HomeMy WebLinkAbout01 - Minutes - CorrespondenceNewport Beach City Council Meeting 10/08/2024 — Public Comment Re:
Draft Meeting Minutes of September 24, 2024:
MII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Adam Leverenz utilized slides to display and discuss the tidelands boundary and email exchanges with
Mayor O'Neill. He stated that granting public property to a private for -profit entity is not in the best
interest of the fee -paying public. In response to NiT. Ley erenZs comments. Mayor O'Neill stated that the
email that was presented is incomplete, and his response stemmed from the moray Mr. Leverenz was
speaking to Council and staff.
For clarity and the record, attached is a general transcript of the exchange
noted above (2 pgs.), the associated presentation materials (3 pgs.),
and the complete, related e-mail exchange in chronological order, with
Mayor O'Neill's noted "incomplete" portion, being the first e-mail in the
chain (3 pgs.).
Newport Beach City Council Meeting 09/24/2024 —
Partial Transcript, Public Comment on non -agenda Items,
starting at approximately 1:10:17+ on the timeline:
https://newportbeach.granicus.com/player/clip/4408?redirect=true
Adam Leverenz: I have some graphics I submitted. Adam Leverenz again, talking
about Balboa Yacht Basin again. The image up here shows the Uplands Tidelands
division of Balboa Yacht Basin, the City owned marina. And the Upland portion is
shaded in green, and as you can see, it goes well into the water -space of the marina.
At the August 27th Council Meeting I'd mentioned elected officials being displeased
with my observations on possible conflicts of interest related to Councilmember Blom
being so supportive, and voting to endorse City consideration of Burnham -Ward
Properties receiving, as "exempt surplus land", "over the course of a 50-year lease
term", a portion of Balboa Yacht Basin.
don't think granting such a highly valuable public property as "surplus", to a
private, for -profit entity, is in the best interests of the fee -paying public.
The President and CEO of Burnham -Ward Properties, while contracting with the City
as a real estate developer at BYB, also appears to be a landlord of Councilman Blom
through a trust. News and promotional items, and court filings, evidence other close
business ties. To me, these things, create at the very least, appearances of
impropriety. Next slide please.
Also at the August meeting, Mayor O'Neill and Mayor Pro Tem Stapleton each
recused themselves from an agenda item, because they are members of The Pacific
Club, "a premier private club for business, family, and social events", which is perhaps
1,000 feet, from where the agenda item under consideration would be situated.
If recusal is warranted due to this multiple, to this minute physical proximity, I'd
certainly think it warranted when a matter before Mayor and Council involves a party
appearing to have landlord/tenant/business relationships with a decisionmaker. Next
slide please.
I'd e-mailed Mayor O'Neill, asking quote are you contending that a Councilmember
having a landlord/tenant/business relationship as indicated by multiple news sources,
does not create any conflict -of -interest, which would/should preclude that
Councilmember from discussing/voting on a matter, if the matter involves "sister
companies"; "related entities and affiliates", and others, of the landlord/tenant/business
relationship partners?
The Mayor has declined to answer, saying instead, that the City Attorney said there's
nothing to it.
If Councilmember Blom vocally supporting, and voting in favor of a prospective 50-
year contract, for prime waterfront/Harbor public property, to a for profit entity,
headed by someone who also rents to the Councilmember through a trust, is in your
mind acceptable and ethical Mayor, I ask that you please tell us on the record now?
Mayor O'Neill: Keep goin.
Adam Leverenz: I, I'm. You won't answer, correct?
Mayor O'Neill: Adam, I'm just gonna tell ya real quickly, the e-mail that you're showing
people right now, is not the complete e-mail chain. The reason I was upset with you,
was the way you were talking to us and advocating, and in the way that you've talked
to staff in the past. And in fact at the last Council Meeting, so that all these people can
hear it, I actually made that point. So Adam.
Adam Leverenz: The e-mail is available for anybody that requests it. I'm just clarifying,
you refuse to answer the question?
Mayor O'Neill: Oh my gosh. Adam, go ahead. This again is an example, but go ahead.
You can have an addition 30 seconds if you would like Mr. Leverenz.
Adam Leverenz: I'm just waiting for an answer.
Mayor O'Neill: Alright. Then next speaker please. On non -agenda items. Come on
forward.
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On Aug 19, 2D24, at 3:40 PM, Ad lever <adlever@hotmail.corn> wrote:
Mr. Harp,
Thankyou foryour prompt reply. I guess we'll haveto agree to disagree an this matter. I do notfeelthat your
apparent efforts to trivialize, or create distance betweenthe parties (Burnham -Ward; Burnham USA; "sister
companies"; "related entities and affiliates", etal.), reflectwell on the governmental procurement process in
this instance. I'II oontinueto hope for better.
Having heard Councilmember Blom state at two public meetings, that he would essentially like to not remain
in office, I'm encouraged to learn from you, that someone else has filed.
could certainly understand Mr. Blom feeling that he's had enough.
