Agenda packet — Newport Beach City Council, April 23, 2024 (part 1 of 3)

WILL O'NEILL, Mayor
JOE STAPLETON, Mayor Pro Tem
BRAD AVERY, Councilmember
NOAH BLOM, Councilmember
ROBYN GRANT, Councilmember
LAUREN KLEIMAN, Councilmember
ERIK WEIGAND, Councilmember
GRACE K. LEUNG, City Manager
AARON C. HARP, City Attorney
LEILANI I. BROWN, City Clerk

CITY OF NEWPORT BEACH

CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 REGULAR MEETING - 4:00 P.M.

APRIL 23, 2024

NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach ’s equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting.

LEVINE ACT
Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract (other than competitively bid, labor, or personal employment contracts ), franchise, license, permit, or other entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than $250 made within the preceding 12 months by the party or the party ’s agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record.

PUBLIC HEARINGS
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

NOTICE TO THE PUBLIC
Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given.

This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-644-3005.

Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. 1 The City of Newport Beach ’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or [email protected]).
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City Council Meeting
I. ROLL CALL - 4:00 p.m.

II. INVOCATION
III. PLEDGE OF ALLEGIANCE
IV. PRESENTATIONS
Recognition of Newport-Mesa Unified School District Students● Proclamation Recognizing The Literacy Project●
V. NOTICE TO THE PUBLIC
The City Council of Newport Beach welcomes and encourages community participation .

Public comments are generally limited to three minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non-agenda items.

VI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL

ON COMMITTEE ACTIVITIES
VII. PUBLIC COMMENTS ON CONSENT CALENDAR
This is the time in which Councilmembers may pull items from the CONSENT CALENDAR for discussion (ITEMS 1 - 12). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Councilmember, members of the public are invited to speak on each item for up to three minutes per item.

All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Councilmembers have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and /or removed from the Consent Calendar for separate action.
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City Council Meeting
VIII. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES
Minutes for the April 9, 2024 City Council Meeting1.

Reading of Ordinances2.

ORDINANCES FOR ADOPTION
Ordinance No. 2024-8: Approving Newport Place Planned Community Development Plan Amendment; and Ordinance No. 2024-9: Approving Development Agreement for the Residences at 1400 Bristol Street (PA2022-0296)

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Ordinance No. 2024-10: Approving Newport Place Planned Community Development Plan Amendment; and Ordinance No. 2024-11: Approving Development Agreement for the Residences at 1401 Quail Street (PA2023-0040)

4. CONTRACTS AND AGREEMENTS
West Irvine Terrace and Balboa Island Water Main Replacement (Project Nos . 23W13 & 23W11) - Notice of Completion for Contract No. 7966-1

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Street Pavement Repair Program (Fiscal Years 2022-23 and 2023-24) ( Project No. 24R03) - Notice of Completion for Contract No. 9379-1

6. Concrete Replacement Program FY 2023-24 (Project No. 24R06) - Notice of Completion for Contract No. 9378-1

7. Newport Beach Mariners Library, Corona del Mar Lifeguard Substation, and Ben Carlson Lifeguard Headquarters Heating, Ventilation, and Air Conditioning Replacement Project - Notice of Completion for Contract No . 8760-1 (22F02)

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Central Library Elevator Modernization Project - Award of Contract No . 8939-1 (24F02)

9. Approval of a Maintenance Services Agreement for Storm Drain System Cleaning Services with Ocean Blue Environmental Services, Inc.

10. MISCELLANEOUS
Planning Commission Agenda for the April 18, 2024 Meeting11. 7 April 23, 2024

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City Council Meeting
Grants and Donations Report for the Quarter Ending March 31, 202412.

ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR

THOSE ITEMS REMOVED
IX. ITEMS REMOVED FROM THE CONSENT CALENDAR
X. PUBLIC COMMENTS ON NON-AGENDA ITEMS
Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record.

XI. PUBLIC HEARINGS
Resolution No. 2024-28: Appeal of Planning Commission ’s Approval of the Orange County Sanitation District ’s Bay Bridge Pump Station and Force Mains Replacement Project at 250 East Coast Highway (PA2023-0076)

13. Ordinance Nos. 2024-12 and 2024-13, and Resolution No. 2024-29: Revising Certain Fees Within the Schedule of Rents, Fines and Fees, Authorizing the Waiver of Vehicle Tow Fees, Adopting a Credit Card Convenience Fee, and Updating the Methodology for Annual Consumer Price Index Calculations

14. Resolution No. 2024-30: Community Development Block Grant - 2024-2025 Annual Action Plan

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City Council Meeting
XII. MOTION FOR RECONSIDERATION
A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Councilmembers who voted with the prevailing side.

XIII. ADJOURNMENT
Testimony given before the City Council is recorded.

The timer light will turn yellow when the speaker has one minute remaining.

The timer light will turn red when the speaker has 10 seconds remaining.

PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.
9 CITY OF NEWPORT BEACH

City Council Meeting Minutes
Study Session and Regular Meeting
April 9, 2024

Volume 66 - Page 70
I. ROLL CALL – 4:00 p.m.

Present: Mayor Will O’Neill , Mayor Pro Tem Joe Stapleton , Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman Excused: Councilmember Erik Weigand

II. CURRENT BUSINESS

SS1. Clarification of Items on the Consent Calendar – None

SS2. Proclamation Recognizing National Library Week

Mayor O’Neill read the proclamation and presented it to Paul Watkins, Chair of the Board of Library Trustees, and Library Services Director Hartson who thanked Council for their support.

SS3. Presentation of Insurance Services Office (ISO) Class I Public Protection Classification to the City of Newport Beach

Andy Bolton , Verisk ISO Senior Fire Protection Analyst, and Jim Hughes , Underwriting Solutions ISO Field Representative, utilized a presentation to discuss the ISO public protection classification, 503 Class 1 graph countrywide, fire suppression rating schedule, items evaluated and how the information affects insurance policies . He concluded by presenting a plaque to Fire Chief Boyles and the City.

Fire Chief Boyles recognized Fire Marshal Gillespie for leading the evaluation and the Newport Beach Fire Department.

SS4. Presentation to the Carnegie Medal Recipient

Mayor O’Neill announced that the presentation will be continued to a future City Council meeting.

SS5. Discussion Regarding the Balboa Yacht Basin

Councilmember Stapleton announced that he will be recusing himself due to a financial relationship with a client who owns property adjacent to the subject property.

Assistant City Manager Jurjis and Real Property Administrator Wooding Whitlinger utilized a presentation to discuss the request for proposal (RFP) for the Balboa Yacht Basin , project description, existing condition and uses, tidelands boundaries, current rent revenues, the Facilities Financing Plan (FFP), the two proposals, and the proposal snapshot.

In response to Mayor O’Neill’s questions regarding Proposal 2 from Basin Neighborhood Partners, LLC, Assistant City Manager Jurjis relayed that the lease structure would be between the City and the homeowner for each parcel , the developer would sell the ten units , the City would gain the rights to own the offices and the Galley Café buildings, the Galley Café and offices would have a lease with the City , and the dry storage on the 40 units will belong to the City.

Assistant City Manager Jurjis continued with the presentation to review the entitlement process, agency comparisons, and next steps.

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Agenda Item No. 1
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In response to Mayor O’Neill’s question, staff indicated that there are currently 32 storage units in Burnham Ward Properties’ proposal (Proposal 1).

Ryan Rhoads, Burnham Ward Properties, reviewed the company’s background, the proposal, and examples of properties renovated by them.

Kevin Hayes, Basin Neighborhood Partners, LLC, introduced his wife, Alice Herren Hayes, and son, Kevin Hayes, Jr., and reviewed their proposal, parking and traffic requirement reductions, income expectations and revenue estimates, RFP scope, and benefits and challenges of Proposal

2. He expressed confidence in receiving California Coastal Commission (CCC) approval .

Mrs. Hayes noted the neighborhood’s character, opportunities, economics, and vision; and Kevin Hayes, Jr. explained the property ownership concept and the reasoning and benefits for their proposal to include residential units.

Bill Kenney, representing the Promontory Bay Community Association , expressed an interest in a collaborating with the City and developer.

Paul Fruchbom stated that tenants will relay that the existing uses for the buildings referenced in the RFP should not be changed, suggested the amenity is better run for the benefit of the City rather than a for-profit developer, and parking is under parked.

Brian White, Galley Café owner, expressed an interest in working with the Council and asked to be a part of the process.

Chris Webb thought there is a lack of public engagement with the current tenants , noted that the garages are essential , suggested a third proposal be considered to only conduct a minor renovation of the existing structures, requested that a specific scope for the existing structures and related costs be identified, and encouraged Council to take a pause, engage in community and tenant outreach, and review the RFP and proposals from the community’s perspective.

Adam Leverenz expressed concerns for eliminating residences, the ground lease amounts, the semi-subterranean garages and water tables, office space availability, and omitting the boaters from having a say.

Cindy Paulsen inquired about the height of the two proposals versus the existing height s and what is planned for the storage unit on the end closest to Beacon Bay in Proposal 1. She expressed concern for the street proximity to her home in Proposal 2 and limited parking near the Galley Café.

Wade Womack asked that the City keep the buildings, thought that both proposals appear to increase the intensity of use, noted the similar existing and potential revenue opportunities and current good balance of use, and suggested a third proposal for a remodel and creating a nonprofit.

Kathleen Anderson, Balboa Basin Yacht Club Commodore, noted parking issues and thought that the yacht club would get chased away if everything is rebuilt.

Dave New, Basin Marine Shipyard owner, offered to work with the City on the proposals and noted the impacts of Proposal 2 on his business.

An unidentified speaker from Basin Marine Shipyard expressed an interest in working with the community on the project and supported renovating the existing buildings.

Ken Rinker, representing the Promontory Bay Community Association, expressed concerns for the impacts to their neighborhood by chang ing the Balboa Yacht Basin and the importance of parking.

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George Garrett asked that the community component be considered and pointed out that slip tenants make a difference.

Debra Huse asked Council to consider the rehabilitation idea as a third proposal.

Councilmember Blom noted that the proposals were from local developers, restated the original intent of the RFP, discussed the City’s approach to facility maintenance, the difference between government versus private spending, the desire to maintain City icons, pointed out that ten single-family homes does not add any thing to the City, and emphasized the Council’s goal of having the best and highest use to the most amount of people who have the ability to enjoy it.

In response to Mayor O’Neill’s question, Assistant City Manager Jurjis explained how the City defines a building’s useful life, the impact to the buildings over time, the cost effectiveness for the City to tear the buildings down and build them brand new, and sewer line corrosion.

Additionally, he indicated that the building height is about 24 feet in Proposal 1 based on the elevation view, up to 29 feet in Proposal 2 based on the section view compared to the existing height of 24 feet , and the storage unit will be maintained in Proposal 1 and eliminated in Proposal 2 to create driveway access to the proposed parking lot. Mayor O’Neill assured that the boating community will be included in the considerations. Assistant City Manager Jurjis relayed that the next step would be to hold a town hall meeting to discuss project amenities and address concerns, and then the item will return to Council with a lease agreement.

Councilmember Avery noted how difficult it can be to have things go away that have been in place for some time , shared the marina storage history after WWII and the current lack of marina storage, the City marina is a good deal and is used a lot, Proposal 1 limits social gatherings, discussed the benefits of having a garage in the basin, and noted that more outreach is needed. He suggested looking into the feasibility of rehabilitating the area and hanging on to the community aspects and , if this is not possible, then the City should get the max imum revenues from the land and bring the community together to identify what is best for the people emotionally invested in the area.

Councilmember Grant thanked staff for their work on the matter and members of the public for participating, understood the importance of preserving the culture and heritage of the marine community, and stated being encouraged by the input received. Though she thought that both proposals are world-class, she expressed disappointment for not receiving more proposals. She expressed an interest in including more public use and stated that she is looking forward to more to come on this matter.

In response to Councilmember Grant’s question, City Attorney Harp indicated the Council could move forward legally with the proposals that were received. Real Property Administrator Wooding Whitlinger noted that the two proposals are all the City received and there are limited options to seek additional responses. Councilmember Grant was surprised by the small response considering the property is a gem and possesses so much opportunity.

Councilmember Kleiman supported staff’s recommendation and thought the narrow scope of the RFP produced a limited number of proposals.

Mayor O’Neill noted that this was not an area that was contemplated for new housing in the General Plan and suggested more community input on storage size and count in Proposal 1 and reviewing the end of useful life matter to consider its impact to the Capital Improvement Plan (CIP). He reviewed the next steps, suggested another public discussion as part of the CIP process, and proposed moving forward with Proposal 1 with the next steps being community engagement and the option for staff to begin working through deal terms.

Following a straw vote , Mayor O’Neill, Councilmember Blom, Councilmember Grant, and Councilmember Kleiman expressed support for Proposal 1.

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III. PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS

Bill Kenney, Newport Harbor Foundation , announced a State of the Bay luncheon on May 15, 2024, at the Newport Harbor Yacht Club (www.newportharborfoundation.org).

IV. RECESSED – 5:45 p.m.

V. RECONVENED AT 5:51 P.M. FOR REGULAR MEETING

VI. ROLL CALL

Present: Mayor Will O’Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman Excused: Councilmember Erik Weigand

VII. INVOCATION – Councilmember Grant

VIII. PLEDGE OF ALLEGIANCE – Councilmember Kleiman

IX. NOTICE TO THE PUBLIC

X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON

COMMITTEE ACTIVITIES

Councilmember Kleiman:
• Read stories during National Library Week’s Storytime at the Corona del Mar Branch Library • Attended the Orange County Council of Governments (OCCOG) Annual Conference, the public dock ribbon cutting, the Corona del Mar Residents Association ( CdMRA) Annual Meeting, the Southern California Association of Governments ( SCAG) Board and Regional Policy meetings, and the Newport Beach Police Department (NBPD) Mobile Café at the Corona del Mar Farmers Market • Announced that the Aviation Committee meeting that was schedule for April 15, 2024, is postponed

Councilmember Avery:
• Attended the Water Quality/Coastal Tidelands Committee meeting and the OASIS Senior Center Board of Advocates meeting

Councilmember Grant:
• Attended the NBPD Mobile Café and the 3rd Annual Women Making a Difference Award Breakfast • Utilized a slide to announce the Adopt a Pet event on April 20, 2024, at the Newport Beach Animal Shelter
• Congratulated the Newport Beach Fire Department for achieving the Class 1 recognition • Announced that she will also be participating in Storytime at the library on April 10, 2024 for National Library Week

Mayor Pro Tem Stapleton:
• Reported going on a ride-along with Sgt. Matson through Area 1 • Attended the public dock ribbon cutting, the CdMRA meeting, and the Newport Beach Chamber of Commerce scholarship event
• Toured Balboa Village with Code Enforcement
• Announced that he will be participating in Storytime at the library on April 10, 2024 for National Library Week

Mayor O’Neill:
• Attended the Eastbluff PTA meeting, public dock ribbon cutting, OASIS Senior Center food delivery with Age Well, and the Mayor’s Youth Council’s final meeting for the school year • Announced there will be a Finance Committee meeting on April 11, 2024 Draft
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• Utilized a slide to announce that the City is accepting applications to receive Community Program and Special Events Grants

XI. PUBLIC COMMENTS ON CONSENT CALENDAR - None

XII. CONSENT CALENDAR

READING OF MINUTES AND ORDINANCES

1. Minutes for the March 26, 2024 City Council Meeting
Waive reading of subject minutes, approve as amended, and order filed.

2. Reading of Ordinances
Waive reading in full of all ordinances under consideration and direct the City Clerk to read by title only.

ORDINANCE FOR ADOPTION

3. Ordinance No. 2024-7: Terminating One Non -Exclusive Franchise Agreement for Commercial Solid Waste
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2024 -7, An Ordinance of the City Council of the City of Newport Beach, California, Terminating One Non-Exclusive Franchise Agreement for Commercial Solid Waste.

RESOLUTIONS FOR ADOPTION

4. Resolution No. 2024-20: Accept State of California, Department of Parks and Recreation, Division of Boating and Waterways Grant for the Marina Park Boating Program (C-8858- 3)
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 -20, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Grant Agreement C8968327 Between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beac h for Reimbursement of the Cost for Replacement Items, Adaptive Sailing Equipment, Scholarships for the Marina Park Boating Program, and Instructor Training ; c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the reimbursement of the cost for the adaptive sailing equipment and replacement items for the Marina Park Boating Program; and d) Approve Budget Amendment No. 24 -066 to record and appropriate in grant revenue from the State of California Division of Boating and Waterways to Marina Park - Marina Park Sailing account 0107023-561086 and in expenditure appropriations to Marina Park - Equipment NOC account 0107023-911024.

5. Resolution No. 2024 -21: Amending City Council Policy F -1 ( Statement of Investment Policy)
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2024 -21, A Resolution of the City Council of the City of Newport Beach, California, Amending City Council Policy F -1 (Statement of Investment Policy) Deleting Language Regarding Investment in the Los Angeles County Investment Pool, and Deleting Redundant Language Regarding Adoption Date.

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CONTRACTS AND AGREEMENTS

6. 2021-2022 Tide Gate Improvement Project – Notice of Completion for Contract No. 7999- 1 (19D03)
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 6 due to real property interest conflicts.

7. Amendment No. 1 to Professional Services Agreement with Aquatrax LLC for Web-based Customer Water Use Software (C-8885-1)
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 Amendment No. One to the Professional Services Agreement with Aquatrax, LLC for web-based customer water use software, extending the contract term to April 30, 2027, and increasing the total agreement compensation by $250,000, and authorize Mayor and City Clerk to execute the Agreement.

8. Approval of Amendment No. One to Maintenance/Repair Services Agreement for Weed Abatement Services with Natures Image, Inc. (Contract No. 8537-1) 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 Amendment No. One to the Maintenance/Repair Services Agreement with Natures Image for weed abatement services with a three -year extension and an additional not-to-exceed amount of $560,000 for a total not -to-exceed amount of $2,534,933.24 and authorize the Mayor and City Clerk to execute the amendment.

9. Continuance of Franchise Termination Proceeding for Key Disposal & Recycling, Inc. to the May 14, 2024 City Council Meeting
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) Continue the franchise termination proceeding for Key Disposal & Recycling, Inc. to the May 14, 2024 City Council meeting.

MISCELLANEOUS

10. General Plan Update Steering Committee (GPUSC) Bi -Monthly Update to the City Council
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) Receive and file the report.

Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Kleiman, to approve the Consent Calendar ; and noting the recusal by Councilmember Blom to Item 6 and amendments to Item 1.

With Councilmember Weigand absent, the motion carried 6-0.

XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR – None

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XIV. PUBLIC COMMENTS ON NON-AGENDA ITEMS

Amy Senk provided a handout, expressed concern for safety due to two water main breaks causing flooding to her home , noted her family’s displacement for nearly four years , and believed there is no regard from the City after several pleas for assistance.

In response to Mayor O’Neill’s request, City Attorney Harp explained that the City reimbursed Mrs. Senk’s insurance company for payments they made to assist M rs. Senk’s family and reported on the work being done by the City to add protections against further water main breaks.

Adam Leverenz stated that the proposed mooring fee increase is substantially more than the State Lands Commission’s benchmark rates for Orange County, the City’s pier permit fees, and the CBRE mooring rate appraisal, and took issue with the proposed mooring fee increase.

XV. PUBLIC HEARINGS

11. Ordinance Nos. 2024-8 and 2024-9 and Resolution Nos. 2024-22 and 2024-23: Approving the Residences at 1400 Bristol Street Project; and Resolution No. 2024-24: Overriding Orange County Airport Land Use Commission’s Determination of Inconsistency (PA2022 -0296) (C-9243-2)

Mayor O’Neill opened the public hearing.

Jim Mosher questioned the lower fees in the development agreement and inquired about the General Plan policy to develop a more walkable airport area.

Hearing no further testimony, Mayor O’Neill closed the public hearing.

Mayor O’Neill stated that he reviewed the entire staff report and supported the park fee reduction for this matter and Item 12.

Motion by Mayor O’Neill , seconded by Mayor Pro Tem Stapleton , to a) adopt Resolution No. 2024-22, A Resolution of the City Council of the City of Newport Beach, California, Adopting Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and 2008- 2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration for the Residences at 1400 Bristol Street Project Located at 1400 Bris tol Street (PA2022 -0296); b) adopt Resolution No. 2024-23, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment, Site Development Review, Affordable Housing Implementation Plan and Traffic Study for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296); c) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024 -8, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Planned Community Development Plan Amendment for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296), and pass to second reading on April 23, 2024; d) waive full reading, direct the City Cle rk to read by title only, introduce Ordinance No. 2024 -9, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022 -0296), and pass to second reading on April 23, 2024; and e) adopt Resolution No. 2024-24, A Resolution of the City Council of the City of Newport Beach, California, Finding the Residences at 1400 Bristol Project is Consistent with the Purposes of the Stat e Aeronautics Act and Overriding the Orange County Airport Land Use Commission’s Determination that the Residences at 1400 Bristol is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2022-0296).

With Councilmember Weigand absent, the motion carried 6-0.

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12. Ordinance Nos. 2024-10 and 2024-11 and Resolution Nos. 2024-25 and 2024-26: Approving the Residences at 1401 Quail Street Project; and Resolution No. 2024 -27: Overriding Orange County Airport Land Use Commission’s Determination of Inconsistency (PA2023- 0040) (C-9285-2)

Mayor O’Neill opened the public hearing.

Jim Mosher questioned how the City determines a proportionate share between the affordable purchaser and the City, and reviewed the number of new housing units needed to reach the State’s mandated housing goals set for the City.

Hearing no further testimony, Mayor O’Neill closed the public hearing.

Mayor O’Neill noted his comments are the same as stated during Item 11 discussions.

Motion by Mayor O’Neill , seconded by Councilmember Grant, to a) adopt Resolution No. 2024-25, A Resolution of the City Council of the City of Newport Beach, California, Adopting Addendum No. 8 to the 2006 General Plan Update Program Environmental Impact Report and 2008- 2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration for the Residences at 1401 Quai l Street Project Located at 1401 Quail Street (PA2023 -0040); b) adopt Resolution No. 2024-26, A Resolution of the City Council of the City of Newport Beach, California, Approving a General Plan Amendment, Site Development Review, Vesting Tentative Tract Map, and Affordable Housing Implementation Plan for the Residences at 1401 Quail Street Project Located at 1401 Quail Street (PA2023 -0040); c) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024 -10, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Planned Community Development Plan Amendment for the Residences at 1401 Quail Street Located at 1401 Quail Street (PA2023 -0040), and pass to second reading on April 23, 2024; d) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-11, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Residences at 1401 Quail Street Project Located at 1401 Quail Street (PA2023 -0040), and pass to second reading on April 23, 2024; and e) adopt Resolution No. 2024-27, A Resolution of the City Council of the City of Newport Beach, California, Finding the Residences at 1401 Quail Project is Cons istent with the Purposes of the State Aeronautics Act and Overriding the Orange County Airport Land Use Commission’s Determination that the Project is Inconsistent with the 2008 John Wayne Airport Environs Land Use Plan (PA2023 -0040).

With Councilmember Weigand absent, the motion carried 6-0.

XIV. CURRENT BUSINESS

13. Sculpture Exhibition in Civic Center Park – Phase IX (C-9455-1)

Library Services Director Hartson stated that Richard Stein, Arts Orange County President and CEO, and Nicholas Thurkettle, Program Coordinator, are in attendance.

Mayor O’Neill noted that images of the sculptures were included with the staff report and were also shown in Stu News Newport.

Councilmember Grant expressed appreciation to the library staff, City Arts Commission, and Arts OC for providing the community with a wonderful cultural amenity.

Motion by Councilmember Grant, seconded by Councilmember Avery, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) approve 10 sculptures and their placement and two alternate sculptures within Civic Center Park as selected by the public and recommended by the City Arts Commission for the temporary sculpture exhibit.

Draft
17 City of Newport Beach
City Council Meeting
April 9, 2024

Volume 66 - Page 78
With Councilmember Weigand absent, the motion carried 6-0.

XVII. MOTION FOR RECONSIDERATION – None

XVIII. ADJOURNMENT – 6:22 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 April 4, 2024, at 4:00 p.m.

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Will O’Neill
Mayor

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Leilani I. Brown
City Clerk
Draft
18 April 23, 2024, City Council Agenda Comments
The following comments on items on the Newport Beach City Councilagendaare submitted by:

Jim Mosher ([email protected]), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Minutes for the April 9, 2024 City Council Meeting Thepassagesshownin italicsbeloware fromthe draftminutes with suggested corrections shownin strikeout underline format.Thepagenumbersrefer to Volume66.

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and Jim Hughes, Underwriting Solutions ISO Field Representative, utilized a presentation to discuss the ISO public protection classification, 503 Class 1 graph departments countrywide, fire suppression rating schedule, items evaluated and how the information affects insurance policies. He concluded by presenting a plaque to Fire Chief Boyles and the City.” [Seevideo:thegraphplotted38,000departmentscountrywide,ofwhichonly503were Class1.]

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Proposal 2 from Basin Neighborhood Partners, LLC, Assistant City Manager Jurjis relayed that the lease structure would be between the City and the homeowner for each parcel, the developer would sell the ten units, the City would gain the rights to own the offices and the Galley Café buildings, the Galley Café and offices would have a lease with the City, and the 40 units of dry storage on the 40 units will belong to the City.” [?]

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Committee meeting that was schedule scheduled for April 15, 2024, is postponed” Item 3. Ordinance No. 2024-8: Approving Newport Place Planned Community Development Plan Amendment; and Ordinance No. 2024-9: Approving Development Agreement for the Residences at 1400 Bristol Street (PA2022-0296)
Inthefirstsentenceofits“Discussion,” thestaffreportsaysthat“On April 9, 2024, the City Council conducted a noticed public hearing on the proposed Project,” a“fact” recited inmore detail inthetwoordinancesproposedfor adoption.The publichadalsobeen puton noticethat theCouncil wouldbeholdingahearingonApril 9toconsider overridingafindingof inconsistencybythe County’sAirportLand UseCommission.

Whileahearingmayhavebeentechnicallyheld,theApril 9 videoindicatesitdidnotfollowthe protocol for administrativeandquasi-judicial hearingssetforthon page6 ofCityCouncil Policy A-1.Inadditiontotherebeingnooral announcementofwhatthehearingwasabout,nor a staff report(bothofwhichappear to beoptional),thepresidingofficer didnotinvitetheapplicantto makeapresentationor respond topublictestimony(bothofwhichdoseemtoberequired).

Regardingthesubstanceofthe presentactions,designatingthislocation aspartofthe residential portionoftheNewportPlacePlannedCommunityDevelopmentPlanseemsunwise, Received After Agenda Printed
April 23, 2024
Written Comments
19 April23,2024,CityCouncilagendacomments-JimMosher Page2of5 bothbecauseitisdirectlyundertheCity’srequestedflightpathforpiston-poweredaircraftdepartingJohnWayneAirport,andbecausethenoiseimpactonpotentialresidentsfromthe73Freeway(whichitislessthan200feetfrom)doesnotappeartohavebeenconsidered.Itdoesnotsoundlikeapleasantplaceforpeopletolive.

ItalsodoesnotappeartobebeingaddedinsuchawayastoadvancetheCity’svisionofcreatingresidentialcommunitieswalkablyconnectedtoneededservicesintheAirportAreawithassociatedtrafficcalmingmeasures.Onthecontrary,thepedestrianbridgeconnectingthiscomplextothesamedeveloper’sadjacentandpreviously-approvedresidentialcomplexat1300Bristolcontributestoasenseofisolationandself-containmentandnotusingthestreets.Inshort,wedonotseemtohaveaplannedcommunity.

Astothedevelopmentagreement,asIattemptedtopointoutinoraltestimony,the$2,893,383publicbenefitfeeseemsunexplainedandarbitrary.With153baseunitsitfiguresto$18,911perunit,orwith229totalunits,to$12,635perunit.ThiscomparestoAgendaItem4,forwhichthepublicbenefitof$1,628,400for52baseunitsand67totalcomputesto$31,315or$24,304perunit.Tothebestofmyknowledge,noonehasexplainedwhoproposedthesenumbersor onwhatbasis.

Astotheotherimpactfees,IwasundertheimpressiontheCouncilthoughttheAirportArealackedparks,soitissurprisingtoseereliefbeingofferedontheparkfeewhichwouldgotowardcreatingthem.Astothefeesingeneral,IassumetheCityismindfuloftheU.S.SupremeCourt’sApril12decisioninSheetzv.CountyofElDorado,openingthemtonewchallenges.

Item4. OrdinanceNo. 2024-10: ApprovingNewport PlacePlannedCommunityDevelopment PlanAmendment; andOrdinanceNo.2024-11: ApprovingDevelopment Agreement for theResidencesat1401Quail Street (PA2023-0040)SeecommentsonAgendaItem3.Again,thepublicwasnotifiedahearingwouldbeheld,butthevideoagainshowspubliccommentbeinginvitedbeforeandwithoutinvitingtheapplicanttomakeapresentation,andwithoutanyoralannouncement(orinthiscase,withoutevenaprintedannouncementonthescreenbehindthedais)ofwhatcommentwasbeingsoughtabout,ortheapplicantbeinginvitedtorespondtothepublic’scomments.

Althoughnotasclosetothe73FreewayasItem3,this,again,doesnotappeartobepartofanycoherentvisiontocreateatrulyplannedcommunityinNewportPlace.

Item9. Central LibraryElevator ModernizationProject –AwardofContract No. 8939-1(24F02)Formonths,theBoardofLibraryTrusteeshasbeenseeingpatroncommentscomplainingaboutthemainpublicelevatorattheCentralLibrarybeingoutofserviceandaskingwhenitwillberepaired.AtthemeetingsIhaveattended,theyhavebeentoldtherepairworkneededaformalcontractandittakestimetocompleteduetoCityprotocols. 20 April23,2024,CityCouncilagendacomments-JimMosher Page3of5 ThisisthefirstI’veheardthatamoreextensiveCentralLibraryElevatorModernizationProjectwaspartoftheCity’sFacilitiesMaintenanceMasterPlan.

Apparentlythatexplainswhyemergencyrepairswerenotundertaken.

ButitraisesthebiggerquestionofwhatelsemightbeintheFacilitiesMaintenanceMasterPlan.ItisadocumentIhaveheardreferredto,butIdon’tknowwherethepublic(orCouncil)canseeacopyofit.Itisnot,forexample,postedwithothermasterplansunder“Long-TermFinancialPlanning”ontheCity’sFinancialInformationpage.Itis,ofcourse,mentionedintheCIPbudget,where$2.5millionseemstobedevotedtoiteachyear,butwhat,specifically,thatmoneyisexpectedtobespentonisnotclear.

Item11. PlanningCommissionAgendafor theApril 18, 2024Meeting Asindicatedintheagendareport,withtwocommissionersrecusingthemselvesoneach,thePlanningCommissionunanimouslyapprovedtwobusinessitems:approvinga444-unitapartmentprojectin“NewportAirportVillage”andrecommendingCouncilapprovalofamendmentstotheGeneralPlan,ZoningCodeandLocalCoastalProgramrelatedtoimplementingtheGeneralPlanHousingElement.

Theyarerelatedinthatthefirstunderscorestheflawedassumptionsofthesecond,whichissaidtobeneededfortheCitytomeetitsRegionalHousingNeedsAllocationforthecurrentplanningcycle.

However,accordingtostaff’sownassessmentinTableB-1oftheHousingElement,theCityhasenoughprojectsalreadyinthepipelinetomeetits1,409unitabovemoderateincomequota,soitsremainingobligationistoallowfor,atmost,2,048newunitsaffordabletoveryloworlowincomefamilies(withseparatequotasforeach)and659newunitsaffordabletomoderateincomefamilies,foratotalof2,707units.

Instead,therecommendationofthePlanningCommission,goingtotheAirportLandUseCommissionforreviewonMay16,istoprovideessentiallyapermanentblankchecktoallow8,174newunits,spreadoverfivefocusareas.Thereisnoguaranteeanyofthenewallocationwillbeusedtocreatedwellingsaffordabletotherequiredincomecategories.And,despitecleardirectionfromtheCouncilatitsFebruary13,2024,studysession(ItemSS5),noefforthasbeenmadetoincorporateanyprovisionterminatingeligibilityforentitlementoftheseunitswhenandifthecitywideRHNAquotashavebeenmet.

ThePlanningCommissionapprovedNewportAirportVillageprovidedjust37unitsaffordabletoverylowincomefamiliesoutof329baseunits.Evenatthatrate,inanyareawheretheCouncilapprovedPCtext requiredatleast10%affordable,entitlingthefull8,174unitsoftheImplementationPlanwouldproduceonly8,174x37/329=919unitsaffordabletoverylowincometenants.ThatwouldbeinsufficienttomeettheCity’s1,456unitobligationinthatincomecategoryandmakenoprogressatalltowardthelow-andmoderate-incomequotas.

Inotherwords,therecommendedimplementationisnotonlynotcarefullytailoredtoproducenomorethanthestaterequires,asthepublichadbeenledtobelieveitwould,butitappearsdestinedforfailuretomeettherequirementsatall. 21 April23,2024,CityCouncilagendacomments-JimMosher Page4of5 ItishardtoseewhytheelectoratewouldsupportaplanthatgivestheCouncillicensetoapproveagreatdealofhousingthatisnotrequired,whilefailingtoensurethatanyofwhatisrequiredwillbeproduced.

Item13. ResolutionNo. 2024-28: Appeal of PlanningCommission’sApproval of theOrangeCountySanitationDistrict’sBayBridgePumpStationandForceMainsReplacement Project at 250East CoastHighway(PA2023-0076)CongratulationstoMayorProTemStapletonforhiselevationtothepositionofMayorbytheOrangeCountySanitationDistrict’sattorneyonstaffreportpage12-116! IagreewiththeappellantthatforpeopletravelingalongPCH,theproposedstructuresseemvery,andunnecessarily,visuallyintrusive,bothastosizeandlocation.However,astheapplicantpointsout,theappellantsthemselvesseemtowishtoconstructafour-storyparkinggaragewrappingaroundthepumpstationproperty,sotheeffectisdifficulttovisualize.SeethelastpageofthePlannedCommunityNo.9text:

Regardlessoftheultimatebuildout,asIsuggestedtothePlanningCommission,theconstructionoflong,solid,blankwallsalongPCHalsoseemsunnecessary.Theyservenoobviouspurpose(itseemsunlikelythefacilityneedstobeprotectedfromtrafficnoise)andopenworkfencingwouldseemlessintrusive.

Therealsoseemstobealostopportunitytowidenandimprovethesidewalk,heavilyusedbypedestriansandcyclists,that frontsthefacility.Awidersidewalkseemsabetteruseoflandthanextensivelandscaping. 22 April23,2024,CityCouncilagendacomments-JimMosher Page5of5 Item14. OrdinanceNos. 2024-12and2024-13, andResolutionNo.2024-29: RevisingCertainFeesWithintheScheduleof Rents, FinesandFees, AuthorizingtheWaiver of VehicleTowFees, AdoptingaCredit CardConvenienceFee, andUpdatingtheMethodologyforAnnual Consumer PriceIndexCalculationsAsmanypubliccommentershavemadetheCouncilaware,itwilllikelyseeaproposalfromtheHarborCommissiontoincreasetherentchargedformooringstheCitypermitsonstatetidelands.ThatrentispartiallytocompensateforprivateoccupationofpublicpropertybutisalsousedtorecovertheCity’scostofadministeringthemooringprogram,forwhichnoseparatefeeischarged.Whiletheproperrenttochargeisdebatable,theadministrativecostsshouldbecertain.ItwouldseemtheCouncilwouldwanttoknowwhatthatcostis,whichwouldrequireafeestudy.

Regardingthecurrentproposal,itwouldhavebeenhelpfultoprovidearedlineofthechangesbeingmadetotheMunicipalCodebythetwoordinances.Asitis,readersseemtobeleftguessingwhatthemodificationsare.

AstothechangestoExhibitAtoSection3.36.030(thecostrecoverypercentagestable),asIpointedouttotheFinanceCommittee,muchinkisspentrepeatingthatonappeals,therecoveryis0%whenanappellantissuccessful,and50%whennot.Sincethisisstatedasageneralruleatthestartofthetable,thesubsequentrepetitionsseemunnecessary.

Astotheproposed2.85%creditcardservicefeetobephasedinstartingwithutilitybills,itisunclearwhenthiswillstart,orhowtheoutreachwillbeconducted.ManyCitycustomerssignedupforonlinebillpayunderstandingtherewouldbenoservicefee.

AstotheFiscalImpact(staffreportpage14-9),itmightbenotedthatthe$581,000ofadditionalrevenuesisoffsetbytheroughly$100,000ClearSourcechargesforconductingthefeestudies(seecontractapproval,Item12fromSeptember13,2022).

Amongitsservices,page14-3ofthestaffreportsaysClearSourcewastaskedwith“revampint”thepresentationoftheScheduleofRents,FinesandFeestoimproveeaseofuseandreference,asreflectedintheproposedresolution.Itisnotobvioustometheyhavesucceeded.

Item15. ResolutionNo. 2024-30: CommunityDevelopment BlockGrant –2024-2025Annual ActionPlanItwouldbehelpfultoidentifythepropertyorpropertiespurchasedwithCDBGfundsthatgeneratethe$305,774ofprogramincomeanticipatedtosupplementtheannualgrant.

Icouldhavemissedit,butIdon’tseethemlistedinthestaffreportAnnualActionPlan. 23 3-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 23, 2024
Agenda Item No. 3
ABSTRACT:

For the City Council’s consideration is t he second reading and adoption of Ordinance No. 2024 -8, approving an amendment for Newport Place Planned Community Development Plan, and Ordinance No. 2024-9, approving a development agreement for the Residences at 1400 Bristol Street (Project) located at 1400 Bristol Street, in the Airport Area. The Project is to demolish two existing office buildings and develop 229 apartment units, including a 422-space parking structure.

RECOMMENDATIONS:
a) Find Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration prepared for the Residences at 1400 Bristol Street Project (PA2022-0296) in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3, and adopted by the City Council on April 9, 2024, by Resolution No. 2024-22;
b) Conduct second reading and adopt Ordinance No. 2024-8, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Planned Community Development Plan Amendment for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296); and
c) Conduct second reading and adopt Ordinance No. 2024-9, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Residences at 1400 Bristol Street Project Located at 1400 Bristol Street (PA2022-0296).

DISCUSSION:

On April 9, 2024, the City Council conducted a noticed public hearing on the proposed Project. After taking public testimony, the City Council voted unanimously to take actions related to the California Environmental Quality Act and to approve the Project.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Liz Westmoreland, Senior Planner - 949-644-3234, [email protected]
TITLE: Ordinance No. 2024 -8: Approving Newport Place Planned Community Development Plan Amendment ; a nd Ordinance
No. 2024-9: Approving Development Agreement for the Residences at 1400 Bristol Street (PA2022-0296)
24 Newport Place Planned Community Development Plan Amendment and Development Agreement for the Residences at 1400 Bristol Street (PA2022-0296) April 23, 2024

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The City Council introduced and passed to a second reading Ordinance No. 2024 -8, amending the Newport Place Planned Community Development Plan , and Ordinance No. 2024-9, that approves a development agreement between the City of Newport Beach and The Picerne Group related to the Project development. If the ordinances are adopted, they will take effect 30 days after adoption.

FISCAL IMPACT:

A fiscal impact analysis has been prepared for the Project and included in the April 9, 2024 City Council Staff Report as Attachment J.

ENVIRONMENTAL REVIEW:

Addendum No. 7 to the 2006 General Plan Update Program Environmental Impact Report and 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration was prepared for the Residences at 1400 Bristol Street Project which included an analysis of the proposed planned community amendment and development agreement, in accordance with the implementing guidelines of CEQA, the State CEQA Guidelines, and the City Council Policy K -3. The City Council adopted Addendum No. 7 at the April 9, 2024 meeting by Resolution No. 2024-22.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Ordinance No. 2024-8
Attachment B – Ordinance No. 2024-9

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76 April 23, 2024, City Council Agenda Comments
The following comments on items on the Newport Beach City Councilagendaare submitted by:

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Regardingthesubstanceofthe presentactions,designatingthislocation aspartofthe residential portionoftheNewportPlacePlannedCommunityDevelopmentPlanseemsunwise, Received After Agenda Printed
April 23, 2024
Written Comments
77 April23,2024,CityCouncilagendacomments-JimMosher Page2of5 bothbecauseitisdirectlyundertheCity’srequestedflightpathforpiston-poweredaircraftdepartingJohnWayneAirport,andbecausethenoiseimpactonpotentialresidentsfromthe73Freeway(whichitislessthan200feetfrom)doesnotappeartohavebeenconsidered.Itdoesnotsoundlikeapleasantplaceforpeopletolive.

Althoughnotasclosetothe73FreewayasItem3,this,again,doesnotappeartobepartofanycoherentvisiontocreateatrulyplannedcommunityinNewportPlace.

Item9. Central LibraryElevator ModernizationProject –AwardofContract No. 8939-1(24F02)Formonths,theBoardofLibraryTrusteeshasbeenseeingpatroncommentscomplainingaboutthemainpublicelevatorattheCentralLibrarybeingoutofserviceandaskingwhenitwillberepaired.AtthemeetingsIhaveattended,theyhavebeentoldtherepairworkneededaformalcontractandittakestimetocompleteduetoCityprotocols. 78 April23,2024,CityCouncilagendacomments-JimMosher Page3of5 ThisisthefirstI’veheardthatamoreextensiveCentralLibraryElevatorModernizationProjectwaspartoftheCity’sFacilitiesMaintenanceMasterPlan.

Apparentlythatexplainswhyemergencyrepairswerenotundertaken.

Theyarerelatedinthatthefirstunderscorestheflawedassumptionsofthesecond,whichissaidtobeneededfortheCitytomeetitsRegionalHousingNeedsAllocationforthecurrentplanningcycle.

Inotherwords,therecommendedimplementationisnotonlynotcarefullytailoredtoproducenomorethanthestaterequires,asthepublichadbeenledtobelieveitwould,butitappearsdestinedforfailuretomeettherequirementsatall. 79 April23,2024,CityCouncilagendacomments-JimMosher Page4of5 ItishardtoseewhytheelectoratewouldsupportaplanthatgivestheCouncillicensetoapproveagreatdealofhousingthatisnotrequired,whilefailingtoensurethatanyofwhatisrequiredwillbeproduced.

Therealsoseemstobealostopportunitytowidenandimprovethesidewalk,heavilyusedbypedestriansandcyclists,that frontsthefacility.Awidersidewalkseemsabetteruseoflandthanextensivelandscaping. 80 April23,2024,CityCouncilagendacomments-JimMosher Page5of5 Item14. OrdinanceNos. 2024-12and2024-13, andResolutionNo.2024-29: RevisingCertainFeesWithintheScheduleof Rents, FinesandFees, AuthorizingtheWaiver of VehicleTowFees, AdoptingaCredit CardConvenienceFee, andUpdatingtheMethodologyforAnnual Consumer PriceIndexCalculationsAsmanypubliccommentershavemadetheCouncilaware,itwilllikelyseeaproposalfromtheHarborCommissiontoincreasetherentchargedformooringstheCitypermitsonstatetidelands.ThatrentispartiallytocompensateforprivateoccupationofpublicpropertybutisalsousedtorecovertheCity’scostofadministeringthemooringprogram,forwhichnoseparatefeeischarged.Whiletheproperrenttochargeisdebatable,theadministrativecostsshouldbecertain.ItwouldseemtheCouncilwouldwanttoknowwhatthatcostis,whichwouldrequireafeestudy.

Regardingthecurrentproposal,itwouldhavebeenhelpfultoprovidearedlineofthechangesbeingmadetotheMunicipalCodebythetwoordinances.Asitis,readersseemtobeleftguessingwhatthemodificationsare.

Icouldhavemissedit,butIdon’tseethemlistedinthestaffreportAnnualActionPlan. 81 4-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 23, 2024
Agenda Item No. 4
ABSTRACT:

For the City Council’s consideration is the second reading and adoption of Ordinance No. 2024 -10, approving an amendment for the Newport Place Planned Community Development Plan and Ordinance No. 2024-11, approving a development agreement for The Residences at 1401 Quail Street (Project) located at 1401 Quail Street, in the Airport Area. The Project i s to demolish an existing office building and develop 67 for -sale condominium units, including a 146-space parking structure.

RECOMMENDATIONS:
a) Find Addendum No. 8 to the 2006 General Plan Update Program Environmental Impact Report and 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration prepared for the Residences at 1401 Quail Street Project (PA2022-0040) in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3, and adopted by the City Council on April 9, 2024, by Resolution No. 2024-25;
b) Conduct second reading and adopt Ordinance No. 2024-10, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Planned Community Development Plan Amendment for the Residences at 140 1 Quail Street Located at 1401 Quail Street (PA2023-0040); and
c) Conduct second reading and adopt Ordinance No. 2024-11, An Ordinance of the City Council of the City of Newport Beach, California, Approving a Development Agreement for the Residences at 140 1 Quail Street Project Located at 140 1 Quail Street (PA2023-0040).

DISCUSSION:

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: David Lee, Senior Planner - 949-644-3225,
[email protected]
TITLE: Ordinance No. 2024 -10: Approving Newport Place Planned Community Development Plan Amendment; and Ordinance
No. 2024-11: Approving Development Agreement for the Residences at 1401 Quail Street (PA2023-0040)
82 Newport Place Planned Community Development Plan Amendment and Development Agreement for the Residences at 1401 Quail Street (PA2023-0040) April 23, 2024

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The City Council introduced and passed to a second reading Ordinance No. 2024 -10, amending the Newport Place Planned Community Development Plan , and Ordinance No. 2024-11, that approves a development agreement between the City of Newport Beach and Intracorp Socal-1, LLC related to project development . If the ordinances are adopted, they will take effect 30 days after adoption.

FISCAL IMPACT:

A fiscal impact analysis has been prepared for the Project and is included in the April 9, 2024 City Council Staff Report as Attachment J.

ENVIRONMENTAL REVIEW:

Addendum No. 8 to the 2006 General Plan Update Program Environmental Impact Report and 2008-2014 City of Newport Beach Housing Element Update Initial Study/Negative Declaration was prepared for the Residences at 1401 Quail Street Project which included an analysis of the proposed planned community amendment and development agreement, in accordance with the implementing guidelines of CEQA, the State CEQA Guidelines, and the City Council Policy K -3. The City Council adopted Addendum No. 8 at the April 9, 2024 meeting by Resolution No. 2024-25.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Ordinance No. 2024-10
Attachment B – Ordinance No. 2024-11

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April 23, 2024, City Council Agenda Comments
The following comments on items on the Newport Beach City Councilagendaare submitted by:

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Regardingthesubstanceofthe presentactions,designatingthislocation aspartofthe residential portionoftheNewportPlacePlannedCommunityDevelopmentPlanseemsunwise, Received After Agenda Printed
April 23, 2024
Written Comments
133
April23,2024,CityCouncilagendacomments-JimMosher Page2of5 bothbecauseitisdirectlyundertheCity’srequestedflightpathforpiston-poweredaircraftdepartingJohnWayneAirport,andbecausethenoiseimpactonpotentialresidentsfromthe73Freeway(whichitislessthan200feetfrom)doesnotappeartohavebeenconsidered.Itdoesnotsoundlikeapleasantplaceforpeopletolive.

Althoughnotasclosetothe73FreewayasItem3,this,again,doesnotappeartobepartofanycoherentvisiontocreateatrulyplannedcommunityinNewportPlace.

Item9. Central LibraryElevator ModernizationProject –AwardofContract No. 8939-1(24F02)Formonths,theBoardofLibraryTrusteeshasbeenseeingpatroncommentscomplainingaboutthemainpublicelevatorattheCentralLibrarybeingoutofserviceandaskingwhenitwillberepaired.AtthemeetingsIhaveattended,theyhavebeentoldtherepairworkneededaformalcontractandittakestimetocompleteduetoCityprotocols. 134
April23,2024,CityCouncilagendacomments-JimMosher Page3of5 ThisisthefirstI’veheardthatamoreextensiveCentralLibraryElevatorModernizationProjectwaspartoftheCity’sFacilitiesMaintenanceMasterPlan.

Apparentlythatexplainswhyemergencyrepairswerenotundertaken.

Theyarerelatedinthatthefirstunderscorestheflawedassumptionsofthesecond,whichissaidtobeneededfortheCitytomeetitsRegionalHousingNeedsAllocationforthecurrentplanningcycle.

Inotherwords,therecommendedimplementationisnotonlynotcarefullytailoredtoproducenomorethanthestaterequires,asthepublichadbeenledtobelieveitwould,butitappearsdestinedforfailuretomeettherequirementsatall. 135
April23,2024,CityCouncilagendacomments-JimMosher Page4of5 ItishardtoseewhytheelectoratewouldsupportaplanthatgivestheCouncillicensetoapproveagreatdealofhousingthatisnotrequired,whilefailingtoensurethatanyofwhatisrequiredwillbeproduced.

Therealsoseemstobealostopportunitytowidenandimprovethesidewalk,heavilyusedbypedestriansandcyclists,that frontsthefacility.Awidersidewalkseemsabetteruseoflandthanextensivelandscaping. 136
April23,2024,CityCouncilagendacomments-JimMosher Page5of5 Item14. OrdinanceNos. 2024-12and2024-13, andResolutionNo.2024-29: RevisingCertainFeesWithintheScheduleof Rents, FinesandFees, AuthorizingtheWaiver of VehicleTowFees, AdoptingaCredit CardConvenienceFee, andUpdatingtheMethodologyforAnnual Consumer PriceIndexCalculationsAsmanypubliccommentershavemadetheCouncilaware,itwilllikelyseeaproposalfromtheHarborCommissiontoincreasetherentchargedformooringstheCitypermitsonstatetidelands.ThatrentispartiallytocompensateforprivateoccupationofpublicpropertybutisalsousedtorecovertheCity’scostofadministeringthemooringprogram,forwhichnoseparatefeeischarged.Whiletheproperrenttochargeisdebatable,theadministrativecostsshouldbecertain.ItwouldseemtheCouncilwouldwanttoknowwhatthatcostis,whichwouldrequireafeestudy.

Regardingthecurrentproposal,itwouldhavebeenhelpfultoprovidearedlineofthechangesbeingmadetotheMunicipalCodebythetwoordinances.Asitis,readersseemtobeleftguessingwhatthemodificationsare.

Icouldhavemissedit,butIdon’tseethemlistedinthestaffreportAnnualActionPlan. 137

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City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 23, 2024
Agenda Item No. 5

ABSTRACT:

On October 11, 2022, the City Council awarded Contract No. 7966-1 for the West Irvine Terrace and Balboa Island Water Main Replacement project to T.E. Roberts, Inc. of Irvine.

The project replaced older, deteriorated water mains located in the West Irvine Terrace and Balboa Island communities as identified in the City of Newport Beach Water Master Plan. The work is now complete and staff requests City Council acceptance and close out of the contract.

RECOMMENDATIONS:
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.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract
Amount
Final Total Contract
Amount
Total Contract
Change Amount
Percent Contract
Cost Change
$4,222,889.00 $4,598,814.23 $375,925.23 8.9%
Allowed Contract Time + Approved
Extensions (Days) = 200 Actual Time Used (Days) 200
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Michael J. Sinacori, Assistant City Engineer - 949-644-3342 [email protected]
TITLE: West Irvine Terrace and Balboa Island Water Main Replacement (Project Nos. 23W13 & 23W11) – Notice of Completion for Contract No. 7966-1
138
West Irvine Terrace and Balboa Island Water Main Replacement – Notice of Completion for Contract No. 7966-1
April 23, 2024

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The West Irvine Terrace and Balboa Island Water Main Replacement Project (Contract No. 7966 -1) replaced older, deteriorated cast-iron and asbestos cement water mains , installed between 1936 to 1953 , that had outlived their design life and were due to be replaced. The City’s Water Master Plan identified these water main replacements in the West Irvine Terrace community . Additionally, staff accelerated design of water main replacements for portions of Balboa Island and included it with the Irvine Terrace work in order to complete these critical water system improvements before the anticipated utility underground construction of As sessment District 124. The project also included water main replacements on Little Balboa Island for existing cast-iron water mains that were experiencing main breaks and reduced capacity due to identified corrosion.

During construction, staff was informed that the existing cast iron water mains located on Balboa Island along the North Bay Front alleys between Onyx Avenue and the Grand Canal were in conflict with the undergrounding of utilities (AD -124 – Phase 0). For that reason, this area’s water main rep lacement was added to the project and the proposed water main replacements for Little Balboa Island were deleted . The Little Balboa mains were repackaged and bid with the Balboa Island Water Main Replacement Phase 3 project, which is now currently in construction.

Although there were minimal issues, some of the challenges during construction were related to shortage of materials and material price increases for water service fittings, exporting and importing backfill material due to unsuitable soils in the West Irvine Terrace community, additional paving and interfering existing utilities.

The contracted work has now been completed to the satisfaction of the Public Works Department. A summary of the construction cost is as follows:

Original bid amount: $4,222,889.00
Actual Cost of Bid Items Constructed: $3,645,050.00
Total Change Orders: $953,764.23
Final Contract Cost: $4,598,814.23
Six change orders totaling $953,764.23 in increased contract cost were approved as part of the project and $577,839 of work (Little Balboa Island water lines) was removed from the original contract. The change orders addressed costs for the abovementioned work including costs for a 2-inch air/vac assembly, drainage work at the Newport Yacht Club, valve improvements at the Bayside Drive water regulating station , and costs related to nighttime work on Marine Avenue, which included ferry operations assistance during the bridge closure.

A summary of the project schedule is as follows:

Estimated Start of Construction per Annual Baseline Schedule January 16, 2023 Actual Start of Construction Per Notice to Proceed January 30, 2023 Extended Contract Completion Date Inclusive of Extra Work January 24, 2024 Actual Substantial Construction Completion Date January 24, 2024 139
West Irvine Terrace and Balboa Island Water Main Replacement – Notice of Completion for Contract No. 7966-1
April 23, 2024

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In order to minimize traffic impacts and water service disruptions to residents and the business district, water main replacement work for the North Bay Front alleys along Marine Avenue was postponed until after the Christmas holidays, delaying the close-out of this contract. The project was substantially completed to the satisfaction of the Public Works Department by January 24, 2024.

FISCAL IMPACT:

Funds for this construction contract , including change orders, were expended from the following accounts within the Water Utility Enterprise Fund:

ENVIRONMENTAL REVIEW:

On October 11, 202 2, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302 (c) (reconstruction of existing public facilities involving negligible or no expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Map
Account Description Account Number Amount
Water Capital Distribution & Piping
Water Capital NMP
Water Capital Distribution & Piping

70201931-980000-23W13
70201932-980000-23W05
70201931-980000-23W11
Total:
$4,033,375.07
$288,864.16
$276,575.00
$4,598,814.23

140
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141

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City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 23, 2024
Agenda Item No. 6

ABSTRACT:

On November 14, 2023, the City Council awarded Contract No. 9379-1 for the Street Pavement Repair Program Fiscal Years 2022-23 and 2023-24 project to Hardy & Harper, Inc. of Lake Forest. The project removed and replaced deteriorated asphalt pavement at various locations in the Irvine Terrace, Corona del Mar, Shore cliffs, Dover Shores, Mariners and Bay Knolls communities. The work is now complete and staff requests City Council acceptance and close out of the contract.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract
Amount
Final Total Contract
Amount
Total Contract
Change Amount
Percent Contract
Cost Change
$1,652,000.00 $1,816,452.74 $164,452.74 10%
Allowed Contract Time + Approved
Extensions (Days) = 80 Actual Time Used (Days) 27
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Andy Tran, Senior Civil Engineer - 949-644-3315, [email protected]
TITLE: Street Pavement Repair Program (Fiscal Years 2022 -23 and 2023- 24) (Project No. 24R03) – Notice of Completion for Contract No. 9379-1
142
Street Pavement Repair Program (Fiscal Years 2022-23 and 2023-24) – Notice of Completion for Contract No. 9379-1
April 23, 2024

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This project included removing and replacing areas of deteriorated asphalt pavement at various locations in the following communities: Irvine Terrace, Corona del Mar, Shorecliffs, Dover Shores, Mariners and Bay Knolls. These improvements were needed to prepare for the annual slurry seal program, which is in the same communities.

The contracted work has been completed to the satisfaction o f the Public Works Department. A summary of the construction cost is as follows:

Original Bid Amount: $ 1,652,000.00
Actual Cost of Bid Items Constructed: $ 1,530,199.36
Total Change Orders: $ 286,253.38
Final Contract Cost: $ 1,816,452.74

The final total contract amount was $1,816,452.74, which was approximately 10% higher than the original bid amount. This cost increase was primarily due to additional pavement restoration efforts at the Newport Pier parking lot, and along Highland Drive and Galaxy Drive as directed by City staff. The additional pavement restoration was necessary due to this year’s winter rains and further deterioration.

A summary of the project schedule milestones is as follows:

The contractor was able to finish ahead of schedule b y completing many of the small er asphalt pavement restorations simultaneously and efficiently.

FISCAL IMPACT:

The Street Pavement Repair Program was included in the FY 2023-24 Capital Improvement Program (CIP) Budget. Funds for the construction contract were expended from the following accounts:

Account Description Account Number Amount
Gas Tax Fund 12101-980000-23R03 $ 965,965.36
Gas Tax Fund 12101-980000-24R03 $ 750,000.00
Neighborhood Enhancement Fund 53601-980000-21R03 $ 10,715.00 General Fund 01201927-980000-22R03 $ 15,283.16
General Fund 01201927-980000-24R03 $ 36,989.22
Wastewater Enterprise Fund 71101-980000-23R09 $ 16,800.00 Water Capital Fund 70201-980000-23R09 $ 20,700.00
Total: $ 1,816,452.74

Estimated Start of Construction per Annual Baseline Schedule November 23, 2023 Actual Start of Construction Per Notice to Proceed January 2, 2024 Extended Contract Completion Date Inclusive of Extra Work May 3, 2024 Actual Substantial Construction Completion Date February 16, 2024 143
Street Pavement Repair Program (Fiscal Years 2022-23 and 2023-24) – Notice of Completion for Contract No. 9379-1
April 23, 2024

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Gas Tax r evenue is received through State-imposed taxes on fuel and motor vehicle registration dedicated to transportation purposes. The Neighborhood Enhancement Fund is used for projects that enhance neighborhood aesthetics and functionality and is funded via surplus general funds. The Water Capital Fund generates revenue primarily through water rates collected by service users. The Wastewater Enterprise Fund generates revenue primarily through wastewater rates collected by service users.

ENVIRONMENTAL REVIEW:

On November 14, 2023 , the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Map

144

CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-9379-1 4/23/2024
10412
11279
11280
11303
1146211488
11461
1521215213
11057
1115511250
11156
11187
11188
11239
11170
11164
11168
20129
11098
20159
11208
11255
11158
11265
11123
11306
11429
11162
11259
11127
11442
20005
20081
MBB17
13018
14210
14001
MSJ04
30129
1830618312
17326
19025
19032
19036
20300

VICINITY MAP

LOCATION MAP

ATTACHMENT A
(FY 2022-23 AND FY 2023-24)

STREET PAVEMENT

REPAIR PROGRAM
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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 23, 2024
Agenda Item No. 7

ABSTRACT:

On September 26, 2023, the City Council awarded Contract No. 9378-1 for the Concrete Replacement Program Fiscal Year 2023 -24 project to Grigolla & Sons Construction Company, Inc . of San Dimas . The project replaced deteriorated concrete sidewalks, driveways, curbs and gutters , and a ccess ramps in the Mariners and Dover Shores neighborhoods. The work is now complete and staff requests City Council acceptance and close out of the contract.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract
Amount
Final Total Contract
Amount
Total Contract
Change Amount
Percent Contract
Cost Change
$989,250 $1,189,244 $199,994 20.2%
Allowed Contract Time + Approved
Extensions (Days) = 85 Actual Time Used (Days) 73
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Andy Tran, Senior Civil Engineer - 949-644-3315, [email protected]
TITLE: Concrete Replacement Program FY 2023 -24 (Project No. 24R06) – Notice of Completion for Contract No. 9378-1
146
Concrete Replacement Program FY 2023-24 (Project No. 24R06) – Notice of Completion for Contract No. 9378-1 April 23, 2024

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This project included replacing deteriorated concrete sidewalk s, driveways, curbs and gutters, and access ramps in the Mariners and Drover Shores neighborhoods. Final concrete pavement restoration work related to the Balboa Boulevard Utility Undergrounding project (UUD-22 Phase 2) was included with this contract.

The work has been completed to the satisfaction of the Public Works Department.

A summary of the construction cost is as follows:

Original Bid Amount: $ 989,250
Actual Cost of Bid Items Constructed: $ 939,850
Total Change Orders: $ 249,394
Final Contract Cost: $ 1,189,244

The final total contract amount was $1,189,244, which was approximately 20.2% higher than the original bid amount. This cost increase was primarily due to additional concrete work needed on the Balboa Boulevard Utility Undergrounding project, which was paid for by the utility companies involved . Staff also added some concrete replacement work to improve the condition of the public walkways within the Mariners and Dover Shores neighborhoods.

A summary of the project schedule milestones is as follows:

The contractor was able to complete all the proposed improvements, including the change order work, ahead of schedule despite multiple rain events throughout winter and spring.

FISCAL IMPACT:

The Concrete Replacement Program FY 2023 -24 was included within the FY 2023-24 Capital Improvement Program Budget. Funds for the construction contract were expended from the following accounts:

Account Description Account Number Amount
General Fund 01201927-980000-24R06 $ 1,045,551
General Fund 01201927-980000-23R06 $ 8,244
Utilities Contribution Fund 13501-980000-21A11 $ 124,199 Water Capital Fund 70201-980000-24R09 $ 11,250
Total: $ 1,189,244
The Water Capital Fund is generated from water rate charges and was used to replace water valve boxes and meter boxes for the Balboa Boulevard Utility Undergrounding work.

Estimated Start of Construction per Annual Baseline Schedule October 16, 2023 Actual Start of Construction Per Notice to Proceed November 13, 2023 Extended Contract Completion Date Inclusive of Extra Work April 16, 2024 Actual Substantial Construction Completion Date March 29, 2024 147
Concrete Replacement Program FY 2023-24 (Project No. 24R06) – Notice of Completion for Contract No. 9378-1 April 23, 2024

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7-3

ENVIRONMENTAL REVIEW:

On September 26, 2023, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been not iced according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Map

148

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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 23, 2024
Agenda Item No. 8

ABSTRACT:

On January 24, 2023, the City Council awarded Contract No. 8760-1 for the Newport Beach Mariners Library, Corona del Mar Lifeguard Substation, and the Ben Carlson Lifeguard Headquarters Heating, Ventilation, and Air Conditioning (HVAC) Replacement Project to Western Allied Corporation of Santa Fe Springs. The total contract award was $427,497 plus a $43,000 allowance for contingencies. The required work is complete and staff requests the City Council accept the completed work and close out of the contract.

RECOMMENDATIONS:

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 relea se 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.

DISCUSSION:

Overall Contract Cost/Time Summary
Awarded Contract
Amount
Final Total Contract
Amount
Total Contract
Change Amount
Percent Contract
Cost Change
$427,497.00 $468,429.21 $40,932.21 9.6%
Allowed Contract Time + Approved
Extensions (Days) = 81 Actual Time Used (Days) 81
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321, [email protected]
TITLE: Newport Beach Mariners Library, Corona del Mar Lifeguard Substation, and Ben Carlson Lifeguard Headquarters Heating, Ventilation, and Air Conditioning R eplacement Project – Notice of Completion for Contract No. 8760-1 (22F02)
149
Newport Beach Mariners Library, Corona del Mar Lifeguard Substation, and Ben Carlson Lifeguard Headquarters Heating, Ventilation, and Air Conditioning Replacement Project – Notice of Completion for Contract No. 8760-1 April 23, 2024

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The Mariners Library, Corona del Mar Lifeguard Substation, and the Ben Carlson Lifeguard Headquarters HVAC Replacement Project included replacing the existing evaporative condenser and all four pumps, and upgrading the building automation system at Mariners Branch Library; installing an outdoor heat pump unit, installing three fan coil systems, replacing and relocating the kitchen exhaust fan at the Corona del Mar Lifeguard Substation; and installing two heating and cooling unit s at the Ben Carlson Lifeguard Headquarters at Newport Pier. Contract No. 8760-1, for the subject project, has now been completed to the satisfaction of the Public Works Department. A summary of the contract construction costs are as follows:

Original bid amount: $427,497.00
Actual Cost of Bid Items Constructed: $427,497.00
Total Change Orders: $ 40,932.21
Final contract cost: $468,429.21

There were five change orders totaling $40,932.21. This amounted to 9.6% of the original contract amount and was within the contingency allowance. The change orders covered the unforeseen deteriorated condition of HVAC parts, replacement of aged piping insulation, and modification to the existing roof reinforcement to accommodate the proposed condensing unit and exhaust fan at the Corona del Mar Lifeguard Substation and at the Mariners Library. The bulk of the change order , in the amount of $27,805.21, was for the replacement of another existing HVAC unit, not included in the original scope of work, at the Ben Carlson Lifeguard Headquarters after it failed during the construction period.

A summary of the project schedule milestones is as follows:

The HVAC industry continues to experience a prolonged procurement period due to the State of California mandate d transition to more energy efficient systems. The contract completion date was adjusted to provide sufficient time to procure the correct parts and material for each location.

FISCAL IIMPACT:

Funds for the construction contract were expensed from the Facilities Maintenance Master Plan Program (FMMP) in the following accounts:

Account Description Account Number Amount
FMMP 57101-980000-22F02 $ 468,429.21
The FMMP is funded through the General Fund.

Estimated Completion Date Per Baseline Schedule November 15, 2023 Actual Start of Construction Per Notice to Proceed April 3, 2023 Contract Completion Date With Approved Extensions December 1, 2023 Actual Substantial Construction Completion Date April 4, 2024 150
Newport Beach Mariners Library, Corona del Mar Lifeguard Substation, and Ben Carlson Lifeguard Headquarters Heating, Ventilation, and Air Conditioning Replacement Project – Notice of Completion for Contract No. 8760-1 April 23, 2024

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ENVIRONMENTAL REVIEW:

On January 24, 2023, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1 Section 15301(d) (maintenance of existing public facilities and mechanical equipment involving no expansion of existing use) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Maps

151
IRVINE
DOVER

MARINERS
DRIVE
DRIVE
AVENUE
I:\Users\PBW\Shared\Contracts\FY22-23 CURRENT\100-FACILITIES\FMMP\CDM Lfgrd-Mariners Lib HVAC Imprv C-8760-1_22F02\COUNCIL MEMOS\LOCATION MAPv1.dwg 01/04/23 - 10:21am kaube

LIMITS OF WORK

MARINERS LIBRARYCITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-8760-14/23/24 LOCATION MAP22F02

ATTACHMENT A
8-4
152

HELIOTROPE AVENUE
OCEAN

IRIS AVENUEBLVD

JASMINE AVENUE
I:\Users\PBW\Shared\Contracts\FY22-23 CURRENT\100-FACILITIES\FMMP\CDM Lfgrd-Mariners Lib HVAC Imprv C-8760-1_22F02\COUNCIL MEMOS\LOCATION MAPv1.dwg 01/04/23 - 9:00am kaube

LIMITS OF WORK

CORONA DEL MAR LIFEGUARD HQCITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-8760-14/23/24 LOCATION MAP22F02

ATTACHMENT A

PACIFIC
OCEAN

BAYVIEW

CORONA DEL MARSTATE BEACH

BREAKERS
DRIVE
8-5
153

W OCEANFRONT
20TH STREET
23RD STREET

NEWPORT PIER

W BALBOA BLVD
22ND STREET

OCEANFRONT
W

W BALBOA BLVD
21ST STREET
I:\Users\PBW\Shared\Contracts\FY22-23 CURRENT\100-FACILITIES\FMMP\CDM Lfgrd-Mariners Lib HVAC Imprv C-8760-1_22F02\COUNCIL MEMOS\LOCATION MAPv1.dwg 01/05/23 - 12:25pm kaube

LIMITS OF WORK

NEWPORT BEACH LIFEGUARD HQCITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-8760-14/23/24 LOCATION MAP22F02

ATTACHMENT A

PACIFIC
OCEAN
8-6
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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 23, 2024
Agenda Item No. 9

ABSTRACT:

The City of Newport Beach received construction bids for the Central Library Elevator Modernization project and staff is seeking City Council approval to award the construction contract to Armstrong Cal Builders, Inc. of Irvine. The project includes new elevator cab interiors, updating power to the elevators to meet the latest building and fire code requirements, installing new fire alarm devices, installing a new fire alarm control panel, and modernizing the two Central Library elevators to meet current code requirements.

RECOMMENDATIONS:

a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301( d), Class 1 ( restoration or rehabilitation of deteriorated facilities involving negligible or no expansion of existing use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications;
c) Award Contract No . 8939-1 to Armstrong Cal Builders, Inc. for the total bid price of $1,023,500 for the Central Library Elevator Modernization project , and authorize the Mayor and City Clerk to execute the contract; and
d) Establish a contingency of $155,000 (approximately 15% of total bid) to cover the cost of unforeseen work not included in the original contract.

DISCUSSION:

As part of the annual Facilities Maintenance Master Plan (FMMP) program, staff identified the need for both the Central Library elevators to be modernized to meet the latest building and fire codes. Both elevators are original to the building, which was built in the early 1990s, and are nearing 35 years of age.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311, [email protected]
PREPARED BY: Tom Sandefur, Assistant City Engineer - 949-644-3321, [email protected]
TITLE: Central Library Elevator Modernization Project – Award of Contract No. 8939-1 (24F02)
155
Central Library Elevator Modernization Project – Award of Contract No. 8939-1 (24F02) April 23, 2024

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The elevators and their associated equipment are at the end of their expected service life.

Additionally, the relevant codes have changed in relation to the fire safety and power requirements for elevators. This project will bring the elevators into compliance with the latest codes, add additional fire alarm devices, install a new fire alarm control panel to replace an outdated model that is no longer being supported by the servicer, and replace the elevator interiors to improve aesthetics and meet updated Americans with Disabilities Act requirements.

At 2 p.m. on March 14, 2024, the City Clerk opened and read the following bids for this project:

BIDDER

TOTAL BID AMOUNT

Low

Armstrong Cal Builders, Inc.

