HomeMy WebLinkAbout09/24/2024 - Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
September 24, 2024
I. ROLL CALL — 4:00 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Noah Blom,
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik
Weigand
Excused: Councilmember Brad Avery
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. Proclamation Recognizing Alzheimer's Orange County
Mayor O'Neill read the proclamation and presented it to Dan Daley, Healthcare Outreach
Specialist; and Senator Janet Nguyen, Representing Senate District 36, presented Mr. Daley
with a Certificate of Recognition.
Mr. Daley provided a brief report and extended best wishes to Council and the City.
SS3. Proclamation Recognizing Second Harvest Food Bank
Mayor O'Neill read the proclamation and presented it to Janice Song, Second Harvest Associates
Board Member; and Senator Nguyen presented Ms. Song with a Certificate of Recognition.
Ms. Song relayed the role of the organization, provided statistics, and thanked the City for
declaring September as Hunger Action Month.
SS4. Legislative Update from Senator Janet Nguyen
Senator Nguyen listed cities she represents in Senate District 36, discussed proposed bills,
detailed a special session called by the Governor to discuss the gas and oil crisis and related
hearings regarding crime, Propositions 36 and 47, and homeless issues. She stated her biggest
advocacy in Sacramento is for auditing and local government control and relayed the efforts to
address fentanyl use and distribution, cost of living, and animal shelters. She noted that her
local office is in Huntington Beach, and she can be reached at 714-374-4000.
Councilmember Weigand thanked the Senator for attending the meeting and for her service.
SS5. Update and Discussion on the Balboa Peninsula Trolley and Future City Trolley
Operations
Public Works Director Webb and Traffic Engineer Sommers utilized a presentation to provide
an update and reviewed the route, ridership, overall cost, details relative to continuing the
program, trolley vehicle purchases, operation/vehicle procurement agreement, current cost
breakdown, the OCTA grant, the new seven-year program, next steps, potential expansion of
the local transit concept, outlined a sample route, and cost estimates.
Councilmember Blom stated that this matter originated with discussions about adding
additional parking and was then adjusted to assessing improved transportation with the goal of
connecting villages within the City together. He thanked staff, commended Council, and relayed
the opportunity to allocate taxpayer dollars back to Newport Beach.
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Councilmember Kleiman expressed her appreciation to staff and supported having a Citywide
trolley.
Mayor Pro Tem Stapleton supported having a walkable/rideable community and the trolley. In
response to Mayor Pro Tem Stapleton's question, Traffic Engineer Sommers stated that about
640,000 people ride the Laguna Beach trolley each year. Mayor Pro Tem Stapleton looked
forward to using open-air trolley and expressed appreciation for the grant funding.
Councilmember Weigand expressed concern for using an open-air trolley during cooler
temperatures, thought having the trolley expand into Corona del Mar will improve ridership,
and suggested that the new . trolleys have handles for passengers who are standing and a storage
area for larger items.
Councilmember Grant thanked staff for securing the grant funding and noted the public safety
benefits for residents.
Jim Mosher inquired if additional recommendations will be forthcoming from the Ad Hoc
Transit, Transportation, Parking, and Mobility Committee. He also asked if the trolley will be
free to riders and. if.the,Ad Hac Committee .reviewed the City's past trolley experience.
Kelly Carlson, President of the Balboa Village Merchants Association, expressed gratitude and
support for the trolley and suggested developing a marketing plan.
111. RECESSED - 4:53 p.m.
iv. RECONVENED AT 4:53 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Mayor Will. -O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Noah Blom,
Councilmember Robyn , Grant, Councilmember Lauren Kleiman, Councilmember Erik
Weigand
Excused: Councilmember Brad Avery
Vl. INVOCATION - Rabbi Gershon Zylberman, Temple Bat Yahm
VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Stapleton
VIII. NOTICE TO THE PUBLIC
Ix. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Kleiman:
• Spoke at the Newcomers Club
• Attended the Friends of OASIS Cars and Coffee event, the Spyglass Hill community event, the
Newport Beach Fire Department (NBFD) and Lifeguard Appreciation Dinner, and Newport Beach
Foundation's Summer Soiree which was also the launch of the Newport Beach Fire Department
Foundation
Councilmember Weigand:
• Announced his Town Hall Meeting on October 1 for Santa Ana Heights neighborhood at Fire
Station 7
• Wished his mom a happy birthday
Councilmember Grant:
• Attended the Marian Bergeson Memorial Bridge naming ceremony with Assemblymember Diane
Dixon, the Friends of OASIS Cars and Coffee event arranged by Mike Zimmerman, and the Newport
Beach Arts Foundation's Art in the Park event
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• Announced that it was the 25th year of the Newport Beach Film Festival which will be held
October 17, 2024 to October 24, 2024
Mayor Pro Tem Stapleton:
• Congratulated the Newport Beach Chamber of Commerce's Commodores Club, John Wortmann for
his scholarship fundraising, and Sue Grant for fundraising at the Savor Event benefiting The
Literacy Project
• Attended the Newport Beach Fire Department (NBFD) and Lifeguard Appreciation Dinner, the
Ben Carlson Foundation 9.0 (Catalina to Newport Beach paddle), the Marian Bergeson Memorial
Bridge naming ceremony, and the Spyglass Hill community event
• Congratulated the Newport Beach Fire Department and Brian Bows for launching the Newport
Beach Fire Department Foundation
Mayor O'Neill:
• Thanked the Newport Beach Police Department for hosting an active shooter panel presentation
• Rescinded his previous request to consider adopting an ordinance relative to commercial film.
production
• Invited the community to attend a Fire Service Day event at the Santa Ana Heights Fire Station on
October 6, 2024
X. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher expressed his approval of Item 15 (General Plan Update Steering Committee Bi-Monthly
Update to the City Council), shared his displeasure with the footnote in Item 3 (Ordinance No.'2024-22:
LCP Amendment Related to Nonconforming Uses and Structures) relating to side yard requirements,
and thought Council is taking away businessowners' freedom with the adoption of Ordinance No. 2024-
20 (Item 4: Adding Chapter 5.98 (Acceptance of Cash by Brick -and -Mortar Businesses).
Adam Leverenz thought that the amount of taxpayer funds for Item 11 (Approval of Professional
Services Agreement with Anchor QEA, Inc. for Balboa Yacht Basin Marina Design Consulting Services)
was not the best use of City funds without first seeking bids for an as -is remodel and an approval in
concept. He encouraged further analysis into doing a renovation rather than a rebuild.
XI. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 10, 2024 City Council Meeting and Special 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 INTRODUCTION
Ordinance No. 2024-22: LCP Amendment Related to Nonconforming Uses and Structures
(PA2022-076)
a) Find this amendment exempt pursuant to California Environmental Quality Act (CEQA)
Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has no potential to have a
significant effect on the environment and local governments are exempt from the requirements
of CEQA in connection with the adoption of a Local Coastal Program; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-22,
An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections
21.18.030 (Residential Coastal Zoning Districts General Development Standards), 21.38.040
(Nonconforming Structures), and 21.38.050 (Nonconforming Uses) of Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code to Conform with State
Law and Correct Errors Related to Setbacks (PA2022-076), and pass to second reading on
October 8, 2024.
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ORDINANCES FOR ADOPTION
4. Ordinance No. 2024-20: Adding Chapter 5.98 (Acceptance of Cash by Brick -and -Mortar
Businesses) to the Newport Beach Municipal Code
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) Conduct second reading and adopt Ordinance No. 2024-20, An Ordinance of the City Council of
the City of Newport Beach, California, Adding Chapter 5.98 (Acceptance of Cash by
Brick -and -Mortar Businesses) to the Newport Beach Municipal Code.
5. Ordinance No. 2024-21: Title 21 of the Newport Beach Municipal Code Updating Density
Bonus Regulations to Comply with State Law (PA2020-032)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential
to have a significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2024-21, An Ordinance of the City Council of
the City of Newport Beach, California, Adopting Local Coastal Program Amendment
No. LC2020-004, as Modified by the California Coastal Commission, Amending Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to Density
Bonuses Standards, to Comply with State Law (PA2020-032).
RESOLUTION FOR ADOPTION
6. Resolution No. 2024-70: Approving Side Letter Agreements with Labor Groups
Representing City Employees (C-2059, C-2051, C-2065)
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. 2024-70, AResolution of the City of Newport Beach, California, Approving
Side Letter Agreements with Labor Groups Representing City Employees; and
c) Approve Budget Amendment No. 25-018 appropriating $220,750 to various salary and benefit
accounts.
CONTRACTS AND AGREEMENTS
7. 16th Street Pump Station Upgrades and Back-up Generator — Notice of Completion for
Contract No. 7693-2 (18W13)
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. 29th Street Public Pier — Notice of Completion for Contract No. 8821-2 (191102)
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.
Councilmember Blom recused himself from Item 8 due to real property interest conflicts.
9. Purchase and Installation of Vehicle Exhaust Capture System Equipment — Notice of
Completion for Contract No. 8889-1 (23M12)
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
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c) Release Faithful Performance Bond one year after acceptance by the City Council.
10. Citywide Public Dock Rehabilitation — Award of Contract No. 9557-1 (24H02)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) 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) Approve Budget Amendment No. 25-017 appropriating $430,893 in increased expenditures in
Account No. 10101-980000-24H02 from the Tidelands Capital Fund unappropriated fund
balance;
d) Award Contract No. 9557-1 to Jilk Heavy Construction, Inc. for the total bid price of $1,296,000
for the Citywide Public Dock Rehabilitation Project, and authorize the Mayor and City Clerk to
execute the contract; and
e) Establish a contingency of $129,600 (10% of total bid) to cover the cost of unforeseen work not
included in the original contract.
11. Approval of Professional Services Agreement with Anchor QEA, Inc. for Balboa Yacht
Basin Marina Design Consulting Services (C-9525-1)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with Anchor QEA, Inc. for design services for Balboa
Yacht Basin Marina Replacement Project for a total not -to -exceed amount of $787,159, and
authorize the Mayor and City Clerk to execute the Agreement.
Mayor Pro Tem Stapleton recused himself from Item 11 due to a client living in the vicinity
of the Balboa Yacht Basin Marina.
12. Award of Maintenance and Repair Agreement with Meyers Construction Co. LLC for
On -Call Facilities Maintenance Support Services (C-9668-1)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve a Maintenance and Repair Services Agreement with Meyers Construction Co. LLC for
On -Call Facilities Maintenance Support Services for a three-year term and a not -to -exceed
amount of $500,000, and authorize the Mayor and City Clerk to execute the agreement.
13. Memorandum of Understanding with Laguna Beach County Water District for a New
Water Well (C-9737-1)
a) Determine this action is 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) Approve a Memorandum of Understanding with the Laguna Beach County Water District
for a new water well and authorize the Mayor and City Clerk to execute the agreement; and
c) Approve Amendment No. Two to the On -Call Professional Service Agreement with MKN &
Associates (Contract No. 8908-1) for professional civil engineering planning, design and
construction support services in the amount of $200,000, and authorize the Mayor and City
Clerk to execute the amendment.
14. Professional Services Agreement with Townsend Public Affairs, Inc. for Grant Writing
Services (C-9738-1)
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
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b) Approve a Professional Services Agreement with Townsend Public Affairs, Inc. for grant writing
services for an initial one-year term, ending September 23, 2025, with two optional one-year
extensions and a total not -to -exceed amount of $216,000, and authorized the Mayor and City
Clerk to execute the agreement.
MISCELLANEOUS
15. General Plan Update Steering Committee (GPUSC) Bi-Monthly Update to the City
Council and Confirmation of New Appointments to the General Plan Advisory Committee
(GPAC)
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) Receive and file the report to express concurrence with the General Plan Advisory Committee
and the General Plan Update Steering Committee for additional work related to the General
Plan Noise Element; and
c) Confirm the General Plan Update Steering Committee's recommended appointments of Virginia
Anders-Ellmore and Janine Padia to fill the seats on the General Plan Advisory Committee.
Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Blom, to approve the
Consent Calendar; and noting the amendments to Item 1, the recusal by Councilmember Blom to
Item 8, and the recusal by Mayor Pro Tem Stapleton to Item 11.
With Councilmember Avery absent, the motion carried 6-0.
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XIII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Adam Leverenz utilized slides to display and discuss the tidelands boundary at the Balboa Yacht Basin
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 Mr. Leverenz's comments, Mayor
O'Neill stated that the email that was presented is incomplete, and his response stemmed from the way
Mr. Leverenz was speaking to Council and staff.
Mike Smith inquired if the proposed surf farm project at the Newport Beach Golf Course and housing
issues will be discussed at Councilmember Weigand's Town Hall meeting and if other Councilmembers
will be in attendance.
Emmett Conrecode notified Council of his intent to sue the City.
Wade Womack mentioned comments made at a recent Candidates Forum, clarified that mooring rates
have increased over time, and asked that the mooring permittees be treated fairly.
Miles Patricola apologized for misstating that there had been no increases in mooring fees during the
Candidates Forum and noted the fees have steadily increased.
Councilmember Weigand stated that two Councilmembers could attend the Town Hall without violating
the Brown Act and indicated that comments related to the proposed surf farm and golf course are
welcomed.
XIV. PUBLIC HEARINGS
Without objection, Mayor O'Neill took Item 17 prior to Item 16.
17. Resolution No 2024-73: Amending Portions of the Adopted and Certified 6th Cycle Housing
Element, and Ordinance Nos. 2024-16 and 2024-17: Amending Title 20 (Planning and
Zoning) to Create the Housing Opportunity (HO) Overlay Zoning Districts and Establish
Multi -Unit Objective Design Standards (PA2022-0245)
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Assistant City Manager Jurjis and Planning Manager Zdeba utilized a presentation to provide
background, discuss community outreach efforts, the Housing Element Update process, key
changes, focus areas, the housing strategy for compliance, summary of the Regional Housing Needs
Assessment (RHNA) status and site inventory, the no net loss provision and the importance of a
buffer, the Housing Element implementation legislative amendments, outreach and engagement,
acknowledgements, a brief recap, City Council actions at the July 23, 2024 meeting, the Housing
Element amendment, the Department of Housing and Community Development's (HCD) review,
lawsuits filed, consequences of noncompliance and potential loss of local control, AB 1893 and AB
1886, and the recommended actions.
Councilmember Blom thanked staff, noted that the City has pushed back against the State from the
start, expressed concern for loss of local control to the State, questioned the motivation for a
developer to fund the lawsuits, and emphasized Council's goal to protect the City and maintain local
control.
Mayor O'Neill opened the public hearing.
Dave Tanner asked Council to put the General Plan Update issue to a vote.
Benjamin Barron, Keller/Anderle Law Firm, stated that his firm filed three lawsuits against the
City demanding it send the matter to the voters.
Miles Patricola supported conducting a vote by the people and encouraged Council to take
responsibility for what they say and do.
Charles Klobe, Still Protecting Our Newport (SPON) President, thought that Council is selling out
the community to benefit The Irvine Company.
Nancy Scarbrough opposed the current plan and urged Council to reverse their stance and let the
people vote.
Ruth Kobayashi encouraged the community to consider the potential consequences if the Housing
Plan falls out of compliance and commended Council for trying to protect the citizens.
Tony Khoury thanked Council for their hard work -and relayed the importance of having detailed
plans for an increased population, e.g., health care, and education.
Jeanne Massingill supported allowing a vote by the people.
Charlie Massingill supported allowing a vote by the people.
Denys Oberman supported having a vote by the people, thought the buffer zone is being misapplied
and asked for an expert opinion, questioned why the Local Coastal Program (LCP) is being modified,
and urged Council to review the approach and leave the people's elected rights intact.
Jennifer Irani stated that Newport Beach is a City that follows its Charter.
Gary Cruz supported having a vote by the people.
Mike Smith supported having a vote by the people.
Erin Eisner supported having a vote by the people.
Lori Petry supported having a vote by the people and believed that the court has given the City of
Huntington Beach more time without repercussions for one year.
Bill Grabowski thought Council wanted to take away the public vote because the outcome is known.
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Jim Mosher stated that there is no law that prevents the public from voting on this matter and
implored Council to exclude what he considers dishonest language in the Housing Element. He
questioned how the plan satisfies the affordable housing obligation.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
In response to Mayor O'Neill's questions, Assistant City Attorney Summerhill stated that the
provision in Government Code Section 65585 provides HCD 60 days to consider and review an
amendment to the Housing Element and noted the City has received HCD's consent to the
amendment. Therefore, she did not think the representation by Mr. Barron during his comment was
consistent with the intent of the law. Assistant City Manager Jurjis explained the "no net loss"
concept. Mayor O'Neill stated that reasonable minds differ, the Housing Element process has been
difficult, and commented that State laws have gotten worse since 2019 which will make the next
housing cycle even more difficult.
Councilmember Blom noted that builder's remedy is currently in full effect in Huntington Beach,
questioned where housing can be built in the City, stated that the City selected housing development
sites that would have the least amount of impact, noted that in -lieu fees pay for public services, and
posed questions regarding the lawsuit brought on by SPON. He indicated that Council will continue
to fight tirelessly for the City.
Councilmember Grant recognized the public's participation in the matter, supported community
discussion and noted the struggle on the dais with the decision. She relayed her goal of wanting to
secure the minimum amount of land use development standards in order to protect the City and its
villages. She relayed the significant consequences for not satisfying State requirements and believed
that Charter Section 423 is precluded in this instance.
Councilmember Kleiman noted that she opposes the RHNA numbers and does support the people
having a say; however, reviewed the actions by the State to enforce housing laws, understood the
public's confusion, and addressed public assertions related to a public vote. She described
Greenlight's application to the Housing Element, clarified that zoning is for 4,845 units, and noted
the potential impact to the City if the vote failed.
Following discussion regarding how to move forward with the vote, City Attorney Harp
recommended voting on each recommendation separately.
Motion by Councilmember Blom, seconded by Mayor O'Neill, to find that 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, that the action is also exempt from environmental review
under CEQA pursuant to Class 21 as set forth in Section 15321 of the CEQA Guidelines, which
exempts actions that involve enforcement of a law, general rule, standard, or objective, administered
or adopted by a regulatory agency, and further that all significant environmental concerns for the
City of Newport Beach Housing Element and its implementation have been addressed in a
previously certified environmental document (Housing Element Implementation Program
Environmental Impact Report [PEIR] — State Clearinghouse No. 2023060699).
With Councilmember Avery absent, the motion carried 6-0.
Motion by Councilmember Blom, seconded by Councilmember Kleiman, to adopt
Resolution No. 2024-73, A Resolution of the City Council of the City of Newport Beach, California,
Approving and Adopting a Narrowly Focused Amendment to the Adopted and Certified 6th Cycle
Housing Element for the 2021-2029 Planning Period (PA2022-0245).
With Mayor O'Neill abstaining and Councilmember Avery absent, the motion carried
5-1.
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Motion by Councilmember Blom, seconded by Councilmember Kleiman, to conduct second
reading and adopt Ordinance No. 2024-16, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
to Implement the General Plan 6'lh Cycle Housing Element (PA2022-0245).
With Mayor O'Neill abstaining and Councilmember Avery absent, the motion carried
5-1.
Motion by Councilmember Blom, seconded by Mayor O'Neill, to conduct second reading and
adopt Ordinance No. 2024-17, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to Adopt
Objective Development Standards (PA2022-0245).
With Councilmember Avery absent, the motion carried 6-0.
Mayor O'Neill recessed the meeting at 6.48 p.m. and reconvened the meeting at 6.54 p.m.
