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HomeMy WebLinkAbout01 - MinutesMay 9, 2023 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Meeting Minutes Study Session and Regular Meeting April 25, 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 Regarding Item 13 (GPAC Appointments), Mayor Pro Tem O'Neill thanked and recognized Deputy Community Development Director Campbell for stating the law that prohibits government entities from spending money on advocacy work, as stated in the draft minutes. SS2. National Library Week Proclamation Mayor Blom read the proclamation and pres�nted it to Libervices Director Hartson and Board of Library Trustees Chair Paul Watkins, who thanked Council for their support and noted that this year's National Library Week theme is "There's More to the Story." SS3. Discussion Regarding Pilot Program for Homeowner Associations to Install Private Security Cameras Within the Public Right -of -Way Public Works Director Webb and Police Chi f Cartwright utilized a presentation to review the background, City Council Policy L-6, considerations for the pilot program, camera setup and signage examples, the current request for cameras, discussed other cities' camera programs and possible placement sus, and reported on the number of homeowner associations in the City. Mayor Pro Tem O'Neill noted past conversations, a crime reduction focus, the Spyglass Hill camera location test case, and his uncertainty of what the City should do. He supported modifying City Council Policy L-6, requiring no fee for the pilot program, requiring a license agreement, having minimal signage with no company name, using solar power, focusing on the street, and discussed data usage. He expressed interest in moving forward with a pilot program consisting of five to ten homeowner associations that represent geographic diversity. Council Member Weigand thanked Mayor Pro Tem O'Neill for bringing the matter forward, noted residents installed cameras in Santa Ana Heights, expressed interest in expanding camera use throughout the City and not just limited to homeowner associations, suggested other locations, acknowledged privacy concerns and data sharing, and questioned the process for selecting entities. In response to Council Member Weigand's questions, Public Works Director Webb reviewed the process for selecting providers, considerations for police department needs, and the reasons for using homeowner associations for the pilot program. Council Member Weigand indicated that he wants to ensure the City can access the collected data anytime, expressed concern for staff time, suggested conferring with other cities on best practices, and noted preventive crime ideas. Council Member Kleiman thanked Mayor Pro Tem O'Neill for bringing the matter forward and supported additional crime prevention resources. Volume 65 - Page 528 City of Newport Beach City Council Meeting April 25, 2023 In response to Council Member Kleiman's request, Police Chief Cartwright described partnerships with other law enforcement agencies in the region and the process to access data. Council Member Kleiman acknowledged a proactive and reactive process and supported a nominal fee for the pilot program and a community -wide program. Council Member Stapleton thanked Mayor Pro Tem O'Neill and staff for putting the item together, and in response to his questions, Public Works Director Webb noted cities that own the installed cameras, homeowner associations in the City with cameras, and the option to hard wire cameras using City -owned streetlights for a cleaner appearance. Mayor Pro Tem O'Neill agreed that hard -wiring is a cleaner appearance and supported using the City poles if the City owns the installed cameras, expected the program to go beyond homeowner associations, explained the reasons for the pilot program using homeowner associations, noted privacy expectations for government versus private licensed agreements, and expressed support for using solar panels on City -owned poles. Council Member Grant supported a pilot program to analyze the efficacy of the program and requested that staff adequately assess the City's privacy obli ation to the public. A � Council Member Weigand supported participation I hom w er associations with 50 or more homes and by different neighborhoods and, in response to his question, Public Works Director Webb agreed to send out a notification to homeowner associations that are not aware of the program. Mayor Blom suggested starting the pilot program with ten neighborhoods, and in response to his question, Police Chief Cartwright noted a license plate reader program that alerts the police department without recording information. Mayor Blom indicated that this approach would help avoid public records issues. Public Works Director Webb indicated that this would need to be included in the agreement. Mayor Pro Tem O'Np-ill supported a ca f 10 homeowner associations in the pilot program and, in response to his question, City Attorney Harp indicated that recordings not controlled