HomeMy WebLinkAbout01 - MinutesAugust 27, 2024
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
July 23, 2024
I. ROLL CALL — 4:00 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman,
Councilmember Erik Weigand
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
At Mayor O'Neill's request, City Attorney Harp announced that staff is recommending that
Item 3 (Mooring Permits and Fees) be continued until staff can provide input to State agencies
that commented on the matter, reconsider Resolution No. 2024-47 that was adopted at the
July 9, 2024 City Council meeting, and hold the resolution in abeyance until the matter is
reconsidered.
Regarding Item 22, Mayor O'Neill clarified the t sfer agreement terms between Visit Newport
Beach, Inc. and Newport Beach and Company.
SS2. Recognition of Outgoing Board and Commission Members
Mayor O'Neill presented Certificates of Recognition for thT dedication and service to the City
to:
• Paul Watkins: Board of Library Trustees, 2016-2024
• Marie Little: City Arts Commission, 2017-2024
• Leonard Simon: City Arts Commission, 2020-2024
• David Granoff: Parks, Beaches and Recreation Commission, 2016-2024
Marie Little thanked Council for appointing her as a City Arts Commissioner and noted her
seven years of service.
Leonard Simon thankecTCouncil for the opportunity to serve on the City Arts Commission.
Paul Watkins noted his eight years of service on the Library Board of Trustees and expressed
gratitude for being a part of the Board.
David Granoff noted his eight years of service on the Parks, Beaches, and Recreation
Commission and expressed gratitude for being a part of the Commission.
Kaleigh Gilchrist T-Shirt
Mayor O'Neill presented Council with t-shirts in support of Kaleigh Gilchrist's Olympic pursuits
and wished Ms. Gilchrist good luck.
SS2. Bike Master Plan (BMP) Update
Deputy Public Works Director Houlihan and Transportation Manager/City Traffic Engineer
Sommers utilized a presentation to provide the background to the 2014 BMP, discuss ongoing
programs, the 2014-2024 facility update, current facility map and projects, how the BMP has
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July 23, 2024
IL+A
changed, and how electric bicycles affect the BMP. Former Mayor Nancy Gardner was
recognized for leading the charge for a BMP.
Mayor Pro Tem Stapleton thanked former Mayor Gardner and former Councilmember Tony
Petros, and inquired about next steps. Transportation Manager/City Traffic Engineer Sommers
suggested a minor update to the document, for example, including e-bikes, and noted new
signage.
In response to Councilmember Weigand's question regarding ways to address public concerns,
Transportation Manager/City Traffic Engineer Sommers noted the challenge with technology
far outpacing regulations, local limitations are based on how the vehicle code is written, and the
City is waiting for new State legislation. Councilmember Weigand expressed concerns related
to helmet safety and Transportation Manager/City Traffic Engineer Sommers indicated that he
was not familiar with the technology and thought it was a good topic of conversation at the
regional and State levels. Councilmember Weigand expressed his appreciation for the Newport
Beach Police Department and suggested continuing the education program about e-bike safety.
In response to Councilmember Avery's question rel
Works Director Houlihan confirmed that bike lanes
Newport Boulevard to Dover Drive, but noted it.Lvo
Councilmember Grant suggested placing u
City's website.
bike lane separation, Deputy Public
jLned for Pacific Coast Highway from
process.
related messaging on the
Nancy Gardner urged Council to identify a review processl for the BMP to keep it current.
Adam Leverenz expressed concern for safety on the boardwalk related to e-bikes and suggested
installing radar reading devices on existing streetlights.
Dan Abbott expressed concerns for e-bike safety, suggested that Council use its influence in the
State, and encouraged Council to do everything possible to increase e-bike safety.
Mayor O'Neill stated that he wished Council had more influence statewide and noted the efforts
of those working on the matter.
PUBLIC COMMENTS
Regarding Item 3 (Mooring PermitsVand Licenses), Mr. Mosher noted that some harbor water is owned
and maintained by the City and thought homeowners in these areas that have piers and boats on City
tidelands are not charged a fee. He believed that a recommendation was needed from the Harbor
Commission prior to Council's reconsideration of the matter.
