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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
FEBRUARY 12, 2019
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 - 7:00 P.M.
DIANE B. DIXON, Mayor
WILL O'NEILL, Mayor Pro Tem
BRAD AVERY, Council Member
JOY BRENNER, 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
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
The City provides a yellow sign -in card for those wishing to address the City Council to assist in the preparation of the minutes.
The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to
addressing the City Council. If you do fill out the card, please place it in the box at the podium. 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 at the City Clerk's Office located at 100 Civic Center
Drive (Bay E, 2nd Floor). Staff reports or other written documentation have been prepared or organized with respect to each
item 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,
minutes 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 Leilani Brown, City Clerk, 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
FEBRUARY 12, 2019
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
ROLL CALL - 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Beacon Bay Home Owner's Association Proposed Rate Change to Current Lease
The Beacon Bay Home Owner's Association has proposed changes to how their current
ground lease is calculated. City staff has analyzed the HOA's proposal and will be sharing
the results, as well as seeking further direction from the City Council.
SS3. Overview of City Trees
Staff will be providing a general overview on how the City cares for, maintains and manages
the over 35,000 Public Trees in the City that makes up our Urban Forest. Discussion will
also include an overview of the City Council Tree Policies, maintenance activities such as
tree planting, trimming, inspection, root pruning, tree removal, and other services necessary
to keep City trees in good condition.
III. PUBLIC COMMENTS
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.
IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant
City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators.
Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA); Newport
Beach City Employees Association (NBCEA); Newport Beach Police Management Association
(NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); and Part
Time Employees Association of Newport Beach (PTEANB).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
C. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Maury Friedson v. City of Newport Beach, et al.
Mediation — Case No. 30-2018-01000354-CU-PO-CJC
Claim No.: 20170000144
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February 12, 2019
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D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property Address: 406, 408, 410 South Bay Front, Balboa Island
Agency Negotiator: Grace Leung, City Manager, Seimone Jurjis, Community Development
Department Director and Lauren Whitlinger, Real Property Administrator
Negotiating Parties: Seymour Beek
Under Negotiation: Price and terms of payment
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION - Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene
X. PLEDGE OF ALLEGIANCE
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.
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
• Increasing buildable square footage for cottage within the City to discourage tearing them
down (Herdman)
• Investigating the Newport Aquatic Center (NAC) (Brenner)
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1 - 13). 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.
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February 12, 2019
Page 3
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 January 22, 2019 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.
ORDINANCE FOR INTRODUCTION
3. Introduction of an Ordinance Amending Newport Beach Municipal Code Chapter 15.50 -
Floodplain Management
a) Find this action exempt from 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, Chapter
3, because it has no potential for resulting in physical change to the environment, directly or
indirectly; and
b) Introduce Ordinance No. 2019-2, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Section 15.05.090 of Chapter 15.05, Adding a Section to
Chapter 15.50 and Amending Certain Sections of Chapter 15.50 of Title 15 of the Newport
Beach Municipal Code Related to Floodplain Management, and pass to second reading on
February 26, 2019.
ORDINANCES FOR ADOPTION
4. Second Reading and Adoption of Ordinances Updating Regulations Regarding Accessory
Dwelling Units (PA2018-099)
a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an
ordinance regarding second units to implement the provisions of Sections 65852.1 and
65852.2 of the Government Code are exempt from the requirements of CEQA;
b) Conduct second reading and adopt Ordinance No. 2018-14, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Title 20 of the Newport Beach Municipal
Code and Adopting Zoning Code Amendment No. CA2018-003 to Implement Revisions to
State Law Relating to Accessory Dwelling Units (PA2018-099); and
c) Conduct second reading and adopt Ordinance No. 2019-1, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Title 21 of the Newport Beach Municipal
Code and Adopting Local Coastal Program Amendment No. LC2017-003, as Modified by the
California Coastal Commission (Accepting Their Suggested Modifications), Implementing
New State Law Requirements Relating to Accessory Dwelling Units (PA2018-099).
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2019-10: Adopting a Memorandum of Understanding with the Newport
Beach Police Management Association
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February 12, 2019
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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. 2019-10, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Memorandum of Understanding Between the City of Newport Beach
and the Newport Beach Police Management Association; and
c) Approve Budget Amendment No. 19BA-029 appropriating $69,409.42 to salary and benefit
accounts from unappropriated General Fund surplus fund balance for the remainder of Fiscal
Year (FY) 2018/19, representing the first three months of the three-year, three-month
NBPMA contract.
6. Resolution No. 2019-11: Revised City Council Policies F-3, F-4, F-7, F-8, F-11, F-13, F-14,
F-15, F-25 and F-28
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. 2019-11, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Revised City Council Policies F-3, F-4, F-7, F-8, F-11, F-13, F-14, F-15,
F-25 and F-28.
7. Resolution No. 2019-12: Formation of a City Council Aviation Ad Hoc Committee to Review
the Roles & Responsibilities of the Aviation Committee
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. 2019-12, A Resolution of the City Council of the City of Newport Beach,
California, Creating a City Council Aviation Ad Hoc Committee to Review the Structure,
Membership, Roles and Responsibilities of the Aviation Committee; and
c) Confirm the appointment of Mayor Diane Dixon, Council Member Jeff Herdman and Council
Member Kevin Muldoon to the Aviation Ad Hoc Committee.
CONTRACTS AND AGREEMENTS
8. Newport Beach Police Facility Remodel — Notice of Completion for Contract No. 7261-1
(17F12)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (maintenance of existing facilities involving no expansion of an
existing use) of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
c) 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
d) Release the Faithful Performance Bond one year after acceptance by the City Council.
9. Uptown Newport Facilities Relocation and Acquisition Agreements
a) Determine that none of the conditions described in Section 15162 of the California
Environmental Quality Act ("CEQA") Guidelines calling for preparation of a subsequent or
supplemental EIR have occurred, that no changes or additions to the previously certified
Environmental Impact Report No. ER2012-001 (SCH No. 20010051094) ("EIR") are
required; and further, the action is also exempt pursuant to Section 15302(d) of the CEQA
Guidelines (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); direct City staff
to file a Notice of Exemption;
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February 12, 2019
Page 5
b) Approve the Facilities Relocation Agreement with SCE and authorize the City Manager to
execute the Agreement; and
c) Approve the revised Acquisition Agreement between the Authority, the City and the
Developer, and authorize the City Manager to execute the agreement with any changes as
may be deemed necessary by the City Attorney.
10. Approval of a Purchase Agreement with US Digital Designs, Inc. for the Purchase of a Fire
Station Alerting System for the New Corona del Mar Fire Station No. 5
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) (replacement of existing public facilities involving negligible or no
expansion of capacity) of the CEQA Guidelines, because this project has no potential to have
a significant effect on the environment;
b) Approve the purchase of the Phoenix G2 Fire Station Alerting system from US Digital
Designs, Inc. at a not -to -exceed cost of $115,013.39; and
c) Approve and authorize the City Manager and City Clerk to sign the Purchase Agreement with
US Digital Designs, Inc. for this purchase.
11. Contract with Arts Orange County to Manage Phase IV of the Sculpture Exhibition in Civic
Center Park
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 a contract with Arts Orange County for project management of Phase IV of the
Sculpture Exhibition in Civic Center Park for a total amount not to exceed $ 84,711,
and authorize the Mayor and City Clerk to sign the agreement.
MISCELLANEOUS
12. Planning Commission Agenda and Action Report for the January 31, 2019 Special Meeting
Receive and file.
