HomeMy WebLinkAbout04/23/2024 - Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Regular Meeting
April 23, 2024
I. ROLL CALL — 4:00 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman,
Councilmember Erik Weigand
11. INVOCATION — Mayor O'Neill
I1I. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Stapleton
IV. PRESENTATIONS
• Recognition of Newport -Mesa Unified School District Students
Mayor O'Neill presented Certificates of Recognition to the Corona del Mar High School Girls Water
Polo Team for winning the 2024 CIF Southern Section Division 1 Championship. Additionally,
Mayor O'Neill recognized Marlee Solomon, Skyler Gassel, Duda Rodrigues, Demian Pryima, and
Anthony Manno from Newport Harbor High School's (NHHS) wrestling program and congratulated
them for winning individual wrestling CIF Championships and Master Meet Championships.
Councilmember Weigand expressed pride in the accomplishments of the wrestling team.
• Proclamation Recognizing The Literacy Project
Mayor O'Neill read and presented the proclamation to Sue Grant, founder of The Literacy
Foundation, who stated the program was launched in Newport Beach as a result of the community's
dedication to early education and thanked the City for its support.
Mayor Pro Tem Stapleton nominated Sue Grant and thanked her for her efforts in spreading literacy
through The Literacy Project and including him in the project.
V. NOTICE TO THE PUBLIC
VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Avery:
• Attended the NHHS Mentor Program Breakfast and the OASIS Senior Center Sailing Club opening
day event
Councilmember Weigand:
• Attended the NHHS Mentor Program breakfast, OASIS Senior Center Sailing Club opening day
event, and the Annual City Track Meet and thanked staff
Councilmember Grant:
• Provided an update from the San Joaquin Hills Transportation Corridor regarding toll enforcement
ordinance revisions, capital improvements projects, and the Live Oak Cattle Grazing Program
• Utilized slides to announce she visited the border to speak with U.S. Customs and Border Protection
with Assemblywoman Diane Dixon, as well as her attendance at the Newport Beach Fire
Department's Picklefest with Councilmember Kleiman
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Mayor Pro Tem Stapleton:
• Attended the Balboa Library's Storytime, Sports Talk, the International Boat Show, the OASIS
Senior Center Sailing Club opening day event, the homeless encampments behind Newport Shores
with the Public Works team, and OrangewoodFEST
• Announced the Newport Beach Foundation's Polo Tournament on May 4, 2024
Mayor O'Neill:
• Thanked the Newport Beach Library for hosting the Storytime that he attended
• Attended the Balboa Island Garage Sale with Councilmember Blom, the Lido Isle Homeowner's
Association (HOA) meeting, the NHHS Soccer Team banquet to present them with a proclamation,
and the Orange County District Attorney's Office Annual Crime Victims' Rights Ceremony
VII. PUBLIC COMMENTS ON CONSENT CALENDAR - None
VIII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 9, 2024 City Council Meeting
Waive reading of subject minutes, approve as amended, and order filed.
Councilmember Weigand abstained from Item 1 since he was not in attendance at the
meeting.
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
Ordinance No. 2024-8: Approving Newport Place Planned Community Development Plan
Amendment; and' Ordinance No. 2024-9: Approving Development Agreement for the
Residences at 1400 Bristol Street (PA2022-0296) (C-9243-2)
a) Find Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report
and 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative
Declaration prepared for the Residences at 1400 Bristol Street Project (PA2022-0296) in
compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K-3, and adopted by the City Council on April 9, 2024, by Resolution
No. 2024-22;
b) Conduct second reading and adopt Ordinance No. 2024-8, An Ordinance of the City Council of
the City of Newport Beach, California, Approving a Planned Community Development Plan
Amendment for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street
(PA2022-0296); and
c) Conduct second reading and adopt Ordinance No. 2024-9, An Ordinance of the City Council of
the City of Newport Beach, California, Approving a Development Agreement for the Residences
at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296).