Adam Leverenz asked that City Attorney Harp make the same announcement about Item 3 during the
regular meeting and asked that controversial items appear on a separate agendized section, not Consent
Calendar.
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.
CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 7 matters
John Doe S.C. v. City of Newport Beach et. al.
Orange County Superior Court Case No. 30-2022-01299631-CU-PP-CJC
State Farm General Insurance Company v. City of Newport Beach
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Orange County Superior Court Case No. 30-2022-01279624-CU-NP-NJC
Marshall Senk et al., v. City of Newport Beach
Orange County Superior Court Case No. 30-2022-01297253-CU-PO-NJC
Marshall Senk et al., v. City of Newport Beach
Orange County Superior Court Case No. 30-2023-01321223-CU-PO-NJC
Friends of Newport Harbor v. California Coastal Commission
Orange County Superior Court Case No. 30-2022-01292902-CU-WM-CXC
Friends of Newport Harbor v. City of Newport Beach
Orange County Superior Court Case No. 30-2023-01340626-CU-WM-CXC
Friends of Newport Harbor v. City of Newport Beach
Orange County Superior Court Case No. 30-2023-01356387-CU-TT-CXC
V. RECESSED — 4:44 p.m.
VI. RECONVENE AT 6:00 P.M. FOR REGULAR MEE G
VII. ROLL CALL
Present: Mayor Will O'Neill, Mayor Pro Tem Jo Stapleto ouncilmember Brad Avery,
Councilmember Noah Blom, Councilme Ro Grant, Councilmember Lauren Kleiman,
Councilmember Erik Weigand
VIII. CLOSED SESSION REPORT 40
City Attorney Harp announced hat no reportb s were taken.
IX. INVOCATION — Natalie Teale, Spiritual Assembly of Bahais of Newport Beach
X. PLEDGE OF ALLEGIANCE — Councilmember Blom
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Grant:
• Attended the State legislative solutions workshop for residential treatment facilities and Newport
Harbor Bowling Club's 50th Anniversary event
Mayor Pro Tem Stapleton:
• Attended the Yachtsman luncheon
• Utilized a slide to show United Way Walk participants
Mayor O'Neill:
• Attended the Okazaki delegation dinner and a meeting with Assemblymembers Diane Dixon and
Laurie Wilson to discuss ways to save the ferry
XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider passage of an ordinance requiring, in general, that brick -and -mortar
businesses accept payment in cash [O'Neill]
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Mayor O'Neill, Mayor Pro Tem Stapleton, and Councilmembers Avery, Blom, Grant, and Kleiman
expressed interest in bringing the item back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Mayor Pro Tem Stapleton noted he would be recusing himself and leaving the dais if there was any
discussion regarding Item 15 (Exclusive Negotiating Agreement with Burnham -Ward Properties).
City Manager Leung announced that staff is requesting that Item 3 (Mooring Permits and Licenses) be
continued; and to table Item 7 (On -Call Facilities Maintenance Support Services).
Councilmember Grant recognized the Newport Beach Public Library Foundation's donation (Item 18).
Bill Kenney, representing the Promontory Bay Community Association, noted the impact on the
community if modifications to the Balboa Yacht Basin occur, and expressed supported for the exclusive
negotiated agreement with Burnham -Ward Properties with conditions (Item 15).
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 9, 2024 City Council Meeting
Waive reading of subject minutes, approve as amended, and o d.
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 1
3. Ordinance No. 2024-15: Amending Sections 17.60.010 (Public Trust Lands — General),
17.60.020 (Application for Pier/Mooring Permits or the Lease of Public Trust Lands),
17.60.040 (Mooring Permits), and 17.60.045 (Short -Term Mooring Licenses) of the Newport
Beach Municipal Code Related to Mooring Permits and Licenses
a) Continue the item•
b) Reconsider the adoption of Resolution No. 2024-47, A Resolution of the City Council of the City
of Newport Beach, California, Setting the Fair Market Value of Rent for Moorings Located Upon
Tidelands in Newporl, Harbor, that was adopted on July 9, 2024, at a future City Council
meeting; and
c) Hold Resolution No. 2024-47 in abeyance until it is reconsidered.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2024-48: Two -Year Extension of Pilot Program to Permit Homeowner's
Associations to Install Privately Operated Security Cameras within the Public
Rights -of -Way
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303 (Class 3: New Construction or Conversion of Small Structures) of the CEQA
Guidelines, because this project has no potential to have a significant effect on the environment;
and
b) Adopt Resolution No. 2024-48, A Resolution of the City Council of the City of Newport Beach,
California, Extending the Pilot Program Permitting Qualifying Homeowners Associations to
Install Privately Operated Security Cameras Within the Public Rights -of -Way, and Waiving City
Council Policy L-6, Encroachments in Public Rights -of -Way, in Regards Thereto.
5. Resolution No. 2024-49: Approving Amendments to the Records Retention Schedule
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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; and
b) Adopt Resolution No. 2024-49, A Resolution of the City Council of the City of Newport Beach,
California, Amending Certain Sections of the Records Retention Schedule and Authorizing
Destruction of Certain Records Accordingly.
CONTRACTS AND AGREEMENTS
6. Storm Drain System Upgrades — Award of Contract No. 9148-1 (23D02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15304 (minor alterations in the condition of land, water, and/or vegetation) of the CEQA
Guidelines, as the project only entails minor trenching without removal of healthy, mature trees;
installation of storm drain and subdrain pipe; and backfilling to restore the original surface;
b) Approve the project plans and specifications;
c) Award Contract No. 9148-1 to PALP, Inc. dba Excel Paving Company for the total bid price of
$463,828 for the Storm Drain System Upgrades project, and authorize the Mayor and City Clerk
to execute the contract; and
d) Establish a contingency of $92,000 (approximately the total bid) to cover the cost of
unforeseen work not included in the original contract.
7. Award of Maintenance and Repair Agreement with Meyers Construction Co. LLC for
On -Call Facilities Maintenance Support Services (C-9668-
Table the item.
8. Superior Avenue and Hospital Road Pave , habilitation — Award of Contract
No. 8894-2 (23R14)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no
expansion of use) of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 8894-2 to R.J. Noble Company for the total bid price of $1,882,213.70 for
the Superior Avenue and Hospital Road Pavement Rehabilitation project, and authorize the
Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $188,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
9. Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot Project (15T09) — Approval
of Additional Construction Contingency with Reyes Construction (Contract No. 8020-6),
and Approval of Amendment No. Two to Professional Services Agreement with Ardurra
(Contract No. 8020-8) and Amendment No. Five to Professional Services Agreement with
Dokken Engineering (Contract No. 8020-5)
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. 25-005, transferring $805,874 from the unappropriated FFP:
Parks/Community Centers fund balance into Account No. 56201-980000-15T09;
c) Increase the construction contract contingency by $500,000 to $1,342,000 (approximately
12.8% of the contract award amount) with Reyes Construction (Contract No. 8020-6) to cover
additional costs associated with unforeseen field conditions;
d) Authorize payment of $54,583.54 from the CIP Storm Drain Repair Account No. 01201926-
980000-25D02 (Neighborhood Enhancement funds) to T.E. Roberts under its existing on -call
contract;
e) Approve Amendment No. Two to Professional Services Agreement with Ardurra (Contract
No. 8020-8) for construction oversight of the Superior Avenue Pedestrian/Bicycle Bridge and
Parking Lot project in the amount of $286,874 for a total not -to -exceed amount of $1,537,020,
and authorize the Mayor and City Clerk to execute the amendment; and
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f) Approve Amendment No. Five to Professional Services Agreement with Dokken Engineering
(Contract No. 8020-5) for additional design services for the Superior Avenue Pedestrian/Bicycle
Bridge and Parking Lot project in the amount of $19,000 for a total not -to -exceed amount of
$2,121,499, and authorize the Mayor and City Clerk to execute the amendment.
