HomeMy WebLinkAbout10/08/2024 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Meeting Minutes
Study Session and Regular Meeting
October 8, 2024
ROLL CALL - 4:03 p.m.
Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery (arrived at
4:06 p.m.), Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Proclamation Recognizing Kaleigh Gilchrist's Athletic Career
Mayor O'Neill read the proclamation and presented it, along with a Battle of the Bay coin, to
Kaleigh Gilchrist who expressed her gratitude towards the City.
SS3. Recommendations Made by the City Council Ad Hoc Committee on Proposed Aquatic
Complex at the Lower Castaways Park Site
Assistant City Manager Jurjis and Assistant City Engineer Sandefur utilized a presentation to
review the location, site history, community pool concept, development constraints, and current
and proposed pool sites.
Larry Ryan, RJM, utilized a presentation to show a virtual simulation that included the main
access, pick up and drop off areas, 50-meter pool, parking lot, splash spray area, therapy pool,
cabanas, hand launch area, water and aerial views, multipurpose area, warming kitchen, and
deck area.
Recreation and Senior Services Director Levin utilized a presentation to highlight the benefits
of having a community pool, reviewed new and expanded program opportunities, and displayed
a mock pool schedule.
Tony Petros, LSA Associates, displayed a slide of a traffic analysis and reviewed constraints. He
noted the factors that impact mobility and alternate solutions, noted no other access alternative
to the site, and stated that the location can accommodate the proposed aquatic complex and
would not create significant impacts to mobility.
Assistant City Engineer Sandefur continued with the presentation to outline the estimated
construction costs, annual operational and maintenance costs, tentative schedule, and the
Lower Castaways Park Ad Hoc Committee's recommendations.
Mayor Pro Tem Stapleton thanked Council, staff, and the residents for their time and effort on
this proposal and noted the project's proposed cost of more than $40 million. He highlighted the
potential for a future public/private partnership opportunity, emphasized the need for a
community pool, expressed support for adding a staircase to connect Upper Castaways and
Lower Castaways, and noted the history of the site. In response to his question Assistant City
Manager Jurjis stated that theoretically there would be about $10 million to $15 million in the
Facilities Financial Plan (FFP) that needs to be prioritized, and noted that some funding would
be allocated to the West Newport Community Center structure. Mayor Pro Tem Stapleton
thought that more discussions about funding opportunities could take place at the Planning
Session meeting.
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Councilmember Blom concurred with Mayor Pro Tem Stapleton and noted the need for a
community pool and its benefits.
Councilmember Grant noted her excitement for the project and relayed the importance of
opportunities for community input. She commented on traffic issues, funding, and cost
efficiencies. She spoke on the importance of value engineering, programming restrictions, noted
the need to work with legal counsel on proper documentation of site restrictions, and emphasized
needing early initiation of public/private partnerships. She thanked Mayor Pro Tem Stapleton
and Councilmember Blom for their efforts.
Councilmember Weigand noted the project's cost and hoped future funding would be split
similar to the Library Lecture Hall project. In response to Councilmember Weigand's question,
Assistant City Engineer Sandefur indicated that the staircase is included in the price and noted
the desire to utilize .activities to offset costs and bring in additional revenue. Recreation and
Senior Services Director .Levin added that the boat storage is not included in the estimated
revenue number and utilized a slide to review pool size options. Councilmember Weigand
expressed support for the fire pits on the deck and thought the project would improve the City.
Councilmember Kleiman acknowledged Mayor Pro Tem Stapleton, the ad hoc committee
members, and staff for their work on the proposed project.
Councilmember, Avery acknowledged the importance of the project to District 2 and agreed that
the cost is daunting, but thought it was an achievable project, emphasized the importance of
value engineering, complimented the site plan, and discussed funding challenges and
opportunities.
Harbor Commissioners Don Yahn and Rudy Svrcek, and Don Jacobs, architect, utilized a
presentation to review the General Plan for the site, land use objectives, and their alternative
plans for constructing a marine exhibit park or marine institute aquarium at the site. The
presentation included highlights of the aquarium's site plan, entry sculptures, touch pools, sea
life displays, live animal exhibits, kayak tours, amphitheater, artwork, access road concept, cost
estimates, and potential for collaboration. A handout was used to discuss possible alternative
swimming pool sites: Lastly, a proposal was introduced for a marine exhibit park and a
presentation was utilized to review the site plan, 360-degree underwater experience, immersive
dome, sea life displays, touch pools, kayak tours, life size fish displays, and interpretative signs.
Dennis Bress suggested posting the project concept video on the City's website for public
awareness and expressed support for the project.
Keith Dawson supported the aquarium project.
Phillip Rowe supported the aquarium project.
Bill Kennedy opposed the project location.
Tim Rome supported the aquarium project.
Greg Parker recommended moving the pool to another location and supported the marine
institute project.
Peter Belden supported the pool location and suggested evaluating the proposed revenue
options.
Joe Pelletier expressed concern for consolidating access to one single pool and suggested offering
something similar to Long Beach Harbor Horny Corner as a low-cost option.
Robin Sinclair, a former Parks Beach & Recreation (PB&R) Commissioner, supported the pool
project.
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John Yeager supported the pool project.
Keira Kirby, PB&R Commissioner and teacher at Newport Harbor High School, supported the
pool project.
Antonella Castro supported the pool project.
Gary Hill supported the pool project.
An unidentified speaker supported the pool project.
Adam Leverenz asked for presentation materials to be made available for public review prior to
the meeting, supported placing a pool in a more accessible location, suggested revenue
opportunities from school field trips, noted the importance providing adequate restrooms,
suggested having a small marina or fishing facilities, and thought the property was supposed to
be used for water -dependent recreation pursuant to the Local Coastal Plan.
David Tanner encouraged Council to consider all three options, noted that the Coastal Act
promotes public access; 'expressedd concern for the use during peak hours, inquired. about which
projects will be postponed to construct the pool, and expressed interest in more revenue options.
Charlie Hannegan expressed his support for constructing an aquatic center.
Jim Mosher summarized the purpose of the Ad Hoc Committee, inquired about the committee's
budget and whether it conducted public meetings, and questioned where the committee received
its input and what other alternatives were considered. He stated that the City Charter suggests
that a recommendation should also come from the PB&R Commission; expressed confusion
about the public/private partnership details, and supported returning the historic sign to its old
location.
John McCarren supported the pool project.
Anne Kittleson expressed the impact and challenges to the students by sharing aquatic facilities.
Councilmember Blom noted there was thorough and detailed consideration of the proposed
project by the ad hoe' committee, discussed encroachment challenges, traffic scenarios
considered, and location: options. He further commented on coastal access for everyone, ideas
generated during discussions, appreciated all of the input, and supported creating an iconic
aquatic site reflective of the City's culture.
Councilmember Avery affirmed and clarified that the proposed project is for the entire
community, not just District 2, as well as the public to enjoy.
City.Manager Leung utilized a slide to clarify the recommendations of the ad hoc committee.
Mayor O'Neill clarified that the question before Council is whether the City can get to a pool
concept and what would it look. like to get the preliminary documents prepared for that concept.
In response to Councilmember Weigand's question, Assistant City Manager Jurjis stated that if
Council is supportive of the project, staff will present CCC staff with a preliminary design to
assist in identifying if anything is missing. Mr. Petros acknowledged his concern about the left
turn lane going southbound on Dover Drive.
Councilmember Blom recommended beginning the entitlement process as the first step.
Mayor O'Neill conducted a straw poll vote which resulted in the Council unanimously
supporting the ad hoc committee's recommendations.
Without objection, Mayor O'Neill announced that Closed Session would be conducted after Item 17.
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III. RECESSED — 6:02 p.m.
IV. RECONVENED AT 6:13 P.M. TO REGULAR MEETING
V. 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
VI. PUBLIC COMMENTS
Mazar Nabi, Crystal Cove resident, expressed concern for noise and safety from gas -powered leaf
blowers and asked for assistance.
In response to Mayor O'Neill's question, City Attorney Harp stated that certain homeowner associations
are exempt from the regulations. Mayor O'Neill advised the speaker to report concerns regarding use of
gas -powered leaf blowers in commercial areas to code enforcement. He went on to explain that if gas -
powered leaf blowers are being used in residential areas such as hers, she should reach out to her
Homeowner's Association (HOA). He provided his card to the speaker to discuss the matter at a later
time.
Dennis Bress invited Council to the Balboa Island Museum's Cowboy Carnival on October 18, 2024, and
reminded the community to vote in the upcoming election.
Dr. Fillmore Smiley provided a handout regarding his daughter, expressed an interest in modernizing
the safety standards on Balboa Peninsula streets, and asked Council to contact him.