4. Ordinance No. 2024-10: Approving Newport Place Planned Community Development
Plan Amendment; and Ordinance No. 2024-11: Approving Development Agreement for the
Residences at 1401 Quail Street (PA2023-0040) (C-9285-2)
a) Find Addendum No. 8 to the 2006 General Plan Update Program Environmental Impact Report
and 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative
Declaration prepared for the Residences at 1401 Quail Street Project (PA2022-0040) in
compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K-3, and adopted by the City Council on April 9, 2024, by Resolution
No. 2024-25;
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b) Conduct second reading and adopt Ordinance No. 2024-10, An Ordinance of the City Council of
the City of Newport Beach, California, Approving a Planned Community Development Plan
Amendment for the Residences at 1401 Quail Street Located at 1401 Quail Street (PA2023-0040);
and
c) Conduct second reading and adopt Ordinance No. 2024-11, An Ordinance of the City Council of
the City of Newport Beach, California, Approving a Development Agreement for the Residences
at 1401 Quail Street Project Located at 1401 Quail Street (PA2023-0040).
CONTRACTS AND AGREEMENTS
5. West Irvine Terrace and Balboa Island Water Main Replacement (Project Nos. 23W13 &
23W11) — Notice of Completion for Contract No. 7966-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
Councilmember Blom recused himself from Item 5 due to real property interest conflicts.
6. Street Pavement Repair Program (Fiscal Years 2022-23 and 2023-24) (Project No. 24R03)
— Notice of Completion for Contract No. 9379-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
7. Concrete Replacement Program FY 2023-24 (Project No. 24R06) — Notice of Completion
for Contract No. 9378-1
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
8. Newport Beach Mariners Library, Corona del Mar Lifeguard Substation, and Ben
Carlson Lifeguard Headquarters Heating, Ventilation, and Air Conditioning
Replacement Project — Notice of Completion for Contract No. 8760-1 (22F02)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
9. Central Library Elevator Modernization Project — Award of Contract No. 8939-1 (24F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(d), Class 1 (restoration or rehabilitation of deteriorated facilities involving
negligible or no expansion of existing use) of the CEQA Guidelines, 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. 8939-1 to Armstrong Cal Builders, Inc. for the total bid price of $1,023,500
for the Central Library Elevator Modernization project, and authorize the Mayor and City Clerk
to execute the contract; and
d) Establish a contingency of $155,000 (approximately 15% of total bid) to cover the cost of
unforeseen work not included in the original contract.
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10. Approval of a Maintenance Services Agreement for Storm Drain System Cleaning
Services with Ocean Blue Environmental Services, Inc. (C-9578-1)
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 Maintenance/Repair Services Agreement for Citywide storm drain system cleaning
services for a three-year contract term with an option for two additional years for a total not -to -
exceed amount of $2,585,000 over five years, and authorize the Mayor and City Clerk to execute
the agreement.
MISCELLANEOUS
11. Planning Commission Agenda for the April 18, 2024 Meeting
Receive and file.
12. Grants and Donations Report for the Quarter Ending March 31, 2024
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Receive and file.
Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Avery, to approve the
Consent Calendar; and noting the abstention by Councilmember Weigand on Item 1, the recusal by
Councilmember Blom on Item 5, and amendments to Item 1.
The motion carried unanimously.
IX. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
X. PUBLIC COMMENTS ON NON AGENDA ITEMS
Hein Austin advocated for the veterans who use the harbor and may be at risk for homelessness if the
mooring fees increased as proposed by the Harbor Commission. In response to his question, Mayor
O'Neill relayed that the City Attorney is the best City contact to speak to regarding an investigation
about the Housing Element.
Lee Pearl utilized a slide to show the proposed mosaic mural created by Barbara Abbott for Park Avenue
and Marine Avenue. He indicated that the mural was paid through fundraising, the artwork has gained
support from the City Arts Commission, he proposed an unveiling at the end of September, introduced
others involved with the project who were in attendance, and thanked Manouch Moshayedi for providing
the building for the mural. He provided handouts, as well as tile samples.
Adam Leverenz took issue that the items adopted at the April 10, 2024 Harbor Commission meeting
related to offshore mooring fee increases were not made available to the public before the meeting,
contended that compliance with the open meeting law was not met, and suggested the Harbor
Commission reconvene the meeting with proper noticing. He stated he was aware of an email in
February that indicated there was little use for public input on this matter. It was expressed that a
number of decisionmakers have been intimately involved and are equity members of Newport Harbor
Yacht Clubs and/or hold mooring permits, and that yacht clubs would be exempt from the fee increases.
He noted that58% of mooring permittees live outside the City and will be paying more than other permit
holders for use of the same State resource.
Gianna D'Egidio, UC Irvine student and poet, suggested that the City appoint a poet laureate to promote
poetic literacy, be a storyteller for the City, and be an ambassador for the art form. Mayor O'Neill
directed the matter to Library Services Director Hartson.
Eplanet Thunderstriker inquired about the receipt of a letter he submitted to a different county and if
any action was taken.
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Mayor O'Neill introduced and welcomed new Deputy Police Chief Javier Aguilar.
XI. PUBLIC HEARINGS
13. Resolution No. 2024-28: Appeal of Planning Commission's Approval of the Orange County
Sanitation District's Bay Bridge Pump Station and Force Mains Replacement Project at
250 East Coast Highway (PA2023-0076)
Councilmember Avery recused himself due to being on the Board of the Orange County
Sanitation District (OC San).
Senior Planner Lee utilized a presentation to review the project location, adjusted property lines,
proposed project pump station and force main vault, site development review, the California
Environmental Quality Act (CEQA) review, and conditions of approval.
Mayor O'Neill opened the public hearing.
John Erskine, Nossaman LLP partner and representative of the property owners, introduced the
team, noted that the appeal is to overturn the Planning Commission's project approval, and relayed
the reasons for the appeal, including a 30,000 square feet loss of visitor -serving and residential uses,
blocked views due to the size, little public outreach, and there are other alternative sites. He utilized
a presentation to outline the impacts of expanding the OC San pump station, the conceptual site
plan, location alternatives, and modified OC San access.
Michael Gelfand, representing the ownership of the Bayside Village Marina (BVM) and Back Bay
Landing project, noted alternative locations, noted the proposed plan cuts their project in half due
to easements, utilized a slide to highlight the truck traffic, and asked that Council exercise good
planning.
Members of the City Council disclosed the following ex parte communications which were all inside
the project scope:
• Mayor O'Neill met with the appellants
• Councilmember Kleiman met with both groups
• Councilmember Weigand met with OC San and the appellant's consulting team
• Councilmember Grant met with both groups
• Mayor Pro Tem Stapleton met with both groups
Mike Dorman, OC San Director of Engineering, utilized a presentation to outline why the project is
urgent and reviewed the remaining life of the pump station, location, site size, pump station size,
architecture, the impact to coastal views, and truck traffic. He reviewed a map of the pump station,
reasons for the project, asset management conditions, project overview, micro tunneling section, the
site study from 2014-2015, southside site 2 plan, expand -in -place location from 2016, alternative
locations discussed during 2016-2019, expand -in -place location from 2019, timeline for the expand -
in -place land, pump station site, new pump station design and access, BVM draft entry alternative,
pump station section and height, the electrical room, generator building, examples of pump stations
in the City, pump station architecture, construction traffic per the Environmental Impact Report
(EIR), traffic for normal pump station operation, and the project status summary.
In response to Mayor O'Neill's question, Mr. Dorman indicated that the daily truck traffic would
utilize F-150 and F-250 trucks, but larger trucks would be used for pump replacement work.
Mr. Erskine explained that the 2014 pump station upgrade was to extend its useful life 15-20 years,
reviewed impacts to the community and appellant, noted there is a 50% chance that the launch pit
for micro -tunneling will fail, believed that Location 3 is the best option, and discussed toxic issues
and the two mitigation measures.
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Heath Clarke, President of the Bayside Village Homeowners Association, expressed concern for the
impacts of the project to the community and asked the City to take all reasonable precautions
relative to pedestrian and bike safety, traffic congestion, fumes, noise, dust, debris, and ecological
impacts of the tunneling. Furthermore, he requested that the association be notified in advance of
any planned major disruptions and thanked staff for their work.
