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Agenda Item No. IV A
CITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
JUNE 13, 2023
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
STUDY SESSION — 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION — FOLLOWS STUDY SESSION
REGULAR MEETING — 6:30 P.M.
NOAH BLOM, Mayor
WILL O'NEILL, Mayor Pro Tern
BRAD AVERY, Council Member
ROBYN GRANT, Council Member
LAUREN KLEIMAN, Council Member
JOE STAPLETON, Council Member
ERIK WEIGAND, Council Member
GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI I. BROWN, City Clerk
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT
Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk
24 hours prior to the scheduled City Council meeting.
LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract
(other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use,
is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars
($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City.
If you have made a qualifying contribution, please ensure to make this disclosure on the record.
PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted,
you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written
correspondence received by the City at or before the hearing.
NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time
given.
This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at
100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items
of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation
regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are
also available on the City's webpage at newportbeachca.gov/agendas.
The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee
or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to
accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of
your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk@newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
JUNE 13, 2023
STUDY SESSION - 4:00 P.M. (PUBLIC WELCOME)
CLOSED SESSION - FOLLOWS STUDY SESSION
REGULAR MEETING - 6:30 P.M.
ROLL CALL — 4:00 p.m.
CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
SS2. Proclamation Recognizing Ben Kwong
SS3. Recognition of Newport -Mesa Unified School District High School Students
SS4. Overview of Improvements to the Santa Ana -Delhi Flood Control Channel
The County of Orange Public Works Department will provide an overview of improvements
to the existing flood control channel from Upper Newport Bay to downstream of Mesa Drive
in the Santa Ana Height area. The primary goals of the project are to provide enhanced flood
protection and habitat mitigation. Additionally, the existing trails in the area will be improved
for regional connectivity and the Bayview Trail Bridge will be replaced. The County will also
discuss planned outreach efforts throughout design and construction of the project.
SS5. Overview of the City -Owned Balboa Yacht Basin Property, Located at 829 Harbor
Island Drive
Community Development staff will be presenting an overview of the City -owned Balboa
Yacht Basin property. Currently developed with a 172-slip marina, storage garages, a
restaurant, commercial retail and office uses, and several residential apartments, the
property is almost fully occupied. Built in the 1950's, the buildings are approaching the end
of their useful life and need significant investment. The presentation will focus on the current
state of the buildings and the possible opportunity to seek a private sector partner to
redevelop it.
III. PUBLIC COMMENTS
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are invited on items listed on the agenda and non -agenda items. Speakers must limit
comments to three (3) minutes per person to allow everyone to speak. Written comments are
encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda
or non -agenda items.
IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9 (d)(1)(4)): 2 matters
Orange County Water District et al. v. 3M Company, et al.
Orange County Superior Court Case No. 30-2020-01172419-CU-PL-CXC
In re: Aqueous Film -Forming Foams Products Liability Litigation
United States District Court, South Carolina, Charleston Division, MDL No. 2873 (Master Docket
No. 2:18-mn-2873-RMG)
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June 13, 2023
Page 2
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 406, 408, and 410 South Bay Front, Newport Beach, California 92662.
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Wooding
Whitlinger, Real Property Administrator.
Negotiating Parties: Seymour Beek.
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
C. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION — INITIATION OF LITIGATION
(Government Code § 54956.9 (d)(4)): 1 matter
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 3 matters
Title: Grace Leung, City Manager
Title: Aaron Harp, City Attorney
Title: Leilani Brown, City Clerk
E. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Noah Blom, Mayor, and Will O'Neill, Mayor Pro Tem.
Unrepresented Employees: Grace Leung, City Manager, Aaron Harp, City Attorney, and
Leilani Brown, City Clerk.
V. RECESS
VI.
VII.
Vill.
IX.
X.
XI.