Jim Mosher asked if goals will be set for the City Manager in Closed Session and suggested sharing
informational memos from the City Manager to the City Council on the City website for public viewing.
VII. CLOSED SESSION — Moved After Item 17
VIII. INVOCATION — Chaplain Kathy Gilbert, Calvary Chapel of Costa Mesa
IX. PLEDGE OF ALLEGIANCE — Councilmember Weigand
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Councilmember Kleiman:
• Attended the Orange County Council of Governments (OCCOG meeting and Corona del Mar (CdM)
Sandcastle Contest where she judged the sandcastles with Councilmember Grant
• Announced that the llth Distinguished Citizens Program is underway
Councilmember Weigand:
• Discussed the Town Hall he held at Santa Ana Heights
Councilmember Grant:
• Attended the Library Leadership Donor Appreciation Reception, CdM Sandcastle Contest, the
Newport Beach Chamber of Commerce's Economic Forecast, the OASIS Senior Center's Rummage
Sale, the Lido Theater Ribbon Cutting Ceremony, Fire Service Day, the opening of this year's FUN
Program, and the Sunset Bridge Ribbon Cutting
• Congratulated Chief Cartwright for receiving the Above and Beyond Award from the Crime
Survivors Resource Center
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Announced the free mulch and document shredding event on October 19, 2024, Election Day on
November 5, 2024, and the Newport Beach Film Festival being held from October 17 to October 24,
2024
Mayor Pro Tem Stapleton:
• Congratulated the Newport Beach Chamber of Commerce on their 2025 Economic Forecast event
• Attended the Crime Survivors event, Fire Service Day, Sunset Ridge Bridge Dedication Ceremony,
Distinguished Citizen Program kick-off, and Lido Theater Ribbon Cutting
Mayor O'Neill:
• Thanked the organizers of the Orange County Mayors' Prayer Breakfast and noted his opportunity
to speak
• Attended the Crime Survivors Event and noted the organization received a proclamation from the
City, the Crystal Cove Soiree, Fire Service Day, and the Newport -Mesa Unified School District's
State of the Schools breakfast
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
David Tanner suggested amending the minutes from the September 24, 2024 City Council meeting
(Item 1) to include the number of residents and organizations that support the General Plan Update, a
complete explanation of why Mayor O'Neill abstained from Item 17 (Resolution No 2024-73: Amending
Portions of the Adopted and Certified 6th Cycle Housing Element, and Ordinance Nos. 2024-16 and
2024-17), list members of staff or Council who had communication with people and/or entities that would
benefit from the adoption of Item 17 and when the communications occurred, and list members of
Council or staff who supported not having a public vote.
Mayor O'Neill denied accusations of having a conflict of interest (Item 1); and thanked the Parks,
Beaches & Recreation Department for the San Miguel Park playground improvements (Item 7).
XIII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 24, 2024 City Council Meeting
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title
only.
ORDINANCE FOR INTRODUCTION
3. Pulled from the Consent Calendar
ORDINANCE FOR ADOPTION
4. 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 15060(c)(2), 15060(c)(3), 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) Conduct second reading and adopt Ordinance No. 2024-22, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Sections 21.18.030 (Residential 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).
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RESOLUTION FOR ADOPTION
5. Resolution No. 2024-74: Approval of the 2023 Urban Areas Security Initiative Grant
Program Transfer Agreement
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. 2024-74, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Agreement for Transfer or Purchase of Equipment/Services or for
Reimbursement of Training Costs for Fiscal Year 2023 Urban Areas Security Initiative (UASI)
between the City of Santa Ana and the City of Newport Beach; and
c) Authorize the City Manager to sign the agreement.
CONTRACTS AND AGREEMENTS
6. Newport Beach Junior Lifeguard Building Project — Notice of Completion No. 7524-2
19F13)
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project.
San Miguel Park Accessible Playground Improvements — Award of Contract No. 9371-1
(24P01)
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) Approve Budget Amendment No. 25BA-022 appropriating $607,680 in new expenditures from
the Community Development Block Grant (CDBG) to Account No. 12001-980000-24P01;
d) Declare the bid submitted by A 2 Z Construct, Inc. (A2Z) of Rancho Santa Margarita as
non -responsive;
e) Award Contract No. 9371-1 to R.E. Schultz for the total bid price of $819,475, and authorize the
Mayor and City Clerk to execute the contract; and
f) Establish a contingency of $82,000 (approximately 10% of total bid) to cover the cost of
unforeseen work not included in the original contract.