Take care,
Adam
From: Harp, Aaron <aharp@newportbeachm.gov>
Sent: Monday, August 19, 2024 2:39 PM
To: Ad lever <adIever@hotmail.com>
Cc: Jenn ifer@5LC <J en niter. Lu cch esi@slc-ca.gov>; Seth. Bla ckmon @slc.ca.gov CSeth.Blackm o nODslc. ca.gov>;
Reid.Boggia nopsl c_ca.gov <Reid _Boggiano @slc_ca.gou>; Saha r_Ou ral i end oi. cagov <Sahar.0u ra li@doj. ca.gov>;
Kate. H ucke l bridge@ooasta I.ca gov <Kate. H udre l bridge@ccastalca gov>; Ka rl.Schwi ng@coasta 1. ca.gov
< Karl. Schwing@coastal.cagov>1 Leung, Grace <gleung@newportbeachca.gov>; Jurjis, Seimone
tsjurJs@newportbeachca_gov>; Finnigan, Tara <TFinnigan@newportbeachca.gov>
Subject: RE: Balboa Yacht Basin - Burnham -Ward
Good afternoon Mr_ Lever_
Our office is in receipt of ymu- letter alleging that Council Member Blom has a conflict of interest and should have
fecused himself trotter considering matters related to the Balboa I aclrt Basta Our office has preciously discussed these
alleged conflicts with Council Meinhef Blom, and he has autixg rpd oiu office to respand to these concern. ARer
ewdully rec.'iewing these allegatioms (which were pm-Lously made by forme[ -Council Member Herdmaa oho is running
against Coma/ Member Blom in the upcomiag election). we have determined that Council Member Blom does act have
a conflict of interest.
Specifically, in your correspondence you raise concerns about Are Food & Libations in Costa Mesa (Le., Arc *1 is you
correspondence). As you note, Burah— Ward preriottsly developed this property- howeverit was sold. and Burnham
R'afd na longer has an ownership interest ui the property. Aho, while the article you cite by Ms_ Samauth Gowen states
that Bumham ;Vard Properties manages the center, the new owner actively manages all fiaencial matters im of tag the
teuaats. and Bumham Ward Properties is not im ch-ed in matters that could have a financial impact on Arc Food &
I.ildhona
Also, you raise concerns about Are Butcher & Baker in Neuport Beach (i. e., Arc 92 in yow correspondence). I has.-e
discussed this issue with Council Member Blom and Burnham Wafd does not own the property or have any interest
therein Arc Butcher & Balctr's lease for the property is with a trust and Burnham Ward has no interest in the trust.
In conclusion, mu- office has not ideutifred any financial interest between Burnham Zk and and Ccgmcil Member Blom that
would constitute a conflict of interest.
Please let me know if you have any questions.
From: O'Neill, William <woneill@newportbeadhca.gov>
Sent: Tuesday, August 20, 2024 3:51 PM
To: Ad lever =adIever@hotmail.com>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
You are intelligent enough io know what I have said and why I said d.
VWII O'Neill
Newport Beach Mayor
From: Ad lever <adlever@hotrnail.carry
Date: Tuesday, August 20, 2024 at 10:45 AM
To: O'Neill, William <mneill@newportbeachca.gov>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Mayor O'Neill,
Thank you forthe courtesy of a reply. I know that sometimes when speaking to an issue in instances where
I've failed at efforts using what I'm told is common sense, I can revert to sarcasmor irony. I do not prefer that,
but believe it or not, it has been successful elsewhere... at times. And when it's not, there can be value in
determining where people's positions are on things. To that end here, are you contending that a
Councilmember having a land Iordjtenantfbusiness relationship, as indicated by multiple news sources, does
not create any conflict -of -interest, which wouldishould preclude that Councilmember from discussingfvoting
on a matter, if the matter involves "sister companies"; "related entities and affiliates", et al." of the landlord/
tenant/business relationship partners? Seriously, I value your opinion, and am open to the possibility of you
changing my mind on the ethics of subject.
Take care,
Adam
From: O'Neill, William <woneill@newportbeachca.goo
Sent: Tuesday, August 20, 2024 7:35 AM
To: Ad lever <adlever@hotmail.com>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Adam - I don't know what part of your life has been successful with this type of snarkiness, but I can
assure that it is having the opposite impact that you seek in your public advocacy_
