The URL can be used to link to this page

Home My WebLink About00 - Agenda�-I `n CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING JANUARY 28, 2020 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) REGULAR MEETING — 7:00 P.M. WILL O'NEILL, Mayor BRAD AVERY, Mayor Pro Tem JOY BRENNER, Council Member DIANE B. DIXON, 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 JANUARY 28, 2020 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) REGULAR MEETING — 7:00 P.M. ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Proclamation to Barbara Sloate for Her Years of Volunteering at the OASIS Senior Center SS3. Proclamation to Laird Hayes for His Contributions to the City of Newport Beach SS4. Newport Heights Pedestrian and Bicycle Facility Discussion City staff will discuss pedestrian and bicycle access within the Newport Heights area, including current conditions and additional pedestrian and bicycle improvements that may be considered for the neighborhood. I1111111111111111111211 N[@Kde]LTA lLTi l:101k&I 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. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. INVOCATION — Reverend Mary Scifres, Corona del Mar Community Church VIII. PLEDGE OF ALLEGIANCE IX. 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. City Council Meeting January 28, 2020 Page 2 X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES E/1111111111111111111211311[sKde]LTA lLY, l:Iill 11&K91zKole] l;9Ak11tfy_" :Iki1117_1 V This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 15). 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. E/I1�0161kiRi=16411tey_" =1ki117_1 V READING OF MINUTES AND ORDINANCES 1. Minutes for the January 14, 2020 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. ORDINANCES FOR INTRODUCTION 3. Ordinance No. 2020-2: Amending Chapter 14.12 of the Newport Beach Municipal Code to Comply with SB 998, the Water Shutoff Protection Act a) Determine this action to be 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. 2020-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 14.12 of Title 14 of the Newport Beach Municipal Code Relating to Water Service Discontinuation for Nonpayment, and pass to second reading on February 11, 2020. 4. Ordinance No. 2020-3: Introduction of Ordinance Establishing Lobbyist Registration, Reporting and Disclosure Requirements a) Determine this action to be 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. 2020-3, 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 February 11, 2020. ORDINANCE FOR ADOPTION 5. Ordinance No. 2020-1: Amending Chapter 12.24 of the Newport Beach Municipal Code Regarding Speed Limits City Council Meeting January 28, 2020 Page 3 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 Ordinance No. 2020-1, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections of Chapter 12.24 of the Newport Beach Municipal Code Regarding Increasing and Decreasing State Speed Limits. RESOLUTIONS FOR ADOPTION 6. Resolution No. 2020-7: Accepting a Grant from the State of California, Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange (SAVE) Program 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. 2020-7, A Resolution of the City Council of the City of Newport Beach, California, Accepting a Grant from the State of California, Department of Parks and Recreation, Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange Program; and c) Approve Budget Amendment No. 20-028 recognizing $175,000 in grant revenue from the California Division of Boating and Waterways (13501-431385-20H11) and appropriating $175,000 to Account No. 13501-980000-20H11 (Abandoned Watercraft Abatement). 7. Resolution No. 2020-8: Opposing the Modified RHNA Allocation Methodology Approved by the Southern California Association of Governments Regional Council 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. 2019-8, A Resolution of the City Council of the City of Newport Beach, California, Opposing the Modified Regional Housing Needs Assessment Allocation Methodology Approved by the Southern California Association of Governments Regional Council. 8. Resolution No. 2020-9: Formation of an Ad Hoc Committee to Explore Opportunities for Private Funding of the Proposed Central Library Lecture Hall 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. 2020-9, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee to Explore Opportunities for Private Funding of the Proposed Central Library Lecture Hall Project; and c) Appoint Mayor Will O'Neill and Mayor Pro Tem Brad Avery to serve on said Ad Hoc Committee. 9. Resolution No. 2020-10: Formation of an Ad Hoc Committee to Explore Opportunities for Private Funding of the Proposed Newport Beach Junior Lifeguard Building 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. 