13. Confirmation of Appointments to the General Plan Update Steering Committee 0142
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) Confirm Mayor Diane B. Dixon's appointments of Nancy Gardner (Chair), Ed Selich, Debbie
Stevens, Larry Tucker and Paul Watkins to fill the seats on the General Plan Update Steering
Committee.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
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
14. Consideration of Planning and Land Use Entitlements for Harbor Pointe Senior Living,
Located at 101 Bayview Place (PA2015-210)
a) Conduct a public hearing;
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b) Adopt Resolution No. 2019-13, A Resolution of the City Council of the City of Newport Beach,
California, Certifying Environmental Impact Report No. ER2018-001, Making Facts and
Findings, and Approving a Mitigation Monitoring and Reporting Program in Accordance with
the California Environmental Quality Act for the Harbor Pointe Senior Living Project - A Senior
Convalescent and Congregate Care Facility Located at 101 Bayview Place (PA2015-210);
c) Adopt Resolution No. 2019-14, A Resolution of the City Council of the City of Newport Beach,
California, Approving General Plan Amendment No. GP2015-004 to Change the Land Use
Designation from General Commercial (CO -G) to Private Institutional (PI) for the Harbor
Pointe Senior Living Project - A Senior Convalescent and Congregate Care Facility Located
at 101 Bayview Place (PA2015-210);
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-
3, An Ordinance of the City Council of the City of Newport Beach, California, Adopting
Planned Community Development Plan Amendment No. PD2015-005 Amending Area 5 of
the Bayview Planned Community (PC -32) for the Harbor Pointe Senior Living Project - A
Senior Convalescent and Congregate Care Facility Located at 101 Bayview Place (PA2015-
210), and pass to second reading on February 26, 2019;
e) Adopt Resolution No. 2019-15, A Resolution of the City Council of the City of Newport Beach,
California, Approving Major Site Development Review No. SD2015-007, and Conditional Use
Permit No. UP2015-047 for the Harbor Pointe Senior Living Project - A Senior Convalescent
and Congregate Care Facility Located at 101 Bayview Place (PA2015-210); and
f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-
4, An Ordinance of the City Council of the City of Newport Beach, California, Approving
Development Agreement No. DA2018-006 for the Harbor Pointe Senior Living Project - A
Senior Convalescent and Congregate Care Facility Located at 101 Bayview Place (PA2015-
210), and pass to second reading on February 26, 2019.
15. Introduction of an Ordinance Amending the City's Local Coastal Program for Consistency
(LC2017-002)
a) Conduct a public hearing;
b) Find the action statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter
3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the
requirements of preparing an environmental impact report or otherwise complying with CEQA
in connection with the adoption of a Local Coastal Program;
c) Adopt Resolution No. 2019-16, A Resolution of the City Council of the City of Newport Beach,
California, Amending Policy 4.4.2-1 of City of Newport Beach Local Coastal Program Coastal
Land Use Plan to Approve Local Coastal Program Amendment No. LC2017-002, as Modified
by the California Coastal Commission; and
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-
5, An Ordinance of the City Council of the City Of Newport Beach, California, Amending
Title 21 of the Newport Beach Municipal Code to Approve Local Coastal Program
Amendment No. LC2017-002, as Modified by the California Coastal Commission, and pass
to second reading on February 26, 2019.
16. 2888 Bayshore Drive (Newport Marina) — Appeal of Harbor Commission's Decision
a) Conduct a public hearing;
b) Find the project exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, Code of
Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on
the environment;
c) The City Council may either uphold, amend or reverse the Harbor Commission's approval of
the proposed marina reconfiguration at 2888 Bayshore Drive; and
d) If the City Council upholds or amends the Harbor Commission's decision, adopt Resolution
No. 2019-17, A Resolution of the City Council of the City of Newport Beach, California,
Upholding the Harbor Commission's Approval of an 'Approval In Concept" (Project File
No. 1502-2018) for the Removal and Replacement of a Dock System at the Property Located
at 2888 Bayshore Drive.
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XIX. CURRENT BUSINESS
17. Consideration of a Master License Agreement with New Cingular Wireless PCS, LLC
(AT&T) for Siting of Small Cell Telecommunication Facilities on City -Owned Light
Standards
a) Find this activity categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project
has no potential to have a significant effect on the environment;
b) Approve a waiver of City Council Policy F-7 and L-23 based on findings contained in this staff
report and Agreement, and due to the Federal Communications Commission Declaratory
Ruling and Third Report and Order (WT Docket No. 17-79 and WC Docket No. 17-84), which
impose certain limits on state and local governments' ability to regulate the deployment of
small cell telecommunications facilities. The Declaratory Rule and Order limits the type and
amount of fees the City can collect for private use of public property; and
c) Authorize the City Manager and City Clerk to execute a Master License Agreement for the
Use of City -Owned Streetlights for Telecommunication Facilities with New Cingular Wireless
PCS, LLC, in a form substantially similar to the agreement attached to the staff report.
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 timing light will turn yellow when the speaker has one -minute remaining.
The timing light will turn red when the speaker has 10 seconds remaining.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE