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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
STUDY SESSION AND REGULAR MEETING
JANUARY 14, 2020
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.
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
JANUARY 14, 2020
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.
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation to Stanbridge University Recognizing Their Recent Student Volunteer
Activities within Newport Beach as Part of Their "Roots for Change" Native Tree and
Bush Planting Initiative
SS3. Update on State Housing Mandate — Regional Housing Needs Allocation (RHNA) and
Proposed Action Plan
The Southern California Association of Governments (SCAG) has submitted a RHNA
methodology that results in an allocation of 4,832 units for Newport Beach. This RHNA
methodology was an abrupt and significant change that was developed without input from
the City. Staff will provide an update on this methodology, the next steps in the RHNA
approval process and proposed next steps, particularly in context with the General Plan
update that is underway.
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
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Ashley Lauren Watts v. Christine Maroney and Monica Aguilar
USDC, Central District, Case No. 8:17-cv-01099-AG (SKx)
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 Negotiators: Grace K. Leung, City Manager
Carol Jacobs, Assistant City Manager
Jon Lewis, Chief of Police
Dennis Birch, Assistant Chief of Police
City Council Meeting
January 14, 2020
Page 2
Negotiating Parties: Carole Brown Rich and Kathy Leonard
Under Negotiation: Instruct negotiators as to price and terms of payment.
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII.
VIII
IX.
X.
XI.
XII
XIII.
ROLL CALL
CLOSED SESSION REPORT
INVOCATION — Reverend Paul E. Capetz, Christ Church by the Sea
PLEDGE OF ALLEGIANCE
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 ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of Resolution Supporting Balanced Energy Solutions and Maintaining
Local Control of Energy Solutions as California Transitions to a Clean Energy Future
(Muldoon)
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— 17). 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.
City Council Meeting
January 14, 2020
Page 3
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the December 10, 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.
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2020-1: Updating the List of Designated Employees for 2020 Under the
City's Conflict of Interest Code
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. 2020-1, A Resolution of the City Council of the City of Newport Beach,
California, Adopting an Updated Designated Employees List for 2020.
4. Resolution No. 2020-2: Adjusting the Salary Schedule for the Positions of Assistant City
Clerk and Budget Manager
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. 2020-2, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Salary Schedule for the Positions of Assistant City Clerk and
Budget Manager.
5. Resolution No. 2020-3: Initiation of Zoning Code and LCP Amendments Related to State
Mandated Regulations for ADU and JADU Regulations (PA2019-248)
a) Determine this action is exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3; and
b) Adopt Resolution No. 2020-3, 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 State Mandated Regulations of Accessory Dwelling and Junior
Accessory Dwelling Units (PA2019-248).
6. Resolution No. 2020-4: Authorizing Submittal of a Grant Funding Application to the
Orange County Transportation Authority for West Coast Highway and Superior
Ave./Balboa Blvd. Intersection Improvement
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. 2020-4, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing and Approving the Submittal of a Funding Application for an
Intersection Capacity Enhancement Project to the Orange County Transportation Authority
for Funding Under the Comprehensive Transportation Funding Program.
City Council Meeting
January 14, 2020
Page 4
7. Resolution No. 2020-5: Authorizing the Submittal of a Funding Application to the Orange
County Transportation Authority for the Balboa Island/Corona del Mar Area Microtransit
Feasibility Study
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. 2020-5, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing and Approving Submittal of a Funding Application for the Balboa
Island/Corona del Mar Microtransit Feasibility Study Project to the Orange County
Transportation Authority for Funding Under the Project V Community -Based Transit
Circulators Program; and
c) Authorize the City Manager to accept contribution funds from the Balboa Island Marketing,
Inc., the Balboa Island Improvement Association, as well as possible Districts 5 and 6 City
Council Discretionary funds, for use as required Local Match funds upon award of Orange
County Transportation Authority Project V grant.
CONTRACTS AND AGREEMENTS
8. MacArthur Boulevard and University Drive Pavement Rehabilitation — Notice of
Completion for Contract No. 7183-2 (18R23)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
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.
9. Concrete Street Pavement Reconstruction (Anade Avenue, Montero Avenue, Alvarado
Place, and 6t" Street) — Award of Contract No. 7184-2 (18R21)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(b)(c) Class 1, (maintenance of existing public facilities involving negligible or
no expansion of use), of the CEQA Guidelines, because this project has no potential to have
a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7184-2 to Aramexx Construction, for the total bid price of $1,369,708.00,
and authorize the Mayor and City Clerk to execute the contract;
d) Establish a contingency of $137,000.00 (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. 20BA-025 transferring appropriations of $185,776.70 from
the Bison Avenue Pavement Rehabilitation Project (No. 12201-980000-19R21) to the
Concrete Street Repair Project (Account No. 12201-980000-18R21) within the Measure M
fund.
