HomeMy WebLinkAbout07/26/2022 - Study Session / Regular MeetingCITY OF NEWPOR,T BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
July 26, 2022
I. ROLL CALL — 4:00 p.m.
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council
Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Design Standard Changes for Residential Properties Located in the VE Flood Zone
(PA2018-075)
City Clerk Brown recused herself due to real property interest conflicts.
Community Development Director Jurjis and Associate Planner Westmoreland utilized a
presentation to review zoning code amendments for VE flood zone properties, Federal
Emergency Management Agency (FEMA) flood maps, West Ocean Front properties from
24th Street to 48th Street subject to flooding by waves created by a storm surge, VE flood zone
construction issues relative to building height and access to property, the use of variances, and
related photos and images.
In response to Council Member Dixon's questions, Community Development Director Jurjis
relayed that a past City Council approved the additional construction height found within the
zoning code and the responsibility of the City to mitigate flood risk by building above the flood
lines to qualify for FEMA flood insurance.
Associate Planner Westmoreland utilized a presentation to review a simulation of existing
pre-VE-zone homes and new VE-zone compliant homes, new construction and site access
challenges, reasons to amend the Newport Beach Municipal Code (NBMC), potential code
amendments, full encroachment locations, beachfront comparisons, community outreach and
comments, and possible next steps.
In response to Council Member Dixon's question, Community Development Director Jurjis
utilized slides to address the concern regarding views and noted that, of the 223 properties
behind the beachfront homes, 15 have roof decks that would have a potential impact to their
view from raised homes.
In response to Council Member Avery's question, Community Development Director Jurjis
confirmed that the distance between houses will be unchanged, and discussed privacy concerns
created by access stairways and potential architectural remedies.
In response to Council Member Duffield's question, Community Development Director Jurjis
acknowledged the potential damage to second row homes and cars from flooding.
In response to Council Member Dixon's question, Community Development Director Jurjis
reported that there is no FEMA requirement for second row home flood mitigation, offered to
prepare renderings that include properties with adjacent access stairways, referenced the 2017-
2018 FEMA map adoption to assist with securing FEMA flood insurance, and stated that staff
would return to Council before the yearend after reviewing this with the Planning Commission.
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In response to Council Member Brenner's questions, Associate Planner Westmoreland relayed
that FEMA does not allow for basements in the flood zone or underground parking, but garages
can be placed at grade level with breakaway walls. Community Development Director Jurjis
added that stairways and walkways would be abutting adjacent properties with side access
stairways and amending second or third row home building standards would be subject to
Council direction.
Council Member Duffield suggested consideration for sand replenishment along the beachfront
and pipe installation. Deputy Community Development Director Campbell concurred that sand
replenishment may combat the effects of sea level rise, questioned if this would lead to an
accepted FEMA map revision to change the standards, and offered to discuss it with FEMA
when sand is available.
Council Member Dixon indicated that Congresswoman Michelle Steel obtained an appropriation
that provided for sand replenishment. Deputy Community Development Director Campbell
noted that any sand is helpful and raising the beach profile 3 to 5 feet is needed to have an
impact on the waves and that a comprehensive strategy, including sand requirement, is needed
before FEMA will consider changing the maps. Council Member Dixon questioned the amount
of sand authorized and if a sand quantity analysis had occurred. Public Works Director Webb
relayed that one million yards of replacement sand will span from Seal Beach to Newport Beach,
with tides and currents bringing sand down to Newport Beach. Deputy Community
Development Director Campbell noted this is a realistic option and recognized the need to look
for more sand and review the engineering analysis. Council Member Dixon suggested exploring
this option to protect homes. Public Works Director Webb noted having spoken with the U.S.
Army Corps of Engineers regarding lengthening the groin field as a first step.
Community Development Director Jurjis relayed that staff will be working on a General Plan
Update, a Safety Element, and policies that will include additional studies for groin fields and
sand replenishment.
In response to Council Member Duffield's question, Public Works Director Webb stated that it
is possible to truck sand from the Santa Ana River to Newport Beach, but hydraulic dredging
from a borrow -pit is the most feasible method.
