HomeMy WebLinkAbout01 - MinutesJune 27, 2023
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
June 13, 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 — None
SS2. Proclamation Recognizing Ben Kwong
Mayor Blom read the proclamation and presenteBen Kwong who expressed his
appreciation to the community of Newport Beach.
Mayor Pro Tem O'Neill congratulated him on is thii!evem
Council Member Avery commended him for his achievement.
SS3. Recognition of Newport -Mesa Unified 4#hool District High School Students
Mayor Blom read a proclamation and presented it �p Anthony Manno, Skyler Gassel, and Duda
Rodrigues of the Newport Harbor High School Wrestling Team. Coach Dominic Bulone thanked
Council for recognizing the studeAs for t * accomplishments.
Mayor Blom read a proclamation and presented it to Zion Bowling -Hernandez and Eugenio
Franco of the Corona del Mar High School Wrestling Team. Coach Mark Alex thanked Council
for recognizingthe students for their accomplishments.
Mayor Blom read a proclamation and presented it to the Newport Harbor High School Boys
Volleyball Team and Coach Andrew Mabry thanked Council for the recognition.
Mayor Blom read proclamation and presented it to the Corona del Mar High School
Debate/Model United Nations Team and Coach Laura Mayberry thanked Council for the
recognition.
SS4. Overview of Improvements to the Santa Ana -Delhi Flood Control Channel
Melissa Pasa utilized a presentation to provide an overview of the improvements to the Santa
Ana -Delhi Control Channel, background, existing conditions, project goals, objectives,
considerations, purpose, scope, flood control improvements, regional trail linkage, Mesa Drive
multi -use trail, preliminary design concept, Bayview Bridge concept, regional trail linkage,
preliminary project schedule, community engagement, and project updates.
In response to Council Member Weigand's question, Ms. Pasa confirmed that the equestrian
space will be removed and the public will be notified.
Jim Mosher questioned whether the six -year service life of the bridge was anticipated in 2017
when it was built.
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SS5. Overview of the City -Owned Balboa Yacht Basin Property, Located at 829 Harbor
Island Drive
Community Development Director Jurjis and Real Property Administrator Whitlinger utilized
a presentation to discuss the City -owned Balboa Yacht Basin Property buildings which are at
the end of their useful life, vicinity map, property photos, upcoming projects, redevelopment
project area, existing uses, existing conditions for an apartment, garages, siding, paving, utility
systems, facility maintenance history, 2019 Highest and Best Use Study, redevelopment project
costs, current revenues, and requested that Council provide feedback on the options presented.
In response to Council Member Stapleton's questions, Real Property Administrator Whitlinger
noted the former Harbor Department space was leased as office space when Harbor staff
relocated to City Hall, the management fee paid is not tied to the slip revenues, slip fee market
value is dependent on the site services and the rates are slightly below market rate, and parking
options are possible but not yet studied. Council Member Stapleton supported improving the
area. 14
Mayor Pro Tem O'Neill expressed support for option three, a Request for Proposal (RFP) process.
In response to Council Member Grant's questions, Real Property Administrator Whitlinger
indicated that tenants are required to have a slip with a garage and the Highest and Best Use
Study proposed to densify the number of storage units so more slip tenants can have one for
boat -related equipment.
In response to Council Member Weigand's question, Real Property Administrator Whitlinger
relayed the condition of the apartments and the square footage of the Galley Restaurant,
suggested incorporating it into the redevelopmentrretaining the tenant, and opportunities for
revenue potential. Council Memb(V Weigand supported option three.
Council Member Avery expressed support for option three, discussed challenges, safety factors,
the evolution of gauge storage space, and thought the project is exciting.
In response to Council Member Weigand's question, Community Development Director Jurjis
indicated that the City is not required to keep the apartments and believed the property is not
viable for an affordable housing project.
Mayor Blom expre ed 40pport for option three, the RFP process.
Community Development Director Jurjis clarified that the presentation addresses the buildings
only and not the slips.
Mayor Blom expressed his willingness to include the slips as an opportunity.
Mayor Pro Tem O'Neill rescinded the discussion regarding the slips in order to focus on the
buildings.
By a show of hands, the City Council unanimously supported option three, an RFP for
the project.
