HomeMy WebLinkAbout09/27/2022 - Regular MeetingCITY OF NEWPORT REACH
City Council Meeting Minutes
Regular Meeting
September 27, 2022
I. ROLL CALL — 5:41 p.m.
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council
Member Will O'Neill
II. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS
Shana Conzelman, Friends of Newport Harbor, stated their position for responsible and sustainable
dredging without a Confined Aquatic Disposal (CAD) and expressed concerns for future dredging
prevented by a CAD, taxpayer expense, beach erosion, CAD stability, toxic exposure, dumping
prioritization, and out of water contaminated material locations.
Susan Lockhart expressed her opinion that the project will not improve the Harbor environment and
that no water quality model was done by the City to collect data and contaminants in the sediment near
homes.
An unidentified speaker indicated that the preferred method for storing contaminated material is to
remove it from the water and that a CAD is used in commercial ports where alternatives are not
available. She took issue that Newport Beach would be the first city to place a CAD in a recreational
harbor.
Philip Thompson opposed the CAD project, offered an alternative, and relayed the impacts to people.
Deborah Klein expressed concern relative to the protective contaminant barrier provided by the CAD
Grace Hobbs expressed concern regarding the dredging plan, environmental analysis, and effects to
people from toxic materials affecting water quality.
Bill expressed concern relative to the time and money invested by the City to clean up a toxic weed in
China Cove and relayed his concern for where the CAD will be placed.
Sandy MacDougall opposed the CAD placement in the Harbor and asked that an additional 90 days be
granted to the California Coastal Commission (CCC) to review the proposal.
An unidentified speaker expressed the opinion that funding would not be lost if the CAD project is not
approved and urged residents to register their opposition on the Friends of Newport Harbor website and
message a City Council representative requesting a 90-day extension to review the proposal.
David Rhodes expressed his belief that Council is solely focused on one solution, has been misled by
skewing of the facts, and hoped that the project is not approved by CCC.
Bill Kenney, Newport Harbor Foundation, shared the Foundation's purpose and composition, thanked
Council and staff for being steadfast in the dredging project, indicated that a completed analysis was
conducted, mentioned the benefits of dredging, noted the safety of materials in question, and supported
the project.
City Attorney Harp announced that the City Council would adjourn to Closed Session to
discuss the item listed on the Closed Session agenda and read the title.
Volume 65 - Page 396
City of Newport Beach
City Council Meeting
September 27, 2022
III. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Grace K. Leung, City Manager, Barbara Salvini, Human
Resources Director, and Charles Sakai, Esq., Negotiators.
Employee Organizations: Newport Beach City Employees Association (NBCEA), and Newport
Beach Professional and Technical Employees Association (NBPTEA).
IV. RECESSED - 6:04 p.m.
V. RECONVENED AT 6:30 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council
Member Will O'Neill
VII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
VIII. INVOCATION - Council Member Brenner
IX. PLEDGE OF ALLEGIANCE - Mayor Muldoon
X. PRESENTATION
• Friends of the Newport Beach Library Check Presentation
Library Services Director Hartson and the Board of Library Trustees Chair Paul Watkins
introduced the Friends of the Library Bookstore Manager Amy Hunt who presented a check in the
amount of $200,000 to the library, thanked the bookstore volunteers and library staff, and
introduced Friends of the Newport Beach Library Board Member and Marketing Director/Publicity
Coordinator Janet Callister.
Council Member Dixon thanked the Friends of the Library staff and Board of Trustees, and reported
that the City has received $1,481,894 from the Library Foundation since 2014 and $2,251,000 from
the Friends of the Library to the City of Newport Beach General Fund.
