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HomeMy WebLinkAbout05/23/2023 - Study Session / Regular MeetingCITY OF NEWPORT BEACH City Council Meeting Minutes Study Session and Regular Meeting May 23, 2023 I. ROLL CALL - 4:56 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 Mayor Blom announced that Item 14 (Approval of the Fiscal Year 2022-23 Fee Study Update, and Approval of Amending Paramedic Subscription Program Fees) will be- continued to the June 13, 2023 City Council meeting. Additionally, he requested that Item 16 (A Code Amendment Related to Reinvestment and Improvements of Short -Term Lodging Units) be continued to a future City Council meeting. Jim Mosher supported the continuance of both items and noted errors in the fee schedule. Mayor Blom indicated corrections can be directed to any Council Member who will then forward them to the proper department. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Grant, to continue Item 14 to the June 13, 2023 City Council meeting and Item 16 to a future City Council meeting. The motion carried unanimously. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. Review of the Proposed Fiscal Year 2023-24 Capital Improvement Program Budget Council Member Kleiman announced she would be recusing herself on the Shore Cliffs Community Water System Improvements Project due to real property interest conflicts. Due to real property interest conflicts, Mayor Blom announced he would be recusing himself from discussions regarding Assessment District Nos. 111 and 124, the Balboa Island Water Main and Drainage Improvement Projects, the Balboa Island Microtransit Feasibility Study, and'the Transportation Center Pickleball Courts. Public Works Director Webb and Deputy Public Works Director Houlihan utilized a presentation to discuss the Capital Improvement Program (CIP), recap the 2022-2023 CIP, and highlight the proposed 2023-24 CIP list, the CIP budget summary by category, and City Council CIP priorities. In response to questions by the City Council regarding the Witte Lecture Hall, Public Works Director Webb indicated the project is fully funded to a project level of $13 million and City Manager Leung reviewed the timeline for rebidding the project and accessing additional funding, and noted the opportunity to agendize the item in the future for more discussion. Public Works Director Webb and Deputy Public Works Director Houlihan continued the presentation to review the following project categories: facilities, streets and drainage, transportation, parks, harbors and beaches, water quality and environmental, water system, wastewater system, and other projects. Additionally, they displayed a CIP budget summary table and a pie chart of proposed CIPs by fund. Volume 65 - Page 551 City of Newport Beach City Council Meeting May 23, 2023 In response to Council Member Weigand's question, Public Works Director Webb and Deputy Public Works Director Houlihan relayed that the turf at Arroyo Park will be the same or similar to the turf at Grant Howald Park and includes a colored infield for baseball. Public Works Director Webb relayed a meeting with Southern California Edison (SCE) to collaborate during the water main project and cable crossing work, and that the focus area is between Corona del Mar and Peninsula Point. Mayor Pro Tem O'Neil reviewed the slide of the proposed CIP by fund breakdown to highlight funding sources. City Attorney Harp noted Council Member Kleiman's conflicts with landscape enhancement projects based on her personal residence. Council Member Avery indicated that this is his favorite presentation of the year since many of the projects are related to the health and happiness of residents, but noted that the project list is complicated due to the City's proximity to the ocean. He commended the Public Works Department for the impressive project list, indicated residents are very fortunate, and stated that this is another reason why people want to live in Newport Beach. Council Member Grant echoed Council Member Avery's comments and commended the Public Works Department. In response to Nancy Scarbrough's questions, Deputy Public Works Director Houlihan indicated that the second part of the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot construction will have a different foundation from the footings and caissons that are currently under construction. Laura Curran asked that the following be included in future CIP reports and presentations: a definition of the word "rebudget," the threshold of a CIP versus an operating project, clarity in the park master maintenance program, a spreadsheet of actual costs for each project, the name of the presenter on the cover page, and more detail. III. PUBLIC COMMENTS - None City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the item listed on the Closed Session agenda and read the title. IV. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 2 matters 1. Orange County Coastkeeper v. U.S. Army Corps of Engineers United States District Court Case No. 8:23-cv-00507-DOC-JDE 2. Friends of Newport Harbor v. U.S. Army Corps of Engineers United States District Court Case No: 5:23-cv-00591 V. RECESSED - 5:21 p.m. VI. RECONVENED AT 5:42 P.M. FOR REGULAR MEETING VII. ROLL CALL Volume 65 - Page 552 City of Newport Beach City Council Meeting May 23, 2023 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 SESSIONREPORT City Attorney Harp announced that all Council Members voted in favor of the motion made by Mayor Pro Tem O'Neill and seconded by Council Member Kleiman to join or intervene in the litigation related to Orange County Coastkeeper u. U.S. Army Corps of Engineers and Friends of Newport Harbor u. U.S. Army Corps of Engineers (Closed Session Item IV.A). IX. INVOCATION — Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene X. PLEDGE OF ALLEGIANCE — Mayor Blom XI. PRESENTATIONS • Proclamation to the Friends of the Newport Beach Animal Shelter (FONBAS) Mayor Blom read the proclamation and presented it to FONBAS President Jon Langford who utilized a presentation to thank the City, introduce the FONBAS Board of Directors, provide background, and announce that the Animal Shelter building is fully equipped and has received its certificate of occupancy. • National Public Works Week Proclamation Mayor Blom read the proclamation and presented it to Public Works Director Webb and his staff who thanked Council and the community for their ongoing support. XII. NOTICE TO THE PUBLIC XIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Kleiman: • Spoke at the Newport Beach Leadership Fair at Sherman Gardens and addressed the Mayor's Youth Council participants Council Member Stapleton: • Congratulated the Newport Beach Foundation on the polo tournament and thanked Recreation and Senior Services Director Levin, recreation staff, and Police Sergeant Oberon for their support • Visited the Sunset View Park and Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot construction site • Toured the Santa Ana River Marsh • Spoke with participants of the Orange Coast College Water Safety Course led by Laird Hayes Council Member Grant: • Attended the Association of California Cities Orange County (ACC-OC) Board of Directors installation and congratulated City Manager Leung and Mayor Pro Tem O'Neill on their board appointments, the Balboa Yacht Club opening day, Public Safety Day, and the Citizens' Police Academy graduation • Congratulated the Newport Beach Foundation and the American Polo Association for bringing polo to the Balboa Peninsula, and the Public Works Department for hosting the Touch a Truck event on the Balboa Peninsula • Attended Battle In The Bay hosted by Laird Hayes and the Recreation and Senior Services Department where Newport Harbor High School and Corona del Mar High School water polo teams competed in 62-degree water • Recognized the work of Health and Wellness Supervisor Zapien at the OASIS Senior Center Volume 65 - Page 553 City of Newport Beach City Council Meeting May 23, 2023 Council Member Weigand: • Commended the Touch a Truck and Public Safety Day events Council Member Avery: • Attended the Battle In The Bay water polo event, Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project site visit, and the Newport Theatre Arts Center's upcoming season announcement event and expressed excitement for the Addams Family performance Mayor Pro Tem O'Neill: • Attended the Balboa Island Art Walk • Announced the Finance Committee meeting on May 25, 2023, Field of Honor ceremony on May 29, 2023 at noon at Castaways Park, and the June 4, 2023 Balboa Island Parade • Utilized a slide to explain the Transportation Corridor Agencies' (TCA) road construction debt process, debt reduction efforts, and toll elimination goal Mayor Blom: • Announced the May 27, 2023 composting and shredding event XIV. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Direct the Planning Commission to identify opportunities to modify Chapters 20 and 21 of the Newport Beach Municipal Code to facilitate new visitor serving accommodation opportunities within the MU-W2 and MU-CV/15th Street zones for multi -unit residential developments with 20 or more residential units under common ownership. Consider as part of this review professional management, amenities, and where there are no parking impacts that could reduce the availability of parking in residential neighborhoods [O'Neill] Mayor Blom recused himself due to real property interest conflicts. With Mayor Blom recusing himself, the remainder of the City Council concurred to bring the matter back at a future meeting. XV. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 7 (Amendment No. Three to Temporary Employment Agreement with Rosahnh Ung), Mayor Pro Tem O'Neill stated that the staff report references City Council Policy F-20 when it should be City Council Policy F-14, and asked City Attorney Harp to verify the accuracy of the item. Regarding Item 11 (Conversion of Boardwalk Ambassador Program to Boardwalk and Quality of Life Enforcement Program), Denys Oberman expressed appreciation to Council Member Stapleton and staff for finding a constructive solution. XVI. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the May 9, 2023 City Council Meeting [I00-20231 Waive reading of subject minutes, approve as amended, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only. ORDINANCES FOR ADOPTION 3. Ordinance Nos. 2023-4 and 2023-5: Code Amendments Related to Time Shares (2022-0202) [I00-20231 Volume 65 - Page 554 City of Newport Beach City Council Meeting May 23, 2023 a) Find proposed amendments- to Titles 20 and 21 of the NBMC are not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines, because it would not result in a direct or reasonably foreseeable indirect physical change in the environment and is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Additionally, the proposed amendments to Titles 20 and 21 of the NBMC are categorically exempt pursuant to Section 15308 because the ordinances involve regulatory actions to assure protection of the environment; b) Conduct second reading and adopt Ordinance No. 2023-4, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Related to Time Shares (PA2022-0202); and c) Conduct second reading and adopt Ordinance No. 2023-5, An Ordinance of the City Council of the City of Newport Beach, California, Approving and Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission Amending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to Time Shares (PA2022- 0202). 4. Ordinance No. 2023-6: A Code Amendment Updating Commercial Parking Requirements (PA2021-104) [100-20231 a) Find the adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) in accordance with Section 20165 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines). The Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2023-6, 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 Related to Commercial Parking (PA2021-104). Mayor Blom recused himself from Item 4 due to real property interest conflicts. CONTRACTS AND AGREEMENTS 5. Approval of Traffic Signal Maintenance and Repair Services Agreement with Yunex Traffic (C-8554-4) [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 Maintenance and Repair Agreement with Yunex Traffic for maintenance and repair of the City's traffic signal system for a not -to -exceed fee of $500,000 per year and a total not -to - exceed amount of $2,500,000. The initial term of the Agreement shall be for one year with the option to extend the agreement for an additional four years, and authorize the Mayor and City Clerk to execute the Agreement. 6. Award of Agreements for On -Call Water, Wastewater, and Storm Drain Repair Services 1381100-20231 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve individual Maintenance/Repair Services Agreements with 1) T.E. Roberts, Inc. (C-9314-1), and 2) GCI Construction, Inc. (C-9315-1), for on -call water, wastewater, and storm drain services, for a five-year contract term with up to a total compensation amount of $1,500,000, for each company, and authorize the Mayor and City Clerk to execute the Agreements; and c) Approve individual Maintenance/Repair Services Agreements with 3) Mike Pncch & Sons, Inc. (C-9316-1); 4) Ferreira Coastal Construction Co. (C-9317-1), 5) Paulus Engineering, Inc.; (C-9318-1) 6) W.A. Rasic Construction, Company, Inc. (C-9319-1); 7) Mladen Buntich Volume 65 - Page 555 City of Newport Beach City Council Meeting May 23, 2023 Construction Company, Inc.; (C-9320-1) and 8) J. De Sigio Construction, Inc. (C-9321-1) for on -call water, wastewater, and storm drain services, for a five-year contract term with up to a total compensation amount of $500,000 for each company, and authorize the Mayor and City Clerk to execute the Agreements. Amendment No. Three to Temporary Employment Agreement with Rosalinh Ung (C-8647- 1) [381100-2023] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Authorize the Mayor and Community Development Director to execute Amendment No. Three to the Post Retirement Temporary Employment Agreement with retired employee Rosalinh Ung. 8. Purchase of Six AutoPulse© Automatic Chest Compression Devices [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 a physical change to the environment, directly or indirectly; b) Approve Budget Amendment No. 23-072 appropriating $67,491.56 in increased expenditures in Account No. 75604-911024 (Fire Equipment) from the Fire Department's unappropriated Internal Service Fund (ISF) equipment fund balance; and c) Approve the sole source selection and purchase of six (6) Zoll Medical Corporation manufactured AutoPulse© mCPR devices and associated components and warranties for a total cost of $142,957.85, and authorize the City's Finance Department to issue the Purchase Order. MISCELLANEOUS 9. Planning Commission Agenda for the May 18, 2023 Meeting [100-20231 Receive and file. 10. Appointment to the Aviation Committee to Fill an Unscheduled Vacancy [241100-2024 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 Stapleton's appointment of Drew Teicheira as the District 1 Member to the Aviation Committee, for a term ending June 30, 2025. 11. Conversion of Boardwalk Ambassador Program to Boardwalk and Quality of Life Enforcement 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 this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and file. 12. Fiscal Year 2022-23 Third Quarter Financial Report [I00-20231 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Budget Amendment No. 23-067, adjusting revenue estimates and expenditure appropriations for the Fiscal Year 2022-23 budget as outlined in the report; and c) Receive and file the report of budget amendments for the third quarter. 13. Set Public Hearing Date to Adopt Fiscal Year 2023-2024 Budget [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 a physical change to the environment, directly or indirectly; and Volume 65 - Page 556 City of Newport Beach City Council Meeting May 23, 2023 b) Schedule a public hearing of the City's Proposed Budget for Fiscal Year 2023-2024 for June 13, 2023, and direct the City Clerk to publish a notice of said hearing in accordance with Section 1102 of the Newport Beach Charter. Motion by Mayor Pro Tern O'Neill seconded by Council Member Stapleton, to approve the Consent Calendar; and noting the recusal by Mayor Blom to Item 4 and the amendments to Items 1 and 7. The motion carried unanimously. XVII. ITEMS REMOVED FROM THE CONSENT CALENDAR — None XVIII. PUBLIC COMMENTS ON NON -AGENDA ITEMS — None XIX. PUBLIC HEARINGS 14. 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 [100-20231 The public hearing was continued to the June 13, 2023 City Council meeting. XX. CURRENT BUSINESS 15. Ordinance No. 2023-8 and Resolution No. 2023-32: Recommendations Resulting from Harbor Commission Objective 2.3 to Improve Navigation Safety, Allow for Additional Moorings Within the Fields and Mooring Size Exchange Requests [100-20231 Harbor Commission Vice Chair Beer and Harbormaster Blank introduced Greg Boeh, General Manager of the San Diego Mooring Company, and Thomas Fischetti, Noble Consultants, Inc. Vice President of Operations, clarified that the recommendation is to approve a pilot program in Mooring Field C, and if approved, the moorings will be repositioned in rows with similar size vessels without moving anyone outside their current mooring field and with every effort to find a like -for -like position in the event movement occurs. It was noted that the proposed changes to Newport Beach Municipal Code (NBMC) Title 17 do not affect transferability to existing mooring permits and a presentation was utilized to review the mooring field open water initiative, Harbor Commission Objective 2.3, current spacing challenges between boats and fairway widths, a solution for improved navigation, safety, and creating new open water space, aerial photos of single row and double row mooring field configurations, the proposed layout for Newport Harbor moorings, a new environmental design using conservation moorings, eel grass concentration, proposed Mooring Fields B and C before and after images and single row mooring configuration for Mooring Fields J and H, proposed changes to NBMC Title 17, and public outreach. They thanked the public for their input, reviewed the mooring field reconfiguration summary and open water fiscal impact estimates, noted Harbor Commission's unanimous vote in favor of the recommendation, and requested Council approval. Duffy Duffield noted that this matter has been discussed for a long time. He expressed pride, optimism, and enthusiasm for the City working to create a fair and level playing field, acknowledged the time invested by Harbor Commission Vice Chair Beer, and recognized that the test period provides an opportunity for trial and error. Dan and Barbara Abbott supported the reconfiguration of Mooring Field C to address safety and aesthetics. Dennis Durgan, Newport Harbor Foundation Chairman, supported the Harbor Commission's recommendations. Hein Austin utilized slides and provided a handout to review safety differences with currents and wind between Americas Cup Harbor and Newport Harbor, and displayed photos of the San Diego Volume 65 - Page 557 City of Newport Beach City Council Meeting May 23, 2023 and Corona del Mar open mooring fields to support that mooring boaters need room to navigate safely. Dick Andrews opposed the proposal, noted the weight of his boat, and expressed safety concerns for stopping his boat within 30 feet of the next boat. Jim Palmer supported the pilot program, but opposed the changes to NBMC Title 17 relative to transferability. Michael Lawler questioned when a new mooring permittee becomes nontransferable and the definition of who the permit can be transferred to, and suggested the terms of the mooring permit transferability be addressed. Chris Bliss was unaware of safety issues in Mooring Field C and expressed concerns about the strong currents, the ability to get on and off the moorings with a double mooring design, and navigational challenges. He noted he has not seen a double row mooring in his 50 years of sailing and expressed opposition to the proposal. Captain James Haley indicated he submitted a letter, addressed safety and boat handling issues relative to wind and currents, and expressed the opinion that Americas Cup Harbor and Newport Harbor are not comparable and the new configuration would not offer increased safety. John Fradkin, Newport Mooring Association (NMA) Board Member, expressed the opinion that the proposed plan compromises boating safety, referenced Captain Haley's letter, noted efforts by the NMA to educate the Harbor