III. PUBLIC COMMENTS
Alex Gomez, senior at Sage Hill School and President of Blue Bin Group, proposed an educational
social media campaign to improve recycling habits in Newport Beach and asked Council for their
support. Mayor Pro Tem O'Neill provided Ms. Gomez with his business card so they can work together
on the project.
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Bonnie Morrison expressed concern for the book selection in the five -to -eleven -year -old section at the
library and asked Council to direct the library to move mature books to an age -appropriate location.
Mark Rogerson relayed that he cannot bring his children to the library any longer and expressed
concern for homeless residents at the bus stop near the St. Mark Community Preschool and offered to
help with the homeless issue.
An unidentified speaker noted that books in the library are arranged by reading level, author Judy
Blume's experience with a child using a book to communicate abuse to their parents, the influences of
books containing violence, and the educational value of books that teach about the human body.
An unidentified speaker urged Council to try a regional approach to homelessness.
Deborah Klein expressed concern for the content of library books available to young children, asked
Council to investigate the selection of the movies in the park, and expressed safety concerns regarding
the issue of homelessness.
Vien Nguyen expressed concern relative to libraries restricti s to books and the potential
financial implications.
Council Member Weigand noted differences between Itoat the various library branches and
anticipated a future conversation on this matter. _
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.
Council Member Stapleton announced --a conflict with Item B due to campaign contributions.
Council Member Weigand announce'flict wit Item A due to shareholder interests.
City Attorney Harp announced the Closed Session agenda and that the City Manager and City Attorney
will be recusing themselves onthelabor neg�iation item due to financial impacts.
IV. CLOSED SESSAWI
Study Sosion - Council Chambers Conference Room
A. CONFERENEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 5A6.9 (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)
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.
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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,4Will O'Neill, Mayor Pro Tem.
Unrepresented Employees: Grace Leung, City Manager, Aaron Harp, City Attorney, and
Leilani Brown, City Clerk.
V. RECESSED — 5:15 p.m.
VI.
VII. ROLL CALL
Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member
Robyn Grant, Council Member Laurenleiman, Council Member Joe Stapleton, Council
Member Erik Weigand
VIII. CLOSED SESSION REPORT
City Attorney Harp reported that a motion was made by Mayor Pro Tem O'Neill and seconded by Council
Member Avery to join the litigation set forth under Item IV A against 3M Company (f/k/a Minnesota
Mining and Manufacturing, Co.), AGC Chemicals Americas, Inc., Archroma U.S., Inc., Arkema, Inc.,
Buckeye Fire Equipment Company, Chemguard, Inc., Corteva, Inc., Decra Roofing Systems, Inc.,
Dupont De Nemours, Inc.,VynA Corporation, E.I. Du Pont De Nemours And Company, Kidde Fenwal,
Inc., National Foam, Inc., the Chemours Company L.L.C. F/K/A The Chemours Company; and Tyco
Fire Products LP. All members of the City Council voted in favor (6-0) of the motion except for Council
Member Weigand who was recused.
IX. INVOCATION — Dr. Muzammil H. Siddigi, Islamic Society of Orange County
X. PLEDGE OF ALLEGIANCE — Mayor Blom
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Kleiman:
• Attended the monthly Orange County Council of Governments (OCCOG) and Southern California
Association of Governments (SCAG) board meetings, Corona del Mar Scenic 5K, Newport Beach
Police Department Mobile Cafe, Exchange Club Field of Honor dedication ceremony, airport
meetings with Congresswoman Katie Porter and American Airlines, and the Newport Mesa Classic
Soccer Tournament
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Council Member Stapleton:
• Congratulated the Newport Beach Foundation and participants of the Distinguished Citizen
Program
• Attended the Exchange Club Field of Honor dedication ceremony
• Congratulated the Commodores Club for the 60th annual athletic awards dinner
• Attended the Water Quality/Coastal Tidelands Committee meeting and announced their focus on
beach sand erosion, Balboa Island parade, Newport Island summer kickoff, Balboa Island
Merchant's Association meeting, and the Wooden Boat Festival
Council Member Grant:
• Attended the Newport Beach Police Department Mobile Caf6, the Wooden Boat Festival, Newport
Island summer kickoff, and Balboa Island Parade
• Announced that the Friends of Newport Beach Animal Shelter was nominated by Assemblymember
Dixon for California Nonprofit of the Year and attended the Nonprofits Day Luncheon
• Announced programming at the Kerckhoff Marine Laboratory
• Congratulated the Wooden Boat Festival community volunteA
Council Member Weigand:
• Announced a recommendation by the Orange County Parks Commission to the County Board of
Supervisors to extend the lease agreement for Newport Sea Base to 2050 and that the Orange
County Parks Commission meets for a field trip every third meeting with the next one on July 7 at
the Upper Newport Bay Nature Preserve Muth Interpretive Center
Council Member Avery:
• Attended the Orange County Sanitation District board meeting, Balboa Island Parade, and Fire
Department badge pinning ceremony
Mayor Pro Tem O'Neill:
• Attended the Exchange Club Field of Honor dedication ceremony, and thanked the Exchange Club
of Newport Harbor for a job well done _
• Announced that the Transportation Corridor Agencies (TCA) Board budget passed and the first day
of the Newport Beach Junior Lifeguard program is on June 20
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA NON -DISCUSSION ITEM
• Consider having staff r search Planning Commission stipends in surrounding and
comparable Orange County cities to determine if Newport Beach compensates its
Planning Commissioners appropriately [Weigand]
With Mayor Blom, Mayor Pro Tem O'Neill, and Council Members Avery, Grant, Kleiman, and
Stapleton voting "no", the motion failed 1-6.
• Consider initiating the process of renaming Back Bay View Park in honor of former
Council Member Jean Watt [Weigand]
With Mayor Blom, Mayor Pro Tem O'Neill, and Council Members Avery, Grant, Kleiman, and
Stapleton voting "no", the motion failed 1-6.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 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), Scott Karlin requested that Council review the email that includes
suggested language revisions relative to transferability.
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Regarding Item 7 (Resolution No. 2023-36: Confirmation of Nominations to the Water Quality/Coastal
Tidelands Committee), Jim Mosher noted a discrepancy in the term dates for Water Quality/Coastal
Tidelands Committee members and asked for clarification.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the May 23, 2023 Special Joint Meeting of the City Council and Finance
Committee and the May 23, 2023 City Council Meeting [I00-20231
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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2023-8: Recommendations Resultyig from Harbor Commission Objective
2.3 to Improve Navigation Safety, Allow for Additional Moorings Within the Fields and
Mooring Size Exchange Requests [100-2023]
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 enviro ment; and
b) Conduct a second reading and adopt OPdinance 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 17.60.0 1 #
0 (M ring Permits) of the Newport Beach Municipal Code.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2023-33: Specifying ses for FY2023-24 RMRA Funding from the Road
Repair and Accountability Act of 2017 [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) Adopt Resolution No. 2023-33, A Resolution of the City Council of the City of Newport Beach,
California, Adoptinhe 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 [I00-2024
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) 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 XIII 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 [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) Adopt the Measure M2 Seven -Year Capital Improvement Program (CIP);
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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 [24100-2023]
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) 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 f' e 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 Pro t (Harbor View Hills) — Notice of Completion
for Contract No. 7661-3 (22V02) [381100-20231
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release -the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
9. FY 2021-2022 Playground Improvements — Notice of Completion for Contract No. 8716-1
(22P01) [381100-2023�
a) Accept the complet 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.
Council Members Stapleton and Grant recused themselves from Item 9 due to the project's
proximity to personal property.
10. Award of Agreements for On -Call Trenchless Pipe Lining Services Contract Nos. 8558-2
and 9337-1 [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) 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
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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 Contract No. 9335-1 [38/100-
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) 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
Contract No. 9236-1 [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) 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 Aeement. gr
13. Amendment No. One to the Professional Services Agreement with Kimley-Horn &
Associates, Inc. for Housing Element Implementation Contract No. 8635-1 [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 City Manager and City Clerk to execute Amendment No. One to the Professional
Services Agreement with Kimley-Hord & Associates, Inc., for Housing, Land Use and
Circulation Elements to the GeneraTPlan Consulting Services and increase the total not -to -
exceed contract amount by $395,310.
14. Amendment A. Two to a Professional Services Agreement with Sagecrest Planning and
Environmental for Staff Augmentation Contract No. 7132-3 [381100-2023]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sectiorir4-15060(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.
15. Professional Service Agreement with Granicus, LLC for Granicus Web and govAccess
Updates Contract No. 9334-1 [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 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 [I00-2023]
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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. Pulled from the Consent Calendar by Mayor Pro Tem O' eill
18. General Plan Update Steering Committee (GPUSC) -Monthly Update to the City
Council [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; and
b) Receive and file the report. As
19. Confirmation of Annual Citizen Member Appointments to the Finance Committee
[241100-2023] 414W
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 Aver�y's reappointment of Nancy Scarbrough, Council Member
Robyn Grant'a, reappointment o� Keith Curry, Council Member Lauren Kleiman's
reappointment of Allen Cashion, and Council Member Erik Weigand's reappointment of
Bill Collopy (o serve on the Finance Committee until June 30, 2024.
20. Item pulled by Council Member Weigand.
Motion by Mayor Pro Ova , seconded by Council Member Kleiman, to approve the Consent
Calendar, except for removed Item Nos. 17 and 20; and note the recusal by Council Members Stapleton
and Grant to Item No. 9 and the amendments to Item 1.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
17. Community Programs and Special Event Grants Recommendations for Fiscal Year 2023-
24 Contract Nos. 8281 and 8082 [381100-20231
Council Members Stapleton and Grant disclosed their service on the Board of Speak Up
Newport.
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;
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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;
e) Pursuant to City Council Policy A-12, find that the spe 'albevents listed below are community,
social or athletic events that are beneficial ,to resides' quality of life, and authorize the
allocation of $299,412 of the Special Event Grants in the following manner:
Community & Charitable Events Recommendation
4th of July Parade and Picnic $510
Andersen Deans Port of July $510
Annual Corona del Mar Christmas it
$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
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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.
Mayor Pro Tem O'Neill suggested withdrawing support from Orange County Coastkeeper and
holding the $3,500 grant for a separate application by a similar organization such as Surfrider
Foundation.
Council Member Weigand supported the recommendation by Mayor Pro Tem O'Neill and suggested
increasing the Newport Bay Conservancy grant to $6,000.
Bernie Svalstad thanked the City for supporting the Newport Beach Historical Society and
requested the grant be increased to $5,000.
Gregg Schwenk, Executive Director of The Newport Film Festival, thanked the City for support and
requested continued support.
Motion by Mayor Pro Tem O'Neill seconded by Council Member Weigand. to approve Item
No. 17 as recommended with the modification that the $3 marked for Orange County
Coastkeeper be pulled back, $1,000 be allocated to the New3Wt Bay Conservancy, and the
remaining $2,500 be held aside for similar beach water clean-up activities.
In response to City Manager Leung's question, Mayor Pro Tem O'Neill clarified that the application
of the $2,500 would apply to this upcoming year and bestowed the authority to award the funds to
the City Manager. -
In response to Council Member Grant's questions, Management Analyst Franceschini explained the
reasoning for the Newport Beach Historical Society allocation and the details of their grant request.
The motion carried unanimously.
20. Confirmation f Nominees for S heduled Board and Commission Vacancies, and for One
Unscheduled Vacancy on the City Arts Commission [241100-20231
Mayor Blom recuse&, timself from Item 20b due to his father's involvement in the City
Arts Commission. I%-
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
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City of Newport Beach
City Council Meeting
June 13, 2023
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
Civil Service Board [1 vacancy]
Laura Cowie
Matthew Parisi
Maiqual Talbot (incumbent)
Council Member Weigand relayed Laird Hayes' contributions to the City as a member of the Parks,
Beaches and Recreation Commission and requested waivi4 Council Policy A-2 to include his name
on the nominee list.
City Attorney Harp stated thatthe it policy can be waived and the name can be added
to the nominee list. It
Henny Abraham requested that the Board of Library Trustees candidates be vetted for their book
selection approach and that Council be vigilant regarding who they appoint. City Attorney Harp
clarified that nolappointments will be made at this meeting.
Motion by Council Member Weia-and. seconded by Council Member Averv, to add Laird
Hayes to the Parks, Beaches and Recreation Commission nominee list and approve the balance of
the recommendations by staff.
With Mayor Blom recusing himself, the motion carried 6-0.
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Haley Jenkins expressed concern regarding library books in the children's section at the Mariners
branch library and asked Council to carefully consider appointments to the Board of Library Trustees.
Julie Hayden expressed concern regarding homelessness and questioned the success measurement
strategy for Hope buses.
Jamie Amarasuriya expressed concern regarding library books and asked Council to give the matter
some thought.
XVIII. PUBLIC HEARINGS
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City of Newport Beach
City Council Meeting
June 13, 2023
21. Ordinance No. 2023-10: Code Amendment Establishing the "VE" Special Flood Hazard
Area Overlay District (PA2018-075) [100-20231
Community Development Director Jurjis and Senior Planner Westmoreland utilized a presentation
to review an ordinance change for homes in the peninsula flood zone that are subject to Federal
Emergency Management Agency (FEMA) flood requirements that would allow the expanded use of
side yard setback areas. The presentation provided an overview of the code amendment, FEMA flood
map, the location of the "VE" Zone, West Ocean Front properties affected by the change, why the
"VE" Zone is unique, what this means for new construction, new construction challenges, site access
challenges, proposed amendments, a site plan and 3-D view for full encroachment locations, an
elevation image from the side of the property, a section view, community outreach, and comparisons:
beach front, beach at corner, street side image.
Council Member Stapleton commended staff for their work on this matter, expressed interest in
uniformity with new construction on the board walk, discussed subterranean garage and storage
designs, proposed a two -foot set back from the property front supported boardwalk -facing stairs,
more discussion on side entrances for middle units, and the 4mmended heights.
Community Development Director Jurjis noted that amendment language was prepared by Senior
Planner Westmoreland.
Council Member Weigand concurred with Council Member Stapleton's suggestions.
Senior Planner Westmoreland utilized the presentation to introduce the revised code amendment
text: 3-foot Front Yard Setback (FYSB) and minimize the interior side.
1
In response to Council Member Avery's question, Senior Planner Westmoreland stated that the
house shown in the presentation was built in 2009 or 2010; new homes will be built with caissons
that are 30-50 feet deep, and the foundation cost is about $1,000,000.
Council Member Kleiman noted that this myLtter was presented to the Planning Commission in the
form of a variance, thanked staff for their work, and supported the proposed changes.
Mayor Blom oVed the public hearing.
Janet Brown appreciated the attention given to this issue and emphasized preserving a uniform
front setback line on the boardwalk.
Jim Mosher supported the proposed revisions, noted the FEMA transition locations, thanked staff
for incorporating his suggested changes, stated that Section 20.30.130 should read Section 21.30.130
in Title 21 Traffic Safety Visibility Area, recommended changing the parenthetical language on page
21-29 Item 3A to "within the traffic visibility triangle formed by measuring five feet from the
intersection", noted a discrepancy with corner measurements in the traffic safety visibility section
of the municipal code, and thought the Public Works Standard 110-L no longer exists and new
standards should be made clear.
Hearing no further testimony, Mayor Blom closed the public hearing.
In response to Council Member Stapleton's question, Senior Planner Westmoreland indicated that
staff included reference to the code for enforcement purposes, and worked closely with Public Works
to determine the five-foot triangle.
Motion by Council Member Stapleton, seconded by Council Member Kleiman, to a) 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
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City of Newport Beach
City Council Meeting
June 13, 2023
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, b) waive full reading, direct the City Clerk to read by title only, and introduce amended
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 c) 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).
The motion carried unanimously.
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 [100-20231
Finance Director Al -Imam and Deputy Finance Director Gomez utilized a presentation to discuss
the annual Fee Study Update, types of fees and fines, degree of general versus private benefit, City
Council Policy F-4 revenue measures, fees for the Community Development Department, Fire
Department, Police Department and all other departments, fiscal impact of fee subsidies, timeline
and recommendation. 411A 'TM
Mayor Blom opened the public hearing.
Jim Mosher suggested rewording the appeal of coastal development permits on page 22-74 in the
cost recovery table, stated that the 50% in Title 17 represents a studied amount, and asked what
the intent is for the appeals ghat do not have specific direction.
