HomeMy WebLinkAbout01 - MinutesJuly 11, 2023
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
June 27, 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. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Ida Wolff discussed a petition she started to replace the Ben Carlson statue with a bird bath, and
indicated she believed he was not a hero and that his ashes were placed inside the statue.
Mayor Pro Tem O'Neill rebutted, stating that Ben Carlson was a hero and his ashes are not inside of
the statue, noted that this Council will not entertain opposition to his heroic acts, and announced a
memorial on July 6, 2023 in his honor.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the items listed on the Closed Session agenda and read the titles, and that the City
Manager, City Attorney, and City Clerk will be recusing themselves on the labor negotiation
item due to financial impacts. A&
III. CLOSED SESSION - Council Chambers Conference Room
A. PUBLIC EMPLOYEE
(Government Code § !
Title: Grace Leung, Cit;
Title: Aaron Harp, City
Title: Leilani Brown, City Clerk
i
EVALUATION
otters
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code §'54957.6): 3 matters
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.
IV. RECESSED - 4:05 p.m.
V. RECONVENED AT 4:44 P.M. FOR REGULAR MEETING
VI. 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
VII. CLOSED SESSION REPORT
Volume 65 - Page 579
City of Newport Beach
City Council Meeting
June 27, 2023
City Attorney Harp reported that no reportable actions were taken.
VIII. INVOCATION — Imam Mandi al-Qazwini, Islamic Educational Center of Orange County
IX. PLEDGE OF ALLEGIANCE — Mayor Blom
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Kleiman:
• Attended the Newport Beach Junior Lifeguard Program opening day, the Library Foundation's
Summer Solstice New Membership Celebration, the Newport Coast fire retardant town hall
meeting, Women in Government Luncheon with Council Member Grant, and the Employee Service
Award lunch and recognized Department Directors for their y rs of service
Council Member Stapleton:
• Attended the Library Foundation's Summer Solstice,,kew Membership Celebration, the Newport
Beach Junior Lifeguard Program opening day, the Father's Day Car Show at Balboa Bay Club, a
tour of Beverly Hills Police Department with Council Member Kleiman and Mayor Pro Tem O'Neill
and thanked Lieutenant Justin Morouse for organizing the event, and the Mr. Irrelevant dinner
and recognized the Salata family if
• Utilized a slide to discuss the Peninsula's family -friendly July 4th event
Council Member Grant:
• Attended the Library Foundation's Summer Solstic ew Membership Celebration, the Annual
Employee Service Award lunch, Balboa Yacht Club Biennial Transpacific Send Off Party, the
Newport Beach Art Exhibition and launch of Pi f se VIII of the Sculpture Garden, and the Newport
Beach Police Department's Mobile Cafe at Fa ion Island
I
Council Member Weigand
• Announced the Mariners Park Independence Day Children's Bike Parade and thanked the
Recreation and Senior Services Department for assisting the community members
Council Member Avery:
• Attended the Employee Service Award Lunch and the Newport Harbor Yacht Club Biennial
Transpacific Send Off Party
• Announced July 4th in the Harbor
Mayor Pro Tem O'Neill:
• Acknowledged the fires and the newly formed Newport Beach Fire Safe Council
• Attended town hall meetings in Newport Coast and Corona del Mar
• Met with and received clarification from Pastor Mark Davis of St. Mark Presbyterian Church
regarding homelessness concerns
• Announced the Newport Beach Police Foundation meeting at Sherman Gardens, the Mariners Park
Independence Day Children's Bike Parade, and Ben Carlson Day on July 6, 2023
Mayor Blom:
• Announced the start of Mr. Irrelevant Week and honored Paul Salata's memory
• Announced the approval of an audit of the management oversite for State licensed sober living
facilities and thanked Assembly Member Diane Dixon for her support
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
Volume 65 - Page 580
City of Newport Beach
City Council Meeting
June 27, 2023
Mayor Pro Tem O'Neill requested and received clarification from City Attorney Harp that Item 10
(Balboa Bay Club Ground Lease) is a removal of the item from the agenda.
Jim Mosher supported the removal of Item 10 from the Consent Calendar.
XIII. CONSENT CALENDAR
1. Minutes for the June 13, 2023 City Council Meeting [100-20231
Waive reading of subject minutes, approve as amended, 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.
ORDINANCES FOR ADOPTION
3. Ordinance No. 2023-7: Amending Newport Beach Municipal Code Section 3.36.030 Related
to Cost Recovery [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) Conduct a second reading and adopt 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.
