HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
NOVEMBER 24, 2020
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 — 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/Interim Finance Director
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, November 23, 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(c�newportbeachca.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
NOVEMBER 24, 2020
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 6:00 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Update on City's Residential Refuse and Recycling Collection Program [949-270-8165]
Overview of the current and pending State mandates, along with potential operational
changes, related to commercial and residential refuse collection. Staff will also provide an
update on the status of contract negotiations with CR&R.
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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 3 matters
Title: Grace K. Leung, City Manager
Title: Aaron C. Harp, City Attorney
Title: Leilani I. Brown, City Clerk
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 3 matters
Agency Designated Representative(s): Will O'Neill, Mayor; and Brad Avery, Mayor Pro Tem
Unrepresented Employees: Grace K. Leung, City Manager; Aaron C. Harp, City Attorney; and
Leilani I. Brown, City Clerk
V. RECESS
VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION
X. PLEDGE OF ALLEGIANCE
City Council Meeting
November 24, 2020
Page 2
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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of installing disabled transfer lifts at Marina Park [Muldoon]
XIV. 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— 15). 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 November 10, 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.
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2020-97: To Terminate the Joint Exercise of Powers Agreement and
Dissolve the Joint Powers Employee Benefit Authority Effective at the End of Fiscal Year
2020-21, June 30, 2021
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. 2020-97, A Resolution of the City Council of the City of Newport Beach,
California, to Terminate the Joint Exercise of Powers Agreement and Dissolve the Joint
Powers Employee Benefit Authority Effective at the End of Fiscal Year 2020-21, June 30,
2021.
City Council Meeting
November 24, 2020
Page 3
4. Resolution No. 2020-98: Initiation of Zoning Code Amendment Related to Eating and
Drinking Establishments and Health/Fitness Facilities in the MU -DW Zoning District
(PA2020-316)
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. 2020-98, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to Title 20 (Planning and Zoning) of the City of Newport
Beach Municipal Code Related to Eating and Drinking Establishments and Health/Fitness
Facilities in the MU -DW (Mixed -Use Dover/Westcliff) Zoning District (PA2020-316).
5. Resolution No. 2020-99: Acceptance of Grant Funds from the California Department of
Alcoholic Beverage Control's ABC -OTS Grant 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) Accept the ABC -OTS FY 2020-21 grant award in the amount of $17,500, and authorize the
Chief of Police to execute grant documents subject to approval as to form by the City
Attorney;
c) Approve Budget Amendment No. 21-019 to increase revenue estimates by $17,500 in the
ABC grant account, No. 01035352-431472-G2102 and to increase expenditure
appropriations by the same amount in the Detective Division; and
d) Adopt Resolution No. 2020-99, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Acceptance of the California Department Of Alcoholic Beverage
Control's FY 2020-2021 Office Of Traffic Safety Grant Program Award, and Authorizing the
Chief of Police to Act as "Authorized Agent" to Execute on Behalf of the City Grant
Documents Necessary to Secure Payment and Implementation of Grant Funds to
Supplement the Police Department's Alcohol Education and Enforcement Efforts.
6. Resolution No. 2020-100: Approval of the 2019 Urban Areas Security Initiative Grant
Program Transfer Agreement
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. 2020-100, A Resolution of the City Council of the City of Newport
Beach, California, Approving the Agreement for Transfer or Purchase of Equipment/Services
or for Reimbursement of Training Costs for FY 2019 Urban Areas Security Initiative (UASI)
Between the City of Santa Ana and the City of Newport Beach; and
c) Authorize the Mayor to sign the agreement attached to the Resolution.
7. Resolution No. 2020-101: Petition Certification and Request for Funding for Proposed
Underground Assessment District No. 120 (Santa Ana Avenue and Cliff Drive Area)
a) Staff recommends the City Council find this project exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15302(d) (conversion of overhead electric utility
distribution system facilities to underground including connection to existing overhead
electric utility distribution lines where the surface is restored to the condition existing prior to
the undergrounding);
b) Adopt Resolution No. 2020-101, A Resolution of the City Council of the City of Newport
Beach, California, Accepting Petition of Assessment District No. 120; and
c) Approve Budget Amendment No. 21-020 to advance and appropriate $100,000 from General
Fund and increase expenditures in Account No. 66902-941006 (AD Assessment
Engineering).
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November 24, 2020
Page 4
CONTRACTS AND AGREEMENTS
8. Slurry Seal Program — Notice of Completion for Contract No. 7681-1 (Project No. 201104)
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. Concrete Replacement Program (FY 2020-21) — Award of Contract No. 7892-1 (Project
No. 21 R06)
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 7892-1 to S & H Civilworks for the total bid price of $680,000, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $68,000 (10 percent of total bid) to cover the cost of unforeseen
work not included in the original contract.
10. Big Canyon Restoration Project — Phase 2A: Contract Contingency Increase, 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; and
b) Authorize a revised contingency of $353,500 (approximately 36 percent) to cover the cost of
unforeseen work not included in the original contract.
11. Corporation Yard Re -Roofing Project — Award of Contract No. 7880-1
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301_Class 1 (rehabilitation of deteriorated facilities) of the CEQA
Guidelines, because this action results in no expansion of an existing use;
b) Approve the project drawings and specifications;
c) Award Contract No. 7880-1 to Chapman for the total bid price of $521,328, and authorize the
Mayor and City Clerk to execute the contract; and
d) Establish a contingency amount of $53,000 (approximately 10 percent) to cover the cost of
unforeseen work not included in the original contract.
