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HomeMy WebLinkAbout01 - MinutesMarch 14, 2023 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Meeting Minutes Study Session and Regular Meeting February 28, 2023 I. ROLL CALL — 4:00 p.m. Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar City Manager Leung indicated that staff will be recommending that Item 18 (Appointment of a City Arts Commissioner) be continued, given the numbe applications submitted for the one vacancy. In response to Council Member Weigand's questio s, 'ty Manager Leung discussed the appointment process using a Council committee to review the applications and City Clerk Brown reviewed the timeline and process for the annual Board and Commission vacancies. Council Member Weigand and Mayor Blom suggested incorporating the City Arts Commission vacancy with the annual process. City Manager Leung stated that a formal action should occur when Item 18 is discussed during the regular meeting. SS2. Update on the Western Snowy Plover Mantement Plan (PA2018-074) Community Development Director Jurjis a d Senior Planner Crager utilized a presentation to discuss the Western Snowy Plover (WSP) Management Plan, conservation plans, the Federal designation as a critical habitat area, background and development of the plan, key components of the plan, signage and fencing, the E Street walkway, staff concerns, dog prohibition, cost, the City's stewardship of the beaches, and next steps. In responseto Council Member Avery's question, Community Development Director Jurjis indicated that most of the implementation cost is for dune restoration and confirmed that the plant life will be wined and expanded. Council Member Weigand noted observing e-bikes and pedestrians on the dunes during a recent visit to the area and indicated signage and fencing would be a helpful deterrent. He expressed concern for removing the E Street walkway and suggested adding fencing instead. In response to Council Member Weigand's question, Community Development Director Jurjis stated that there are no fire pits that go beyond B Street and utilized a slide to show the fire pits from the edge of the parking lot to the water. Council Member Weigand thought there were opportunities to compromise. In response to his question, Senior Planner Crager confirmed that emergency vehicles are permitted to drive in prohibited areas. Council Member Weigand suggested reaching out to environmental groups regarding grants to offset costs to the City. In response to Council Member Grant's questions, Community Development Director Jurjis and Senior Planner Crager utilized a slide to review the annual detections of WSPs in the area during 2005-2017 and another slide to display the 2005-2019 WSP counts on the western coast, and noted that the management plan is for five -years depending on the results. Council Member Grant suggested reaching out to residents for photos of the E Street walkway that the City could use as proof that the walkway existed prior to the California Coastal Act. Volume 65 - Page 496 City of Newport Beach City Council Meeting February 28, 2023 Council Member Stapleton suggested using social media to ask residents for photos of the E Street walkway and cautioned Council on removing it since it is used by residents. In response to his questions, Community Development Director Jurjis and Senior Planner Crager indicated the plan was requested by the Coastal Commission due to the City wanting to remove the beach fencing, discussed Huntington Beach's fencing, the reason the WSP counting ended, and reported that a biologist is needed to conduct WSP counts. Mayor Blom noted the Coastal Commission's focus on public access and beach sand erosion, suggested a holistic solution to protect the habitat and coastal access, and urged the City to negotiate with the Coastal Commission. In response to his question, Community Development Director Jurjis noted a balance between protecting the WSP and increasing the sand in the area. Mayor Blom suggested integrating a plan in the most cohesive way and with the least amount of fencing, increased signage, maintained public access, and added beach sand. Council Member Kleiman questioned the negotiability of the item with the Coastal Commission and, if so, suggested first taking an educational approach, followed by a checkpoint and WSP count as a means to move forward. Community Development Director Jurjis believed that this item is negotiable, the City wants to continue to be good stewards of the beach, and the City considers the Coastal Commission as partners. L Jim Mosher inquired about the Coastal Commission hearing date, noted a decline in WSP based on the 2017 count, and asked about the Parks, Beaches and Recreation Commission's involvement in the matter, dune protection, similar plans and development timelines for other areas of Newport Beach, and the status o WSPsther scussareas noted in the Local Coastal Program. John Pedicini asked who is in charge of the died the condition of the fencing, questioned the process and expensQ, stated he has not witnessed any WSPs from G Street to the Wedge and little plant life, and expressed the opinion that the City should not