HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
OCTOBER 10, 2023
CITY COUNCIL CHAMBERS —100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 4:30 P.M.
NOAH BLOM, Mayor
WILL O'NEILL, Mayor Pro Tern
BRAD AVERY, Council Member
ROBYN GRANT, Council Member
LAUREN KLEIMAN, Council Member
JOE STAPLETON, Council Member
ERIK WEIGAND, Council Member
GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI I. BROWN, City Clerk
NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT
Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk
24 hours prior to the scheduled City Council meeting.
LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract
(other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use,
is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars
($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City. If
you have made a qualifying contribution, please ensure to make this disclosure on the record.
PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted,
you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written
correspondence received by the City at or before the hearing.
NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time
given.
This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at
100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items
of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation
regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005. Agendas and staff reports are
also available on the City's webpage at newportbeachca.gov/agendas.
The City of Newport Beach's goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee
or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to
accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of
your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(a)newportbeachca.gov).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS
100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660
OCTOBER 10, 2023
CLOSED SESSION — 4:00 P.M.
REGULAR MEETING — 4:30 P.M.
I. ROLL CALL — 4:00 p.m.
II. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are invited on items listed on the agenda and non -agenda items. Speakers must limit
comments to three (3) minutes per person to allow everyone to speak. Written comments are
encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda
or non -agenda items.
III. CLOSED SESSION — Council Chambers Conference Room
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. 15th 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. RECESS
V. RECONVENE AT 4:30 P.M. FOR REGULAR MEETING
VI. ROLL CALL
VII. CLOSED SESSION REPORT
Vill. INVOCATION — Dr. Ahmed Soboh, Religious Director, Islamic Shura Council of Southern
California
IX. PLEDGE OF ALLEGIANCE
X. NOTICE TO THE PUBLIC
The City Council of Newport Beach welcomes and encourages community participation. Public
comments are generally limited to three (3) minutes per person to allow everyone to speak. Written
comments are encouraged as well. The City Council has the discretion to extend or shorten the time
limit on agenda or non -agenda items.
City Council Meeting
October 10, 2023
Page 2
XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for
discussion (ITEMS 1— 13). Public comments are also invited on Consent Calendar items. Speakers
must limit comments to three (3) minutes. Before speaking, please state your name for the record. If
any item is removed from the Consent Calendar by a Councilmember, members of the public are
invited to speak on each item for up to three (3) minutes per item.
All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted
by one motion in the form listed below. Councilmembers have received detailed staff reports on each
of the items recommending an action. There will be no separate discussion of these items prior to
the time the City Council votes on the motion unless members of the City Council request specific
items to be discussed and/or removed from the Consent Calendar for separate action.
XIII. CONSENT CALENDAR
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1. Minutes for the September 26, 2023 City Council Meeting
Waive reading of subject minutes, approve as written, 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
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.
City Council Meeting
October 10, 2023
Page 3
5. 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-1 (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
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-
24H 13 (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;
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) 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;
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.
City Council Meeting
October 10, 2023
Page 4
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) 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;
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;
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; 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.
10. Award of Professional Services Agreement with Laz Parking, LLC for Parking
Management and Parking Enforcement 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) 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.
11. Amendment No. Two to Lease Agreement with Lighthouse Cafe, LLC for the Restaurant
at Marina Park Located at 1600 West Balboa Boulevard
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 Cafe, 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. 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
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;
City Council Meeting
October 10, 2023
Page 5
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 this 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.
13. Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement
Program Grant PT24131
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.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR
THOSE ITEMS REMOVED
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
XV. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Public comments are invited on non -agenda items generally considered to be within the subject
matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before
speaking, please state your name for the record.
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)
a) Conduct a public hearing;
b) 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
City Council Meeting
October 10, 2023
Page 6
c) 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.
XVII. MOTION FOR RECONSIDERATION
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the
previous meeting may be made only by one of the Councilmembers who voted with the prevailing
side.
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