by the City would not be subject to the Public Records Act. Bruce Horn! Spyglass Hill Homeowner Association President, supported the placement of license capturing cameras on public properties, emphasized the importance of privacy, and noted privacy agreement terms with Flock Safety, camera placement allowances, and homeowner camera and signageinterest for crime prevention. He asked Council to allow the placement of cameras in his association to increase resident safety. Lee Pearl, Balboa Island Improvement Association representative, discussed the License Plate Reader (LPR) policy and how it has solved crimes on Balboa Island, suggested Balboa Island as a good place to test one camera on a light pole, indicated that the homeowner associations are willing to pay for it, and reported license plate capturing by the ferry. He noted that the Ad Hoc Residential Crime and Burglary Advisory Committee will be bringing recommendations to Council. Therese Loutherback noted burglaries in her neighborhood despite their Neighborhood Watch program, supported the installation of security cameras, and asked for Council support. John Lamb expressed interest in the Port Streets homeowner association participating in the pilot program. Volume 65 - Page 529 City of Newport Beach City Council Meeting April 25, 2023 Jim Mosher suggested including who is watching and what data is being collected on the signage, noted his discomfort with how the City of Beverly Hills uses its cameras, and questioned the data use by private companies and the legality and subjectivity of the policy relative to the Public Records Act and camera storage. Mayor Pro Tem O'Neill requested explicit language be included in the license agreement to prohibit facial recognition, suggested the Balboa Island Improvement Association be considered for the pilot program, indicated Mr. Lamb should speak with the Port Streets homeowner association about the pilot program, and recommended interested homeowner associations provide Public Works Director Webb with contact information. He thanked Spyglass Hill for its Neighborhood Watch efforts and fellow Council Members for the discussion. Council Member Weigand thought the City should be proactive in seeking interest in program participation. In response to Public Works Director Webb's question, Mayor Pro Tem O'Neill indicated that he does not want to make the pilot program cost prohibitive for the homeowner associations and suggested a nominal fee through the pilot program period that can be later addressed during a fee study. City Attorney Harp suggested implementing a nominal fee for use of the right-of-way but no permit fee. In response to Public Works Director Webb's question, Mayo4om suggested a one-year pilot program period with the option to renew. In response to Mayor Pro Tem O'Neill's question, Mr. Horn indicated that the Spyglass Hill Homeowner Association has a lease agreement with Flock Safety for a per camera charge. Mayor Pro Tem O'Neill supported a one-year pilot program period. I The City Council agreed unanimously by4 raw vote to move forward with the pilot program. III. PUBLIC COMMENTS An unidentified speaker expressed concern Argeneral safety in the Port Streets area and highlighted issues throughout the year, especially on July 4th and Halloween, with e-bikes, rocket bombs in the main park, and multiple fires. The speaker asked for the City to partner with the Port Streets to address safety risks in the park. Philip Bettencourt indicald herwill send policies and regulatory documents from the Newport Coast Community Association and ermuda Dunes Security Association to City staff, and expressed support for the library bookstore sales. 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 LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9) (d)(2), (e)(2)(3)): 1 matter The City Council will meet in Closed Session to discuss potential litigation against the City as set forth in the correspondence dated April 11, 2023, from Andrew Willis, Enforcement Staff Counsel, for the California Coastal Commission, related to the Western Snowy Plover and the wood -slat fences that previously existed at/near Balboa Beach. B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Volume 65 - Page 530 City of Newport Beach City Council Meeting April 25, 2023 (Government Code § 54956.8): 1 matter Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and 944 Via Lido Nord (423-281-10) (approximately 845 square feet) City Negotiators: Seimone Jurjis, Community Development Director, and Lauren Wooding Whitlinger, Real Property Administrator. Negotiating Parties: Palmer 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. C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 3 matters Title: Grace Leung, City Manager Title: Aaron C. Harp, City Attorney Title: Leilani I. Brown, City Clerk V. RECESSED — 5:04 p.m. VI. RECONVENED AT 6:00 P.M. FOR REGULAR MEE VII. ROLL CALL _ VIII. Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand ,2I City Attorney Harp re olrtable actions were taken. IX. INVOCATION — MW�o TM O'Neill X. PLEDGE OF ALLEGIA1 Arouncil Member Kleiman XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Kleiman: • Attended a meeting with the John Wayne Airport (JWA) Director along with Mayor Blom and staff, and an Aviation Committee meeting • Announced her upcoming airport lobbying trip to Washington, D.C. Council Member Stapleton: • Attended the Police Department promotion and swearing -in ceremony, OASIS volunteer brunch, and a tour of the Santa Ana River Trail • Worked on sand replenishment efforts on the westside of the City • Announced the Water Quality/Coastal Tidelands Committee meeting on May 4, 2023 • Attended the Crime Victims Ceremony in Santa Ana with District Attorney Todd Spitzer and Mayor Pro Tem O'Neill • Announced the Newport Beach Foundation's Polo Event on May 13, 2023 Volume 65 - Page 531 City of Newport Beach City Council Meeting April 25, 2023 Council Member Grant: • Attended Speak Up Newport on April 12, 2023, where Nancy Gardner discussed the General Plan Update, the Corona del Mar Chamber of Commerce presentation to discuss the proposed Civic Hall, the Oasis Sailing Club Opening Day on April 14, 2023, OASIS Senior Center volunteer brunch with Council Member Stapleton, and the Eastbluff Butterfly Garden grand opening • Utilized presentations to discuss the Police Department promotion and swearing -in ceremony and the City's April 22, 2023 Earth Day Event at the Corporate Yard that featured free document shredding, e-waste disposal, and compost distribution Council Member Avery: • Attended the Police Department promotion and swearing -in ceremony Mayor Pro Tem O'Neill: • Attended Corona del Mar Residents Association meeting Mayor Blom: • Attended a Fire Ops Training • Utilized presentations to highlight the City's new website to help homeowners build Accessory Dwelling Units (www.newportbeachca.gov/adu) and announce the May 10, 2023 deadline to apply for Boards and Commissions XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO A PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Consider amending the affordabilit in the Newport Place Planned Community Development Standards from 30% to 1 ]� Mayor Pro Tem O'Neill and Council r Stapleton recused themselves due to their membership in the Pacific Club ihic in proximity to the Newport Place Planned Community Development. • Mayor Blom and Council Members Avery, Grant, Kleiman, and Weigand concurred to bring the matter back at a future meeting. XIV. PUBLIC COMMENTS ON CO ENS.` CALENDAR Regarding Item 7 (Central 1nced ecture Hall Building Project —Reject All Bids for Contract No. 7444 2), Council Member Grant that a reallocation of the American Rescue Plan Act (ARPA) funds for the Civic Hall (renamed rom Lecture Hall) is being considered for another project, there will be a process to amend the budget, and the project will go out for rebidding. In response to Jim Mosher's question regarding Item 13 (Confirmation of Appointments to the General Plan Advisory Committee and Co -Chair Positions), City Clerk Brown indicated that the appointment for the third vacancy, in addition to two new unscheduled vacancies, will occur at the May 9, 2023 meeting in order to meet Maddy Act and City Council Policy A-2 noticing requirements. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the April 11, 2023 City Council Meeting [100-20231 Waive reading of subject minutes, approve as written, 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. Volume 65 - Page 532 City of Newport Beach City Council Meeting April 25, 2023 RESOLUTIONS FOR ADOPTION 3. Resolution No. 2023-20: Declaring a Portion of City -Owned Property at Eastbluff Park Located at 2401 and 2555 Vista del Oro as Exempt Surplus Land, and a Lease Agreement for the Property with Boys and Girls Clubs of Central Orange Coast for Recreation Facilities (C-9269-1) [381100-20231 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 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 it has no potential for resulting in physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-20, A Resolution of the City Council of the City of Newport Beach, California, Declaring a Portion of Eastbluff Park Located at 2401 and 2555 Vista del Oro, Newport Beach, California as Serving an Agency Use and Further Declaring that Portion as Exempt Surplus Land; c) Authorize the City Manager and City Clerk to execute a Lease Agreement with Boys and Girls Clubs of Central Orange Coast for use at the City -owned Eastbluff Park, located at 2555 Vista del Oro, in a form substantially similar to the agreement prepared by the City Attorney; and ( d) Approve a waiver of City Council Policy F-7 —Income and Other Property based on the findings contained in this staff report and the Agreement, that conducting an open bid process or changing the tenant would result in excessive vacancy, and the use of the property provides an essential or unique service to the community and is of a public benefit, and might not otherwise be provided where an open bid or full fair market value of the property be required, and based on the unique services provided by tenant, its board members are appointed through a process that ensures board members maintain the r quisite experience and contributions to the tenant's operations. 