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member O'Neill:
• Attended the Spyglass Hill picnic, Finance Committee meeting, OASIS Cars & Coffee Event,
Concert on the Green, the Newport Beach Fire and Lifeguard Appreciation Dinner, Associated
California Cities of Orange County (ACC-OC) Board meeting and conference, and Newport Beach
Junior Lifeguard Building Groundbreaking
Council Member Duffield:
• Provided a County of Orange Executive Watershed Committee report
Volume 65 - Page 397
City of Newport Beach
City Council Meeting
September 27, 2022
Council Member Dixon:
• Attended the Aviation Committee meeting, Snowy Plover Management Plan meeting for Peninsula
residents, Spyglass Hill picnic, Newport Beach Fire and Lifeguard Appreciation Dinner, and
Newport Beach Junior Lifeguard Building Groundbreaking
• Announced a Concert at Marina Park and continued contribution opportunities to the Newport
Beach Junior Lifeguard Foundation (nbjgfoundation.org)
Council Member Brenner:
• Attended the final Concert on the Green and Orange County Mosquito and Vector Control District
Board of Trustees meeting
• Announced the Corona del Mar Residents Association (CdMRA) Candidate Forum
Council Member Avery:
• Attended the Newport Beach Fire and Lifeguard Appreciation Dinner and Newport Beach Junior
Lifeguard Building Groundbreaking
Mayor Muldoon:
• Utilized slides to share the Newport Beach Junior Lifeguard Building Groundbreaking, Welcome
to AquaTraxfor daily water use tracking, water leaks, and water use alerts, and the General Plan
Advisory Committee application process (newportbeachca.gov/vacancy)
• Announced the Love Newport Beach Volunteer Day
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider creating a three -member Ad Hoc Citizens Advisory Committee, consisting of
residents with background in public safety and criminal justice, to address residential
burglary concerns and advise neighborhoods on preventative measures [Mayor
Muldoon]
Council unanimously concurred to bring the matter back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 11 (Phase VIII of the Sculpture Exhibition in Civic Center Park) Council Member
O'Neill requested that the Public Benefits Fund be used, rather than the General Fund.
Denys Oberman expressed support for Item 5 and City Attorney Harp clarified that the City's intent is
to return all local authority to the City for regulation of all group home facilities.
Kelly Carlson, President of the Balboa Village Merchant's Association, thanked staff and Code
Enforcement for responding to concerns over the summer and for establishing a permanent Code
Enforcement Officer to help protect small businesses, and expressed support for Item 3 (Request to Add
Code Enforcement Officer I Position).
Regarding Item 11, Arlene Greer and Commissioner Vice Chair Maureen Flanagan thanked Council for
supporting and attending the Sculpture Exhibition, concerts, and upcoming art exhibitions.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 13, 2022 City Council Meeting [100-20221
Waive reading of subject minutes, approve as amended, and order filed.
Volume 65 - Page 398
City of Newport Beach
City Council Meeting
September 27, 2022
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. 2022-62: Request to Add Code Enforcement Officer I Position to the
Community Development Department [100-2022]
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. 2022-62, A Resolution of the City Council of the City of Newport Beach,
California, Adding a Code Enforcement Officer Position to the Community Development
Department; and
c) Approve Budget Amendment No. 23-022 transferring $86,016 from the Code Enforcement
Professional Services account to various salary and benefit accounts.
Mayor Muldoon voted "no" to Item 3.
4. Resolution No. 2022-63: Acceptance of Oil Spill Response Equipment Staging Grant
Funding from the California Department of Fish and Wildlife Office of Spill Prevention
and Response [100-20221
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. 2022-63, A Resolution of the City Council of the City of Newport Beach,
California, Accepting Grant Funds from the California Department of Fish and Wildlife, Office
of Spill Prevention and Response for Oil Spill Response Equipment Staging; and
c) Approve Budget Amendment No. 23-019 recognizing $5,000.00 in grant revenue from the
California Department of Fish and Wildlife (10045451-431455) and appropriating $5,000.00 to
Account No. 10045451-881002.
5. Resolution No. 2022-64: Supporting Restoring Local Authority in the Regulation of Group
Residential Uses [100-20221
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. 2022-54, A Resolution of the City Council of the City of Newport Beach,
California, Supporting the Restoration of Local Authority to Regulate Residential Care Facilities
and Calling Upon the State of California to Increase its Oversight and Enforcement of
Residential Care Facilities Until Local Authority is Restored.
