HomeMy WebLinkAbout10/10/2023 - Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Regular Meeting
October 10, 2023
I. ROLL CALL - 4:00 p.m.
Present: Mayor Noah Blom, Councilmember Brad Avery, Councilmember Robyn Grant,
Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember
Erik Weigand
Excused: Mayor Pro Tem Will O'Neill
II. PUBLIC COMMENTS ON AGENDA AND NON AGENDA ITEMS
Regarding Closed Session Item III.B, Jim Mosher reminded Council of Newport Beach's property values
and hoped that a sale or lease extension below market rate is not being considered.
Debbie McGuire, Executive Director at Wetlands and Wildlife Care Center, referenced an email she sent
to Council proposing a rate increase for the Center's services, reviewed the animal in -take count and
costs in 2022, and asked Council to consider improving the agreement.
Gary Devine discussed recovery homes in Santa Ana Heights, a new application on Indus Street,
experiences with current facilities, and asked the City to help stop more recovery homes from being
established in the neighborhood.
Michelle Wilkins expressed concern for safety in her neighborhood, discussed the impacts of living near
a recovery home, and asked the City for help with this matter.
Jennifer Haining shared her experience during a break-in to her home by a recovery facility resident
and asked for Council's help with this matter.
Chet Groskreutz discussed the history of the residents living in Sherwood Estates, noted that recovery
facility compliance mandates are not being followed, and stated that the community will do all they can
to protect themselves.
Jessica Arnold read Health and Safety Code § 1520.5, discussed the impacts of mental health facilities
in her neighborhood, and questioned licensing and enforcement of the code.
John Wong discussed residential facilities and asked Council to enforce the law to the maximum extent.
Travis Haining believed that security and supervision are needed for the residents in the mental health
facilities and asked for each member of Council to make a follow-up phone call relative to the letter
written by Assistant City Manager Jurjis.
Russell Niewiarowski discussed zoning, questioned why businesses are allowed in a residential zone,
noted an opportunity for the City to uphold single-family residential zoning, and supported putting
recovery facilities in business zones.
Steve Pappas discussed the changes to the neighborhood and mental health facility residents waiting
on curbs, the increase in crime, the smell of cigarette smoke, and personal encounters.
Bill Finster asked for Council's help to control the development of mental health facilities in the
neighborhood.
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City Attorney Harp agreed that there is an over concentration of State -licensed facilities in this
neighborhood and discussed the 1621 Indus Street mental health license application to the State, State
laws prohibiting local regulation, the two letters sent last week to the State in opposition to allowing
additional facilities, the City's work since 2006 with litigation, the request for State legislators to return
local control and regulation, and the City's continued efforts.
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.
III. CLOSED SESSION - Council Chambers Conference Room
Regarding Closed Session Item IILB, Councilmember Grant recused herself due to a personal
conflict and Councilmember Weigand recused himself due to receiving campaign
contributions exceeding $250.
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
State Farm General Insurance Company v. City of Newport Beach
Orange County Superior Court Case No. 30-2022-01279624-CU-PO-CJC
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 883 W. 151h Street, Newport Beach, CA 92660 - APN: 424-011-37
City Negotiators: Seimone Jurjis, Assistant City Manager and Lauren Wooding Whitlinger,
Real Property Administrator.
Negotiating Parties: David Bahnsen for Pacifica Christian High School - Orange County
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
IV. RECESSED - 4:32 p.m.
V. RECONVENED AT 5:01 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Mayor Noah Blom, Councilmember Brad Avery, Councilmember Robyn Grant,
Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember
Erik Weigand
Excused: Mayor Pro Tem Will O'Neill
VII. CLOSED SESSION REPORT
City Attorney Harp reported that no reportable actions were taken.
VIII. INVOCATION - Dr. Ahmed Soboh, Religious Director, Islamic Shura Council of Southern
California
IX. PLEDGE OF ALLEGIANCE - Mayor Blom
X. NOTICE TO THE PUBLIC
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XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Kleiman:
• Attended the Orange County Council of Governments (OCCOG) meeting, the Southern California
Association of Governments (SCAG) meeting, and the annual Still Protecting Our Newport (SPON)
meeting, the Newport Beach Foundation Distinguished Citizen Program Kick -Off, and the
loth Annual Marian Bergeson Women of Character Awards and congratulated Robyn Grant for
graduating from the Marian Bergeson Excellence in Public Service Series
• Announced the Aviation Committee meeting on October 16, 2023
Councilmember Stapleton:
• Attended the Newport Beach Foundation's 3rd Annual Rooftop Soiree and the Newport Beach
Public Library Foundation's event with Councilmember Grant
• Announced that the Newport Beach Film Festival begins on October 12, 2023
• Visited the Newport Christian School to speak with second grade students about local government,
and the State of the Schools Breakfast
Councilmember Grant:
• Noted the many opportunities as Councilmembers to participate in local community nonprofit and
business events
• Attended the Newport Beach Chamber of Commerce's 61st Annual Sandcastle Contest, the Newport
Harbor Lawn Bowling Club's U.S. Open opening ceremony and recognized Anne Nunes for her win
as the World Champion of Champions held in Australia, the Newport Beach Public Library
Foundation event, and the Fire Department's Fire Service Day at Fire Station 7
• Discussed the Second Harvest Food Bank that works to support 300 food pantries and distribution
centers throughout the County and noted $16 million was raised by philanthropic group,
Harvesters, which was started by Jill Johnson -Tucker
Councilmember Weigand:
• Attended the Christ Church by the Sea Sanctuary Rededication after vandalism destroyed their
windows, and thanked the Police Department for their assistance in the matter and congratulated
the church for its fundraising efforts
• Commended Councilmember Grant for graduating from the Marian Bergeson Excellence in Public
Service Series
• Attended the Fire Department's Fire Service Day at Fire Station 7
Councilmember Avery:
• Attended the Orange County Sanitation District Operations Committee meeting and announced
being moved to its Administration Committee
XII. PUBLIC COMMENTS ON CONSENT CALENDAR — None
XIII. CONSENT CALENDAR
1. Minutes for the September 26, 2023 City Council Meeting
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.
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2023-56: Approval of the 2022 Urban Areas Security Initiative Grant
Program Transfer Agreement (C-7042-8)
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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;
b) Adopt Resolution No. 2023-56, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Agreement for Transfer or Purchase of Equipment/Services or for
Reimbursement of Training Costs for Fiscal Year 2022 Urban Areas Security Initiative (UASI)
Between the City of Newport Beach and the City of Anaheim; and
c) Authorize the City Manager and City Clerk to sign the agreement.
4. Resolution No. 2023-57: Authorizing the Submittal of the Whale Tail Grant Application to
the California Coastal Commission for Funding of the Junior Lifeguard Scholarship
Program
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. 2023-57, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Application for and Securing of Funds from the California Coastal
Commission's Whale Tail Grant Program for the Junior Lifeguard Scholarship Program; and
c) Authorize the City Manager, or her designee, to sign grant documents and any other
documentation necessary to secure grant funding.
Resolution No. 2023-58: Investment Policy Update
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. 2023-58, A Resolution of the City Council of the City of Newport Beach,
California, Finding Consistency with Stated Investment Objectives and Amending City Council
Policy F-I (Statement of Investment Policy) to Add Clarifying Language that is Consistent With
Government Code Section 53600, et seq. and to Allow for Greater Investment Diversification.