4. Resolution No. 2023-21: Supporting Submission of Grant Application Under the Orange County Transportation Authority Measure M2 Tier 1 Environmental Cleanup Program [100-2023J IV 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 the activity will not result in a direct or'reasonably foreseeable indirect physical change in the environment, and the activity is not a project as defined in Section15378; and b) Adopt Resolution No., 2023-21, A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Approving the Submittal of a Grant Proposal for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program. 5. Pulled from the Consent Calendar CONTRACTS AND AGREEMENTS 6. Street Pavement Repair Program (Project No. 231103) — Reject All Bids for Contract No. 8942-1 [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; b) Reject all bids received for Contract No. 8942-1 and direct staff to return all bid bonds; and c) Direct staff to re -advertise the Street Pavement Repair Program (FY 2022-23) with next fiscal year's contract. 7. Pulled from the Consent Calendar Volume 65 - Page 533 City of Newport Beach City Council Meeting April 25, 2023 8. Cooperative Agreement to Implement Total Maximum Daily Load Programs for Nutrients, Fecal Coliform Bacteria and Toxics in the Newport Bay Watershed (C-5164-1) [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 the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and the activity is not a project as defined in Section15378; and b) Authorize the Mayor and City Clerk to execute Cooperative Agreement MA-080-23010376 with the County of Orange and other upstream agencies to implement these water quality improvements, studies, monitoring, shared funding and compliance programs. 9. Approval of On -Call Beach Maintenance and Hauling Services Agreements with Tight Quarters (C-9270-1) and GCI Construction (C-9271-1) [381100-20231 a) Find this project 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 physical changes to the environment, directly or indirectly; and b) Approve Beach Maintenance and Hauling Services Agreements with Tight Quarters, Inc. and GCI Construction, Inc. in a form approved by the City Attorney, and authorize the Mayor and City Clerk to sign each agreement. Each on -call agreement is for a five-year term and carries a not -to -exceed cap of $2,000,000.- 1J 10. Conveyance Agreement Between the C_ty of Newport Beach and The Irvine Company to Accept a Portion of the Real Property at 201 East Coast Highway for a Public Dock, and a Lease Agreement Between the City of Newport Beach and County of Orange for Use of the Tidelands for the Public Dock [381100-20231 a) Determine the City Council has already approved the Mitigated Negative Declaration No. ND2013-002 (SCH 2O14081044) (MND) that addressed the potential environmental effects associated with the Project on November 25, 2014. All significant environmental effects of the Project have been addressed in the MND and no new or additional impacts will result from the approval of the Conveyance Agreement Gift Deed, Access and Parking Easement, Bill of Sale, Irrevocable Offer of Dedication of PWalkway, or City's lease with the County of Orange; b) Authorize the City Manager and City Clerk to execute the Conveyance Agreement (C-9272-1) and all associated documents necessary to accept and complete the donation transaction with The Irvine Company for a portion of the property at 201 East Coast Highway, in a form substantially similar to the documents prepared by the City Attorney; and c) Authorize the CitnManager and City Clerk to execute a Lease Agreement (C-9272-2) with the County of Orange foY.City-use of the public tidelands to operate a Public Dock at Balboa Marina, located at 201 East Coast Highway, in a form substantially similar to the agreement prepared by the City Attorney. 11. Agreement with Airwave Communications Enterprises, Inc. for Police Vehicle Customization Services (C-9273-1) [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 Airwave Communications Enterprises, Inc., for Police Department Vehicle Customization Services in an amount not -to -exceed $875,000, and authorize the Mayor and City Clerk to execute the Agreement. MISCELLANEOUS 12. Planning Commission Agenda for the April 20, 2023 Meeting Receive and file. Volume 65 - Page 534 City of Newport Beach City Council Meeting April 25, 2023 13. Confirmation of Appointments to the General Plan Advisory Committee and Co -Chair Positions [241100-20231 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) Confirm the General Plan Update Steering Committee's recommended appointments of Matthew Brady and Charles Fancher to fill the seats on the General Plan Advisory Committee; and c) Confirm the General Plan Update Steering Committee's recommended appointments of Jeremy Evans and Arlene Greer as Co -Chairs of the General Plan Advisory Committee. 