do any restoration so the birds return. Laura Curran rioted the effects on tAbirds due to the presence of dogs in the area, expressed p g p concern about predators near th� fencing, thanked Council Member Weigand for visiting the habitat are and supported habitat restoration. Jim Dillman shared what he thought was the reason for the City needing a permit to remove the fence, believed*he bird area is for wintering and not nesting, and discussed his observations of plantings in the aycea. Drew concurred with Mr. Dillman, discussed the fencing, stated the WSP is a shoreline bird which does not winter in the fenced area, and expressed the opinion that there is no data to substantiate putting up the fencing. He supported placing a stencil on the boardwalk to keep beach goers on the boardwalks. David Look relayed observing very few pedestrians in the area of the fence, believed the birds have had more freedom since the fencing has been removed, stated he does not support the fencing, and expressed concerns regarding the costs, shards from fencing, and predators. Ryan Gee shared his observations during daily beach visits, noted deteriorating fencing, opposed installing a new fence, expressed concerns for the fence being a perch for predators, the no driving area, and impacts to the junior lifeguard program. Dennis Borowski believed the fence is obtrusive and an eyesore, noted the activity at M Street, and relayed opposition to fencing and beach restrictions from those he spoke to. Volume 65 - Page 497 City of Newport Beach City Council Meeting February 28, 2023 Mayor Blom reminded the public that this item is a study session, and the job of the Council is to work together with the community to find the best way to mitigate State agency mandates. He expressed the opinion that the City is a great steward to the beaches, is looking for a solution with the least encroachment, and the fences are not working. III. PUBLIC COMMENTS Jim Mosher inquired if the Closed Session negotiation for a public right-of-way will include a public hearing. Virginia Anders-Ellmore expressed concern for beach erosion, noted sand replacement addressed in Item 8 (Approval of a Cost -Sharing Agreement with the State of California for Participation in the Surfside-Sunset Stage 13 Periodic Nourishment of the Orange County Beach Erosion Control Project), suggested addressing the West Newport Beach area and creating a new green energy City, and shared a handout with the City Attorney. Laura Curran referred to the Legislative Platform (Item 16) but asked Council to also pay attention to other issues related to residential recovery facilities/sober living homes, asked Council to refer to them as licensed and unlicensed drug and alcohol recovery homes, suggested an educational component be included in the Legislative Platform, encouraged follow-up on the efficaV for drug treatment, and noted the importance of enforcement. 6 City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the item listed on the Closed Session agenda and read the title. IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter 90 Property: A portion of the public ri ht- -way adjacent to 929 Zurich Circle (423-282-04) and 944 Via Lido Nord (423-281-'iC (approximately 845 square feet) City Negotiators: Seimone Jurl,Community Development Director and Lauren Whitlinger, Real Property Administrator. Negotiating Parties: % Palm Luckey on behalf of the 929 Zurich Circle Trust and the 944 Via Lido Nord Trust. Under Negotiation: Instruction to City Negotiators regarding price and terms of payment. V. RECESSED — 5:11 p.m. VI. RECONVENED AT 5:35 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand VIII. CLOSED SESSION REPORT City Attorney Harp reported that no reportable actions were taken. Volume 65 - Page 498 City of Newport Beach City Council Meeting February 28, 2023 IX. INVOCATION — Reverend Matthew Hambrick, First United Methodist Church Costa Mesa X. PLEDGE OF ALLEGIANCE — Council Member Kleiman XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Kleiman: • Attended the plaque unveiling at Marina Park in memory of Huntington Beach Police Officer Nicholas Vella Council Member Stapleton: • Attended the City -hosted homeless forum with Council Member Grant and People Assisting the Homeless, and the plaque unveiling for Huntington Beach Off er Vella at Marina Park • Announced the opening of the application period for they session of the Newport Beach Foundation's Distinguished Citizen Program • Attended the Santa Ana College President Circle and the Association of California Cities - Orange County (ACC-OC) Mass Shooting and Critical Incident Preparedness Forum with Mayor Pro Tem O'Neill I Council Member Grant: • Attended an update about the former Ford Aeronutronics Facility with Council Member Weigand, the Orange County Transportation Authority (OCTA) overview with Council Members Weigand and Kleiman, and the Bahia Corinthian Yacht Club (BCYC) Women's Auxiliary meeting • Toured the Newport Beach Animal Shelter and the Newport Aquatic Center • Met with Newport -Mesa Unified School District (NMUSD) Board Member Carol Crane regarding art in schools, and with Ron Salisbury who is celebrating El Cholo's 100th anniversary and launched a $1 million charitable campaign • Visited the Wreaths A,ff America Mobile Education Exhibit to honor veterans Council Member Weigand: I • Attended the Orange Count nit'on District's tour and briefing for new Directors Mayor Pro Tem O'Neill: • Attended the ACC-OC�✓Iass hooting and Critical Incident Preparedness Forum and announced he will be going to Sacram o next week XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Consider re-forming the City Council Homeless Ad Hoc Committee to evaluate the contract services under the City's homeless outreach program [Blom] The City Council unanimously concurred to bring the matter back at a future meeting. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR — None XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the February 14, 2023 City Council Meeting [I00-20231 Waive reading of subject minutes, approve as amended, and order filed. Volume 65 - Page 499 City of Newport Beach City Council Meeting February 28, 2023 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. 2023-3: A Code Amendment to Change the Zoning Designation of 3014 Balboa Boulevard from Commercial to Residential (PA2020-060) [100-20231 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) and Section 15315 under Class 15 (Minor Land Divisions) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment and that the exceptions to the Class 3 exemption do not apply; and b) Conduct second reading and adopt Ordinance No. 2023-3, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to Title 20 of the Newport Beach Municipal Code to Change the Zoning District from Comme cial Neighborhood (CN) to Two -Unit Residential (R-2) and Amend Setback Map S-2B to R e a Front Setback for the Property Located at 3014 Balboa Boulevard (PA2020-060). CONTRACTS AND AGREEMENTS 4. Alley Reconstruction (AD-116, 116B & F Street Areas) ( ect No. 221107) - Notice of Completion for Contract No. 7976-1 [381100-2023] 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 Performa�p Bond one year after acceptance by the City Council. 5. Water Well Rehabilitati4 - Tamura Shallow Well (Project No. 22W05) - Notice of Completion for Contract No. 8727-2 and Approval of Amendment No. One to Professional Services Agreement with Richar=.. Slade & Associates LLC (Contract No. 8727-1) [381100-20231 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 beNn recorded in accordance with applicable portions of Civil Code; c) Release the FaithfuNPerformance Bond one year after acceptance by the City Council; and d) Approve Amendment No. One to Professional Services Agreement with Richard C. Slade & Associates LLC for hydrogeologic design and construction support services and increase the total not -to -exceed amount by $88,744 for a total not -to -exceed amount of $162,944, and authorize the Mayor and City Clerk to execute the Agreement. 6. Approval of Professional Services Agreement with Ardurra Group, Inc. for the Superior Avenue and Hospital Road Pavement Rehabilitation Project (Project No. 231114) (Contract No. 8894-1) [381100-20231 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 Ardurra of Newport Beach for the Superior Avenue and Hospital Road Pavement Rehabilitation project for a not -to -exceed amount of $130,000, and authorize the Mayor and City Clerk to execute the Agreement. Volume 65 - Page 500 City of Newport Beach City Council Meeting February 28, 2023 7. Approval of Amendment No. Two to the Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. for San Diego Creek Trash Wheel Project (Project No. 17X12) (Contract No. 7127-3) [381100-20231 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. 23-51 appropriating $81,019 in increased expenditures in Account No. 10001-980000-17X12 (Newport Bay Water Wheel) from the unappropriated Tidelands Maintenance fund balance; and c) Approve Amendment No. Two to the Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. for additional design services, increase the total not -to -exceed amount by $81,019 for a total not -to -exceed amount of $631,709, extend the term to December 31, 2024, and authorize the Mayor and City Clerk to execute the Agreement. 8. Approval of a Cost -Sharing Agreement with the State of California for Participation in the Surfside-Sunset Stage 13 Periodic Nourishment of the Orange County Beach Erosion Control Project (C-8268-2) [381100-20231 a) Acknowledge that the Army Corps of Engineers, acting as the lead agency, will process the necessary environmental documentation for this project. The Army Corps will prepare an Environmental Assessment in accordance with NEPA (National Environmental Policy Act). The document will be circulated for public review Ionce completed. It is anticipated that the project will have a Finding of No Significant Impacts (FONSI) as was determined in the 2008 Stage 12 Project; and b) Authorize the Mayor to execute a cost -sharing agreement with State of California for a sand replenishment project in the Huntington Beach Littoral Cell that covers the stretch of shoreline between San Gabriel River and Newport Bay Harbor Entrance. 