Jim Mosher noted the aesthetic concerns and impact to views, an unknown long-term impact, and
architectural transparency. He suggested questioning why the walls will expand along Pacific Coast
Highway.
Mr. Dorman discussed the minor upgrades in 2014, evaluations related to micro -tunneling, and the
reasons why the northeast corner is not viable.
Matt Wickersham, Alston & Bird, stated that the trial court found that the project does not violate
CEQA, the California Coastal Act, the Local Coastal Plan, or the Planned Community Development
Plan.
Robert Thompson, OC San General Manager, stated that OC San is committed to working with the
residents at every step of the construction process.
In response to Councilmember Kleiman's question regarding large trucks backing up on Pacific
Coast Highway (PCH), Mr. Dorman clarified that the plan is to have the chemical trucks come in
twice a month on the front on PCH and the staff trucks and major equipment come in on the access
road.
In response to Councilmember Weigand's concerns for the footprint size and access service road,
Mr. Dorman noted a new hydraulic standard that increases the wet well width, the foul air control
system that uses more space and needs to be close by, and the space needed to demolish and rebuild
the facility.
Cindy Mora, OC San Project Manager, stated that Cameron Mazar, Chief of Design at Caltrans,
expressed that he would not approve the bike lane with an entrance lane.
In response to Councilmember Weigand's concern for the roadway, Public Works Director Webb
stated the concerns expressed by Traffic Engineer Sommers included the nonstandard materials,
conflicting movements with cyclists and pedestrians, and the Orange County Transportation
Authority (OCTA) bus stop. He noted that Traffic Engineer Sommers prefers the original concept
for facility access, there are no known traffic accidents at that location, and trucks should not stick
out into traffic and block a lane. Councilmember Weigand suggested that the landowner shed some
land to make a better service entrance/exit and expressed concern for the road impacting future
development plans. Public Works Director Webb stated that OC San would need to comment on this
idea, thought that onsite circulation to access the site could be worked out between the parties, and
offered other delivery options.
Councilmember Weigand indicated he wanted a successful development and focused his concerns
on the size and location of the project and the service road.
In response to Mayor Pro Tem Stapleton's questions, Public Works Director Webb was unaware of
the circumstances for turning down the northeast corner option but offered to investigate again.
Mr. Dorman noted the schedule for shutting down a lane on East Coast Highway.
In response to Councilmember Grant's concern for the access road, Public Works Director Webb
thought there might be some merit in extending the process to vet the idea of extending the access
road in front on Coast Highway or bisecting the property but the State is in control of that decision,
relayed that the two parties have struggled to come up with a common consensus, and stated that
internal circulation will be needed.
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Hearing no further testimony, Mayor O'Neill closed the public hearing.
Mayor O'Neill stated that the Council needs to be clear about what is before them, noted the
litigation and a well -briefed appeal, appreciated the discussions, and relayed his dislike for using
eminent domain.
At the request of Mayor O'Neill, Assistant City Manager Jurjis described requirements in the traffic
management plan and for noticing.
Mayor O'Neill stated that he could not see anything in the findings that were inconsistent and is of
the opinion to deny the appeal.
Councilmember Kleiman expressed her displeasure in the use of eminent domain by OC San,
preferred they utilize the northeast corner, struggled making the findings for Findings D and E due
to the conflicts along PCH and would like to see them worked out in a way that makes more sense,
noted long term concerns about construction management and the potential for emergency work
under the bridge, and proposed a short extension to work with staff on an alternative.
Mayor O'Neill clarified that Councilmember Kleiman is referencing the Planning Commission
resolution when noting the findings.
Mayor Pro Tem Stapleton stated that the project needs to move forward, expressed an interest in
relocating the project off of PCH, and noted the importance of the project.
In response to Councilmember Weigand's question about continuing the item, Assistant City
Manager Jurjis expressed concern for updating and revising the EIR documents, the project
schedule, the feasibility issue, and how changes affect the CEQA documents if the Council continued
the item. He noted that the project would need to return to the Planning Commission before coming
back to the City Council if there were substantial amendments. City Attorney Harp concurred.
