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CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JULY 26, 2022
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 — 5:30 P.M.
KEVIN MULDOON, Mayor
NOAH BLOM, Mayor Pro Tern
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.. 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 citvclerk6d�newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
J U LY 26, 2022
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 5:30 P.M.
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.
III. PUBLIC COMMENTS
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are invited on items listed on the agenda and non -agenda items. Speakers must limit
comments to three (3) minutes per person to allow everyone to speak. Written comments are
encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda
or non -agenda items.
IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human
Resources Director, and Charles Sakai, Esq., Negotiators.
Employee Organizations: Association of Newport Beach Ocean Lifeguards (ANBOL).
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.
V. RECESS
VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Vill. CLOSED SESSION REPORT
City Council Meeting
July 26, 2022
Page 2
IX. INVOCATION — Pastor Drew Smithson, Orange County First Assembly of God, Santa Ana
X. PLEDGE OF ALLEGIANCE
XI. NOTICE TO THE PUBLIC
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.
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 (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]
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]
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.
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.
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July 26, 2022
Page 3
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 65852.210) 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).
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.
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;
City Council Meeting
July 26, 2022
Page 4
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.
6. Approval of Professional Services Agreement with Michael Baker International for Balboa
Island Street and Drainage Improvements (Project No. 221113)
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.
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.
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.
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.
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July 26, 2022
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MISCELLANEOUS
10. Planning Commission Agenda for the July 21, 2022 Meeting
Receive and file.
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.
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.
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.
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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.
City Council Meeting
July 26, 2022
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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.
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.
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The timer light will turn red when the speaker has 10 seconds remaining.
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