Sincerely,
Mayor trill O'-Neill
wonei II@newportbeachca_gov
100 Civic Center Dr.
Newport Beach CA 926M
From: Ad lever <adlever@hotmail.com>
Sent: Monday, August 19, 2024 1:48 PM
To: jstapleton@newportbeachca.gov <jstapleton@newportbeachca.gov>; bavery@newportbeachca.gov
<bavery@newportbeachca.gov>; eweigand@newportbeachca.gov <eweigand@newportbeachca.gov>;
rgrant@newportbeachca.gov <rgrant@newportbeachca.gov>; nblom@newportbeachca.gov
<nblom@newportbeachca.gov>; Ikleiman@newportbeachca.gov <Ikleiman@newportbeachca.gov>;
woneill@newportbeachca.gov <woneill@newportbeachca.gov>; Citycouncil@newportbeachca.gov
<Citycouncil@newportbeachca.gov>
Cc: Jennifer@SLC <Jennifer.Lucchesi @slc.ca.gov>; Seth. Blackmon@slc.ca.gov <Seth.Blackmon @slc.ca.gov>;
Reid.Boggiano@slc.ca.gov <Reid.Boggiano@slc.ca.gov>; Sahar.Durali@doj.ca.gov <Sahar.Durali@doj.ca.gov>;
Kate.Huckelbridge@coastaLca.gov <Kate.Huckelbridge@ coastal.ca.gov>; Karl.Schwing@coastal.ca.gov
<Karl.Schwing@coastal.ca.gov>; aharp@ newportbeachca.gov <aharp@newportbeachca.gov>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Letter - Mayor and Council
610 Ka
Good day,
Please find that attached, for your consideration.
Thank you,
Adam Leverenz
From: Harp, Aaron <aharp@newportbeachca.gov>
Sent: Monday, August 19, 2024 2:39 PM
To: Ad lever <adlever@hotmail.com>
Cc: Jennifer@SLC <Jennifer.Lucchesi @slc.ca.gov>; Seth. Blackmon@slc.ca.gov <Seth.Blackmon @slc.ca.gov>;
Reid.Boggiano@slc.ca.gov <Reid.Boggiano@slc.ca.gov>; Sahar.Durali@doj.ca.gov <Sahar.Durali@doj.ca.gov>;
Kate.Huckelbridge@coastal.ca.gov <Kate.Huckelbridge@coastal.ca.gov>; Karl.Schwing@coastal.ca.gov
<Karl.Schwing@coastal.ca.gov>; Leung, Grace <gleung@newportbeachca.gov>; Jurjis, Seimone
<sjurjis@newportbeachca.gov>; Finnigan, Tara <TFinnigan@newportbeachca.gov>
Subject: RE: Balboa Yacht Basin - Burnham -Ward
Good afternoon Mr. Lever,
Our office is in receipt of your letter alleging that Council Member Blom has a conflict of interest and should
have recused himself from considering matters related to the Balboa Yacht Basin. Our office has previously
discussed these alleged conflicts with Council Member Blom, and he has authorized our office to respond to
these concerns. After carefully reviewing these allegations (which were previously made by former -Council
Member Herdman who is running against Council Member Blom in the upcoming election), we have
determined that Council Member Blom does not have a conflict of interest.
Specifically, in your correspondence you raise concerns about Arc Food & Libations in Costa Mesa (i.e., Arc #1
in your correspondence). As you note, Burnham Ward previously developed this property; however, it was
sold, and Burnham Ward no longer has an ownership interest in the property. Also, while the article you cite by
Ms. Samanth Gowen states that Burnham Ward Properties manages the center, the new owner actively
manages all financial matters involving the tenants, and Burnham Ward Properties is not involved in matters
that could have a financial impact on Arc Food & Libations.
Also, you raise concerns about Arc Butcher & Baker in Newport Beach (i.e., Arc #2 in your correspondence). I
have discussed this issue with Council Member Blom and Burnham Ward does not own the property or have
any interest therein. Arc Butcher & Baker's lease for the property is with a trust and Burnham Ward has no
interest in the trust.
In conclusion, our office has not identified any financial interest between Burnham Ward and Council Member
Blom that would constitute a conflict of interest.
Please let me know if you have any questions.
Aaron Harp
City Attorney
City Attorney's Office
Office: 949-644-3131
100 Civic Center ❑r.
Newport Beach, CA 92660
From: Ad lever <adlever@hotmail.com>
Sent: Monday, August 19, 2024 3:40 PM
To: Harp, Aaron <aharp@newportbeachca.gov>
Cc: Jennifer@SLC <Jennifer.Lucchesi @slc.ca.gov>; Seth. Blackmon@slc.ca.gov <Seth.Blackmon @slc.ca.gov>;
Reid.Boggiano@slc.ca.gov <Reid.Boggiano@slc.ca.gov>; Sahar.Durali@doj.ca.gov <Sahar.Durali@doj.ca.gov>;
Kate.Huckelbridge@coastal.ca.gov <Kate.Huckelbridge@ coastal.ca.gov>; Karl.Schwing@coastal.ca.gov
<Karl.Schwing@coastal.ca.gov>; Leung, Grace <gleung@newportbeachca.gov>; Jurjis, Seimone
<sjurjis@newportbeachca.gov>; Finnigan, Tara <TFinnigan@newportbeachca.gov>; jstapleton@newportbeachca.gov
<jstapleton@newportbeachca.gov>; bavery@newportbeachca.gov <bavery@newportbeachca.gov>;
eweigand@newportbeachca.gov <eweigand@newportbeachca.gov>; rgrant@newportbeachca.gov
<rgrant@newportbeachca.gov>; nblom@newportbeachca.gov <nblom@newportbeachca.gov>;
Ikleiman@newportbeachca.gov <Ikleiman@newportbeachca.gov>; woneill@newportbeachca.gov
<woneill@newportbeachca.gov>; Citycouncil@newportbeachca.gov <Citycouncil@newportbeachca.gov>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Mr. Harp,
Thank you for your prompt reply. I guess we'll have to agree to disagree on this matter. I do not feel that your
apparent efforts to trivialize, or create distance between the parties (Burnham -Ward; Burnham USA; "sister
companies"; "related entities and affiliates", et al.), reflect well on the governmental procurement process in
this instance. I'll continue to hope for better.
