Loading...
HomeMy WebLinkAbout0 - AgendaAMENDED AGENDA— ITEM SS5 TITLE CHANGE /off - I Nn CITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING SEPTEMBER 10, 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 SEPTEMBER 10, 2019 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING - 7:00 P.M. ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Proclamation Designating International Literacy Day SS3. Check Presentation from the Friends of the Library SS4. Community Outreach by the Federal Bureau of Investigation (FBI) SS5. Code Amendment Update Related to Residential Design Standards (PA2019-070) Staff will make a presentation on proposed code amendments related to building height and massing, third story development standards, and beach cottage preservation. 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 — INITIATION OF LITIGATION (Government Code § 54956.9(d)(4): 1 matter B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 20302 Riverside Drive, Newport Beach, CA 92660 APN: 439 251 05 Agency Negotiator: Grace Leung, City Manager Carol Jacobs, Assistant City Manager Negotiating Parties: 20302 Riverside Dr. LLC, represented by Kathy Leonard Under Negotiation: Instruct negotiator as to price and terms of payment V. RECESS City Council Meeting September 10, 2019 Page 2 VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION — Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene, Costa Mesa 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. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Develop a sign and messaging program, throughout the City, that discourages giving money directly to panhandlers and encourages donations to programs that offer services to assist persons experiencing homelessness [O'Neill] 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— 19). 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 August 13, 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 September 10, 2019 Page 3 C�1.716�1_6�[d�►�1Yd:7_►�Zdi�Ld►�1 3. Second Reading and Adoption of Ordinance No. 2019-13 Amending PC -19 (San Joaquin Plaza Planned Community) and Ordinance No. 2019-14 Approving a Development Agreement for the Vivante Senior Housing Project Located at 850 and 856 San Clemente Drive (PA2018-185) a) Find that the EIR Addendum for the Vivante Senior Housing Project certified by the City Council on August 13, 2019, and Museum House Project Environmental Impact Report (EIR) No. ER2016-002 (SCH No. 2016021023) certified by the City Council on November 29, 2016, by Resolution No. 2016-126 was prepared for the project in compliance with California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3; b) Conduct second reading and adopt Ordinance No. 2019-13, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Planned Community Development Plan No. PC2018-001 Amending the San Joaquin Plaza Planned Community (PC -19) Located at 850 and 856 San Clemente Drive (PA2018-185); and c) Conduct second reading and adopt Ordinance No. 2019-14, An Ordinance of the City Council of the City of Newport Beach, California, Approving Development Agreement No. DA2018- 005 for the Vivante Senior Housing Project Located at 850 and 856 San Clemente Drive (PA2018-185). RESOLUTIONS FOR ADOPTION 4. Resolution No. 2019-77: A Request by the Newport Shores Community Association to Opt Out of the Designated High -Density Area 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; b) Find the removal of the Newport Shores Community Association from the geographical designation of the high-density area will not negatively affect the surrounding property owners; and c) Adopt Resolution No. 2019-77, A Resolution of the City Council of the City of Newport Beach, California, Excluding the Geographical Boundaries of the Newport Shores Community Association from the Definition of the Designated High -Density Area Pursuant to Newport Beach Municipal Code Section 10.28.040 (F). 5. Resolution No. 2019-78: Initiation of Zoning Code and LCP Amendments Related to Hedge Heights in Front Yard Setbacks for Lido Isle (PA2019-132) 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. 2019-78, 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 Hedge Heights in Front Yard Setbacks within Lido Isle (PA2019- 132). 6. Resolution No. 2019-79: Update to City Council Policy F-27 — Policy and Procedures for City Distribution of Tickets or Passes 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. 2019-79, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F-27 "Policy and Procedures for City Distribution of Tickets or Passes" to Include Newly Adopted Fair Political Practices Commission Rules. City Council Meeting September 10, 2019 Page 4 CONTRACTS AND AGREEMENTS 7. Approval and Award of On -Call Maintenance/Repair Services Agreements with Joslin Mobile, Inc. and Computer Deductions, Inc. for Vehicle Customization and Upfitting 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 Maintenance/Repair Services Agreements with Joslin Mobile, Inc. and Computer Deductions, Inc. for vehicle customization and upfitting services, each for a three- year term and a total amount not to exceed $450,000 per agreement, and authorize the Mayor and City Clerk to execute the agreements. 8. Amendment No. One to On -Call Professional Services Agreement with ECO/NOMICS, Inc. (C-8478-1) 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 Amendment No. One to Professional Services Agreement with ECO/NOMICS, Inc. to extend the term of the agreement until May 8, 2025, and to increase the not to exceed amount by $750,000 for a total not to exceed amount of $1,050,000, and authorize the Mayor and City Clerk to execute the amendment. 9. Amendment No. One to On -Call Maintenance and Repair Services Agreements with Academy Electric, Inc. (C-7150-1), Laughlin & White, Inc. (C-7149-1), and A.C. Pozos Electric Corp. (C-7148-1) for On -Call Electrical 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; b) Approve Amendment No. One to On -Call Maintenance and Repair Services Agreement for On -Call Electrical Repair Services with Academy Electric, Inc. to extend the term of the agreement to five years and increase the not to exceed amount by $150,000, for a total not to exceed $250,000, and authorize the Mayor and City Clerk to execute the amendment; c) Approve Amendment No. One to On -Call Maintenance and Repair Services Agreement for On -Call Electrical Repair Services with Laughlin & White, Inc. to extend the term of the agreement to five years and increase the not to exceed amount by $150,000, for a total not to exceed $250,000, and authorize the Mayor and City Clerk to execute the amendment; and d) Approve Amendment No. One to On -Call Maintenance and Repair Services Agreement for On -Call Electrical Repair Services with A.C. Pozos Electric Corporation to extend the term of the agreement to five years and increase the not to exceed amount by $150,000, for a total not to exceed $250,000, and authorize the Mayor and City Clerk to execute the amendment. 10. Amendment No. One to On -Call Maintenance and Repair Services Agreement for Roll -Up Door Preventative Maintenance and As -Needed Repairs with Excel Door and Gate Company, 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 Amendment No. One to On -Call Maintenance and Repair Services Agreement for roll -up door preventative maintenance and as -needed repairs with Excel Door and Gate Company, Inc. to extend the term of the agreement to five years and increase the not to exceed amount by $380,000 for a total not to exceed amount of $500,000, and authorize the Mayor and City Clerk to execute the amendment. City Council Meeting September 10, 2019 Page 5 11. Approval of Amendment No. One to Professional Services Agreement with Chambers Group, Inc. for Environmental Services for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot Project (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 Amendment No. One in the amount of $44,242.00 to the Professional Services Agreement with Chambers Group, Inc. for additional environmental services for a new not - to -exceed total price of $161,217.00, and authorize the Mayor and City Clerk to execute the Amendment. 12. Approval of Amendment No. One to Lease Agreement with Williams Scotsman, Inc. for Temporary Fire Station No. 5 Facility (15F12) 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. One in the amount of $30,000.00 to the Lease Agreement with Williams Scotsman, Inc. for additional rental charges for a new not -to -exceed total price of $150,000.00, and authorize the Mayor and City Clerk to execute the Amendment. 13. Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement Program Grant 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; b) Authorize the City Council to accept a $250,000 Selective Traffic Enforcement Program (STEP) award granted to the NBPD by the OTS per Council Policies F-3 and F-25. To comply with Council Policy F-3, City Council must formally accept the award of $250,000 and create a new appropriation to expend the funds; and c) Approve Budget Amendment No. 20-010 increasing NBPD revenue estimates and expenditure appropriations by $250,000. 14. Tentative Agreement with Newport Beach Lifeguard Management Association (NBLMA) 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 Lifeguard Management Association. 15. Approval and Award of Printing Services Agreement with I Color Printing & Mailing Inc. for the Newport Navigator and Summer Camp Guides 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 printing services contract for the Newport Navigator brochure and summer camp guide to I Color Printing & Mailing Inc. for the total not to exceed bid price of $520,000 ($104,000 each year), and authorize the Mayor and the City Clerk to execute the contract agreement. MISCELLANEOUS 16. Planning Commission Action Report for the August 22, 2019 Meeting Receive and file. City Council Meeting September 10, 2019 Page 6 17. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library and Appropriate Funds to the Library's Fiscal Year 2019-20 Maintenance and Operation Budget 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) Accept a check in the amount of $185,000 from the Friends of the Newport Beach Library and approve a Budget Amendment No. 20-008 to increase revenues and expenditures by the same amount in Division 0106052 (Friends of the Library). 18. City Hall and Limited Off -Site Holiday Closure from Tuesday, December 24, 2019, through Wednesday, January 1, 2020 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 closing the Civic Center and providing limited services at off-site facilities from Tuesday, December 24, 2019 through Wednesday, January 1, 2020. All facilities would reopen on Thursday, January 2, 2020. The proposed closure does not apply to public safety services or emergency on-call functions. 19. Recommendation of Parks, Beaches, and Recreation Commission with regard to Marine Avenue Tree Maintenance a) Find 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, Code of Regulations, Title 14, Chapter 3 because it will not result in a physical change to the environment, directly or indirectly; and b) Receive and file the report. 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. XVIII. PUBLIC HEARINGS 20. Resolution No. 2019-80: Appeal of Reed Residential Variance for 1113 Kings Road (PA2019-060) a) Conduct a de novo public hearing; b) Find this project categorically exempt under Section 15303, of the California Environmental Quality Act ("CEQA") Guidelines - Class 3 (New Construction or Conversion of Small Structures), California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and c) Adopt Resolution No. 2019-80, A Resolution of the City Council of Newport Beach, California, Upholding and Affirming the Planning Commission's Approval of Variance No. VA2019-002 to Allow Portions of a New Single -Family Residence to Exceed the Maximum Height Limit for Property Located at 1113 Kings Road (PA2019-060). City Council Meeting September 10, 2019 Page 7 21. Community Development Block Grant Program Year 2018-2019, Consolidated Annual Performance and Evaluation Report a) Hold a public hearing to receive comments on the Program Year 2018-19 CAPER; b) Find this activity 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; c) Approve the Program Year 2018-19 CAPER; and d) Authorize the City Manager or her designee to submit the Program Year 2018-19 CAPER to HUD. XIX. CURRENT BUSINESS 22. Resolution No. 2019-81: Proposed Revisions to City Council Policy B-17 — Parks, Facilities and Recreation Program Donations 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) Consider the recommendation from the Parks, Beaches, and Recreation Commission, and approve revisions to Council Policy B-17; and c) Adopt Resolution 2019-81, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy B-17 "Parks, Facilities, and Recreation Program Donations." 23. Ordinance No. 2019-15: Amending Newport Beach Municipal Code Chapter 6.04 — Garbage, Refuse and Cuttings and Adding Chapter 6.06 — State Mandated Municipal Solid Waste Diversion Programs 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 full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019- 15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Portions of Chapter 6.04 and Other Related Provisions of the Newport Beach Municipal Code and Adding Chapter 6.06 to Title 6 of the Newport Beach Municipal Code to Incorporate State Mandates on the Diversion of Municipal Solid Waste, and pass to second reading on September 24, 2019. 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 Jack Skinner 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