12. Amendment No. Two to the Professional Services Agreement with Turbo Data Systems,
Inc. for Parking Permit Management and Citation Processing 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 and authorize the Mayor and City Clerk to execute the Amendment that increases
the not -to -exceed amount to $1,621,724.
City Council Meeting
November 24, 2020
Page 5
13. On -Call Professional Services Agreement for Phlebotomy 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 an On -Call Professional Services Agreement with California Forensic Phlebotomy,
Inc. of Anaheim Hills, California to perform forensic phlebotomy services for a three (3) year
term, ending November 23, 2023, with a total amount not -to -exceed $150,000, and authorize
the Mayor and City Clerk to execute the agreement.
14. Community Programs Grants and Special Events Grants Updates for Fiscal Year 2020-21
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) Award $10,000 in grant funds to NOSA and $6,000 in grant funds to OC Coastkeeper based
on the additional information these applicants have provided; and
c) If approved for grant funds, authorize staff to execute a six-month agreement with
OC Coastkeeper and a one-year Signature Event Grant Agreement with NOSA.
MISCELLANEOUS
15. Planning Commission Agenda for the November 19, 2020 Meeting
Receive and file.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR [949-270-8165]
XVII. 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.
XVIII. PUBLIC HEARINGS
16. Ordinance No. 2020-28: Residential Design Standards Amendments to Title 20 and
Title 21 of the Newport Beach Municipal Code (PA2019-070) [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;
c) Waive full reading, read by title only, introduce Ordinance No. 2020-28, An Ordinance of the
City Council of Newport Beach, California, Adopting Zoning Code Amendment No. CA2019-
004 to Amend Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code
Related to Residential Design Standards (PA2019-070), and pass to second reading on
December 8, 2020; and
d) Adopt Resolution No. 2020-102, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2019-
006 to the California Coastal Commission to Amend Title 21 (Local Coastal Program
Implementation Plan) of the City of Newport Beach Municipal Code Related to Residential
Design Standards (PA2019-070).
City Council Meeting
November 24, 2020
Page 6
17. Resolution No. 2020-103: Intent to Override the Airport Land Use Commission Finding of
Inconsistency for the Residences at 4400 Von Karman Project (PA2020-061) [949-270-
8165]
a) Conduct a public hearing;
b) Find this project is not subject to 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
because it has no potential for resulting in physical change to the environment, directly or
indirectly; and
c) Adopt Resolution No. 2020-103, A Resolution of the City Council of the City of Newport
Beach, California, Notifying the Orange County Airport Land Use Commission and the State
Division of Aeronautics of the City's Intention to Find that the Residences at 4400 Von
Karman Project is Consistent with the Purposes of the State Aeronautics Act and to Overrule
the Orange County Airport Land Use Commission's Determination that the Residences at
4400 Von Karman Project is Inconsistent with the Airport Environs Land Use Plan for the
John Wayne Airport (PA2020-061).
XIX. CURRENT BUSINESS
18. Memorandum of Understanding with the City of Costa Mesa Toward the Funding,
Development and Shared Use of its Permanent Bridge Shelter Facility [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 the Memorandum of Understanding Between the Cities of Costa Mesa and Newport
Beach for the Funding, Development and Shared Use of a Temporary Shelter Facility, and
authorize the Mayor and City Clerk to execute the Memorandum of Understanding; and
c) Approve Budget Amendment No. 21-018, appropriating $1,600,000 and authorize the City
Manager to pay the one-time monetary contributions toward the shelter's capital and
furniture, fixtures and equipment as specified in the agreement.
19. Year -End FY 2019-20 and FY 2020-21 Q1 Financial Report [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; and
b) Review the City Manager's tier framework and approve the associated recommended budget
restorations through Budget Amendment No. 21-021:
1) Appropriate $5 million from the General Fund PERS reserve to make an Additional
Discretionary Payment to PERS, as set aside for in the FY 2020-21 Budget;
2) Allocate $500,000 from General Fund unappropriated fund balance to replenish the
Equipment Replacement Fund; and
3) Allocate $2.3 million from General Fund unappropriated fund balance to replenish the
General Fund contingency reserve.
20. Residential Solid Waste and Recycling Franchise Update to Comply with State Organics
Recycling Mandates — Request for Council Action on Franchise Extension Options
[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; and
b) Undertake one of the following actions:
1) Provide written notice to CR&R Incorporated of intent to exercise franchise extension on
the City Residential Solid Waste Collection & Recycling Contract (C-5649) to a new
ending date of October 1, 2021 in order to continue negotiations with the intent to process
an amendment to consolidate both current contracts (City and Newport Coast) into the
City Residential Solid Waste Collection & Recycling Service contract (C-5649); or
City Council Meeting
November 24, 2020
Page 7
2) Provide written notice to CR&R Incorporated of intent to exercise franchise extension on
the City Residential Solid Waste Collection & Recycling Contract (C-5649) to a new
ending date of October 1, 2021, and direct staff to prepare and issue an RFP to solicit
competitive bids for a fully compliant Citywide Residential Solid Waste Collection &
Recycling Services beginning November 1, 2021; or
3) Provide another alternative direction to staff.
21. Coronavirus (COVID-19) Update [949-270-8165]
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.
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Testimony given before the City Council is recorded.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.