4. Ordinance No. 2023-10: Establishing the "VE" Special Flood Hazard Area Overlay District
(PA2018-075) [100-2023] V
a) Find the 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 a have a significant effect on the
environment. The amendments th7mwselves do not authorize development that would directly
result in physical change to the environment; and
b) Conduct second reading and adopt 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).
City Clerk Brown recused herself from Item 4 due to real property interest conflicts.
RESOLUTION FOR ADOPTION
5. Resolution No. 2023-39: Authorizing the Temporary Closure of Selected Streets for the
Fourth of July Holiday Period [100-20231
a) Determine that the 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 it will not
result in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2023-39, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Temporary Closure of Back Bay Drive, the 100 Block of Orange Street
from Traffic Off of Pacific Coast Highway, San Joaquin Hills Road Between Back Bay Drive and
the Entrance to the Park Newport Apartment Complex, and Via Malaga between Via Oporto and
Via Lido.
CONTRACTS AND AGREEMENTS
Volume 65 - Page 581
City of Newport Beach
City Council Meeting
June 27, 2023
6. FY 2022-23 Playground Refurbishment Program — Award of Contract No. 8953-1 (23P01)
[381100-20231
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301—Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines, because
this project results in no expansion of an existing use and has no potential to have a significant
effect on the environment;
b) Approve the project plans and specifications;
c) Declare the bid submitted by Western State Builders, Inc. (WSB) of Escondido, CA as
non -responsive;
d) Award Contract No. 8953-1 to R.E. Schultz for the base bid price of $293,315, and authorize the
Mayor and City Clerk to execute the contract; and
e) Establish a contingency of $30,000 (approximately 10 percent) to cover the cost of unforeseen
work not included in the original contract.
7. Approval of Amendment No. One to Maintenance and Repair Services Agreement for
Landscape Maintenance of Medians and Roadsides with BrightView Landscape Services,
Inc. (C-8651-1) [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. One to the Maintenance and Repair Services Agreement with
BrightView Landscape Services, Inc. (BrightView) for Landscape Maintenance of Medians and
Roadsides to increase the contract fixed -maintenance not -to -exceed amount by $131,750
annually for four and half years plus CPI fora total fixed -maintenance not -to -exceed amount of
$14,869,688; and increase the on -call portion of the contract by $2,280,000 for a new on -call NTE
amount of $4,380,068, and authorize the Mayor and City Clerk to sign the amendment. The
amendment would raise the total overall contract NTE from $16,350,000 to $19,249,756.
8. Approval to Purchase Five oyota T a Pick Up Trucks from RP Automotive of
Downey, CA [100-2023]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) anA-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 Bullget Amendment No. 23-076, appropriating $104,304.60 in increased expenditures
in Account 11 No. 7529032-911016 (Rolling Equipment) from unappropriated fund balance
reserves within the Equipment Fund;
c) Approve a Purchase Order for five Toyota Tacoma pickup trucks from RP Automotive of Downey,
CA, for a total amount of $165,341; and
d) Authorize a contingency of $8,500 (approximately 5% of total quotes) to cover the cost of
unforeseen changes to the current quotes.
9. Professional Services Agreement with American Global Security, Inc. for Security Guard
Services (C-9354-1) [381100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Approve Professional Services Agreement with American Global Security, Inc. for Security
Guard Services in an amount not to exceed $550,000, and authorize the Mayor and City Clerk
to execute the agreement; and
c) Approve Budget Amendment No. 24-005, appropriating $70,000 in increased expenditure in the
City Manager's Office - Administration - Professional Services Account, 01020005-811008, from
unappropriated fund balance reserves of the General Fund.
Volume 65 - Page 582
City of Newport Beach
City Council Meeting
June 27, 2023
10. Amendment No. One to the Amended and Restated Ground Lease with Balboa Bay Club
Ventures, LLC for the Tidelands Property Located at 1221 West Coast Highway (C-519S)
[381100-20231
Removed from the agenda.
11. Software License Agreement with Dell for Microsoft Products (C-8636-2) [381100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve a Software License Agreement with Dell Marketing L.P., a Delaware corporation, for a
three-year term for Microsoft software products in the total amount of $210,829.29, and
authorize the Mayor and City Clerk to execute the Agreement.