City Attorney Harp stated the item can be continued and brought back, or Council can direct staff
to return with a new resolution that upholds the appeal. He confirmed that there is a condition of
approval that addresses the building's scope matching the appearance of the development and
clarified next steps.
In response to Councilmember Grant's question, Public Works Director Webb explained that one
driveway is off Coast Highway, the primary access is off the service road, and directed comments to
OC San for the reason for keeping the access off Coast Highway. Mr. Dorman agreed to possibly
using smaller chemical trucks and looking at ways to only using the access road. Mr. Thompson
noted that the current station does not have rear access and has been compromised since the 1983
changes to PCH.
Councilmember Grant thought it was unfortunate that there has been no compromise between the
parties, everyone agrees the project is needed, and a good compromise might need more time.
Councilmember Weigand stated that the Planning Commission approved the entitlements and not
the conceptual site plan, he is hung up on the service road location, and expressed concern for
rushing the decision.
Mayor O'Neill thought the process has not been rushed, a lot more time will pass before construction
begins, and a core function of government is to make sure the City has a properly functioning sewer
system.
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Motion by Mayor O'Neill, seconded by Mayor Pro Tern Stapleton, to a) find this project
complies with the California Environmental Quality Act as it is consistent with the certified
Environmental Impact Report (EIR) for Project No. 5-67, also known as the Bay Bridge Pump
Station and Force Mains Replacement Project, as approved by the Orange County Sanitation
District, and the subsequent certified Addendum to the EIR; and b) adopt Resolution No. 2024-28,
A Resolution of the City Council of the City of Newport Beach, California, Denying an Appeal and
Upholding the Decision of the Planning Commission to Approve a Major Site Development Review
and Coastal Development Permit to Demolish an Existing Pump Station and Construct a New Pump
Station and Associated Force Mains at the Property Located at 250 East Coast Highway (PA2022-
0076).
In response to Councilmember Weigand's question, City Attorney Harp clarified that the primary
issue is to consider the project before Council and its findings and conditions can be added to the
approval without discussions about the service road once the project is complete.
In response to Councilmember Weigand's question, City Attorney Harp provided examples of
additional conditions. Mr. Thompson stated OC San was amenable to limiting the size of the
chemical trucks, but not removing access from PCH.
In response to Mayor O'Neill's questions, Mr. Thompson stated that the new configuration would
allow trucks to pull in, back up within the compound of the current design, offload, and then pull
through, but truck traffic through the development will increase with the use of smaller chemical
trucks.
In response to Councilmember Grant's question, Mr. Thompson confirmed that the trucks will enter
through the Coast Highway entrance, link up to the access road, go through the property, and down
Bayside Drive.
With Councilmember Avery recusing himself and Councilmembers Blom and Kleiman
voting "no," the motion carried 4-2.
Mayor O'Neill recessed the meeting at 6.18 p.m. and reconvened the meeting at 6:21 p.m.
with all members of Council in attendance.
14. Ordinance Nos. 2024-12 and 2024-13, and Resolution No. 2024-29: Revising Certain Fees
Within the Schedule of Rents, Fines and Fees, Authorizing the Waiver of Vehicle Tow
Fees, Adopting a Credit Card Convenience Fee, and Updating the Methodology for
Annual Consumer Price Index Calculations
Budget Analyst Marin utilized a presentation to review the fee study, authority for cost -recovery
based user fees, the new fees, summary of the recommended fees, timeline, and recommendations.
Mayor O'Neill read a statement published on County Supervisor Katrina Foley's social media.
Harbormaster Blank indicated that the proposed fee is a deposit in association with a reservation
for use of the human lift and clarified that the deposit will be returned if the reservation is honored.
He stated that the deposit is intended to be a deterrent for irresponsible use of the reservation
system and is refundable in the case of a hardship or a medical event precluding the reservation
from being honored. He recapped the events that led to proposing the deposit fee.
In response to Councilmember Weigand's question, Harbormaster Blank explained the approach to
using discretionary action and the goal of keeping the harbor clean, safe, and well enjoyed.
Councilmember Weigand expressed concern for creating a fee for one abusive user.
Councilmember Weigand expressed concern for a 2.85% credit card convenience fee and suggested
ways to lower the percentage and gave examples of utilities that do not allow credit card use. In
response to his inquiry about the implementation phases, Finance Director Al -Imam stated that
2.85% is an average from fees studied for utility bill payments and reviewed the approach, fee
implementation timeline by groupings, and public notice.
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Councilmember Grant suggested working with the one abuser of the lift and stated that she is not
in favor of implementing a deposit but is willing to consider it if and when there is more cost impact
to the City.
Mayor O'Neill suggested a broader approach that is not specific to this issue for handling this type
of behavior and questioned if related municipal code exists. In response, City Attorney Harp stated
that staff can handle this administratively per a municipal code provision.
Councilmember Blom expressed support for implementing deposits and staffs recommendations.
Mayor O'Neill opened the public hearing.
Jim Mosher suggested, in lieu of a deposit, include a warning on the reservation website about an
access fee for failed reservations. He discussed the difference in how the proposed fees are being
presented versus previous years, and the effective date for fees in the newly formatted fee schedule.
Adam Leverenz utilized a presentation to review a before and after illustration of Harbor
Department service fees, highlight guest mooring fee charges, and discuss off -shore mooring rates
and the disparity between pier permit fees. He also discussed the credit card convenience fee and
time lost when payments are made without a credit card.
Jessie Fleming noted a 120% increase in dinghy impound fees, took issue with the impact of
impounding dinghies, asked for everyone to work together, and for Council to reconsider the
impound fee.
Patricia Coomans stated that she will not give the harbor any rescued boats due to the fee increases,
has lost equity in her mooring by being charged the moorings fees, and thinks there is an unfriendly
harbor environment and many people are upset.
Eplanet Thunderstriker suggested that the 2.85% convenience fee be used only during tourism
season.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
Mayor O'Neill noted the choice of imposing a deposit for the lift or administrative procedures. In
response, City Attorney Harp stated the City can handle the administrative procedures internally
and Council can add this to the motion.
In response to Councilmember Weigand's questions, Harbormaster Blank stated that dinghies are
14 feet or less and reviewed that a time and resource study was conducted for determining
impounding and towing fees.
In response to Mayor Pro Tem Stapleton's question, Harbormaster Blank relayed that the lift abuser
has honored all his reservations so far this calendar year.
Councilmember Avery stated that the Harbor Department helps boaters in different ways without
a fee and the cost for them to take care of personal property is at the lowest cost.
Councilmember Weigand requested the convenience fee be implemented on January 1, 2025, so
more notice can be provided to residents.
Councilmember Avery noted how the boating community in the harbor takes care of each other and
hopes it will continue.
A straw vote to not impose a deposit fee for the use of the human lift and using an administrative
fee approach instead was unanimous.
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Mayor O'Neill supported moving forward with the convenience fee on July 1, 2024, so it can be used
toward infrastructure, the water itself, or the service side on the labor versus the credit card
company. Councilmember Weigand thought it would be nice to give more notice.
A straw vote regarding the convenience fee becoming effective July 1, 2024 passed 6-1 with
Councilmember Weigand dissenting.
Motion by Mayor O'Neill seconded by Councilmember 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) adopt amended Resolution No. 2024-29, A Resolution of
the City of Newport Beach, California, Revising and Adopting Fees Within the Schedule of Rents,
Fine and Fees, Including the Credit Card Convenience Fee, Waste Disposal Deposits for
Constructions Projects, Authorizing the Waiver of Vehicle Tow Fees, and Updating the Methodology
for Annual Consumer Price Index Calculations; c) waive full reading, direct the City Clerk to read
by title only, introduce amended Ordinance No. 2024-12, An Ordinance of the City Council of the
City of Newport Beach, California, Amending Section 3.36.030 of the Newport Beach Municipal Code
Related to Cost Recovery Percentages, and pass to second reading on May 14, 2024; and d) waive full
reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-13, An Ordinance
of the City Council of the City of Newport Beach, California, Amending Section 15.02.085 (Addition
of Section 105.3.1.1) of the Newport Beach Municipal Code Related to Demolition Waste Disposal,
and pass to second reading on May 14, 2024.