10. Award of Maintenance and Repair Services Agreement with Harbor Point
Air Conditioning & Control Systems for On -Call HVAC Maintenance and Repair Services
Citywide (C-9669-1)
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; and
b) Approve a Maintenance and Repair Services Agreement with Harbor Point Air Conditioning &
Control Systems for a five-year term and for a not -to -exceed amount of $600,000, and authorize
the Mayor and City Clerk to execute the agreement.
11. Approval of Amendment No. Five to Professional Services Agreement with Burns &
McDonnell Engineering Company, Inc. for San Diego Creek Trash Wheel Project (Project
No. 17X12, Contract No. 7127-3)
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. 25-006 appropriating $49,681 in increased expenditures in
Account No. 16001-980000-17X12 (Newport Bay Trash Wheel) from the from the
unappropriated Environmental Liability fund balance; and
c) Approve Amendment No. Five to the Professional Services Agreement with Burns & McDonnell
Engineering Company, Inc. for additional construction services with an increase in fee of
$49,681 for a total not -to -exceed amount of $1,013,302, and authorize the Mayor and City Clerk
to execute the Agreement.
12. Approval of Professional Services Agreement k ith Marine Taxonomic Services, LTD for
Newport Harbor Shallow and Deep Water Eelgrass Surveys (C-7487-4)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 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 Professional Services Agreement with Marine Taxonomic Services, LTD for Newport
Harbor Shallow Water and Deep Water Eelgrass Surveys for a total not -to -exceed amount of
$173,424.60, and authorize the Mayor and City Clerk to execute the agreement.
13. Amendment to Professional Services Agreement with Sampson Oil Company for Oil Well
Management Services (C-8490-1)
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; and
b) Approve Amendment No. Six to the Professional Services Agreement with Sampson Oil
Company for Oil Well Management Services, which extends the contract to March 31, 2025, and
increases the contract amount by $750,000, and authorize the Mayor and City Clerk to execute
the Agreement.
14. Amendment No. Four to a Professional Services Agreement with Sagecrest Planning and
Environmental for Staff Augmentation (C-7132-3)
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 Amendment Four to increase the total compensation of the agreement by $125,000, for
a new not -to -exceed amount of $525,000, and authorize the Mayor and City Clerk to execute the
Amendment.
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15. Exclusive Negotiating Agreement with Burnham -Ward Properties, LLC for the Lease and
Redevelopment of a Portion of the Balboa Yacht Basin Property Located at 829 Harbor
Island Drive (C-9667-1)
a) Find this action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines, because this action is not
a project and has no potential to have a significant effect on the environment; and
b) Authorize the City Manager and City Clerk to execute a two-year Exclusive Negotiating
Agreement with Burnham -Ward Properties, LLC, for negotiation of a lease for redevelopment
of a portion of the City -owned Balboa Yacht Basin property located at 829 Harbor Island Drive,
in a form substantially similar to the agreement attached to the staff report.
Mayor Pro Tem Stapleton recused himself from Item 15 since he has a client that owns an
adjacent property.
16. Amendment to Lease Agreement with Pacifica Christian High School - Orange County,
Inc. for the City -Owned West Newport Community Center Property Located at
883 W. 15th Street (C-5928)
a) Determine this action is exempt from the Californdh 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) Authorize the City Manager and City Clerk to execute the Amendment to Lease Agreement
between the City of Newport Beach and Pacifica Christian Nigh School - Orange County, Inc.
(Amendment), extending the term of the lease for the property located at 883 W. 15th Street, in
a form substantially similar to the Amendment prepared by the City Attorney.
Councilmember Grant recused herself frdm Item 16 to avoid the appearance of a bias.
17. Award of Contracts to Eide Bailly LLP (C-9662-1) and The Pun Group LLP (C-9662-2) for
Internal Audit Services (continued from the July 9, 2024 City Council meeting)
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 sign a five-year professional services agreement for
on -call internal audit services for an amount not -to -exceed $750,000 with The Pun Group LLP;
and
c) Authorize the Qor and City Clerk to sign a five-year professional services agreement for
on -call internal audit services for an amount not -to -exceed $750,000 with Eide Bailly LLP, who
employs two former, employees that have separated from the City within the past
five years. City Council approval is requested pursuant to City Council Policy F-14 even though
the former employees will not serve on the internal audit engagement.
