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Home My WebLink About01 - Minutes - AmendedCity of Newport Beach City Council Meeting July 25, 2023 MISCELLANEOUS August 22, 2023 Agenda Item No. 1 6. FY 2022-23 Annual District Discretionary Grant Report and the Grants and Donations Report for the Quarter Ending June 30, 2023 [100-20231 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and file. 7. Acceptance of Department of Homeland Security Operation Stonegarden Grant Funds [I00-20231 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Accept the Department of Homeland Security Operation Stonegarden Grant in the amount of $62,000; and e c) Approve Budget Amendment No. 24-010 to increase expenditure appropriations by $52,000 in the Detective Division Overtime account, 01035355-713002-G2420; and $10,000 in the Detective Division Special Department Expense account, 01035355-841046-GV420. 8. Tourism Business Improvement District Anneal Report and Fiscal Year 2023-24 Budget [100-20231 f4 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) Authorize a waiver of the timeline provided in Section 3.5 of the Tourism Business Improvement District Management Agreement; c) Review and approve the Newport Beach Tourism Business Improvement District's FY 2023-24 Annual Report; and d) Review and approve the Newp�t Beacl4Tourism Business Improvement District's FY 2023-24 � Budget. 9. Pulled from the Consent Calendar Motion by Mayor Pro Tem O'Neill, seconded by Council Member Kleiman, to approve the Consent Calendar, except the item removed (Item 9); and noting the recusal by Mayor Blom to Item 3. The motion carried unwpimously. XV. ITEM REMOVED FROM THE CONSENT CALENDAR 9. Visit Newport Beach, Inc. FY 2024 Destination Business Plan Supplement and Budget, and FY 2023 Performance Standards Report [100-20231 Mayor Pro Tem O'Neill stated that he called Gary Sherwin and Debbie Snavely of Visit Newport Beach, Inc., who shared budget information on community relations (page 9-9), event marketing (page 9-32), and an umbrella organization for the culinary community that he thought Council should be involved in because it sounded like a restaurant bi4BID (business Improvement District). He was informed that it was for the purpose of catering for specific clients and special events. Additionally, they discussed compensation and noted their non-profit status, the need for transparency due to funding support using taxpayer money, a growing $7 million budget, trouble finding organizational salary information online, and his request for salary details. He noted that 2021 tax returns for Visit Newport Beach, Inc. are available through ProPublica and include salaries and benefits for officers, directors, and trustees, which should have been included in the budget details provided to the City. He relayed the compensation for the President and CEO and suggested Volume 65 - Page 600 City of Newport Beach City Council Meeting July 25, 2023 a discussion about salaries and benefits during the next contract negotiation, and requested that a supplemental budget with salary and benefit information come back to the City Council at a future meeting. Mayor Blom thanked Mayor Pro Tem O'Neill for pulling the item for discussion. Motion by Mayor Pro Tem O'Neill, 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) review, receive and file the FY 2024 Newport Beach & Company Destination Business Plan Supplement; c) receive and file the Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2023 Performance Standards Report; and d) review and approve the Visit Newport Beach, Inc. Leisure Marketing (TOT) FY 2024 Budget. The motion carried unanimously. XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Ryan Farsai spoke about the homeless situation in Newport Beach and asked Council for a plan to resolve the issue. XVII. PUBLIC HEARINGS 10. Resolution No. 2023-42: Appeal of a Limited Term Permit for the Aeronutronic Ford Soil Vapor Remediation (PA2022-0180) [100-20231 The following ex parte communications were announced: • Council Member Kleiman announced she spoke with the Ford consultant • Council Member Stapleton announced he spoke with Kenn Connor of WSP Earth and Environment • Council Member Grant qpnounced she attended a Zoom conference call with the Ford consultant • Council Member Weigand announced he received an email but took no action; however, he met with Ford and their consultant on a Water Quality Board issue long before this item arose • Mayor Pro Tem O'Neill announced he met with Mike Barnes and Kenn Connor from WSP Earth and Environment Deputy Communityvelopment Director Campbell and Assistant Planner Tran discussed the shared interest in addressing the Volatile Organic Compounds (VOC) and the project location being the reason for the appeal. They utilized a presentation to review a map of the former Ford aeronutronic facility location, background, vicinity map, project description, location of the proposed Soil Vapor Extraction (SVE) and treatment