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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
APRIL 23, 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
APRIL 23, 2019
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION FOLLOWS STUDY SESSION
REGULAR MEETING - 7:00 P.M.
ROLL CALL
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Poppy Month Proclamation
SS3. CASA of Orange County Day Proclamation
SS4. Recognition of Ford W. Fairon
SS5. Potential Changes to Residential Development Standard to Preserve Cottages and
Address 3rd Story Massing
Staff will provide an overview and seek City Council comment and direction regarding two
separate zoning code development standards: residential height and massing standards and
restrictions on residential additions when existing homes do not provide the required
off-street parking.
SS6. On -Street Parking Impacts Due to Construction Activities
Staff will provide an update, including input received from additional public outreach, and
seek further City Council direction on potential code changes to address residential street
parking impacted by construction.
SS7. City Emergency Council Update
Staff will provide background on the City's Emergency Council and an update on disaster
preparedness activities. Staff will also seek City Council input on proposed recommendations
to enhance communications with the City Council and the community regarding the City's
emergency plans and activities.
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, and Barbara Salvini, Human Resources Director; Labor Negotiators.
Employee Organizations: Part Time Employees Association of Newport Beach (PTEANB).
City Council Meeting
April 23, 2019
Page 2
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. INVOCATION — Monsignor Douglas Cook, Our Lady of Mt. Carmel Catholic Church
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. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1 - 12). 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 April 9, 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
April 23, 2019
Page 3
ORDINANCE FOR ADOPTION
3. Adopt Ordinance No 2019-8: Amending the Newport Beach Municipal Code, Setting Time
Limits to Complete Construction
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. 2019-8, An Ordinance of the City Council
of the City of Newport Beach, California, Adding Section 15.02.095 to the Newport Beach
Municipal Code, Setting Time Limits to Complete Construction.
RESOLUTION FOR ADOPTION
4. Resolution No. 2019-38: Specifying Uses for FY 2019-20 RMRA Funding from the Road
Repair and Accountability Act of 2017
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. 2019-38, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a List of Projects for Fiscal Year 2019-2020 Funded by SB 1, the Road
Repair and Accountability Act of 2017.
CONTRACTS AND AGREEMENTS
5. 2018-2019 Playground Improvements Project —Award of Contract No. 7582-1 (19P01)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301_Class 1 (Existing Facilities) and Sec. 15302_Class 2 (Replacement or
Reconstruction) of the CEQA Guidelines, because this involves maintenance of existing
facilities and will be reconstructing existing facilities on the same site as the structure [facility]
replaced. The project will have substantially the same purpose and capacity as the structure
[facility] replaced;
b) Approve the project drawings and specifications;
c) Award Contract No. 7582-1 to R.E. Schultz for the total bid price of $188,645.00, and
authorize the Mayor and City Clerk to execute the contract;
d) Establish approximately $20,000.00 (approximately 10 percent), contingency amount to
cover the cost of unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 19BA-042 transferring $28,000.00 of project savings in
Jasmine Creek Maintenance Road Reconstruction to 2018-2019 Playground Improvements.
6. Slurry Seal Program — Award of Contract No. 7432-1 (19R04)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) Class 2, (reconstruction 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;
b) Approve the project specifications;
c) Award Contract No 7432-1 to Roy Allen Slurry Seal, Inc. for the total bid amount of
$946,629.00;
d) Establish a contingency of $95,000.00 (approximately 10 percent of total bid) to cover the
cost of unforeseen work not included in the original contract; and
e) Approve Budget Amendment No. 19BA-043 appropriating $168,600.00 from the General
Fund Capital Projects unappropriated fund balance (cost savings from completed CIP
projects) to Account No. 0121927-980000-19R04.
City Council Meeting
April 23, 2019
Page 4
7. Approval and Award of Agreement for Weed Abatement Services to Natures Image, 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 a five-year term agreement with Natures Image, Inc. for weed abatement and
vegetation management services for a total not -to -exceed amount of $1,974,933.24, and
authorize the Mayor and City Clerk to execute the agreement; and
c) Approve Budget Amendment No. 19BA-044 appropriating $40,000 from General Fund
unappropriated fund balance to the Parks Division, Hazard Mitigation Account No. 0109031-
841055 within the Public Works Department operating budget for weed abatement and
vegetation management services with funding to be continued with each annual operating
budget proposal.
8. Approval of Amendments to Four On -Call Professional Engineering and Landscape
Architectural Services 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) Approve four separate Amendments to current on-call Professional Services Agreements
with Walden and Associates, Civiltec Engineering and Psomas for Professional Engineering
services increasing the total not -to exceed amount to $300,000 per agreement; and with BGB
Design Group for Professional Landscape Architectural services increasing the total not -to -
exceed amount to $250,000, and authorize the Mayor and City Clerk to execute the
amendments.
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9. Planning Commission Agenda for the April 18, 2019 Meeting
Receive and file.
10. Grants and Donations Report for the Quarter Ending March 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.
11. Storm Drain Operations Fiscal Year 2018/2019 Budget Amendment
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 Budget Amendment No. 19BA-041 appropriating $550,000 from FY 2018/19
General Fund unappropriated fund balance to the Storm Drain Program.
12. City's Position in Opposition to a State Drinking Water Tax; Support for Alternative State
Legislative Measures SB 414 and SB 669
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) Oppose a State Drinking Water Tax and authorize the City Council and staff to communicate
with legislators and join coalition letters in opposition to new water taxes; and
c) Support alternative State Legislative measures SB 669 Safe Drinking Water Trust and
SB 414 Small System Water Authority Act; and authorize the City Council and staff to
communicate with legislators and join coalition letters in support of these measures.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
City Council Meeting
April 23, 2019
Page 5
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
13. Resolution No. 2019-39: Community Development Block Grant — 2019-2020 Action Plan
a) Conduct a public hearing to receive comments on the Action Plan;
b) Find the approval of 2019-2020 Action Plan exempt from the National Environmental Policy
Act (NEPA) pursuant to 24 CFR Part 58, Section 58.34;
c) Find the approval of 2019-2020 Action Plan 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;
d) Adopt Resolution No. 2019-39, A Resolution of the City Council of the City of Newport Beach,
California, Approving the 2019-2020 Action Plan for the Allocation of the Federal Community
Development Block Grant for the 2019-2020 Fiscal Year, and
e) Authorize the City Manager to:
1. Adjust appropriations to specific programs and projects as necessary to conform with the
final 2019-2020 formula grant allocation of CDBG funds from HUD;
2. Submit the 2019-2020 Action Plan to HUD;
3. Execute the 2019-2020 CDBG Program Grant Agreement and all related documents on
behalf of the City;
4. Execute sub -recipient agreements with the nonprofit organizations receiving allocations
of CDBG funds in the Action Plan; and
5. Authorize the Community Development Director, or his/her designee, to be the official
representative of the City of Newport Beach to submit required environmental
documentation for CDBG projects.
XVIII. CURRENT BUSINESS
14. Consideration of Joint Powers Authority with County of Orange and Other Orange County
Cities to Create a Housing Finance Trust
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. 2019-40, A Resolution of the City of Newport Beach, California,
Entering into the Joint Exercise of Powers Agreement to become a Member of the Orange
County Housing Finance Trust.
15. Initiation of Amendments to the Planning & Zoning Code and Local Coastal Program
Implementation Plan (PA2019-055)
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. 2019-41, 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 Minimum Lot Size and Dimensions, Overlay Zoning Districts,
Public Hearing Notification, Corrections to Setback Maps and the Transfer of Development
Rights (PA2019-055).
City Council Meeting
April 23, 2019
Page 6
16. Software License Agreement with Tyler Technologies Inc. for Replacement of the City's
Land Management System
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 Mayor and City Clerk to execute a Software License and Professional Services
Agreement with Tyler Technologies Inc. for the purchase, installation, and implementation
services of a Land Management System in an amount not to exceed $1,355,853; and
c) Authorize the Mayor and City Clerk to execute a Professional Services Agreement with Park
Consulting Group, Inc. for project management services and change management
processes in an amount not to exceed $200,000.
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 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