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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. Volume 65 - Page 562 City of Newport Beach City Council Meeting June 13, 2023 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. Volume 65 - Page 564 City of Newport Beach City Council Meeting 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 Volume 65 - Page 574 City of Newport Beach City Council Meeting June 13, 2023 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. Volume 65 - Page 575 City of Newport Beach City Council Meeting June 13, 2023 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. Volume 65 - Page 576 City of Newport Beach City Council Meeting June 13, 2023 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. Volume 65 - Page 578