Having heard Councilmember Blom state at two public meetings, that he would essentially like to not remain
in office, I'm encouraged to learn from you, that someone else has filed.
I could certainly understand Mr. Blom feeling that he's had enough.
Take care,
Adam
From: O'Neill, William <woneill@newportbeachca.gov>
Sent: Tuesday, August 20, 2024 7:35 AM
To: Ad lever <adlever@hotmail.com>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Adam - I don't know what part of your life has been successful with this type of snarkiness, but I can assure that
it is having the opposite impact that you seek in your public advocacy.
Sincerely,
Mayor Will O'Neill
woneill@newportbeachca.gov
100 Civic Center Dr.
Newport Beach, CA 92660
From: Ad lever <adlever@hotmail.com>
Sent: Tuesday, August 20, 2024 10:45 AM
To: O'Neill, William <woneill@newportbeachca.gov>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Mayor O'Neill,
Thank you for the courtesy of a reply. I know that sometimes when speaking to an issue in instances where
I've failed at efforts using what I'm told is common sense, I can revert to sarcasm or irony. I do not prefer that,
but believe it or not, it has been successful elsewhere... at times. And when it's not, there can be value in
determining where people's positions are on things. To that end here, are you contending that a
Councilmember having a landlord/tenant/business relationship, as indicated by multiple news sources, does
not create any conflict -of -interest, which would/should preclude that Councilmember from discussing/voting
on a matter, if the matter involves "sister companies"; "related entities and affiliates", et al." of the landlord/
tenant/business relationship partners? Seriously, I value your opinion, and am open to the possibility of you
changing my mind on the ethics of subject.
Take care,
Adam
From: O'Neill, William <woneill@newportbeachca.gov>
Sent: Tuesday, August 20, 2024 3:51 PM
To: Ad lever <adlever@hotmail.com>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
You are intelligent enough to know what I have said and why I said it.
Will O'Neill
Newport Beach Mayor
Recieved after Agenda Printed
October 8, 2024
Agenda Item No. 1
From: Ad lever
To: City Clerk"s Office
Subject: Public Comment for 10-08-2024 Council Meeting
Date: October 07, 2024 12:54:07 PM
Attachments: Public Comment - Agenda Items - 10-08-2024.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Report phish using the Phish Alert Button above.
Hello,
Please find that attached.
Thank you.
Adam Leverenz
Newport Beach City Council Meeting 10/08/2024 — Public Comment Re:
Draft Meeting Minutes of September 24, 2024:
MII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Adam Leverenz utilized slides to display and discuss the tidelands boundary and email exchanges with
Mayor O'Neill. He stated that granting public property to a private for -profit entity is not in the best
interest of the fee -paying public. In response to NiT. Ley erenZs comments. Mayor O'Neill stated that the
email that was presented is incomplete, and his response stemmed from the moray Mr. Leverenz was
speaking to Council and staff.
For clarity and the record, attached is a general transcript of the exchange
noted above (2 pgs.), the associated presentation materials (3 pgs.),
and the complete, related e-mail exchange in chronological order, with
Mayor O'Neill's noted "incomplete" portion, being the first e-mail in the
chain (3 pgs.).
Newport Beach City Council Meeting 09/24/2024 —
Partial Transcript, Public Comment on non -agenda Items,
starting at approximately 1:10:17+ on the timeline:
https://newportbeach.granicus.com/player/clip/4408?redirect=true
Adam Leverenz: I have some graphics I submitted. Adam Leverenz again, talking
about Balboa Yacht Basin again. The image up here shows the Uplands Tidelands
division of Balboa Yacht Basin, the City owned marina. And the Upland portion is
shaded in green, and as you can see, it goes well into the water -space of the marina.
At the August 27th Council Meeting I'd mentioned elected officials being displeased
with my observations on possible conflicts of interest related to Councilmember Blom
being so supportive, and voting to endorse City consideration of Burnham -Ward
Properties receiving, as "exempt surplus land", "over the course of a 50-year lease
term", a portion of Balboa Yacht Basin.
don't think granting such a highly valuable public property as "surplus", to a
private, for -profit entity, is in the best interests of the fee -paying public.