14. Balboa Chamber of Commerce Request to Waive City Council Policy B-13 for Newport Beach Polo Match [100-20231 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor Alterations to Land), because it has no potential to have a significant effect on the environment; and b) Recommend approval to waive City Council Policy B-13, Public Use of City Facilities, Section A.1, Regulations and Restrictions — Use of Alcohol, to allow for Newport Beach Polo Match to be conducted at Peninsula Park. Event approval would be contingent upon Special Event Permit approval. ' Council Members Kleiman and Stapleton recused themsels from Item 14 due to their involvement with the Newport Beach Foundation who is a sponsor of the polo match. 15. Donation of Fire Engines to Des Moines Area Community College Fire Science 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) Authorize and approve the donation of two surplus fire engines to the Des Moines Area Community College Fire Science Program Foundation (DMACC) and authorize the Finance Director to exec any agreements or documentation necessary to complete the donation process. 16. Grants and Donations Report for the Quarter Ending March 31, 2023 [100-20231 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 arphysical change to the environment, directly or indirectly; and b) Receive and file. Motion by Mayor Pro O'Neill, seconded by Council Member Avery, to approve the Consent Calendar, except the items removed (Items 5 and 7); and noting the recusals by Council Members Kleiman and Stapleton to Item 14. The motion carried unanimously. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Resolution No. 2023-22: Repeal of Level Two Water Shortage and Water Supply Update [I 00-20231 Council Member Weigand highlighted the efforts by the City and County to plan for weather emergencies, expressed concern for future drought condition preparedness, and asked for an update on ongoing water supply protection measures. Utilities Director Vukojevic reviewed the water recycling and conservation efforts, and approaches for water supply preparedness. Volume 65 - Page 535 City of Newport Beach City Council Meeting April 25, 2023 Jim Mosher supported being water -wise and vigilant, noted permanent water restrictions, prohibitions, and acceptable watering of vegetation as needed, and questioned the average rain accumulation calculations. Council Member Weigand thanked staff and residents for their efforts to get the City to its current state. Motion by Council Member Weigand, seconded by Mayor Pro Tem O'Neill, 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. 2023-22, A Resolution of the City Council of the City of Newport Beach, California, Repealing Resolution No. 2022-46, which Declared a Level Two Water Supply Shortage, and Resolution No. 2022-88, which Extended the Declaration of a Level Two Water Supply Shortage. The motion carried unanimously. 7. Central Library Lecture Hall Building Project — eject All Bids for Contract No. 7444-3 (19F11) [381100-20231 Council Member Weigand noted the time invested on the project by the previous Council, expressed interest in an opportunity for public discussion, conveyed continued commitment to move the project forward, noted challenges for builders, an om unity to see what the future holds, and thoughtful fund appropriation. 1 Dorothy Larson thanked Council and staff for their efforts on the Civic Hall, noted its use to the community, and urged Council to movq forward with the project. Jim Mosher reminded Council about the Libra( Lecture Hall Design Committee's existence and suggested seeking them advice for future direction. Council Member Grant explained the deadlines to allocate, encumber, and expend ARPA Funds, which led to reallocating th nds to projects that fit the timeline. She clarified that other funds will be reallocated to the Civ all project, and it will go out to rebid. Mayor Blom supporter{ infr tructure projects and the Civic Hall project, was unsupportive of the bids and thought reject)Wthem would give the City an opportunity for due diligence and a fiscally conservative approach to appropriating funds. Council Member Avery expressed the opinion that getting more community members to help the foundation would encourage the City to do the same, the programming is an essential, rewarding, and necessary piece to quality of life, and the project will happen in time. Craig Hudson stated that the City has one of the finest libraries in the world, supported the project moving forward, and thanked Council. Motion by Council Member Weigand, seconded by Council Member Grant, to a) reject all bids received for Contract No. 7444-2 and direct staff to return all bidders bonds; and b) approve Budget Amendment No. 23-061 redirecting American Rescue Plan Act (ARPA) Funding from the Library Lecture Hall Building Project Account, 16601-980000-19F11, to the City Yard Fueling Support Facilities and Transfer Station Rehabilitation Project