MISCELLANEOUS
18. Budget Amendment to Accept a Check from the Newport Beach Public Library
Foundation and Appropriate the Funds to the Library's Fiscal Year 2024-25 Maintenance
and Operation Budget
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) Accept a check in the amount of $40,000 from the Newport Beach Public Library Foundation
and approve Budget Amendment No. 25-002 to increase expenditures by the same amount in
Division 0106051 (Foundation).
19. Confirmation of Nominations to Fill an Unscheduled Vacancy on the Parks, Beaches and
Recreation Commission
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 change to the environment, directly or indirectly; and
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b) Confirm the nominations of Travis Pirdy and Sara Weber to fill the vacancy on the Parks,
Beaches and Recreation Commission.
20. FY 2023-24 Annual District Discretionary Grant Report and the Grants and Donations
Report for the Quarter Ending June 30, 2024
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) Receive and file.
21. Response to the Orange County Grand Jury Report "Law Enforcement's Response to
Mental Health Calls for Service"
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 2023-2024 Orange County Grand Jury report, "Law
Enforcement's Response to Mental Health Calls for Service" and authorize the Mayor to submit
the letter to the Presiding Judge of the Superior Court
22. Visit Newport Beach, Inc. FY 2025 Destination Business Plan and Budget, and FY 2024
Performance Standards Report
a) Determine this action is exempt from the CaliforniW 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) Review, receive and file the FY 2025 Newport Beach & Company Destination Business Plan;
c) Review, receive and file the Visit New A Beach, Inc. Leisure Marketing (TOT) FY 2024
Performance Standards Report; and
d) Review and approve the Visit Newport Beach, Inc. Leisu arketing (TOT) FY 2025 Budget.
Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Blom, to approve the
Consent Calendar; and noting the recusal by Mayor"Pro Tem Stapleton to Item 15, the recusal by
Councilmember Grant to Item 16, the continuance of Item 3 with the reconsideration and suspension of
Resolution No. 2024-47, the tabling of Item 7, and the amendments to Item 1.
The motion carried unanimously.
1
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher encouraged residents to run for City Council, particularly District 5's seat since only one
person is currently running for office, and discussed the process.
XVIII. PUBLIC HEARING
23. Ordinance Nos. 2024-16 and 2024-17, and Resolution Nos. 2024-50 to 2024-57 for the
Necessary Amendments to Implement the 6th Cycle Housing Element and to Place the
Major General Plan Amendment on the November 5, 2024, General Election Ballot
Pursuant to City Charter Section 423; or Resolution No. 2024-58 to Initiate an Amendment
to the 6th Cycle Housing Element
Assistant City Manager Jurjis, Deputy Community Development Director Murillo, and Principal
Planner Zdeba utilized a presentation to provide a recap, review the Summary of Regional Housing
Needs Assessment (RHNA) Status and Sites Inventory table, Housing Element implementation
legislative documents, direction from the July 9, 2024 City Council study session, Option No. 1's
election process, ballot language, and schedule, Option No. 2's tentative schedule that would not
result in a vote, provided clarifications regarding the remaining RHNA numbers, discussed meeting
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State objectives, density bonus units, consequences of noncompliance, provided key takeaways, and
acknowledgements.
In response to Mayor O'Neill's question, City Attorney Harp thought that an Option No. 3 can be
discussed, but the actual ordinance for implementation of the zoning piece cannot go to second
reading and adoption until the Housing Element is amended.
Mayor O'Neill utilized a presentation to highlight the RHNA allocation, the City's attempts to
appeal the allocation, role of the Housing Element Advisory Committee, submittals to the California
Department of Housing and Community Development (HCD), reviewed a July 12, 2024 opinion
piece, discussed the efforts of the General Plan Advisory Committee (GPAC), and pointed out
GPAC's August 21, 2023 recommendation to the Planning Commission. Assistant City Manager
Jurjis clarified that the item that passed as per the August 21, 2023 GPAC meeting minutes was to
approve the Land Use Element that is before Council. Mayor O'Neill continued with the
presentation and noted a substantial reversal in the position people have taken in the last 30 to 45
days that is inconsistent with past actions and asked why this occurred.
