HomeMy WebLinkAbout01 - MinutesJuly 25, 2023
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Regular Meeting
July 11, 2023
I. CONVENED AT 4:02 P.M. FOR REGULAR MEETING
II. ROLL CALL
Present: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member
Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council
Member Erik Weigand
III. INVOCATION — Pastor Drew Smithson, Orange County First Assembly of God, Santa Ana
IV. PLEDGE OF ALLEGIANCE — Mayor Blom
V. PRESENTATION
• Friends of the Library Check Presentation
Library Services Director Hartson introduced Pam Crook, Presi of the Friends of the Newport
Beach Library, who thanked the library and the many volunteers for their support and presented the
City with a $200,000 check.
VI. NOTICE TO THE PUBLIC
VII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Kleiman:
• Attended the Police Foundation Com Safety Insights event, a call with the Mayor, staff, and
Federal Aviation Administration (F )representatives where it was announced that the two turn
departure procedure that follows tivnes of the Back Bay has been given the green light for carriers
to fly out of John Wayne Airport (JWA)
• Announced an Aviation Committee meeting on July 17, 2023
• Attended the Southern California Association of Governments (SLAG) Regional Council meeting,
the Community, Economic & Human Development (CEHD) Committee meeting, the OASIS Senior
Center general membership meeting, and the Newport Beach Police Department (NBPD) promotion
and swearing -in ceremony
Council Member Stapleton:
• Attended the Newport Beach Police Foundation Community Safety Insights event
• Commended staff and public safety personnel for the July 4th events
• Attended the 9th annual Ben Carlson Scholarship Dinner, the NBPD promotion and swearing -in
ceremony, and a CR&R Transfer and Material Recovery Facility tour in Stanton with Council
Members Grant and Kleiman
• Announced a Make -A -Wish Foundation macaroni and cheese eating contest for National Mac and
Cheese Day on July 14, 2023
Council Member Grant:
• Attended the Lake Forest Homeless Resources Information Night and the OASIS Senior Center
Wine and Cheese Night
• Commended Recreation and Senior Services staff for the Balboa Peninsula July 4th Parade and
Council Member Weigand for the July 4th Mariners Park Independence Day Parade
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July 11, 2023
• Thanked Dotty McDonald for coordinating donations of almost $25,000 in gift cards for the Police
Department
• Attended the CR&R Transfer and Material Recovery Facility tour in Stanton
Council Member Weigand:
• Noted the success of the July 4th Mariners Park Independence Day Parade and thanked Mayor Pro
Tem O'Neill, Council Member Grant, the volunteers, and staff
• Utilized a slide to discuss the 27th Annual Gray Lunde Ironman Competition, described the route,
and noted he also participated in the event with the Junior Lifeguards
Council Member Avery:
• Attended the July 4th Lido Isle community parade, Castaways Park to watch fireworks, and a
regatta with the American Legion Yacht Club
Mayor Pro Tem O'Neill:
• Attended the Friends of OASIS Board Meeting and swore in the new members of the board
• Visited the Caltech Kerckhoff Marine Laboratory with his son
• Announced the Make -A -Wish Orange County Chapter fundraiser on July 14, 2023, at Cappy's Cafe
where he will compete with the Mayor in a mac and cheese eating contest for National Mac and
Cheese Day
VIII. PUBLIC COMMENTS ON CONSENT CALENDA
Council Member Stapleton expressed enthusiasm for the start of the trash interceptor project (Item 4).
Mayor Pro Tem O'Neill requested his commeir on page 579 of the minutes (Item 1) be amended to
read, "... noted that this Council will not opposition to his heroic acts to go unchallenged ..."
Aft
Randall English supported the trashinterceptor project (Item 4).
Bill Kenney, Newport Harbor Foundation, supported the San Diego Creek Trash Interceptor project
(Item 4).
IX. CONSENT CALENDAR
1. Minutes for the June 27, 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. 2023-11: Prohibiting Interference with Public Access, Unpermitted
Structures on Public Property and Certain Conduct on Public Property [100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2023-11, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Chapter 10.08 to Prohibit Interference with
Public Access; Adding Chapter 10.14 Prohibiting Unpermitted Structures on Public Property;
and Amending Section 11.04.070 to Prohibit Certain Conduct in Public Parks, Park Facilities
and at Public Beaches.
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CONTRACTS AND AGREEMENTS
4. San Diego Creek Trash Interceptor — Award of Contract No. 7127-5 (17X12) [381100-2023]
a) Find the requirement for environmental review under the California Environmental Quality
Act ("CEQA") is satisfied by the September 25, 2018 Council adoption of Resolution No. 2018-
67, A Resolution of the City Council of the City of Newport Beach, California, Adopting Mitigated
Negative Declaration No. ND2018-002 (SCH No. 2018081013) for the Newport Bay Water Wheel
Project (PA2018-153), pursuant to the California Environmental Quality Act, State CEQA
Guidelines and City Council Policy K-3;
b) Approve the project plans and specifications;
c) Approve Budget Amendment No. 24-008 appropriating $1,173,075 in increased expenditures in
Account No. 16001-980000-17X12 (Newport Bay Trash Wheel) from the unappropriated
Environmental Liability fund balance;
d) Approve Budget Amendment No. 24-008 increasing State grant revenues and expenditure
appropriations by $1,600,000 in the Environmental Contributions Fund;
e) Authorize the City Manager, or designee to enter into an agreement with the California
Department of Water Resources for the acceptance of $1,600,000 in State grant funds;
f) Award Contract No. 7127-5 to Jilk Heavy Construction, Inc., for the bid price of $3,981,074 for
the San Diego Creek Trash Interceptor project, and authorize the Mayor and City Clerk to
execute the contract;
g) Establish a contingency of $398,000 (approxi�iately 10 percen�t+f total bid) to cover the cost of
unforeseen work not included in the original contract; and 4
h) Approve Amendment No. Three to the Professional Services Agreement with Burns &
McDonnell Engineering Company (Burris & McDonnell), Inc. for construction services to
increase the total not -to -exceed amount by $*,501 for a total not -to -exceed amount of $888,210
and authorize the Mayor and City Clerk to execute the Amendment.
5. Amendment No. Two to On -Call Maintenance/Repair Services Agreement with Pacific
Towing, LLC for On -Call Vessel Towing Services (C-7130-3) [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 the environment, directly or indirectly; and
b) Approve Amendment No. Two to On -Call Maintenance/Repair Services Agreement with Pacific
Towing, LLC for On -Call Vessel Towing Services at a not -to -exceed amount of $150,000 through
September 30, 2024, and authorize the Mayor and City Clerk to execute the amendment.
6. Award of Professiorvices Contract to Willdan Financial Services for Special
District Administrat Services Related to Special Tax and Assessment Districts
(C-9364-1) [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;
b) Approve a five-year Professional Services Agreement with Willdan Financial Services for special
district administration services for the five-year period ending June 30, 2028, and a total not -
to -exceed amount of $395,000; and
c) Authorize the Mayor and City Clerk to execute the Agreement.
7. Approval of Inter -Agency Instructional Services Agreement with Rancho Santiago
Community College District (C-7113-3) [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 a Standard Inter -Agency Instructional Services Agreement with Rancho Santiago
Community College District and authorize the Fire Chief and City Clerk to execute the
Agreement.
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8. Data Center Server and Storage Replacement (C-9365-1) [381100-20231
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly;
b) Approve the purchase, installation, and support services of Dell Servers and Storage from
Lanair Technology Group of Glendale, California, using CA NASPO pricing, and authorize the
City Manager to execute a purchase order in the amount of $278,924.14; and
c) Approve Budget Amendment No. 24-007 appropriating $278,924.14 in increased expenditures
in Account No. 7657650-911032 Data Center Hardware from the IT Replacement Internal
Service Fund 765.
MISCELLANEOUS
9. Planning Commission Agenda for the July 6, 2023 Meeting [I00-2023]
Receive and file.
10. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library
and Appropriate Funds to the Library's Fiscal Year 2023-24 Maintenance and Operation
Budget [100-20231 Ak `
a) Determine this action is exempt from the California VIvironmental 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) Accept a check in the amount of $200,000 from the Friends of the Newport Beach Library and
approve Budget Amendment No. 24 IM to increase expenditures by the same amount in
Division 0106052 (Friends of the Library).
11. Confirmation of Appointment to the General Platt Advisory Committee [241100-20231
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) Confirm the General Plan Update Steering Committee's recommended appointment of
Ritch LeGrand to fill the unschedule3vacancy on the General Plan Advisory Committee.
12. Confirmation of Voting Delegateand Alternate for the 2023 League of California Cities
Annual Conference - September 20, 2023 to September 22, 2023 [I00-20231
a) Determine that the action'is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical ,igiange to the environment, directly or indirectly;
b) Designate Council Member Erik Weigand to be the voting delegate and Council Member
Robyn Grant to be the alternate voting delegate at the 2023 League of California Cities
Conference; and
c) Direct the City Clerk to complete and submit the designation form to the League of California
Cities.
Motion by Mayor Pro O'Neill, seconded by Council Member Avery, to approve the Consent
Calendar; and noting the amendments to Item 1.
The motion carried unanimously.
X. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Chase Wickersham, American Legion Post 291, provided a handout and reviewed the organization's
background, history, remodel since the 1979 fire, seawall reinforcement, charitable activities, amenities,
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and assistance to veterans. He asked Council to support their 100th Anniversary with Newport Beach
on July 4, 2024, and thanked the City for its support of local veterans.
XII. PUBLIC HEARING
13.Ordinance No. 2023-12: Amendment to the Newport Village Planned Community
Development Plan to Allow Recreational Uses Within Area 1 (PA2023-0071) [10012023]
Mayor Blom recused himself due to real property interest conflicts.
Community Development Director Jurjis and Associate Planner Perez utilized a presentation to
display the vicinity and site maps, and discuss zoning for allowable future recreational uses.
Mayor Pro Tem O'Neill opened the public hearing. Hearing no testimony, he closed the
public hearing.
Motion by Council Member Stapleton, seconded by Council Member 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, and introduce Ordinance No. 2023-12, 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 Allow Recreational Uses within Area 1 (PA2023-
0071), and pass to second reading on July 25, 2023.
With Mayor Blom recusi m the motion carried 6-0.
XIII. CURRENT BUSINESS
14. Ad Hoc Residential Crime and Burglary Advisory Committee Recommendations
[241100-20231
Police Chief Cartwright and Committee Chair Bill Hartford thanked Mayor Blom, fellow committee
members and staff, a-*d utilized a presentation to discuss the committee's responsibilities and
recommendations.
Mayor Pro Tem O'Neill thanked the committee for their work, noted increased work by the Newport
Beach Police Foundation and ideas for fundraising, anticipated that the discussion regarding license
plate readers will return during a future study session, reviewed the drone program used by the
Beverly Hills Police Department, suggested expanding a partnership with the City of Irvine, and
thanked the committee for providing helpful information.
Council Member Stapleton thanked the residents for their participation and expressed interest in
continued review of the Beverly Hills Police Department's strategies to provide tools and resources
to first responders that help protect the City.
Council Member Kleiman thanked the committee for their time, research, and recommendations,
and expressed interest in hearing more from the Newport Beach Police Department (NBPD) for
further discussion on what they would like to see.
Lee Pearl, Committee Member, thanked Council for the opportunity to participate in the process,
noted it has been 30 years since he worked at a police department and the changes in technology,
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relayed that Council can take this report and discuss new opportunities with the police department,
noted that the Beverly Hills Police Department was given resources for over 20 years, and believed
the NBPD is a great department and can give residents an even better police department than ever
before.
Mayor Blom thanked the NBPD and indicated that Council will take the recommendations to heart.
Council Member Weigand expressed support for the recommendations, suggested ways to utilize
them, and noted areas for future discussion.
In response to Council Member Weigand's question, Police Chief Cartwright thanked the committee
and noted a robust public engagement program, plans for more engagement, and a nimble and
efficient technology approach that fits the City best.
Mayor Blom indicated that Council will wait for recommendations from the NBPD and thanked the
committee and police force for bringing the matter forward. A
15. Request to Commit $3 Million in Funding to American Family Housing for the Travelodge
North Homekey Project at 1400 Bristol Street, Costa Mesa [100-2023]
Assistant City Manager Finnigan and Real Property Administrator Whitlinger stated that project
developers, Ryan Lehman and Milo Peinemann, from American Family Housing are in attendance
and utilized slides to discuss the proposed project and funding sources, the City's project
participation/loan, summary, and next steps.
Council Member Grant relayed the work done by the Council Ad Hoc Committee on Homeless Task
Force consisting of herself, Mayor Blom, and Council Member Kleiman, challenges related moving
people from the shelter into permanent supportive housing and the City's lack of ownership of the
process, urged caution with how the 12 units are structured to achieve fluidity between the shelter
and supportive housing, relayed the opportunity to repurpose the loan dollars, indicated she felt
encouraged, thanked staff for their work on this matter, and stated she looked forward to more
details before committing $3 million.
Council Member Weigand read an Ocerpt from a letter from American Family Housing and noted
that 12 units will be allotted for Newport Beach. In response to his question, Assistant City Manager
Finnigan clarified that Costa Mesa will receive 16 units for their $4 million commitment.
Council Member Kleimax expressed general support for allocating the funds but the need for more
steps before moving forward, and expressed concern for getting what is expected with clearly
delineated agreement terms and whether the City will be limited or excluded from receiving
additional units.
Council Member Avery noted that every city will be experiencing expenses on the homelessness
solution, that the City is fortunate to be able to do this, 12 units is just the first step, expressed
support for the City's efforts, and supported the request.
In response to Council Member Stapleton's question, City Manager Leung explained that $2 million
of the funding will come from development agreements with an affordable housing piece, but
initially the funds will come from the General Fund until it is replenished by the development
agreements. Council Member Stapleton noted that homelessness requires a regional solution.
Helen Cameron, Newport Beach Homeless Collective Group, noted the significance of this
accomplishment and expressed optimism regarding the development, relayed her pride to be part of
a City taking action, noted the long term investment of providing housing, predicted that the City
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will have access to more units in the future, endorsed the American Family Housing efforts, noted
veteran housing, and thought solutions like this are needed.
John Holm asked Council to consider offering a secured parking lot for the homeless to stay and
keep their belongings while they look for a job, suggested a three-month supportive job search
period, noted that shelters are full, and discussed challenges with moving personal items.
Jim Mosher referenced the American Family Housing letter and expressed curiosity regarding the
current pool and occupancy status of permanent supportive housing in Orange County.
Mayor Blom thanked the developers for bringing the matter forward, noted it is not an easy project
due to the lengthy search for solutions and challenges with securing beds, and commended staff for
getting the City to this point.
Motion by Mayor Pro Tem O'Neill, seconded by Council Member Grant, to a) determine this
action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; b) approve Budget Amendment No. 24-009
appropriating $2,000,000 from General Fund surplus funds for Fiscal Year 2022-23 and transferring
$1,000,000 from the General Fund CIP Fund to commit $3,000,000 toward this project as further
outlined in the report; and c) approve a commitment of $3,000,000, and authorize the City Manager
to execute a Commitment Letter to American Family Housing for the conversion of the Travelodge
North Motel property at 1400 Bristol Street, Costa Mesa, CA, in connection with the application for
Homekey Round 3 permanent supportive housing project funding.
The motion carried unanimously. I
XIV. MOTION FOR RECONSIDERATION — None
XV. ADJOURNMENT — 4:58 p.m. .
The agenda was posted on the City's wee— site and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on July 6,
2023, at 4:00 p.m.
Leilani I. Brown
City Clerk
Noah Blom
Mayor
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