6. Resolution No. 2023-59: Accepting a Grant from the State of California, Division of
Boating and Waterways for the Surrendered and Abandoned Vessel Exchange Program
(C-7252-4)
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. 2023-59, A Resolution of the City Council of the City of Newport Beach,
California, Accepting a Grant from the State of California, Department of Parks and Recreation,
Division of Boating and Waterways for the Surrendered and Abandoned Vessel Exchange
Program (SAVE); and
c) Approve Budget Amendment No. 24-024 recognizing $175,000 in grant revenue from the
California Division of Boating and Waterways (13501-431385-24H13) and appropriating
$175,000 to Account No.13501-980000-24H13 and $17,500 to Account No. 10001-980000-24H13
(Abandoned Watercraft Abatement CIP Expenditure).
CONTRACTS AND AGREEMENTS
7. Purchase and Installation of Vehicle Exhaust System Capture Equipment — Award of
Contract No. 8889-1 (23M12)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301—Class 1 (addition of health protection devices in conjunction with existing
facilities) of the CEQA Guidelines, because this project has no potential to have a significant
effect on the environment;
b) Approve the project documents and specifications;
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c) Award Contract No. 8889-1 to Air Exchange, Inc., for the total bid price of $355,210.79 for the
Purchase and Installation of Vehicle Exhaust System Capture Equipment, and authorize the
Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $35,522 (approximately 10 percent of the total bid) to cover the cost
of unforeseen work not included in the original contract.
8. Professional Services Agreements with Aleshire & Wynder, LLP, JL Group, LLC, and
Jones & Mayer for Hearing Adjudication Services
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Authorize the Mayor and City Clerk to execute a three-year agreement with Aleshire & Wynder,
LLP for hearing adjudication services, with a not -to -exceed compensation amount of $60,000
(C-9440-1);
c) Authorize the Mayor and City Clerk to execute a three-year agreement with JL Group, LLC for
hearing adjudication services, with a not -to -exceed compensation amount of $60,000 (C-9440-2);
and
d) Authorize the Mayor and City Clerk to execute a three-year agreement with Jones & Mayer,
LLC for hearing adjudication services, with a not -to -exceed compensation amount of $60,000
(C-9440-3).
9. Approval of Professional Services Agreements with Multiple Parking Pay -by -Cell
Providers and Data Aggregator
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 Professional Services Agreement with HotSpot Parking, Inc. for Pay -By -Cell Parking
Services in an amount not -to -exceed $1,472,000, and authorize the Mayor and City Clerk to
execute the agreement (C-9441-1);
c) Approve a Professional Services Agreement with IPS Group, Inc. for Pay -By -Cell Parking
Services in an amount not -to -exceed $764,400, and authorize the Mayor and City Clerk to
execute the agreement (C-9442-1);
d) Approve a Professional Services Agreement with Parkmobile, LLC for Pay -By -Cell Parking
Services in an amount not -to -exceed $1,609,400, and authorize the Mayor and City Clerk to
execute the agreement (C-7079-2);
e) Approve a Professional Services Agreement with PayByPhone Technologies (PayByPhone) for
Pay -By -Cell Parking Services in an amount not -to -exceed $1,472,000, and authorize the Mayor
and City Clerk to execute the agreement (C-9443-1); and
f) Approve a Professional Services Agreement with ParkHub, Inc. for Pay -By -Cell Provider
Payment Aggregator services, in an amount not to exceed $294,000 (C-9444-1).
10. Award of Professional Services Agreement with Laz Parking, LLC for Parking
Management and Parking Enforcement Services (C-9445-1)
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;
b) Approve a five-year Professional Services Agreement with Laz Parking, LLC for parking
management, and parking enforcement services for a five-year period ending October 31, 2028,
and a total not -to -exceed amount of $9,967,286;
c) Establish a contingency of $906,117 (10 percent of Laz Parking's proposed cost) to cover the cost
of unforeseen purchases or additionally required labor. This contingency is included in the
not -to -exceed amount of $9,967,286; and
d) Authorize the Mayor and City Clerk to execute the Agreement.
