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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
JUNE 11, 2019
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION - 5:00 P.M. (PUBLIC WELCOME)
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
JUNE 11, 2019
STUDY SESSION - 5:00 P.M. (PUBLIC WELCOME)
REGULAR MEETING - 7:00 P.M.
ROLL CALL — 5:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Recognizing the Newport Harbor High School Boys' Volleyball Team for Winning the
CIF Southern Section Division 1 Championship
SS3. Update on Short Term Lodging
Provide comments to City staff on the proposed changes to the Short Term Lodging Permit
ordinance.
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. RECESS
V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. INVOCATION — Pastor Jack West, Mariners Church Irvine
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
June 11, 2019
Page 2
X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XI. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Incorporating the Harbor Commission into the City Charter (Duffield)
• Creating a Marine Avenue Projects Committee (Standing Committee) (Muldoon)
• Review of City Council Policy H-1 (Harbor Permit Policy) to Provide Direction to the Harbor
Commission (O'Neill)
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This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1 - 20). 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.
XIII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the May 28, 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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2019-9: Adoption of an Ordinance Restricting Construction Related Noise
on Saturday and Posting of a Project Information Sign for Construction Projects in
High -Density Areas
a) Find this action 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; and
b) Conduct second reading and adopt Ordinance No. 2019-9, An Ordinance of the City Council
of the City of Newport Beach, California, Amending Portions of Chapters 10.28 and 15.16,
and Adding Section 15.60.030 to the Newport Beach Municipal Code, Relating to
Construction Activity and Signage in Designated High -Density Areas.
City Council Meeting
June 11, 2019
Page 3
4. Resolution No. 2019-48: Approving the Proposed Residential Dock Reconstruction
Project at 939 Via Lido Soud
a) Find the project exempt from the California Environmental Quality Act ("CEQA") pursuant to
Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of
the CEQA Guidelines, Code of Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2019-48, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Residential Dock Reconstruction Project (File No. 2585-2018) at
the Property Located at 939 Via Lido Soud.
5. Resolution No. 2019-49: Annual Measure M2 — Program Eligibility Submittal
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 the Measure M2 Seven -Year CIP;
c) Adopt Resolution No. 2019-49, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Status and Update of the Circulation Element, Mitigation Fee
Program, and Pavement Management Plan for the Measure M2 Program; and
d) Direct staff to submit all necessary material to OCTA to satisfy the Measure M annual
eligibility requirements.
6. Resolution No. 2019-50: Adopting a Resolution Pursuant to Labor Code Section 3600.2;
Workers' Compensation
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. 2019-50, A Resolution of the City Council of the City of Newport Beach,
California, Made Pursuant to California Labor Code Section 3600.2.
7. Resolution No. 2019-51: Adoption of Fiscal Year 2019-20 Appropriations Limit
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. 2019-51, A Resolution of the City Council of the City of Newport Beach,
California, Determining and Establishing an Appropriations Limit (GANN) for Fiscal Year
2019-20 in Accordance with Article X111B of the California Constitution and Government Code
Section 7910 in the amount of $ 201,601,920.
8. Resolution No. 2019-52: Authorizing the Temporary Closure of Selected Streets for the
July 4th Holiday Period
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. 2019-52, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Temporary Closure of Back Bay Drive, the 100 Block of Orange
Street from Traffic Off of Pacific Coast Highway, Via Oporto from Via Lido to 32nd Street, San
Joaquin Hills Road Between Back Bay Drive and the Entrance to the Park Newport
Apartment Complex, and Via Malaga Between Via Oporto and Via Lido.
9. Resolution No. 2019-46: Resolution of Intention to Renew the Corona del Mar Business
Improvement District, Levy Assessments in FY 2019-20, and Fix the Time and Place of
Public Hearing
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
June 11, 2019
Page 4
b) Approve the Corona del Mar Business Improvement District's Fiscal Year 2018-19 Annual
Report and its Proposed Fiscal Year 2019-20 Budget; and
c) Adopt Resolution No. 2019-46, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Renew the Corona del Mar Business Improvement
District and Levy Assessments for the Fiscal Year of July 1, 2019 to June 30, 2020, and Fix
the Time and Place of a Public Hearing for June 25, 2019.