9. Reimbursement Agreement to Dhany and Denise Nathie Family Trust for the Cameo Highlands Secondary Water Supply Improvements (C-9224-1) [381100-2023] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(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 Budget Amendment No. 23-52 appropriating $200,000 in increased expenditures in Account Not' 0201932-980000-23W05 and transferring funds from the Water Enterprise Fund unappropriated fund balance to the Water Capital Fund for the Cameo Highlands Secondary Water Supply Improvements; c) Approve the Reimbursement Agreement with Dhany and Denise Nathie Family Trust (Nathie Trust) to reimburse the trust for a portion of the cost association with the relocation and improvements of the secondary water supply to Cameo Highlands in Corona del Mar for a not -to -exceed amount of $200,000.00; and d) Approve plans and specifications. Council Member Kleiman recused herself from Item 9 due to the proximity to her personal residence. 10. Award of Professional Services Contract to Benefit Financial Services Group for Section 457(b), and 401(a) Deferred Compensation Plan, and Retiree Health Savings Plan Consulting Services (C-7418-2) [381100-2023] 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 a five-year Professional Services Agreement with Benefit Financial Services Group for consulting services for the five-year period ending March 31, 2028, and a total not -to -exceed amount of $225,000; and c) Authorize the Mayor and City Clerk to execute the Agreement. Volume 65 - Page 501 City of Newport Beach City Council Meeting February 28, 2023 MISCELLANEOUS 11. Planning Commission Agenda for the February 23, 2023 Meeting [I00-2023] Receive and file. 12. Cultural Arts Grants Fiscal Year 2022-23 (C-8577) [381100-2023] 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 recommended recipients for Fiscal Year 2022-23 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy I-10, Financial Support for Culture and Arts. 13. Pulled from the Consent Calendar 14. Financial Statement Audit Results and Related Communication for the Fiscal Year Ended June 30, 2022 [I00-2023] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3),AL the CEQA Guidelines because this action will not result in a physical change to the envnt, directly or indirectly; and b) Receive and file. ir* 10 15. Fiscal Year 2022-23 Second Quarter Financial Report [100-2023] 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. 23-050, adjuffing revenue estimates and expenditure appropriations for the Fiscal Yeari�022-23 udget as outlined in the report; and c) Receive and file the report of budget amend ents for the second quarter. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Grant, to approve the Consent Calendar, except for the item removed (Item-T3); and noting the recusal by Council Member Kleiman to Item 9 and the amendments to Item 1. The motion carril unanimously. ILXVI. ITEM REMOVED FRO CONSENT CALENDARWr 13. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the City Council [I00-2023] Referencing GPUSC's memo, Mayor Pro Tem O'Neill suggested the GPUSC stay focused on the required Elements and not add additional Elements. Mayor Blom concurred. Jim Mosher suggested placing this on the agenda so a formal discussion is conducted and the public is aware that direction will be provided by Council, and feedback can be received. He added that environmental justice does not need to be a new Element and can be addressed in other Elements. Nancy Gardner, Chair of the GPUSC, indicated that after a discussion at the General Plan Advisory Committee (GPAC) meeting, the group unanimously voted in favor of having a separate Element so it would be more accessible for grant opportunities. Mayor Pro Tem O'Neill stated that Council direction should be requested when an Element is added, noted that going beyond the formation document is a problem, and opposed moving forward or giving additional staff time to something Council has not appropriated. Volume 65 - Page 502 City of Newport Beach City Council Meeting February 28, 2023 Council Member Grant expressed the opinion that, while it is appropriate to keep GPAC on task given the timeline, it is necessary to be comprehensive, so she supported bringing additional Elements back to Council to decide its appropriateness. City Manager Leung suggested that any discussion or direction by Council occur during the periodic updates. Without objection, the City Council a) determined 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) received and filed the report. XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jack Bradley announced the Shen Yun tour. City Attorney Harp noted that this announcement is not within the subject matter or jurisdiction of the City Council. Coux i1 Member Weigand suggested that Mr. Bradley leave the flyers with Council. 