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11. Amendment No. Two to Lease Agreement with Lighthouse Cafe, LLC for the Restaurant
at Marina Park Located at 1600 West Balboa Boulevard (C-6075)
a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) 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; and
b) Authorize the Mayor and City Clerk to execute Amendment No. Two to Marina Park Lease
Agreement Between the City of Newport Beach and Lighthouse Caf6, LLC, for expanded use of
City of Newport Beach property located at 1600 West Balboa Boulevard, in a form substantially
similar to the Amendment No. Two prepared by the City Attorney.
12. Pulled from the Consent Calendar
13. Acceptance of the State of California Office of Traffic Safety Selective Traffic
Enforcement Program Grant PT24131 (C-8201-8)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Authorize the City Council to accept a $376,000 Selective Traffic Enforcement Program
award granted to the Newport Beach Police Department by the State of California, Office of
Traffic Safety per City Council Policies F-3 and F-25. To comply with City Council
Policy F-3, the City Council must formally accept the award of $376,000 and create a new
appropriation to expend the funds; and
c) Approve Budget Amendment No. 24-021 increasing Newport Beach Police Department revenue
estimates and expenditure appropriations by $376,000.
Motion by Councilmember Kleiman seconded by Councilmember Stapleton, to approve the
Consent Calendar, except for the item removed (Item 12); and noting the amendments to Item 1.
With Mayor Pro Tem O'Neill absent, the motion carried 6-0.
XIV. ITEM REMOVED FROM THE CONSENT CALENDAR
12. Joint Powers Agreement with County of Orange, and an Amended and Restated Ground
Lease with Newport Aquatic Center, Inc. for North Star Beach Located at 1 Whitecliffs
Drive (C-2637)
Recreation and Senior Services Director Levin and Real Property Administrator Wooding
Whitlinger utilized a presentation to discuss the guiding documents, display an aerial photo, and
review the amended and restated Ground Lease, improvements to the Ground Lease, and Facilities
Management Plan.
In response to Councilmember Avery's request, Real Property Administrator Wooding Whitlinger
explained City Council Policy F-7 (Income and Other Property) and confirmed that the Newport
Aquatic Center (NAC) Board of Directors is self-perpetuating.
Councilmember Avery complimented the NAC, recognized the water opportunities for adults and
youth, and thought the new agreement is more robust than the previous agreement and forgoes City
Council Policy F-7. He acknowledged past lawsuits but wanted to focus on the positive aspects of
moving forward, noted new elements in the Amended and Restated Ground Lease Agreement for
reporting, expressed concern for a self-perpetuating board of directors, proper facility management,
satisfaction with staff, NAC's development of the agreement, and requested random and
unannounced site inspections. Recreation and Senior Services Director Levin stated that
Section 19.1 (Site Walk) can be changed to "without prior notice" and reflect that more than annual
inspections can occur. Councilmember Avery thought the language for Sections 19 and 20 made the
agreement strong between both parties and thanked staff.
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Councilmember Grant stated that the amount of time and effort spent by staff and NAC in preparing
a resident and member -focused agreement is commendable, as well as waiving City Council Policy
F-7 without compromising the protocols and land obligations, and suggested oversite be at the
discretion of the Recreation and Senior Services Director, pursuing board member term limits, and
adding a City -appointed board member.
Councilmember Kleiman echoed gratitude to both sides, thought the NAC is an asset to the
community, and suggested adding locked, overnight restrooms and prohibiting overnight parking to
the agreement.
Councilmember Stapleton thanked and complimented staff and NAC.
Jim Mosher expressed concern that the Joint Power Agreement link in the agenda packet is not
working nor is the document location stated, questioned who the Facility Management Plan
approving and oversite person is, asked what the methods are to correct mismanagement, and noted
a discrepancy with the legal property description being leased to the NAC.
Mayor Blom acknowledged the work by the NAC, agreed with the widespread and equitable use of
the facility, and additional language being added regarding unnoticed inspections. In response to
his question, Real Property Administrator Wooding Whitlinger indicated that City Council Policy
F-7 was waived for the Boys and Girls Club lease. Mayor Blom supported waiving City Council
Policy F-7 for NAC's lease and the suggested alternate language.
City Attorney Harp confirmed that the changes to Section 19.1 to allow for inspections without prior
notice, adding a provision to close the restrooms outside of the facility's operating hours, and
prohibiting overnight parking of non-NAC vehicles can be made.
Motion by Mayor Blom, seconded by Councilmember Stapleton, to a) determine this action
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 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; b) authorize the Mayor and
City Clerk to execute the North Star Beach — Joint Power Agreement by and between the County of
Orange and the City of Newport Beach, to treat the property at 1 Whitecliffs Drive as a single parcel
and designate the City to administer and oversee its use, in a form substantially similar to the
agreement attached to the staff report; c) authorize the City Manager and City Clerk to execute the
Amended and Restated Ground Lease between the City of Newport Beach and Newport Aquatic
Center, Inc., for continued use of the property known as North Star Beach located at 1 Whitecliffs
Drive, in a form substantially similar to the amendment attached to the staff report; and d) approve
a waiver of City Council Policy F-7 — Income and Other Property based on the findings contained in
the staff report and the Lease, that conducting an open bid process or changing the tenant would
result in excessive vacancy, and the use of the property provides an essential or unique service to
the community and is of a public benefit, and might not otherwise be provided where an open bid or
full fair market value of the property be required, and based on the unique services provided by
tenant, its board members are appointed through a process that ensures board members maintain
the requisite experience and contributions to the tenant's operations.
With Mayor Pro Tern O'Neill absent, the motion carried 6-0.
XV. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher asked Council to reconsider the previous vote on the Mariner's Joint Use Agreement so the
City could gain the concurrence of the Library Board of Trustees (Item S13 from September 26, 2023). He
also noted the potential impact to public restroom needs (Item SS3 from September 26, 2023) and discussed
24-hour water access pursuant to the Newport Beach Municipal Code.
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XVI. PUBLIC HEARING
14. Ordinance No. 2023-15: Amendment to the Newport Village Planned Community
Development Plan to Update Definitions and Allowed Uses Within Area 5 (PA2023-0122)
Assistant City Manager Jurjis and Associate Planner Perez utilized a presentation to review the
Newport Village Planned Community Amendment for Area 5, uses and definitions, objectives,
proposed changes, and existing outdoor patios.
In response to Councilmember Grant's question, Associate Planner Perez relayed that the update is
in line with how the Newport Beach zoning code has blended parking rates for shopping centers
with outdoor dining and the Planned Community text will be consistent with the zoning code.
Assistant City Manager Jurjis noted code changes for the gross floor area that exclude outdoor
dining, a limit to outdoor dining, and changes that reflect more consistency.
Councilmember Avery noted this is encouraging for businesses and makes permitting easier and
quicker.
Mayor Blom opened the public hearing.
Shawna Schaffner, CEO of CAA Planning, thanked staff for their hard work and noted the goal of
the amendment is to conform to the City's zoning code standards.
Jim Mosher questioned the purpose of changing the definitions and suggested also updating
Planning Area 3 to the allowable and current uses.
Hearing no further testimony, Mayor Blom closed the public hearing.
Motion by Councilmember Grant, seconded by Councilmember Avery, to a) find the
introduction and adoption of this ordinance is not a project 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) waive full reading, direct the City Clerk
to read by title only, introduce Ordinance No. 2023-15, An Ordinance of the City Council of the City
of Newport Beach, California, Approving an Amendment to the Newport Village Planned Community
(PC-27) Development Plan to Update the Definitions and Allowed Uses Within Area 5 (Retail)
(PA2023-0122), and pass to second reading on October 24, 2023.
With Mayor Pro Tem O'Neill absent, the motion carried 6-0.
XVII. MOTION FOR RECONSIDERATION - None
XVHL ADJOURNMENT - 5:50 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 A<00 Civic Center Drive on
October 5, 2023, at 4:00 p.m.
Noah gTom, Mayor
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