Kff
RECONVENE AT 6:30 P.M. FOR REGULAR MEETING
ROLL CALL
CLOSED SESSION REPORT
INVOCATION — Dr. Muzammil H. Siddigi, Islamic Society of Orange County
PLEDGE OF ALLEGIANCE
NOTICE TO THE PUBLIC
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are generally limited to three (3) minutes per person to allow everyone to speak. Written
comments are encouraged as well. The City Council has the discretion to extend or shorten the time
limit on agenda or non -agenda items.
CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
City Council Meeting
June 13, 2023
Page 3
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider having staff research Planning Commission stipends in surrounding and
comparable Orange County cities to determine if Newport Beach compensates its
Planning Commissioners appropriately [Weigand]
• Consider initiating the process of renaming Back Bay View Park in honor of former
Council Member Jean Watt [Weigand]
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Council Members may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 20). Public comments are also invited on Consent Calendar items. Speakers
must limit comments to three (3) minutes. Before speaking, please state your name for the record. If
any item is removed from the Consent Calendar by a Council Member, members of the public are
invited to speak on each item for up to three (3) minutes per item.
All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted
by one motion in the form listed below. Council Members have received detailed staff reports on
each of the items recommending an action. There will be no separate discussion of these items prior
to the time the City Council votes on the motion unless members of the City Council request specific
items to be discussed and/or removed from the Consent Calendar for separate action.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
Minutes for the May 23, 2023 Special Joint Meeting of the City Council and Finance
Committee and the May 23, 2023 City Council Meeting
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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2023-8: Recommendations Resulting from Harbor Commission Objective
2.3 to Improve Navigation Safety, Allow for Additional Moorings Within the Fields and
Mooring Size Exchange Requests
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15302 under Class 2 (Replacement or Reconstruction) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
to have a significant effect on the environment; and
b) Conduct a second reading and adopt Ordinance No. 2023-8, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Sections 17.25.020 (Anchorage,
Berthing and Mooring Regulations) and 17.60.040 (Mooring Permits) of the Newport Beach
Municipal Code.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2023-33: Specifying Uses for FY2023-24 RMRA Funding from the Road
Repair and Accountability Act of 2017
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
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June 13, 2023
Page 4
b) Adopt Resolution No. 2023-33, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a List of Projects for Fiscal Year 2023-24 Funded by SB 1, The Road
Repair and Accountability Act of 2017.
5. Resolution No. 2023-34: Adoption of Fiscal Year 2023-24 Appropriations Limit
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. 2023-34, A Resolution of the City Council of the City of Newport Beach,
California, Determining and Establishing an Appropriations Limit for Fiscal Year 2023-24 in
Accordance with Article Xlll B of the California Constitution and Government Code Section
7910, in the amount of $246,571,634.
6. Resolution No. 2023-35: Annual Measure M2 Eligibility Submittal
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly;
b) Adopt the Measure M2 Seven -Year Capital Improvement Program (CIP);
c) Adopt Resolution No. 2023-35, A Resolution of the City Council of the City of Newport Beach,
California, Concerning the Status and Update of the Circulation Element, Mitigation Fee
Program, Local Signal Synchronization Plan, and Pavement Management Plan for the
Measure M2 Program, and thereby adopting the updated Local Signal Synchronization Plan;
and
d) Direct staff to submit all necessary material to OCTA to satisfy the FY 2023-24 Measure M2
annual eligibility requirements.
7. Resolution No. 2023-36: Confirmation of Nominations to the Water Quality/Coastal
Tidelands Committee
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2023-36, A Resolution of the City Council of the City of Newport Beach,
California, Waiving the Term Limits Established by Resolution Nos. 2012-115, 2021-11, and
City Council Policy A-2, Boards, Commissions and Committees; and
c) Confirm the nominations of the following applicants to fill the three available Committee
seats, each with terms scheduled to expire June 30, 2027:
Lawrence (Tom) Houston
Craig Hudson
Steve Patterson
Spencer Pirdy
George Robertson
John Wadsworth.
