HomeMy WebLinkAbout01 - MinutesSeptember 10, 2024
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Meeting Minutes
Study Session and Regular Meeting
August 27, 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 - None
III. PUBLIC COMMENTS
Without objection, Mayor O'Neill moved public comments to this time.
Richard Moriarty asked Council to reconsider their approval of the Santa Ana -Delhi Channel
improvements. F
II. CURRENT BUSINESS - continued
SS2. Presentation of Check from the Friends of the Newport Beach Library
Friends of the Newport Beach Library President Amy Hun , Vice President Annie Vangrow, and
Marketing Director Janet Callter presented Library Services Director Hartson and the City
with a $200,000 clift
Mayor O'Neill statedIthaeand his children attend the giant book sale to fill as many bags as
they can and expressed gratitude for inspiring his children to read.
Councilmember Grant reflected on her past experience working in the bookstore, recognized the
achievement of raising $200,000 and noted the times she spent in the bookstore with her
daughter.
SS3. International Literacy Day Proclamation
Mayor O'Neill read the proclamation and presented it to Library Services Manager Lightfoot
who thanked Council for their support and recognition of the program.
SS4. Proclamation to the Trauma Intervention Program (TIP)
Mayor O'Neill read the proclamation and presented it to Executive Director MaryEllen Lowrey
and the Newport Beach representatives/volunteers. Ms. Lowrey discussed the purpose and
function of TIP.
Councilmember Kleiman expressed her gratitude and interest in sharing with everyone the
work of TIP.
SS5. Development Impact Fees (DIF)
Assistant City Manager Jurjis and Senior Planner Westmoreland utilized a presentation to
review how the City currently offsets new development costs, the purpose of development
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agreements and their requirements, the land use amendment zoning overlay, the future of
development agreements, development impact fees, the Nexus study and its key considerations
and basic methodology, existing development and future growth, fee categories that would be
studied, maximum residential and nonresidential fees, cost and revenue projections for each
category, comparison to other service providers, comparison studies with other cities, park
in -lieu fees (Quimby Act) which are assessed to for sale products only, how DIFs could be applied,
and next steps.
In response to Mayor O'Neill's question, Assistant City Manager Jurjis relayed the difficulty of
applying DIF fees to commercial developments, noted that an estimated 1,500 employees have
been generated from the study for a commercial buildout, and thought it was reasonable to
establish fees for police and fire. Senior Planner Westmoreland clarified that a fee would be
assessed for a net increase in intensity or the difference from creating an addition.
In response to Councilmember Avery's question, Senior Planner Westmoreland stated that
developers are currently paying fees on the low income to moderate income units in the airport
area through development agreements, but staff is of the opinion that a DIF should be applied
to the market rate units.
Councilmember Blom supported using the concept for residential developments and for
commercial developments that are not subject to sales tax or Transient Occupancy Tax (TOT),
expressed a mixed opinion and looked to his colleagues fo input on applying DIF to
visitor/residential serving uses, and suggested an incentive o make residential villages
community driven. r
Mayor O'Neill concurred with Councilmember Blom and /stated he did not anticipate the same
intensification of commercial developments as opposed to residential developments. Assistant
City Manager Jurjis referenced past proposed projects as data points.
Assistant City Manager Jurjis reviewed the "maximum justified fee schedule nonresidential
(square foot)" slide and asked for Council's feedback. Mayor O'Neill suggested that a minimum
square footage for commercial developments be used. Assistant City Manager Jurjis anticipated
changes to residential developmentrwithin the airport area.
Councilmember Avery concurred with Councilmember Blom and supported building
communities around residential developments. Further, he thought the City has a responsibility
to treat this like a new village that will work for all residents.
Councilmember Weiga7 suggested monitoring the impact on water demands. In response to
his question, Assistant City Manager Jurjis stated that the market rate and affordable units
will be separated and DIF will be applied to the market rate units only.
Mayor O'Neill stated that the consensus is to bring back the residential piece, but more thought
is needed to incorporate a community approach to commercial development. He directed staff to
move forward with the residential side and Council will think about the type of commercial to
apply the DIF, and asked that staff return at a future meeting with a concept for commercial
that incorporates today's discussion.
Jim Mosher inquired about the Regional Housing Needs Assessment (RHNA) unit commitment
used by the consultant, including density bonus units, the recreation facility charge based on
the land value, the comparable sewer charge comparison, traffic volume and related fee changes,
and how the development agreement fee in Item 22 (Residences at 1600 Dove Street) compares.
Adam Leverenz asked about a timeframe for the development fees and the impact the fees may
have on the level of development.
Assistant City Manager Jurjis indicated that staff will look over the buildout number so it is
consistent with the Housing Element and what the consultant is using for the study, fees can
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be applied to density bonus units, traffic volume fair share fees have not been studied in a while
but will be looked at, and development fees would be incurred when the permit is issued for new
facilities.
Councilmember Weigand noted the impact to water and sewage use with a net increase in
square footage. Mayor O'Neill clarified that the fee would be charged when there is an
intensification that requires an increased pipe size, the volume is addressed by the amount of
water consumed, and acknowledged that Councilmember Weigand's point is valid related to
infrastructure and increased pump station usage.
III. PUBLIC COMMENTS
Jim Mosher relayed that the City Charter provides for Council to meet only one time in August as an
option, not a requirement, and asked if the Mayor would be holding any upcoming Coffee with the Mayor
events.
IV. CLOSED SESSION — Council Chambers Conference Room
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 thei�tles.
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS 1W
(Government Code § 54956.8): 1 matter
Property: 406, 408, and 410 South Bay Front, Newport Beach, California 92662.
City Negotiators: Seimone Jurjis, Assistant City Manager, and Lauren Wooding Whitlinger,
Real Property Administrator. Omni
Negotiating Parties: Seur Beek.
*14mr
Under Negotiation: Instruction to City Negotiators regarding price and terms of payment.
B. CONFERENCE WITH LABO GOTIATORS
(Government Code § 54957.6): atter
Agency Designated Representatives: Grace K. Leung, City Manager, and Barbara Salvini,
Human Resources Director.
Employee Organizations: Newport Beach Professional and Technical Employee Association
(NBPTEA), Newport Beach City Employees Association (NBCEA); and Newport Beach Employees
League (NBEL), and Association of Newport Beach Ocean Lifeguards (ANBOL).
V. RECESSED — 5:10 p.m.
VI. RECONVENED AT 6:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
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
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION — Pastor W. Dan Erlenbusch, Newport Harbor Lutheran Church
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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 Kleiman:
• Extended a belated birthday wish to Councilmember Grant
• Attended the Junior Lifeguard Monster Mile, the Newport Beach Police Department (NBPD)
National Night Out, and a Sober Living Task Force meeting
• Announced an impending Joint Legislative Audit Committee (JLAC) audit of the Department of
Health Care Services (DHCS) licensing
Councilmember Avery:
• Attended the ribbon cutting for the 29th Street Public Pier and launching of the VITA Seal electric
boat in the Harbor
AW
Councilmember Grant:
• Spoke at the Eastbluff Town Hall 91
• Attended the NBPD Teen Academy graduation with the Mayor, the OASIS Senior Center general
meeting, the NBPD National Night Out, the Newport Beach Chamber of Commerce's State of the
County event, and a California Surfing Day event in Sacrament
Mayor Pro Tem Stapleton:
• Attended the ribbon cutting for the 29th Street Public Pier, the Chamber of Commerce State of the
County event, the Demolition Derby at the Orange County Fair and noted he won the first place
trophy and the event raised over $50,000 for CHOC Hospital
• Announced an opportunity to apply for the Newport Beach Foundation Distinguished Citizen
Program
Mayor O'Neill: 40
• Announced the Make a Wish's Police and Fire Departments waffle eating contest at Cappy's and
the Newport Beach Junior Lifeguard program's conclusion and graduation
XIII. MATTERS WHICH COUNCILMEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA (NON -DISCUSSION ITEM)
• Consider taking a suppo t position for Proposition 36 on the November 2024 ballot
[Mayor O'Neill and Councilmember Weigand]
The City Council unanimously concurred to bring the item back at a future meeting.