The President and CEO of Burnham -Ward Properties, while contracting with the City
as a real estate developer at BYB, also appears to be a landlord of Councilman Blom
through a trust. News and promotional items, and court filings, evidence other close
business ties. To me, these things, create at the very least, appearances of
impropriety. Next slide please.
Also at the August meeting, Mayor O'Neill and Mayor Pro Tem Stapleton each
recused themselves from an agenda item, because they are members of The Pacific
Club, "a premier private club for business, family, and social events", which is perhaps
1,000 feet, from where the agenda item under consideration would be situated.
If recusal is warranted due to this multiple, to this minute physical proximity, I'd
certainly think it warranted when a matter before Mayor and Council involves a party
appearing to have landlord/tenant/business relationships with a decisionmaker. Next
slide please.
I'd e-mailed Mayor O'Neill, asking quote are you contending that a Councilmember
having a landlord/tenant/business relationship as indicated by multiple news sources,
does not create any conflict -of -interest, which would/should preclude that
Councilmember from discussing/voting on a matter, if the matter involves "sister
companies"; "related entities and affiliates", and others, of the landlord/tenant/business
relationship partners?
The Mayor has declined to answer, saying instead, that the City Attorney said there's
nothing to it.
If Councilmember Blom vocally supporting, and voting in favor of a prospective 50-
year contract, for prime waterfront/Harbor public property, to a for profit entity,
headed by someone who also rents to the Councilmember through a trust, is in your
mind acceptable and ethical Mayor, I ask that you please tell us on the record now?
Mayor O'Neill: Keep goin.
Adam Leverenz: I, I'm. You won't answer, correct?
Mayor O'Neill: Adam, I'm just gonna tell ya real quickly, the e-mail that you're showing
people right now, is not the complete e-mail chain. The reason I was upset with you,
was the way you were talking to us and advocating, and in the way that you've talked
to staff in the past. And in fact at the last Council Meeting, so that all these people can
hear it, I actually made that point. So Adam.
Adam Leverenz: The e-mail is available for anybody that requests it. I'm just clarifying,
you refuse to answer the question?
Mayor O'Neill: Oh my gosh. Adam, go ahead. This again is an example, but go ahead.
You can have an addition 30 seconds if you would like Mr. Leverenz.
Adam Leverenz: I'm just waiting for an answer.
Mayor O'Neill: Alright. Then next speaker please. On non -agenda items. Come on
forward.
TIDELANDS BOUNDARY MAP
MaPQUest in =
Advertisement
Directions from 1600 Dove St
to 4110 MacArthur Blvd ""
Get step-by-step walking or driving directions
from 1600 Dove St, Newport Beach, CA to 4110
MacArthur Blvd, Newport Beach, CA. Avoid traffic
with optimized routes.
Y 1600 Dove St, Newport Beach, CA
1�I 4110 MacArthur Blvd ly
Addstop $ Route -settings
Route #1 Route #2 I Route #3
via Dave St and Newport PI
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IRS Reimbursement:$0.36
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On Aug 19, 2D24, at 3:40 PM, Ad lever <adlever@hotmail.corn> wrote:
Mr. Harp,
Thankyou foryour prompt reply. I guess we'll haveto agree to disagree an this matter. I do notfeelthat your
apparent efforts to trivialize, or create distance betweenthe parties (Burnham -Ward; Burnham USA; "sister
companies"; "related entities and affiliates", etal.), reflectwell on the governmental procurement process in
this instance. I'II oontinueto hope for better.
Having heard Councilmember Blom state at two public meetings, that he would essentially like to not remain
in office, I'm encouraged to learn from you, that someone else has filed.
could certainly understand Mr. Blom feeling that he's had enough.
Take care,
Adam
From: Harp, Aaron <aharp@newportbeachm.gov>
Sent: Monday, August 19, 2024 2:39 PM
To: Ad lever <adIever@hotmail.com>
Cc: Jenn ifer@5LC <J en niter. Lu cch esi@slc-ca.gov>; Seth. Bla ckmon @slc.ca.gov CSeth.Blackm o nODslc. ca.gov>;
Reid.Boggia nopsl c_ca.gov <Reid _Boggiano @slc_ca.gou>; Saha r_Ou ral i end oi. cagov <Sahar.0u ra li@doj. ca.gov>;
Kate. H ucke l bridge@ooasta I.ca gov <Kate. H udre l bridge@ccastalca gov>; Ka rl.Schwi ng@coasta 1. ca.gov
< Karl. Schwing@coastal.cagov>1 Leung, Grace <gleung@newportbeachca.gov>; Jurjis, Seimone
tsjurJs@newportbeachca_gov>; Finnigan, Tara <TFinnigan@newportbeachca.gov>
Subject: RE: Balboa Yacht Basin - Burnham -Ward
Good afternoon Mr_ Lever_
Our office is in receipt of ymu- letter alleging that Council Member Blom has a conflict of interest and should have
fecused himself trotter considering matters related to the Balboa I aclrt Basta Our office has preciously discussed these
alleged conflicts with Council Meinhef Blom, and he has autixg rpd oiu office to respand to these concern. ARer
ewdully rec.'iewing these allegatioms (which were pm-Lously made by forme[ -Council Member Herdmaa oho is running
against Coma/ Member Blom in the upcomiag election). we have determined that Council Member Blom does act have
a conflict of interest.