10. Resolution No. 2019-47: Resolution of Intention to Renew the Newport Beach Restaurant
Association Business Improvement District, Levy Assessments in FY 2019-20, and Fix the
Time and Place of a Public Hearing
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 the Newport Beach Restaurant Association Business Improvement District's
Revised Fiscal Year 2018-19 Annual Report and its Revised Proposed Fiscal Year 2019-20
Budget; and
c) Adopt Resolution No. 2019-47, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Renew the Newport Beach Restaurant Association
Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2019 to
June 30, 2020, and Fix the Time and Place of a Public Hearing for June 25, 2019.
11. Resolution No. 2019-53: Formation of an Ad Hoc Committee on Business Improvement
Districts
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. 2019-53, A Resolution of the City Council of the City of Newport Beach,
California, Creating an Ad Hoc Committee on Business Improvement Districts; and
c) Confirm Mayor Diane Dixon's appointments of Council Member Joy Brenner and Council
Member Jeff Herdman to the Ad Hoc Committee on Business Improvement Districts.
CONTRACTS AND AGREEMENTS
12. Street Pavement Repair Program — Notice of Completion for Contract No. 7442-1 (19R03)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On November 13, 2018, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
13. Concrete Replacement Program — Notice of Completion for Contract No. 7434-1 (19R06)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On November 27, 2018, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
14. Newport Bay Trash Mitigation Project — Approval of Agreement for Catch Basin Connector
Pipe Screens (CPS)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301, Class 1 (Existing Facilities) of the CEQA Guidelines, because this project
has no potential to have a significant effect on the environment;
City Council Meeting
June 11, 2019
Page 5
b) Approve Budget Amendment No. 19BA-046 recognizing and appropriating $125,226 in new
revenue and expenditures from Orange County Transportation Authority (OCTA) Measure M
Competitive revenue (Account No. 1230052-431150-19X11) and Measure M Competitive
CIP (Account No. 1230052-980000-19X11); and
c) Authorize the City Manager to enter into the necessary agreements with United Storm Water,
Inc. for $156,531.75 for the purchase and installation of 425 catch basin connector pipe
screens (CPS).
15. Tentative Agreement with the Part Time Employees Association of Newport Beach
(PTEANB)
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 consider the Tentative Agreement between the City of Newport Beach and the
Part Time Employees Association of Newport Beach.
16. Tentative Agreement with the Newport Beach Fire Management Association (NBFMA)
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 consider the Tentative Agreement between the City of Newport Beach and the
Newport Beach Fire Management Association.
17. General Liability Third Party 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
b) Approve a five-year Professional Services Agreement with AdminSure, Inc. for Third Party
General Liability Claims Administration Services at a not -to -exceed amount of $565,015.34,
and authorize the Mayor and City Clerk to execute the Agreement.
MISCELLANEOUS
18. Planning Commission Agenda for the June 6, 2019 Meeting
Receive and file.
19. Appointments to the Aviation Committee
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) Confirm Mayor Diane B. Dixon's appointment of Alan Guenther as the District 1 Member on
the Aviation Committee for a term expiring June 30, 2025;
c) Confirm Mayor Pro Tem Will O'Neill's appointment of Hugh Logan as the District 7 Member
on the Aviation Committee for a term expiring June 30, 2025;
d) Confirm Council Member Brad Avery's appointment of Steve Byers as the District 2 Member
on the Aviation Committee for a term expiring June 30, 2022;
e) Confirm Council Member Duffy Duffield's appointment of Bonnie O'Neill as the District 3
Member on the Aviation Committee for a term expiring June 30, 2025;
f) Confirm Council Member Kevin Muldoon's appointment of Thomas Meng as the District 4
Member on the Aviation Committee for a term expiring June 30, 2022;
g) Confirm Council Member Jeff Herdman's appointment of James Dunlap as the District 5
Member on the Aviation Committee for a term expiring June 30, 2025;
h) Confirm Council Member Joy Brenner's appointment of Jeffrey Cole as the District 6 Member
on the Aviation Committee for a term expiring June 30, 2022;
City Council Meeting
June 11, 2019
Page 6
i) Confirm Mayor Diane B. Dixon's appointment of Jack Stranberg as the At -Large Member on
the Aviation Committee for a term expiring June 30, 2022;
j) Confirm Mayor Diane B. Dixon's appointment of Stephen Livingston as the General Aviation
Community Member on the Aviation Committee for a term expiring June 30, 2025; and
k) Direct the City Clerk to advertise for the Newport Coast seat on the Aviation Committee.