In response to City Attorney Harp and Councilmember Grant's questions, Finance Director Al -
Imam clarified that the credit card fees will be effective on July 13, 2024, except for fees adjusted
for CPI which will be effective on July 1, 2024, but charges will not appear on billing statements
until September/October.
Councilmember Weigand requested that a separate motion be taken regarding the credit card
transaction fee. Mayor O'Neill noted that the straw vote will put his opposition on record and be
reflected in the minutes.
The motion carried unanimously.
15. Resolution No. 2024-30: Community Development Block Grant - 2024-2025 Annual Action
Plan (C-8482-1F)
Real Property Administrator Wooding Whitlinger utilized a presentation to provide an overview of
the 2024-25 Annual Action Plan, programs, funding, and the motel voucher program.
Assistant City Manager Jurjis clarified that the numbers in the motel voucher program are
reflective of the first quarter and average around $3,000.
Real Property Administrator Wooding Whitlinger continued with the presentation to review the
recommended next steps.
Councilmember Kleiman thought the motel voucher program includes more than what the label
suggests. Real Property Administrator Wooding Whitlinger indicated that the additional program
funding allows the City to fully fund all the public service program requests and reviewed the scope
of the program, funding allocations, and who is doing the work on the homes for seniors.
Mayor O'Neill opened the public hearing.
Rosahnda Bermudez, Families Forward, commended Council for using CDBG funds to address
homelessness and homelessness prevention, relayed that she is proud of their partnership with the
City, and listed some program accomplishments.
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City of Newport Beach
City Council Meeting
April 23, 2024
Adam Leverenz noted the difficulty in dealing with homelessness and thought it did not look good
to have a line item for Starbucks in the quarterly expenses.
Eplanet Thunderstriker suggested that the City be part of a pilot program to help people who are
having difficulties in society.
Hearing no further testimony, Mayor O'Neill, closed the public hearing.
Mayor O'Neill expressed his excitement for the use of funds to replace the San Miguel Park
playground and the Americans with Disabilities Act (ADA) upgrades.
Councilmember Kleiman reminded staff and Council to be mindful that taxpayer dollars are spent
pursuant to a policy adopted by Council last summer.
Motion by Councilmember Kleiman, seconded by Mayor O'Neill, to a) find the approval of
the 2024-2025 Annual Action Plan exempt from the National Environmental Policy Act (NEPA)
pursuant to 24 CFR Part 58, Section 58.34; b) find the approval of the 2024-2025 Annual Action
Plan exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly; c) adopt
Resolution No. 2024-30, A Resolution of the City Council of the City of Newport Beach, California,
Approving the 2024-2025 Annual Action Plan for Allocation of the Federal Community Development
Block Grant Program Funds for Fiscal Year 2024-2025; and d) authorize the City Manager to
proportionally adjust appropriations to specific programs and projects as necessary to conform with
the final 2024-2025 formula grant allocation of CDBG funds from HUD if the appropriation is more
or less than $399,099, submit the 2024-2025 Annual Action Plan to HUD, execute the 2024-2025
CDBG Program Grant Agreement and all related documents on behalf of the City of Newport Beach,
execute all sub -recipient agreements with the non-profit organizations receiving allocations of
CDBG funds in the 2024-2025 Action Plan, and authorize the Community Development Director, or
his designee, to be the official representative of the City of Newport Beach, administer the 2024-
2025 Annual Action Plan and submit required environmental documentation to HUD for CDBG
projects.
The motion carried unanimously.
XII. MOTION FOR RECONSIDERATION — None
XIII. ADJOURNMENT — 7:21 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
April 18, 2024, at 4:00 p.m.
Will O'Neill
Mayor
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