Consider creating a Council ad hoc committee for the purpose of reviewing and
providing recommendations on the City Council's Total Compensation Policy and
comparator agencies for employee compensation [Councilmember Kleiman]
The City Council unanimously concurred to bring the item back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 4 (Side Letter Agreements with Labor Groups Representing City Employees), City
Manager Leung provided a brief oral report to discuss the proposed compensation recommendation for
labor groups and members of the executive management team.
City Attorney Harp noted that Exhibit C in Item 13 (Lease Agreement with Balboa Angling Club)
requires an amendment to show the parking spaces.
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Jim Mosher questioned the transparency of who and how many staff members would be receiving a
bonus in Item 4 (Side Letter Agreements with Labor Groups Representing City Employees), voiced
concern about the message being sent to the public about drinking alcohol on the beach in Item 5
(Waiving Council Policy B-8, and Section A.1 of Council Policy B-13 to Permit an Annual Charity
Volleyball Tournament and To Allow for Alcoholic Beverages on a City Beach), and public education
about waste management programs and the validity of green waste diversion statistics in Item 20
(Response to the Recommendations of the Orange County Grand Jury Report "Talking Trash:
Recyclables and Organic Waste").
Adam Leverenz suggested that Council consider using the space referenced in Item 14 (Agreement for
Purchase of Real Property at 301 East Balboa Boulevard) for housing units and subterranean parking.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 23, 2024 City Council Meeting
Waive reading of subject minutes, approve as amended, a order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under considerationla irect the City Clerk to read by title
only. 0
RESOLUTIONS FOR ADOPTION
3. Resolution No. 2024-59: Accepting the California Department of Alcoholic Beverage
Control FY 2024/2025 Alcohol Policing Partnership Grant Award
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)() 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. 2024-59, A Resolution of the City Council of the City of Newport Beach,
California, Accepting the California Department of Alcoholic Beverage Control FY 202412025
Alcohol Policing Partnership Grant Award, and Designating the Chief of Police as the
"Authorized Agent" to Execute Grant Documents Necessary to Secure Payment and
Implementation of Grant Funds to Supplement the Police Department's Alcohol Education and
Enforcement Efforts; k
c) Approve the grant and accept the California Department of Alcoholic Beverage Control
FY 2024/2025 Alcohol yPolicing Partnership Program grant award in the amount of $56,860, and
authorize the Chief of Police to execute the agreement; and
d) Approve Budget Amendment No. 25-009 to increase revenue estimates by $56,860 in the ABC
grant account, No. 01035352-431472-G2501 and to increase expenditure appropriations in the
Detective Division in the amount of $34,760 in the Overtime - Safety account, 01035355-713002-
G2501; $15,600 in Salaries - Safety, 01035355-711002-G2501; $3,500 in Special Department
Supplies, 01035355-841015-G2501; and $3,000 in Training, 01035355-861003-G2501.
4. Resolution No. 2024-60: Approving Side Letter Agreements with Labor Groups
Representing City Employees (C-2056, C-2058A, C-2058B, C-2060, C-2932, C-2946 and
C-3362), Approving an Amendment to the Key and Management Compensation Plan and
Authorizing the City Manager to Enter into Amendment B to the Employment Agreement
with the Fire Chief (C-8182-2)
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. 2024-60, AResolution of the City of Newport Beach, California, Approving
Side Letter Agreements with Labor Groups Representing City Employees, Approving an
Amendment to the Key and Management Compensation Plan and Authorizing the City Manager
to Enter into Amendment B to the Employment Agreement with the Fire Chief;
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c) Authorize the City Manager to Execute Amendment B to the Employment Agreement with the
Fire Chief; and
d) Approve Budget Amendment No. 25-012 appropriating $1,920,137 to various salary and benefit
accounts.