$1,023,500.00

2nd

Norse Corp.

$1,114,058.00

The City received two bids for this project. The low bidder, Armstrong Cal Builders Inc., submitted a bid that is 36% higher than the engineer’s estimate of $750,000. A review of the bids showed the bid pricing to be consistent for the two bids received, but considerably higher than the estimate. Staff believes that the size and complexity of the project combined with a limited number of qualified contractors contributed to the higher bid pricing. A mandatory pre-bid job walk was held at the Central Library to familiarize the contractors with the scope of work. Seven prospective bidders attended the pre -bid job walk.

Armstrong Cal Builders, Inc. and their subcontractors possess the appropriate California State Contractor’s Licenses for the work. Reference checks conducted by staff indicate that Armstrong Cal Builders , Inc. has satisfactorily completed similar projects for other local agencies.

Pursuant to the contract specifications, the contractor will have 180 consecutive working days to complete the work. Work is scheduled to start in summer 2024.

The project plans and specifications will be available for review at the April 23, 2024 City Council meeting or upon request.

FISCAL IMPACT:

The adopted budget includes sufficient funding for this contract. It will be expensed to the FMMP (General Funds) account in the Public Works Department, 57101-980000-24F02.

The following funds will be expended:

Account Description Account Number Amount
Facilities Maintenance Master Plan 57101-980000-24F02 $ 1,179,500

156
Central Library Elevator Modernization Project – Award of Contract No. 8939-1 (24F02) April 23, 2024

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Proposed fund uses are as follows:

Vendor Purpose Amount
Armstrong Cal Builders Inc. Construction Contract $ 1,023,500 Armstrong Cal Builders Inc. Construction Contingency $ 155,000 Various Printing & Incidentals $ 1,000
Total: $ 1,179,500

Staff recommends including $155,000 (approximately 15% of total bid) for contingency purposes and unforeseen conditions associated with construction.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(d), Class 1 (restoration or rehabilitation of deteriorated facilities involving negligible or no expansion of 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.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Location Map
157

AVOCADO AVENUE

MACARTHUR BLVD

SAN MIGUEL DRIVE

EAST COAST HIGHWAY
I:\Users\PBW\Shared\Contracts\FY23-24 CURRENT\100_FACILITIES\FMMP\Cent Libr Elevator Mdrniztn C-8939-1_23F02\COUNCIL MEMOS\Attachment A - Map Location.dwg 04/04/24 - 11:04am kaube

CENTRAL LIBRARY ELEVATOR MODERNIZATION CITY OF NEWPORT BEACH

PUBLIC WORKS DEPARTMENT
C-8939-1 04/23/2423F02

ATTACHMENT A

LOCATION MAP

PROJECT

LOCATION
9-4
158
April 23, 2024, City Council Agenda Comments
The following comments on items on the Newport Beach City Councilagendaare submitted by:

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Regardingthesubstanceofthe presentactions,designatingthislocation aspartofthe residential portionoftheNewportPlacePlannedCommunityDevelopmentPlanseemsunwise, Received After Agenda Printed
April 23, 2024
Written Comments
159
April23,2024,CityCouncilagendacomments-JimMosher Page2of5 bothbecauseitisdirectlyundertheCity’srequestedflightpathforpiston-poweredaircraftdepartingJohnWayneAirport,andbecausethenoiseimpactonpotentialresidentsfromthe73Freeway(whichitislessthan200feetfrom)doesnotappeartohavebeenconsidered.Itdoesnotsoundlikeapleasantplaceforpeopletolive.

Althoughnotasclosetothe73FreewayasItem3,this,again,doesnotappeartobepartofanycoherentvisiontocreateatrulyplannedcommunityinNewportPlace.

Item9. Central LibraryElevator ModernizationProject –AwardofContract No. 8939-1(24F02)Formonths,theBoardofLibraryTrusteeshasbeenseeingpatroncommentscomplainingaboutthemainpublicelevatorattheCentralLibrarybeingoutofserviceandaskingwhenitwillberepaired.AtthemeetingsIhaveattended,theyhavebeentoldtherepairworkneededaformalcontractandittakestimetocompleteduetoCityprotocols. 160
April23,2024,CityCouncilagendacomments-JimMosher Page3of5 ThisisthefirstI’veheardthatamoreextensiveCentralLibraryElevatorModernizationProjectwaspartoftheCity’sFacilitiesMaintenanceMasterPlan.

Apparentlythatexplainswhyemergencyrepairswerenotundertaken.

Theyarerelatedinthatthefirstunderscorestheflawedassumptionsofthesecond,whichissaidtobeneededfortheCitytomeetitsRegionalHousingNeedsAllocationforthecurrentplanningcycle.

Inotherwords,therecommendedimplementationisnotonlynotcarefullytailoredtoproducenomorethanthestaterequires,asthepublichadbeenledtobelieveitwould,butitappearsdestinedforfailuretomeettherequirementsatall. 161
April23,2024,CityCouncilagendacomments-JimMosher Page4of5 ItishardtoseewhytheelectoratewouldsupportaplanthatgivestheCouncillicensetoapproveagreatdealofhousingthatisnotrequired,whilefailingtoensurethatanyofwhatisrequiredwillbeproduced.

Therealsoseemstobealostopportunitytowidenandimprovethesidewalk,heavilyusedbypedestriansandcyclists,that frontsthefacility.Awidersidewalkseemsabetteruseoflandthanextensivelandscaping. 162
April23,2024,CityCouncilagendacomments-JimMosher Page5of5 Item14. OrdinanceNos. 2024-12and2024-13, andResolutionNo.2024-29: RevisingCertainFeesWithintheScheduleof Rents, FinesandFees, AuthorizingtheWaiver of VehicleTowFees, AdoptingaCredit CardConvenienceFee, andUpdatingtheMethodologyforAnnual Consumer PriceIndexCalculationsAsmanypubliccommentershavemadetheCouncilaware,itwilllikelyseeaproposalfromtheHarborCommissiontoincreasetherentchargedformooringstheCitypermitsonstatetidelands.ThatrentispartiallytocompensateforprivateoccupationofpublicpropertybutisalsousedtorecovertheCity’scostofadministeringthemooringprogram,forwhichnoseparatefeeischarged.Whiletheproperrenttochargeisdebatable,theadministrativecostsshouldbecertain.ItwouldseemtheCouncilwouldwanttoknowwhatthatcostis,whichwouldrequireafeestudy.

Regardingthecurrentproposal,itwouldhavebeenhelpfultoprovidearedlineofthechangesbeingmadetotheMunicipalCodebythetwoordinances.Asitis,readersseemtobeleftguessingwhatthemodificationsare.

Icouldhavemissedit,butIdon’tseethemlistedinthestaffreportAnnualActionPlan. 163

10-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 23, 2024
Agenda Item No. 10
ABSTRACT:

The Utilities Department manages the maintenance and operation of the City of Newport Beach’s storm drain system, which encompasses pipelines, catch basins, trash capture devices, v-ditches, and tide gate valves. The system is regularly maintained through a combination of City staff and contract services. The agreement with the City’s current cleaning contractor is set to expire . Staff conducted a request for bids procurement and recommends City Council approval of a multiyear agreement with Ocean B lue Environmental Services, Inc., to provide storm drain system cleaning services.

RECOMMENDATIONS:
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 Guidel ines because this action will not result in a physical change to the environment, directly or indirectly; and
b) Approve the Maintenance/Repair Services Agreement for Citywide storm drain system cleaning services for a three -year contract term with an opti on for two additional years, and a total not-to-exceed amount of $2,585,000 over five years, and authorize the Mayor and City Clerk to execute the agreement.

DISCUSSION:

The Utilities Department manages the City’s storm drain system utilizing a blend of in-house staff and contract resources. Regular inspections, cleaning and repairs are key components of the system ’s operation, and are necessary to maintain flood protection.

The cleaning process is also a part of the City’s efforts to improve water qualit y in the harbor and ocean.

The storm drain system includes approximately 100 miles of pipelines, over 3,000 catch basins, 100 specialty structures, 26 in-pipe storm drain trash capture devices (known as continuous deflection separation units ), almost 30,000 linear feet of v -ditches, and approximately 400 connector pipe screens, the latest technology for capturing trash in catch basins. The bulk of the cleaning need lies within the catch basins.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Vukojevic, Utilities Director - 949-644-3011, [email protected]
PREPARED BY: Joshua Rosenbaum, Senior Management Analyst - 949-644-3057 [email protected]
TITLE: Approval of a Maintenance Services Agreement for Storm Drain System Cleaning Services with Ocean Blue Environmental Services, Inc.
164
Approval of a Maintenance Services Agreement for Storm Drain System Cleaning Services with Ocean Blue Environmental Services, Inc.

April 23, 2024

Page 2 ends

10-2

The department utilizes a contractor to perform these services annually, primarily during late summer and fall , before the onset of the rainy season. Additionally, the contractor cleans the trash capture devices, storm drain structures and v -ditches on an as-needed basis. The connector pipe screens are cleaned on a quarterly basis.

The service agreement with the City’s current contractor is nearing its expiration. T he Utilities and Finance Departments issued a Request for Bid (RFB) to solicit proposals for this service through the City’s electronic bidding portal. The City received three proposals for these services. The low bidder, Ocean Blue Environmental Services, possesses a California State Contractor’s License Certification “A” General Engineering, and meets all minimum qualifications in the specifications.

Ranking BIDDER BASE BID AMOUNT
Low Ocean Blue Environmental Services $323,570.52
2nd United Storm Water $387,441.50
3rd Downstream Services, Inc. $644,006.00
The base bid amount was used for comparison purposes only in the RFB process. Using historical maintenance figures and known upcoming projects, the annual cost with the low bidding vendor will be $486,000 for the Utilities Department and $25,000 for Public Works.

On an annual basis, this new contract is approximately $85,000 higher than the previous contract.

Utilities and Public Works staff members met with Ocean Blue to discuss the expectations and responsibilities under the agreement. Based on these dis cussions and the contractor’s bid proposal, Utilities staff believes that Ocean Blue’s work plan and approach, including staffing and equipment, show an understanding of what is required to successfully perform the scope of services in the agreement. A review of references for Ocean Blue shows satisfactory provisi on of similar services for other local municipalities in Orange County and throughout Southern California. Lastly, Ocean Blue’s services comply with the State Resources Water Control Board and Federal Clean Water Act.

The Utilities Department recommends approval of a contract with Ocean Blue Environmental Services, Inc., for an initial three-year contract term with an option for two additional years and a total, not-to-exceed contract amount of $2 ,585,000. Utilities Department staff will work with Ocean Blue to ensure a smooth transition and t he contractor’s performance will be reviewed on a routine basis.

FISCAL IMPACT:

The new service contract is estimated to cost $85,000 more per year compared to the previous contract. The budget includes sufficient funding for citywide storm drain cleaning services, which will be expensed to the Storm Drain Contract Services account 0109062- 811024 and/or the Maintenance Storm Drains account, 0109062 -851039, in the Utilities Department, from the General Fund.
165
Approval of a Maintenance Services Agreement for Storm Drain System Cleaning Services with Ocean Blue Environmental Services, Inc.

April 23, 2024

Page 3 ends

10-3

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action 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 physic al change in the environment) and 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 it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENT:

Attachment A – Maintenance Services Agreement for Stor m Drain System Cleaning Services with Ocean Blue Environmental Services, Inc.

166

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11-1

NEWPORT BEACH
City Council Staff Report

CITY OF
A
pril 23, 2024
Agenda Item No. 11
CONSENT ITEMS:

ITEM NO. 1 MINUTES OF MARCH 7, 2024
SU
MMARY: Draft minutes from the March 7, 2024, meeting of the Planning Commission.

T
he Planning Commission considered the draft minutes with suggested edits to the minutes. The minutes were approved by the following vote.

AY
ES: Ellmore, Langford, Lowrey, and Salene
NOES: None
ABSENT: None
ABSTAIN: Barto, Harris, and Rosene
ACT
ION: Approved as amended
PUBLIC HEARING ITEMS:

IT
EM NO. 2 THE RESIDENCES AT AIRPORT VILLAGE (PA2023-0223) Site Location: 4504, 4570, 4600, and 4630 Campus Drive, 4525, 4533, and 4647 MacArthur Boulevard, and 4515 Birch Street
SU
MMARY: The applicant is requesting approval for the demolition of seven commercial buildings and surface parking and the construction of 444 for-rent residential units atop an 806- space parking structure (Project). The following approvals are requested to implement the project as proposed:
• Maj
or Site Development Review (SDR): An SDR in accordance with the Newport Airport Village Planned Community (PC -60) and Section 20.52.80 (Sit e D
evelopment Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project;
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Jaime Murillo, Acting Deputy Community Development Director, [email protected]
PHONE: 949-644-3209
TITLE: Planning Commission Agenda Report for April 18, 2024 201
Planning Commission Agenda Report for April 18, 2024
April 23, 2024

Page 2 ends

11-2
• A
ffordable Housing Implementation Plan (AHIP): A plan specifying how t he Project would meet the City’s affordable housing requirements, in exchange for a request of 35% increase in density. The applicant seeks two development standard waivers related to the overall residential project density range an d
pr
ivate open space for each residential unit, and a development concession related to the mix of affordable units pursuant to Chapter 20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law); and • T
entative Parcel Map: A tentative parcel map to consolidate five lots into one

6.44- gross acre (6.16-net acre) parcel, pursuant to Chapter 19.12 (Tentative Map Review) of the NBMC.

T
he Planning Commission conducted a public hearing, considered public input , and approved the project by the following vote:

AY
ES: Barto, Ellmore, Langford, Rosene, and Salene
NOES: None
ABSENT: None
RECUSED: Harris and Lowrey
ACT
ION: Approved as recommended
ITEM NO. 3 HOUSING ELEMENT IMPLEMENTATION PROGRAM AMENDMENTS (PA2022-0245)
Site Locations: Citywide
SU
MMARY: To implement the 6th Cycle Element for the 2021-2029 planning period, the Planning Commission is being asked to consider a recommendation to the City Council for the amendments and actions described below, which must take effect by the statutory deadline of February 2025:
• G
eneral Plan Amendment. To revise the necessary goals and/or policies within the City’s Land Use Element to support housing production in the focus areas identified by the Housing Element;
• Amendments to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. To implement the Land Use Element’s policy changes by allowing housing development as an opportunity and establishing appropriate development standards create objective design and dev
elopment standards for multi-unit residential and mixed-use development projects; and
• L
ocal Coastal Program Amendment. To revise and create new policies within the City’s Coastal Land Use Plan and to update Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to support housing production in the focus areas identified by the 6 th
C
ycle Housing Element and within the Coastal Zone.

T
he Planning Commission conducted a public hearing, considered public input, and approved a recommendation to City Council to approve the Program Environmental Impact Report SCH No. 2023060699, including the Mitigation Monitoring and Reporting Program and the Housing Element Implementation Program Amendments by following vote:

AYES: Barto, Ellmore, Harris, Lowrey, and Salene
NOES: None
ABSENT: None
RECUSED: Langford and Rosene
ACT
ION: Approved as recommended
202
A pril 17, 2024
2024 NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT (CDD) TENTATIVE PROJECT MEETING SCHEDULE0F
*
April 17 General Plan Update Steering Committee (GPUSC) Meeting (Cancelled) April 18 Planning Commission

1. Housing Element Implementation Program Amendments (PA2022-0245) – Ben/Jaime

2. Newport Airport Village Apartments (PA2023-0223) – Jenny Citywide
District 3
April 23 City Council

1. 2nd Reading, Residences at 1400 Bristol (PA2022-0296) – Liz

2. 2nd Reading, Residences at 1401 Quail (PA2023-0040) – David

3. CDBG FY24/25 Action Plan – Lauren

4. Appeal - OC Sanitation District Pump Station at 250 E Coast Hwy (PA2023-0076) – David
District 3
District 3
Citywide
District 4
April 23 GPAC Arts and Culture/Historic Resources Subcommittee – Liz Citywide April 25 Zoning Administrator

1. McBride Condos TMP/CDP at 318 Iris Ave (PA2024-0044) - Jerry

2. Bean Residence CDP at 2632 Circle Drive (PA2023-0234) - Laura

3. Foretti’s LTP/CDP at 2929 Coast Highway East (PA2023-0231) – Laurel/Sagecrest District 6
District 2
District 6
May 1 General Plan Advisory Committee (GPAC) Meeting
May 9 Planning Commission

1. Residences at 1600 Dove (PA2022-0297) - Liz

2. Tracy Residence Variance at 1020 White Sails (PA2023-0200) - Jenny District 3
District 6
May 14 City Council

1. License Agreement with Aqua Superpower at Marina Park - Lauren District 1 May 15 General Plan Update Steering Committee (GPUSC) Meeting May 16 Zoning Administrator

1. Whitaker Residence CDP at 55 Saratoga (PA2024-0043) - Danny

2. 506 C apital Group Residence TPM at 506 Avocado (PA2023- 0201) - Danny

3. Porteous Residences Tentative Parcel Map & CDP (PA2024-0012) - Laura

4. Doggie Daycare MUP at 1555-1559 Placentia (PA2023-0248) - Jerry District 4
District 6
District 6
District 2
May 16 Airport Land Use Commission

1. Housing Element Implementation Program Amendments (PA2022-0245) – Ben/Jaime Citywide May 23 Planning Commission

1. Fletcher Jones Airport Shuttle Relocation to 20071 Birch St (PA2023-0172) – Joselyn

2. (Consent) Smith Family Trust Encroachment at 3015 Cliff Drive (PA2024-0045) – Keely

3. (Consent) Pettey Family Trust Encroachment at 521 Larkspur Ave (PA2024-0067) – Keely
District 3
District 2
Dis
trict 6
May 28 City Council

1. Notice of Intent to Override ALUC- Housing Element Implementation Program Amendments (PA2022-0245) – Ben/Jaime (If Needed)
Citywide
May 30 Zoning Administrator

1. Tanar’s Tobacco MUP at 2233 Balboa Blvd - (PA2023-0032) - Jenny District 1 June 6 Planning Commission -
June 11 City Council
June 13 Zoning Administrator
June 20 Planning Commission -
June 25 City Council -
*The tentative schedule is a tool to assist the preparation of future agendas. It does not provide a complete description of projects and it does not list all projects currently under review that could be scheduled. The tentative schedule changes without notice. 11-2
11-3 203
A pril 17, 2024
June 27 Zoning Administrator -
July 9 City Council
July 11 Zoning Administrator
July 18 Planning Commission
July 23 City Council

1. Housing Element Implementation Program Amendments (PA2022-0245) – Ben/Jaime Citywide July 25 Zoning Administrator
Director or ZA Level Actions None this week -
CDP Waivers None this week -
TBD Items

1. Wireless Facilities in public right-of-way, ordinance update – Ben/OCA

2. Cappy’s Café CDP/MUP at 5930 W Coast Hwy (PA2023-0191) – Jenny

3. Snow Residence Condominiums TPM/CDP/Conversion at 400 40th (PA2023-0147) – Jerry

4. Study Session, Development Impact Fee Study (PA2021-127) – Liz

5. Density Bonus LCP Amendment (PA2020-032) – Jaime
Citywide
District 1
District 1
Cit
ywide
Citywide
Pending Coastal Commission

1. Small Cell Telecom Appeal at 38th Street and Lake Ave appeal (PA2019-113) – Ben

2. Coastal Act §30613 CDP jurisdiction change (PA2022-111) – Jaime/Dudek

3. 2022 LCPA #3 –Nonconforming uses and structures amendment – Jaime/Joselyn

4. 2023 LCPA #1 - ADU ordinance amendment, Bay Island amendment, Hanna land use change – Jaime/Chelsea/David

5. 2023 LCPA #2 - Commercial Parking, VE Special Flood Hazard Overlay – Ben/Liz

6. 2024 LCPA #1 – Short Term Lodging, NB Tennis & Pickleball Club, MC Clean Up – Jaime/David

7. Dawson Residence CDP Appeal at 2741 Ocean Blvd (PA2022-0315) – David

8. Mooring Field C Optimization Pilot Project – Paul Blank/Dudek District 1
Coastal
Coastal
C
oastal
C
oastal
Coastal
Dis
trict 6
District 1
Planner Contact Information
Seimone Jurjis, Assistant CM/CDD Director 949-644-3282 [email protected] Jaime Murillo, Acting Deputy CDD Director 949-644-3209 [email protected] Jerry Arregui, Planning Technician 949-644-3249 [email protected] Art Bashmakian, Contract Planner 949-644-3238 [email protected] Chelsea Crager, Senior Planner 949-644-3227 [email protected] Danny Kopshever, Assistant Planner 949-644-3235 [email protected] David Lee, Senior Planner 949-644-3225 [email protected] Oscar Orozco, Assistant Planner 949-644-3216 [email protected] Joselyn Perez, Associate Planner 949-644-3312 [email protected] Laura Rodrigez, Planning Technician 949-644-3216 [email protected] Jenny Tran, Assistant Planner 949-644-3212 [email protected] Rosalinh Ung, Principal Planner (PT) 949-644-3208 [email protected] Liz Westmoreland, Senior Planner 949-644-3234 [email protected] Melinda Whelan, Assistant Planner 949-644-3221 [email protected] Ben Zdeba, Principal Planner 949-644-3253 [email protected] Lauren Wooding-Whitlinger, Real Property Administrator 949-644-3236 [email protected] Dan Campagnolo, Systems Administration Manager 949-644-3231 [email protected] Tonee Thai, Deputy CDD Director & Building Official 949-718-1867 [email protected] Brad Sommers, City Traffic Engineer 949-644-3326 [email protected] 11-4204
1 of 3
April 23, 2024
Agenda Item No. 11

NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, APRIL 18, 2024
REGULAR MEETING – 6:00 P.M.

I. CALL TO ORDER

II. PLEDGE OF ALLEGIANCE

III. ROLL CALL

IV. PUBLIC COMMENTS
Public comments are invited on non-agenda items generally considered to be within the subject matter jurisdiction of the Planning Commission. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium.

V. REQUEST FOR CONTINUANCES

VI. CONSENT ITEMS

ITEM NO. 1 MINUTES OF MARCH 7, 2024

Recommended Action: Approve and file

VII. PUBLIC HEARING ITEMS
Speakers must limit comments to three (3) minutes on all items. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium.

If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

ITEM NO. 2 THE RESIDENCES AT AIRPORT VILLAGE (PA2023-0223) Site Location: 4540, 4570, 4600, and 4630 Campus Drive, and 4525, 4533, and 4647 MacArthur Boulevard

Summary:

The applicant is requesting approval for the demolition of seven commercial buildings and surface parking and the construction of 444 for-rent residential units atop an 806-space parking structure (Project). The following approvals are requested to implement the project as proposed:

 Major Site Development Review (SDR): An SDR in accordance with the Newport Airport Village Planned Community (PC-60) and Section 20.52.80 (Site Development Reviews) of the Newport Beach Municipal Code (NBMC), for the construction of the Project;

205
2 of 3

 Affordable Housing Implementation Plan (AHIP): A plan specifying how the Project would meet the City’s affordable housing requirements, in exchange for a request of 35% increase in density. The applicant seeks two development standard waivers related to the overall residential project density range and private open space for each residential unit, and a development concession related to the mix of affordable units pursuant to Chapter

20.32 (Density Bonus) of the NBMC and Government Code Section 65915 (Density Bonus Law); and

 Tentative Parcel Map: A tentative parcel map to consolidate five lots into one 6.44- gross acre (6.16-net acre) parcel, pursuant to Chapter 19.12 (Tentative Map Review) of the NBMC.

