct the City Clerk to tabulate the ballots and report the result; and b) If there is greater than or equal to 50% of weighted "Yes" votes versus "No" votes submitted, a majority protest by ballot procedure does not exist and the District may be formed. If it is desired to form the District, take the following actions: i. Adopt Resolution No. 2021-28, A Resolution of the City Council of the City of Newport Beach, California, Making Determinations, Confirming Assessments and Proceedings, and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for City of Newport Beach Assessment District No. 120, and ii. Approve Budget Amendment No. BA -037 authorizing an advance from the General Fund in the amount of $165,000 to be repaid from Bond Proceeds and cash contributions from Assessment District No. 120 and appropriating $75,000 to Account No. 66902-941027 for electrical utility design by SCE, $25,000 to Account No. 66902-941005 for phone and cable system design by AT&T and Spectrum, $50,000 to Account No. 66902-941008 for City Administration, and $15,000 to Account No. 66902-941012 for Bond Counsel. Funds remaining in any fiscal year will be carried forward to future annual budgets per Council Policy F-3; OR c) If desired not to form the District, adopt Resolution No. 2021-29, A Resolution of the City Council of the City of Newport Beach, California, Declaring Abandonment of Proceedings for City of Newport Beach Assessment District No. 120. 16. Resolution No. 2021-30: Local Coastal Program Amendment Related to Short Term Lodging on Newport Island (PA2020-326) [949-270-8165] a) Conduct a public hearing; b) Find this project 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 April 13, 2021 Page 6 c) Adopt Resolution No. 2021-30, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-008 to the California Coastal Commission, an Amendment to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to Short -Term Lodging on Newport Island (PA2020-326). XVIII. CURRENT BUSINESS 17. Coronavirus (COVID-19) Update [949-270-8165] 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 — In memory of Frank Trane Testimony given before the City Council is recorded. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE