HomeMy WebLinkAbout01 - MinutesSeptember 12, 2023
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
August 22, 2023
I. ROLL CALL - 4:06 p.m.
Present: Mayor Noah Blom, Council Member Brad Avery, Council Member Robyn Grant, Council
Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand
Excused: Mayor Pro Tem Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. 2023 Water and Wastewater Rate Study
Utilities Director Vukojevic utilized a presentation to discuss the 2023 water and wastewater
rate study, a summary of the information presented to the Finance Committee at their
May 11, 2023 and July 26, 2023 meetings, goals of the study, current water rates, water use
over the years, current revenues and expenditures, the water system and aging infrastructure,
2019 Water Master Plan and 30-Year Capital Improvements Plan, reserve targets for water and
comparisons with rate increases, proposed water financial plan, typical water customer impacts,
proposed water rates, current wastewater rates, current wastewater revenues and
expenditures, wastewater capital needs, reserve targets for wastewater and comparisons with
rate increases, proposed wastewater financial plan, typical wastewater customer impacts, and
proposed wastewater rates. He also reviewed thk recommendations and tentative schedule.
In response to Council Member Avery's questions, Utilities Director Vukojevic indicated that
the automation portion of the smart metering is almost complete and leak detection capabilities
will reduce water usage, there are 300 miles of main lines in the water system and 200 miles in
the sewer system plus the laterals, meters and service connections, and discussed how the City
services the li in the public right-of-way up to the meter.
Council Me r Weigand stated he toured the Big Canyon Reservoir last week and noted the
expansive system, process, expenses, aging infrastructure, and expressed support for the rate
increase. In response to Council Member Weigand's suggestion to use a monthly billing cycle,
City Manager Leu'l�g noted the City would like to look into the option while considering the
related expense of ding so.
In response to Council Member Stapleton's request, Finance Director Al -Imam reported that the
Finance Committee fully supported the recommended rates at their July meeting.
Mayor Blom thanked staff, pointed out the benefits of having a municipality that takes care of
its own water and sewer, noted challenges with Southern California Edison for electricity,
indicated the water and sewer rates are a great value, and smart meters are very helpful.
Utilities Director Vukojevic recognized Utility Managers Steffen Catron and Casey Parks for
their efforts.
Jim Mosher noted the deficits in the wastewater and water funds and inquired when the rate
studies would be available for public review and how the fixed and variable costs are handled.
III. PUBLIC COMMENTS — None
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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 title.
IV. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9) (d)(2), (e)(2)(3)): 1 matter
The City Council will meet in Closed Session to discuss potential litigation against the City as set
forth in the correspondence dated April 11, 2023, from Andrew Willis, Enforcement Staff Counsel,
for the California Coastal Commission (CCC), related to the Western Snowy Plover and the
wood -slat fences that previously existed at/near Balboa Beach.
CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION — ANTICIPATED LITIGATION
(Government Code § 54956.9 (d)(1) and (d)(4)): 1 ma
Gloria Johnson, et al. v. City of Grants Pass
United States Court of Appeals for the Ninth Circuit e
United States District Court for the District of Oregon a:
5752; 20-35881
i-cv-01823-CL
(The reason for holding a closed session is for the purpose of conferring with and/or receiving advice
from the City's legal counsel and to receive direction from the City Council regarding the possible
filing and/or participation in an amicus brief in this case.)
V. RECESSED — 4:37 p.m.
VI. RECONVENED AT 5:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Noah Blom, CounciArmber Brad Avery, Council Member Robyn Grant, Council
Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand
Excused: Mayor Pro Tem Will O'Neill
VIII. CLOSED SESSION REPORT
Regarding Closed Session I m IV.B, City Attorney Harp reported that a motion was made by Council
Member Kleiman and seconded by Council Member Stapleton for the City to join the amicus brief in the
case of Gloria Johnson v. City of Grants Pass, and that all Council Members voted in favor of the motion
except for Mayor Pro Tem O'Neill who had an excused absence.
IX. INVOCATION — Pastor David Manne, Calvary Chapel of Costa Mesa
X. PLEDGE OF ALLEGIANCE — Mayor Blom
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
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Council Member Kleiman:
• Attended the United to End Homelessness Poll Results at UC Irvine and the Newport Beach
Historical Society's 100 Years of Newport Beach Lifeguards Celebration
• Announced that Newport Beach will be hosting a California Sober Living and Recovery Task Force
meeting at City Hall on September 8, 2023
• Recognized Newport Beach Fire Chief Boyles for completing the Executive Leaders Program at the
Naval Postgraduate School's Center for Homeland Defense and Security
Council Member Stapleton:
• Congratulated Fire Chief Boyles
• Attended the Association of California Cities — Orange County (AC-OCC) Public Policymakers
Academy and Newport Beach Historical Society's 100 Years of Newport Beach Lifeguards
Celebration
• Congratulated the Newport Beach Chamber of Commerce Citizen of the Year Laird Hayes and
newly appointed Assistant City Manager Jurjis who provided an update on the fractional ownership
amendment hearing with the California Coastal Commission
• Wished Council Member Grant a happy early birthday
Council Member Grant:
• Congratulated newly appointed Assistant City Manager Jurjis, Fire Chief Boyles, Laird Hayes, and
the Newport Beach Police Department Teen Academy graduates
• Attended the Newport Beach Police Department's National Night Out, the Junior Lifeguard
graduation, and ACC-OC Summer Round t eat Wild Rivers
Council Member Avery: mr
• Congratulated the Newport Beach Chamber of Comte Citizen of the Year Laird Hayes
Mayor Blom:
• Congratulated newly appointed Assistant CiYFire
anager Jurjis, commended the City Manager team
and all department directors, and congratulChief Boyles
• Announced his trip to Maui on Thursday to, tour Lahaina, Hawaii, and provide a donation from the
Newport Beach Foundation to help with the rebuilding effort
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consideration of a policy for nightly closure of all public restrooms in the City, consistent
with the policies of surrounding cities in the County [Kleiman and Stapleton]
With Mayor Pro Tem O'Neill absent, the remainder of the City Council concurred to bring the matter
back at a future meeting.
• Consideration of conducting a study of the allowed uses along the Coast Highway
commercial corridor and parking needs of Corona del Mar Village [Kleiman]
With Mayor Pro Tem O'Neill absent, the remainder of the City Council concurred to bring the matter
back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 25 (Response to the Orange County Grand Jury Report "School Shootings: How
Prepared are Orange County Public Schools?"), Jim Mosher noted that the text is difficult to read on
page 25-63.
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XV. CONSENT CALENDAR
1. Minutes for the July 25, 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.
ORDINANCE FOR ADOPTION
3. Ordinance No. 2023-13: An Amendment to Newport Place Planned Community
Development Plan to Revise the Minimum Affordability Housing Percentage of the
Residential Overlay (PA2023-0082) [100-20231
a) Find the adoption of this ordinance is not subject to the California Environmental Quality Act
(CEQA) in accordance with Section 21065 of the California Public Resources Code and Sections
15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6,
Chapter 3 (CEQA Guidelines). The proposed action is also exempt pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance, No. 2023-13, An Ordinance of the City Council of
the City of Newport Beach, California, Approving an Amendment to the Newport Place Planned
Community Development Plan to Revise the Minimum Affordability Housing Percentage of the
Residential Overlay (PA2023-0082).
Council Member Stapleton recused himself from Item 3 due to an equity membership in
the Pacific Club.
RESOLUTIONS FOR ADOPTION ,
4. Resolution No. 2023-46: Resolution of Intention to Conduct a Public Hearing to Grant
New Non -Exclusive Solid Waste FraMchise [421100-20231
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) Adopt Resolution No. 2023-46, A Resolution of the City Council of the City of Newport Beach,
California, Declaring Its Intention to Conduct a Public Hearing to Consider Granting a
Non -Exclusive Commercial Solid Waste and Divertible Materials Handling Franchise.
5. Resolution No. 2023-47: Waiving City Council Policies B-8 and B-13 to Permit a Charity
Volleyball Tournament [100-2024
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15304 under Class 4 (Minor Alterations to Land), because it has no potential to have a
significant effect on the environment; and
b) Adopt Resolution No. 2023-47, A Resolution of the City Council of the City of Newport Beach,
California, Waiving Council Policy B-8, and Section A.1 of Council Policy B-13 to Permit a
Charity Volleyball Tournament and Allow for Alcoholic Beverages on a City Beach Held by
Volleyball Newport Beach Inc.
6. Resolution No. 2023-48: Amended Joint Powers Agreement for the Integrated Law and
Justice Agency for Orange County (C-3579) [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;
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b) Adopt Resolution No. 2023-48, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Restated and Amended Joint Powers Agreement for Integrated Law
and Justice Agency for Orange County; and
c) Approve the amended Joint Powers Agreement for the Integrated Law and Justice Agency for
Orange County and authorize the Mayor to execute the agreement.
7. Resolution No. 2023-49: Authorizing a Grant Agreement for the San Diego Creek Trash
Interceptor Project — Contract No. 7127-5 (17X12) [381100-2023]
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. 2023-49, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing an Agreement with the State of California Department of Water
Resources to Receive Funds for the San Diego Creek Trash Interceptor Project.
8. Resolution No. 2023-50: Amending the Staff Structure of the Harbor Department [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) Change the staffing structure of the Harbor Department by eliminating one full-time Harbor
Service Worker position and replacing it with the addition of one full-time Lead Harbor Service
Worker position; and _
c) Adopt Resolution No. 2023-50, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Staffing Structure in the Ha or Department.
CONTRACTS AND AGREEMENTS
9. Gateway Park Improvements — Notic* Completion of Contract No. 8791-1 (23L01)
[381100-20231
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 the Faithful Performance Bond one year after acceptance by the City Council.
10. Ford Road Wastew ump Station Improvement — Award of Contract No. 7731-2
(23SO4) [381100-2023J
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(b), Class 1 (maintenance of existing public facilities used to provide sewerage) of
the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project
has no potential to have a significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7731-2 to Paulus Engineering, Inc. for the bid price of $799,700 for the Ford
Road Wastewater Pump Station Improvement Project, and authorize the Mayor and City Clerk
to execute the contract; and
d) Establish a contingency of $80,000 (approximately 10 percent of total bid) to cover the cost of
unforeseen work not included in the original contract.
11. Streetlight Foundation Inspection and Replacement — Award of Contract No. 9233-1
(23V02) [381100-20231
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15302(c) (replacement of existing utility facilities involving negligible expansion of
capacity) of the CEQA Guidelines, because this project has no potential to have a significant
effect on the environment;
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b) Approve the project plans and specifications;
c) Award Contract No. 9233-1 to Servitek Electric, Inc. for the bid price of $378,000 for the
Streetlight Foundation Inspection and Replacement Project, and authorize the Mayor and City
Clerk to execute the contract; and
d) Establish a contingency of $38,000 (approximately 10 percent of total bid) to cover the cost of
unforeseen work not included in the original contract.
Council Member Stapleton recused himself from Item 11 due to an equity membership in
the Pacific Club.
12. Pulled from the Consent Calendar
13. Window Washing and Exterior Cleaning Services - Maintenance and Repair Agreement
with Crown Building Services, Inc. (C-8019-2) [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 a five-year Agreement with Crown Building Services Inc. to provide Window Washing
and Exterior Cleaning Services for a total not -to -exceed amount of $401,000; and
c) Authorize the Mayor and City Clerk to execute the agreement.
14. Award of On -Call Harbor Maintenance/Repair Service Agreements with South
Waterfront Construction Corporation (C-8968-2) and Tidal Marine Construction, Inc.