10. Approval of Amendment No. Four to Professional Services Agreement with Stantec
Consulting Services, Inc. (Stantec) for the Arches Diversion 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; and
b) Approve Amendment No. Four to Professional Services Agreement with Stantec Consulting
Services, Inc. for design of the Arches Diversion Project to reflect additional services and to
increase the not -to -exceed contract amount by $35,200 for a total not -to -exceed amount of
$347,386, and authorize the Mayor and City Clerk to execute the agreements.
City Council Meeting
January 14, 2020
Page 5
11. Amendment to the Professional Services Agreement with Newport Beach & Company for
Video Production and Government Access Channel Management
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 a waiver of Council Policy F-14 in regard to re -bidding NBTV Video Production and
Channel Management and award a single -source contract to Newport Beach & Company by
amending its existing contract; and
c) Execute Amendment No. 1 to the Professional Services Agreement with Newport Beach &
Company for Management of NBTV Programming and Operations, which extends the term
by one year and adds $117,208.44 for a total not -to -exceed amount of $288,023.24.
12. Lease Agreement with West Point Investment Corporation to Rent Office Space at the
Balboa Yacht Basin Located at 829 Harbor Island Drive
a) 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; and
b) Authorize the City Manager and City Clerk to execute a five-year Lease Agreement for use
of office space located at the City -owned Balboa Yacht Basin, located at 829 Harbor Island
Drive, in a form substantially similar to the agreement attached to the staff report.
MISCELLANEOUS
13. Acceptance of a Hoag Memorial Hospital Presbyterian Community Benefit Program Grant
for the Newport Beach -Surfer Awareness in Lifesaving Techniques Program
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) Accept the Hoag Memorial Hospital Presbyterian Community Benefit Program grant funding
of $15,000 to be used in support of the Fire Department's Newport Beach—Surfer Awareness
in Lifesaving Techniques (NB -SALT) program; and
c) Approve Budget Amendment No. 20-027 to increase revenue estimates by $15,000 and
increase expenditure appropriations by $15,000 in Fire Department, Lifeguard Operations
NB -SALT Program.
14. Annual Mayoral Appointments
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) Confirm Mayor Will O'Neill's appointments under City Council Policy A-2, as provided in the
staff report.
15. Newport Beach Wine and Food Festival Request for Waiver of City Council Policy B-13
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15304 under Class 4 (Minor Alterations to Land), because it has no potential to have
a significant effect on the environment; and
b) Recommend approval to waive Council Policy B-13, Regulations and Restrictions, Section
Al, Use of Alcohol to allow for NBWFF to be conducted at Peninsula Park. Approval of
waiver would allow the NBWFF to move forward with the Special Event Permit Process.
Event approval would be contingent upon Special Event Permit approval.
City Council Meeting
January 14, 2020
Page 6
16. Update on Addressing Homelessness
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.
17. Confirm Appointment to the Balboa Village Advisory Committee to Represent the Balboa
Village Merchant Association Business Board
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) Confirm Mayor Will O'Neill's BVAC appointment of Kelly Carlson to represent the Balboa
Village Merchant Association Business Board for a term that expires on December 31, 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.
XVIII. CURRENT BUSINESS
18. Request to Waive City Council Policy L-2, Driveway Approach, at 400 40t" Street —
Encroachment Permit No. N2019-0620
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 City Council Policy L-2 and allow a new driveway on Marcus Avenue at 400 40th Street
on Newport Island. It is also recommended that as part of this waiver, the project still be
required to include one (1) additional covered non -tandem off-street parking space as called
for in the Council Policy.
19. Ordinance No. 2020-1: Amending Chapter 12.24 of the Newport Beach Municipal Code
Regarding Speed Limits
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 reading, read by title only, introduce Ordinance No. 2020-1, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Sections of Chapter 12.24 of the
Newport Beach Municipal Code Regarding Increasing and Decreasing State Speed Limits,
and pass to second reading on January 28, 2020.
20. Housing Action Plan to Address State Mandate for Additional Housing and Resolution
No. 2020-6: Dissolving the General Plan Update Steering Committee and Establishing the
Housing Element Update Advisory Committee
a) Determine the recommended actions 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 14, 2020
Page 7
b) Direct staff to file an appeal to SCAG regarding the RHNA methodology;
c) Adopt Resolution No. 2020-6, A Resolution of the City Council of the City of Newport Beach,
California, Dissolving the General Plan Update Steering Committee and Establishing the
Housing Element Update Advisory Committee; and
c) Provide direction to staff on the Housing Action Plan and amending Section 423 of the City's
Charter to be voted upon by the residents.
21. Appointment to the Visit Newport Beach, Inc. (VNB) Executive 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;
b) Appoint Scott Calder, Jim Mosher or Sharon Wood to fill the unscheduled vacancy on the
VNB Executive Committee for a term expiring on June 13, 2021; and
c) If Sharon Wood is appointed and if desired, waive City Council Policy A-2 relative to serving
on only one Board, Commission or Committee at a time.
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 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