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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA MAY 23, 2023 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. NOAH BLOM, Mayor WILL O'NEILL, Mayor Pro Tern BRAD AVERY, Council Member ROBYN GRANT, Council Member LAUREN KLEIMAN, Council Member JOE STAPLETON, Council Member ERIK WEIGAND, 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. LEVINE ACT Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract (other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. 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 CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 MAY 23, 2023 STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 5:30 P.M. ************* NOTE: A Special Joint Meeting of the Newport Beach City Council and the Finance Committee will be held at 4:00 p.m. in the same location (City Council Chambers). Please see the separate agenda for this meeting. The public is welcome to participate in the Special Joint Meeting, as well as the City Council Meeting. ************* ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Review of the Proposed Fiscal Year 2023-24 Capital Improvement Program Budget Public Works staff will be presenting the proposed Fiscal Year 2023-24 through 2028-29 Capital Improvement Program. The Capital Improvement Program (CIP) serves as a plan for the provision of public improvements, special projects, on -going maintenance programs, and the implementation of the City's master plans. Projects in the CIP include improvements and major maintenance on arterial highways, local streets, and alleys; storm drain and water quality improvements; harbor, pier, and beach improvements; park and facility improvements; water and wastewater system improvements; transportation safety, reliability, and traffic signal improvements; and planning programs and studies. The presentation will review the proposed CIP budget of $74,076,044 for capital improvement projects and programs in FY 2023-24. 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 LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 2 matters 1. Orange County Coastkeeper v. U.S. Army Corps of Engineers United States District Court Case No. 8:23-cv-00507-DOC-JDE 2. Friends of Newport Harbor v. U.S. Army Corps of Engineers United States District Court Case No: 5:23-cv-00591 V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING City Council Meeting May 23, 2023 Page 2 VII. ROLL CALL Vill. CLOSED SESSION REPORT IX. INVOCATION — Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene X. PLEDGE OF ALLEGIANCE XI. PRESENTATIONS • Proclamation to the Friends of the Newport Beach Animal Shelter (FONBAS) • National Public Works Week Proclamation XII. 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 XIV. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) Direct the Planning Commission to identify opportunities to modify Chapters 20 and 21 of the Newport Beach Municipal Code to facilitate new visitor serving accommodation opportunities within the MU-W2 and MU-CV/15th Street zones for multi -unit residential developments with 20 or more residential units under common ownership. Consider as part of this review professional management, amenities, and where there are no parking impacts that could reduce the availability of parking in residential neighborhoods [O'Neill] XV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 13). 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. XVI. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the May 9, 2023 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. City Council Meeting May 23, 2023 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. ORDINANCES FOR ADOPTION 3. Ordinance Nos. 2023-4 and 2023-5: Code Amendments Related to Time Shares (2022- 0202) a) Find proposed amendments to Titles 20 and 21 of the NBMC are not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines, because it would not result in a direct or reasonably foreseeable indirect physical change in the environment and is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Additionally, the proposed amendments to Titles 20 and 21 of the NBMC are categorically exempt pursuant to Section 15308 because the ordinances involve regulatory actions to assure protection of the environment; b) Conduct second reading and adopt Ordinance No. 2023-4, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to Time Shares (PA2022-0202); and c) Conduct second reading and adopt Ordinance No. 2023-5, An Ordinance of the City Council of the City of Newport Beach, California, Approving and Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission Amending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to Time Shares (PA2022-0202). 4. Ordinance No. 2023-6: A Code Amendment Updating Commercial Parking Requirements (PA2021-104) a) Find the adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) in accordance with Section 20165 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines). The Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2023-6, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to Commercial Parking (PA2021-104). CONTRACTS AND AGREEMENTS 5. Approval of Traffic Signal Maintenance and Repair Services Agreement with Yunex Traffic 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 Maintenance and Repair Agreement with Yunex Traffic for maintenance and repair of the City's traffic signal system for a not -to -exceed fee of $500,000 per year and a total not -to -exceed amount of $2,500,000. The initial term of the Agreement shall be for one year with the option to extend the agreement for an additional four years, and authorize the Mayor and City Clerk to execute the Agreement. 