12. First Amendment to Temporary Employment Agreement with Former Employee Anne
Donnelly (C-8711-2) [381100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve a first amendment to the Temporary Employment Agreement with former employee
Anne Donnelly, who retired on December 19, 2020, to fill the position of Police Dispatcher - P/T
for a limited duration while the Police Department works to dill the staffing shortages and
authorize the Mayor and City Clerk to execute the agreement. II
13. Agreement with RCS Investigations and Consulting, LLC, for Background Investigative
Services (C-8540-2) [381100-20231
a) Determine this action is exempt froiii 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 a Professional Services Agreement with RCS Investigations and Consulting, LLC, for
Background Investigative Services in an amount not -to -exceed $550,000, and authorize the
Mayor and City Co execute the Agreement.
14. Award of On -Call Harbor Maintenance/Repair Services Agreement with Swift Slip Dock
& Pier Builde s, Inc. for On -Call Dock Maintenance (C-7382-3) [381100-20231
a) Determine Vis 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 aNphysical change to the environment, directly or indirectly; and
b) Approve an On-Ca14p-Maintenance/Repair Services Agreement with Swift Slip Dock & Pier
Builders, Inc. for On -Call Dock Maintenance at a not -to -exceed amount of $400,000 over five
years, and authorize the Mayor and City Clerk to execute the agreement.
15. Approval of a Professional Services Agreement with Dudek, Inc. for Consulting Services
for the Comprehensive General Plan Update (PA2022-080) (C-9358-1) [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, California Code of
Regulations, Title 14, Division 6, Chapter 3, because this action will not result in a physical
change to the environment, directly or indirectly; and
b) Approve and authorize the Mayor and City Clerk to execute a Professional Services Agreement
with Dudek, Inc. for Consulting Services on the Comprehensive General Plan Update in an
amount not to exceed $1,478,029.75 in a form substantially similar to the agreement attached
to the staff report.
MISCELLANEOUS
16. Planning Commission Agenda for the June 22, 2023 Meeting [I00-20231
Volume 65 - Page 583
City of Newport Beach
City Council Meeting
June 27, 2023
Receive and file.
17. Acceptance of Officer Wellness and Mental Health Grant [100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Accept the State of California Officer Wellness and Mental Health Grant in the amount of
$94,079.08; and
c) Approve Budget Amendment No. 24-003 appropriating $31,359.69 in increased expenditures in
Account No. 01035352-861009-G2330 for FY 2023-24.
18. Acceptance of Opioid Settlement Funds [100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Accept funds from the Janssen, Distributors and N AT II Settlement Fund, totaling
$395,765.84; and
c) Approve Budget Amendment No. 23-071 increasing evenue estimates and expenditure
appropriations by $395,765.84. �
Motion by Mayor Pro O'Neill, seconded by Council Member Stapleton, to approve the Consent
Calendar; and noting the removal of Item 10 from the agenda and the amendments to Item 1.
The motion carried unanimously.
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
PF
XV. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Dr. Fred Smoller asked Councilor some level of support from the City for the student portion of the
Orange County Sustainab' ' Decathlon and noted the importance of the grants and dependency on
local government supp
Virginia Anders-E ore discussed climate change, expressed support for the Orange County
Sustainability Deca hlon, asked Council for their support, and applauded supportive actions by other
cities to date.
Kathleen Andrews encour d Council to financially support the Orange County Sustainability
Decathlon.
An unidentified speaker noted the benefits of the Orange County Sustainability Decathlon and asked
the City to financially support the effort.
XVI. CURRENT BUSINESS
19. Appointments to the Water Quality/Coastal Tidelands Committee [241100-2024
City Clerk Brown reported that applicants must receive at least four votes to be appointed.
Jim Mosher expressed the opinion that the Water Quality/Coastal Tidelands Committee is not
getting enough nominations and suggested keeping previous applications on file for future reference.
City Clerk Brown read the ballot votes for the Water Quality/Coastal Tidelands Committee as
follows:
Volume 65 - Page 584
City of Newport Beach
City Council Meeting
June 27, 2023
Tom Houston — Avery, Grant, Weigand
Craig Hudson — Avery, Grant, Kleiman, O'Neill, Stapleton
Spencer Pirdy — Blom, O'Neill
George Robertson — Avery, Blom, Grant, Kleiman, Stapleton, Weigand
John Wadsworth — Blom, Kleiman, O'Neill, Stapleton, Weigand
City Clerk Brown announced that George Robertson was reappointed for a four-year term, and Craig
Hudson and John Wadsworth were appointed for four-year terms.
