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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
FEBRUARY 25, 2020
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION — 5:30 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
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
FEBRUARY 25, 2020
STUDY SESSION — 5:30 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 7:00 P.M.
ROLL CALL — 5:30 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Presentation to Peter Clark — 2019 Newport Beach Junior Lifeguard of the Year
SS3. Proclamation to Laird Hayes for His Contributions to the City of Newport Beach
SS4. Presentation from the Banning Ranch Conservancy
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
(Government Code § 54956.9 (d) (2) and (e) (3)): 1 matter
On January 28, 2020, the City of Newport Beach received a Notice of Intent to Commence Cease
and Desist Order, Restoration Order, and Administrative Civil Penalties Proceedings from John
Ainsworth the Executive Director of the California Coastal Commission related to alleged
prohibited encroachments on Peninsula Point from a 250 feet southeast of E Street to Channel
Road, in the City of Newport Beach. A second Notice of Intent related to this same matter was
received from John Ainsworth on January 30, 2020. A copy of the Notices of Intent are available
for public inspection at the City Clerk's Office located at 100 Civic Center Drive, Newport Beach,
California 92660.
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
City Council Meeting
February 25, 2020
Page 2
IX. INVOCATION — Pastor Peter Little, Christ Pacific Church, Huntington Beach
X. PLEDGE OF ALLEGIANCE
XI. PRESENTATION
• Recognition of Karen Tringali and the Corona del Mar Residents Association
XII. 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.
XIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
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— 16). 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 February 11, 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.
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3. Ordinance No. 2020-7: Amending the Newport Beach Municipal Code for Lido Isle Hedge
Heights
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
February 25, 2020
Page 3
b) Conduct second reading and adopt Ordinance No. 2020-7, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Title 20 Entitled "Planning and Zoning"
of the City of Newport Beach Municipal Code Related to Hedge Heights in Front Setbacks
Abutting Stradas Within Lido Isle (PA2019-132).
4. Ordinance No. 2020-8: Updating the Newport Beach Municipal Code for Short Term
Lodging
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) Conduct second reading and adopt Ordinance No. 2020-8, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Section 1. 05.020 Subsection (F), Section
3.16.060 and Chapter 5.95 of the Newport Beach Municipal Code Relating to Short Term
Lodging.
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2020-20: Approval of the 2018 Urban Areas Security Initiative Grant
Program Transfer Agreement with the City of Anaheim
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. 2020-20, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Agreement for Transfer or Purchase of Equipment/Services or for
Reimbursement of Training Costs for the Fiscal Year 2018 Urban Areas Security Initiative
(UASI) between the City of Newport Beach and the City of Anaheim; and
c) Authorize the Mayor to sign the Agreement.
6. Resolution No. 2020-21: Amending the Membership of the Housing Element Update
Advisory Committee; and Confirming Appointments to the Housing Element Update
Advisory Committee
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) Adopt Resolution No. 2020-21, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Membership of the Housing Element Update Advisory Committee;
and
c) Confirm Mayor Will O'Neill's appointments to the Housing Element Update Advisory
Committee, as follows:
1. Chairperson Larry Tucker — Legal background and highly experienced in leading public
meetings
2. Jeff Bloom — Knowledge and experience in real estate financing
3. Susan DeSantis — Knowledge and experience in stakeholder outreach for the purpose
of engaging individuals and/or organizations within the City in the Housing Element
Update process
4. Paul Fruchbaum — Experience in the development of affordable housing and/or senior
housing
5. Beth Kiley — General knowledge and experience in the community
6. Geoffrey LePlastrier — Architectural and/or land use and planning knowledge and
experience
7. Stephen Sandland — Architectural and/or land use and planning knowledge and
experience
8. Ed Selich — Knowledge and experience with residential development
9. Debbie Stevens — Knowledge and experience in the application of the California
Environmental Quality Act and other related environmental laws
10. Ex Officio Will O'Neill.
City Council Meeting
February 25, 2020
Page 4
CONTRACTS AND AGREEMENTS
7. Police Station Gun Range Remodel — Award of Contract No. 7080-1 (19F12)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because this project has no potential to have a significant effect on the
environment;
b) Approve the project drawings and specifications;
c) Award Contract No. 7080-1 to Optima RPM, Inc. (Optima RPM) for the total bid price of
$691,000.00, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish $70,000.00 (approximately 10 percent) contingency to cover the cost of unforeseen
work not included in the original contract.
