HomeMy WebLinkAbout00 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
JANUARY 22, 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
JANUARY 22, 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. Orange County Business Council Certificate Presentation — Turning Red Tape Into
Red Carpet Award
SS3. Short Term Lodging Update
Staff will be updating the City Council on the status of the City's short term lodging program
and providing suggestions on potential improvements to the program.
SS4. Planning and Adapting to Potential Sea Level Rise and Coastal Flooding
Staff will be discussing the impacts to the height of residential and commercial development
due to the impacts of sea level rise as required by the State and the impact of waves on the
coast as projected by FEMA.
SS5. Economic Update from Beacon Economics
Kicking off fiscal year 2019/20 budget discussions, economist Dr. Chris Thornberg from
Beacon Economics will provide a high-level economic outlook and local revenue forecast for
the City. Taking into account State and national factors such as trends in employment/labor
markets, demographics, real estate and business activity, Beacon Economics creates a
regional model for Orange County and generates a local forecast.
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): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant
City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators.
Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA); Newport
Beach City Employees Association (NBCEA); Newport Beach Police Management Association
(NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); Newport
Beach Employees League (NBEL); and Part Time Employees Association of Newport Beach
(PTEAN B).
City Council Meeting
January 22, 2019
Page 2
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION - Pastor James Pike, Lutheran Church of the Resurrection, 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
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 - 10). 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 January 8, 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
January 22, 2019
Page 3
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2019-5: Proposed Revisions to City Council Policy A-1, City 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. 2019-5, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy A-1 Relating to City Council Meetings.
4. Resolution No. 2019-6: Adopting a Memorandum of Understanding with the Newport
Beach Employees League (NBEL) and Associated Salary Schedule
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 2019-6, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Memorandum of Understanding Between the City of Newport Beach
and the Newport Beach Employees League Association; and
c) Approve Budget Amendment No. 019BA-028 appropriating $103,421.39 to salary and
benefit accounts from unappropriated General Fund surplus fund balance for the remainder
of fiscal year (FY) 2018/19 representing the first six (6) months of the three-year NBEL
contract.
5. Resolution No. 2019-7: General Plan Update Initiation and Creation of a Steering
Committee (PA2017-141)
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. 2019-7, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to the General Plan and Local Coastal Program and
Creating the General Plan Update Steering Committee.
CONTRACTS AND AGREEMENTS
6. Architecture Services — Amendment No. 1 to On-call Professional Services Agreement
with WLC Architects, 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;
b) Approve Amendment No. 1 to WLC's PSA, to extend the contract term to May 30, 2021, and
add $100,000.00 to the current contract for a total not -to -exceed amount of $220,000.00; and
c) Authorize the Mayor and City Clerk to execute the amendment.
7. Lower Sunset View Park Design —Approval of Professional Services Agreement with LSA
(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 a Professional Services Agreement with LSA of Irvine, California, for the Lower
Sunset View Park Conceptual Design project at a not -to -exceed price of $48,500, and
authorize the Mayor and City Clerk to execute the Agreement.
8. Amendment No. One to Maintenance/Repair Services Agreement with International Line
Builders, Inc. for Citywide Streetlight Maintenance and 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;
City Council Meeting
January 22, 2019
Page 4
b) Approve Amendment No. One to the Maintenance/Repair Services Agreement with
International Line Builders, Inc., for Citywide streetlight maintenance and as -needed repairs,
adding $125,000 to the contract for a total not -to -exceed amount of $1,478,425 for the
remainder of the term of the agreement; and
c) Authorize the Mayor and City Clerk to execute the Amendment.
9. Tentative Agreement with Newport Beach Police Management Association (NBPMA)
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to §§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) Receive and consider the Tentative Agreement between the City of Newport Beach and the
Newport Beach Police Management Association.
MISCELLANEOUS
10. Planning Commission Agenda for the January 17, 2019 Meeting
Receive and file.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
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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. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XVIII. PUBLIC HEARINGS
11. Harbor Fees for the New Harbor Department and Select Rents
a) Conduct a public hearing to receive comments on the harbor fees and select rents;
b) 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
c) Adopt Resolution No. 2019-3, A Resolution of the City Council of the City of Newport Beach,
California, Adopting and Revising Certain Harbor Department Fees and Rents within the
Schedule of Rents, Fines, and Fees.
12. Sidewalk Vending Permit Application Fee
a) Conduct a public hearing to receive comments on the Sidewalk Vending Permit Application
fee;
b) 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
c) Adopt Resolution No. 2019-4, A Resolution of the City Council of the City of Newport Beach,
California, Adopting the Sidewalk Vending Permit Application Fee within the Schedule of
Rents, Fines, and Fees.
13. Accessory Dwelling Unit Ordinance Update - Amending the Zoning Code and Local
Coastal Program (PA2018-099)
a) Conduct a public hearing;
City Council Meeting
January 22, 2019
Page 5
b) Find this project statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an
ordinance regarding second units to implement the provisions of Sections 65852.1 and
65852.2 of the Government Code are exempt from the requirements of CEQA;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018-
14, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Title 20 of the Newport Beach Municipal Code and Adopting Zoning Code Amendment
No. CA2018-003 to Implement Revisions to State Law Relating to Accessory Dwelling Units
(PA2018-099), and pass to second reading on February 12, 2019;
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-
1, An Ordinance of the City Council of the City of Newport Beach, California, Amending
Title 21 of the Newport Beach Municipal Code and Adopting Local Coastal Program
Amendment No. LC2017-003, as Modified by the California Coastal Commission (Accepting
Their Suggested Modifications), Implementing New State Law Requirements Relating to
Accessory Dwelling Units (PA2018-099), and pass to second reading on February 12, 2019;
and
e) Adopt Resolution No. 2019-8, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Coastal Land Use Plan of the Local Coastal Program to Add Policy
2.7-5 Related to Accessory Dwelling Units (PA2018-099).
XIX. CURRENT BUSINESS
14. Big Canyon Coastal Habitat Restoration and Adaptation Project — Phase 2A — Adoption of
Mitigated Negative Declaration (MND) and Approve Project Design
a) Adopt Resolution No. 2019-9, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Mitigated Negative Declaration No. ND2018-001 (SCH
No. 2018081098) for the Big Canyon Coastal Habitation Restoration and Adaptation Project
- Phase 2A (PA2018-078), including the Mitigation Monitoring and Reporting Plan, prepared
for the Big Canyon Coastal Habitat Restoration and Adaptation Project - Phase 2A (PA2018-
078), pursuant to the California Environmental Quality Act, State CEQA Guidelines and City
Council Policy K-3; and
b) Approve the design for the Big Canyon Coastal Habitat Restoration and Adaptation Project
— Phase 2A.
15. Advanced (Water) Meter Infrastructure Project, Approval of Initial Proof of Performance
Purchase and Installation Agreement, Project 19W12
a) Find this work exempt from the California Environmental Quality Act (CEQA) pursuant to
Section15301, Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3;
b) Approve a Purchase and Installation Agreement for the Proof of Performance Phase of the
Advanced (Water) Meter Infrastructure Project with Mueller LLC for $191,123.76; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
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 Dorothy O'Brien
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