6. Award of Agreements for On -Call Water, Wastewater, and Storm Drain 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; City Council Meeting May 23, 2023 Page 4 b) Approve individual Maintenance/Repair Services Agreements with 1) T.E. Roberts, Inc., and 2) GCI Construction, Inc., for on -call water, wastewater, and storm drain services, for a five-year contract term with up to a total compensation amount of $1,500,000, for each company, and authorize the Mayor and City Clerk to execute the Agreements; and c) Approve individual Maintenance/Repair Services Agreements with 3) Mike Prlich & Sons, Inc.; 4) Ferreira Coastal Construction Co., 5) Paulus Engineering, Inc.; 6) W.A. Rasic Construction, Company, Inc.; 7) Mladen Buntich Construction Company, Inc.; and 8) J. De Sigio Construction, Inc., for on -call water, wastewater, and storm drain services, for a five-year contract term with up to a total compensation amount of $500,000 for each company, and authorize the Mayor and City Clerk to execute the Agreements. 7. Amendment No. Three to Temporary Employment Agreement with Rosalinh Ung 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 Mayor and Community Development Director to execute Amendment No. Three to the Post Retirement Temporary Employment Agreement with retired employee Rosalinh Ung. 8. Purchase of Six AutoPulse© Automatic Chest Compression Devices 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 Budget Amendment No. 23-072 appropriating $67,491.56 in increased expenditures in Account No. 75604-911024 (Fire Equipment) from the Fire Department's unappropriated Internal Service Fund (ISF) equipment fund balance; and c) Approve the sole source selection and purchase of six (6) Zoll Medical Corporation manufactured AutoPulse© mCPR devices and associated components and warranties for a total cost of $142,957.85, and authorize the City's Finance Department to issue the Purchase Order. MISCELLANEOUS 9. Planning Commission Agenda for the May 18, 2023 Meeting Receive and file. 10. Appointment to the Aviation Committee to Fill an Unscheduled Vacancy 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 Council Member Stapleton's appointment of Drew Teicheira as the District 1 Member to the Aviation Committee, for a term ending June 30, 2025. 11. Conversion of Boardwalk Ambassador Program to Boardwalk and Quality of Life Enforcement 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; and b) Receive and file. City Council Meeting May 23, 2023 Page 5 12. Fiscal Year 2022-23 Third Quarter Financial 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) Approve Budget Amendment No. 23-067, adjusting revenue estimates and expenditure appropriations for the Fiscal Year 2022-23 budget as outlined in the report; and c) Receive and file the report of budget amendments for the third quarter. 13. Set Public Hearing Date to Adopt Fiscal Year 2023-2024 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) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2023-2024 for June 13, 2023, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVII. ITEMS REMOVED FROM THE CONSENT CALENDAR XVIII. 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. XIX. PUBLIC HEARING 14. Ordinance No. 2023-7 and Resolution No. 2023-30: Approval of the Fiscal Year 2022-23 Fee Study Update, and Resolution No. 2023-31: Approval of Amending Paramedic Subscription Program Fees 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. 2023-30, A Resolution of the City Council of the City of Newport Beach, California, Adopting and Revising Certain Fees Within the Schedule of Rents, Fines, and Fees; d) Adopt Resolution No. 2023-31, A Resolution of the City Council of the City of Newport Beach, California, Modifying Resolution No. 2019-105 Relating to the Paramedic Subscription Program Fee; and e) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2023-7, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery Percentages, and pass to second reading on June 13, 2023. XX. CURRENT BUSINESS 15. Ordinance No. 2023-8 and Resolution No. 2023-32: Recommendations Resulting from Harbor Commission Objective 2.3 to Improve Navigation Safety, Allow for Additional Moorings Within the Fields and Mooring Size Exchange Requests a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 under Class 2 (Replacement or Reconstruction) 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 May 23, 2023 Page 6 b) Adopt Resolution No. 2023-32, A Resolution of the City Council of the City of Newport Beach, California, Approving the Harbor Commission's Recommendations and Approving a Pilot Project to Reconfigure Mooring Field "C" in Newport Harbor, to Improve Navigation Safety and to Optimize Space within the Mooring Field; c) Approve Budget Amendment No. 23-073 appropriating $410,000 to Account No. 10045451- 811008 as follows: • $75,000 for consulting services and permitting with the California Coastal Commission and other agencies • $275,000 for engineering and construction related to the realignment of the moorings in the subject pilot project • $60,000 for post -pilot project consulting services for environmental review and permitting necessary to expand the reconfiguration recommendations to the City's remaining mooring fields; and d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023- 8, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 17.25.020 (Anchorage, Berthing and Mooring Regulations) and 17.60.040 (Mooring Permits) of the Newport Beach Municipal Code, and pass to second reading on June 13, 2023. 16. Ordinance No. 2023-9: A Code Amendment Related to Reinvestment and Improvements of Short -Term Lodging Units (PA2023-100) a) Find the action is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines), because it has no potential for resulting in physical change to the environment, directly or indirectly. The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The amendments to NBMC Chapter 5.95 provide additional regulations on short-term lodging, which is an existing, permitted use, and thus do not authorize development that would directly result in physical change to the environment; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2023- 9, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 5.95 (Short Term Lodging Permit) of the Newport Beach Municipal Code Related to Reinvestment and Improvement of Short Term Lodging Units, and pass to second reading on June 13, 2023. XXI. MOTION FOR RECONSIDERAT 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. XXII. 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