16. Resolution No. 2024-71: Denying an Appeal and Upholding the Decision of the Parks,
Beaches, and Recreation Commission's Decision to Remove a Special City Landmark
Blue Gum Eucalyptus Tree at the Balboa Branch Library and Fire Station; and
Resolution No. 2024-72: Approving Coastal Development Permit and Zoning Exemption
(PA2024-0140) to Allow the Demolition of the Existing Fire Station No. 1 and Balboa
Branch Library, and Construct a New Two -Story Fire Station No. 1 with an Attached City
Library
Chris Pitet, Adkisson Pitet LLP, representing the Friends of the Library Park/appellant, asked
Council to follow City Council Policy G-1, reviewed the tree reports conducted by Dudek and the
arborist's recommendations, read the recitals, believed there is no evidence to support the idea that
the tree is going to progress to a decay of 30% in five years, and asked that Council not remove the
tree.
Assistant City Engineer Sandefur and Superintendent Pekar utilized a presentation to discuss the
project timeline, location map, tree testing and tomography results, the appeal and responses to the
appeal, outlined the CDP approval process, along with permit and zoning requirements, highlighted
the recommendations, and noted a memo was provided to Council and public tonight containing
revisions to the resolution and conditions.
Mayor O'Neill opened the public hearing.
Jim Mosher thought the appeal should have been resolved before the Council saw the conceptual
plan and the library and fire station plan would have benefited by going through the normal process
of Planning Commission review.
Jim Moloney, Friends of the Library Park Tree, disagreed with staff regarding the health of the tree,
thought there is no basis for its removal pursuant to City Council Policy G-1, questioned why the
library and fire station need to switch locations, and objected to the claim that this matter is exempt
from CEQA.
Michele Silver expressed concern about the parking design and inquired if the design could be
adjusted to go around the tree.
Vedant expressed concern that the project will destroy the bird habitats and disagreed if the
exemptions are applicable.
Mr. Pitet urged Council to read the two reports and recommendations.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
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Councilmember Grant appreciated the studies and community input on the matter, noted that
change is hard and needs to be reconciled with the needs of the City, and stated that Council needs
to rely on the recommendations from the tree experts.
In response to Mayor O'Neill's questions, City Attorney Harp stated that Council can waive City
Council Policy G-1 and Public Works Director Webb noted that no appeal fee was charged.
Motion by Mayor O'Neill, seconded by Mayor Pro Tem Stapleton, to a) find this project and
removal of the tree exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 (Class 1 - Existing Facilities), Section 15302 (Class 2 - Replacement of
Reconstruction), and 15303 (Class 3 - New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; b) adopt
Resolution No. 2024-71, A Resolution of the City Council of the City of Newport Beach, California,
Denying the Applicant's Appeal of the Parks, Beaches, and Recreation Commission's Decision to
Approve the Removal of a Special City Landmark Blue Gum Eucalyptus Tree at the Balboa Branch
Library and Fire Station No. 1; c) find this project exempt from the provisions of Title 20 (Planning
and Zoning) pursuant to Section 20.10.040(A) (Applicability of Zoning Code) of the Newport Beach
Municipal Code; d) adopt amended Resolution No. 2024-72, A Resolution of the City Council of the
City of Newport Beach, California, Approving Coastal Development Permit and Zoning Exemption
to Demolish an Existing City Fire Station and Library and Construct a New 5,400 Two -Story City
Fire Station and an Attached 3,700 One -Story Library Location at 100 East Balboa Blvd. (PA2024-
0140); and e) waive City Council Policy G-1, in its entirety, as to the Blue Gum Eucalyptus tree that
is the subject of the appeal including, but not limited to, any alleged procedural or substantive
violation of City Council Policy G-1 that would prevent, limit, or otherwise impact the City Council's
decision this evening to deny the appeal and allow for the removal of the tree.
With Councilmember Avery absent, the motion carried 6-0.
XV. MOTION FOR RECONSIDERATION - None
XVI. ADJOURNMENT - Adjourned at 7:30 p.m. in memory of Mike Talbot
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 19, 2024, at 4:00 p.m.
Leilani I. Brown
City Clerk
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Will O'Neill
Mayor
Volume 66 - Page 180