20. Board and Commission Scheduled Vacancies — Confirmation of Nominees
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 the portion of City Council Policy A-2 (Boards, Commissions & Committees) that
recommends nominating two or more candidates for each vacancy, if a sufficient number of
candidates are available;
c) Should the City Council nominate Arlene Greer for a potential seat on the City Arts
Commission, waive a portion of City Council A-2; and
d) Confirm the nominations made by the City Council Ad Hoc Appointments Committee:
Board of Library Trustees [2 vacancies]
1. Janet Ray (incumbent)
2. Barbara Glabman
3. Carrie Williams
4. Ash Kumra
Building and Fire Board of Appeals [1 vacancy]
1. Robert Ahlke (incumbent)
2. Crystal Chavez -Jones
City Arts Commission [1 vacancy]
1. Arlene Greer (incumbent/recommend one year term)
2. Maureen Flanagan
Civil Service Board [1 vacancy]
Maiqual (Mike) Talbot
Harbor Commission [2 vacancies]
1. Marie Marston
2. Steve Scully
3. Renee West
Parks, Beaches & Recreation Commission [2 vacancies]
1. Laird Hayes (incumbent)
2. Cynthia Sender
3. Sheela Voleti
4. Kate Malouf
Planning Commission [2 vacancies]
1. Sara Klaustermeier
2. Alex Chazen
3. Mark Rosene
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE
ITEMS REMOVED
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Meeting
June 11, 2019
Page 7
XV. 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.
XVI. PUBLIC HEARINGS
21. Resolution No. 2019-54: Fiscal Year 2019-2020 Budget Adoption; City Budget Hearing;
Recommendations from the Finance Committee; and Proposed Budget Revision Items
a) Conduct a public hearing on the City Manager's Proposed Budget for Fiscal Year 2019-20.
After taking public input, discuss Council member recommendations for additions, deletions,
or modifications to the proposed budget via the Proposed Budget Revisions (formerly the
"Budget Checklist");
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;
c) Review and consider the Finance Committee's budget recommendations;
d) Review and consider the City Manager's recommended list of City position classifications
and their salary ranges;
e) Conduct a straw vote on the Proposed Budget Revisions, including those items added,
changed or removed during the public hearing. Based on the straw vote, Proposed Budget
Revision items approved will be included in the City's Fiscal Year 2019-20 Approved Budget;
f) Adopt Resolution No. 2019-54, A Resolution of the City Council of the City of Newport Beach,
California, Adopting the Budget for the 2019-20 Fiscal Year, as amended by Items a and e
above.
22. Ordinance No. 2019-10: Introduction of an Ordinance Amending the Zoning Code to
Rename the Multiple Residential Detached (RM -D) and Include a Reference to Allow for
Attached Units (PA2019-065)
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA
Guidelines, because it has no potential to have a significant effect on the environment; and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-
10, An Ordinance of the City Council of the City of Newport Beach, California, Amending the
Newport Beach Municipal Code to Rename the Multiple Residential Detached (RM -D)
Zoning District to Medium Density Residential (RMD) and Include Reference to Attached
Dwelling Units (PA2019-065), and pass to second reading on June 25, 2019.
23. Resolution No. 2019-55: Authorization to Issue Obligations by the California Statewide
Development Authority to Benefit the Harbor Pointe Senior Living Project
a) Conduct and close the public hearing under the requirements of TEFRA and the Internal
Revenue Code of 1986;
b) Find the approval of this resolution is not subject to 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. Alternatively, find the approval of this resolution is
not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment; and
c) Adopt Resolution No. 2019-55, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Issuance, Sale and Delivery of Multifamily Housing Revenue Bonds
of the California Statewide Communities Development Authority for Harbor Pointe Senior
Living.
City Council Meeting
June 11, 2019
Page 8
MAN l►TiWIIIQkiIWel :I:7xd91ill &IIBI:I: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
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