8. Utilities Locker Room Maintenance — Award of Contract No. 9501-1 (25F03)
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) 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. 9.501-1 to American Construction Company LLC, for the total bid price of
$232,500, and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $35,000 (approximately 15% of total bid) to cover the cost of
unforeseen work not included in the original contract.
9. Police Department Parking Lot Maintenance Project — Reject All Bids for Contract
No. 7901-1 (25F02)
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. 7901-1; and
c) Direct staff to re -advertise the Police Department Parking Lot Maintenance project.
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10. Amended Measure M2 Eligibility Submittal
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) Approve Budget Amendment No. 25-023 appropriating $56,000 in new revenue and
expenditures from Measure M Competitive Grant Funds to Account No. 1230052-980000-24X02;
c) Adopt the Amended Measure M2 Seven -Year Capital Improvement Program; and
d) Direct staff to submit the amended materials to OCTA.
11. Purchase of Four Model Year 2028 Pierce Manufacturing, Inc. Fire Engines (C-9634-4)
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) Approve the selection and purchase of four 2028 or newer model year Pierce Type 1 1500 GPM
Triple Combination Pumping Engines mounted on Pierce Enforcer custom chassis, using
cooperative selection and pricing under Sourcewell Contract #113021-OKC;
c) Approve a Purchase Agreement with South Coast Fire Equipment, Inc. for the purchase of
four 2028 or newer model year Pierce Type 1 1500 GPM Triple Combination Pumping Engines
mounted on Pierce Enforcer custom chassis for a discounted pre -paid price of $4,896,626.91;
d) Authorize the City's Finance Director to issue a Purchase Order to South Coast Fire Equipment,
Inc. for the discounted rate of $4,896,626.91 and process payment within 15 days of issuance;
e) Authorize the City Manager to approve a contingency amount not -to -exceed $244,832
(approximately 5% of the discounted purchase total) for change orders in excess of the pre -paid
price of $4,896,626.91, if the need arises; and
f) Approve Budget Amendment No. 25-021 appropriating $5,141,458.91 in increased expenditures
in the vehicle replacement fund, Account No. 7529032-911016 from the Equipment Internal
Service Fund (752) reserve.
12. Approval of Services Agreement with Mueller Solutions LLC for Sentryx Software and.
Extended Warranty for Repeaters and Collectors (C-9711-1).
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 Services Agreement with Mueller Solutions, LLC for Sentryx software and extended
warranty for repeaters and collectors for a five-year contract term and a total amount of
$350,000 and authorize the Mayor and City Clerk to execute the Agreement.
13. Amendment No. One to Option to Ground Lease Agreement with Balboa Fun Zone Realty
Investments LLC for Use of Palm Street Parking Lot Located at 200 Palm Street (C-5993)
a) Find this project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2), 15060(c)(3), and 15378 of the CEQA Guidelines, because this action is not
a project, Section 15301 (Existing facilities), and Section 15302 (Replacement or Reconstruction)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this
approval authorizes an extension to the option to lease to extend the timeframe for lease
negotiations but does not authorize a specific project or project scope and therefore has no
potential to have a significant effect on the environment; and
b) Authorize the City Manager and City Clerk to execute Amendment No. One to Option to Ground
Lease Agreement By and Between the City of Newport Beach and Balboa Fun Zone Realty
Investments LLC in a form substantially similar to the amendment attached to the staff report.
14. Temporary Staffing Services — Approval of Professional Services Agreement with
Temporary Staffing Professionals (C-9675-2) and The Intersect Group (C-9745-1)
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;
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b) Approve a Professional Services Agreement with Temporary Staffing Professionals for
temporary staffing services for a term of three years with an option to extend for two additional
one-year renewals for a total amount not to exceed $2,000,000;
c) Approve a Professional Services Agreement with The Intersect Group for a term of three years
with an option to extend it for two additional one-year renewals for a total amount not -to -exceed
$500,000; and
d) Authorize the Mayor and City Clerk to execute the Agreements.
MISCELLANEOUS
15. Planning Commission Agenda for the October 3, 2024 Meeting
Receive and file.
Motion by Mayor Pro Tern Stapleton, seconded by Mayor O'Neill, to approve the Consent
Calendar, except the item removed (Item 3); and noting the amendments to Item 1.
