City Council

12. Joint Powers Agreement with County of Orange, and an Amended and\nRestated Ground Lease with Newport Aquatic Center, Inc. for North Star\nBeach Located at 1 Whitecliffs Drive\na) Determine this action exempt from the California Environmental Quality Act\n(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or\nreasonably foreseeable indirect physical change in the environment) and 15060(c)\n(3) (the activity is not a project as defined in Section 15378) of the CEQA\nGuidelines, California Code of Regulations, Title 14, Chapter 3, because it has no\npotential for resulting in physical change to the environment, directly or indirectly;\nb) Authorize the Mayor and City Clerk to execute the North Star Beach - Joint Power\nAgreement by and between the County of Orange and the City of Newport Beach, to\ntreat the property at 1 Whitecliffs Drive as a single parcel and designate the City to\nadminister and oversee its use, in a form substantially similar to the agreement\nattached to the staff report;\nc) Authorize the City Manager and City Clerk to execute the Amended and Restated\nGround Lease between the City of Newport Beach and Newport Aquatic Center, Inc .,\nfor continued use of the property known as North Star Beach located at 1 Whitecliffs\nDrive, in a form substantially similar to the amendment attached to the staff report;\nand\nd) Approve a waiver of City Council Policy F-7 - Income and Other Property based\non the findings contained in this staff report and the Lease, that conducting an open\nbid process or changing the tenant would result in excessive vacancy, and the use of\nthe property provides an essential or unique service to the community and is of a\npublic benefit, and might not otherwise be provided where an open bid or full fair\nmarket value of the property be required, and based on the unique services provided\nby tenant, its board members are appointed through a process that ensures board\nmembers maintain the requisite experience and contributions to the tenant ’s\noperations.\nOctober 10, 2023\nStaff Report\nAttachment A - Joint Powers Agreement (link)\nAttachment B - Amended and Restated Agreement\nAttachment C - Maps\nAttachment D - 1987 Joint Power Agreement\nAttachment E - 1987 Ground Lease & 1997 Addendum\nAttachment F - City Council Policy F-7\nAttachment G - Letter from Newport Aquatic Center