CONTRACTS AND AGREEMENTS
8. FY 2021-22 Streetlight Improvements Project (Harbor View Hills) — Notice of Completion
for Contract No. 7661-3 (22V02)
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 Performance Bond one year after acceptance by the City Council.
City Council Meeting
June 13, 2023
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9. FY 2021-2022 Playground Improvements — Notice of Completion for Contract No. 8716-1
(22P01)
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 the Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
10. Award of Agreements for On -Call Trenchless Pipe Lining Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly;
b) Approve Maintenance/Repair Services Agreement with Sancon Technologies, Inc., for
on -call pipe lining services for a five-year contract term with up to a total contract
compensation amount of $750,000, and authorize the Mayor and City Clerk to execute the
Agreement; and
c) Approve Maintenance/Repair Services Agreement with Southwest Pipeline and Trenchless
Corp., for on -call pipe lining services, for a five-year contract term with up to a total contract
compensation amount of $250,000, and authorize the Mayor and City Clerk to execute the
Agreement.
11. Award of Services Agreement for Video Inspection Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Approve Maintenance/Repair Services Agreement with Mattucci Plumbing, Inc., for video
inspection services for a five-year contract term with up to a total contract compensation
amount of $2,000,000, and authorize the Mayor and City Clerk to execute the Agreement.
12. Amendment No. Two to On -Call Service Agreement for Temporary Pumping Equipment
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 Amendment No. 2 to the On -Call Maintenance/Repair Services Agreement with
Charles King Company, for Temporary Pumping Equipment, which extends the agreement
to June 30, 2025, and increases the total agreement compensation by $130,000, and
authorize the Mayor and City Clerk to execute the Agreement.
13. Amendment No. One to the Professional Services Agreement with Kimley-Horn &
Associates, Inc. for Housing Element Implementation
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 the City Manager and City Clerk to execute Amendment No. One to the
Professional Services Agreement with Kimley-Horn & Associates, Inc., for Housing, Land
Use and Circulation Elements to the General Plan Consulting Services and increase the total
not -to -exceed contract amount by $395,310.
14. Amendment No. Two to a Professional Services Agreement with Sagecrest Planning and
Environmental for Staff Augmentation
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 Amendment No. Two to Professional Services Agreement with Sagecrest Planning
and Environmental for Staff Augmentation — Planning Services.
City Council Meeting
June 13, 2023
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15. Professional Service Agreement with Granicus, LLC for Granicus Web and govAccess
Updates
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 the Mayor and City Clerk to execute a five-year maintenance, hosting, licensing
and website redesign agreement with Granicus, LLC, the sole provider of govAccess for a
not -to -exceed amount of $312,155.
MISCELLANEOUS
16. Assembly Bill 1705 for Ground Emergency Medical Transport Intergovernmental Transfer
Voluntary Participation
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 the City's voluntary participation in the new PP-GEMT-IGT program per AB 1705
for State Calendar Year 2023 (CY 2023) and authorize the City Manager to execute the
Public Provider Intergovernmental Transfer Program for Ground Emergency Medical
Transportation Services Certification Form for State Calendar Year 2023 and pay all
necessary invoices;
c) Approve Budget Amendment No. 23-075 appropriating $134,477.47 in increased
expenditures in Account No. 01040404-821010 (PP-GEMT-IGT) from the general fund
unappropriated fund balance for Fiscal Year 2022-23 in order to pay the first payment; and
d) Approve Budget Amendment No. 24-002 appropriating $309,298.18 in increased
expenditures in Account No. 01040404-821010 (PP-GEMT-IGT) from the general fund
unappropriated fund balance for Fiscal Year 2023-24 to make remaining estimated payments
to the State under the PP-GEMT-IGT program for State Calendar Year 2023.