5. Resolution No. 2024-61: Waiving Council Policy B-8, and Section A.1 of Council Policy
B-13 to Permit an Annual Charity Volleyball Tournament and To Allow for Alcoholic
Beverages on a City Beach
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15304 under Class 4 of the CEQA Guidelines, because this project has no potential to
have a significant effect on the environment; and
b) Adopt Resolution No. 2024-61, A Resolution of the City Council of the City of Newport Beach,
California Waiving Council Policy B-8, and Section A.1 of Council Policy B-13 to Permit an
Annual Charity Volleyball Tournament and to Allow for Alcoholic Beverages on a City Beach.
CONTRACTS AND AGREEMENTS
6. Bonita Creek Community Center Improvements - Notice of Completion for Contract
No. 9333-1 (23F02)
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 Malerials'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.
7. 2023-2024 Facilities Painting Project - Award of Contract No. 9393-1 (24F02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 Class 1 (maintenance of existing facilities involving no expansion or an existing
use) 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;
b) Approve the project plans and specifications;
c) Award Contract No. 9393-1 to GCD Painting for the base bid price of $167,000 plus additive
Utilities Yard Building 7 for $7,000, for a total price of $174,000 for the 2023-2024 Facilities
Painting Project, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $17,400 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
8. Alley Restoration (Asselssmer District 113 and Assessment District 124 Phase 0 Areas) -
Award of Contract No. 7979-3 (25R07)
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. 7979-3 to Grigolla & Sons Construction Company, Inc. for the total bid price
of $3,774,000 for the Alley Restoration (AD-113 and AD-124 Phase 0 areas) project, and
authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $377,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
Councilmember Blom recused himself from Item 8 due to real property interest conflicts.
9. San Miguel Park Accessible Playground Improvements - Reject All Bids for Contract
No. 9371-1 (24P01)
a) Find this project 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) Reject all bids received for Contract No. 9371-1; and
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c) Direct staff to re -advertise the San Miguel Park Accessible Playground Improvements.
10. Approval of Professional Services Agreements with Willdan Engineering, (C-8032-3),
Iteris Inc. (C-8390-3), Ganddini Group, Inc. (C-8602-2), and Fehr & Peers (C-9709-1) for
On -Call Transportation Engineering 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 thisaction will
not result in a physical change to the environment, directly or indirectly; and
b) Approve Professional Services Agreements with Willdan Engineering, Iteris Inc., Ganddini
Group Inc., and Fehr & Peers with each agreement being for a term of three years and having
a total not -to -exceed amount of $300,000, and authorize the Mayor and City Clerk to execute
the agreements.
11. Approval of Professional Services Agreements with BKF Engineers, (C-9710-1), Coast
Surveying, Inc. (C-7685-1A), and GUIDA (C-7685-2A) for On -Call Professional Surveying
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 t^CEQA Guidelines because this action
will not result in a physical change to the environment, dirctly or indirectly; and
b) Approve Professional Services Agreements with BKF Engineers, Coast Surveying, Inc. and
GUIDA, with each being for a term of five years and total not -to -exceed amount of $500,000 per
agreement and authorize the Mayor and City Clerk to execute the agreements.
12. Pulled from the Consent Calendar
13. Lease Agreement with Balboa Angling Club for Use of the Real Property and Tidelands
at 200 A Street (C-1609A)
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 Section 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 this action will not result in a physical change to the environment, directly
or indirectly;
b) Authorize the City Manager and City erk to execute the Lease Agreement by and between the
City of Newport Beach and Balboa Angling Club, for use of the City -owned property located at
200 A Street, in a Irm substantially similar to the agreement attached to the staff report; and
c) Approve a waiver of City Council Policy F-7 — Income and Other Property based on the findings
contained in this staff report and the Agreement, 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 marine related services 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.
14. Agreement for Purchase and Sale and Escrow Instructions with Bobby Hanada and
Linda Hanada, Husband and Wife as Joint Tenants for the Purchase of Real Property at
301 East Balboa Boulevard (C-9714-1)
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 Section 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 this action will not result in a physical change to the environment, directly
or indirectly;
b) Authorize the City Manager and City Clerk to execute the Agreement for Purchase and Sale of
Real Property and Escrow Instructions, and all associated documents necessary to complete the
purchase transaction, with Bobby Hanada and Linda Hanada, to purchase the property at 301
East Balboa Boulevard, for a price of $2,600,000 in a form substantially similar to the agreement
attached to the staff report; and
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c) Approve Budget Amendment No. 25-013 to record a budget transfer of $2,832,000 from the
General Fund to the General Fund CIP Fund where it will be expensed from 01201925-911047-
25F11.
15. On -Call Maintenance/Repair Services Agreement with Vessel Assist LLC for On -Call
Vessel Towing Services (C-9712-1)
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 On -Call Maintenance/Repair Services Agreement with Vessel Assist LLC for On -Call
Vessel Towing Services at a not -to -exceed amount of $375,000, and authorize the Mayor and
City Clerk to execute the agreement.
16. Amendment No.1 to Agreement with Axon Enterprise Inc. for the Fusus Intelligence
Ecosystem (C-8973-1)
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 environmen#Qdirectly or indirectly; and
b) Approve Amendment No. 1 to the Purchase, Installation and Maintenance Agreement with Axon
Enterprise, Inc. for the Fusus system and serdjj��es at a not -to -exceed cost of $886,990.60, and
authorize the Mayor and City Clerk to execute the` &endment.
17. School Resource Officer Program Agreement (C-8510-8)
a) Determine that the action is exempt from the California Enviro mental 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 Newport -Mesa Unified School
District to participate in the School Resource Officer Program, and authorize the Mayor and
City Clerk to execute the agreement on behalf of the City of Newport Beach.
MISCELLANEOUS _dT 4
18. Planning Commission Action Report for the August 8, 2024 Meeting and Agenda for the
August 22, 2024 Meeting
Receive and file.
19. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library
and Appropriate 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 $200,000 from the Friends of the Newport Beach Library and
approve Budget Amendment No. 25-007 to increase expenditures by the same amount in
Division 0106052 (Friends).
20. Response to the Recommendations of the Orange County Grand Jury Report "Talking
Trash: Recyclables and Organic Waste"
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 response letter to the Presiding Judge as requested with regard to the Orange
County Grand Jury's report entitled "Talking Trash: Recyclables and Organic Waste," and
authorize the Mayor to sign the letter.
21. Response to the Orange County Grand Jury Report "E-Bikes: Friend or Foe"
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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) Approve the City's response to the 2023-2024 Orange County Grand Jury report, "E-Bikes:
Friend or Foe," and authorize the Mayor to submit the letter to the Presiding Judge of the
Superior Court.
Motion by Mayor Pro Tern Stapleton, seconded by Councilmember Blom, to approve the
Consent Calendar, except for the item removed (Item 12); and noting the amendments to Item 1, the
recusal by Councilmember Blom to Item 8, and the amendment to Exhibit C in Item 13.
The motion carried unanimously.
XVI. ITEM REMOVED FROM THE CONSENT CALENDAR
12. Professional Services Agreement with EPD Solutions for Environmental Services for the
Proposed Surf Farm Project at 3100 Irvine Avenue (PA2024-0069) (C-9713-1)
Councilmember Weigand clarified for the public that the item is for the consultant to complete an
Environmental Impact Report (EIR) analysis on the impacts the project would have on the
community. He stated that the public will have opportunities for input, the project would need to be
heard by the Planning Commission, eventually be considered by Co ncil, and added that the EIR
will be paid for by the applicant. F
At Mayor O'Neill's request, Assistant City Manager Jurjis and Senior Planner Perez discussed the
process and timeframe to approve an application project.