Recommended Actions:

1. Conduct a public hearing;

2. Find that all potential environmental effects for the Project have been adequately addressed in the previously adopted Newport Airport Village Environmental Impact Report Addendum No. 3, and the City of Newport Beach intends to use said document for the approval of the Project; and

3. Adopt Resolution No. PC2024 -005 approving Major Site Development Review, Affordable Housing Implementation Plan, and Tentative Parcel Map for the Residences at Airport Village Project located at 4540, 4570, 4600, and 4630 Campus Drive, and 4525, 4533, and 4647 MacArthur Boulevard (PA2023-0223).

ITEM NO. 3 HOUSING ELEMENT IMPLEMENTATION PROGRAM AMENDMENTS (PA2022- 0245)
Site Location: Citywide

Summary:

As required by state law, the City adopted the 6th Cycle Housing Element for the 2021-2029 planning period (Housing Element) on September 13, 2022, which was certified by the California Department of Housing and Community Development on October 5, 2022.

To implement the Housing Element, the Planning Commission will consider a recommendation to the City Council of the amendments and actions described below which must take effect by the statutory deadline of February 2025:

 General Plan Amendment. Amend the General Plan Land Use Element to support housing production in the focus areas identified by the Housing Element;  Zoning Code Amendment. Amend Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC) to implement the Land Use Element's policy changes by allowing housing development thro ugh new Housing Opportunity (HO) Overlay Zoning Districts, establish appropriate development standards, and create objective design and development standards for multi -unit residential and mixed -use development projects; and
 Local Coastal Program Amendment. Amend the Newport Beach Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the NBMC to include new Housing Opportunity (HO) Overlay Coastal Zoning Districts to support housing production in the focus areas identified by the Housing Element within the Coastal Zone.

206
3 of 3

Recommended Action:

1. Conduct a public hearing; and

2. Adopt Resolution No. PC2024-006 recommending City Council certify the Program Environmental Impact Report (EIR) identified by State Clearinghouse Number (SCH No.) 2023060699, including the Mitigation Monitoring and Reporting Program (MMRP), and approve the Housing Element Implementation Program Amendments all collectively referred to as “PA2022-0245”.

VIII. STAFF AND COMMISSIONER ITEMS

ITEM NO. 4 MOTION FOR RECONSIDERATION

ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR

MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED

ON A FUTURE AGENDA

ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES

IX. ADJOURNMENT
207
April 23, 2024, City Council Agenda Comments
The following comments on items on the Newport Beach City Councilagendaare submitted by:

Page 70 ends

Page 73 ends

Regardingthesubstanceofthe presentactions,designatingthislocation aspartofthe residential portionoftheNewportPlacePlannedCommunityDevelopmentPlanseemsunwise, Received After Agenda Printed
April 23, 2024
Written Comments
208
April23,2024,CityCouncilagendacomments-JimMosher Page2of5 bothbecauseitisdirectlyundertheCity’srequestedflightpathforpiston-poweredaircraftdepartingJohnWayneAirport,andbecausethenoiseimpactonpotentialresidentsfromthe73Freeway(whichitislessthan200feetfrom)doesnotappeartohavebeenconsidered.Itdoesnotsoundlikeapleasantplaceforpeopletolive.

Althoughnotasclosetothe73FreewayasItem3,this,again,doesnotappeartobepartofanycoherentvisiontocreateatrulyplannedcommunityinNewportPlace.

Item9. Central LibraryElevator ModernizationProject –AwardofContract No. 8939-1(24F02)Formonths,theBoardofLibraryTrusteeshasbeenseeingpatroncommentscomplainingaboutthemainpublicelevatorattheCentralLibrarybeingoutofserviceandaskingwhenitwillberepaired.AtthemeetingsIhaveattended,theyhavebeentoldtherepairworkneededaformalcontractandittakestimetocompleteduetoCityprotocols. 209
April23,2024,CityCouncilagendacomments-JimMosher Page3of5 ThisisthefirstI’veheardthatamoreextensiveCentralLibraryElevatorModernizationProjectwaspartoftheCity’sFacilitiesMaintenanceMasterPlan.

Apparentlythatexplainswhyemergencyrepairswerenotundertaken.

Theyarerelatedinthatthefirstunderscorestheflawedassumptionsofthesecond,whichissaidtobeneededfortheCitytomeetitsRegionalHousingNeedsAllocationforthecurrentplanningcycle.

Inotherwords,therecommendedimplementationisnotonlynotcarefullytailoredtoproducenomorethanthestaterequires,asthepublichadbeenledtobelieveitwould,butitappearsdestinedforfailuretomeettherequirementsatall. 210
April23,2024,CityCouncilagendacomments-JimMosher Page4of5 ItishardtoseewhytheelectoratewouldsupportaplanthatgivestheCouncillicensetoapproveagreatdealofhousingthatisnotrequired,whilefailingtoensurethatanyofwhatisrequiredwillbeproduced.

Therealsoseemstobealostopportunitytowidenandimprovethesidewalk,heavilyusedbypedestriansandcyclists,that frontsthefacility.Awidersidewalkseemsabetteruseoflandthanextensivelandscaping. 211
April23,2024,CityCouncilagendacomments-JimMosher Page5of5 Item14. OrdinanceNos. 2024-12and2024-13, andResolutionNo.2024-29: RevisingCertainFeesWithintheScheduleof Rents, FinesandFees, AuthorizingtheWaiver of VehicleTowFees, AdoptingaCredit CardConvenienceFee, andUpdatingtheMethodologyforAnnual Consumer PriceIndexCalculationsAsmanypubliccommentershavemadetheCouncilaware,itwilllikelyseeaproposalfromtheHarborCommissiontoincreasetherentchargedformooringstheCitypermitsonstatetidelands.ThatrentispartiallytocompensateforprivateoccupationofpublicpropertybutisalsousedtorecovertheCity’scostofadministeringthemooringprogram,forwhichnoseparatefeeischarged.Whiletheproperrenttochargeisdebatable,theadministrativecostsshouldbecertain.ItwouldseemtheCouncilwouldwanttoknowwhatthatcostis,whichwouldrequireafeestudy.

Regardingthecurrentproposal,itwouldhavebeenhelpfultoprovidearedlineofthechangesbeingmadetotheMunicipalCodebythetwoordinances.Asitis,readersseemtobeleftguessingwhatthemodificationsare.

Icouldhavemissedit,butIdon’tseethemlistedinthestaffreportAnnualActionPlan. 212

12-1

NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 23, 2024
Agenda Item No. 12

ABSTRACT:

City Council Policy F-3, Budget Adoption and Administration, requires quarterly reporting to the City Council of any grants or donations accepted by the city manager.

RECOMMENDATION:
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) Receive and file.

DISCUSSION:

Per City Council Policy F -3, the City Manager accepted $71,261.00 during the quarter ending March 31, 2024:

Source Date Amount Use
Literacy Donation 01/02/2024 $150.00 Library Literacy Services Program

Private Donation 01/02/2024 $200.00 Library Materials
State of California: Dept.
of Parks and Recreation
– Division of Boating
and Waterways
01/22/2024 $29,484.00 Refurbish and replace
equipment and safety supplies
City of Costa Mesa 02/06/2024 $5,000.00 Slurry Seal Program – Project 24R04

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jason Al-Imam, Finance Director/Treasurer –
949-644-3240, [email protected]
PREPARED BY: Anthony Alannouf, Budget Analyst –
[email protected]
PHONE: 949-644-3192
TITLE: Grants and Donations Report for the Quarter Ending March 31, 2024 213
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Newport Beach Arts
Foundation
02/16/2024 $10,000.00 Cultural Arts – Sculpture
Exhibition
Edward Byrne Memorial
Fund Justice Assistance
Grant (JAG)
03/12/2024 $9,911.00 User licenses and Whooster
allotment
Newport Harbor
Foundation
03/12/2024 $6,000.00 Lighting on various Private Aids
to Navigation (PATONs) in
Newport Harbor

SLS Library Grant 03/12/2024 $4,516.00 Purchase of eBooks Newport Beach Library
Foundation
03/12/2024 $6,000.00 Project Adult Literacy and Seed
Library program
FISCAL IMPACT:

The receipt of grant funds and donations offsets costs incurred to support essential programs that would otherwise be funded by the General Fund.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action 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 15060(c)(3) (the activity is not a project as d efined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed accord ing to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

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NEWPORT BEACH

City Council Staff Report

COUNCIL STAFF REPORT

CITY OF

April 23, 2024
Agenda Item No. 13
ABSTRACT:

For the City Council’s consideration is an appeal of the Planning Commission’s January 18, 2024, decision to approve a major site development review and coastal development permit to allow the demolition of an existing pump station and construction of a new, larger pump station and associated force mains for the Orange County Sanitation District’s Bay Bridge Pump Station at 250 East Coast Highway.

RECOMMENDATIONS:
a) Conduct a de novo public hearing:
b) Find this project complies with the California Environmental Quality Act as it is consistent with the certified Environmental Impact Report (EIR) for Project No. 5-67, also known as the Bay Bridge Pump Station and Force Mains Replacement Project, as approved by the Orange County Sanitation District, and the subsequent certified Addendum to the EIR; and
c) Adopt Resolution No. 2024-28, A Resolution of the City Council of the City of Newport Beach, California, Denying an Appeal a nd Upholding the Decision of the Planning Commission to Approve a Major Site Development Review and Coastal Development Permit to Demolish an Existing Pump Station and Construct a New Pump Station and Associated Force Mains at the Property Located at 250 East Coast Highway (PA2022- 0076).

DISCUSSION:

The subject property is located on East Coast Highway between Bayside Drive and the Bay Bridge. Adjacent to the property is the Bayside Village Marina, which includes visitor- serving uses (i.e. Pearson’s Port se afood market and Southwind Kayak rentals), recreational vehicle and boat storage, and marina parking lot. This adjacent property is intended to be developed with a future mixed -use waterfront village in accordance with Back Bay Landing Planned Community Development Plan (PC-9).

Resolution No. 2024-28: Appeal of Planning Commission’s Approval of the Orange County Sanitation District’s Bay Bridge Pump Station and Force Mains Replacement Project at 250 East Coast Highway (PA2023-0076)
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Additional surrounding uses include the Bayside Village Mobile Home Park to the north and east across Bayside Drive, a restaurant (Sol Mexican Cocina), and the Balboa Marina to the south across East Coast Highway, and various commer cial uses to the southeast including a gas station, shopping center, and automobile dealerships.

The property consists of an existing wastewater pump station known as the Bay Bridge Pump Station ( Pump Station ), which was constructed in 1966 and is operated by the Orange County Sanitation District (OCSD) (Figure 1). The existing Pump Station includes two single-story buildings, a perimeter wall with a vehicular access gate from East Coast Highway, and outdoor mechanical equipment that is not screened from p ublic view. The Pump Station also includes force mains which tunnel under the bay to the western side of the Bay Bridge into an existing vault that straddles the public right -of-way and private property. The station pumps wastewater flow generated by residents and businesses east of Newport Bay, including Balboa Island and Crystal Cove, and ultimately to a wastewater treatment facility located in Huntington Beach. OCSD has aging infrastructure throughout Newport Beach and frequently undertakes projects to repair or replace sewer main lines, pump stations, and other equipment.

The proposed project includes a temporary construction staging area at Lower Castaways Park at 1100 Dover Drive. Lower Castaways is a City of Newport Beach owned park that is approximately four acres, located directly north of West Coast Highway and directly east of Dover Drive. Castaways Park, which is a larger, approximately 16 -acre park, is located directly to the north. Lower Castaways is improved with public parking spaces and is used as access to the bay for the launching of vehicles, but it is also utilized for temporary construction staging and parking to accommodate public works and/or large construction projects.

Figure 1: Existing Bay Bridge Pump Station

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1 PC-9 was amended by the City Council on Amended 26, 2016 through Ordinance No. 2016-8. Since the approval of the City Council was legislative only, a future site development review and coastal development permit is required for the Back Bay Landing mixed-use village project to be implemented. 216
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While the existing property is 4,879 square feet in area, OCSD is acquiring an additional 9,713 square feet of land from the adjacent property at 100 Bayside Drive, which is the site of the fu ture Back Bay Landing Mixed -Use Village. The acquisition, which is for the purpose of constructing a larger pump station facility, is a result of an eminent domain case wherein OCSD has secured an order of immediate possession expanding the property to a t otal area of 14,592 square feet. A lot line adjustment is not required, as OCSD will record a final order of condemnation at the end of the eminent domain case, which will have the effect of creating the new parcel boundaries and will be recorded with the County Assessor’s Office.

Project Description

In order to upgrade the aging Pump Station, OCSD requests a major site development review and coastal development permit for the following:

1. The demolition of an existing pump station and construction of a new pump station (total of approximately 7,500 square feet) that includes a new underground pump room (3,616 square feet), electrical room (1,175 square feet), odor control facility (1,781 square feet), and a generator room (672 square feet) (Figure 2);

Figure 2: Proposed Pump Station Site Uses (above)
and Rendering from East Coast Highway (below)
Electrical Room
Generator Room
Odor Control
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2. The installation of new, 25-inch dual force mains by micro-tunneling beneath East Coast Highway from the Project across the Newport Bay Channel, to a new valve vault located below grade in the public right -of-way at the southeast corner of the intersection of West Coast Highway and Dover Drive, where the existing force mains are to be abandoned in place (Figure 3); and
Figure 3: Location of Proposed Force Mains in Red

3. The temporary use of a portion of the City-owned Lower Castaways Park as a construction staging yard. OCSD proposes to use approximately 18,000 square feet of the southwest corner of Lower Castaways Park, which is to be fenced and screened. This allows the OCSD to temporarily locate office trailers, stage and store construction equipment and materials, and provide vehicle parking.

The project is subject to review and permitting approval by numerous agencies including OCSD, Caltrans, California Coastal Commission (CCC), California State Lands Commission, California Department of Fish and Wildlife, National Marine Fisheries Service, Army Corps of Engineers, Santa Ana Regional Water Quality Control Board, private property owners, and the City. Since a significant portion of the new force mains are proposed to be constructed in tidelands and in CCC permit jurisdiction, OCSD must obtain a separate coastal development permit from the CCC. All portions of the Project located in the City’s permitting jurisdiction, including the pump station site at 250 East Coast Highway and the proposed temporary construction staging area at 100 Dover Drive, are located within the coastal zone and therefore, the project requires a coastal development permit. Project plans are provided in Attachment M.

The draft resolution, which addresses all required findings, is included as Attachment A.

Additionally, the January 18, 2024, Planning Commission staff report has been included in Attachment D. The report includes a detailed analysis of all applicable project components.

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January 18, 2024, Planning Commission Hearing

On January 18, 2024, the Plann ing Commission held a public hearing to consider the project. During the hearing, the Planning Commission discussed the design of the new facility, status of the eminent domain case, and the Environmental Impact Report. The applicant also provided a presen tation and provided details of the project followed by questions from the commissioners. Two members of the public, representing the adjacent property owner Bayside Village Marina LLC (BVM), spoke in opposition of the project. The representatives argued that the project is not consistent with the Back Bay Landing Planned Community Development Plan and asked the Commission to require the applicant to redesign the project appropriately. Two additional members of the public also spoke on the project, including one from the mobile home park who expressed concerns regarding truck traffic to the site. Based on direction from the Planning Commission, the applicant agreed to an additional condition of approval that would require potential alterations to the exterior façade for consistency and compatibility with the architecture of the future Back Bay Landing mixed-use project.

After considering all public comments and findings, both written and oral, the Planning Commission voted to approve Resolution No. PC2024 -002 (Attachment C) by a vote of 4-2-1. The meeting minutes are included as Attachment E.

Appeal of the Planning Commission Decision and Staff’s Response

On January 31, 2024, John Erskine, representing BVM, owners of the Bayside Village Marina and related recreational marine commercial uses at 300 East Coast Highway (ECH and Bayside), as well as the Bayside Village Marina Mobile Home Park, and developers of the Back Bay Landing project proposed for the adjacent property, filed an appeal of the Planning Commission’s decision. The appeal letter (Attachment F) includes the following reasons:

1. Contrary to the Planning Commission's January 18, 2024, discussion, and based on misleading and unsupported testimony from OC SD, the eminent domain process does not prevent the City Council from assessing all of the impacts of the OC SD project and rejecting it or selecting an alternative location.

2. The expanded Pump Station is too massive, too tall, and is an unnecessary industrial-type facility that can easily be located in a less conspicuous site elsewhere on BVM’s property (e.g., immediately adjacent to and on either side of and partly underneath the East Coast Highway Bridge).

3. The Pump Station expansion, as proposed, will triple its current size (4,800 sf to 14,500 sf), and as stated by prior commenters on the three prior versions of the Bay Bridge Pump Station EIR, is inconsistent with the City’s and Coastal Commission’s unanimously approved Coastal Land Use Plan, the Back Bay Landing Planned Community Development Plan (PC-9) and key provisions of the California Coastal Act.
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The Pump Station expansion does not protect LCP-mandated coastal view corridors from Coast Highway toward Upper Newport Bay and Castaway’s Bluffs, and is not in compliance with the City’s General Plan scenic highway policies, and does not comply with the requirements or the intent of the PC-9 Architectural Provisions (Section 10, page 26 of PC-9), that the pump station essentially be camouflaged, and incorporated within the overall Back Bay Landing mixed-use development.

4. Staff and the applicant failed to adequately address or explain why the alternate site south of the Bay Bridge and East Coast Highway - .62 acres owned by BVM – is not superior to the expanded site north of East Coast Highway. This southern alternative avoids numerous operational and aesthetic issues, and poses far less construction risks, including minimizing sub-surface micro tunneling (boring of a 6- to 7-foot-wide tunnel) beneath East Coast Highway.

5. Contrary to Planning staff’s assertions (page 9) in the January 18, 2024, Planning Commission staff report, the proposed expanded, 22 -foot-high pump station is neither “aesthetically pleasing as a stand-alone development,” appropriate for this central Newport Harbor coastal location, or visually/architecturally compatible with the PC-9.

6. The recirculated EIR, and subsequent evidence obtained in depositions in the pending Eminent Domain case (OCSD v. BVM, case no. 30-2022-01251890-CU-EI- CXC) of four different Bay Bridge Pump Station project managers, indicates that this massively disruptive OCSD project will be under construction, with upwards of 1,200 truck trips on Coast Highway, Bayside Drive and Dover Drive per year for 4-5 years+.

There is no need for the City to rush the approvals of this ill-advised, risky and poorly management project while the City Council works with OCSD and BVM to identify an alternative location and design of the project.

Staff has prepared detailed responses to each reason for the appeal in Attachment G.

Staff believes that the findings previously made by the Planning Commission are valid, and has conducted a thorough evaluation of the project, including the proposed location, size and aesthetic design of the new Pump Station. The requirements of the Coastal Land Use Plan and PC-9 have been evaluated, including the requirements for public view corridors through the site. According to OCSD, the existing Pump Station has less than five years of useful life and needs to be replaced for improved operation and protection against potential sewage spills.

Regarding concerns with the proposed architectural design, it is important to note that at the time PC -9 was adopted by the City Council and certified by the California Coastal Commission, it was assumed the Pump Station reconstruction would likely occur after the development of the Back Bay Landing mixed-use project.
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The fact that the Pump Station is now proposed to be reconstructed first and there is not currently a proposed or approved Back Bay Landing mixed -use project to compare the proposed architecture of the Pump Station to only complicates matters. Furthermore, PC-9 does not mandate a particular architectural style, but it merely stipulates that development be designed with a “coastal architectural theme with the intent that no particular historically specific or rigid architectural style be selected for the project.” The proposed Pump Station design incorporates a modern design with a cantilevered roof overhang and an integration of materials and details inspired by the surrounding coastal context. The buildings avoid long, continuous blank walls with a simple façade composition of a base and top separated by different colors. There is a mixture of heights and roof types (sloping and flat) to create visual interest, as well as provide rhythm, dynamic building forms, and shadows. To resolve the concern about the Pump Station design’s potential inconsistency with the future and undetermined design of the Back Bay Landing mixed -use project, Condition No. 31 of the draft resolution requires that the applicant make future alterations to the exterior façade to the satisfaction of the Community Development director for consistency and compatibility with the architecture of a future approved Back Bay Landing mixed-use project.

Applicant’s Response to Appeal

To assist the City Council with its discussion, the applicant has prepared a letter (Attachment H) that thoroughly responds to the appellant’s letter. The letter responds to appellant’s remarks regarding the EIR, the eminent domain matter and to the seven items listed in the appellant’s letter of appeal. The applicant’s letter discusses the court’s ruling that denied all the challenges brought by the appellant except for a minor issue concerning the location of construction staging areas. The letter mentions that on December 16, 2022, the court ruled that OCSD may continue to pursue and secure the necessary permits from the City and the CCC because the issue concerning the location of the construction staging area could be readily correctable. The response letter also discusses the eminent domain lawsuit and mentions that the only issue still under discussion is the amount of just compensation and not the matter of the actual eminent domain. Additionally, the applicant has provided a subsequent letter addressing trucks and vehicles that will be using the proposed access easement to enter the Pump Station (Attachment L).

FISCAL IMPACT:

There is no fiscal impact related to this item.

ENVIRONMENTAL REVIEW:

In February of 2021, the applicant, as the Lead Agency under the California Environmental Quality Act (CEQA), approved the Bay Bridge Pump Station and Force Mains Replacement Project (Project No. 5-67) and certified an EIR for Project No. 5-67.

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On April 1, 2021, Bayside Village Marina (the appellant) filed a Verified Petition for Writ of Mandate against the applicant in Orange County Superior Court alleging that the EIR failed to comply with CEQA on numerous grounds (Orange County Superior Court Case No. 30-2021-01194238.) On December 16, 2022, the Court iss ued a ruling that upheld the EIR in all respects except one (not having identified project construction staging area).

Thereafter, the Court issued a limited writ directing OC SD to sufficiently identify project construction staging areas.

Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an EIR has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:

a. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

b. Substantial changes occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

c. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable due diligence at the time the previous EIR was certified as complete, shows any of the following:

i. The project will have one or more significant effects not discussed in the previous EIR;

ii. Significant effects previously examined will be substantially more sev ere than shown in the previous EIR;

iii. Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

iv. Mitigation measures or alternatives which are considerable different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Pursuant to Section 15164 of the CEQA Guidelines, the lead agency shall prepare an Addendum to a previously certified EIR if some changes or additions are necessary but one of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
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In response to the court ruling, OC SD prepared an Addendum to the EIR for the Bay Bridge Pump Station and Force Mains Replacement Project (Addendum) which was certified by the OCSD Board on July 23, 2023. Specifically, the Addendum clarifies the use of the Lower Castaways Park in the city as a construction staging area and adds a new construction staging area at OC SD’s Plant No. 2, located in Huntington Beach, for soil storage/drying activities and determine d that Project No. 5 -67, as modified by the Addendum, would not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts in accordance with Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines.

A link to both the EIR and subsequent Addendum to the EIR are included in Attachment B to this staff report.

NOTICING:

Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the affected sites (excluding intervening rights-of-way and waterways) including the applicant and appellant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Furthermore, the agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).