system, plan view, design, City actions and appeals, and recommendations. Mayor Blom opened the public hearing. Kenn Connor, applicant and Senior Vice President of WSP Earth and Environment, utilized a presentation to introduce members of WSP and representatives from the Santa Ana Regional Water Quality Control Board and Bayridge Homeowners Association (HOA) and reviewed the key points, 94 Hartford Drive ownership change, vicinity map, impacted residents map, Bayridge Park SVE System, alternative and location analyses, key responses to comments and questions, current and future permit applications, and community outreach, feedback, and support. Kevin Solomita, appellant, relayed that his family sold the 94 Hartford Drive property and utilized a presentation to highlight the examples given to them by WSP of SVE systems in residential areas, Volume 65 - Page 601 City of Newport Beach City Council Meeting July 25, 2023 concerns relative to the alternatives, responsible parties to ease the burden of this matter, alternate locations for the SVE, and the proposed location. In response to Council Member Weigand's question, Kenn Connor explained the cleaning method and safety considerations using a repetitive carbon changing process to meet South Coast Air Quality Management District (SCAQMD) standards for acceptable exhaust levels. Additionally, he pointed out that the concern is isolated to the exhaust coming from the building, noted there could be thousands of SVE examples close to residents, the appellant sold their home, and relayed that purchasing the home was not considered because of conversations with the regulatory agency, the permitting timeline, and it would not render it any safer than it is right now. Council Member Grant acknowledged residents' concerns and stated the number one issue is safety. In response to her questions, Mr. Connor indicated being unable to speak with the new property owners after WSP's attempt to make contact and the sale included a full disclosure of the matter. He explained that the process began at the beginning of COVID-19, discussed challenges of meeting with Southern California Edison (SoCal Edison), the power ,drops and impact on the building location, getting power to the building across Bison Avenue, available energy, and delays for SoCal Edison upgrades. He stated that the moratorium is controlled by the City, no vapor intrusion was detected from the indoor air testing on the second floor above the garage at 94 Hartford Drive, indoor air testing is unknown for the other objecting residents who reside on the second floor, the garage adds a safety barrier to vapor intrusion exposure, and noted that there is support from the 168 homes in the community. Mr. Connor stated that the Fordw facilities are currently the most investigated soil vapor intrusion issue in the United States and WSP has studied each parcel at the direction and guidance of the Water Quality Board to ensure a complex review of what is happening at the site. He noted an extensive investigation in this location, other HOAs, and parcels that will lead to other SVE action in other parcels arld explained the mechanism behind the vapor intrusion, reasons for increased risk factors, safety based on the presence of the vapor in the vadose zone, why this area is higher, long term exposure risks, and a disclosure including the remediation activity when homes were initially purchased. Lee Healy stated she was never apprised of the chemical dumping on the property when she purchased her land in 1985 Vd noted health issues for residents near the proposed location. Enrique Sanchez, Bayridge HOA President, discussed the high noise levels of air purifiers, safety issues coming from the ground versus the SVE building, the health risk of not getting the SVE system in place, and added that no negative comments were received from over 70 of the 168 residents. Ryan Farsai discuss area satellite images he reviewed, the VOC movement and path, and recommended that Council approve the permit and stop the VOCs from going into the Bay. Larry Cano indicated that the first time he heard of the VOCs was in 2018, noted his medical issues that might be related, expressed safety concerns for living near the SVE site, and asked Council to take a pause to assess if this is the right thing to do so others are not subject to potential harm. Jim Mosher discussed reasons for sharing ex parte communications, indicated it was still unclear about how much power is needed for the equipment, and thought there may be confusion about what was meant by the matter getting worse with time. Mayor Pro Tem O'Neill noted that from the findings that supported the Limited Term Permit in Exhibit A and the conditions of approval in Exhibit B, he found no statement that he disagreed with, which led to his decision to deny the appeal. He stated that he understands the homeowners' frustrations, apologized, and indicated that moving forward is legally the right thing to do. Volume 65 - Page 602