CONTRACTS AND AGREEMENTS
6. Fire Station No. 2 Project (Project 15F13) — Notice of Completion for Contract No. 8269-2
[381100-20221
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
Mayor Muldoon recused himself on Item 6 due to potential business interest conflicts.
Volume 65 - Page 399
City of Newport Beach
City Council Meeting
September 27, 2022
7. Slurry Seal Program (Project No. 22R04) — Notice of Completion for Contract No. 8710-1
[381100-2022]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
8. Approval of Professional Services Agreement with Griffin Structures for Library Lecture
Hall Construction Management (Project No. 19F11) (C-7444-6) [381100-2022]
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
b) Approve a Professional Services Agreement (PSA) with Griffin Structures for the Library
Lecture Hall construction management contract for a not -to -exceed amount of $680,000, and
authorize the Mayor and City Clerk to execute the agreement.
Mayor Muldoon voted "no" to Item 8.
Approval of Amendment No. Three to Agreement for Beach Container Refuse Collection
Service with Rainbow Disposal Co., Inc. (C-4709) [381100-2022]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(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 Amendment No. Three to Agreement with Republic Services, Inc. for Beach Container
Refuse Collection Service to modify the compensation terms, increase the total not -to -exceed
amount by $1,153,439 for a total not -to -exceed amount of $3,051,063, and extend the term to
February 28, 2026; and
c) Authorize the Mayor and City Clerk to execute the amendment.
10. School Resource Officer Program Agreement (C-8510-6) [381100-2022]
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
b) Approve the Agreement between the City of Newport Beach and NMUSD to participate in the
School Resource Officer Program, and authorize the Mayor to execute the agreement on behalf
of the City of Newport Beach.
11. Contract with Arts Orange County to Manage Phase VIII of the Sculpture Exhibition in
Civic Center Park (C-8463-6) [381100-2022]
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 contract with Arts Orange County for project management of Phase VIII of the
Sculpture Exhibition in Civic Center Park for a total amount not to exceed $119,000, and
authorize the Mayor and City Clerk to sign the agreement, and amend the funding source.
MISCELLANEOUS
12. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library
and Appropriate Funds to the Library's Fiscal Year 2022-23 Maintenance and Operation
Budget [100-2022]
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
Volume 65 - Page 400
City of Newport Beach
City Council Meeting
September 27, 2022
b) Accept a check in the amount of $200,000 from the Friends of the Newport Beach Library and
approve Budget Amendment No. 23-013 to increase expenditures by the same amount in
Division 0106052 (Friends of the Library).
13. Confirmation of Appointments to the Ad Hoc Municipal Code and Council Policy Review
Committee [241100-2022]
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 Mayor Kevin Muldoon's appointments of himself, Mayor Pro Tem Noah Blom, and
Council Member Will O'Neill (Chair) to the Ad Hoc Municipal Code and Council Policy Review
Committee.
14. Acceptance of the State of California Office of Traffic Safety Selective Traffic
Enforcement Program Grant PT23055 (C-8201-7) [381100-20221
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 $350,000 Selective Traffic Enforcement Program (STEP)
award granted to the NBPD by the OTS 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 $350,000 and create
a new appropriation to expend the funds; and
c) Approve Budget Amendment No. 23-015 increasing NBPD revenue estimates and expenditure
appropriations by $350,000.
Motion by Mayor Pro Tem Blom, seconded by Mayor Muldoon, to approve the Consent Calendar;
and noting the recusal by Mayor Muldoon to Item 6, the "no" votes by Mayor Muldoon to Items 3 and 8,
and the amendments to Items 1 and 11.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS — None
XVIII. PUBLIC HEARINGS
15. Ordinance Nos. 2022-19 and 2022-20: Tennis Club at Newport Beach Project Amendment
(PA2021-260) (C-5068) [381100-20221
Community Development Director Jurjis and Associate Planner Lee utilized a presentation to
review the project location, land use, previously approved project, proposed amendments, previous
and proposed site plan comparisons, project entitlements, CEQA review, proposed Condition
No. 6, and recommended actions.