Account, 16601-980000-20F14. The motion carried unanimously. Volume 65 - Page 536 City of Newport Beach City Council Meeting April 25, 2023 XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS - None XVIII. PUBLIC HEARING 17. Resolution No. 2023-23: Community Development Block Grant — 2023-2024 Annual Action Plan (C-8482) [381100-20231 Community Development Director Jurjis and Real Property Administrator Whitlinger utilized a presentation to review the Community Development Block Grant (CDBG) program draft 2023-2024 annual action plan overview, the process, budget limits, funding by category, and recommended next steps. Council Member Kleiman thanked staff, expressed concern for duplicative efforts, discussed the motel voucher program, intervention efforts before homelessness occurs, and suggested the Ad Hoc Committee on Homeless Task Force be involved in the future. In response to Council Member Grant's question, Real Property Administrator Whitlinger indicated that the grant agreements require that public service funds remain within the City borders. Mayor Blom opened the public hearing. Jim Mosher suggested that recommendations from the Ad Hoc C ittee on Homeless Task Force be provided to Council, noted a discrepancy with the percentage of senior citizens that are homebound, questioned the number of nights �be provided through the motel voucher program, suggested more handicap parking be considered at McFadden Square, noted the acronym "COC" used on page 6 does not have an explanation, questioned expenditures from an affordable housing trust fund, and thought that page 23 should read "The City of Newport Beach does not administer Section 8 ..." versus "The Newport Beach Housing Authority does not administer Section 8 ...." Hearing no further testimony, Mayor Blom closed the public hearing. Motion by Mayor Pro Tern O'Neill, seconded by Mayor Blom, to a) find the approval of the 2023-2024 Annual Action Plan exempt from the National Environmental Policy Act (NEPA) pursuant to 24 GFR Part 58, Section 58.34; b) find the approval of the 2023-2024 Annual Action Plan exempt fNm 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) aW 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 it has no potential for resulting in physical change to the environment, directly or indirectly; c) adopt Resolution No. 2023-23, A Resolution of the City Council of the City of Newport Beach, California, Approving the 2023-2024 Annual Action Plan for Allocation of the Federal Community Development Block Grant Program Funds for Fiscal Year 2023-2024; and d) authorize the City Manager to: i. proportionally adjust appropriations to specific programs and projects as necessary to conform with the final 2023-2024 formula grant allocation of CDBG funds from HUD if the appropriation is more or less than $399,099; ii. submit the 2023-2024 Annual Action Plan to HUD; iii. execute the 2023-2024 CDBG Program Grant Agreement and all related documents on behalf of the City of Newport Beach; iv. execute all sub -recipient agreements with the non-profit organizations receiving allocations of CDBG funds in the 2023-2024 Action Plan; and v. authorize the Community Development Director, or his designee, to be the official representative of the City of Newport Beach, administer the 2023-2024 Annual Action Plan and submit required environmental documentation to HUD for CDBG projects. The motion carried unanimously. Volume 65 - Page 537 City of Newport Beach City Council Meeting April 25, 2023 XIX. CURRENT BUSINESS 18. Resolution No. 2023-24: Initiation of an Amendment to the Newport Village Planned Community Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071) [100-20231 Mayor Blom recused himself due to real property interest conflicts. Community Development Director Jurjis and Associate Planner Perez utilized a presentation to review the text change to allow recreational amenities, the existing site plan, and conceptual site plan. City Manager Leung reported that the Orange County Transportation Authority (OCTA) and The Irvine Company are supportive of the idea, and discussions with them will continue. Council Member Grant supported the project, noted community excitement for more recreation opportunities, and thanked staff for their creativity to repurpose part of the land. a Council Member Kleiman concurred with Council Member Grant's comments. Motion by Council Member Grant, seconded by Council Member Kleiman, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2023-24, AResolution of the City Council of the City of Newport Beach, California, Initiating an Amendment to the Newport Village Planned Community (PC-27) Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071). With Mayor Blom recusing himself, the ion carried 6-0. XX. MOTION FOR RECONSIDER XXI. ADJOURNMENT - Adjourned at 6:57 p.m. in memory of Jean Watt The agenda was posted on the Citowebsite and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on April 20, 2023, at 4:00 p.m.� Noah Blom Mayor Leilani I. Brown City Clerk Volume 65 - Page 538