(C-8735-2) [381100-2023]
a) Determine this action is exempt from thalifornia 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 two separate On -Call Maintenance/Repair Services Agreements: one with South
Waterfront Construction Corporation at a not -to -exceed amount of $400,000 and one with Tidal
Marine Construction, Inc. at a not -to -exceed amount of $300,000, both over the span of five
years, and authorize the Mayor and City Clerk to execute the agreements.
15. Approval of Amendment No. One to Agreement for Consulting Arborist Services with
Dudek (Contract No. 7936-1) [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 Amendmeni-No. One to the Agreement with Dudek for Consulting Arborist Services to
increase the total contract not -to -exceed amount to $270,000 and extend the contract an
additional three years to a new expiration date of October 1, 2026, and authorize the Mayor and
City Clerk to execute the amendment.
16. Agreement for the Temporary Assignment of a Fire Engine from California Governor's
Office of Emergency Services (Cal OES) to the City of Newport Beach (C-8597-2) [38/100-
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) Approve the Agreement for Temporary Assignment of Vehicular Equipment with California
Governor's Office of Emergency Services (Cal OES) for temporary assignment of Cal OES Fire
Engine No. 1105, and authorize the City Manager and the City Clerk to execute the agreement.
17. Amendment No. Eight to Professional Services Agreement with Parkmobile, LLC for
Pay -By -Cell and Parking Reservation Services (C-7079-1) [381100-2023]
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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. Eight to extend the Agreement termination date to
November 30, 2023, and authorize the Mayor and City Clerk to execute the Amendment.
18. Approval of Independent Contractor Agreement with Newport Bay Naturalists and
Friends, d.b.a. Newport Bay Conservancy, for the Fostering interest in Nature (FiiN)
Program (C-9408-1) [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) Award a five (5) year professional services agreement for the Fostering interest in Nature
Program to Newport Bay Naturalists and Friends, d.b.a. Newport Bay Conservancy, for the total
not -to -exceed amount of $692,500, and authorize the Mayor and City Clerk to execute the
agreement; and
c) Approve Budget Amendment No. 24-017 to appropriate $76,758.65 in increased expenditure
appropriations for the program modifications of increasing the number of programs per year.
19. Approval for the Purchase and Delivery of Unleaded Ga and Renewable Diesel Fuel
(C-9409-1) [381100-2023]
a) Determine this action is exempt from the California En mental 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 to approve Purchase Orders for the Public Works Department for
the purchase and delivery of unleaded gasoline and diesel fuel to June 30, 2026, for a three-year
term, for a total not -to -exceed of $3,600,000 and the option to extend the purchases for two
additional years not -to -exceed $1,!�00,000 per fiscal year.
MISCELLANEOUS
i
20. Planning Commission Action Report for the August 3, 2023 Meeting and Agenda for the
August 17, 2023 Meeting [100-2023]
Receive and file.
21. Resolution No. 2023-51: Amending the General Plan Advisory Committee Attendance
Rules and Confirmation of Appointment to the General Plan Advisory Committee [241100-
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) Adopt Resolution No. 2023-51, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Rules Established by Resolution No. 2022-59 Related to the General
Plan Advisory Committee to Include Meeting Attendance Requirements; and
c) Confirm the General Plan Update Steering Committee's recommended appointment of Nicholas
Acevedo to fill the vacancy on the General Plan Advisory Committee.
22. Confirmation of Nominations to Fill the Unscheduled Vacancy on the Board of Library
Trustees [241100-2023]
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) Confirm the nominations of Antonella Castro and Timothy Rief to fill the vacancy on the Board
of Library Trustees.
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23. Pulled from the Consent Calendar
24. Response to Grand Jury Report: "Welcome to the Neighborhood" [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) Approve the City's response to the 2022-2023 Orange County Grand Jury Report, "Welcome to
the Neighborhood — Are Cities Responsibly Managing the Integration of Group Homes?" and
authorize the Mayor to submit it to the Presiding Judge of the Superior Court pursuant to Penal
Code Section 933.05 (a) and (b).