Commission on the nuances of getting on and off the moorings in Newport Harbor, relayed the response from the Harbor Commission, and reviewed the U.S. Coast Guard's designation for mooring fields as special anchorages. Norman MacLeod opposed the proposed mooring configuration and revisions to NBMC Title 17, and suggested parceling out the items for more discussion instead of bundling the proposal in one approval. Jennifer Krestan expressed concern for safety if all the boats are unable to face the same direction. George Hylkema, NMA Board Member, noted a letter he sent expressing concerns for the double mooring plan, emphasized that safety is his biggest concern with the proposed plan, expressed the opinion that nothing is wrong with the current configuration that has been used for 100 years, and suggested a review of the project goals and having a competent coastal engineering design review. Charles Leahy suggested relocating the mooring weights and cans to create a more even configuration, explained the issues with boats going through the mooring rows and placing boats in close proximity, and noted differences between the Newport Harbor and Americas Cup Harbor. Drew Colome noted challenges with the proposed plan and expressed his concerns for safety. Scott Karlin, NMA Board Member, expressed the opinion that the changes to NBMC Title 17 do not need to be included in this approval in order to begin the pilot program and noted concerns regarding the transferability language, the description by the Harbor Commission for navigational concerns and criteria for moving boats on and off, and missing row length procedures. He requested more time to work with the City to improve the document. Jerry LaPointe, NMA Board Member, expressed the opinion that all of the frontline stakeholders would oppose the proposal due to the safety concerns, noted NMA's support for a better mooring field and more effective plan, and indicated that NMA's NBMC Title 17 suggestions were not included in the document. He asked Council to consider a safety review and questioned the reason for not collaborating with the NMA from the beginning, the total project cost, and success determinants. Volume 65 - Page 558 City of Newport Beach City Council Meeting May 23, 2023 Glen Otis discussed court rulings regarding moorings size and locations, and suggested that the City buy their own moorings to rent out. Kenny Hatch questioned the sensibility of the plan, expressed the opinion that Americas Cup Harbor is more like a marina and not like Newport Harbor, believed the plan has not been examined properly, and asked Council to take more time. Bill Powers stated safety is the main issue, noted the differences in Newport Harbor and Americas Cup Harbor, questioned the sensibility of the proposed plan, suggested the use of sand lines to realign the moorings, and expressed the opinion that the proposed plan is not a fit for Newport Harbor. Steve Scully, Harbor Commission Chair, recommended that Council approve the resolution, noted the pilot program opens the Harbor's waterways, improves safety for human powered sailing and electric powered boats, and realigns haphazard mooring rows, views, and space for future moorings. He noted the plan is consistent with current and future Harbor development, is a one-time exchange of mooring locations within the same field, is supported by many, addresses safety, provides for more space, angles, and options to deal with wind tides and conditions, and preserves and improves the Harbor. Douglas Carstens, attorney on behalf of NMA, objected to the approval of the mooring pilot program and associated NBMC changes without conducting an environmental review and obtaining a Coastal Development Permit (CDP), noted two letters that were submitted, suggested not changing the NBMC until the CDP is submitted or approved, and expressed the opinion that the project is not exempt from the California Environmental Quality Act (CEQA). Tony Fedoryk expressed safety concerns for the boats being turned around. Dave Lambert discussed weather challenges when returning to the Harbor, noted damage to his boat hull from boats moving through the moorings, and opposed opening the fairways in the anchorage areas. Jim Mosher questioned if the NBMC changes apply to the two yacht clubs discussed in the code exceptions and the process for mooring permit transferability. Mayor Pro Tem O'Neill thanked the community for participating in the discussion. In response to his questions, Harbormaster Blank indicated that the language regarding transferability in the ordinance pertains to all existing mooring permits and will remain transferrable until revoked or rescinded; however, new mooring permits will not be transferable and remain in the City's name for leasing out with no rights to the lessee upon completion. He also clarified that Mr. Colome has a mooring in perpetuity and is transferrable in perpetuity, and the two mooring fields designated for the Newport Harbor Yacht Club and Balboa Yacht Club are not affected by the pilot program or any extension of it in the future. He stated that the population of existing moorings and their