In response to Council Member O'Neill's question, Community Development Director Jurjis
confirmed that the applicant submitted an application for tennis courts and the City is not
prohibiting pickleball courts.
Mayor Muldoon opened the public hearing.
Robert O Hill provided the project background and utilized a presentation to review the amended
plans, display renderings, floor plans, photos, and a letter from Kory Kramer of Eagle Four Partners.
He further recommended working together with Eagle Four Partners and provided other potential
partners and tax revenue benefits.
Volume 65 - Page 401
City of Newport Beach
City Council Meeting
September 27, 2022
In response to Council Member Dixon's questions, Mr. 0 Hill identified a new lap pool on the
rendering, stated the 28 pickleball courts will remain, agreed to comply with Condition No. 6, which
Community Development Director Jurjis agreed the applicant can start right away with a parking
study, and outlined units that will help the City meet affordable housing development goals.
Mayor Pro Tem Blom noted changes in Mr. 0 Hill's previous affordable housing participation and,
as per Community Development Director Jurjis, the applicant's permit is expired and requires
updates to the plan and plan checks by the Building Department. In response to Mayor Pro Tem
Blom's question, Mr. 0 Hill stated that it is best for pickleball and the applicant to not include
pickleball in the amendment in order to complete the hotel lease and parking requirements. Mayor
Pro Tem Blom noted that the current pickleball courts exist without a City process, the City will not
take away the existing courts, and encouraged Mr. 0 Hill to go through the process to make everyone
happy at the same time by adding the pickleball courts to the plan. In response to Mr. 0 Hill's
question, Community Development Director Jurjis relayed that the applicant's return date to
Council is unknown until after the study is conducted.
Council Member Dixon supported a parallel path and in response to her question, Community
Development Director Jurjis stated that the City will not get in the way of the existing pickleball
courts, and Mr. 0 Hill confirmed that pickleball will continue indefinitely as codification with the
California Coastal Commission (CCC) and traffic study take place.
Brett Feuerstein and Ryan Chase, 50% owners of The Tennis Club at Newport Beach property,
noted an arbitration in progress to determine if Golf Realty Fund has the authority to unilaterally
process the application, opposed the proposed plan, thanked staff for their work, expressed interest
in finding a solution that enables The Tennis Club to grow and thrive, and expressed concern that
there are no pickleball courts in the plan and the proposed lease is for twenty years.
Sean Abdali, President of Grand Slam Tennis and The Tennis and Pickleball Club operator, stated
the Club is the largest and most prestigious in America with passionate pickleball members,
promised to one day offer majority pickleball, expressed interest in a 72-year lease and new
clubhouse, noted a petition opposing the construction of a hotel and tennis court demolition, and
asked that Council support Plan B.
Dalen Lawrence opposed the amendment.
Stacy Evans read a statement from Nick Bollettieri in support of Plan B.
John Rosen opposed the amendment.
Darcy Bouzeos opposed the amendment.
Debbie Schwartz pointed out a discrepancy in the pickleball court plans and requested that Council
deny the amendment.
Michelle Hatch expressed the opinion that Mr. 0 Hill and Mr. Abdali used deception tactics and
urged Council to oppose Plan B.
Gerald Kelleher relayed instances that have led him to question trust in the operator and owner.
Leo Figueroa supported the amendment and the Club providing both tennis and pickleball.
Rick Tarbell encouraged Council to include 28 pickleball courts as a condition in the amendment,
otherwise he opposed the amendment.
Robin, employee and member of The Tennis Club at Newport Beach, confirmed a 1,300-person
membership and Club intention to offer pickleball.
An unidentified speaker expressed the opinion that non -transparency exists at The Club
Volume 65 - Page 402
City of Newport Beach
City Council Meeting
September 27, 2022
Dawna Baroda Clark expressed an interest in preserving The Tennis Club at Newport Beach and
was curious about alternatives.