Specifically, in your correspondence you raise concerns about Are Food & Libations in Costa Mesa (Le., Arc *1 is you
correspondence). As you note, Burah— Ward preriottsly developed this property- howeverit was sold. and Burnham
R'afd na longer has an ownership interest ui the property. Aho, while the article you cite by Ms_ Samauth Gowen states
that Bumham ;Vard Properties manages the center, the new owner actively manages all fiaencial matters im of tag the
teuaats. and Bumham Ward Properties is not im ch-ed in matters that could have a financial impact on Arc Food &
I.ildhona
Also, you raise concerns about Are Butcher & Baker in Neuport Beach (i. e., Arc 92 in yow correspondence). I has.-e
discussed this issue with Council Member Blom and Burnham Wafd does not own the property or have any interest
therein Arc Butcher & Balctr's lease for the property is with a trust and Burnham Ward has no interest in the trust.
In conclusion, mu- office has not ideutifred any financial interest between Burnham Zk and and Ccgmcil Member Blom that
would constitute a conflict of interest.
Please let me know if you have any questions.
From: O'Neill, William <woneill@newportbeadhca.gov>
Sent: Tuesday, August 20, 2024 3:51 PM
To: Ad lever =adIever@hotmail.com>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
You are intelligent enough io know what I have said and why I said d.
VWII O'Neill
Newport Beach Mayor
From: Ad lever <adlever@hotrnail.carry
Date: Tuesday, August 20, 2024 at 10:45 AM
To: O'Neill, William <mneill@newportbeachca.gov>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Mayor O'Neill,
Thank you forthe courtesy of a reply. I know that sometimes when speaking to an issue in instances where
I've failed at efforts using what I'm told is common sense, I can revert to sarcasmor irony. I do not prefer that,
but believe it or not, it has been successful elsewhere... at times. And when it's not, there can be value in
determining where people's positions are on things. To that end here, are you contending that a
Councilmember having a land Iordjtenantfbusiness relationship, as indicated by multiple news sources, does
not create any conflict -of -interest, which wouldishould preclude that Councilmember from discussingfvoting
on a matter, if the matter involves "sister companies"; "related entities and affiliates", et al." of the landlord/
tenant/business relationship partners? Seriously, I value your opinion, and am open to the possibility of you
changing my mind on the ethics of subject.
Take care,
Adam
From: O'Neill, William <woneill@newportbeachca.goo
Sent: Tuesday, August 20, 2024 7:35 AM
To: Ad lever <adlever@hotmail.com>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Adam - I don't know what part of your life has been successful with this type of snarkiness, but I can
assure that it is having the opposite impact that you seek in your public advocacy_
Sincerely,
Mayor trill O'-Neill
wonei II@newportbeachca_gov
100 Civic Center Dr.
Newport Beach CA 926M
From: Ad lever <adlever@hotmail.com>
Sent: Monday, August 19, 2024 1:48 PM
To: jstapleton@newportbeachca.gov <jstapleton@newportbeachca.gov>; bavery@newportbeachca.gov
<bavery@newportbeachca.gov>; eweigand@newportbeachca.gov <eweigand@newportbeachca.gov>;
rgrant@newportbeachca.gov <rgrant@newportbeachca.gov>; nblom@newportbeachca.gov
<nblom@newportbeachca.gov>; Ikleiman@newportbeachca.gov <Ikleiman@newportbeachca.gov>;
woneill@newportbeachca.gov <woneill@newportbeachca.gov>; Citycouncil@newportbeachca.gov
<Citycouncil@newportbeachca.gov>
Cc: Jennifer@SLC <Jennifer.Lucchesi @slc.ca.gov>; Seth. Blackmon@slc.ca.gov <Seth.Blackmon @slc.ca.gov>;
Reid.Boggiano@slc.ca.gov <Reid.Boggiano@slc.ca.gov>; Sahar.Durali@doj.ca.gov <Sahar.Durali@doj.ca.gov>;
Kate.Huckelbridge@coastaLca.gov <Kate.Huckelbridge@ coastal.ca.gov>; Karl.Schwing@coastal.ca.gov
<Karl.Schwing@coastal.ca.gov>; aharp@ newportbeachca.gov <aharp@newportbeachca.gov>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Letter - Mayor and Council
610 Ka
Good day,
Please find that attached, for your consideration.