Mayor O'Neill opened the public hearing. k
Charles Klobe stated that he felt GPAC was restricted when dealing with the Land Use Element or
Housing Element, thought the legal validity of the environmental impact report (EIR) jeopardized
the housing plan and made suggestions for improvement, and inclicat d that SPON supports Option
No. 1. J
Debra Moore thought the decision was not upt o Council duo Greenlight (Charter Section 423).
Walter Stahr urged Council to put the proposed amendment on the November ballot using neutral
language, supported Option No. 1, noted flaws in the draft question, and believed Charter Section
423 provides for a vote. �-
Jeff Herdman utilized a slide to demonstrate the impact of the Housing Element on the City's quality
of life .
Gary Cruz supported holding the v e an uggested a concise Housing Element plan that the public
can understand and support.
Joy Brenner expressed concern for the site selections, zoning adjustment process, buffer strategy,
State density bonus, and Qreenlight initiative bypass.
Gary Hill suggested that Council support Option No. 1.
Jim Mosher suggested that Council ask if they have control over the ballot language, thought the
proposed language is biased, stated that the measure needs further revisions, suggested that Option
No. 2 requires a finding, and commented that zoning and objective design standards should be
deferred and reviewed more carefully.
Gina Cruz supported holding a vote and suggested making it work for everyone, including the
builders.
Julie Sherwin asked if staff contacted Yorba Linda to inquire about their approach to their Housing
Element.
Duffy Duffield supported Option No. 1.
Phillip Greer thanked Council for their work on the matter and supported holding a vote of the
people.
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Larry Tucker suggested getting the needed buffer and noted that seven hearings have already been
held on this matter.
Gary Crane supported Option No. 1.
Shawna Schaffner, CAA Planning Chief Executive Officer, urged the City Council to adopt the
General Plan Update and zoning overlay.
Linda Watkins suggested that the City conduct an education campaign followed by a vote.
Heath Clark urged Council to uphold Charter Section 423.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
At the request of Mayor O'Neill, Assistant City Manager Jurjis outlined the public outreach efforts
and the site selection process.
In response to Councilmember Blom's question, Dana Privitt of Kimley-Horn and Associates stated
that the analysis takes into consideration the potential for density bonus units so that the number
of anticipated units were addressed as part of the EIR analysis.
In response to Mayor O'Neill, Ms. Privitt relayed that she has not seen in the comment letters or
heard in the public comments anything that would dissuade her fro dvising Council to certify the
EIR.
Councilmember Blom empathized with the public's frustration and desire to maintain the Newport
Beach culture, relayed having no political ambitions besides serving on Council to make decisions
in the best interest of Newport Beach, and mentioned of Measure B. He listed the consequences of
a failed vote, noted space limitations in the City, reasons for adding units, and emphasized that
State law precludes a vote. He stated that the City Council tries to work with everyone in the
community and questioned reasons for recent opposition.
Mayor Pro Tem Stapleton noted his promise of keeping Newport "Newport," thanked staff for their
time and effort, relayed the options, expressed his frustrations, listed consequences of the Housing
Element falling out of compliance, thought it could all avoidable, and noted one acceptable choice.
k MT
Councilmember Avery emphasized that the City cannot afford to have the vote fail, stated that no
one is being indiscriminate, expressed respect for the electorate, relayed being prepared to support
Option No. 2, but would support Option No. 1 as a resident, and relayed challenges educating the
residents and the importance of Greenlight.
Councilmember Grant recognized all the residents who participated in the matter, thanked staff for
their time and professionalism, noted the preclusion of a vote with the State housing mandate,
preferred to follow the City Charter in another way, and noted the City is mandated to do this and
that the City Charter is subject to the State of California. She noted that the decision has not been
taken lightly by Council and staff. She preferred a different path to lessen the burden the State has
placed on the City, acknowledged undesired and drastic consequences, noted there were no loopholes
or workaround, and thought the City must move forward with the State requirements to retain local
control. Lastly, she expressed support for legislative action that would relieve the burdensome
overreach from the State.