Lewis Lanzner noted a discrepancy in the number of pickleball and tennis courts.
Jim Mosher questioned the amount that Council can approve in the General Plan Amendment
without a vote of the public pursuant to the City Charter and suggested providing Mr. O Hill with
a total development limit on the property and allowing him to determine the amount of hotel rooms
he can fit within 40,000 square feet.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
In response to Council Member Dixon's question, Community Development Director Jurjis
confirmed that Council has the authority to vote on this amendment.
Council Member Dixon supported the project and proposed a motion to approve the General Plan
and Coastal Development Permit amendments and amend the Community Development Plan to
include a condition requiring 28 pickleball courts, of which Mr. O Hill agreed. Community
Development Director Jurjis stated that the study and entitlement processing are for tennis courts
and confirmed pickleball courts cannot be incorporated without adding a second amendment. City
Attorney Harp indicated that Council cannot require Mr. O Hill to oblige without an analysis and a
statement of intent of Council to provide 28 pickleball courts could be included, but it would not be
binding without an analysis.
Council Member O'Neill noted that all owners must sign off on the plan in order for the map to be
recorded and the applicant can proceed to CCC contingent upon approval. In response to his inquiry,
Community Development Director Jurjis noted that the applicant would need to repeat the CCC
process if the applicant decides to convert to pickleball courts after the project was approved by CCC
for tennis courts, and noted the challenges related to the plan being a Local Coastal Plan
Amendment. Council Member O'Neill relayed why he previously voted "no" on the amendment for
the development agreement and expressed frustrations about the project.
In response to Council Member Brenner's question, Community Development Director Jurjis
indicated that Council can deny, continue, or approve the application. Furthermore, he
acknowledged the pending arbitration case and that Mr. O Hill can submit the entitlements for
Council review.
In response to Mayor Muldoon's request, City Attorney Harp explained that the City has determined
that Mr. O Hill has the authority to process the application under the Newport Beach Municipal
Code provisions and the arbitration is separate from the City.
Mayor Muldoon noted that the Newport Beach Tennis Club is thriving under Mr. Abdali's
leadership, pickleball is the fastest growing sport in America and a better profit opportunity than
tennis courts, and the maps are not showing pickleball courts because they need to split the tennis
courts. In response to Mayor Muldoon's question, Mr. O Hill agreed to have 26-28 pickleball courts,
contingent on the traffic study results.
Motion bMayor Muldoon, seconded by Council Member Dixon, to a) adopt Resolution
No. 2022-65, AResolution of the City Council of the City of Newport Beach, California, Adopting an
Addendum to Mitigated Negative Declaration No. ND2010-008 for the Tennis Club at Newport Beach
Located at 1602 East Coast Highway (PA2021-260); b) adopt Resolution No. 2022-66, A Resolution
of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment,
Amendment to Major Site Development Review No. SD2011-002, Amendment to Coastal
Development Permit No. CD2017-039, Amendment to Vesting Tentative Tract Map No. NT2005-003,
and Amendment to Limited Term Permit No. XP2011-004 for the Tennis Club at Newport Beach
Volume 65 - Page 403
City of Newport Beach
City Council Meeting
September 27, 2022
Located at 1602 East Coast Highway (PA2021-260); c) adopt Resolution No. 2022-67, 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 Newport Beach Country
Club Planned Community Development Plan (PC-47) for the Tennis Club Located at 1602 East Coast
Highway (PA2021-260); d) waive full reading, direct the City Clerk to read by title only, and
introduce Ordinance No. 2022-19, An Ordinance of the City Council of the City of Newport Beach,
California, Approving an Amendment to the Newport Beach Country Club Planned Community
Development Plan (PC-47) for the Tennis Club at Newport Beach Located at 1602 East Coast
Highway (PA2021-260), and pass on to second reading on October 11, 2022; and e) waive full
reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2022-20, An
Ordinance of the City Council of the City of Newport Beach, California, Approving the Second
Amendment to the Development Agreement (DA2008-001) for the Tennis Club at Newport Beach
Located at 1602 East Coast Highway (PA2021-260), and pass on to second reading on October 11,
2022.