4 Wade Womack, Newport Mooring Association (NMA) Board Member, utilized a slide to discuss moorings in the Harbor, thanked Mayor Blom for advocating before the Board of Supervisors for the new boat slips and public dock at the Balboa Yacht Basin Maria, and noted the history of the moorings and the costs. He took issue with a proposal to relocate moorings, and discussed anticipated disruptions and confusion about a Mooring Realignment Plan. He stated he was not aware of any safety issues, indicated he submitted suggestions to the Harbor Commission to address any concerns, and looked forward to collaborating with the City and provided a handout on ways the City can generate more revenue without adding new moorings to the Harbor. r John Fradkin, NMA Board Member, noted the responsibilities of the Harbor Commission and stated that 148 of 154 NMA members oppose the Mooring Realignment Plan with all 26 U.S. Coast Guard Licensed Captains in opposition. Furthermore, he suggested that at least one Harbor Commissioner be required to be a licensed c�y�tain. George Hylkema, NMA Board Member, discussed why the NMA board believes that the implementation of the Mooring Realignment Plan will present a danger to moored vessels, and stated that the NMA board's findings did not suggest there were existing safety issues with the current configuration. Jim Mosher suggested Counciloplace work priorities in writing for City staff and make it an agenda item. low' XVIII. CURRENT BUSINESS 16. Resolution No. 2023-14: Approving an Updated Legislative Platform [I00-20231 Assistant City Manager Finnigan noted that the last update to the City's core legislative principles and positions was in 2019 and the resolution includes proposed changes and changes as suggested by two Council Members. Mayor Pro Tem O'Neill appreciated seeing his request for Council to be able to support legislation that aligns with City Council Policy F-10 (Civil Asset Forfeiture and Seizure Policy) added to the update. Council Member Grant noted the depth of the document and thought the City would be better served by having tighter concepting for the next generation of the Legislative Platform. Volume 65 - Page 503 City of Newport Beach City Council Meeting February 28, 2023 Council Member Kleiman noted that her revisions to the Legislative Platform include the addition of being a Charter City to the Guiding Principles, the promotion of economic development, language on accountability of residential care facilities and the Regional Housing Needs Assessment (RHNA), and refinements to the aviation guidelines, public safety, and homelessness. Council Member Stapleton commended staff and Council Members for their additions, and expressed support for the Guiding Principles, preserving local control, maintaining fiscal responsibility, protecting quality of life, and supporting private property rights. Mayor Blom noted the benefits of a broad view approach and opportunities to work with lobbyists, concurred with the depth of the document, noted the City taking a larger stance to advocate for positions on regional, State, and Federal levels, and commended staff. Council Member Avery noted that every item in the Legislative Platform is important to health, happiness, and the ability to raise families in the City, expressed the importance of supporting private property rights, housing, and land use regulations, and expressed support for the plan. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Kleiman, 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. 2023-14, A Resolution of the City Council of the City of Newport Beach, California, Approving a Legislative Platform, as amended. The motion carried unanimously. 17. Appointments of Planning Commissioners to Fill Unscheduled Vacancies [241100-2023] City Clerk Brown noted that four votes are required in order to be appointed and she read the ballot votes as follows: Brady Barto — Yayor Blom, Mayor—pTem O'Neill, Council Member Avery, Council Member Kleiman, Council Member Stapleton, and Council Member Weigand Jonathan Langford — Mayor Blom, Mayor Pro Tem O'Neill, Council Member Grant, Council Member Kleiman, Council Member Stapleton, and Council Member Weigand David Salene — Coi cil Member Avery Debbie Stevens — Council Member Grant City Clerk Brown announced that Brady Barto and Jonathan Langford were appointed to the Planning Commission. Following a coin toss, it was determined that Jonathan Langford would serve for a term that expires on June 30, 2024, and Brady Barto would serve for a term that expires on June 30, 2025. 18. Appointment of a City Arts Commissioner to Fill an Unscheduled Vacancy [241100-2023] Mayor Blom recused himself due to a perception of bias. City Attorney Harp noted that Mayor Blom does not have a conflict but is recusing himself because his father is one of the candidates. Mayor Pro Tem O'Neill noted the recommendation discussed during Study Session to combine this appointment with the Annual Board and Commission Scheduled Vacancy process given the number of applicants. City Clerk Brown highlighted the timeline leading up to nominations and appointments in June. Volume 65 - Page 504 City of Newport Beach City Council Meeting February 28, 2023 Motion by Mayor Pro Tem O'Neill, seconded by Council Member Weigand, to include this City Arts Commission appointment with the annual Board and Commission Vacancy Process. With Mayor Blom recusing himself, the motion carried 6-0. XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - 6:19 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 February 23, 2023, at 4:00 p.m. Leilani I. Brown City Clerk Volume 65 - Page 505