Bill Gromaski expressed his dissatisfaction with and opposition t the proposed surf park and asked
to not approve the project. _L W
Motion by Councilmember Weigand, secoAWd by Councilmember Avery, 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) authorize the Mayor and City Clerk to
execute a Professional Services Agreement with Environment Planning Development Solutions, Inc.
for EIR Related to Proposed Surf Farm Project in an amount not to exceed $277,630 in a form
substantially similar to the agreement attached to this staff report.
The motion carried unanimously.
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Adam Leverenz utilized a slide to discuss Burnham USA Equities and suggested there may be a
potential conflict since Councilmember Blom is renting property from a trustee and CEO of one of their
entities. He asked for reconsideration of a previously approved item to create a higher level of trust.
Mayor O'Neill noted that the City Attorney indicated there is no conflict of note.
XVIII. PUBLIC HEARINGS
22.Ordinance No. 2024-18 and Resolution Nos. 2024-62 and 2024-63: Approving the
Residences at 1600 Dove Street Project, and Resolution No. 2024-64: Overriding Orange
County Airport Land Use Commission's Determination of Inconsistency (PA2022-0297)
(C-9225-2)
Mayor O'Neill and Mayor Pro Tem Stapleton recused themselves due to their membership
in the Pacific Club which is in close proximity to the project.
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Assistant City Manager Jurjis and Senior Planner Westmoreland utilized a presentation to discuss
the project location and description, entitlements required, dwelling unit summary, conceptual
elevations, density bonus, the Affordable Housing In -Lieu Park (AHIP) fee, development agreement,
City Charter Section 423 (Greenlight) analysis, background, recommendations and next steps.
Councilmember Avery opened the public hearing.
Satish Lion, representing The Picerne Group (TPG), utilized a presentation to review the project
team, the current condition, product evolution, community support, and community commitment.
Councilmember Grant expressed her gratitude and excitement for the project.
Jim Mosher estimated that 27,000 units would be needed to meet the affordable housing unit
requirement, questioned why a million dollars of park improvements are being waived, and noted
the challenges created due to frequent overrides by Council.
Hearing no further testimony, Councilmember Avery closed the public hearing.
Councilmember Blom thanked The Picerne Group, thou was a step in the right direction,
and thanked the applicants.
Motion by Councilmember Blom, seconded Co filinember Kleiman, to a) adopt
Resolution No. 2024-62, A Resolution of the City Council of the City of Newport Beach, California,
Adopting Addendum No. 9 to the 2006 General Plan Update Program Environmental Impact Report
and 2008-2014 City of Newport Beach Housing Element Update Initial StudylNegative Declaration
for the Residences at 1600 Dove Street Project Located at 1600 Dove Street (PA2022-0297); b) adopt
Resolution No. 2024-63, A Resolution of the City Council of the City of Newport Beach, California,
Approving a General Plan Amendment, Affordable Housing Implementation Plan and Traffic Study
for the Residences at 1600 Dove Street Project Located at 1600 Dove Street (PA2022-0297); c) waive
full reading, direct the City Clerkto read by title only, introduce Ordinance No. 2024-18, An
Ordinance of the City Council of the City of Newport Beach, California, Approving a Development
Agreement (C-9225-2) for the Residences at 1600 Dove Street Project Located at 1600 Dove Street
(PA2022-0297), and pass to second reading on September 10, 2024; and d) adopt Resolution
No. 2024-64, A Resolution of the City Council of the City of Newport Beach, California, Finding the
Residences at 1600 Dove Street Project is Consistent with the Purposes of the State Aeronautics Act
and Overriding the Orange County Airport Land Use Commission's Determination that the
Residences at 1600 Dove Street is Inconsistent with the 2008 John Wayne Airport Environs Land Use
Plan (PA2022-0297).