Mayor Pro Tem Blom recognized that the current design standards necessitate a variance- for
convenient boardwalk and side yard homeowner access, and there will be no change to the size
of the homes, and no encroachment issues with adding an access staircase. He supported staff
to continue moving forward and thought the change to design standards is a great option.
Brion Jeannette, architect, thanked staff for expediting projects, expressed support for
eliminating the variance requirement, discussed FEMA maps, rate of wave dissipation, related
beachfront impact, and sea level rise, and concurred with Mayor Pro Tem Blom to move forward
with the recommendations.
Jim Mosher noted that some of the flood zone properties are not on the boardwalk, questioned
the stairs options in the proposed ordinance, and asked about FEMA requirements for second
row homes in other cities and states.
Community Development Director Jurjis clarified that the purpose of the stairs is for access to
the dwelling unit/structure, beach, and boardwalk, and will be reflected as such in the written
amendment.
Council Member Dixon commended staff for working to mitigate and reduce the impact to
surrounding properties, and expressed support for the amendment and interest in aggressively
pursuing beach protection.
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A straw poll resulted in unanimous general support for the code amendment.
III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Regarding Closed Session Item IV.B, Jim Mosher noted that 700 Dover Drive appears to be Castaways
Park and questioned what the City will be selling or leasing at this address.
Laura Curran discussed recovery facilities, requested City support for ongoing engagement, expressed
concern for code enforcement procedures, requested operator license documentation, and read a letter
from Assemblywoman Cottie Petrie -Norris asking for more vigorous assertion in the right to enforce
against integral facilities or engage with the State.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed on the Closed Session agenda and read the titles.
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. RECESSED - 4:47 p.m.
VI. RECONVENED AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council
Member Will O'Neill
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
DL INVOCATION - Pastor Drew Smithson, Orange County First Assembly of God, Santa Ana
X. PLEDGE OF ALLEGIANCE - Council Member Brenner
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
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Council Member O'Neill:
• Attended the Building Industry Association (BIA) of Orange County Government Affairs meeting,
Transportation Corridor Agency (TCA) board meeting, Ben Carlson Foundation dinner, Newport
Beach Police Department (NBPD) promotional ceremony, Association of California Cities - Orange
County (ACC-OC) board meeting, and the Corona del Mar Residents Association (CdMRA) board
meeting
• Announced the upcoming Newport Beach Junior Lifeguard Monster Mile and wished all
participants good luck and the Newport Beach Police Department's (NBPD) National Night Out in
Bonita Canyon Sports Park
Council Member Dixon:
• Attended the NBPD promotional ceremony, the Friends of Newport Beach Animal Shelter Topping
Off Ceremony, and the District 1 Town Hall
• Thanked Southern California Edison (SCE) for sharing infrastructure improvements on the
Peninsula
• Utilized a slide to discuss the Make a Splash, Pick Up Trash campaign and expanded volunteer
program
• Announced the launch of the City's online permitting platform/portal called CiViC (City Virtual
Connect) and, at her request, Community Development Director Jurjis utilized a slide to show the
home page for permit, planning, and inspection applications
Council Member Brenner:
• Attended the Speak Up Newport meeting about area burglaries, the Good Morning Corona del Mar
session about fire safety, the NBPD's first mobile cafe at Rose's Donuts, the Concert on the Green,
the NBPD promotional ceremony, the Friends of Newport Beach Animal Shelter Topping Off
Ceremony, the District 1 Town Hall, the CdMRA board meeting, the Mosquito and Vector Control
Association board meeting, the Orange County Fair Government Officials dinner, and a Zoom
meeting with the California Alliance of Local Electeds regarding the Regional Housing Needs
Assessment (RHNA) lawsuit
• Utilized slides to announce the Corona del Mar High School (CdMHS) Foundation all alumni/all
community event for the dedication of Coach Sumner Field (cdmfoundation.org) and the Balboa
Island Museum Fun Zone Festival
• Requested a future agenda item to discuss efforts to improve relations with the California Coastal
Commission (CCC) starting with an informational session on the makeup of CCC and their role, the
City's use of consultants, and gain a greater understanding of how we work with Commission staff
and Commissioners
Council Member Avery:
• Attended the Orange County Sanitation District (OCSD) administration meeting and Homeless Ad
Hoc committee meeting
• Noted a re -slurry on Holly Lane that resulted from premature driving on the roadway, asked the
community to be considerate of the slurry rules, and noted the associated expense for noncompliance
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION)
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 the 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]
The City Council unanimously concurred to bring the matter back at a future meeting.