Thank you,
Adam Leverenz
From: Harp, Aaron <aharp@newportbeachca.gov>
Sent: Monday, August 19, 2024 2:39 PM
To: Ad lever <adlever@hotmail.com>
Cc: Jennifer@SLC <Jennifer.Lucchesi @slc.ca.gov>; Seth. Blackmon@slc.ca.gov <Seth.Blackmon @slc.ca.gov>;
Reid.Boggiano@slc.ca.gov <Reid.Boggiano@slc.ca.gov>; Sahar.Durali@doj.ca.gov <Sahar.Durali@doj.ca.gov>;
Kate.Huckelbridge@coastal.ca.gov <Kate.Huckelbridge@coastal.ca.gov>; Karl.Schwing@coastal.ca.gov
<Karl.Schwing@coastal.ca.gov>; Leung, Grace <gleung@newportbeachca.gov>; Jurjis, Seimone
<sjurjis@newportbeachca.gov>; Finnigan, Tara <TFinnigan@newportbeachca.gov>
Subject: RE: Balboa Yacht Basin - Burnham -Ward
Good afternoon Mr. Lever,
Our office is in receipt of your letter alleging that Council Member Blom has a conflict of interest and should
have recused himself from considering matters related to the Balboa Yacht Basin. Our office has previously
discussed these alleged conflicts with Council Member Blom, and he has authorized our office to respond to
these concerns. After carefully reviewing these allegations (which were previously made by former -Council
Member Herdman who is running against Council Member Blom in the upcoming election), we have
determined that Council Member Blom does not have a conflict of interest.
Specifically, in your correspondence you raise concerns about Arc Food & Libations in Costa Mesa (i.e., Arc #1
in your correspondence). As you note, Burnham Ward previously developed this property; however, it was
sold, and Burnham Ward no longer has an ownership interest in the property. Also, while the article you cite by
Ms. Samanth Gowen states that Burnham Ward Properties manages the center, the new owner actively
manages all financial matters involving the tenants, and Burnham Ward Properties is not involved in matters
that could have a financial impact on Arc Food & Libations.
Also, you raise concerns about Arc Butcher & Baker in Newport Beach (i.e., Arc #2 in your correspondence). I
have discussed this issue with Council Member Blom and Burnham Ward does not own the property or have
any interest therein. Arc Butcher & Baker's lease for the property is with a trust and Burnham Ward has no
interest in the trust.
In conclusion, our office has not identified any financial interest between Burnham Ward and Council Member
Blom that would constitute a conflict of interest.
Please let me know if you have any questions.
Aaron Harp
City Attorney
City Attorney's Office
Office: 949-644-3131
100 Civic Center ❑r.
Newport Beach, CA 92660
From: Ad lever <adlever@hotmail.com>
Sent: Monday, August 19, 2024 3:40 PM
To: Harp, Aaron <aharp@newportbeachca.gov>
Cc: Jennifer@SLC <Jennifer.Lucchesi @slc.ca.gov>; Seth. Blackmon@slc.ca.gov <Seth.Blackmon @slc.ca.gov>;
Reid.Boggiano@slc.ca.gov <Reid.Boggiano@slc.ca.gov>; Sahar.Durali@doj.ca.gov <Sahar.Durali@doj.ca.gov>;
Kate.Huckelbridge@coastal.ca.gov <Kate.Huckelbridge@ coastal.ca.gov>; Karl.Schwing@coastal.ca.gov
<Karl.Schwing@coastal.ca.gov>; Leung, Grace <gleung@newportbeachca.gov>; Jurjis, Seimone
<sjurjis@newportbeachca.gov>; Finnigan, Tara <TFinnigan@newportbeachca.gov>; jstapleton@newportbeachca.gov
<jstapleton@newportbeachca.gov>; bavery@newportbeachca.gov <bavery@newportbeachca.gov>;
eweigand@newportbeachca.gov <eweigand@newportbeachca.gov>; rgrant@newportbeachca.gov
<rgrant@newportbeachca.gov>; nblom@newportbeachca.gov <nblom@newportbeachca.gov>;
Ikleiman@newportbeachca.gov <Ikleiman@newportbeachca.gov>; woneill@newportbeachca.gov
<woneill@newportbeachca.gov>; Citycouncil@newportbeachca.gov <Citycouncil@newportbeachca.gov>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Mr. Harp,
Thank you for your prompt reply. I guess we'll have to agree to disagree on this matter. I do not feel that your
apparent efforts to trivialize, or create distance between the parties (Burnham -Ward; Burnham USA; "sister
companies"; "related entities and affiliates", et al.), reflect well on the governmental procurement process in
this instance. I'll continue to hope for better.
Having heard Councilmember Blom state at two public meetings, that he would essentially like to not remain
in office, I'm encouraged to learn from you, that someone else has filed.
I could certainly understand Mr. Blom feeling that he's had enough.
Take care,
Adam
From: O'Neill, William <woneill@newportbeachca.gov>
Sent: Tuesday, August 20, 2024 7:35 AM
To: Ad lever <adlever@hotmail.com>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Adam - I don't know what part of your life has been successful with this type of snarkiness, but I can assure that
it is having the opposite impact that you seek in your public advocacy.