17. Community Programs and Special Event Grants Recommendations for Fiscal Year
2023-24
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) Pursuant to City Council Policy A-12, find that the organizations listed below provide
community services or programs that serve residents and are beneficial to residents' quality
of life and authorize the allocation of $37,500 of the Community Programs Grants in the
following manner:
Community Programs Grants Applicant Recommendation
Balboa Island Museum and Historical Society $15,000
Newport Bay Conservancy $5,000
Newport Beach Historical Society $1,000
Newport -Mesa Family YMCA of Orange County $3,000
Orange Coast College Foundation Marine Program $2,000
Orange County Coastkeeper $3,500
Orange County Council, Boy Scouts of America: Sea Base $3,000
Youth Employment Services $5,000
Total $37,500
c) Approve a fee waiver for the cost of renting the Community Room and the Friends Meeting
Room for the recurring community programs provided by the San Diego Blood Bank ($4,389),
Speak Up Newport ($4,795) and Wake Up Newport ($2,748), totaling $11,932;
d) Waive City Council Policy A-12, which requires $75,000 to be expended each fiscal year for
Community Programs Grants, in favor of a reduction to $60,000, matching the Fiscal Year
2023-24 proposed budget;
City Council Meeting
June 13, 2023
Page 7
e) Pursuant to City Council Policy A-12, find that the special events listed below are community,
social or athletic events that are beneficial to residents' quality of life, and authorize the
allocation of $299,412 of the Special Event Grants in the following manner:
Community & Charitable Events Recommendation
4t" of July Parade and Picnic $510
Andersen Deans Port of July $510
Annual Corona del Mar Christmas Walk $5,500
Annual Corona del Mar Scenic 5K
$12,750
Annual Newport Classic Surf Contest
$1,063
Balboa Beerfest
$1,063
Balboa Island Carnival & Taste of Balboa
$2,000
Balboa Island Parade
$9,800
Balboa Island Summer Concert Series
$1,063
Balboa Island Street Fair
$1,063
Balboa Island Tree Lighting and Snow Day
$510
Balboa Howl'oween
$510
Car Show
$510
CDM Home Tour
$500
Christmas for a Cause
$510
Christmas in Balboa
$510
Corona del Mar Sandcastle Contest
$510
Field of Honor
$1,500
Lobsterfest at Newport Beach
$2,000
Picnic at the Park
$510
The California Gold
$510
Walk for Patrick Turner
$510
Wooden Boat Festival
500
Total
$44,412
Signature Events
Recommendation
Hoag Classic
$15,000
Newport Beach Christmas Boat Parade & Ring of Lights
$50,000
Newport Beach Film Festival
$140,000
Newport -Mesa Spirit Run
$30,000
Newport to Ensenada International Yacht Race
$10,000
Susan G. Komen More than Pink Walk Orange County
$10,000
Total
$255,000; and
f) Authorize the Recreation and Senior Services Director to sign one-year grant agreements
with the Signature Event organizers.
18. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the City Council
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 the report.
19. Confirmation of Annual Citizen Member Appointments to the Finance Committee
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly; and
b) Confirm Council Member Brad Avery's reappointment of Nancy Scarbrough, Council
Member Robyn Grant's reappointment of Keith Curry, Council Member Lauren Kleiman's
reappointment of Allen Cashion, and Council Member Erik Weigand's reappointment of
Bill Collopy to serve on the Finance Committee until June 30, 2024.