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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 the 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]
The City Council unanimously concurred to bring the matter back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 12, 2022 City Council Meeting [100-20221
Waive reading of subject minutes, approve as amended, 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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2022-17: Code Amendments Related to Implementation of Senate Bill 9
(PA2021-277) [100-2022]
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 (C-5665A) [381100-20221
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 1516Balboa Boulevard West,
Newport Beach, California as Exempt Surplus Land;
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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.
Council Member Avery recused himself from Item 4 due to service on the Orange County
Sanitation District Board.
CONTRACTS AND AGREEMENTS
5. Water Transmission Main Valve Replacement Phase 2 (Project Nos. 18W12 & 19W13) -
Contract No. 7539-3 Contingency Increase [381100-20221
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% of the contract award of $2, 797, 771)
to $700,000 (approximately 25% 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. 22R13) (22P01) (C-8846-1)
[381100-2022]
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.
Mayor Pro Tem Blom recused himself from Item 6 due to real property interest conflicts.
Approval of On -Call Professional Services Agreements for Civil Engineering Services
[381100-20221
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 (C-8907-1), MKN & Associates
(C-8908-1), Hunsaker & Associates (C-8909-1), Psomas (C-8170-2), and Tait & Associates
(C-8177=2) 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.
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Lower Bay Dredging: Memorandum of Agreement with the US Army Corps of Engineers
for City Contributed Funds (C-5018A) [381100-20221
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 (C-5780A) [381100-20221
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.
MISCELLANEOUS
10. Planning Commission Agenda for the July 21, 2022 Meeting [100-2022[
Receive and file.
11. Tourism Business Improvement District (TBID) Annual Report and Fiscal Year 2022-23
Budget (C-4436) [381100-2022]
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.
Mayor Pro Tem Blom voted `no" to Item 11.
12. Visit Newport Beach, Inc. FY 2023 and FY 2024 Destination Business Plan and Budget,
and FY 2022 Performance Standards Report (C-4961) [381100-2022]
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.
Mayor Pro Tem Blom voted `no" to Item 12.
Motion by Mayor Pro Tem Blom, seconded by Mayor Muldoon, to approve the Consent Calendar;
and noting the recusal by Council Member Avery to Item 4, the recusal by Mayor Pro Tem Blom to
Item 6, the "no" votes by Mayor Pro Tem Blom to Items 11 and 12, and the amendments to Item 1.
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With Council Member Avery absent, the motion carried 6-0.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Nancy Scarbrough stated that the California Alliance of Local Electeds meeting discussed the methods
used for calculating RHNA numbers by the California Department of Housing and Community
Development (HCD) and a lawsuit against HCD, and indicated that California represents half of the
country's total housing shortage, according to a recent Fannie Mae and Freddie Mac report on housing
needs.
Mark Simon discussed the boat slip fee increases and dock safety concerns, and supported a complete
and scientific analysis by a statistician or accountant.
Cathy Anderson, Commodore at the Balboa Yacht Club, read a letter from a member and tenant
regarding dock rental fee increases and asked that the Newport Dunes Waterfront Resort and Marina
be removed from the comparison.
John Marshall, representing the Recreational Boaters of California, noted a lobbying effort that reduced
a 250% vessel registration fee increase to zero on the basis of non -justification, referenced a handout
with metrics, noted the elasticity of price, and expressed hope that the City will rescind the 20% boat
slip fee increase to maintain vessel activity in the Newport Harbor.
Don Hughes, Balboa Yacht Basin tenant, stated he received a 24% slip fee increase this year compared
to the 3% annual increase in his original agreement, noted missing information to support the increase,
and asked Council to carefully consider comparable properties.