Sincerely,
Mayor Will O'Neill
woneill@newportbeachca.gov
100 Civic Center Dr.
Newport Beach, CA 92660
From: Ad lever <adlever@hotmail.com>
Sent: Tuesday, August 20, 2024 10:45 AM
To: O'Neill, William <woneill@newportbeachca.gov>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
Mayor O'Neill,
Thank you for the courtesy of a reply. I know that sometimes when speaking to an issue in instances where
I've failed at efforts using what I'm told is common sense, I can revert to sarcasm or irony. I do not prefer that,
but believe it or not, it has been successful elsewhere... at times. And when it's not, there can be value in
determining where people's positions are on things. To that end here, are you contending that a
Councilmember having a landlord/tenant/business relationship, as indicated by multiple news sources, does
not create any conflict -of -interest, which would/should preclude that Councilmember from discussing/voting
on a matter, if the matter involves "sister companies"; "related entities and affiliates", et al." of the landlord/
tenant/business relationship partners? Seriously, I value your opinion, and am open to the possibility of you
changing my mind on the ethics of subject.
Take care,
Adam
From: O'Neill, William <woneill@newportbeachca.gov>
Sent: Tuesday, August 20, 2024 3:51 PM
To: Ad lever <adlever@hotmail.com>
Subject: Re: Balboa Yacht Basin - Burnham -Ward
You are intelligent enough to know what I have said and why I said it.
Will O'Neill
Newport Beach Mayor
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October 8, 2024
Members of the Council
I dedicate these comments to the memory of my friend, Ernie Schneider, the chief
administrative officer of Orange County from 1989 to 1995.
At that time, he had one of the highest -paid government positions in the state. He was happily
married. Mr. Schneider was the chief administrative officer when the County declared
bankruptcy in 1994 because of its disastrous investment practices.
I would like to comment on the minutes of the October 24th Council Meeting. Specifically, item
#17 -the General Plan Update (GPU).
Given the fact that the city has been sued on this action, it is important that the minutes be fact
checked and corrected where necessary for accuracy. Specifically...
• During the council meeting, staff and members of the city council referenced the
number of residents and organizations that participated in the GPU process. The
presentation made it sounds like they all supported the Update. The minutes should
identify the number of residents and organizations that support the Update.
• In the staff summary of the events leading up to the GPU approval, staff made no
mention of the city council determining that the GPU would be subject to the City
Charter requiring a vote of the public.
• This is critically important because residents such as myself, and organizations,
allocated significantly less resources on the city's GPU knowing they would have a
vote on the update per the City Charter.
• Staff's summary did not mention that cities that are cooperating with HCD, and
moving forward with a Housing Element Update, are not being penalized by the
state.
• Mayor O'Neill, - the minutes reflect you abstained from voting on this item. You have
been the lead city council individual on the GPU since 2019. The minutes need to
reflect a complete explanation as to why you abstained. Specifically...
• Have you had any communications with people and/or entities that would
benefit from the adoption of Item #17? If yes, a comprehensive list of whom
and when must be provided.
• It would have been appropriate for you to have disclosed this conflict of
interest to the City Council and the public in 2019 when you took on this
responsibility. But you didn't do that, did you.
• Similarly, the minutes should state whether any members of the city staff, or
the city council, had communications with people and/or entities that would
benefit from the adoption of Item #17, and a list of whom and when must be
provided.
• The minutes should also reflect when any member of the city council or staff finwir
believed they could circumvent the City Charter and not take this item to a vote by
the public, or believed the City Charter did not require a vote of the public. A list of
whom you talked to and when should be provided.
As we saw at the October 24, 2024 city council meeting, statements were made by both sides
regarding who was influencing the council and SPON. Unfortunately, given the litigation, this is
just the beginning.
In closing,
Members of the staff and council, I want to ask you to think about one question: Do you think
the mayor, who will be one of the targets of the litigation, would throw you under the bus to save
his own political aspirations?
Of course he will say, "No!" But think about it. It's your future.
Think it can't happen to you! Think again!
My friend Mr. Schneider was never accused of a crime, but he was blamed by the County Board
of Supervisors for failing to properly oversee the County Treasurers actions. In an attempt to
deflect guilt away from the members of the Board of Supervisors who are ultimately responsible
for the Treasurers actions, they officially removed Mr. Schneider as chief administrative officer
on Jan. 23, 1995. The dismissal haunted my friend for the rest of his life. He died in 2013, a
single man, from liver problems.
Wouldn't it be nice to hand over to the state a GPU that was voted on and approved by the
majority of voters as opposed to one approved by only this council in an apparent move to
circumvent Greenlight for the purpose of avoiding a failed vote? And, wouldn't it be nice to save
the residents the thousands of dollars the city is spending on litigation?
Thank you,
David Tanner