25. Response to the Orange County Grand Jury Report "School Shootings: How Prepared
are Orange County Public Schools?" [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) Approve the City's response to the 2022-2023 Orange County Grand Jury report, "School
Shootings: How Prepared are Orange County Public Schools?" and authorize the Mayor to
submit the letter to the Presiding Judge of the Superior Court.
26. Response to 2022-2023 Orange County Grand Jury
�ep istoric Rain, Yet Drought
Remains" [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) Approve the City's response to the 2022-2023 Orange County Grand Jury Report "Historic Rain,
Yet Drought Remains" and authorize the Mayor to submit the letter to the Presiding Judge of
the Superior Court. —
Motion by Council Member Stapleton, seconded by Council Member Kleiman, to approve the
Consent Calendar, except the items removed tems 12 and 23); and noting the recusals by Council
Member Stapleton to It ms 3 and 11, and t 7 amendments to Item 1.
With Mayor Pro T eill ab enVthe motion carried 6-0.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
12. Arroyo Park Synthetic Turf Field Installation — Award of Contract No. 8891-2 (23P11)
[381100-2023]
Deputy Public Works Director Houlihan discussed the project details, related expenses, and the
lower bids that were received.
In response to Council Member Avery's question, Assistant City Engineer Sandefur relayed that the
turf area would cover two acres and is expected to be replaced every ten years.
In response to Council Member Grant's questions, Deputy Public Works Director Houlihan indicated
that the Recreation and Senior Services Department provides guidelines for which fields need to be
changed to turf and no other fields have been identified in the financial plan. Recreation and Senior
Services Director Levin noted that this is the last field that was on the target list from a study
conducted about 14 years ago which identified fields that should be converted to synthetic turf. He
added that the decision included multiple factors with lighting being the main driver.
Jim Mosher asked if the staff report reflects the installation cost and whether the turf is made from
recycled material and can be disposed or recycled at the end of its life.
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Motion by Council Member Avery, seconded by Council Member Grant, to 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 has no potential to have a significant effect on the
environment; b) approve the project plans and specifications; c) declare the bid packages submitted
by Legion Contractors, Inc. of Irvine, California, as non -responsive; d) approve Budget Amendment
No. 24-012 appropriating $1,665,952 in increased expenditures in Account No. 53601-980000-23P11
(Arroyo Park Synthetic Turf) from General Fund surplus for Fiscal Year 2022-23; e) award the
Contract to Byrom -Davey, Inc., for the total bid price of $2,596,027 for the Arroyo Park Synthetic
Turf Field Installation project, and authorize the Mayor and City Clerk to execute the contract; and
f) establish a contingency of $259,000 (approximately 10 percent of total bid) to cover the cost of
unforeseen work not included in the original contract.
With Mayor Pro Tern O'Neill absent, the motion carried 6-0.
23. Visit Newport Beach, Inc. Fiscal Year 2023-24 Budget Supplemental [I00-20231
Mayor Blom indicated that Visit Newport Beach, Inc. denied the City's request for supplemental
budget data. He noted that, as a tax-exempt organization, salary data is public knowledge, Newport
Beach is their only client, and a follow-up letter will be sent in the pursuit of more information.
Without objection, the item was received and filet
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Kaci Courtright relayed multiple incidents on La Vida and University Drive, expressed concern for
pedestrian and vehicular safety, and requested increased law enforcement and the use of a red-light
camera.
XVIII. CURRENT BUSINESS
27. Amendment No. Three to Community Development Block Grant and Professional
Services Agreement with Mind OC — Be Well OC Mobile Crisis Response Team (C-8778-1)
[381100-20231 fo N
Assistant City Manager Finngigan utilized a presentation to discuss Be Well OC, review the
agreement and amenkments, and highlight the cost summary. She introduced Real Property
Administrator WhitlingOr and Dr. Kathryn Hamel, Be Well OC Vice President of Mobile Operations.