Wade Womack utilized a presentation to share a comparative slip fee survey of low -to -moderate marinas
and noted gaps and missing information and the inclusion of luxury marina slip rates, Newport Dunes
Marina amenities, affordable berthing protection in Newport Harbor from the City's Local Coastal
Program, and the 2010 Balboa Yacht Basin resolution. He requested substituting the Newport Dunes
Marina for a comparable marina and requested that the City postpone the increased boat slip fees at
the Balboa Yacht Basin and work with stakeholders on a better survey and phased -in fee increases.
Nolan Cannon suggested a phased -in fee increase approach.
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 [100-2022]
Council Member O'Neill recused himself due to real property interest conflicts.
Finance Director Catlett utilized a presentation to review the number of sewer and recycling
customers, limited options and related challenges for collection, proposal to change the method of
collection to the property tax roll, unanimous endorsement from the Finance Committee, and staff
recommendations.
In response to Council Member Dixon's question, Finance Director Catlett clarified the April and
December payment schedule.
Mayor Muldoon opened the public hearing.
Shirley Cameron expressed concern relative to how the recycling fees were determined and
questioned the legality of the proposal.
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Jim Mosher discussed a voter enacted ordinance that provides free trash service for curbside
residential pickup, and questioned the logic behind the recycling fee calculations, Finance
Committee review, and endorsement documentation.
Finance Director Catlett explained that the Finance Committee endorsement occurred at its May
meeting, and Public Works Director Webb clarified that the recycling fee is used to recover costs
associated with the State's recycling mandates.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
Motion by Council Member Duffield, seconded by Council Member Dixon, to 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. 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 c) 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.
With Council Member O'Neill recusing himself and Mayor Muldoon voting "no," the
motion carried 5-1.
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 [241100-2022]
Assistant City Manager Finnigan reviewed the proposed amendment to City Council Policy A-2
Council Member Dixon stated her intent for proposing this amendment, noted it is a commonsense
policy change, and suggested amending the resolution to change "discourage" to "prohibit" the
appointment of commission and board members employed by the same firm.
Motion by Council Member Dixon. seconded by Council Member Brenner, to 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 amended 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.
Mayor Pro Tem Blom noted the policy already provides language that gives direction to select and
appoint the best qualified person, questioned how relationships have bearing on a committee
appointment, expressed concern that the resolution would increase regulations, questioned the
benefits of limiting applicants and adding regulatory language, expressed the understanding that
no conflict currently exists, and sought an open interviewing process.
Council Member O'Neill expressed concern that the policy has no impact and adds language that
creates confusion, and stated that trust should be placed in the hands of future Councils.
Council Member Dixon noted that this is meant for future appointments, no rescinded decisions
have been requested, and the resolution creates a foundation for good governance.
Council Member O'Neill expressed the opinion that approving the proposed policy would ratify a
misstatement of the actions of the current Council.
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Council Member Brenner expressed interest in having boards and commissions composed of a
diversified membership and believed the amendment supports this.
Council Member Avery expressed support for the amendment.
Mayor Pro Tem Blom relayed language from Council Policy A-2 relative to the ad hoc committee's
role in determining potential conflicts of interest, and expressed support for diversity, less
prohibition, and a clearer process.
Council Member Dixon stated that the proposed amendment is intended to add further clarity and
eliminate the appearance of impropriety.
In response to Mayor Muldoon's questions, City Attorney Harp confirmed that those appointed to a
committee or commission are viewed in the same manner as police, prosecutors, and elected officials,
where many are required to file a Statement of Economic Interests (Form 700) to avoid conflicts of
interest.
Mayor Muldoon expressed appreciation for the lens of his colleagues as it relates to bureaucracy and
rules, cited Abraham Clark, and indicated that he prefers the original language which uses
"discourage" rather than "prohibit."
Amended motion by Council Member Dixon, seconded by Council Member Brenner, to
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.
With Mayor Pro Tern Blom, Council Member Duffield, and Council Member O'Neill voting
"no," the motion carried 4-3.
XX. MOTION FOR RECONSIDERATION — None
XXI. ADJOURNMENT — 6:52 p.m.
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
1„1- 91 In99 -+ A.nn
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