20. Annual Appointments for Scheduled Board and Commission Vacancies and
One Unscheduled Vacancy on the City Arts Commission [241100-20231
Mayor Blom recused himself from voting on the City Arts Commission appointments to
avoid any questions of bias since his father is one of the nominees.
Mayor Pro Tem O'Neill opposed waiving Policy A-2 and note his lack of support for incumbents
experiencing legal issues irrespective of the nominee.
City Clerk Brown reported that applicants must receive at least four votes to be appointed.
City Clerk Brown read the ballot votes for the C* y Arts in 14
n first, as follows, since there
was a recusal: 11
John Blom — Avery, Grant, Weigand
Walt Howald — Avery, Grant, Weigan
Melissa Kandel — Kleiman, O'Neill, Stapleton
Vanessa Moore — Kleiman, O'Neill, Stapleton
City Clerk Brown noted that a second vote was reeded between John Blom, Walt Howald, Melissa
Kandel, and Vanessa Moore. As
City Clerk Brown read h second lot votes for the City Arts Commission as follows:
John Blom — Avery, Grant, O' 1, Weigand
Walt Howald — Avery, Grant, Weigand
Melissa Kandel — Kleiman,' O'Neill, Stapleton
Vanessa Moore — lileiman, O'Neill, Stapleton
City Clerk Brown announced that John Blom was appointed to the City Arts Commission, but a
third vote was needed between Walt Howald, Melissa Kandel, and Vanessa Moore.
Mayor Pro Tem O'Neill requested and received confirmation from City Attorney Harp that Mayor
Blom could vote for the second seat on the City Arts Commission since his father was no longer a
nominee.
City Clerk Brown read the third ballot votes for the City Arts Commission as follows:
Walt Howald — Avery, Grant, Weigand
Melissa Kandel — Blom, Kleiman, O'Neill
Vanessa Moore — Stapleton
City Clerk Brown announced that a fourth vote was needed between Walt Howald and Melissa
Kandel.
City Clerk Brown read the fourth ballot votes for the City Arts Commission as follows:
Volume 65 - Page 585
City of Newport Beach
City Council Meeting
June 27, 2023
Walt Howald — Avery, Weigand
Melissa Kandel — Blom, Grant, Kleiman, Stapleton, O'Neill
City Clerk Brown announced that Melissa Kandel was appointed to the City Arts Commission.
Following discussion, motion by Mayor Pro Tem O'Neill, seconded by Council Member
Weigand, to have Melissa Kandel serve the unscheduled term that expires June 30, 2025, and
John Blom would serve for a four-year term on the City Arts Commission.
The motion carried unanimously.
City Clerk Brown read the ballot votes for the Board of Library Trustees as follows:
Lauren Kramer — Avery, Blom, Grant, Kleiman, O'Neill, Stapleton, Weigand
Dorothy Larson — Avery, Grant, Kleiman, Stapleton, Wei nd
Jenny Williams — Blom, O'Neill
City Clerk Brown announced that Lauren Kramer and Dorothy Larson were appointed to the Board
of Library Trustees for four-year terms.
City Clerk Brown read the ballot votes for the Building and Fire lord of Appeals as follows:
Kenneth Kasdan — Avery
Michael Manning — Blom, Grant, Klei an, O'Neill, Stapleton, Weigand
City Clerk Brown announced that Michael Manning was reappointed to the Building and Fire Board
of Appeals for a four-year term —
City Clerk Brown read the ballot vote for the Vvil Service Board as follows:
Laura Cowie — Blom, Kleiman, O'Neill, Stapleton
Matthew Parisi — Grant
Mike Talbot�#_ Avery, Weigand
City Clerk Brown announced that Laura Cowie was appointed to the Civil Service Board for a
four-year term.
City Clerk Brown read the ballot votes for the Harbor Commission as follows:
Marie Marston — Avery, Blom, Grant, Kleiman, O'Neill, Stapleton, Weigand
City Clerk Brown announced that Marie Marston was reappointed to the Harbor Commission for a
four-year term.
City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission as
follows:
Laird Hayes — Avery, Grant, Weigand
Kate Malouf — Avery, Blom, Grant, Kleiman, O'Neill, Stapleton, Weigand
Anne Yelsey — Blom, Kleiman, O'Neill, Stapleton
City Clerk Brown announced that Kate Malouf was reappointed and Anne Yelsey was appointed to
the Parks, Beaches and Recreation Commission for four-year terms.