Council Member Avery stated that the project is not ready to come to Council, but he believes it is
a great location, facility, and plan and would be a shame if it cannot be brought together for everyone
to win.
In response to Council Member Dixon's questions, Community Development Director Jurjis
explained the series of steps to obtain a permit, Mr. O Hill clarified that the new plan documents
will not include pickleball courts because they already exist and will remain, indicated he agrees
with the conditions approved by the Planning Commission and substitute condition suggested by
staff, shared a willingness to start the traffic study immediately to gain official approval, and
clarified the demolition of tennis courts for the development of a hotel. Community Development
Director Jurjis reiterated the application process for pickleball courts and stated that, if Council
approves the item, Mr. O Hill will submit a fully revised application to the City.
Council Member Dixon discussed next steps and acknowledged the existing pickleball courts,
missing traffic study requirement, and stated that this is a fine project. Community Development
Director Jurjis noted the entitlements are for tennis courts until Mr. O Hill submits a revised
application featuring pickleball courts, which the City will then submit to the CCC.
Council Member Brenner expressed the opinion that the applicant made it difficult for Council, the
project is not ready for approval, and expressed a desire for the applicant to make the project
happen.
With Mayor Pro Tem Blom and Council Members Avery, Brenner, Duffield, and O'Neill
voting "no," the motion failed 2-5.
Motion by Council Member O'Neill, seconded by Council Member Duffield, to continue the
item until the meeting after the Planning Commission approves plans that include pickleball courts.
With Mayor Muldoon voting "no," the motion carried 6-1.
16. Call for Review — Denial of Reforestation Request for 938 Sandcastle Drive [100-20221
Public Works Director Webb and Parks and Trees Superintendent Pekar utilized a presentation to
review the denial, provide background on the initial request, initial inspection findings, staff denial,
reforestation process, Parks, Beaches, and Recreation Commission (PB&R) August 2, 2022 meeting
details, and basis for the call for review to Council.
In response to Council Member Avery's questions, Parks and Trees Superintendent Pekar noted the
current tree is 15 years old, a replacement tree would take many years to grow, the new tree would
not reach the same height as the current tree, and urban forest planting adds more trees. than losing
trees.
Volume 65 - Page 404
City of Newport Beach
City Council Meeting
September 27, 2022
Council Member Avery supported removing the tree and expressed concern for the new tree
providing the same benefits to the environment. Parks and Trees Superintendent Pekar reviewed
options to address Council Member Avery's concern for the environment and noted the history of
tree plantings, volunteer events, plantings in the parks, precedent setting concerns, and the
possibility of fitting two trees in the space.
Council Member O'Neill recommended that Council review City Council Policy G-1, understood that
the request was denied since it did not match the policy, relayed past tree removal experiences,
supported the item, and indicated that the G-1 policy would need to be updated to comply with the
situation.
In response to Mayor Pro Tem Blom's question, Parks and Trees Superintendent Pekar stated public
outreach for the item took place with no public comment received at PB&R's meeting.
Council Member Dixon noted patch work done by the applicant and a root situation that is impacting
the sidewalk. In response to her questions, Parks and Trees Superintendent Pekar relayed that the
existing tree cannot be saved and is not part of the special classification, the new tree is not as large,
no objections were received from the neighbors, and similar requests have been received. Council
Member Dixon supported the applicant replacing the tree and concurred with Council Member
O'Neill that the Council policy should be reviewed. Parks and Trees Superintendent Pekar noted
the street tree for the neighborhood is a Magnolia, but it has been changed due to an insect
infestation.