The motion carried unanimously.
XIV. ITEM REMOVED FROM THE CONSENT CALENDAR
3. Ordinance No. 2024-23: Amending Chapters 5.95 (Short -Term Lodging Permit) and 15.02
(Administrative Code Related to Construction & Demolition Waste Permits) of the
Newport Beach Municipal Code
Councilmember Grant suggested receiving a report so the community can understand why the code
needs to be updated and the impacts. Councilmember Kleiman expressed interest in discussing the
short-term lodging piece only.
Finance Director Al -Imam explained the joint effort between the Finance and Community
Development departments, responsibilities of the enforcement program that oversees short-term
lodging, the process for appeals, and extenuating circumstances.
In response to Councilmember Grant's question, Finance Director Al -Imam relayed that one or two
extenuating circumstances occur per year. He mentioned a past noticing issue and disconnect
between the City and the permit holder. She questioned if the City should fix the noticing as opposed
to extending the appeal period. City Manager Leung stated if an outlying circumstance were to occur
this update would allow for an appeal to be heard on the matter.
Councilmember Grant recognized the topic as a sensitive matter and asked if there is a broad
discretionary appeal for extenuating circumstances in the Newport Beach Municipal Code, and to
that, City Attorney Harp replied no. She desired that the City monitor this enterprise efficiently
because it is an important issue for the community.
Councilmember Kleiman expressed the same concerns, noted transferability is problematic, and
suggested seeing if amending the notice addresses the problem. However, if it does not, she stated
that the matter should be brought back to Council. She suggested considering each of the Chapters
5.95 (Short -Term Lodging Permit) and 15.02 (Administrative Code Related to Construction &
Demolition Waste Permits) separately, and noted interest in moving forward with the
recommendation relative to construction and demolition waste permits, and continue the matter
regarding short-term lodging permits until a date uncertain.
Councilmember Avery thought the City could handle situations as they occurred and noted the need
for a careful and sensitive approach.
Jim Mosher questioned whether Chapter 15.02 applies to the waste generated by all construction
and demolition projects, agreed with a broad statement of leniency, thought that short-term lodging
may be better handled with the least leniency, and cautioned against using the words "good cause"
since the term can be left to interpretation.
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Mayor O'Neill suggested bringing the matter back as two separate items with the construction and
demolition matter placed on the Consent Calendar at the next Council meeting, but noted that the
short-term lodging piece needs more work.
Councilmember Weigand suggested cleaning up the addresses that the City has on file.
Motion by Councilmember Kleiman, seconded by Councilmember Blom, to a) bring back
the construction and demolition component to the October 22, 2024 City Council meeting; and
b) bring back the short-term lodging component at the November 12, 2024 City Council.
Councilmember Weigand clarified that a time uncertain can be used.
City Attorney Harp thought staff could return with the short-term lodging piece in November,
discussed options, and indicated the item will come back as -is unless Council provides further
direction.
In response to Mayor O'Neill's inquiry, Finance Director Al -Imam recommended that Council wait
to see how the short-term lodging issue plays out, noted that the current problems are unresolvable
because there is no remedy, and stated that noticing will be done consistently in the future.
Mayor O'Neill acknowledged the need to create an appeal process for a hardship exemption that
comes through Council.
City Attorney Harp offered the option of having Finance Director Al -Imam make the initial
determination and then report back to Council.
Mayor O'Neill and Councilmember Kleiman agreed with this approach.
At Councilmember Grant's request, Mayor O'Neill recapped the approach which would give Council
the final say for reinstatement.
Councilmember Grant thought hardship determinations should be handled at the administrator
level and the Finance Director's involvement should come after a permit is revoked. City Attorney
Harp asked if Council would be interested in bringing the matter back later to see if noticing resolves
the problem. Councilmember Grant was agreeable to bringing the item back, and possibly include a
hardship appeal process and any other necessary remedies.
Councilmember Blom supported taking more time to consider the matter further.
Mayor O'Neill suggested bringing this short-term lodging discussion back during the Planning
Session meeting.
Amended motion by Councilmember Kleiman, seconded by Councilmember Blom, to
a) bring back the construction and demolition component to the October 22, 2024 City Council
meeting; and b) bring back the short-term lodging component for discussion during the City Council
Planning Session meeting.
The amended motion carried unanimously.