Volume 65 - Page 586
City of Newport Beach
City Council Meeting
June 27, 2023
City Clerk Brown read the ballot votes for the Planning Commission as follows:
Mark Rosene — Avery, Blom, Grant, Kleiman, O'Neill, Stapleton, Weigand
David Salene — Blom, Kleiman, O'Neill, Stapleton
Debbie Stevens — Avery, Grant, Weigand
City Clerk Brown announced that Mark Rosene was reappointed and David Salene was appointed
to the Planning Commission for four-year terms.
Mayor Blom thanked all the applicants and the City Council Ad Hoc Committee.
21. Resolution No. 2023-40: Pilot Program to Permit Homeowner's Associations to Install
Privately Operated Security Cameras within the Public Rights -of -Way [100-2023]
Public Works Director Webb utilized a presentation to discuss the background, elements of the
proposed pilot program, proposed advisory signage, primaryeditions for camera installation, and
interested Homeowner Associations (HOA).
Mayor Pro Tem O'Neill expressed appreciation to the HOA boards and noted that proposed redline
amendments were distributed at the meeting for consideration.
In response to Council Member Grant's questions, Public Works4ector Webb indicated that the
HOA would need to work together with thepolice department for camera installation, would be
required to collect community input, and stated the cost per camera and installation is not expensive
and the cameras may be leased. b
In response to Council Member Avery's question, Public Works Director Webb relayed that the
Spyglass Hill Community Association has a plan prepared and the three other HOAs will need about
a month to begin and indicated that staff thoug�t it is reasonable to give the HOAs more time and
remain open to a start date that provides theme a full year in the pilot program. Council Member
Weigand suggested star+fig a month or two beyond July 1.
Council Member Avery noted privacy rights, his support for the program and increased surveillance,
but pointed out that crime is moderate or down in Newport Beach.
Jim Mosher thought the idea' is "big brotherish", questioned other forms of surveillance being
considered as well as cpoperation terms with the Newport Beach Police Department included in the
agreement, and commulslty locations, HOA affiliations, and qualifications.
Mayor Blom stated he appreciated the "big brother" comment but supported security in the City.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Kleiman, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303
(Class 3: New Construction or Conversion of Small Structures) of the CEQA Guidelines, because
this project has no potential to have a significant effect on the environment; and b) adopt amended
Resolution No. 2023-40, A Resolution of the City Council of the City of Newport Beach, California,
Adopting a Pilot Program to Permit Qualifying Homeowner's Associations to Install Privately
Operated Security Cameras within the Public Right -of -Way, and Waiving City Council Policy L-6,
Encroachments in Public Rights -of -Way, in Regards Thereto, including the amendment to the pilot
program language and changing the end date of the program to September 30, 2024.
The motion carried unanimously.
22. Amendment No. One to Memorandum of Understanding Between the Cities of Costa Mesa
and Newport Beach for the Costa Mesa Bridge Shelter (C-8641-1) [381100-20231
Volume 65 - Page 587
City of Newport Beach
City Council Meeting
June 27, 2023
Assistant City Manager Finnigan utilized a presentation to review Amendment No. One to the
memorandum of understanding between the cities of Costa Mesa and Newport Beach for the Costa
Mesa Bridge Shelter and provided the background.
Council Member Kleiman expressed her appreciation to staff and the partnership with Costa Mesa,
and expressed support for the amendment.
Council Member Avery referenced letters received regarding homelessness, indicated that the
solution is policy and money, expressed appreciation for the partnership with Costa Mesa and
support for the amendment, and agreed that homelessness is an ongoing problem.
Council Member Grant relayed that the City is fortunate to have the partnership with Costa Mesa,
stated that the shelter bed capacity increase is an essential component to moving the needle on
homelessness, noted the City's responsibility to be a good shepherd to tax dollars, supported the
amendment, more opportunities for input and control of th resources, shelter operations that
connect to permanent supportive housing, and thanked staftall their efforts.
Mayor Pro Tem O'Neill expressed appreciation to the Costa Mesa City Council for working together
with Newport Beach on an ongoing basis.
Mayor Blom noted the process takes time, commended staff, and expressed pride in the partnership
with Costa Mesa.
Motion by Mayor pro Tem O'Neill, seconded by Council Member Grant, 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; and b) authorize the Mayor and City Clerk to
execute Amendment No. One to the Memorandum of Understanding between the City of Costa Mesa
and the City of Newport Beach for the Costa Mesa Bridge Shelter.
