HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach
July 23, 2024
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 e-bike helmet 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 regarding bike lane separation, Deputy Public
Works Director Houlihan confirmed that bike lanes are planned for Pacific Coast Highway from
Newport Boulevard to Dover Drive, but noted it would be a lengthy process.
Councilmember Grant suggested placing updated and improved e-bike related messaging on the
City's website.
Nancy Gardner urged Council to identify a review process 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.
III. PUBLIC COMMENTS
Regarding Item 3 (Mooring Permits and 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.
IV. 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
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City of Newport Beach
July 23, 2024
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
negotiatin ed 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 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.
ORDINANCE FOR ADOPTION
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 Newport 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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City of Newport Beach
July 23, 2024
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 from advising 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 eeu14-is all avoidable, and noted one acceptable choice.
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.
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