ATTACHMENTS:

Attachment A – Resolution No. 2024-28
Attachment B – Environmental Impact Report and Subsequent Addendum Attachment C – Planning Commission Resolution No. PC2024-002 Attachment D – Planning Commission Staff Report from January 18, 2024 Attachment E – Planning Commission Meeting Minutes from January 18, 2024 Attachment F – Appellant’s Appeal Application dated January 31, 2024 Attachment G – Staff Response to Appellant Letter
Attachment H – Applicant’s Response to Appellant’s Appeal dated February 14, 2024 Attachment I – Coastal Hazards Report
Attachment J – Public View Analysis
Attachment K – Applicant’s Project Description
Attachment L – Applicant’s Letter Regarding Vehicle Access dated March 22, 2024 Attachment M – Project Plans

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Attachment B
Environmental Impact Report and Subsequent Addendum
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EIR No. 5-67
Available separately due to bulk at:
https://www.ocsan.gov/about-us/transparency/eir-documents/-folder-807

Addendum to EIR No. 5-67
Available separately due to bulk at:
https://www.ocsan.gov/home/showpublisheddocument/34145/638253730131970000

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Attachment C
Planning Commission Resolution No. PC2024-002
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RESOLUTION NO. PC2024-002

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF NEWPORT BEACH , CALIFORNIA APPROVING A MAJOR

SITE DEVELOPMENT REVIEW AND COASTAL DEVELOPMENT

PERMIT TO ALLOW THE DEMOLITION OF AN EXISTING PUMP

STATION BUILDING AND CONSTRUCTION OF A NEW PUMP

STATION AND ASSOCIATED FORCE MAINS FOR THE
PROPERTY LOCATED AT 250 EAST COAST HIGHWAY
(PA2023-0076)

THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:

SECTION 1. STATEMENT OF FACTS.

1. An application was filed by Orange County Sanitation District (“Applicant”), with respect to property located at 250 East Coast Highway , and legally described as Parcel 1 of Document Recorded in Book 7661, Page 741 of Official Records, as well as land acquired from the adjacent parcel (see Exhibit “A” for full legal description) (“Property”). The Property is operated by the Applicant with an existing 4,800-square-foot pump station, known as the Bay Bridge Pump Station, which is a part of its wastewater collection system. Additionally, the proposed project includes temporary construction staging area at Lower Castaways Park at 100 Dover Drive, legally described as Lot 1 of Tract 1125 (“Staging Area”).

2. The Applicant requests a major site development review and coastal development permit for the following:

a. The demolition of an existing pump station and construction a new pump station (total of approximately 7,500 square feet) that includes a new underground pump room (3,616 square feet), electrical room (1,175 square feet), odor control facility (1,781 square feet), and a generator room (672 square feet);

b. The installation of new, 25-inch dual force mains by micro-tunneling beneath East Coast Highway from the Project across the Newport Bay Channel, to a new valve vault located below grade in the public right-of-way at the southeast corner of the intersection of West Coast Highway and Dover Drive; and

c. The temporary use of a portion of the City -owned Lower Castaways Park as a construction staging yard. The Applicant proposes to use approximately 18,000 square feet of the southwest corner of Lower Castaways Park, which is to be fenced and screened. This allows the Applicant to temporary locate office trailers, stage and store construction equipment and materials, and provide vehicle parking (“Project”).

The Project is subject to review and permitting approval by numerous agencies including the Orange County Sanitation District, Caltrans, California Coastal Commission (“CCC”), California State Lands Commission, California Department of Fish and Wildlife, National 13-44
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Marine Fisheries Service, United States Army Corps of Engineers, Santa Ana Regional Water Quality Control Board, private property owners, and the City. Since a significant portion of the new force mains are proposed to be constructed in tidelands and in CCC permit jurisdiction, the Applicant must obtain a separate coastal development permit from the CCC. All portions of the Project located in the City’s permitting jurisdiction, including the Property and Staging Area, are located within the coastal zone and therefore , the Project requires a coastal development permit.

3. The Property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Back Bay Landing Planned Community (PC-9) Zoning District. The Staging Area is designated Recreational and Marine Commercial (CM) by the General Plan Land Use Element and is located in the Castaways Marina Planned Community (PC-37) Zoning District.

4. The Property is located within the coastal zone. The Coastal Land Use Plan (“CLUP”) designation is Mixed-Use Water Related (MU-W) and is located within the Back Bay Landing Planned Community (PC -9) Coastal Zoning District. The Staging Area is also located in the coastal zone, is designated as Recreational and Marine Commercial (CM- A) – (0.0 – 0.30 FAR) by the CLUP and is located within the Castaways Marina Planned Community (PC-37) Coastal Zoning District.

5. While the existing property is 4,879 square feet in area, OCSD is acquiring an additional 9,713 square feet of land from the adjacent property at 100 Bayside Drive, which is the site of the future Back Bay Landing Mixed-Use Village. The acquisition, which is for the purpose of constructing a larger pump station facility, is a result of an eminent domain case wherein OCSD has secured an order of immediate possession, and therefore expands the Property to a total area of 14,592 square feet. A lot line adjustm ent is not required, as OCSD will record a final order of condemnation at the end of the eminent domain case, which will have the effect of creating the new parcel boundaries and be recorded with the County Assessor’s Office.

6. A public hearing was held on January 18, 2024, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter s 20.62 and 21.62 (Public Hearings) of the NBMC. E vidence, both written and oral, was presented to , and considered by , the Planning Commission at this public hearing.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.

1. Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an Environmental Impact Report (“EIR”) has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:

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i. The project will have one or more significant effects not discussed in the previous EIR;

ii. Significant effects previously examined will be substantially more severe than shown in the previous EIR;

2. In February of 2021, the Applicant approved the Bay Bridge Pump Station and Force Mains Replacement Project (Project No. 5-67) and certified an EIR for Project No. 5-67 which is attached hereto as Exhibit “B,” and incorporated herein by reference . On April 1, 2021, Bayside Village Marina filed a Verified Petition for Writ of Mandate against the Applicant in Orange County Superior Court alleging that the EIR failed to comply with CEQA on numerous grounds (Orange County Superior Court Case No. 30 -2021- 01194238.) On December 16, 2022, the Court issued a ruling that upheld the EIR in all respects except the construction staging for the project and thereby issued a limited writ directing OC San to sufficiently identify project construction staging areas which is attached hereto as Exhibit “C,” and incorporated herein by reference.

3. In response to the Court ruling, OC San has prepared an Addendum to the EIR for the Bay Bridge Pump Station and Force Mains Replacement Project ( “Addendum”), attached hereto as Exhibit “D,” and incorporated herein by reference which was certified by OC Sanitation District Board on July 23, 2023. Specifically, the Addendum clarifies the use of the Lower Castaways Park in the City as a construction staging area and adds a new construction staging area at OC Sanitation District’s Plant No. 2, located in the City of Huntington Beach, for soil storage/drying activities and determines that 13-46
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Project No. 5-67, as modified by the Addendum, would not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts in accordance with Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines. No additional legal challenges to the Addendum were brought and Bayside Marina Village and OCSD filed a Stipulation Discharging the Peremptory Writ of Mandate and Dismissing Orange County Superior Court Case No. 30-2021-01194238, attached hereto as Exhibit “E,” and incorporated herein by reference, on August 8, 2023. Therefore, the Addendum is final is determined to comply with CEQA.

SECTION 3. REQUIRED FINDINGS.

Major Site Development Review

In accordance with Subsection VII (C) (Back Bay Landing PCDP Implementation/Site Development Review – Findings) of the NBMC, the following findings and facts in support of such findings are set forth for the Project:

Finding:

A. The development shall be in compliance with the General Plan, Coastal Land Use Plan, Back Bay Landing Planned Community Development Plan, including design guidelines, and any other applicable plan or criteria related to the development.

Facts in Support of Finding:

1. The Property is categorized as Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element, which is applied to waterfront locations in which marine related uses may be intermixed with buildings that provide residential on the upper floors. For nonresidential buildings, the MU-W2 has a maximum floor area to land ratio ( “FAR”) of

0.5. The Property is 14,592 square feet in area and the Project is 7,244 square feet, resulting in a FAR of 0.49. Additionally, the Property is a part of Anomaly 80 of the General Plan Land Use Plan. Anomaly 80 includes the Property as well as 100 Bayside Drive, which is the site of the future Back Bay Landing mixed-use village project and sets a development limit of 131,290 square feet for nonresidential development within the Anomaly. PC-9 sets additional nonresidential development limits for the future Back Bay Landing development , which is 61,534 square feet for commercial and 32,500 square feet for dry stack boat storage, for a total of 94,034 square feet of future nonresidential development. The addition of the 7,244-square-foot pump station results in a total of 101,278 square feet, which is within the development limit of Anomaly 80.

The Project is a replacement of an existing pump station, which has existed at the Property since 1966, and provides essential infrastructure to adjacent neighborhoods.

2. The Property is categorized as Mixed-Use Water Related (MU-W) by the Coastal Land Use Plan, which is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal dependent and coastal - related uses and visitor-serving uses, as well as allow for the development of mixed-use 13-47
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structures with residential uses above the ground floor. For nonresidential buildings, the MU-W has a maximum FAR of 0.5. Additionally, CLUP Policy 2.1.9.1 limits the maximum floor area to what is established in General Plan Land Use Element Anomaly 80, as discussed in Fact A.1 above.

3. The Property is located in the Back Bay Landing Planned Community (PC -9) Zoning and Coastal Zoning District. Specifically, the Property is categorized by PC -9 as Planning Area 1 (Mixed-Use Area) where a wastewater pump station is a permitted use.

Per Section 2 of PC -9 (Development Limits and Land Use Plan), the Orange County Sanitation District wastewater pump station shall not be counted towards square footage development limits of the PC. Per Section 3 of PC -9 (Permitted Uses), the initial construction of any new structure, or the significant reconstruction or major addition to an existing structure requires a Site Development Review pursuant to Section VII of PC-

9. 4. Per Section IV (B) (Development Standards – Permitted Height of Structures), the maximum building height within Planning Area 1 shall not exceed 30 feet for flat roofs and 35 feet for sloped roofs. The height of the buildings is measured from a baseline elevation of 14 feet NAVD 88, as required by Exhibit 3 of PC-9. The proposed electrical and generator building features a sloped roof design with parapet walls which is 22 feet.

The proposed odor control building features a flat roof design with parapet walls which is 15.5 feet. All proposed buildings comply with the required height requirements of PC-

9. 5. Per Section IV (A) (Development Standards – Setback Requirements), a minimum 10- foot landscape buffer is required to be provided to the back of sidewalk. Additionally, in Section IV (E) (Development Standards – Landscaping), a detailed landscape and irrigation plan is required which demonstrates compliance with applicable landscaping requirements specified in the NBMC. Furthermore, landscaped areas shall only consist of native plants or non -native drought tolerant plants which are non -invasive. Per Section A.4.d of Section IV, encroachments may be permitted through a Site Development Review. While the Project provides a 10-foot landscaping buffer on a small portion of the East Coast Highway frontage, the remaining landscape along East Coast Highway varies between approximately 9 feet and 6 feet in depth. However, t he proposed landscaping meets the intent of PC -9, which includes reflecting the Project’s coastal marine location, providing creative plant combinations, installing a highly efficient irrigation system, and preserving and enhancing view corridors. The Project includes low -water, drought tolerant plan ts which includes a mixture of deer grass, slipper plant, foxtail agave, and red yucca plant types located at the East Coast Highway frontage of the Project. Since the Project includes property line walls along East Coast Highway for security purposes, the proposed landscape is appropriate to break up the mass of the walls and improve the overall aesthetics of the project as viewed from East Coast Highway. The proposed plants are relatively low profile in height and will not diminish any view corridors as identified in PC-9.

Finding:

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B. The development shall not be incompatible with the character of the neighboring uses and surrounding sites.

Facts in Support of Finding:

1. The Property is located on East Coast Highway between Bayside Drive and the Bay Bridge. Adjacent to the Property is the Bayside Village Marina, which is adjacent to the Property and includes visitor serving uses and a recreational vehicle storage parking lot.

This adjacent property is intended to be developed with a future mixed-use waterfront village in accordance with PC-9. Additional surrounding uses include the Bayside Village Mobile Home Park to the north and east across Bayside Drive, a restaurant and the Balboa Marina to the south across East Coast Highway, and various commercial uses to the southeast including a gas station, shopping center, and automobile dealerships.

2. The existing Bay Bridge P ump Station structure was constructed in 1966, and consequently upgraded with new pumps, piping, and ventilation in 1995. In 2014, an additional pump was added for increased capacity and reliability. The existing pump station is over 50 years old and requires r eplacement to serve the city, which pumps wastewater flow generated by residents and businesses west of Newport Bay, including Balboa Island and Crystal Cove. The pump station receives wastewater from a pump station in Crystal Cove, and pumps wastewater to another treatment facility located in the City of Huntington Beach. The proposed pump station has modernized architecture which improves the neighborhood aesthetics.

3. The construction of replacement force mains located on the western side of the Bay Bridge is not incompatible with neighboring uses, which includes the Bayshore Apartments to the south, a boat marina directly east, and the end of the Bay Bridge to the north. The construction of a new vault to house the force mains is a necessary part of the pump station. The new force mains are an upgrade to aging infrastructure that will better serve the surrounding area and is screened from public view within an existing vault. The existing vault, which is located on both the public right -of-way and private property, is to be abandoned in place. The public right-of-way area where the new vault is proposed includes new landscaping to further enhance the area for pedestrians, motorists, and nearby residents.

Finding:

C. The development shall be sited and designed to maximize the aesthetic quality of the project as viewed from surrounding roadways, properties, and waterfront, with special consideration given to providing a variety of building heights, massing, and architectural treatments to provide public views through the site.

Facts in Support of Finding:

1. Fact 4 in support of Finding A is hereby incorporated by reference.

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2. Section 5 (Design Guidelines) of PC -9 provide guidelines intended to express the desired character of the future mixed -use waterfront village that helps achieve overall consistency of architectural quality. The Project is designed with a coastal architectural theme, incorporating a modern design with a cantilevered roof overhang and an integration of materials and details inspired by the surrounding coastal context. The buildings avoid long, continuous blank walls with a simple façade composition of a base and top separated by different colors. There is a mixture of heights and roof types (sloping and flat) to create visual interest, as well as provide rhythm, dynamic building forms, and shadows.

3. While the Project is aesthetically pleasing as a standalone development, it has been designed per PC -9 design guidelines so that it would be visually consistent with the future Back Bay Landing mixed-use village. Per Section 5.D.10, the building exterior will be aesthetically improved with entirely new buildings and perimeter walls to reflect PC- 9 design standards. The Project considers future residents, businesses, and patrons of the Back Bay Landing mixed -use village by including louvers which are designe d to conceal the odor control facility, and screening for on-site mechanical equipment.

4. The Project includes structures that are 22 feet and 15.5 feet tall. While it is taller and larger in area than the existing pump station, is not out of scale with the surrounding uses. The architectural design utilizes a cantilevered roof overhang with a low profile and integrates materials and details which are consistent with surrounding coastal uses.

The design includes a variety of colors and finishes such as stone and stucco which reduces the bulk and scale of the building façade.

5. Landscaping is proposed along the East Coast Highway frontage, which further reduces the massing of the property walls. The landscape buffer also enhances the appearance of the public right -of-way so that the Project does not appear walled off from public viewsheds. The landscape buffer will improve the overall aesthetic of the Project from East Coast Highway, which is identified as a coastal view road by the CLUP.

6. The Project is designed to maintain the six view corridors identified by PC -9 which are to be preserved. The existing view of the Back Bay bluff to the north of the Project, as well as views of the bay through other portions of the future Back Bay Landing, are not obstructed by the Project.

Finding:

D. Site plan and layout of buildings, parking areas, pedestrian and vehicular access ways, landscaping and other site features shall give proper consideration to functional aspects of site development.

Facts in Support of Finding:

1. The Property is located on East Coast Highway between Bayside Drive and the Bay Bridge. This adjacent property is the site of the future Back Bay Landing project, which is a mixed -use waterfront village which has not yet been constructed. Currently, 13-50
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vehicular access to the existing pump station is through a curb cut on East Coast Highway, followed by gates that are opened for vehicles to access. The existing access is challenging due to traffic on East Coast Highway and the necessity for vehicles to drive across the public right-of-way. While an access gate will remain adjacent to East Coast Highway, it will be used only for when access at the Bayside Drive entrance is temporarily hindered . To improve access, the Applicant proposes access through a permanent access easement taken through Bayside Drive and into the Back Bay Landing property at 100 Bayside Drive.

2. The overall layout of structures is efficiently arranged on a constrained lot and is designed to accommodate service vehicle access and maneuvering requirements.

3. Fact 5 in support of Finding A is hereby incorporated by reference.

Finding:

E. The development shall not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development.

Facts in Support of Finding:

1. The Project provides essential infrastructure to the surrounding community for waste management and a pump station has existed in this location for many decades. Orange County Sanitation District has aging infrastructure throughout the City and it is typic al for utilities such as the Project to be replaced and upgraded. The Project improves an existing pump station, which serves the overall community as part of a larger wastewater collection system.

2. The Project includes an odor control room, which is included to mitigate odors from the Property. The odor control room includes treatment for both liquid and vapor phase waste.

3. The Project uses equipment with lower noise. The highest noise producer of the Project is the standby generator, which is to be used in emergency situation if there is a power outage. The generator is proposed to be enclosed in a building with sound attenu ation panels and is not expected to negatively affect surrounding uses.

4. The Applicant has provided a Site Photometric Plan and Lighting Plans which describe the Project’s lighting around the Property. There are lights proposed to be attached to the Electrical Room, Generator Room, and Odor Control Area, with minimal lighting around the interior of the perimeter security walls. The Project’s lighting is conditioned to comply with the outdoor lighting standards of the NBMC and will not negatively affect surrounding uses. As conditioned, the Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.

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5. If the pump station facility were to fail, sewage would build up in upstream sewers and could result in an overflow from the lowest elevation manhole upstream from the Property. Furthermore, backups and/or spills could occur at specific residences or businesses that have sewer laterals lower than the lowest elevation manhole. If the force mains in the bay were to fail, a sewage spill could occur into the bay. The Project seeks to upgrade the existing pump station and provide improvements to an existing util ity which serves a large portion of the city.

Coastal Development Permit

In accordance with Subsection 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings and facts in support of such findings as set forth:

Finding:

H. Conforms to all applicable sections of the certified Local Coastal Program.

Facts in Support of Finding:

1. Facts 2 through 5 in support of Finding A are hereby incorporated by reference.

2. Facts 1 and 2 in support of Finding B are hereby incorporated by reference.

3. A Coastal Hazards Report and Sea Level Rise Analysis was prepared by Arcadis U.S., Inc. dated October 1, 2023, for the Project. The current maximum bay water elevation is

7.7 NAVD 88 (North American Vertical Datum of 1988 (NAVD88) Based on the State of California’s Sea Level Rise Guidance, the sea level rise for the Los Angeles region is

6.6 feet NAVD 88, under the H++ scenario. Since the life expectancy of the new pump station is approximately 50 years, the 6.6 -foot sea level rise for the year 2080 is appropriate to use for evaluation of the Project. Therefore, the sea level is estimated to reach approximately 14.3 feet NAVD88 (7.7 + 6.6 feet NAVD 88). The finished floor elevation of the electrical room and entrance to the dry well is 15.5 feet, which provides more than adequate protection from sea level rise. The generator room has a finished floor elevation of 14.17 feet. While slightly under the 14.3 -footsea level rise elevation projection, the generator is proposed to be mounted on a 2-foot-high fuel tank and the generator panels will be mounted 3.5 feet above the finished floor, which will provide adequate pro tection from flooding. For the Odor Control area, there is a proposed finished floor elevation of 14 feet. Equipment within the area is proposed to be mounted on pads higher than 14.3 feet NAVD 88, to protect from cases of flooding. Additionally, temporary flood barriers such as sandbags can be deployed for openings during flooding situations. Finally, the Applicant is proposing to waterproof a portion of the Odor Control area’s block walls to provide additional protection from flooding.

4. The Project includes the construction of upgraded replacement force mains, which run from the Property onto the western side of the Bay Bridge through micro-tunneling. The new force mains are an upgrade to aging infrastructure that will better serve the surrounding area and is screened from public view within an existing vault. The existing 13-52
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vault, which is located on both the public right -of-way and private property, is to be abandoned in place. The public right -of-way area where the new vault is proposed includes new landscaping to further enhance the area for pedestrians, motorists, and nearby residents.

5. The Applicant submitted a Construction Management Plan (“CMP”) prepared by Arcadis U.S., Inc., dated October 2023, which documents the construction phase implementation, construction requirements and quality control, and traffic control associated with the construction of the Project. The CMP discusses construction easements at the Property for construction access as well as offsite staging areas at Lower Castaways Park and the Orange County Sanitation District Plant No. 2 in Huntington Beach. A Temporary License Agreement was approved by City Council on September 12, 2023, allowing for the siting of office trailers, temporary staging and storage of construction equipment and materials, and the parking of vehicles to support the Project during construction. The agreement is for a limited basis only and includes a term until December 31, 2028, or the completion of the Project, whichever first occurs. The CMP also includes a Traffic Control Plan which includes closing of necessary sidewalks during construction hours and re-opening during non-working hours. The Traffic Control Plan has been reviewed by the City’s Public Works department and has been determined to be sufficient to minimize traffic impacts during the construction period.

6. The Property is located in an area known for the potential of seismic activity and liquefaction and is required to comply with the California Building Code (“CBC”) and City’s Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC requirements prior to building permit issuance.

7. The Property is located on East Coast Highway between Bayside Drive and the Back Bay Bridge. East Coast Highway and Bayside Drive (south of East Coast Highway) are identified as a Coastal View Roads by the CLUP. The Property currently includes multiple pump station buildings, visible mechanical equipment, security block walls and vegetation which impair the view of the back bay. This specific pump station has existed since its original construction in 1966. Additionally, the adjacent Recreational Vehicle Storage parking lot includes many recreational vehicles which also impair the view of the bay. The Project includes a 22-foot high electrical and generator room above a subterranean pump room on the west of the property. There is also a 15.5-foot-high odor control building to the east of the property. Site walls are proposed for security purposes but do not exceed the height of the proposed buildings. From East Coast Highway, the Project does not impair the existing view of the bay and maintains a view of the Back Bay bluff to the north. Two nearby Public Viewpoints are identified as part of a pedestrian trail at Castaways Park, located approximately 1,500 feet northwest of the Property. When viewing the Property from Castaways Park, East Coast Highway, the Back Bay Channel and marina, and Recreational Vehicle Storage are within immediate view, while a commercial shopping center and Promontory Point residences are located further east across East Coast Highway. Although the Project proposes to replace the existing pump station buildings with taller buildings, the 13-53
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views from Castaways Park are mostly unchanged. Parts of East Coast Highway may be impaired by the new structures, but the marina, commercial shopping center, and Promontory Point are not affected by the Project. The Project does not interfere with any of the identified Public Viewpoints due to the large distances from them. The Project may be in the distant viewshed of the Public Viewpoints but will not interfere with the public views that are currently provided.

8. Under Municipal Code Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75% of impervious surface area, a Water Quality and Management Plan (WQMP) is required. The Applicant submitted a Non -Priority Project Water Quality Plan (“NPP”), prepared by Arcadis U.S., Inc., and dated October 17, 2023. An NPP is required for new development or significant redevelopment projects that do not meet the criteria for Priority Projects as defined by the County’s Model WQMP, but instead qualify as Non -Priority Projects as defined in the Drainage Area Management Plan. The NPP provides stormwater Best Management Practices (“BMPs”) that are planned for controlling discharges of pollutants from the Project.

Finding:

I. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone.

Fact in Support of Finding:

1. The Property does not currently provide nor inhibit public coastal access. The Property is located in close proximity to potential lateral access to the Back Bay Channel , as designated by the CLUP . The lateral access is a small beach located along the Back Bay Landing property, which is ranges from 250 feet north and 550 feet west from the Property. The Project consists of the replacement of an existing pump station with an upgraded pump station . Access to the bay remains available Back Bay Landing .

Therefore, the Project will not impact public access to local coastal resources.