Nancy Scarbrough asked ether costs a�eing covered in the Litigation Defense Fee. In response,
Deputy Finance Director Gomez claried that the Litigation Defense Fee is set up to recoup the full
cost of attorney expenses if there is litigation related to a development project.
Council Member Weigand announced a fee increase of $2 per month for the fire medics program and
discussed the public benefits, supported removing the fee for a successful appellant, and supported
a reduced adoption fee fW older dogs.
City Attorney Harp confirmed that in the coastal development permit appeal the word "to" should
be changed to "or" in the cost recovery table, as per Mr. Mosher's comments.
Hearing no further testimony, Mayor Blom closed the public hearing.
Motion by Council Member Weigand, seconded by Mayor Pro Tem O'Neill, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; b) 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; c) 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 d) waive full reading, direct the City Clerk to read by title only, and introduce
amended 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.
The motion carried unanimously.
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23. Resolution No. 2023-38: Fiscal Year 2023-24 Budget Adoption, Budget Public Hearing,
and Recommendations from the Finance Committee [I00-20231
Finance Director Al -Imam and Budget Manager Burguan utilized a presentation to provide a budget
development timeline, key budget messages revisited, Finance Committee recommendation,
General Fund sources and uses, approval of position classifications and salary ranges, and
recommendations.
Mayor Blom opened the public hearing.
Jim Mosher suggested revised language to the City Manager's authority in Council Policy F-3 on
page 23-13 to read "$10,000 in any budget line item or activity or capital project," noted no public
or Council revisions included in the budget adoption, and questioned the budget version used by
the auditors.
Mayor Pro Tem O'Neill commended Finance Director Al -Imam, the Finance Department, City
Manager, Finance Committee members, and members of Council, reviewed the budget focus areas,
and concurred with Mr. Mosher's correction to Council Policy F-3.
Hearing no further testimony, Mayor Blom closed the public hearing.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Stapleton, 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, directl%or indirectly; b) consider the Finance
Committee's budget recommendations; c) adopt amended 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; d) 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 (Ca1PERS) and in accordance with 2 CCR § 570.5 (a)(1); and e) approve Budget
Amendment No. 24-001, appropriating structural surplus revenue to one-time expenditure
appropriations. Funds will be allocated to the Ca1PERS UAL additional payment for FY 2023-24,
Facilities Financia lan, and Capital Improvement Projects.
The motion ca ried unanimously.
XIX. CURRENT BUSINESS
24. City Council HomelHoc Committee Recommendations [I00-2023]
Council Member Kleiman noted the challenges and goals of managing homelessness and recognized
the efforts to date by Council Member O'Neill and staff on this matter, six months of research, the
City's financial investments and resources to work with the unhoused, doing things differently with
more focus and accountability, and the need for a clear policy. She indicated that the proposed
directives from the Ad Hoc Committee can serve as guidelines for drafting a policy and recommended
a focus on outcomes, "street exits," connecting people to services, consistently and evenly enforcing
laws, collecting and reporting data across all departments and partners, reallocating grant funds
from outside organizations to City -controlled initiatives, revising current contracts to have clear
deliverables that are consistent with the policy, pursuing additional dedicated shelter beds,
engaging a consultant to provide community education on The Good Giving Campaign, and
initiating a code amendment to clarify the existing outdated anticamping law. In closing, she asked
for Council's support.
Mayor Blom reminded the public that all emails sent to the City Council are read and of the Council's
shared concerns regarding this matter.
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Josh Zeyak, area business owner, expressed safety concern regarding homelessness, shared a recent
incident at Bandera Restaurant, suggested better communication from the City, inquired about the
fiscal impact to fire and police resources, and announced the formation of a grass roots campaign.
Andy Temler expressed community safety concerns, relayed an encounter with a homeless man
using drugs on his property, and explained the incident at Bandera Restaurant.
Claudia O'Connor expressed concern regarding homelessness, questioned the determination process
for housing or rehabilitating homeless individuals, suggested a process to address the matter, and
asked for more signs to discourage pan handling.
Jasmin Mortazavi shared her experiences with homeless individuals in front of her business and
supported creative thinking to address the matter.
Ruth Sanchez Kobayashi supported the recommendations of the City Council Homeless Ad Hoc
Committee.
Casey Walters expressed safety concerns for the proximity of the homeless encampment at the
Newport Transit Center to St. Mark Community Preschool parking lot and asked the City to relocate
the encampment. ej
Justin Wheeler acknowledged the challenge of managing homelessness, expressed concern relative
to the homeless encampment near St. Mark Community Preschool, and asked for immediate action.
Domini Giachetti asked Council to protect the children at St. Mark Community Preschool, to help
the homeless, and relayed encounters with homeless individuals on the school property.
Lacy Robertson expressed safety concerns regarding the homeless living near St. Mark Community
Preschool and asked that steps be taken to remove them.
Courtney DeBeikes discussed safety concerns regarding the homeless living near St. Mark
Community Preschool and requested th-76ouncil act on the matter.
Maggie Brewer, St. Mark Community Preschool Director, relayed items found on the school property
from homeless individuals and expressed concern for potential findings in the future.
Pete Anderson, Central Newp,ort Beach Community Association (CNBCA), supported expanding the
Costa Mesa -Newport Beach Shelter, requested that a CNBCA member join the Ad Hoc Committee,
was impressed by the shelter during a tour, and commended Homeless Liaison Basmaciyan for her
compassion and work.
Peggy Rose expressed the opinion that homelessness be classified as a crime in order to address
mental health issues.
John Schwarz questioned why the City has not resolved the homelessness issue and asked Council
to take action.
Mayor Blom relayed the challenges of managing homelessness, expressed empathy regarding the
residents' frustrations and concerns, recognized the efforts of the police, expressed an openness to
solutions, and thanked the residents for their comments.
Council Member Grant thanked residents for their comments, stated that outcomes are critical in
order to relieve the burden to the community, lodging and maintaining personal property on the
streets is not acceptable, noted the matter is a City-wide problem and requires a comprehensive
solution, emphasized that the recommendation is to institute the first and best steps to produce
positive outcomes, expressed the opinion that homeless individuals refusing supportive housing
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services is not acceptable, acknowledged the need to eliminate the permanence of camping on
streets, and relayed that the Council will move forward with the consensus from this meeting.
Council Member Stapleton thanked the residents for their comments, noted that first responders
are not social workers, relayed challenges with RVs and tents in the City, supported the Ad Hoc
Committee, and noted the Balboa Peninsula is family friendly.
Mayor Pro Tem O'Neill relayed ongoing efforts to reduce homelessness, appreciated the Ad Hoc
Committee's efforts, expressed interest in being involved to create a resolution, supported
developing an ordinance and using templates from other cities, empathized with St. Mark
Community Preschool and asked for Pastor Davis's direction on school safety, looked forward to
Costa Mesa approving the agreement for five additional beds, and supported an overarching
resolution and ordinance based on past discussions.
Council Member Avery discussed the fears and frustrations related to homelessness and challenges
to alleviate the issue quickly, expressed optimism that soluti}ooas� will be found, noted the homeless
count in Orange County, and expressed the need for a societ'�!i'�1'fort to resolve homelessness.
In response to Mayor Blom's question, City Attorney Harp relayed that Council can modify the
recommendations of the Ad Hoc Committee or staff can bring back a resolution and draft ordinance
for Council consideration for a faster option.
City Attorney Harp, City Manager Leung, and Council discussed next steps for the Ad Hoc
Committee and options to speedily develop a resolution and ordinance.
Direction was provided to staff to work with Mayor Pro Tem O'Neill and Council Member Kleiman
to prepare a draft resolution and ordinance to bring back to Council and prioritize the contract with
the Costa Mesa -Newport Beach Shelter for pdditional shelter beds. Furthermore, an assessment of
the potential need and amended scope of a Ad Hoc Committee would follow.
The motion carried unanimously
XX. MOTION FOR RECONSIDERATION— None
XXI. ADJOURNMENT— 9:26 p. .
The agenda was poste City's website and on the City Hall electronic bulletin board
located in the entrant f the City Council Chambers at 100 Civic Center Drive on
June 8, 2023, at 4:00 p.m.
Leilani I. Brown
City Clerk
Noah Blom
Mayor
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