City Council

CITY OF NEWPORT BEACH CITY COUNCIL AGENDA JULY 26, 2022 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 - 5:30 P.M. KEVIN MULDOON, Mayor NOAH BLOM, Mayor Pro Tem BRAD AVERY, Council Member JOY BRENNER, Council Member DIANE B. DIXON, Council Member DUFFY DUFFIELD, Council Member WILL O'NEILL, Council Member GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. BROWN, City Clerk 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 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 in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items 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 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 City Clerk Leilani Brown prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk@newportbeachca.gov).  NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 JULY 26, 2022 STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION FOLLOWS STUDY SESSION REGULAR MEETING - 5:30 P.M. I. ROLL CALL - 4:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Design Standard Changes for Residential Properties Located in the VE Flood Zone (PA2018-075) Staff will provide an update on potential amendments that will address changes to development standards for residential properties located in the VE zone. Staff Report On the Agenda Correspondence Written Comments 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 agenda and non-agenda items, are are generally limited to three (3) minutes. 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, Barbara Salvini, Human Resources Director, and Charles Sakai, Esq., Negotiators. Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL).  City Council Meeting July 26, 2022 Page 2 B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 700 Dover Drive, Newport Beach, California 92663. City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding Whitlinger, Real Property Administrator. Negotiating Parties: Jeff McBride President/CEO YMCA of Orange County. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. Written Comments V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. INVOCATION - Pastor Drew Smithson, Orange County First Assembly of God, Santa Ana 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  City Council Meeting July 26, 2022 Page 3 XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON-DISCUSSION ITEM) • In the spirit of the statement from Federalist Paper No. 62 that “it will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood,” the Newport Beach City Council shall create an ad hoc committee to be picked by the Mayor for the purposes of reviewing the Newport Beach Municipal Code and Council Policies and submit back to City Council by June 30, 2023 recommendations concerning (1) deleting or reducing language and (2) the advisability of applying sunset provisions for new or existing code provisions [O’Neill] Written Comments • Direct the boards and commissions listed below to each form an ad hoc committee for the purposes of reviewing the Newport Beach Municipal Code and Council Policies within that particular body’s expertise and submit back to City Council by June 30, 2023 recommendations concerning (1) deleting or reducing language and (2) the advisability of applying sunset provisions for new or existing code provisions. Such boards will include: Board of Library Trustees; City Arts Commission; Harbor Commission; Parks, Beaches, and Recreation Commission; and the Planning Commission [O’Neill] Written Comments 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 - 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.  City Council Meeting July 26, 2022 Page 4 XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the July 12, 2022 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. Minutes Written Comments 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. 2022-17: Code Amendments Related to Implementation of Senate Bill 9 (PA2021-277) a) Determine these amendments are statutorily exempt from environmental review and not considered a project under the California Environmental Quality Act (CEQA) pursuant to Government Code Sections 65852.21(j) and 66411.7(n) and further find that these amendments are categorically exempt from CEQA under Sections 15303 and 15315 as set forth in Title 14, Division 6, Chapter 3 of the California Code of Regulations which categorically exempts the construction of a second dwelling unit in a residential zone and the division of property in urbanized areas zoned for residential use into four or fewer parcels; and b) Conduct second reading and adopt Ordinance No. 2022-17, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 19 (Subdivisions) and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to Senate Bill 9 Housing Developments and Urban Lot Splits (PA2021-277). Staff Report Attachment A - Ordinance No. 2022-17 Written Comments  City Council Meeting July 26, 2022 Page 5 RESOLUTION FOR ADOPTION 4. Resolution No. 2022-48: Declaring a Portion of City-Owned Property at 1516 Balboa Boulevard West Property as Exempt Surplus Land, and Sale of the Property Under an Agreement for Purchase and Sale of Real Property and Escrow Instructions with Orange County Sanitation District a) Determine 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 Section 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 this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2022-48, A Resolution of the City Council of the City of Newport Beach, California, Declaring a Portion of City-Owned Property Located at 1516 Balboa Boulevard West, Newport Beach, California as Exempt Surplus Land; c) Authorize the City Manager and City Clerk to execute the Agreement for Purchase and Sale of Real Property and Escrow Instructions, and all associated documents necessary to complete the sale transaction, with Orange County Sanitation District, to sell a portion of the property at 1516 Balboa Boulevard West, for a price of $467,629.56, in a form substantially similar to the agreement prepared by the City Attorney; and d) Approve Budget Amendment No. 23-009 to record $467,629.56 of property sale proceeds as revenue to the General Fund. Staff Report Attachment A - Purchase and Sale Agreement Attachment B - Resolution No. 2022-48 Attachment C - Budget Amendment  City Council Meeting July 26, 2022 Page 6 CONTRACTS AND AGREEMENTS 5. Water Transmission Main Valve Replacement Phase 2 (Project Nos. 18W12 & 19W13) - Contract No. 7539-3 Contingency Increase a) Find the requirement for environmental review under the California Environmental Quality Act (CEQA) is satisfied by the November 10, 2020 Council exemption