Council Member Kleiman thanked staff, noted refinements to the scope of work to support homeless
outreach efforts, and relayed ongoing attention to the daily schedule for staggered shifts to cover
more hours.
Council Member Stapleton thanked staff and the Ad Hoc Homeless Committee and, in response to
his questions, Assistant City Manager Finnigan confirmed that this year's expenses will total
$956,775 and Dr. Hamel indicated that the issue of individuals living in recreational vehicles is
being addressed.
Council Member Grant complimented staff for their hard work on the Be Well OC contract, looked
forward to the implementation of new provisions and improved partnerships, and expressed her
pride in the City.
Council Member Weigand supported the continued review and flexibility of the operating hours,
noted there are a number of people living in vehicles, and acknowledged the work and synergy
between staff, the Ad Hoc Homeless Committee, and Be Well OC.
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Council Member Avery discussed the work that has been done over his seven years on Council, time
and energy spent over the past 10 years through collaborative efforts, and the need for continued
work.
Jim Mosher discussed the number of police and fire department service calls related to Be Well OC
matters and questioned the impact this program has had on the calls for service count.
Mayor Blom relayed that the program has reduced the time taken on police and fire department
service calls and more reporting has been requested. He commended staff, the Ad Hoc Committee
on Homeless Task Force, and his colleagues for their work on this matter, and encouraged the City
to do as much as it can for the homeless issue in the most humane and sympathetic manner.
Motion by Council Member Grant, seconded by Council Member Kleiman, 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) approve Amendment No. Three to the
Community Development Block Grant Public Services and Professional Services Agreement with
Mind OC for the Be Well OC Mobile Crisis Response Team Program, with the term extended to June
30, 2024, and with the contract amount increased by $956,775 for a total amount not -to -exceed
$2,169,955, and authorize the City Manager and City Clerk to execute the agreement in a form
substantially similar to the agreement prepared 44
ity Attorne�
With Mayor Pro Tern O'Neill absent, themotion carried 6-0. I
28. Resolution No. 2023-53: Adopting Salary Ranges for the City Manager and City Attorney,
and Adjusting Base Salaries for City Manager and City Attorney [381100-20231
City Manager Leung and City Attorney Harp recused themselves due to potential impacts
on their finances.
Human Resources Director Salvini reviewed the proposed 5% base salary adjustment for the City
Manager and City Attorney.
Jim Mosher suggested that t nnlfal performance goals be posted, suspected the increase is being
proposed due to inflation, an estioned the salary ranges and budget amounts in the staff report.
Mayor Blom noted t is an amendment to existing contracts, directed Mr. Mosher to
Attachment C for a bre own of the cost differences in the contracts, and indicated that the salary
increases are performance based.
Human Resources Director Salvini noted that the City Attorney was already at the top of the range
at the time of the salary adjustment request, so the salary range rose 5%, and the City Manager
was not at the top of the salary range and, therefore, the range only increased 1.5%.
Motion by Mayor Blom, 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) adopt Resolution No. 2023-53, A Resolution of the City
Council of the City of Newport Beach, California, Adopting a New Salary Range for the City Manager
and City Attorney; c) approve and authorize the Mayor to execute Amendment B to the Third
Amended and Restated Employment Agreement for the City Manager (C-8568-4); and d) approve
and authorize the Mayor to execute Amendment B to the Seventh Amended and Restated
Employment Agreement for the City Attorney (C-7034-5).
With Mayor Pro Tem O'Neill absent, the motion carried 6-0.
Volume 65 - Page 615
City of Newport Beach
City Council Meeting
August 22, 2023
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 6:23 p.m. in memory of Mike Giddings
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
August 17, 2023, at 4:00 p.m.
Leilani I. Brown
City Clerk
Noah Blom
Mayor
Volume 65 - Page 616