City Council Meeting
June 13, 2023
Page 8
20. Confirmation of Nominees for Scheduled Board and Commission Vacancies, and for
One Unscheduled Vacancy on the City Arts Commission
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 nominations made by the City Council Ad Hoc Appointments Committee:
Board of Library Trustees [2 vacancies]
Barbara Glabman (incumbent)
Lauren Kramer
Dorothy Larson
Jenny Williams
Building and Fire Board of Appeals [1 vacancy]
Kenneth Kasdan
Michael Manning (incumbent)
City Arts Commission [1 scheduled vacancy and 1 unscheduled
vacancy expiring June 30, 2025]
John Blom
Walt Howald
Melissa Kandel
Vanessa Moore
Sara Salam
Harbor Commission [1 vacancy]
Kevin Kramer
Jon Marlo
Marie Marston (incumbent)
Jordan Wachter
Parks, Beaches & Recreation Commission [2 vacancies]
Craig Hudson
Kate Malouf (incumbent)
Andrew Nahin
Anne Yelsey
Planning Commission [2 vacancies]
Ekta Naik
Mark Rosene (incumbent)
David Salene
Debbie Stevens; and
c) Confirm the nominations made by the Civil Service Board:
Civil Service Board [1 vacancy]
Laura Cowie
Matthew Parisi
Maiqual Talbot (incumbent)
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Public comments are invited on non -agenda items generally considered to be within the subject
matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before
speaking, please state your name for the record.
City Council Meeting
June 13, 2023
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XVIII. PUBLIC HEARINGS
21. Ordinance No. 2023-10: Code Amendment Establishing the "VE" Special Flood Hazard
Area Overlay District (PA2018-075)
a) Conduct a public hearing;
b) Find the introduction and adoption of this ordinance is not subject to the California
Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State
CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. The action is also exempt
pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have
a significant effect on the environment. The amendments themselves do not authorize
development that would directly result in physical change to the environment. Lastly,
pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the
requirements of CEQA in connection with the adoption of a Local Coastal Program;
c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2023-10, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to Establish
the Special Flood Hazard (VE) Overlay District (PA2018-075), and pass to second reading
on June 27, 2023; and
d) Adopt Resolution No. 2023-37, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of a Local Coastal Program Amendment to the California
Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code to Establish the Special Flood Hazard (VE) Overlay District
(PA2018-075).
22. Ordinance No. 2023-7 and Resolution No. 2023-30: Approval of the Fiscal Year 2022-23
Fee Study Update, and Resolution No. 2023-31: Approval of Amending Paramedic
Subscription Program Fees
a) Conduct a public hearing;
b) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly;
c) Adopt Resolution No. 2023-30, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Modified Schedule of Rents, Fines and Fees;
d) Adopt Resolution No. 2023-31, A Resolution of the City Council of the City of Newport Beach,
California, Modifying Resolution 2019-105 Relating to the Paramedic Subscription Program
Fee; and
e) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance
No. 2023-7, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery
Percentages, and pass to second reading on June 27, 2023.
23. Resolution No. 2023-38: Fiscal Year 2023-24 Budget Adoption, Budget Public Hearing, and
Recommendations from the Finance Committee
a) Conduct a public hearing regarding the City Manager's proposed budget for fiscal year 2023-
24;
b) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this
action will not result in a physical change to the environment, directly or indirectly;
c) Consider the Finance Committee's budget recommendations;
d) Adopt Resolution No. 2023-38, A Resolution of the City Council of the City of Newport Beach,
California, Adopting the Budget for the 2023-24 Fiscal Year,
e) Review and approve the City Manager's recommended list of City position classifications and
their salary ranges as required by the California Public Employees' Retirement System
(CaIPERS) and in accordance with 2 CCR § 570.5 (a)(1); and
City Council Meeting
June 13, 2023
Page 10
f) Approve Budget Amendment No. 24-001, appropriating structural surplus revenue to
one-time expenditure appropriations. Funds will be allocated to the CalPERS UAL additional
payment for FY 2023-24, Facilities Financial Plan, and Capital Improvement Projects.
XIX. CURRENT BUSINESS
24. City Council Homeless Ad Hoc Committee Recommendations
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) Review and discuss the Newport Beach City Council Homeless Ad Hoc Committee's
recommendations and provide direction to staff.
XX. MOTION FOR RECONSIDERATION
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the
previous meeting may be made only by one of the Council Members who voted with the prevailing
side.
XXI. ADJOURNMENT
Testimony given before the City Council is recorded.
The timer light will turn yellow when the speaker has one minute remaining.
The timer light will turn red when the speaker has 10 seconds remaining.
PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE