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HomeMy WebLinkAbout06/13/2023 - Study Session / Regular MeetingCITY OF NEWPORT BEACH 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 Ben Kwong who expressed his appreciation to the community of Newport Beach. Mayor Pro Tem O'Neill congratulated him on his achievement. Council Member Avery commended him for his achievement. SS3. Recognition of Newport -Mesa Unified School District 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. 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, 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. Volume 65 - Page 562 City of Newport Beach City Council Meeting June 13, 2023 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. 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 redevelopment, retaining the tenant, and opportunities for revenue potential. Council Member Weigand supported option three. Council Member Avery expressed support for option three, discussed challenges, safety factors, the evolution of garage 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 expressed support 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. Volume 65 - Page 563 City of Newport Beach City Council Meeting June 13, 2023 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 restricting access to books and the potential financial implications. Council Member Weigand noted differences between book access at the various library branches and anticipated a future conversation on this matter. Council Member Stapleton announced a conflict with Item B due to campaign contributions. Council Member Weigand announced a conflict with Item A due to shareholder interests. City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items listed on the Closed Session 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. IV. CLOSED SESSION — After 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. 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. Volume 65 - Page 564 City of Newport Beach City Council Meeting June 13, 2023 C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9 (d)(4)): 1 matter D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957(b)(1)): 3 matters Title: Grace Leung, City Manager Title: Aaron Harp, City Attorney Title: Leilani Brown, City Clerk E. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Noah Blom, Mayor, and Will O'Neill, Mayor Pro Tem. Unrepresented Employees: Grace Leung, City Manager, Aaron Harp, City Attorney, and Leilani Brown, City Clerk. V. RECESSED - 5:15 p.m. VI. RECONVENED AT 6:37 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand VIII. CLOSED SESSION REPORT City Attorney Harp reported that 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., Dynax 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 M. NOTICE TO THE PUBLIC MI. 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 Caf6, Exchange Club Field of Honor dedication ceremony, airport meetings with Congresswoman Katie Porter and American Airlines, and the Newport Mesa Classic Soccer Tournament Volume 65 - Page 565 City of Newport Beach City Council Meeting June 13, 2023 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 601h 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 Cafe, 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 volunteers 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 research 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. 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. Volume 65 - Page 566 City of Newport Beach City Council Meeting June 13, 2023 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 [I00-2023] Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. Ordinance No. 2023-8: Recommendations Resulting from Harbor Commission Objective 2.3 to Improve Navigation Safety, Allow for Additional Moorings Within the Fields and Mooring Size Exchange Requests [I00-2023] 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 environment; and b) Conduct a second reading and adopt Ordinance No. 2023-8, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 17.25.020 (Anchorage, Berthing and Mooring Regulations) and 17.60.040 (Mooring Permits) of the Newport Beach Municipal Code. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2023-33: Specifying Uses for FY2023-24 RMRA Funding from the Road Repair and Accountability Act of 2017 [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) Adopt Resolution No. 2023-33, A Resolution of the City Council of the City of Newport Beach, California, Adopting a List of Projects for Fiscal Year 2023-24 Funded by SB 1, The Road Repair and Accountability Act of 2017. 5. Resolution No. 2023-34: Adoption of Fiscal Year 2023-24 Appropriations Limit [I00-2023] 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) 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 XUI 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 [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; b) Adopt the Measure M2 Seven -Year Capital Improvement Program (CIP); c) Adopt Resolution No. 2023-35, A Resolution of the City Council of the City of Newport Beach, California, Concerning the Status and Update of the Circulation Element, Mitigation Fee Program, Local Signal Synchronization Plan, and Pavement Management Plan for the Measure M2 Program, and thereby adopting the updated Local Signal Synchronization Plan; and d) Direct staff to submit all necessary material to OCTA to satisfy the FY 2023-24 Measure M2 annual eligibility requirements. Volume 65 - Page 567 City of Newport Beach City Council Meeting June 13, 2023 7. Resolution No. 2023-36: Confirmation of Nominations to the Water Quality/Coastal Tidelands Committee [24100-2024 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; b) Adopt Resolution No. 2023-36, A Resolution of the City Council of the City of Newport Beach, California, Waiving the Term Limits Established by Resolution Nos. 2012-115, 2021-11, and City Council Policy A-2, Boards, Commissions and Committees; and c) Confirm the nominations of the following applicants to fill the three available Committee seats, each with terms scheduled to expire June 30, 2027: Lawrence (Tom) Houston Craig Hudson Steve Patterson Spencer Pirdy George Robertson John Wadsworth. CONTRACTS AND AGREEMENTS S. FY 2021-22 Streetlight Improvements Project (Harbor View Hills) — Notice of Completion for Contract No. 7661-3 (22V02) [381100-2023] 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 completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 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 [381100-2023] 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) Approve Maintenance/Repair Services Agreement with Sancon Technologies, Inc., for on -call pipe lining services for a five-year contract term with up to a total contract compensation amount of $750,000, and authorize the Mayor and City Clerk to execute the Agreement; and c) Approve Maintenance/Repair Services Agreement with Southwest Pipeline and Trenchless Corp., for on -call pipe lining services, for a five-year contract term with up to a total contract compensation amount of $250,000, and authorize the Mayor and City Clerk to execute the Agreement. 11. Award of Services Agreement for Video Inspection Services Contract No. 9335-1 [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 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. Volume 65 - Page 568 City of Newport Beach City Council Meeting June 13, 2023 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 Agreement. 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-Horn & Associates, Inc., for Housing, Land Use and Circulation Elements to the General Plan Consulting Services and increase the total not -to -exceed contract amount by $395,310. 14. Amendment No. Two to a Professional Services Agreement with Sagecrest Planning and Environmental for Staff Augmentation Contract No. 7132-3 [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. 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 [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; 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'Neill Volume 65 - Page 569 City of Newport Beach City Council Meeting June 13, 2023 18. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the City Council [100-2023] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and file the report. 19. Confirmation of Annual Citizen Member Appointments to the Finance Committee [241100-20231 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) Confirm Council Member Brad Avery's reappointment of Nancy Scarbrough, Council Member Robyn Grant's reappointment of Keith Curry, Council Member Lauren Kleiman's reappointment of Allen Cashion, and Council Member Erik Weigand's reappointment of Bill Collopy to serve on the Finance Committee until June 30, 2024. 20. Item pulled by Council Member Weigand. Motion by Mayor Pro O'Neill, 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 [381100-2023] Council Members Stapleton and Grant disclosed their service on the Board of Speak Up Newport. 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 a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) pursuant to City Council Policy A-12, find that the organizations listed below provide community services or programs that serve residents and are beneficial to residents' quality of life and authorize the allocation of $37,500 of the Community Programs Grants in the following manner, as amended: Community Programs Grants Applicant Recommendation Balboa Island Museum and Historical Society $15,000 Beach Water Clean -Up Activities $2,500 Newport Bay Conservancy $6,000 Volume 65 - Page 570 City of Newport Beach City Council Meeting June 13, 2023 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 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)p pursuant to City Council Policy A-12, find that the special events listed below are community, social or athletic events that are beneficial to residents' quality of life, and authorize the allocation of $299,412 of the Special Event Grants in thefollowing manner: Community & Charitable Events Recommendation 4th of July Parade and Picnic $510 Andersen Deans Port of July $510 Annual Corona del Mar Christmas Walk $5,500 Annual Corona del Mar Scenic 5K $12,750 Annual Newport Classic Surf Contest $1,063 Balboa Beerfest $1,063 Balboa Island Carnival & Taste of Balboa $2,000 Balboa Island Parade $9,800 Balboa Island Summer Concert Series $1,063 Balboa Island Street Fair $1,063 Balboa Island Tree Lighting and Snow Day $510 Balboa Howl'oween $510 Car Show $510 CDM Home Tour $500 Christmas for a Cause $510 Christmas in Balboa $510 Corona del Mar Sandcastle Contest $510 Field of Honor $1,500 Lobsterfest at Newport Beach $2,000 Picnic at the Park $510 The California Gold $510 Walk for Patrick Turner $510 Wooden Boat Festival $500 Total $44,412 Signature Events Recommendation Hoag Classic $15,000 Newport Beach Christmas Boat Parade & Ring of Lights $50,000 Newport Beach Film Festival $140,000 Newport -Mesa Spirit Run $30,000 Newport to Ensenada International Yacht Race $10,000 Susan G. Komen More than Pink Walk Orange County $10,000 Total $255,000; and f) authorize the Recreation and Senior Services Director to sign one-year grant agreements with the Signature Event organizers. 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. Volume 65 - Page 571 City of Newport Beach City Council Meeting June 13, 2023 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 of Nominees for Scheduled Board and Commission Vacancies, and for One Unscheduled Vacancy on the City Arts Commission [241100-20231 Mayor Blom recused himself from Item 20b due to his father's involvement in the City Arts Commission. Council Member Weigand relayed Laird Hayes' contributions to the City as a member of the Parks, Beaches and Recreation Commission and requested waiving City Council Policy A-2 to include his name on the nominee list. City Attorney Harp stated that legally the council policy can be waived and the name can be added to the nominee list. 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 no appointments will be made at this meeting. Motion by Council Member Weigand, seconded by Council Member Avery, 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) confirm the nominations made by the City Council Ad Hoc Appointments Committee and, as amended: Board of Library Trustees [2 vacancies] Barbara Glabman (incumbent) Lauren Kramer Dorothy Larson Jenny Williams Building and Fire Board of Appeals [1 vacancy] Kenneth Kasdan Michael Manning (incumbent) City Arts Commission [1 scheduled vacancy and 1 unscheduled vacancy expiring June 30, 2025] John Blom Walt Howald Melissa Kandel Vanessa Moore Sara Salam Harbor Commission [1 vacancy] Kevin Kramer Jon Marlo Marie Marston (incumbent) Jordan Wachter Parks. Beaches & Recreation Commission [2 vacancies] Laird Hayes (incumbent) Craig Hudson Kate Malouf (incumbent) Andrew Nahin Anne Yelsey Planning Commission [2 vacancies] Ekta Naik Mark Rosene (incumbent) David Salene Debbie Stevens; and Volume 65 - Page 572 City of Newport Beach City Council Meeting June 13, 2023 c) confirm the nominations made by the Civil Service Board: Civil Service Board [1 vacancy] Laura Cowie Matthew Parisi Maiqual Talbot (incumbent) 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 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 'NE" 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 setback from the property front, supported boardwalk -facing stairs, more discussion on side entrances 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 Westmoreland utilized the presentation to introduce the revised code amendment text: 3-foot Front Yard Setback (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. Volume 65 - Page 573 City of Newport Beach City Council Meeting June 13, 2023 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 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 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 [100-2023] 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. 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. Volume 65 - Page 574 City of Newport Beach City Council Meeting June 13, 2023 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. 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 Tern O'Neill, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; 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] 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 related to Council Policy F-3. Hearing no further testimony, Mayor Blom closed the public hearing. Motion by Mayor Pro Tern 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; AResolution 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 (CalPERS) 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 Financial Plan, and Capital Improvement Projects. The motion carried unanimously. Volume 65 - Page 575 City of Newport Beach City Council Meeting June 13, 2023 XIX. CURRENT BUSINESS 24. City Council Homeless Ad Hoc Committee Recommendations [100-2023] 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. 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. 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 that Council 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. Volume 65 - Page 576 City of Newport Beach City Council Meeting June 13, 2023 Pete Anderson, Central Newport 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 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 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 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 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. Volume 65 - Page 577 City of Newport Beach City Council Meeting June 13, 2023 The agenda was posted on the City's website and on the City located in the entrance of the City Council Chambers a June 8, 2023, at 4:00 p.m. l Leilani I. Brown City Clerk Hall electronic bulletin board t 100 Civic Center Drive on Volume 65 - Page 578