HomeMy WebLinkAbout04/25/2023 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
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 presented it to Library. Services 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 Chief 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 sites, 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.
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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 obligation to the public.
Council Member Weigand supported participation by homeowner 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'Neill supported a cap of 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 signage interest 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.
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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, Mayor Blom 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.
The City Council agreed unanimously by a straw vote to move forward with the pilot program.
III. PUBLIC COMMENTS
An unidentified speaker expressed concern for general 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 indicated he will send policies and regulatory documents from the Newport Coast
Community Association and Bermuda 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
(Government Code § 54956.8): 1 matter
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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 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.
IX. INVOCATION - Mayor Pro Tem O'Neill
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 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
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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.newportbeachea.gov/adu) and announce the May 10, 2023 deadline to apply
for Boards and Commissions
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider amending the affordability level in the Newport Place Planned Community
Development Standards from 30% to 15% [Weigand]
Mayor Pro Tem O'Neill and Council Member Stapleton recused themselves due to their
membership in the Pacific Club which is 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 CONSENT CALENDAR
Regarding Item 7 (Central Library Lecture Hall Building Project — Reject All Bids for Contract No. 7444-
2), Council Member Grant announced that a reallocation of the American Rescue Plan Act (ARPA) funds
for the Civic Hall (renamed from 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 1100-20231
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.
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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 requisite 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
[100-20231
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 Sectionl5378; 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. 23R03) - 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
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8. Cooperative Agreement to Implement Total Maximum Daily Load Programs for
Nutrients, Fecal Coliform Bacteria and Toxics in the Newport Bay Watershed (C-8559-2)
[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) [381100-2024
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.
10. Conveyance Agreement Between the City 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 [381100-2023]
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 Public Walkway, 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 City Manager and City Clerk to execute a Lease Agreement (C-9272-2) with the
County of Orange for 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.
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13. Confirmation of Appointments to the General Plan Advisory Committee and Co -Chair
Positions [241100-2023]
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) 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 [100-2023]
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 themselves 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 execute any agreements or documentation necessary to complete the donation
process.
16. Grants and Donations Report for the Quarter Ending March 31, 2023 [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; 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
[100-2023]
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.
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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 Tern 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 - Reject 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 opportunity to see what the future holds, and thoughtful
fund appropriation.
Dorothy Larson thanked Council and staff for their efforts on the Civic Hall, noted its use to the
community, and urged Council to move forward with the project.
Jim Mosher reminded Council about the Library Lecture Hall Design Committee's existence and
suggested seeking their advice for future direction.
Council Member Grant explained the deadlines to allocate, encumber, and expend ARPA Funds,
which led to reallocating the funds to projects that fit the timeline. She clarified that other funds
will be reallocated to the Civic Hall project, and it will go out to rebid.
Mayor Blom supported infrastructure projects and the Civic Hall project, was unsupportive of the
bids and thought rejecting them 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.
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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 Committee 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 to 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 CFR Part 58, Section 58.34; b) find the approval of the 2023-2024 Annual Action
Plan 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 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.
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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)
[I00-20231
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.
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) Deuelopment Plan to Allow Recreational Uses Within Area I (PA2023-0071).
With Mayor Blom recusing himself, the motion carried 6-0.
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT -Adjourned at 6:57 p.m. in memory of Jean Watt
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
April 20, 2023, at 4:00 p.m.
Noah I
Mayor
Leilani I. Brow 0{(gyk�
N A' Ul�
City Clerk
� 3
Volume 65 - Page 538