HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA— ITEM SS5 TITLE CHANGE
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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
SEPTEMBER 10, 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
SEPTEMBER 10, 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. Proclamation Designating International Literacy Day
SS3. Check Presentation from the Friends of the Library
SS4. Community Outreach by the Federal Bureau of Investigation (FBI)
SS5. Code Amendment Update Related to Residential Design Standards (PA2019-070)
Staff will make a presentation on proposed code amendments related to building height and
massing, third story development standards, and beach cottage preservation.
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 LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 20302 Riverside Drive, Newport Beach, CA 92660
APN: 439 251 05
Agency Negotiator: Grace Leung, City Manager
Carol Jacobs, Assistant City Manager
Negotiating Parties: 20302 Riverside Dr. LLC, represented by Kathy Leonard
Under Negotiation: Instruct negotiator as to price and terms of payment
V. RECESS
City Council Meeting
September 10, 2019
Page 2
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, 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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Develop a sign and messaging program, throughout the City, that discourages giving
money directly to panhandlers and encourages donations to programs that offer services
to assist persons experiencing homelessness [O'Neill]
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— 19). 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 August 13, 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
September 10, 2019
Page 3
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3. Second Reading and Adoption of Ordinance No. 2019-13 Amending PC -19 (San Joaquin
Plaza Planned Community) and Ordinance No. 2019-14 Approving a Development
Agreement for the Vivante Senior Housing Project Located at 850 and 856 San Clemente
Drive (PA2018-185)
a) Find that the EIR Addendum for the Vivante Senior Housing Project certified by the City
Council on August 13, 2019, and Museum House Project Environmental Impact Report (EIR)
No. ER2016-002 (SCH No. 2016021023) certified by the City Council on November 29, 2016,
by Resolution No. 2016-126 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. 2019-13, An Ordinance of the City Council
of the City of Newport Beach, California, Adopting Planned Community Development Plan
No. PC2018-001 Amending the San Joaquin Plaza Planned Community (PC -19) Located at
850 and 856 San Clemente Drive (PA2018-185); and
c) Conduct second reading and adopt Ordinance No. 2019-14, An Ordinance of the City Council
of the City of Newport Beach, California, Approving Development Agreement No. DA2018-
005 for the Vivante Senior Housing Project Located at 850 and 856 San Clemente Drive
(PA2018-185).
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2019-77: A Request by the Newport Shores Community Association to Opt
Out of the Designated High -Density Area
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;
b) Find the removal of the Newport Shores Community Association from the geographical
designation of the high-density area will not negatively affect the surrounding property
owners; and
c) Adopt Resolution No. 2019-77, A Resolution of the City Council of the City of Newport Beach,
California, Excluding the Geographical Boundaries of the Newport Shores Community
Association from the Definition of the Designated High -Density Area Pursuant to Newport
Beach Municipal Code Section 10.28.040 (F).
5. Resolution No. 2019-78: Initiation of Zoning Code and LCP Amendments Related to Hedge
Heights in Front Yard Setbacks for Lido Isle (PA2019-132)
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. 2019-78, 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 Hedge Heights in Front Yard Setbacks within Lido Isle (PA2019-
132).
6. Resolution No. 2019-79: Update to City Council Policy F-27 — Policy and Procedures for
City Distribution of Tickets or Passes
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. 2019-79, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy F-27 "Policy and Procedures for City Distribution of
Tickets or Passes" to Include Newly Adopted Fair Political Practices Commission Rules.
City Council Meeting
September 10, 2019
Page 4
CONTRACTS AND AGREEMENTS
7. Approval and Award of On -Call Maintenance/Repair Services Agreements with Joslin
Mobile, Inc. and Computer Deductions, Inc. for Vehicle Customization and Upfitting
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 On -Call Maintenance/Repair Services Agreements with Joslin Mobile, Inc. and
Computer Deductions, Inc. for vehicle customization and upfitting services, each for a three-
year term and a total amount not to exceed $450,000 per agreement, and authorize the
Mayor and City Clerk to execute the agreements.
8. Amendment No. One to On -Call Professional Services Agreement with ECO/NOMICS, Inc.
(C-8478-1)
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. One to Professional Services Agreement with ECO/NOMICS, Inc.
to extend the term of the agreement until May 8, 2025, and to increase the not to exceed
amount by $750,000 for a total not to exceed amount of $1,050,000, and authorize the Mayor
and City Clerk to execute the amendment.
9. Amendment No. One to On -Call Maintenance and Repair Services Agreements with
Academy Electric, Inc. (C-7150-1), Laughlin & White, Inc. (C-7149-1), and A.C. Pozos
Electric Corp. (C-7148-1) for On -Call Electrical Repair 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;
b) Approve Amendment No. One to On -Call Maintenance and Repair Services Agreement for
On -Call Electrical Repair Services with Academy Electric, Inc. to extend the term of the
agreement to five years and increase the not to exceed amount by $150,000, for a total not
to exceed $250,000, and authorize the Mayor and City Clerk to execute the amendment;
c) Approve Amendment No. One to On -Call Maintenance and Repair Services Agreement for
On -Call Electrical Repair Services with Laughlin & White, Inc. to extend the term of the
agreement to five years and increase the not to exceed amount by $150,000, for a total not
to exceed $250,000, and authorize the Mayor and City Clerk to execute the amendment; and
d) Approve Amendment No. One to On -Call Maintenance and Repair Services Agreement for
On -Call Electrical Repair Services with A.C. Pozos Electric Corporation to extend the term
of the agreement to five years and increase the not to exceed amount by $150,000, for a
total not to exceed $250,000, and authorize the Mayor and City Clerk to execute the
amendment.