8. City Corporation Yard Re -Roofing Project — Award of Contract No. 7719-1 (20F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301_Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines,
because this project results in no expansion of an existing use;
b) Approve the project drawings and specifications;
c) Award Contract No. 7719-1 to San Marino for the total bid price of $551,000.00, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency amount of $55,000.00 (approximately 10 percent) to cover the cost
of unforeseen work not included in the original contract.
9. Concrete Alley and Street Replacement (65802 & 201107) — Approval of Professional
Services Agreement with DMS Consultants Civil Engineers, Inc., Contract No. 7753-1
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;
b) Approve a Professional Services Agreement with DMS Consultants Civil Engineers, Inc. of
Garden Grove, CA, for the Concrete Alley and Street Replacement project at a not -to -exceed
price of $177,630.00, and authorize the Mayor and City Clerk to execute the Agreement; and
c) Approve Budget Amendment No. 20-035 appropriating $100,000 from the Water Capital
Reserve Fund Balance to Water Capital Distribution and Piping Account No. 70201931-
980000-20R07.
10. Balboa Boulevard Median Improvements (191111) — Approval of Professional Services
Agreement with Civil Works Engineers, Inc., Contract No. 7629-1
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 a Professional Services Agreement with Civil Works Engineers, Inc. of Costa Mesa,
CA, for the Balboa Boulevard Median Improvements project at a not -to -exceed price of
$177,764.00, and authorize the Mayor and City Clerk to execute the Agreement.
11. Approve Professional Services Agreement with Cathyjon Enterprises, Inc. dba HB
Staffing for Temporary Labor Services
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 a three-year Professional Services agreement with Cathyjon Enterprises, Inc. dba
HB Staffing for temporary laborer services for project work for a total not -to -exceed amount
of $450,000, and authorize the Mayor and City Clerk to execute the agreement.
City Council Meeting
February 25, 2020
Page 5
12. Approval of On -Call Professional Services Agreement with NV5 Inc. for Assessment
Engineering 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 Professional Services Agreement with NV5 Inc. for Assessment
Engineering Services with a term of five -years and a total not -to -exceed amount of $250,000,
and authorize the Mayor and City Clerk to execute the agreements.
13. Approve Amendment No.1 to Agreement for Restaurant Grease Control Device Inspection
Services with Environmental Compliance Inspection 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.1 to the Agreement with Jon Kinley DBA Environmental
Compliance Inspection Services for the grease control device inspection program for a total
not -to -exceed compensation amount of $450,000 and for a five-year total term, and authorize
the Mayor and City Clerk to execute the agreement.
14. Approval of a Purchase Order with Allstar Fire Equipment, Inc., for Self -Contained
Breathing Apparatus
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 City Manager and Finance Director, or their designee, to execute and issue a
purchase order to Allstar Fire Equipment, Inc., for the purchase of self-contained breathing
apparatus in the amount of $779,159.16; and
c) Approve Budget Amendment No. 20-034 appropriating $254,024.62 to SCBA capital
equipment account (75604-911024) from the Fire Equipment Replacement Fund.
MISCELLANEOUS
15. Planning Commission Agenda for the February 20, 2020 Meeting
Receive and file.
16. Proposed Harbor Commission Goals and Objectives 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) Approve the proposed Harbor Commission Goals and Objectives for 2020.
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.
City Council Meeting
February 25, 2020
Page 6
XVIII. PUBLIC HEARING
17. Ordinance No. 2020-6: Amendment to Section 9.04.380 of the Newport Beach Municipal
Code to Adopt the Local Amendments to the 2019 Edition of the California Fire Code
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. 2020-22, 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
d) Waive full reading, direct the City Clerk to read by title only, and adopt Ordinance No. 2020-
6, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Section 9.04.380 (Replacement to Chapter 49 Requirements for Wildland-Urban Interface
Fire Areas) of the Newport Beach Municipal Code to Adopt Local Amendments to the 2019
Edition of the California Fire Code as set forth in Title 24, Part 9, of the California Code of
Regulations.
XIX. CURRENT BUSINESS
18. Request for Qualifications (RFQ) for Permanent Supportive Housing Project
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 City Manager to prepare and release a Request for Qualifications for a
Permanent Supportive Housing Developer in the City of Newport Beach; and
c) Determine the City's financial participation in the project.
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
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