XV. PUBLIC COMMENTS ON NON -AGENDA ITEMS — None
XVI. PUBLIC HEARING
16. Ordinance No. 2024-24: Approving of the Second Amendment to Development Agreement
No. DA2012-003 for the Uptown Newport Planned Community Located at 4311 Jamboree
Road (PA2024-0078)
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Mayor O'Neill and Mayor Pro Tem Stapleton recused themselves due to their membership
in the Pacific Club.
Councilmember Kleiman recused herself due to her husband's employment.
Mayor O'Neill indicated that Councilmember Blom will chair this item.
Assistant City Manager Jurjis and Deputy Community Development Director Murillo utilized a
presentation to review the proposed request, site location, Uptown Newport Planned Community
phases, the Development Agreement (DA), park dedication requirements and credits, park in -lieu
fee credit requests, and Planning Commission action.
Councilmember Blom opened the public hearing.
Brian Rupp, Shopoff Realty Investment and representing the applicant, stated their request to use
excess park fee credits towards public benefit fees.
Jim Mosher expressed his confusion, stated that a table of calculations should have been included
with the staff report, and noted his concern for letting the applicant use a credit that they might
lose later if the intention was for the credit to be nonrefundable.
Councilmember Blom stated that he thought the variance in the cost stems from timing and the CPI
adjustments.
Assistant City Manager Jurjis clarified that the correct number in the presentation and staff report
is $824,000.
Hearing no further testimony, Councilmember Blom closed the public hearing.
Councilmember Blom noted he worked in a small group on this matter, the project is long-term, and
the goal is to cautiously build the project with community attributes in mind.
Councilmember Grant agreed with Councilmember Blom, stated that Councilmember Blom and she
worked with staff in a small group to look at alternate ways to analyze the issue which resulted in
this proposal. She commended Mr. Shopoff, noted the quality of the improvements, appreciated the
investment in the community, and expressed interest in moving forward. ,
Motion by Councilmember Blom, seconded by Councilmember Grant, to a) find that all
significant environmental concerns for the Project have been addressed in the previously certified
Environmental Impact Report No. ER2012-001 (SCH No. 2010051094), First Addendum
No. ER2012-001, and Second Addendum No. ER2020-001; and b) waive full reading, direct the City
Clerk to read by title only, introduce Ordinance No. 2024-24, An Ordinance of the City Council of
the City of Newport Beach, California, Approving of the Second Amendment to Development
Agreement No. DA2012-003 for the Uptown Newport Project Located at 4311-4321 Jamboree Road
(PA2024-0078), and pass to second reading on October 22, 2024.
With Mayor O'Neill, Mayor Pro Tem Stapleton, and Councilmember Kleiman recusing
themselves, the motion carried 4-0.
XVII. CURRENT BUSINESS
17. Resolution No. 2024-75: Establishing the Fair Market Value Per Acre for Assessing In Lieu
Park Dedication Fees
Jim Mosher expressed support for the update, suggested different in -lieu fees based on property
value, and thought the increases were appropriate.
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Motion by Mayor O'Neill, seconded by Councilmember Blom, to a) find the adoption of this
resolution is not subject to 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 b) adopt Resolution No. 2024-75, A Resolution of the City Council of the
City of Newport Beach, California., Establishing the Fair Market Value Per Acre to be Used in
Assessing In Lieu Park Dedication Fees Pursuant to Section 19.52.070 (Fee In Lieu of Dedication) of
the Newport Beach Municipal Code and Rescinding Resolution No. 2020-95.
The motion carried unanimously.
City Attorney Harp announced that City Manager Leung will be recusing herself from Closed
Session Item B due to personal financial effect.
XVIII. CLOSED SESSION - Council Chambers Conference Room
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957(b)(1)): 1 matter
Title: Grace Leung, City Manager.
B. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code § 54957.6): 1 matter
Agency Designated Representatives: Will O'Neill, Mayor, Joe Stapleton, Mayor Pro Tem.
Unrepresented Employee: Grace Leung, City Manager.
Recessed at 7.25 p.m. and reconvened at 10:31 p.m. with all members of the City Council in
attendance.
XIX. CLOSED SESSION REPORT
Mayor O'Neill announced that no reportable actions were taken.
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 10:31 p.m.
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
October 3, 2024, at 4:00 p.m.
Will O'Neill
01
CWPO
Leilani I. Brown >' _
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City Clerk V
qC� FOR
Volume 66 - Page 191