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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
MAY 28, 2019
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION - 4:30 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
MAY 28, 2019
STUDY SESSION - 4:30 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
ROLL CALL — 4:30 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Review of the Proposed Fiscal Year 2019-20 Capital Improvement Program Budget
(the proposed budget is available online at newportbeachca.gov/budget)
The Capital Improvement Program (CIP) serves as a plan for the provision of public
improvements, special projects, on-going maintenance programs, and the implementation of
the City's master plans. Projects in the CIP include improvements and major maintenance
on arterial highways, local streets, and alleys; storm drain and water quality improvements;
harbor, pier, and beach improvements; park and facility improvements; water and
wastewater system improvements; transportation safety, reliability, and traffic signal
improvements; and planning programs and studies. The presentation will review the
proposed Fiscal Year 2019-20 $96,215,210 Capital Improvement Program budget, as well
as any CIP budget revisions/adjustments that are being proposed since the preparation of
the proposed Fiscal Year 2019-20 CIP document.
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): 2 matters
Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant
City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators.
Employee Organization: Part Time Employees Association of Newport Beach (PTEANB) and
Lifeguard Management Association (LMA).
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), (e)(3)): 1 matter
City Council Meeting
May 28, 2019
Page 2
On May 11, 2019, Ms. Susan Skinner sent a letter to the City of Newport Beach claiming there
was a violation of the Brown Act on February 12, 2019, in that the City failed to appropriately
identify a closed session item and did not report out actions of Council Members as required by
law. A copy of the correspondence is available for inspection pursuant to Section 54957.5 at the
City Clerk's Office located at 100 Civic Center Drive, Newport Beach CA 92660.
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Pastor Peter Little, Christ Pacific Church, Huntington Beach
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 - 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 May 14, 2019 Special Joint Meeting with the Finance Committee and 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
May 28, 2019
Page 3
ORDINANCE FOR INTRODUCTION
3. Ordinance No. 2019-9: Introduction of an Ordinance Restricting Construction Related
Noise on Saturday and Posting of a Project Information Sign for Construction Projects in
High -Density Areas
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. 2019-9, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Portions of Chapters 10.28 and 15.16, and Adding Section
15.60.030 to the Newport Beach Municipal Code, Relating to Construction Activities and
Signage in Designated High -Density Areas, and pass to second reading on June 11, 2019.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2019-45: Initiation of Planning and Zoning Code and LCP Amendments
Related to Design Standards for Single -Family and Duplex in Multi -Family Residential
Zoning Districts (PA2019-070)
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2019-45, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to Title 20 Entitled "Planning and Zoning" and Title 21
Entitled "Local Coastal Program Implementation Plan" of the City of Newport Beach
Municipal Code Related to Development Standards for Single and Two -Unit Dwellings in
Multiple Residential (RM), Multiple Residential Detached (RMD) and Multiple Residential
Coastal (RM) Zoning Districts (PA2019-070).
5. Resolution No. 2019-46: Resolution of Intention to Renew the Corona del Mar Business
Improvement District, Levy Assessments in FY 2019-20 and Fix Time and Place of Public
Hearing; and Approve Funding Support for FY 2019-20
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 Corona del Mar Business Improvement District's Fiscal Year 2018-19 Annual
Report and its Proposed Fiscal Year 2019-20 Budget;
c) Adopt Resolution No. 2019-46, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Renew the Corona del Mar Business Improvement
District and Levy Assessments for the Fiscal Year of July 1, 2019 to June 30, 2020, and Fix
the Time and Place of a Public Hearing for June 11, 2019; and
d) Approve a Commitment of City Funding Support to the Corona del Mar Business
Improvement District for Fiscal Year 2019-20 in the amount of $40,000.
