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Home My WebLink About00 - Agenda6 • `n CITY OF NEWPORT BEACH CITY COUNCIL AGENDA CLOSED SESSION AND REGULAR MEETING NOVEMBER 5, 2019 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED SESSION — 5:30 P.M. 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 NOVEMBER 5, 2019 CLOSED SESSION — 5:30 P.M. (PUBLIC WELCOME) REGULAR MEETING — 7:00 P.M. ROLL CALL — 5:30 p.m. 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. CLOSED SESSION — Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 3 matters 1. Property: 4200 Campus Drive, Newport Beach, CA 92660 APN: 427-121-01 Agency Negotiators: Grace Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: Avis Rent A Car Systems, LLC; and D.E.K.K. Associates, a California limited partnership Under Negotiation: Price and terms of payment 2. Property: 3175 Airway Avenue, Costa Mesa, CA 92627 APN: 427-091-12 Agency Negotiators: Grace Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: City of Costa Mesa Under Negotiation: Price and terms of payment 3. Property: 1885 Anaheim Avenue, Costa Mesa, CA 92627 APN: 424-211-12 Agency Negotiators: Grace K. Leung, City Manager Seimone Jurjis, Community Development Director Lauren Whitlinger, Real Property Administrator Negotiating Parties: City of Costa Mesa Under Negotiation: Price and terms of payment B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Newport Beach Police Association; Kelly Maslin; Michelle Hampton; Dallas Lopez v. City of Newport Beach OCSC Case No. 30-2019- 01101368-CU-BC-CJC City Council Meeting November 5, 2019 Page 2 C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 1 matter Title: Grace K. Leung, City Manager IV. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION — Sayed Mandi al-Qazwini, Associate Imam, Islamic Education Center of Orange County, Costa Mesa IX. PLEDGE OF ALLEGIANCE X. PRESENTATION • Nurse Practitioner Week Proclamation 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 — 9). 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 October 22, 2019 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. City Council Meeting November 5, 2019 Page 3 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. Ordinance No. 2019-16: Amending Chapter 14.12 Water Rates and Charges 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) Introduce Ordinance No. 2019-16, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 14.12 (Water Rates and Charges) of the Newport Beach Municipal Code Setting Water Rates by Resolution and Other Related Changes, and pass to second reading on November 19, 2019. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2019-93: Approval of Measure M2 Expenditure Report 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. 2019-93, A Resolution of the City Council of the City of Newport Beach, California, Concerning the Measure M2 Expenditure Report for the City of Newport Beach for the Fiscal Year Ending June 30, 2019. 5. Resolution No. 2019-94: Reducing Crime and Keeping California Safe Act of 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; and b) Adopt Resolution No. 2019-94, A Resolution of the City Council of the City of Newport Beach, California, Supporting the Reducing Crime and Keeping California Safe Act of 2020. 6. Resolution No. 2019-95: Approving a Legislative Platform 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. 2019-95, A Resolution of the City Council of the City of Newport Beach, California, Approving a Legislative Platform, and authorizing the Mayor to issue statements and letters consistent with the Legislative Platform. CONTRACTS AND AGREEMENTS 7. 2018-2019 Facilities Painting Project — Notice of Completion for Contract No. 7499-1 (18F02) 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 Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond two years after acceptance by the City Council. 8. Workers' Compensation Claims Administrator — Approval of Professional Services Agreement with AdminSure, 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 City Council Meeting November 5, 2019 Page 4 b) Approve a five-year Professional Services Agreement with AdminSure, Inc. for Third Party Workers' Compensation Claims Administration Services at a not -to -exceed amount of $1,705,506.79, and authorize the Mayor and City Clerk to execute the Agreement. MISCELLANEOUS 9. Annual Reporting on Development Impact Fees and Development 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) Receive, review and file the Annual Reports on Development Impact Fees and Development Agreements. 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 10. Adoption of the 2019 California Building Standards Codes and California Fire Code with Local Amendments a) Conduct a public hearing; b) Find the proposed actions are not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because they will not result in a physical change to the environment, directly or indirectly; c) Adopt Resolution No. 2019-96, A Resolution of the City Council of the City of Newport Beach, California, Setting Forth Findings Based on Local Conditions Within the City of Newport Beach Which Make Certain Modifications and Changes to the International Property Maintenance Code, the California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code and the International Pool and Spa Code as Reasonably Necessary because of Local Climatic, Geographic, or Topographic Conditions; d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019- 17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 15 (Building and Construction) of the Newport Beach Municipal Code to Adopt Amendments to Chapter 1 Division II of the 2019 California Building Code Designated as the Newport Beach Administrative Code, 2019 California Historical Code, 2019 California Existing Building Code, 2019 California Green Building Standards Code, and 2019 California Energy Code, 2018 International Property Maintenance Code with Local Amendments, 2019 Edition of the California Building Code, 2019 Edition of the California Residential Code, 2019 California Electrical Code, 2019 California Mechanical Code, 2019 California Plumbing Code, 2018 International Swimming Pool and Spa Code with Local Amendments and Amending Chapter 15.10 (Excavation and Grading), and pass to second reading on November 19, 2019; e) Adopt Resolution No. 2019-97, A Resolution of the City Council of the City of Newport Beach, California, Setting Forth Findings Based on Local Conditions Within the City of Newport Beach Which Make Certain Modification and Changes to the 2019 Edition of the California Fire Code as Reasonably Necessary because of Local Climatic, Geographic, or Topographic Conditions; and City Council Meeting November 5, 2019 Page 5 f) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019- 18, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 9 (Fire Code) of the Newport Beach Municipal Code to Adopt the 2019 Edition of the California Fire Code, as forth in Title 24, Part 9 of the California Code of Regulations, with Local Amendments, and pass to second reading on November 19, 2019. XVIII. CURRENT BUSINESS 11. Consideration of Directing the Parks, Beaches & Recreation Commission to Evaluate the Feasibility of a Community Pool at Lower Castaways Park a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) Direct the Parks, Beaches & Recreation Commission to form an ad hoc committee to study the feasibility of a community pool at Lower Castaways Park through architectural review and community outreach. 12. Resolution No. 2019-98: City Council Policy H-1, Harbor Permit Policy — Proposed Revisions 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. 2019-98, A Resolution of the City Council of the City of Newport Beach, California, Adopting a Revised City Council Policy H-1 "Harbor Permit Policy." 13. Introduction of Ordinances Modifying the City's Regulation of Municipal Campaign Contribution and Expenditure Limits and Establishing Lobbyist Registration, Reporting and Disclosure Requirements 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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019- 19, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 1.25 of Title 1 of the Newport Beach Municipal Code Pertaining to Municipal Campaign Contribution and Expenditure Limits, and pass to second reading on November 19, 2019; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019- 20, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 1.12.020, Subsection J, and Adding Chapter 1.28 to Title 1 of the Newport Beach Municipal Code to Increase Transparency in Government Operations and Establish Lobbyist Registration, Reporting and Disclosure Requirements, and pass to second reading on November 19, 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 Testimony given before the City Council is recorded. The timer light will turn yellow when the speaker has one minute remaining. The timer light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE