HomeMy WebLinkAbout01 - Minutes - AmendedJune 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 presented it to Kwong who expressed his
appreciation to the community of Newport Beach.
Mayor Pro Tem O'Neill congratulated him on ' achieveme
Council Member Avery commended him for his v eni
SS3. Recognition of Newport -Mesa Unified School rict High School Students
Mayor Blom read a proclamation and presented it to Anthony Manno, Skyler Gassel, and Duda
Rodrigues of the Newport Harbor High School Wrestling Team. Coach Dominic Bulone thanked
Council for recognizing the students for their 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 recognizing the students for their accomplishments.
IF
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 a 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 lineage,
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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IV.
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. #A
Vien Nguyen expressed concern relative to libraries restricting access to books and the potential
financial implications.
Council Member Weigand noted differences between b accrt t e various library branches and
anticipated a future conversation on this matter.
I
Council Member Stapleton announced a conflicrwith Item B due to campaign contributions.
Council Member Weigand announced a coO11Item A due to shareholder interests.
O
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed on the Closed jFession agenda, read the titles, and that the City
Manager and City Attorney will be recusing themselves on the labor negotiation item due to
financial impacts. .1L
CLOSED SESSION -
Study Session - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED 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)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 406, 408, and 410 South Bay Front, Newport Beach, California 92662.
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June 13, 2023
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
21. Ordinance No. 2023-10: Code Amendment Establishing the "VE" Special Flood Hazard
Area Overlay District (PA2018-075) [I00-20231
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.
1_
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 entranORs for middle units, and the recommended 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 WestiVreland utilized the presentation to introduce the revised code amendment
text: 3-foot Front YarcT (FYSB) and minimize the interior side.
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; Community Development Director Jurjis
confirmed that 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 matter was presented to the Planning Commission in the
form of a variance, thanked staff for their work, and supported the proposed changes.
Mayor Blom opened 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
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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
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 amended 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 Resolutii 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 [I00-20231
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 rffenue measures, fees for the Community Development Department, Fire
Department, Police Department and all other departments, fiscal impact of fee subsidies, timeline
and recommendation.
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 that do not have specific direction.
Nancy Scarbrough asked whether costs are being covered in the Litigation Defense Fee. In response,
Deputy Finance Director Gomez clarified 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 for older dogs.
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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.
23. Resolution No. 2023-38: Fiscal Year 2023-24 Budget Adoption, Budget Public Hearing,
and Recommendations from the Finance Committee [100-2023]
6A A
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 p i ' n 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 110,000 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'1 Teill 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 related 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, directly 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 CalPERS UAL additional payment for FY 2023-24,
Facilities Financial Plan, and Capital Improvement Projects.
The motion carried unanimously.
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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 prolltm 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
services is not acceptable, acknowledged the need to eliminate the permanence of camping on
streets, and relayed that the Council will move forward wi he consensus from this meeting.
Council Member Stapleton thanked the residents for their c ents, 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 solutions will be found, noted the homeless
count in Orange County, and expressed the need for a societal effort to resolve homelessness.
In response to Mayor Blom's question, City Attorney Harp relayed that Council can modify the
recommendations of tW Ad Hoc Committee or staff can bring back a resolution and draft ordinance
for Council considerat on 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 additional shelter beds. Furthermore, an assessment of
the potential need and amended scope of an Ad Hoc Committee would follow.
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 9:26 p.m.
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