6. Resolution No. 2019-47: Resolution of Intention to Renew the Newport Beach Restaurant
Association Business Improvement District, Levy Assessments for the Fiscal Year 2019-
2020, and Fix the Time and Place of a Public Hearing on June 11, 2019; and Allocate City
Funding Support in the Amount of $40,000 per Year Through FY 2020
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 Newport Beach Restaurant Association Business Improvement District's Fiscal
Year 2018-19 Annual Report and its Proposed Fiscal Year 2019-20 Budget;
City Council Meeting
May 28, 2019
Page 4
c) Adopt Resolution No. 2019-47, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Renew the Newport Beach Restaurant Association
Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2019 to
June 30, 2020, and Fix the Time and Place of a Public Hearing for June 11, 2019; and
d) Approve a Commitment of City Funding Support to the Newport Beach Restaurant
Association Business Improvement District for Fiscal Year 2019-20 in the amount of $40,000.
CONTRACTS AND AGREEMENTS
7. Storm Drain Repair I Rehabilitation Project — Notice of Completion for Contract No. 8163-
1 (18D02)
a) On March 13, 2018, City Council found this project exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15302(c) (replacement of existing facilities involving
no expansion of capacity) 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.
8. Lido Village and West Newport Water Main Replacement — Notice of Completion for
Contract No. 7001-2 (16W14)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On February 28, 2017, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
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. Water Transmission Main Valve Replacement —Award of Contract No. 7539-1 (18W12)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Class 2 Section 15302(c) (replacement of existing public facilities involving negligible or no
expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because it has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7539-1 to T.E. Roberts, Inc. for the bid amount of $749,933.00 for the
Water Transmission Main Valve Replacement project, and authorize the Mayor and City
Clerk to execute the contract; and
d) Establish a contingency of $75,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
10. Professional Surveying Services —Approval of On -Call Professional Services Agreements
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 award two separate five-year term on-call Professional Services Agreements
with Coast Surveying, Inc. and Guida Surveying, Inc. at a not -to -exceed amount of $500,000
for each agreement, and authorize the Mayor and City Clerk to execute the agreements.
11. Approval and Award of Agreement for Fee Study and Citywide Cost Allocation Plan
Services to MGT of America Consulting, LLC
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
City Council Meeting
May 28, 2019
Page 5
b) Approve a three-year agreement with the option to extend for an additional three years, in
one year increments, with MGT for fee study and citywide cost allocation plan services for a
total not -to -exceed amount of $244,436.00 over six years, and authorize the Mayor and City
Clerk to execute the agreement.
MISCELLANEOUS
12. Planning Commission Agenda for the May 23, 2019 Meeting
Receive and file.
13. Set Public Hearing Date to Adopt Fiscal Year 2019-2020 Budget
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) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2019-2020 on
June 11, 2019, and direct the City Clerk to publish a notice of said hearing in accordance
with Section 1102 of the Newport Beach Charter.
14. John Wayne Airport General Aviation Improvement Program Update
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 the Mayor to send a letter to the Orange County Board of Supervisors requesting
the Supervisors adopt the project alternative proposed at the May 7 Board meeting for the
JWA General Aviation Improvement Program; and
c) Authorize the Mayor and City Manager to support any other alternative proposed that most
closely aligns with the direction provided in City Council Policy A-17.
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 HEARING
15. 939 Via Lido Soud Residential Dock Reconfiguration — Appeal of Harbor Commission's
Decision
a) Conduct a public hearing;
b) Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review;
c) The City Council may either affirm, modify or reverse the Harbor Commission's denial of the
proposed dock reconfiguration at 939 Via Lido Soud. By either modifying or reversing the
Harbor Commission's decision, the City Council authorizes staff to issue an Approval in
Concept for the project; and
d) If the City Council affirms the Harbor Commission's decision, adopt Resolution No. 2019-48,
A Resolution of the City Council of the City of Newport Beach, California, Affirming the Harbor
Commission's Denial of an 'Approval In Concept" (Project File No. 2585-2018) for the
Removal and Replacement of a Dock System at the Property Located at 939 Via Lido Soud.
City Council Meeting
May 28, 2019
Page 6
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
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