lengths have been assessed in several surveys and provided to the engineers who will guide the City on the best arrangement. He pointed out that Mooring Field C is not a 360-degree field, indicated that mooring permittees do not want clear fairways because they do not want more transient traffic through the mooring fields, there is no required vessel orientation language included in the plan, permittees should retrieve their mooring in the way that is most suitable and safe, and the pilot program is for the entire field. City Attorney Harp relayed confidence in the CEQA review and will look at the exceptions. Harbormaster Blank indicated that the established length of mooring rows will be based on a recommendation by the engineer, vessel lengths are included on each permit, and vessel lengths will be used to create the rows. City Attorney Harp stated that the process would rely on the Harbormaster to relocate the moorings into the rows based on length or it could be delegated to the Volume 65 - Page 559 City of Newport Beach City Council Meeting May 23, 2023 Harbor Commission for a formal resolution. Harbormaster Blank clarified that a mooring could be in a row that is bigger than what the permit allows but not smaller. Council Member Stapleton thanked the Harbor Commission and mooring permit holders, noted he served on the Harbor Commission for four years, relayed his pride in the Harbor Department, encouraged continued public input, and announced his support of the pilot program due to improved navigation, optimization of the mooring fields, increased City moorings and general public access, wider fairways, increased spacing between moorings in the same row, and improved shoreline views. Council Member Avery discussed his boating experiences, acknowledged obstacles related to weather and boat operator behavior, thought the plan could work and offered suggestions, noted animosity between the NMA, mooring permit holders, and the Harbor Commission, indicated the need to give the pilot program a try, expressed hope that participants will be objective, mentioned the benefits of wider channels, and recognized the goal of providing good, affordable, and safe locations to tie up vessels. Council Member Grant noted the consistent goal by all stakeholders but lack of consensus about how to accomplish the goal, and pointed out that there will be opportunities to study and amend the plan during the pilot program. In response to her questions, City Attorney Harp stated that the NBMC needs to be amended in order to implement the pilot program but can be changed back if the pilot program does not work. Harbormaster Blank added that the pilot program has the opportunity to create up to seven City -owned mooring permits that can be eliminated if the pilot program is not successful. Council Member Kleiman commended the Harbor Commission and supported the recommendation. Council Member Avery relayed conversations with stakeholders, noted the difficulties with change, discussed benefits to the plan, requested that people give it a fair chance, expressed his appreciation for everyone's time, and reminded the public of the common goal. Mayor Blom emphasized that the Harbor is the jewel of the City, reminded everyone of the City's regulatory role with all tidelands, expressed his support for adding moorings so more people can enjoy the Harbor, and acknowledged the time, work, and energy invested in making the Harbor better for all to enjoy. Motion by Mayor Blom, seconded by Council Member Stapleton, to 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; b) adopt Resolution No. 2023-32, A Resolution of the City Council of the City of Newport Beach, California, Approving the Harbor Commission's Recommendations and Approving a Pilot Project to Reconfigure Mooring Field "C" in Newport Harbor, to Improve Navigation Safety and to Optimize Space within the Mooring Field; c) approve Budget Amendment No. 23-073 appropriating $410,000 to Account No. 10045451-811008, as follows: 1) $75,000 for consulting services and permitting with the California Coastal Commission and other agencies, 2) $275,000 for engineering and construction related to the realignment of the moorings in the subject pilot project, and 3) $60,000 for post -pilot project consulting services for environmental review and permitting necessary to expand the reconfiguration recommendations to the City's remaining mooring fields; and d) waive full reading, direct the City Clerk to read by title only, introduce 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, and pass to second reading on June 13, 2023. The motion carried unanimously. Volume 65 - Page 560 City of Newport Beach City Council Meeting May 23, 2023 16. Ordinance No. 2023-9: A Code Amendment Related to Reinvestment and Improvements of Short -Term Lodging Units (PA2023-100) [100-20231 The matter was continued to a future City Council meeting. XXI. MOTION FOR RECONSIDERATION - None NMI. ADJOURNMENT - 8:09 p.m. The agenda was posted on the City's website and on the 'City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on May 18, 2023, at 4:00 p.m. Leilani I. n City( - Volume 65 - Page 561