In response to Council Member Avery's question, Parks and Trees Superintendent Pekar confirmed
that the tree is in the public right-of-way and the City has been caring for it for 15 years. Council
Member Avery expressed concern for the tree not providing the same canopy, loosening the rules,
and the precedents for other tree removal requests. Parks and Trees Superintendent Pekar reviewed
the curb, gutter, and sidewalk project for tree removal in Corona del Mar and noted that the
applicant has offered to pay for the tree replacement. Council Member Avery asked for additional
justification for the removal.
Council Member Brenner agreed with Council Member Avery regarding environmental concerns,
noted the pleasing appearance of uniform trees plantings, agreed with Council Member O'Neill to
provide better direction to PB&R related to trees, and expressed support for the homeowner to
remove the tree.
Mayor Muldoon opened the public hearing.
An unidentified speaker thanked Council, noted the droppings and damage from the current tree,
the homeowner's support for reforesting, stated the property is a beautiful home owned by a
thoughtful neighbor, and expressed support for the tree replacement.
Jim Mosher emphasized similar PB&R requests that were denied pursuant to City Council
Policy G-1, cautioned about the perception of favoritism, and suggested clear Council policy direction
be provided to PB&R.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
Motion by Council Member O'Neill, seconded by Council Member Dixon, to a) determine
this action is categorically exempt from the California Environmental Quality Act ("CEQA")
pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the activities
are in the classes of projects which have been determined not to have a significant effect on the
environment; b) reverse the decision of the Parks, Beaches & Recreation Commission and approving
the application; and c) direct the Parks, Beaches & Recreation Commission to review the removal
and replacement at owner expense in situations where there is general neighborhood support.
Volume 65 - Page 405
City of Newport Beach
City Council Meeting
September 27, 2022
With Council Member Avery voting "no," the motion carried 6-1.
17. Ordinance No. 2022-21: Non -Exclusive Commercial Solid Waste Franchise Agreements
[421100-20221
Public Works Director Webb and Deputy Public Works Director Martin stated that the item before
Council is the approval of three recycling haulers who have met the requirements of the application
process to become nonexclusive commercial franchise haulers and provide construction and
demolition hauling services for multiple projects throughout the City.
Mayor Muldoon opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Duffield, seconded by ayor Pro Tern Blom, 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; and b) waive full reading, direct the City Clerk to
read by title only, introduce Ordinance No. 2022-21, An Ordinance of the City Council of the City of
Newport Beach, California, Granting Non -Exclusive Franchise Agreements for Commercial Solid
Waste and Divertible Materials Handling Services Within the City of Newport Beach, and pass to
second reading on October 11, 2022.
The motion carried unanimously.
18. Community Development Block Grant Program Year 2021-22, Consolidated Annual
Performance and Evaluation Report (C-8209-8) [381100-20221
Community Development Director Jurjis and Real Property Administrator Whitlinger discussed the
Community Development Block Grant (CDBG) program's Consolidated Annual Performance and
Evaluation report that detailed the expended funds and program achievements.
Mayor Muldoon opened the public hearing.
Jim Mosher noted that there was a surplus of grant money and expressed concern relative to the
use for the unspent money.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
In response to Council Member Dixon's question, Real Property Administrator Whitlinger clarified
that the surplus funds are from the BeWell program and will be carried forward into the current
fiscal year, the loan will be repaid after this current year, remaining money can be programmed for
future years, the statutory limit of no more of 15 percent of the grant can be spent on public services,
there are no plans to apply for another loan but can be considered if a project demands it, and the
majority of grant needs come from District 1. Community Development Director Jurjis stated that
banked funds can be applied towards Capital Improvement Projects.
Motion by Council Member Avery, seconded by Council Member Dixon, to a) find this
activity 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; b) approve the Program
Year 2021-22 CAPER; and c) authorize the City Manager or her designee to submit the Program
Year 2021-22 CAPER to HUD.
The motion carried unanimously.
Volume 65 - Page 406
City of Newport Beach
City Council Meeting
September 27, 2022
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 9:34 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
September 22, 2022, at 4:00 p.m.
C r
Leilani I. Brown
City Clerk
Volume 65 - Page 407