2. The Project includes installation of force mains in a new subterranean utility vault within a small portion of the public right -of-way area on the southwestern side of the Bay Bridge. This public-right-of-way includes an existing fence which leads to a wal kway to the north side of the bridge. There is no direct access to the water in the area of the vault and therefore the Project does not affect public access in this location.

3. The Project includes temporary construction staging at Lower Castaways Park, which is approximately 1,100 feet west of the Property, and across the Bay Bridge. Lower Castaways Park is not identified as a Public Park by the CLUP. The construction staging is temporary for the du ration of construction for the Project, as stipulated by the Temporary Lease Agreement between the City and the Applicant. The temporary construction staging does not alter access to the bay . The Applicant is only using a portion of the park, which has been historically used for construction staging and off-site 13-54
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parking since the City acquired the property. The staging site is buffered and screened from adjacent right of ways by existing landscaping which is to remain. The portion of the Staging Area that is open and available for public parking and access is not affected by the Project. The public a ccess for small vessel launching into the bay is also unaffected.

SECTION 4. DECISION.

NOW, THEREFORE, BE IT RESOLVED:

1. The Planning Commission of the City of Newport Beach hereby finds this Project complies with the California Environmental Quality Act as it is consistent with the certified EIR for Project No. 5 -67, also known as the Bay Bridge Pump Station and Force Mains Replacement Project as approved by the Orange County Sanitation District , and the subsequent certified Addendum to the EIR.

2. The Planning Commission of the City of Newport Beach hereby approves a Major Site Development Review and Coastal Development Permit, subject to the conditions set forth in Exhibit “F,” which is attached hereto and incorporated herein by reference.

3. This decision shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code . Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the NBMC and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the California Public Resources Code.

PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF JANUARY, 2024.

AYES: Ellmore, Harris, Rosene, and Salene

NOES: Langford and Lowrey

RECUSED: Barto

ABSENT:

BY:_________________________
Curtis Ellmore, Chairman

BY:_________________________
Tristan Harris, Secretary

DocuSign Envelope ID: FB7E1031-6092-4360-8FB9-D97AFC201580 13-55
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Attachments: Exhibit A – Legal Description
Exhibit B – EIR No. 5-67
Exhibit C – OCSD’s Return on Peremptory Writ of Mandate on OCSC Case No. 30-2021-01194238 including Court’s Order
Exhibit D - Addendum to EIR No. 5-67
Exhibit E - Stipulation Discharging the Peremptory Writ of Mandate and Dismissing Orange County Superior Court Case No. 30-2021- 01194238
Exhibit F - Conditions of Approval
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EXHIBIT “A”

Legal Description

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1 2
3 4
5 6
EXHIBIT "A-1"

LEGAL DESCRIPTIO
PARCEL 5-67-01 (FE )

ORANGE COUNT ANITATIO DI TRICT
7 B Y BRIDGE PUMP T TIO
8 9 That certain parcel of land situated in the City of Newport Beach, County of Orange tate of 10 California, being that portion of Parcel 3 of Parcel Map o. 93-111 filed in Book 278, Pages 11 40 through 45 of Parcel Maps in the Office of the County Recorder of said Orange County, 12 described as follows:
13 14 CO MME ING at the easterly tenninus of that certain course in the centerline of the East 15 Coast Highway shown as "North 87°36' -8 ' West 160.15 feet ' on said Parcel Map o. 93-111 16 said point also being marked with a "spike and washer tagged DOH per Caltrans F.B. SR. 17 81-115/l l" persaidParcel ap o. 93-111;
18 thence along said centerline North 87°36 58" West 160.15 feet to the northwesterly terminus 19 thereof, said point also being marked with a spike and washer tagged DOH per Caltrans F.B. 20 R. 81-115/11 " per said Parcel Map o. 9.., - 11 1;
21 thence leaving said centerline at right angles orth 02°23 '02" EaS1 85.94 feet to a line shown 22 as ' orth 87°36' 16" West 123.34 feet'' in the southerly boundary of said Parcel 3, said line 23 al o being the northerly Right-of-Way line of tbe East Coast Highway as shown on said Parcel 24 Map No. 93-11 and also shown on a Caltrans Right-of-Way Map o. 25491-C for 07-ORA-l 25 18.3;
26 thence along said southerly line of Parcel 3 orth 87°36' 16" West 65.10 feet to the intersection 27 of the southerly boundary of said Parcel 3 and the easterly line of Parcel 1 Dedicated to the 28 Orange County Sanitation District in a docwneot recorded September 10, 1965 in Book 7661, 29 Page 741 of Official Records, in the Office of said range County Recorder, said point also 30 being the TRUE POINT OF BEGINNI G;
31 thence orth 13 °3 9' 41" East 71.3 2 feet;
32 thence orth 76°24'23" West 173.32 feet;
33 thence South 13°39'46" West 79.83 feet to a line shown as "North 66°24'24" West 284.74 34 feet" in said southerly boundary of Parcel 3;
35 thence along ! aid southerly boundary of Parcel 3 the following six (6) courses:
36 (1) outh 66°24'24" East 8.72 feet to an angle point therein; 37 (2) South 73°06'54" East 43.65 feet to an angle point therein; 38 (3) South 83°06'23" East 60.83 feet to an angle point therein; 39 (4) orth 01 °46'1 O" West 60.00 feet to an angle point therein- 40 (5) orth 88°13' 14" East 60.00 feet to an angle point therein;

Page 1 ends

OC SAN 22-03-8
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ORA GE CO TY ANlTATIO DI TRJCT
BAYBRIDGEP MP TATlO
PARCEL 5-67-01 (FEE)
41 (6) South 01 °46'46 " East 70.87 feet to an angle point therein to the TRUE POINT OF 42 BEGINNING.
43 44 CO TAINING: 9 713 Square Feet more or less.
45 46 EXHIBIT "A-2" attached and by this reference made a part hereof. 47 48
49 50
51 52
53 54
55 ~ C. Slocum P.L . . 9044
56 57 Michael Baker International
58 5 Hutton Centre Drive, uite 500
59 Santa
Ana, California 92707
60 Project o. 163755
08/17/2021
Date
61 H:\pdota\163755\C ADD\Mapping\Exh ,bus\P ump Station Legals and Exhib1ts\Leglllll 63755-00AI - Legal Fee Porcel docx

Page 2 ends

OC SAN 22-03-9
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RECORD REFERENCES:

RI CALTRANS RIGHT-a'-WAY MAP t-.0. 25491-C.
\
R2 PARCEL MAP 00. 93-111. P.IU . 278/40-45.

NEWPORT
UPPER BAY \
EXHIBIT "A-2'
SKETCH TO NXDIE¥H'f A
I.EGAI. IEICRIPTION F<lR
\
\
\ \
\
SPIKE A/fl WASl£R
"OOH" PER CALTRANS ' - -
FB . 81- 15/11 AW PM
93-111. P .M.B.
278/40-45
N87" 36 • sa·w
160. 15'
\ (R2)
P.O.C.

SHEETINOEX

ORANGE COUNTY SANITATION DISTRICT
BAY BRIDGE PUMP STATION 0 IN'.llCATES Sl£ET ~
PARCEL 6-67-01 (FEE)
CONTAINING: 9,713 S.F. MORE OR LESS
\\rl'tlCl,81.-JMIIJIDJIP~ U\~11'!\"\W StAfl<M ~ .IICI Olftaff\~ • ONJell m: t#IIIl..OIC CXMtl[.MIIJT" ti.,..,. «31 llllf
\DE DRIVE
--
Ster 1 OF 2 SHEETS
Michael Baker

I NTERNAT I ONAL
5 Hutton Centre Drive, Suite 500
Santa Ma, CA 92707
(949) 472-35-05 · MBAKERI .COM
AUlmT lJ, 2021 ..N 163755
QC SAN 22-03-1 0
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Planning Commission Resolution No. PC2024-002

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---
re
VARIES
S66'24°24"E 8 .72 '
VARIES
{R2) S73' 06'54 "E 43 .65 '
m
~ ..,.n -cJ)
0~ -I --o"' ~ ~ (")
~\ (R2) S8J"06'2>"E 60.8.l '
t..\ ~~ o
"'•~ S'LY LIi£ CF PARCEL 3 CF ~ \ ~ 'N P.M. t-ll . 93-11 1, P.M.B. - .,._ u, .!... 278/40-',5 00 N'LY R.O.W.
?- ~ ~ S LIi£ CF EAST COAST HIGHWAY
~ PER CALTRANS R.O.W. MAP
--o ~ :C 8. 00. 25491-C S:io co- ~ -I G) ,~,
·,~~ i.\
~ "r ..:::.
"'- ~
:.<.

SPIKE f,J',(J WASf£R 'OCH' PER
CALTRANS FB . SR- 81-115/11
f,J',(J P.M. 00. 93-111. P.M.B.
\
278/40-45
\
T.P.O.B.

EXHIBIT 'A-2"
Sl<ETQi lONXt:11/l'Nff A
LEG,t,L oescRIPT1CII FOR
P.O.C.

PARCEL 1
S13'39 ' 46"W
79 .83'
PARCEL 5-67-01
(FEE)
S 'LY LIi£ OF PARCEL 3 CF PM
93-111, P.M.B. 278/40--45
00 N'LY RIGHT--<F- IIAY LIi£

CF EAST COAST HIG-MAY PER

CALTRANS RIGHT CF WAY MAP
00 . 25491-C
st£ET 2 OF 2 SHEETS
Michael Baker

ORANGE COUNTY SANITATION DISTRICT

BAY BRIDGE PUMP STATION
PARCB. 5-67~1 (FEE)
SP ll<E 00 WASHER "CJOi' PER
CALTRANS FB . SR-81-115/11
!HJ P.M. NO . 93-111.

INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
(949) 472-3505 · MBAKERINTLCOM
CONT~ING: 9,713 S.F. MORE OR LESS P .M.8. 278/40--45
\\JM CA,V"Sl.ao..,.,..,_~A \~IJII.\.DNIIT"ftlU# CfATIO. ~ #0 t»fttm\~ - Ellt!IJl fll Nm..S O)ME, lilltll(TT 1/a/'ml <11:31 1"111
Al.GUST 13. 2021 ..N 163755
QC SAN 22-03-11
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Planning Commission Resolution No. PC2024-002

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EXHIBIT “B”

EIR No. 5-67

Available separately due to bulk at:

https://www.ocsan.gov/home/showpublisheddocument/21159/636976643775800000

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Planning Commission Resolution No. PC2024-002

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EXHIBIT “C”

OCSD’s Return on Peremptory Writ of Mandate on OCSC Case No. 30-2021-01194238 including Court’s Order

Available separately due to bulk:

https://ecms.newportbeachca.gov/WEB/DocView.aspx?dbid=0&repo=CNB&id=2938615

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EXHIBIT “D”

Addendum to EIR No. 5-67

Available separately due to bulk at:

https://www.ocsan.gov/home/showpublisheddocument/34145/638253730131970000

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EXHIBIT “E”

Stipulation Discharging the Peremptory Writ of Mandate and Dismissing Orange County Superior Court Case No. 30-2021-01194238

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Fee Exempt Per Gov. Code § 6103
1 WOODRUFF & SMART, APC
BRADLEY R. HOGIN - State Bar No. 140372
2 [email protected]
RICIA R. HAGER - State Bar No. 234052
3 [email protected]
555 Anton Boulevard, Suite 1200
4 Costa Mesa, CA 92626-7670
Telephone: (714) 558-7000
5 Facsimile: (714) 835-7787
6 Attorneys for Respondent ORANGE COUNTY SANITATION DISTRICT et. al. 7 8 SUPERIOR COURT FOR THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
10 11
12 13
14 15
16 17
18 19
20 21
22 This stipulation is entered into between the parties through their respective counsel as 23 follows:
24 RECITALS
25 WHEREAS, on February 7, 2023, the Court entered a Peremptory Writ of Mandate in 26 this matter;
27 WHEREAS, on July 27, 2023, Respondent Orange County Sanitation District timely 28 filed a Return on the Peremptory Writ of Mandate (the “Return”); 1 STIPULATION DISCHARGING THE PREEMPTORY WRIT OF MANDATE AND DISMI SSING THE CASE; [PROPOSED] ORDER 1786198.1

WOODRUFF, SPRADLIN
& SMART

ATTORNEYS AT LAW

COSTA MESA

BAYSIDE VILLAGE MARINA, LLC,
Petitioner,
v.

ORANGE COUNTY SANITATION
DISTRICT; ORANGE COUNTY

SANITATION DISTRICT BOARD OF
DIRECTORS; AND DOES 1-25,

INCLUSIVE,
Respondents.

CASE NO.: 30-2021-01194238

ASSIGNED FOR ALL PURPOSES TO

THE HONORABLE WILLIAM

CLASTER
DEPARTMENT: CX104

STIPULATION DISCHARGING THE

PEREMPTORY WRIT OF MANDATE
AND DISMISSING THE CASE;
[PROPOSED] ORDER
HEARING DATES PENDING:

Type: Hearing on Writ Return
Date: November 3, 2023
Time: 10:30 a.m.

Dept: CX104
DATE ACTION FILED: April 19, 2021
TRIAL DATE: None
Electronically Filed by Superior Court of California, County of Orange, 08/28/2023 03:49:00 PM. 30-2021-01194238-CU-WM-CXC - ROA # 226 - DAVID H. YAMASAKI, Clerk of the Court By G. Hernandez, Deputy Clerk. 13-66
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1 WHEREAS, Petitioners previously requested, and the Court set, a hearing on the 2 Return for November 3, 2023;
3 WHEREAS, the parties now agree that the Peremptory Writ of Mandate should be 4 discharged;
5 WHEREAS, the parties agree the hearing set for November 3, 2023 should be 6 vacated; and
7 WHEREAS, the parties agree that the case should be dismissed. 8 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED:
9 1. The Peremptory Writ of Mandate should be discharged. 10 2. The November 3, 2023, hearing date should be vacated. 11 3. This case should be dismissed.
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 2
STIPULATION DISCHARGING THE PREEMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER 1786198.1

WOODRUFF, SPRADLIN
& SMART

ATTORNEYS AT LAW

COSTA MESA
DATED: August 28, 2023 WOODRUFF & SMART, APC
By:/s/ Bradley R. Hogin
BRADLEY R. HOGIN
RICIA R. HAGER
Attorneys for Respondents ORANGE COUNTY
SANITATION DISTRICT and ORANGE

COUNTY SANITATION BOARD OF

DIRECTORS
DATED: August 24, 2023 NOSSAMAN LLP
By:

JOHN P. ERSKINE
JOHN J. FLYNN III
Attorney for Petitioner BAYSIDE VILLAGE

MARINA, LLC
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1 [PROPOSED] ORDER
2 The parties having entered into a written stipulation and good cause appearing 3 therefore, IT IS HEREBY ORDERED that:
4 1. The Peremptory Writ of Mandate issued in this case on February 7, 2023 is 5 hereby discharged.
6 2. The hearing on the Return on the Peremptory Writ of Mandate set for 7 November 3, 2023, is hereby vacated.
8 3. This case is dismissed.
9 10 DATED: 08/28/2023
12 HON. WILLIAM CLASTER
13 JUDGE OF THE SUPERIOR COURT
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 1
STIPULATION DISCHARGING THE PREEMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER 1786198.1

WOODRUFF & SMART

ATTORNEYS AT LAW

COSTA MESA
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1 STATE OF CALIFORNIA, COUNTY OF ORANGE
2 I am over the age of 18 and not a party to the within action; I am employed by 3 WOODRUFF, SPRADLIN & SMART in the County of Orange at 555 Anton Boulevard, Suite 1200, Costa Mesa, CA 92626-7670.
4 On August 28, 2023. I served the foregoing document(s) described as 5 STIPULATION DISCHARGING THE PEREMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER
6  by placing the true copies thereof enclosed in sealed envelopes addressed as stated on 7 the attached mailing list;
8  by placing  the original  a true copy thereof enclosed in sealed envelopesaddressed as follows:
9  (BY MAIL) I placed said envelope(s) for collection and mailing, following ordinary 10 business practices, at the business offices of WOODRUFF, SPRADLIN & SMART,and addressed as shown on the attached service list, for deposit in the United States 11 Postal Service. I am readily familiar with the practice of WOODRUFF, SPRADLIN& SMART for collection and processing correspondence for mailing with the United 12 States Postal Service, and said envelope(s) will be deposited with the United StatesPostal Service on said date in the ordinary course of business. 13  (BY OVERNIGHT DELIVERY) I placed said documents in envelope(s) for 14 collection following ordinary business practices, at the business offices of WOODRUFF, SPRADLIN & SMART, and addressed as shown on the attached 15 service list, for collection and delivery to a courier authorized by _GLS to receive said documents, with delivery fees provided for. I am readily familiar with the practices of 16 WOODRUFF, SPRADLIN & SMART for collection and processing of documents for overnight delivery, and said envelope(s) will be deposited for receipt by _GLS on 17 said date in the ordinary course of business.
18  (BY ELECTRONIC SERVICE) I caused the above-referenced document to be transmitted to the interested parties via electronic mail as stated on the attached 19 Service List.
20  (BY PERSONAL SERVICE) I delivered such envelope(s) by hand to the offices of the addressee(s).
21  (State) I declare under penalty of perjury under the laws of the State of California 22 that the above is true and correct.
23 Executed on August 28, 2023, at Costa Mesa, California. 24 25 /s/ Katie E. Kane
Katie E. Kane
26 27
28 2
STIPULATION DISCHARGING THE PREEMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER 1786198.1

WOODRUFF & SMART

ATTORNEYS AT LAW

COSTA MESA
13-69
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1 BAYSIDE VILLAGE MARINA, LLC V. ORANGE COUNTY SANITATION DISTRICT ET. AL.
2 CASE NO. 30-2021-01194238
3 SERVICE LIST
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 3
STIPULATION DISCHARGING THE PREEMPTORY WRIT OF MANDATE AND DISMISSING THE CASE; [PROPOSED] ORDER 1786198.1

WOODRUFF & SMART

ATTORNEYS AT LAW

COSTA MESA

NOSSAMAN LLP
John P. Erskine, Esq.
[email protected]
John J. Flynn III, Esq.
[email protected]
18101 Von Karman Ave. Suite 1800
Irvine, CA 92612
Telephone: 949-833-7800
Facsimile: 949-833-7878
Attorneys for Petitioner
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Planning Commission Resolution No. PC2024-002

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EXHIBIT “F”

CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division

1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval).

2. The Project is subject to all applicable City ordinances, policies, a nd standards unless specifically waived or modified by the conditions of approval.

3. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this Major Site Development Review, Conditional Use Permit, and Coastal Development Permit.

4. The major site development review and coastal development permit shall expire unless exercised within 24 months from the date of approval as specified in Sections 20.54.060 and 21.54.060 of the Newport Beach Municipal Code unless an extension is otherwise granted.

5. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require an amendment to this Major Site Development Review and Coastal Development Permit or the processing of a new Site Development Review and Coastal Development Permit.

6. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division a nd field sets of plans before issuance of the building permits.

7. Prior to construction, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought-tolerant plantings and water-efficient irrigation practices, and the plans shall be approved by the Planning Division.

8. All landscape materials and irrigation systems shall be maintained by the approved landscape plan . All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing , and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance.

9. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director 13-71
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of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environm ental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.

10. Prior to construction, the applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are “1” or less at all property lines.

11. All exterior lighting shall be shielded with light rays confined within the boundaries of the Property. Site lighting shall not create a public nuisance by shining onto public streets or adjacent sites.

12. All mechanical equipment and trash areas shall be f ully screened from view from East Coast Highway, Bayside Drive, and the surrounding properties (including from above) and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code.

13. The odor control room shall be screened with louvers. The mechanical equipment shall be screened from view of future adjacent residents.

14. Site lighting shall be designed so light generated on -site does not spill on to adjoining properties or rights-of-way. On-site lighting shall be designed so that light sources are not visible from East Coast Highway, Bayside Drive, or from adjacent properties.

15. Prior to construction, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division.

16. All noise generated by the proposed use shall comply with the provisions of Chapter

10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shal l be limited to no more than depicted below for the specified periods unless the ambient noise level is higher:

Between the hours of 7:00 AM
and 10:00 PM
Between the hours of 10:00
PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA

17. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self -latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies.

The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes.
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18. The exterior of the Project shall be always maintained free of litter and graffiti. The owner or operator shall provide for daily removal of trash, litter debris , and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.

19. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements).

20. Deliveries and refuse collection for the facility shall be p rohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this approval.

21. Prior to construction, a waterproofing curb or similar design feature shall be constructed around the proposed structures as an adaptive flood protection device based on the State of California’s Sea Level Rise Guidance H++ Scenario, per the approved plans and Coastal Hazards Report dated October 2023 . Flood shields (sandbags and other methods) can be deployed across the openings to protect and prevent flooding to the structure.

22. Prior to construction, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the development.

23. This approval does not authorize any new or existing improvements (including landscaping) on California Coastal Permit Jurisdiction, State tidelands, or public beaches. Any improvements located on tidelands, submerged lands, and/or lands that may be subject to the public trust shall require a coastal development permit (CDP) approved by the California Coastal Commission (Coastal Commission). Prior to construction, the applicant shall provide a copy of said coastal development permit or CDP waiver or documentation from the Coastal Commission that subject improvements are not subject to the permit requirements of the Coastal Act and/or not located within the permit jurisdiction of the Coastal Commission.

24. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter the sensitive habitat, receiving waters, or storm drains or result in impacts to environmentally sensitive habitat areas, streams, the 13-73
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beach, wetlands or their buffers. No demolition or construction materials shall be stored on public property.

25. The applicant is responsible for compliance with the Migratory Bird Treaty Act (MBTA).

In compliance with the MBTA, grading, brush removal, building demolition, tree trimming, and similar construction activities shall occur between August 16 and January 31, outside of the peak nesting period. If such activities must occur inside the peak nesting season from February 1 to August 15, compliance with the following is required to prevent the taking of native birds under MBTA:

A. The construction area shall be inspected for active nests. If birds are observed flying from a nest or sitting on a nest, it can be assumed that the nest is active. Construction activity within 300 feet of an active nest shall be delayed until the nest is no longer active. Continue to observe the nest until the chicks have left the nest and activity is no longer observed. When the nest is no longer active, construction activity can continue in the nest area.

B. It is a violation of state and federal law to kill or harm a native bird. To ensure compliance, consider hiring a biologist to assist with the survey for nesting birds, and to determine when it is safe to commence construction activities. If an active nest is found, one or two short follow-up surveys will be necessary to check on the nest and determine when the nest is no longer active.

26. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented before and throughout th e duration of construction activity as designated in the Construction Erosion Control Plan.

27. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed i n confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible.

28. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stockpiles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway.

29. Trash and debris shall be disposed of in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed of in adequate disposal facilities at a legal disposal site or recycled at a recycling facility.

30. The Applicant shall comply with all mitigation measures contained within the approved Mitigation Monitoring and Reporting Program of the Bay Bridge Pump Station and Force Mains Replacement Project Environmental Impact Report No.5-67 (SCH2016111031).

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31. At the request and to the satisfaction of the Community Development Director, the Applicant shall make future alterations to the exterio r façade for consiste ncy and compatibility with the architecture of a future approved Back Bay Landing mixed -use project.

32. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Back Bay Pump Station Replacement including, but not limited to, a major site development review, conditional use permit, and coastal development permit (PA2023-0076). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit , or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition.

Fire Department

33. Premise identification shall be provided per the Newport Beach Fire Department guidelines.

34. A knox box for emergency access shall be provided.

35. NFPA 704 Placarding for onsite hazards shall be provided.

Public Works Department

36. The Traffic Control Plan shall be further review and approved by the City of Newport Beach and Caltrans prior to construction.