The motion carried unanimously.
23. Ordinance No. 2023-11: Prohibiting Interference with Public Access, Unpermitted
Structures on Public Property and Certain Conduct on Public Property; and Resolution
No. 2023-41: Setting Forth the City Council's Approach to People Experiencing
Homelessness [100-2023] .
Mayor Blom thanked Council for their years of work on this matter, acknowledged a culmination of
efforts, a shared frustration and goal to reach the best and most proactive way to help the homeless
while ensuring quality of life for all, and emphasized Council's support.
Council Member Kleiman thanked Council, staff, City Attorney Harp, and the community for their
support, stated the intended goal of providing shelter beds and partnerships with Be Well, City Net,
and Costa Mesa, noted the layers required to fix this systemic problem, the approach to address
safety issues, and emphasized that a lot more work still needs to be done.
At the request of Council Member Kleiman, City Attorney Harp outlined the process and timing for
ordinance adoption.
John Palmer thanked Council for finding better solutions and helping the homeless.
Pamela Marks asked the City Council to help the homeless.
Volume 65 - Page 588
City of Newport Beach
City Council Meeting
June 27, 2023
Helen Cameron cautioned Council about the ordinance, thought the ordinance is heavy-handed and
that a variety of solutions should be considered to provide options that meet different needs, directed
staffs attention to the University of California San Francisco's study on homelessness, suggested
adding "into housing" to the ordinance, and noted that shelters are expensive.
Nathan Holthouser supported the ordinance and community input.
Ben Gott expressed safety concerns and gratitude for the steps taken to alleviate homelessness and
supported the ordinance.
Kevin Giz, Pine Knot Motel owner, thanked staff and Newport Beach Police Department and
expressed support for the ordinance.
Mario Marovic stated that homelessness has gotten substantially worse over the last five years,
provided numerous examples, and asked for a strong public -private partnership to enforce what is
enforceable. 14
Carly Omer thought the homeless encampment near St. Mark Community Preschool presents safety
concerns and requested immediate and measurable aeon.
Casey Walters supported the ordinance, noted problems at the A Mark Community Preschool
created by the homeless issue, and asked Council to remove the encampment near the preschool.
Jamie Amarasuriya provided examples of responses from the City Council and nonprofits regarding
homelessness and shared community support for the matt.
Jim Mosher suggested the ordinance be well -considered and defensible, noted a typo relative to
Coastal Peak Park, and questioned allowable camping areas and distance to cancer treatment
centers. 10
Council Member Weigand thanked the Cit ouncil Ad Hoc Committee, the entire City Council and
staff, and noted Lincoln Elementary Sc oo is missing from the school listing and asked for it to be
added along with double checking to �nsure that all schools have been included on the list.
Council Memb3 Stapleton thanked the City Council Ad Hoc Committee and the residents who
spoke, noted shared compassion, and asked that the City also focus on the recreational vehicles
parked on the Balboa $eninsula for extended periods of time.
Council Member Grant recognized the ordinance as an important first step, discussed safety
concerns, a companion policy recommended by the Ad Hoc Committee, metrics and efficient use of
resources, fair and equitable law enforcement, and a commitment for continued hard work on the
matter.
Mayor Blom thanked Council and the community, and relayed that Council is open to solutions.
Motion by Council Member Kleiman, seconded by Council Member Grant, 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) waive full reading, direct the City Clerk to read
by title only, and introduce amended Ordinance No. 2023-11, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Chapter 10.08 to Prohibit Interference with Public
Access; Adding Chapter 10.14 Prohibiting Unpermitted Structures on Public Property; and
Amending Section 11.04.070 to Prohibit Certain Conduct in Public Parks, Park Facilities and at
Public Beaches, and pass to second reading on July 11, 2023; and c) adopt Resolution No. 2023-41,
Volume 65 - Page 589
City of Newport Beach
City Council Meeting
June 27, 2023
A Resolution of the City Council of the City of Newport Beach, California, Setting Forth the City
Council's Approach to People Experiencing Homelessness.
The motion carried unanimously.
XVII. MOTION FOR RECONSIDERATION - None
XVIII. ADJOURNMENT - 6:33 p.m.
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on June 22,
2023, at 4:00 p.m.
Leilani I. Brown
City Clerk
L-q
11
Volume 65 - Page 590