Councilmember Kleiman thanked staff for their work on the matter, expressed her disinterest in
the RHNA mandated units, listed actions taken by the City to protect local control and Sacramento's
actions to usurp it, and utilized a graphic to demonstrate all the new proposed housing related
legislation for this year. She stated that this decision was the most critical and challenging decision
in Council's tenure, went on to comment that there is no good option, and acknowledged the level of
uncertainty and risk.
Volume 66 - Page 148
City of Newport Beach
July 23, 2024
Councilmember Weigand referenced the article published today in Stu News that he authored, and
expressed fear for the actions of HCD and the Attorney General using Newport Beach as an example.
Mayor O'Neill suggested a sequenced approach to the motions.
Motion by Councilmember Blom, seconded by Councilmember Grant, to 2a) determine this
action is exempt from environmental review under CEQA pursuant to Section 15262 of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and 2b) adopt Resolution
No. 2024-58, A Resolution of the City Council of the City of Newport Beach, California, Initiating a
Narrowly Focused Amendment to the Adopted and Certified 6th Cycle Housing Element to Remove
the Reference to Charter Section 423 Voter Approval (PA2022-0245).
With Mayor O'Neill abstaining, the motion carried 6-0-1.
Motion by Mayor O'Neill, seconded by Councilmember Blom, to la) adopt Resolution
No. 2024-50, A Resolution of the City Council of the City of Newport Beach, California, Certifying
Environmental Impact Report (State Clearinghouse [SCH] Number 2023060699), Including a
Mitigation Monitoring and Reporting Program and AA%pting Findings, and a Statement of
Overriding Considerations Related to the Implementation of theekh Cycle Housing Element Involving
Amendments to the General Plan, Coastal Land Us lan, and Title 20 (Planning and Zoning) and
Title 21 (Local Coastal Program ImplementationW of the Newport Beach Municipal Code
(PA2022-0245). I
The motion carried unanimously.
Motion by Mayor O'Neill, seconded by Councilmember Avery, to lf) adopt Resolution
No. 2024-53, A Resolution of the City Council of the City of Newport Beach, California, Finding the
Housing Element Implementation Program Amendments Consistent with the Purposes of the State
Aeronautics Act and Overriding the %se
County Airport Land Use Commission's Determination
of Inconsistency with the 20Q8 JohAirport Environs Land Use Plan (PA2022-0245);
The motion carried unanimousl
A
Motion by Councilmember Blonded by Councilmember Avery, to ld) waive full
reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-17, An Ordinance
of the City Council of the City of FVewport Beach, California, Amending Title 20 (Planning and
Zoning) of the Newport Beach Municipal Code to Create Multi -Unit Objective Design Standards
(PA2022-0245), and pass ,to second reading on September 24, 2024, or soon thereafter, when the
revised Housing Element will be considered.
The motion carried unanimously.
Motion by Councilmember Blom, seconded by Mayor Pro Tem Stapleton, to lb) adopt
Resolution No. 2024-51, A Resolution of the City Council of the City of Newport Beach, California,
Amending the General Plan Land Use Element to Implement the General Plan 61h Cycle Housing
Element (PA2022-0245); lc) waive full reading, direct the City Clerk to read by title only, introduce
Ordinance No. 2024-16, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to Implement the
General Plan 6th Cycle Housing Element (PA2022-0245), and pass to second reading on
September 24, 2024, or soon thereafter, when the revised Housing Element will be considered; and
le) adopt Resolution No. 2024-52, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal
Commission to Amend the City of Newport Beach Coastal Land Use Plan and Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code Related to the Housing
Element Implementation Program (PA2022-0245).
With Mayor O'Neill abstaining, the motion carried 6-0-1.
Volume 66 - Page 149
City of Newport Beach
July 23, 2024
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 8:00 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 at 100 Civic Center Drive on
July 18, 2024, at 4:00 p.m.
Leilani I. Brown
City Clerk
Will O'Neill
Mayor
Volume 66 - Page 150