2020-10, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee to Explore Opportunities for Private Funding of the Proposed Newport Beach Junior Lifeguard Building Project; and c) Appoint Mayor Will O'Neill and Council Member Diane Dixon to serve on said Ad Hoc Committee. City Council Meeting January 28, 2020 Page 4 10. Resolution No. 2020-11: Investment Policy 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; and b) Adopt Resolution No. 2020-11, A Resolution of the City Council of the City of Newport Beach, California, Finding Consistency with Stated Investment Objectives and Amending City Council Policy F-1 to Add Clarifying Language that is Consistent with Government Code Section 53600, et seq. CONTRACTS AND AGREEMENTS 11. Approval and Award of On -Call Professional Project Management Services Agreements with DMS Consultants Civil Engineers, Inc. and DMc Engineering 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 Professional Project Management Services Agreements with DMS Consultants Civil Engineers, Inc., and with Derek J. McGregor, Inc. DBA DMc Engineering; with each agreement being for a term of three -years and a total not -to -exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the agreements. 12. Approval of Landscape Maintenance Agreement with the California Department of Transportation for West Coast Highway Improvements a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (c) (minor alterations of existing facility 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; and b) Approve the Landscape Maintenance Agreement within State Highway Right of Way on Route 1, and authorize the Mayor and City Clerk to execute the Agreement. 13. Approval of Agreement with Newport Bay Naturalists and Friends, d.b.a. Newport Bay Conservancy, for the Fostering interest in Nature (FiiN) Program 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 agreement for the Fostering interest in Nature Program to Newport Bay Naturalists and Friends, d.b.a. Newport Bay Conservancy, for a total not -to -exceed amount of $520,403 ($100,000 each year with a 2% cost increase adjustment after year one), and authorize the Mayor and City Clerk to execute the contract agreement. MISCELLANEOUS 14. Planning Commission Agenda for the January 23, 2020 Meeting Receive and file. 15. Grants and Donations Report for the Quarter Ending December 31, 2019 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 City Council Meeting January 28, 2020 Page 5 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR E/VL1111 31110K*141iyiI ,I=1�11&X07►IZ1:C I,ff_1 l=1►117_11II1:1iy6'? 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. XV. PUBLIC HEARING 16. Ordinance No. 2020-4: Introduction of a Cottage Preservation Ordinance (PA2019-181) a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment; c) Waive reading, read by title only, introduce Ordinance No. 2020-4, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Code Amendment No. CA2019- 006 to Amend Title 15 Entitled "Building and Construction" and Title 20 Entitled "Planning and Zoning" of the City of Newport Beach Code Related to Cottage Preservation (PA2019- 181), and pass to second reading on February 11, 2020; and d) Adopt Resolution No. 2020-12, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2019-004 to the California Coastal Commission to Amend Title 21 Entitled "Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code and the City of Newport Beach Local Coastal Program Coastal Land Use Plan Related to Cottage Preservation (PA2019-181). XVI. CURRENT BUSINESS 17. Ordinance No. 2020-5: Proposed Changes to the Newport Beach Municipal Code, Title 17 — Harbor Code 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 reading, read by title only, introduce Ordinance No. 2020-5, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 17 (Harbor Code) and Other Related Provisions of the Newport Beach Municipal Code Making Comprehensive Revisions Including, but not limited to, Updating Definitions, Regulating Marine Sanitation Devices to Protect Against Discharge of Waste in Newport Harbor, Amending Requirements for Mooring Sub -Permits, Adding a Procedure to Allow Mooring Length Extensions and Modifying and/or Adding Procedures for Issuance of Permits, Appeals/Calls for Review and Revocations, and pass to second reading on February 11, 2020. 18. Approval and Award of On -Call Maintenance and Repair Services Agreement with RAMCO General Engineering Contractors for Balboa Island Wooden Bench Maintenance & Refurbishment 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 a two year on-call maintenance and repair services agreement with Emilio Ramirez dba RAMCO General Engineering Contractors for a not -to -exceed contract amount of $691,720.00, and authorize the Mayor and City Clerk to execute the agreement; City Council Meeting January 28, 2020 Page 6 c) In order to fund the first year of this contract, approve Budget Amendment No. 20-029 transferring appropriations of $88,400.00 from the Balboa Island Enhancements Project in the Capital Improvement Program (CIP) budget account 01201928-980000 and appropriating $213,460.00 in increased expenditures from the General Fund unappropriated fund balance to the Public Works account 0109041-851016; and d) Provide direction on whether the level of maintenance for the existing wood street furniture should be continued and budgeted for in FY 2020-21 and future years or if an alternative course is desired. EV/111111111110khKIIIQki1;101:I:7xd01ill &IIDI:11:7_1%1101ZI 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. XVIII. ADJOURNMENT — In memory of Stan Troutman 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