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Home My WebLink About01 - Minutes - AmendedCity of Newport Beach City Council Meeting August 22, 2023 September 12, 2023 Agenda Item No. 1 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. 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. B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION — ANTICIPATED LITIGATION (Government Code § 54956.9 (d)(1) and (d)(4)): 1 matter Gloria Johnson, et al. v. City of Grants Pass United States Court of Appeals for the Ninth Circuit Case Nos. 20-35752; 20-35881 United States District Court for the District of Oregon Case No. 1:18-cv-01823-CL (The reason for holding a closed session is for the purpose !ftrring 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 his ase.) sl V. RECESSED — 4:37 p.m. VI. RECONVENED AT 5:30 P.M. FOR REGULAR EETING VII. ROLL CALL r 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 VIII. CLOSED SESSION REPORT Regarding Closed Sessior#tem 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 Volume 65 - Page 607 City of Newport Beach City Council Meeting August 22, 2023 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 (ACC-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 home ownership amendment hearing with the California Coastal Co ission • 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 Roundtable at Wild Rivers Council Member Avery: • Congratulated the Newport Beach Chamber of Commerce Citizen of the Year, Laird Hayes Mayor Blom: AM • Congratulated newly appointed Assistant City Manager Jurjis, commended the City Manager team and all department directors, and congratulated Fire Chief Boyles • Announced his trip to Maui on Thursday to tour Lahaina, Hawaii, and provide a donation from the Newport Beach Foundation 46 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 ofourrounding 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. Volume 65 - Page 608 City of Newport Beach City Council Meeting August 22, 2023 23. Pulled from the Consent Calendar 24. Response to Grand Jury Report: "Welcome to the Neighborhood" [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; 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?" [100-20231 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve 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 Gran V ry^ort "Historic Rain, Yet Drought Remains" [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; and b) Approve the City's response to the 2022-2023 Orange County Grand Jury Report "Historic Rain, Yet Drought Remains" and authoriz 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 (Items 12 and 23); and noting the recusals by Council Member Stapleton to Items 3 arm 11, and the � amendments to Item 1. With Mayor Pro Tern O'Neill absent, the motion carried 6-0. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 12. Arroyo Park Synthvic Turf Field Installation — Award of Contract No. 8891-2 (23P11) [381100-20231 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 -purchase cost and whether the turf is made from recycled material and can be disposed or recycled at the end of its life. Volume 65 - Page 613 City of Newport Beach City Council Meeting August 22, 2023 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 0 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 Tem 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 i+ublic 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 filed. 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 Agree m�nt with Mind OC — Be Well OC Mobile Crisis Response Team (C-8778-1) [381100-20231 . Assistant City Manager Finnigan utilized a presentation to discuss Be Well OC, review the agreement and amendments, and highlight the cost summary. She introduced Real Property Administrator WhitliForer and Dr. Kathryn Hamel, Be Well OC Vice President of Mobile Operations. Council Member Kleiman thanked-4a€f Assistant City Manager Finnigan, ii-n- r Finffi-ei is to +l, called attention to the refinements of the scope of werlcservices+ supp r+ h ...,,,l SS ,.+ i FF is that reflect the aans identified by the Homeless Ad Hoc Committee. including Droactive mental health and addiction support, collection of better data, connecting individuals to Cal AIM, housing navigation and preparation of the State's CARE Court implementation, and also noted the understanding that Be Well and staff would work to finalize a, and relayed ongoing attention to the daily schedule for staggered si,;F+s to ,,, veff- ri-o-re lflo rs and varied schedule that includes more nighttime and early morning coverage. 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. Volume 65 - Page 614