With Mayor O'Neill and Mayor Pro Tem Stapleton recusing themselves, the motion
carried 5-0.
23. Resolution No. 2024-65: Approving the Issuance by California Enterprise Development
Authority of Not -to -Exceed $55,000,000 Aggregate Principal Amount of the Authority's
Revenue Obligations for the Benefit of Sage Hill School for the Purpose of Financing
and/or Reimbursing the Cost of Acquisition, Construction, Installation, Equipping and
Furnishing of Educational Facilities and Other Matters Relating Thereto Herein
Mayor O'Neill opened the public hearing. Hearing no further testimony, he closed the
public hearing.
Motion by Mayor O'Neill, seconded by Councilmember 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) adopt Resolution No. 2024-65, A Resolution of the City
Council of the City of Newport Beach, California, Approving the Issuance by California Enterprise
Development Authority of Not -to -Exceed $55,000,000 Aggregate Principal Amount of the Authority's
Revenue Obligations for the Benefit of Sage Hill School for the Purpose of Financing and/or
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City of Newport Beach
August 27, 2024
Reimbursing the Cost of Acquisition, Construction, Installation, Equipping and Furnishing of
Educational Facilities and Other Matters Relating Thereto Herein Specified.
The motion carried unanimously.
XIX. CURRENT BUSINESS
24. Homeless Outreach Services Biannual Update (C-8778-2)
Police Chief Cartwright, Deputy Police Chief Aguilar, and City Attorney Harp utilized a
presentation to review homeless data, proposed changes, service review, proposed staffing
enhancements, and reviewed the Be Well OC agreement.
City Manager Leung noted the progress that has occurred over time on this matter, the reduced
Point -in -Time count, and a continued prioritization for further improvement.
Police Chief Cartwright stated that the Quality -of -Life Team will consist of four officers who will
only focus on this matter.
Ruth Kobayashi expressed concern for disorder and compromised safety, proposed a more assertive
strategy, shift in resources, increased enforcement, and an increased focus on street exits. She urged
Council to replace the Be Well contract and consider the"impact of the Orange County
Transportation Authority (OCTA) Transportation Center in the long-term public safety strategy.
Mario Marovic relayed his daily experience wit homeless individuals around his businesses, police
department calls, and believed there has be an exponential increase in homelessness in the last
30 days. 40
John Palmer, a local business own er, urged Councj� to address the matter expeditiously. He noted
personal encounters with homeless individuals and�veapons.
John Scholtz voiced his support for the Supreme Court's ruling to give cities the authority to enforce
no camping ordinances and suggested partnering with other cities, counties, and nongovernmental
organizations to build a regional center.
Pamela Murray read an email from a frequent guest regarding her experiences with the homeless
population. She noted many similar encounters this year including drug use and that the only thing
that has helped is the police presence.
Pamela Peterson relayed phone calls she has made to the police, noted uncomfortable experiences
with homeless individuals in Veterans Park over the last couple of days, and expressed her personal
frustration.
Jim Mosher inquired about the ratio of Be Well representatives helping the general Newport Beach
population to the homeless population and asked if if the ordinance makes it legal to allow people
to sleep on the grass during the day and move at night or if it is prohibited by another law.
An unidentified speaker stated he knows firsthand the daily and nightly problems with the public
restroom next to Marina Park, supported all the previous speakers, and asked the City to continue
addressing the matter.
Adam Leverenz stated he has witnessed a lot of what other speakers have shared, was assaulted in
Costa Mesa by a homeless individual, noted the current enforcement policy and believed that more
laws probably will not have the desired effect, and encouraged Council to keep thinking about more
solutions.
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Jennifer Hoff encouraged Council to take a zero -tolerance approach for any vagrancies, dig into the
core values of programs, get involved with family groups who are advocates, and consider a triage
system.
Mayor O'Neill asked Ms. Hoff to reach out to the Homeless Subcommittee to share her comments.
Tom Porter concurred with the previous speakers and asked Council to come up with solutions to
deal with this problem and do everything possible.