from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(c) (replacement of existing public facilities involving negligible or no expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Increase the contingency from $280,000 (approximately 10 percent of the contract award of $2,797,771) to $700,000 (approximately 25 percent of the contract award) to cover the cost for the remaining valve replacements and unforeseen work; and c) Approve Budget Amendment No. 23-008 appropriating $420,000 in increased expenditures in Account No. 70201931-980000-18W12 and transferring funds from the Water Enterprise Fund unappropriated fund balance to the Water Capital Fund for the Water Transmission Main Valve Replacement (Phase 2) Project. Staff Report Attachment A - Location Map Attachment B - Budget Amendment 6. Approval of Professional Services Agreement with Michael Baker International for Balboa Island Street and Drainage Improvements (Project No. 22R13) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve a Professional Services Agreement with Michael Baker International of Santa Ana, California, for Balboa Island Street and Drainage Improvements . Authorize staff to engage with MBI for Tasks 1 (Project Management) and 2 (Preliminary Engineering) of the services to be provided for a total amount of $195,000 and authorize the Mayor and City Clerk to execute the agreement. Staff Report Attachment A - Location Map Attachment B - Professional Services Agreement Written Comments  City Council Meeting July 26, 2022 Page 7 7. Approval of On-Call Professional Services Agreements for Civil Engineering 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 Professional Services Agreements with Dudek, MKN & Associates, Hunsaker & Associates, Psomas and Tait & Associates for professional Civil Engineering planning, design and construction support services, with each agreement being for a term of three-years and a total not-to-exceed amount of $300,000 and authorize the Mayor and City Clerk to execute the agreements on a form approved by the City Attorney. Staff Report Attachment A - PSA with Dudek Attachment B - PSA with Hunsaker & Associates Irvine, Inc. Attachment C - PSA with MKN & Associates Attachment D - PSA with Psomas Attachment E - PSA with Tait & Associates, Inc. 8. Lower Bay Dredging: Memorandum of Agreement with the US Army Corps of Engineers for City Contributed Funds a) Find that the approval of the MOA with USACE is covered by the Final EIR No. ER2021-001 (SCH No. 2109110340) in accordance with the California Environmental Quality Act (CEQA), and the Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) prepared by USACE in accordance with the National Environmental Protection Act (NEPA), and that approval of the MOA with USACE will not result in new or additional significant effects on the environment; and b) Authorize the Mayor to execute an MOA with USACE relating to City financial participation in the Lower Newport Bay dredging project. Staff Report Attachment A - Agreement On the Agenda  City Council Meeting July 26, 2022 Page 8 9. Five-Year Licensing and Support Agreement with Tyler Technologies Inc. for the Tyler Munis Enterprise Resource Planning 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 City Manager and City Clerk to execute a five-year licensing and support agreement with Tyler Technologies Inc., the sole provider of the Tyler Munis ERP system, for a not-to-exceed amount of $1,230,313; and c) Retroactively approve purchase orders executed with Tyler Technologies over the prior four fiscal years. Staff Report Attachment A - Agreement Written Comments MISCELLANEOUS 10. Planning Commission Agenda for the July 21, 2022 Meeting Receive and file. Planning Commission Action Report Planning Commission Agenda Written Comments 11. Tourism Business Improvement District (TBID) Annual Report and Fiscal Year 2022-23 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; b) Authorize a waiver of the timeline provided in Section 3.5 of the Tourism Business Improvement District Management Agreement; c) Review and approve the Newport Beach TBID’s FY 2022-23 Annual Report; and d) Review and approve the Newport Beach TBID’s FY 2022-23 Budget. Staff Report Attachment A - FY 2022-23 Annual Report Attachment B - FY 2022-23 Budget Written Comments  City Council Meeting July 26, 2022 Page 9 12. Visit Newport Beach, Inc. FY 2023 and FY 2024 Destination Business Plan and Budget, and FY 2022 Performance Standards Report 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) Review, receive and file the FY 2023 and FY 2024 Newport Beach & Company Destination Business Plan; c) Receive and file the Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2022 Performance Standards Report; and d) Review and approve the Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2023 and FY 2024 Budgets. Staff Report Attachment A - FY 2023 and FY 2024 Destination Business Plan Attachment B - FY 2023 and FY 2024 Budgets Attachment C - FY 2022 Performance Standards Report Written Comments 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.  City Council Meeting July 26, 2022 Page 10 XVIII. PUBLIC HEARING 13. Resolution Nos. 2022-49 and 2022-50: Collection of Certain Sewer and Recycling Fees and Charges Through the Property Tax Roll a) Conduct a public hearing; 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) Adopt Resolution No. 2022-49, A Resolution of the City Council of the City of Newport Beach, California, Confirming the Sewer Service Fee Report for Fiscal Year 2022-23 and Authorizing Collection of the Fee Through the Orange County Tax Roll; and d) Adopt Resolution No. 2022-50, A Resolution of the City Council of the City of Newport Beach, California, Confirming the Recycling Fee Report for Fiscal Year 2022-23 and Authorizing Collection of the Fee Through the Orange County Tax Roll. Staff Report Attachment A - Resolution No. 2022-49 Attachment B - Resolution No. 2022-50 Correspondence On the Agenda Written Comments XIX. CURRENT BUSINESS 14. Resolution No. 2022-51: Amending City Council Policy A-2 Relating to the Process for Appointment to a Board or Commission 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. 2022-51, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy A-2 (Boards, Commissions and Committees) Relating to the Process for Appointment to a Board or Commission. Staff Report Attachment A - Council Policy A-2 (redline) Attachment B - Resolution No. 2022-51 Written Comments  City Council Meeting July 26, 2022 Page 11 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 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.