10. Amendment No. One to On -Call Maintenance and Repair Services Agreement for Roll -Up
Door Preventative Maintenance and As -Needed Repairs with Excel Door and Gate
Company, Inc.
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. One to On -Call Maintenance and Repair Services Agreement for
roll -up door preventative maintenance and as -needed repairs with Excel Door and Gate
Company, Inc. to extend the term of the agreement to five years and increase the not to
exceed amount by $380,000 for a total not to exceed amount of $500,000, and authorize the
Mayor and City Clerk to execute the amendment.
City Council Meeting
September 10, 2019
Page 5
11. Approval of Amendment No. One to Professional Services Agreement with Chambers
Group, Inc. for Environmental Services for the Superior Avenue Pedestrian and Bicycle
Bridge and Parking Lot Project (15T09)
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. One in the amount of $44,242.00 to the Professional Services
Agreement with Chambers Group, Inc. for additional environmental services for a new not -
to -exceed total price of $161,217.00, and authorize the Mayor and City Clerk to execute the
Amendment.
12. Approval of Amendment No. One to Lease Agreement with Williams Scotsman, Inc. for
Temporary Fire Station No. 5 Facility (15F12)
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. One in the amount of $30,000.00 to the Lease Agreement with
Williams Scotsman, Inc. for additional rental charges for a new not -to -exceed total price of
$150,000.00, and authorize the Mayor and City Clerk to execute the Amendment.
13. Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement
Program Grant
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;
b) Authorize the City Council to accept a $250,000 Selective Traffic Enforcement Program
(STEP) award granted to the NBPD by the OTS per Council Policies F-3 and F-25. To comply
with Council Policy F-3, City Council must formally accept the award of $250,000 and create
a new appropriation to expend the funds; and
c) Approve Budget Amendment No. 20-010 increasing NBPD revenue estimates and
expenditure appropriations by $250,000.
14. Tentative Agreement with Newport Beach Lifeguard Management Association (NBLMA)
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 Agreement between the City of Newport Beach and the
Newport Beach Lifeguard Management Association.
15. Approval and Award of Printing Services Agreement with I Color Printing & Mailing Inc.
for the Newport Navigator and Summer Camp Guides
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) Award a five (5) year printing services contract for the Newport Navigator brochure and
summer camp guide to I Color Printing & Mailing Inc. for the total not to exceed bid price of
$520,000 ($104,000 each year), and authorize the Mayor and the City Clerk to execute the
contract agreement.
MISCELLANEOUS
16. Planning Commission Action Report for the August 22, 2019 Meeting
Receive and file.
City Council Meeting
September 10, 2019
Page 6
17. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library
and Appropriate Funds to the Library's Fiscal Year 2019-20 Maintenance and Operation
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) Accept a check in the amount of $185,000 from the Friends of the Newport Beach Library
and approve a Budget Amendment No. 20-008 to increase revenues and expenditures by
the same amount in Division 0106052 (Friends of the Library).
18. City Hall and Limited Off -Site Holiday Closure from Tuesday, December 24, 2019, through
Wednesday, January 1, 2020
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 closing the Civic Center and providing limited services at off-site facilities from
Tuesday, December 24, 2019 through Wednesday, January 1, 2020. All facilities would
reopen on Thursday, January 2, 2020. The proposed closure does not apply to public safety
services or emergency on-call functions.
19. Recommendation of Parks, Beaches, and Recreation Commission with regard to Marine
Avenue Tree Maintenance
a) Find 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, Code of
Regulations, Title 14, Chapter 3 because it will not result in a physical change to the
environment, directly or indirectly; and
b) Receive and file the report.
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
20. Resolution No. 2019-80: Appeal of Reed Residential Variance for 1113 Kings Road
(PA2019-060)
a) Conduct a de novo public hearing;
b) Find this project categorically exempt under Section 15303, of the California Environmental
Quality Act ("CEQA") Guidelines - Class 3 (New Construction or Conversion of Small
Structures), California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential to have a significant effect on the environment; and
c) Adopt Resolution No. 2019-80, A Resolution of the City Council of Newport Beach, California,
Upholding and Affirming the Planning Commission's Approval of Variance No. VA2019-002
to Allow Portions of a New Single -Family Residence to Exceed the Maximum Height Limit
for Property Located at 1113 Kings Road (PA2019-060).
City Council Meeting
September 10, 2019
Page 7
21. Community Development Block Grant Program Year 2018-2019, Consolidated Annual
Performance and Evaluation Report
a) Hold a public hearing to receive comments on the Program Year 2018-19 CAPER;
b) Find this activity 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;
c) Approve the Program Year 2018-19 CAPER; and
d) Authorize the City Manager or her designee to submit the Program Year 2018-19 CAPER to
HUD.
XIX. CURRENT BUSINESS
22. Resolution No. 2019-81: Proposed Revisions to City Council Policy B-17 — Parks, Facilities
and Recreation Program 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;
b) Consider the recommendation from the Parks, Beaches, and Recreation Commission, and
approve revisions to Council Policy B-17; and
c) Adopt Resolution 2019-81, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy B-17 "Parks, Facilities, and Recreation Program
Donations."
23. Ordinance No. 2019-15: Amending Newport Beach Municipal Code Chapter 6.04 —
Garbage, Refuse and Cuttings and Adding Chapter 6.06 — State Mandated Municipal Solid
Waste Diversion Programs
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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-
15, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Portions of Chapter 6.04 and Other Related Provisions of the Newport Beach Municipal Code
and Adding Chapter 6.06 to Title 6 of the Newport Beach Municipal Code to Incorporate State
Mandates on the Diversion of Municipal Solid Waste, and pass to second reading on
September 24, 2019.
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 — In memory of Jack Skinner
Testimony given before the City Council is recorded.
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The timer light will turn red when the speaker has 10 seconds remaining.
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