Jamie Woodworth shared his experiences with the homeless population, calls to the police, problems
at 15th Street, and security camera surveillance at his home. He expressed concern for an increase
in the homeless population with nearby cities clearing out homeless individuals and looked to
Council for solutions.
Kate Marovic shared an experience with a homeless individual she witnessed in Corona del Mar
and expressed concern for her safety while being out with her friends and without an adult.
Councilmember Kleiman expressed her appreciation $r reducing the Point -in -Time count,
acknowledged City staff for their support, noted the impacts on the City due to the growing homeless
population, relayed that the proposed ordinance restores local authority, supported the municipal
code changes, summarized the homeless population data, relayed the amendments to the Be Well
scope and contract terms in anticipation of a change in the legal landscape, outlined mental health
tax -funded resources, and stated that she does not support extending the contract with Be Well.
Mayor Pro Tem Stapleton thanked the community fox' their attendance and comments,
acknowledged the homelessness issues, thought this is a step in the right direction, thanked
everyone involved and their efforts, and supported the creation of the Quality -of -Life team,
partnering in a mental health solution, and this new model. He announced that this matter is a top
priority for the City and the community's voice has been heard.
Councilmember Grant thanked staff for the six-month report and the work being done to address
homelessness, expressed disappointment in the county -wide homelessness statistics, noted that
there is not effective leadership for a regional solution, and emphasized the need for an immediate
solution. She supported the police department's efforts, pointed out that the City is being proactive,
noted that some individuals choose to remain on the streets, believed the City needs a paradigm
shift, and noted the continuation of the Bridge Shelter and that all of the City's resources must work
to achieve the established Council policy. She supported the police department and an alternative
policing regiment, allocating resources to for the new team, focusing on quality of life and street
exits, and beginning in-house prosecution. She did not view Be Well as an effective partner and
recommended reallocating the funds to police department resources.
Councilmember Avery noted this issue is his number one disappointment, the importance of public
input, and the City needs to double its efforts and quickly.
Councilmember Blom thanked Councilmember Kleiman for her energy and dedication on the
matter; and expressed support for all of the police department's efforts to keep Newport safe, happy,
and clean.
Mayor O'Neill noted models that do not work, the negative effects on homelessness and crime being
a neighboring community to the County of Los Angeles, and settlement agreements signed by other
cities that limited responsiveness. He stated that Newport Beach joined briefs for Supreme Court
review, was one of the only cities to ask the Supreme Court to review the original Boise case, and
joined the amicus brief out of Grants Pass. He emphasized the importance of maintaining local
control and that tonight's decision is a good step in doing better.
Motion by Councilmember Kleiman, seconded by Mayor O'Neill, 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
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City of Newport Beach
August 27, 2024
the environment, directly or indirectly; b) receive and file the biannual homeless outreach services
update and data reports for the period from January 1, 2024 through June 30, 2024; and c) waive
full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-19, An
Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 10.08
(Interference with Public Access), Chapter 10.14 (Prohibition Against Camping in Public Places), and
Section 11.04.070 (Prohibited Conduct) of Chapter 11.04 (Parks, Park Facilities, and Beaches) of the
Newport Beach Municipal Code, and pass to second reading on September 10, 2024.
The motion carried unanimously.
25. Appointment of a Parks, Beaches and Recreation Commissioner to Fill an Unscheduled
Vacancy
City Clerk Brown read the votes as follows:
Travis Pirdy - Weigand
Sara Weber - Avery, Blom, Grant, Kleiman, O'Neill, Stapleton
City Clerk Brown announced that Sara Weber was app to a term that expires on June 30,
2025.
XX. MOTION FOR RECONSIDERATION- None tA -d
XXI. ADJOURNMENT - Adjourned at 8:01 p.m. in memory of Steve Bromberg and Stan Bressler
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
August 22, 2024, at 4:00 p.m.
Leilani I. Brown
City Clerk
Will O'Neill
Mayor
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