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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
FEBRUARY 26, 2019
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION - 5:00 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 26, 2019
STUDY SESSION - 5:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
ROLL CALL - 5:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Presentation to Emily Park — 2018 Newport Beach Junior Lifeguard of the Year
SS3. Presentation to the Newport Harbor High School Varsity Girls Soccer Team for
Clinching the League Championship
SS4. Recognition of the Newport Beach Police Department for their Investigative Work in
the Linda Ann O'Keefe Case
SS5. Newport Beach Water Supply and System Update
Staff will provide an update regarding the City's water system with a focus on the
groundwater basin which provides 75% of the City's water needs. Also, staff will present
information on the recent emergency waterline break on Jamboree Road.
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: Diane B. Dixon, Mayor and Will O'Neill, Mayor Pro Tem
Unrepresented Employees: All employees in the Key and Management Group.
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2) and (e)(2)(3)): 1 matter
The facts and circumstances giving rise to closed session consist of a dispute regarding alleged
unpaid money arising out of the Amended and Restated Professional Services Agreement with
Central Parking System, Inc. for Parking Meter Services, dated May 22, 2012, as amended. In
accordance with Government Code § 54957.5, a copy of the correspondence dated June 29,
2018 and October 19, 2018, that sets forth the particulars of the dispute is available for public
inspection at the City Attorney's Office located at 100 Civic Center Drive, Newport Beach, CA
92660.
City Council Meeting
February 26, 2019
Page 2
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
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VIII. CLOSED SESSION REPORT
IX. INVOCATION - Reverend Dr. George Okusi, St. John the Divine Episcopal Church, Costa Mesa
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. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1 - 11). 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 February 2, 2019 Special Meeting (Planning Session) and the February 12,
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.
City Council Meeting
February 26, 2019
Page 3
ORDINANCES FOR ADOPTION
3. Second Reading and Adoption of Ordinance No. 2019-2, Amending Newport Beach
Municipal Code Chapters 15.05 and 15.50 Related to 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) Conduct second reading and adopt 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.
4. Second Reading and Adoption of Ordinance Nos. 2019-3 and 2019-4 Related to the Harbor
Pointe Senior Living Project Located at 101 Bayview Place (PA2015-210)
a) Find that the Harbor Pointe Senior Living Project Environmental Impact Report (EIR)
No. ER2018-001 (SCH No. 2016071062) certified by the City Council on February 12, 2019,
by Resolution No. 2019-13 was prepared for the project in compliance with California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy
K-3;
b) Conduct second reading and adopt 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
c) Conduct second reading and adopt 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 (PA 2015-210).
5. Second Reading and Adoption of Ordinance No. 2019-5, Amending the City's Certified
Local Coastal Program for Consistency (LC2017-002)
a) 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; and
b) Conduct second reading and adopt 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 (PA2017-047).
RESOLUTION FOR ADOPTION
6. Cooperative Agreement for the Administration of the Orange County Taxi Administration
Program (OCTAP); Acceptance of OCTAP Regulations
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) Authorize City Manager to execute Cooperative Agreement No. C-8-2015 with Orange
County Transportation Authority for the administration of the Orange County Taxi
Administration Program (OCTAP), effective January 1, 2019, through December 31, 2020;
and
City Council Meeting
February 26, 2019
Page 4
c) Adopt Resolution No. 2019-18, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Orange County Taxi Administration Program Regulations.
CONTRACTS AND AGREEMENTS
7. Tentative Agreements with Newport Beach City Employees Association (NBCEA) and
Newport Beach Professional and Technical Employees Association (NBPTEA)
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) Receive and consider the Tentative Agreements between the City of Newport Beach and the
Newport Beach City Employees Association and the City of Newport Beach and the Newport
Beach Professional and Technical Employees Association.
8. Amendment No. 4 to the Professional Services Agreement with Host Compliance LLC for
Online Short -Term Rental Listing 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) Approve Amendment No. 4 to the Professional Services Agreement and authorize the Mayor
and City Clerk to execute the agreement.
MISCELLANEOUS
9. Planning Commission Agenda for the February 21, 2019 Meeting
Receive and file.
10. Appointment to the Finance Committee to Fill an Unscheduled Vacancy
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) Confirm Council Member Kevin Muldoon's appointment of John Reed to serve on the
Finance Committee for a term ending June 30, 2019.
11. Grants and Donations
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) Receive and file.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVI. 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.
XVII. PUBLIC HEARINGS
12. Appeal of Planning Commission's Denial of a Minor Use Permit No. UP2018-014 for E. Art
Gallery (PA2018-177)
a) Conduct a de novo public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines, because it has no potential to
have a significant effect on the environment; and
City Council Meeting
February 26, 2019
Page 5
c) Adopt Resolution No. 2019-19, A Resolution of the City Council of the City of Newport Beach,
California, Reversing the Decision of the Planning Commission and Approving the Appeal of
Minor Use Permit No. UP2018-014 for a Tattoo Studio (Personal Services, Restricted Use)
Located at 2721 East Coast Highway, Suite 104 (PA2018-177).
13. A Six -Month Extension to a Hoag Development Agreement (PA2018-024)
a) Conduct a public hearing;
b) 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
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-
6, 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. DA2018-004), and pass on to a
second reading on March 12, 2019.
XVIII. CURRENT BUSINESS
14. Resolution No. 2019-20: Amending the Membership of the General Plan Update Steering
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; and
b) Adopt Resolution No. 2019-20, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Membership of the General Plan Update Steering Committee.
15. Introduction of an Ordinance Amending the Newport Beach Municipal Code Relating to
On -street Parking Impacts Due to Construction Activities and the Overall Time a
Construction Project May Take
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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-
7, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Portions of Chapters 10. 28, 15.02 and 15.16, Adding Section 15.60.030, and Adding a New
Chapter 15.90 to the Newport Beach Municipal Code, Relating to On -Street Parking Impacts
Due to Construction Activities, and pass to second reading on March 12, 2019.
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 Barbara Swindall
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