37. All work within Caltrans right-of-way requires an encroachment permit from Caltrans.

38. The Applicant shall comply with the approved Construction Management Plan and Traffic Control Plan. Any deviations to these plans shall be reviewed and approved by the Public Works Director prior to implementation.

39. The Applicant shall maintain all landscaping in the public right -of-way adjacent to East Coast Highway, to the satisfaction of the Public Works Director.

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40. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code. Noise -generating construction activities shall be consistent with a Traffic Management Plan and Construction Management Plan approved by the Public Works Director.

41. All conditions and provisions stated in the Temporary, Non -Exclusive and Revocable License Agreement Between the City of Newport Beach and the Orange County Sanitation District for Use of City Property shall be adhered to.

42. The construction staging area at Lower Castaways park shall not impact the public’s ability to access designated public parking.
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Attachment D
Planning Commission Staff Report from January 18, 2024 (No Attachments) 13-77
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CITY OF NEWPORT BEACH

PLANNING COMMISSION STAFF REPORT
January 18, 2024
Agenda Item No. 3
SUBJECT: OCSD Bay Bridge Pump Station (PA2023-0076)
▪ Major Site Development Review
▪ Coastal Development Permit
SITE LOCATION: 250 East Coast Highway and 100 Dover Drive APPLICANT: Orange County Sanitation District
OWNER: Orange County Sanitation District
PLANNER: David Lee, Senior Planner
949-644-3225, [email protected]

PROJECT SUMMARY
A major site development review and coastal development permit to allow the demolition of an existing pump station (approximately 4,800 square feet) and associated force mains and construction of a new pump station (approximately 7,500 square feet) and associated force mains at 250 East Coast Highway . Additionally, the project includes a temporary construction staging area at Lower Castaways Park at 100 Dover Drive (Lower Castaways Park).

RECOMMENDATION
1) Conduct a public hearing;
2) Find this project complies with the California Environmental Quality Act as it is consistent with the certified EIR for Project No. 5 -67, also known as the Bay Bridge Pump Station and Force Mains Replacement Project as approved by the Orange County Sanitation District, and the subsequent certified Addendum to the EIR; and 3) Adopt Resolution No. PC2024-002 approving a Major Site Development Review and Coastal Development Permit (PA2023-0076) (Attachment No. PC 1). 13-78
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Page 2 ends

VICINITY MAP

GENERAL PLAN ZONING

LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Mixed-Use Water 2 (MU-W2) Back Bay Landing (PC-9) OCSD Bay Bridge Pump Station NORTH MU-W2 PC-9 RV and Boat Storage and Marina
Parking
SOUTH Recreational and Marine
Commercial (CM)
Commercial Recreational
and Marine (CM) Balboa Marina
EAST Multiple Residential (RM) Bayside Village Mobile
Home Park (PC-1) Mobile Home Park
WEST MU-W2 PC-9 RV and Boat Storage and Marina
Parking
Bay Bridge
Pump Station
Construction Staging Area
(Lower Castaways Park)
New force
main vault
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INTRODUCTION

Project Setting and Background

The subject property is located on East Coast Highway between Bayside Drive and the Bay Bridge. Adjacent to the property is the Bayside Village Marina, which includes visitor serving uses (i.e. Pearson’s Port seafood market and Southwind Kayak rentals), recreational vehicle and boat storage, and marina parking lot. This adjacent property is intended to be developed with a f uture mixed-use waterfront village in accordance with Back Bay Landing Planned Community Development Plan ( PC-9)1. Additional surrounding uses include the B ayside Village Mobile Home Park to the north and east across Bayside Drive, a restaurant (Sol Mexican Cocina) and the Balboa Marina to the south across East Coast Highway, and various commercial uses to the southeast including a gas station, shopping center, and automobile dealerships.

The property consists of an existing wastewater pump station known as the Bay Bridge Pump Station (BBPS), which was constructed in 1966 and has been operated by the Orange County Sanitation District (OCSD) (Figure 1, below). The existing BBPS includes two single-story buildings, a perimeter wall with a vehicular access gate from East Coast Highway, and outdoor mechanical equipment that is not screened from public view. The BBPS also includes force mains which tunnel under th e bay to the western side of the Bay Bridge into an existing vault that straddles the public right -of-way and private property. OCSD has aging infrastructure throughout the City of Newport Beach (City) and frequently undertakes projects to repair or replace sewer main lines, pump stations, and other equipment. In 1995, OCSD upgraded the BBPS with new pumps, piping and ventilation, and in 2014, added an additional pump for increased capacity and reliability.

The existing pump station is over 50 years old and requires replacement to serve the city.

The station pumps wastewater flow generated by residents and businesses west of Newport Bay, including Balboa Island and Crystal Cove , and ultimately to a wastewater treatment facility located in the City of Huntington Beach.

The project also includes a temporary construction staging area proposed at Lower Castaways Park at 1100 Dover Drive . Lower Castaways is a City -owned park that is approximately four acres, located directly north of West Coast Highway and directly east of Dover Drive. Castaways Park, which is a larger, approximately 16-acre park, is located directly to the north. Lower Castaways is improved with public parking spaces and is used as access to the bay for boat launching , but is also utilized for temporary construction staging and parking to accommodate public works and/or large construction projects .

While the property is zoned under the Castaways Marina Planned Community Text (PC- 37) and was originally intended to be developed as a commercial marina with boat slips by the prior property owner , the property was dedicated to the City in 2008 as a public

1 PC-9 was amended by the City Council on Amended 26, 2016 through Ordinance 2016-8. Since the approval of the City Council was legislative only, a future site development review and coastal development permit is required for the Back Bay Landing mixed-use village project to be implemented. 13-80
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benefit. The City is investigating opportunities to further develop the site recreational and marine related uses.

Figure 1: Existing Bay Bridge Pump Station

While the existing property is 4,879 square feet in area, OCSD is acquiring an additional 9,713 square feet of land from the adjacent property at 100 Bayside Drive, which is the site of the future Back Bay Landing Mixed -Use Village. The acquisition, which is for the purpose of constructing a larger pump station facility, is a result of an eminent domain case wherein OCSD has secured an order of immediate posses sion expand ing the property to a total area of 14,592 square feet. A lot line adjustment is not required, as OCSD will record a final order of condemnation at the end of the eminent domain case, which will have the effect of creating the new parcel boundaries and will be recorded with the County Assessor’s Office.

Project Description

In order to upgrade the aging BBPS, OCSD requests a major site development review and coastal development permit for the following:

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Figure 2: Proposed Pump Station Site Rendering

Figure 3: Location of Proposed Force Mains in Red

3. The temporary use of a portion of the City -owned Lower Castaways Park as a construction staging yard. OCSD proposes to use approximately 18,000 square feet of the southwest corner of Lower Castaways Park, which is to be fenced and screened. This allows the Applicant to temporary locate office trailers, stage and store construction equipment and materials, and provide vehicle parking.

Project Plans are provided in Attachment No. PC 7. The project is subject to review and permitting approval by numerous agencies including the Orange County Sanitation District, Caltrans, California Coastal Commission (CCC), California State Lands Commission, Electrical Room
Generator Room
Odor Control
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California Department of Fish and Wildlife, National Marine Fisheries Service, Army Corps of Engineers, Santa Ana Regional Water Quality Control Board, private property owners, and the City. Since a significant portion of the new force mains are proposed to be constructed in tidelands and in CCC permit juri sdiction, OCSD must obtain a separate coastal development permit from the CCC. All portions of the Project located in the City’s permitting jurisdiction, including the pump station site at 250 East Coast Highway and the proposed temporary construction staging area at 100 Dover Drive, are located within the coastal zone and therefore, the project requires a coastal development permit.

DISCUSSION

Analysis

General Plan, Zoning Code, and Local Coastal Program

250 East Coast Highway – BBPS Site

The property at 250 East Coast Highway is categorized as Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element, which is applied to waterfront locations in which marine related uses may be intermixed with buildings that provide residential on the upper floors. The property is a part of Anomaly 80 of the General Plan Land Use Plan. Anomaly 80 includes the 250 East Coast Highway as well as 100 Bayside Drive, which is the site of the future Back Bay Landing mixed-use village project, and sets a development limit of 131,290 square feet for nonresidential development within the Anomaly. Although currently under developed, the PC-9 zoning district sets nonresidential development limits for the future Back Bay Landing development, which is 61,534 square feet for commercial and 32,500 square feet for dry stack boat storage, for a total of 94,034 square feet of future nonresidential development. The addition of the 7,244-square-foot pump station to the future Back Bay Landing mixed -use village project would result in a total of 101,278 square feet, which is within the development limit of Anomaly 80 of the General Plan Land Use Element.

The property is categorized as Mixed -Use Water Related (MU -W) by the Coastal Land Use Plan, which is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal dependent and coastal -related uses and visi tor-serving uses, as well as allow for the development of mixed -use structures with residential uses above the ground floor. Additionally, CLUP Policy 2.1.9.1 limits the maximum floor area to what is established in General Plan Land Use Element Anomaly 80, as discussed above.

The property is located in the Back Bay Landing Planned Community (PC-9) Zoning and Coastal Zoning District. Specifically, the property is categorized by PC-9 as Planning Area 1 (Mixed-Use Area) where a wastewater pump station is a permitted use. Per Section 2 of PC-9 (Development Limits and Land Use Plan), the Orange County Sanitation District wastewater pump station shall not be counted towards square footage development limits 13-83
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of the PC. Per Section 3 of PC -9 (Permitted Uses), the initial construction of any new structure, or the significant reconstruction or major addition to an existing structure requires a Site Development Review pursuant to Section VII of PC-9.

Lower Castaways Park – Temporary Construction Staging Area

Lower Castaways Park at 100 Dover Drive is designated Recreational and Marine Commercial (CM) by the General Plan Land Use Element and is located in the Castaways Marina Planned Community (PC-37) Zoning District. It is located in the coastal zone and is designated as Recreational and Marine Com mercial (CM-A) – (0.0 – 0.30 FAR) by the CLUP and is located within the Castaways Marina Planned Community (PC-37) Coastal Zoning District. OCSD is proposing to use an approximately 18,000 -square-foot portion of the 4 -acre park for temporary construction s taging purposes. Per Section IV.B (Permitted Uses) of PC-37, temporary structures and uses are listed as permitted uses.

Additionally, per Table 21.26-5 of the NBMC, temporary uses are listed as allowed uses.

Therefore, the temporary construction staging at Lower Castaways is consistent with the NBMC.

Site Development Review Findings

Pursuant to Subsection VII (C) (Back Bay Landing PCDP Implementation/Site Development Review – Findings) of the Newport Beach Municipal Code (NBMC), the Planning Commission must make the following findings before approving a Major Site Development Review:

B. The development shall not be incompatible with the character of the neighboring uses and surrounding sites.

As previously discussed, the proposed project is within the development limits of the MU- W2 and General Plan Anomaly 80, and is recognized as permitted use by PC -9. The project is consistent with the variou s development standards required by PC -9. Per 13-84
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Section IV (B) (Development Standards – Permitted Height of Structures), the maximum building height within Planning Area 1 shall not exceed 30 feet for flat roofs and 35 feet for sloped roofs. The proposed ele ctrical and generator building features a sloped roof design with parapet walls which is 22 feet high. The proposed odor control building features a flat roof design with parapet walls which is 15.5 feet high. All proposed buildings comply with the required height requirements of PC-9.

Per Section IV (A) (Development Standards – Setback Requirements), a minimum 10 - foot landscape buffer is required to be provided to the back of sidewalk, where the project provides a 10 -foot buffer only on a small portion o f the East Coast Highway frontage .

However, per Standard A.4.d of Section IV, encroachments may be permitted through a Site Development Review. While the proposed landscaping buffer does not fully meet the standard, landscape along East Coast Highway varies between approximately 9 feet and 6 feet in depth. Staff believes that this meets the intent of PC-9’s landscaping standards, which includes reflecting the project’s coastal marine location, providing creative plant combinations, installing a highly efficient irrigation system, and preserving and enhancing view corridors. The project landscaping includes low -water, drought tolerant plants including a mixture of deer grass, slipper plant, foxtail agave, and red yucca plant types located at the East Coast Highway frontage. Since the project includes property line walls along East Coast Highway for security purposes, the proposed landscape is appropriate to break up the mass of the walls and improve the overall aesthetics of the project as viewed from East Coast Highway. The proposed plants are relatively low profile in height and will not diminish any view corridors as identified in PC-9 (Figure 4, below).

Figure 4: Landscape Buffer and Building Elevation Along East Coast Highway Frontage

Section V (Design Guidelines) of PC-9 provide guidelines intended to express the desired character of the future mixed-use waterfront village that helps achieve overall consistency of architectural quality. The project is designed to fit with a coastal architectural theme of the future adjacent mixed-use village development, incorporating a modern design with a cantilevered roof overhang and an integration of materials and details inspired by the surrounding coastal context. The buildings avoid long, continuous blank walls with a 13-85
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simple façade composition of a base and top separated by different colors. The design includes a variety of colors and finishes such as stone and s tucco to reduce the visual bulk and scale of the building façade. There is a mixture of heights and roof types (sloping and flat) to create visual interest, as well as provide rhythm, dynamic building forms, and shadows (Figure 5, below).

Figure 5: Rendering of BBPS Electrical Room

While the proposed pump station is aesthetically pleasing as a standalone development, it has been designed per PC -9 design guidelines so that it would be visually compatible with the future Back Bay Landing mixed-use village. Per Section V.D.10, the pump station will be aesthetically improved with entire new buildings and perimeter walls to reflect PC- 9 design standards. The project considers future residents, businesses, and patrons of the Back Bay Landing mixed -use village by including louvers designed to conceal the odor control facility and screening for on -site mechanical equipment from above. While the new pump station buildings are 22 and 15.5 feet high, taller and large r than the existing pump station buildings, it is not out of scale with the surrounding uses and /or future adjacent developments.

The overall layout of structures is efficiently arranged on a constrained lot and is designed to accommodate service vehicle access and maneuvering requirements. Currently, vehicular access to the existing pump station is through a curb cut on East Coast Highway, followed by gates that are opened for vehicles to access. The existing access is challenging due to traffic on East Coast Highway and the necessity for vehicles to drive across the public right -of-way. While an access gate will remain adjacent to East Coast Highway, it will be used only for when access at the Bayside Drive entrance is temporarily hindered. To improve ac cess, OCSD proposes access through a permanent access easement taken through Bayside Drive and into the Back Bay Landing property at 100 Bayside Drive (Figure 6, below).

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Figure 6: Proposed Site Access Easements

The proposed project is not detrimental to the growth of the City, nor does it constitute as a hazard to the public. The existing pump station provides essential infrastructure to the surrounding community for waste management and has existed in this location for many decades. OCSD has aging infrastructure throughout the City and it is typical for utilities such as this pump station to be replaced and upgraded. The project improves an existing pump station, which serves the overall community as part of a lar ger wastewater collection system.

Unlike the existing pump station, the proposed pump station includes an odor control room that is included to mitigate potential odors from the Property. The odor control room includes treatment for both liquid and vapor phase waste. Additionally, the new pump station proposes equipment with lower noise. The highest noise producer of the project is the standby generator, which is to be used in emergency situation if there is a power outage. The generator is proposed to be enclosed in a building with sound attenuation panels and is not expected to negatively affect surrounding existing or future uses. As conditioned, the facility will need to comply with City noise standards.

OCSD has provided a Site Photometric Plan and L ighting Plans which describe the Project’s lighting around the Property. There are lights proposed to be attached to the Electrical Room, Generator Room, and Odor Control Area, with minimal lighting around the interior of the perimeter security walls. The lighting is conditioned to comply with the outdoor lighting standards of the NBMC and will not negatively affect surrounding uses.

As conditioned, the Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 13-87
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Finally, the proposed upgrade of the aging pump station is necessary for the benefit of the City. If the pump station facility were to fail, sewage would build up in upstream sewers and could result in an overflow f rom the lowest elevation manhole upstream from the property. Furthermore, backups and/or spills could occur at specific residences or businesses that have sewer laterals lower than the lowest elevation manhole. If the force mains in the bay were to fail, a sewage spill could occur into the bay.

Coastal Development Permit Findings

The BBPS property and the temporary construction staging site at Lower Castaways Park are both located within the coastal zone and require a coastal development permit. Per Section 21.52.015.F of the NBMC, the required findings t o approve a coastal development permit are as follows:

A. Conforms to all applicable sections of the certified Local Coastal Program.

B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone.

Compliance with Local Coastal Program

As previously discussed, both the BBPS property and temporary staging area are consistent with their res pective CLUP land use categories and coastal zoning districts.

The proposed pump station building heights are 22 feet (sloped roof) for the Electrical and Generator Room and 15.5 feet (flat roof) for the Odor Control Area, where PC-9 limits development to a maximum height of 30 feet for flat roofs and 35 feet for sloped roofs.

The proposed pump station, while factoring in the future Back Bay Landing mixed -use village, comply with CLUP Policy 2.1.9.1, which limits the maximum non -residential floor area to 13 1,290 square feet per General Plan Land Use Plan Anomaly 80. With the addition of the proposed 7,244 -square-foot pump station, the total projected non - residential floor area of Anomaly 80 would be 101,289 square feet.

Coastal Hazards

A Coastal Hazards R eport and Sea Level Rise Analysis was prepared by Arcadis U.S., Inc. dated October 1, 2023 (Attachment No. PC 2) . The current maximum bay water elevation is 7.7 NAVD 88 (North American Vertical Datum of 1988 (NAVD 88) Based on the State of California’s Sea Level Rise Guidance, the sea level rise for the Los Angeles region is 6.6 feet NAVD 88, under the H++ scenario , which is a projection for extreme sea-level rise. Since the pump station is considered critical infrastructure and has greater impacts than typical structures in case of failure, it is required to be analyzed under the H++ scenario. Since the life expectancy of the new pump station is approximately 50 years, the 6.6 -foot sea level rise (SLR) for the year 2080 is appropriate to use for evaluation of the project. Therefore, the sea level is estimated to reach approximately

14.3 feet NAVD 88 (7.7 + 6.6 feet NAVD 88). The finished floor elevation of the electrical 13-88
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room and entrance to the dry well is 15.5 feet, which provides more than adequate protection from sea level rise. The generator room has a finished floor elevation of 14.17 feet. While slightly under the 14.3-foot sea level rise elevation projection, the generator is proposed to be mounted on a 2-foot high fuel tank and the generator panels will be mounted 3.5 feet above the finished floor, provid ing adequate protection from flooding.

For the Odor Control area, there is a proposed finished floor elevation of 14 feet.

Equipment within the area is proposed to be mounted on pads higher than 14.3 feet NAVD 88, to protect from cases of flooding. Additionally, temporary flood barriers such as sand bags can be deployed for openings during flooding situations. Finally, the Applicant is proposing to waterproof a portion of the Odor Control area’s bloc k walls to provide additional protection from flooding.

Force Main Upgrade

The Project includes the construction of upgraded replacement force mains , which run from the Property onto the western side of the Bay Bridge through micro-tunneling. The new f orce mains are an upgrade to aging infrastructure that will better serve the surrounding area and is screened from public view within an existing vault. The existing vault, which is located on both the public right -of-way and private property, is to be abandoned in place. The public right -of-way area where the new vault is proposed includes new landscaping to further enhance the area for pedestrians, motorists, and nearby residents.

Construction Staging Area and Management Plan

The project includes temporary construction staging at Lower Castaways Park, which is approximately 1,100 feet west of the BBPS property, and across the Bay Bridge. Lower Castaways Park is not identified as a Public Park by the CLUP. OCSD submitted a Construction Management Plan (CMP) prepared by Arcadis U.S., Inc., dated October 2023 (Attachment No. PC 3), which documents the construction phase implementation, construction requirements and quality control, and traffic control associated w ith the construction of the Project. The CMP discusses construction easements at the Property for construction access as well as offsite staging areas at Lower Castaways Park and the Orange County Sanitation District Plant No. 2 in Huntington Beach. A Temporary License Agreement was approved by City Council on September 12, 2023, allowing for the siting of office trailers, temporary staging and storage of construction equipment and materials, and the parking of vehicles to support the Project during constru ction. The agreement is for a limited basis only and includes a term until December 31, 2028, or the completion of the Project, whichever first occurs.

The temporary construction staging does not alter access to the bay. OCSD is only using an approximate ly 18,000 -square-foot portion of the 4-acre park, which has been historically and consistently used for construction staging and off -site parking since the City acquired the property. The staging site is buffered and screened from adjacent rights- of-way by existing landscaping to remain. The portion of the park that is open and 13-89
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available for public parking and access will remain unaffected by the Project. The public access for small vessel launching into the bay is also proposed to be unaffected.

The CMP also includes a Traffic Control Plan which includes closing of necessary sidewalks during construction hours and re -opening during non -working hours. The Traffic Control Plan has been preliminarily reviewed by the City’s Public Works department and has been determined to be sufficient to minimize traffic impacts during the construction period. Further review of a final Traffic Control Plan is required by Condition of Approval No. 25 in the draft reso lution prior to the start of construction (Attachment No. PC 1).

Public Views

East Coast Highway and Bayside Drive (south of East Coast Highway) are identified as a Coastal View Roads by the CLUP. The BBPS property currently includes multiple pump station buildings, visible mechanical equipment, security block walls and vegetation which partially impair the view of the back bay. Additionally, the adjacent RV and boat storage parking lot includes many vehicles that also impair the view of the bay. The proposed reconstruction of the BBPS includes a 22-foot-high electrical and generator room above a subterranean pump room on the west of the property. There is also a 15.5-foot-high odor control building to the east of the property. Site walls (approximately 8 feet high) are proposed for security purposes but do not exceed the height of the proposed buildings. From East Coast Highway, the project does not significantly impair the existing view of the bay and maintains a view of the Back Bay bluff to the north (Figure 6, below).

Figure 6: Existing View (Above) and Proposed View (Below) with Northern Bluff Visible 13-90
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Two nearby Public Viewpoints are identified as part of a pedestrian trail at Castaways Park, located approximately 1,500 feet northwest of the Property. When viewing the Property from Castaways Park, East Coast Highway, the Back Bay and marina, and Recreational Vehicle Storage are within immediate view, while a commercial shopping center and Promontory Point residences are located further east across East Coast Highway. Although the Project proposes to replace the existing pump station buildings with taller buildings, the views from Castaways Park are mostly unchanged. Views to parts of East Coast Highway may be impaired by the new structures, but the marina, commercial shopping center, and Promontory Point are not affected (Figure 5, below). The project does not interfere with any of the identified Public Viewpoints due to the large distances from them. The project may be in the distant viewshed of the Public Viewpoints, but will not interfere with the public views that are currently provided. A public view impact analysis has been provided in Attachment No. PC 3.

Figure 5: View Simulation of Existing BBPS (Above) and Proposed BBPS (Below) from Castaways Park
Existing
BBPS
Proposed
BBPS
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Public Access

The BBPS p roperty does not currently provide nor inhibit public coastal access. The property is located in close proximity to future vertical and lateral access to the Back Bay, as designated by the CLUP , through the adjacent Back Bay Landing project site (once developed). The future lateral access is required to be a public bayfront promenade along the entire waterfront edge of the Back Bay Landing property connecting to other public access trails. Access to the bay remains available Back Bay Landing. The replacement of the existing pump station will not impact the future bayfront promenade and therefore, will not impact public access to local coastal resources.

The project also includes installation of force mains in a new subterranean utility vault within a small portion of the public right-of-way area on the southwestern side of the Bay Bridge (see Vicinity Map on Page 2, above). This public-right-of-way includes an existing fence which leads to a walkway to the north side of the bridge. There is no direct access to the water in the area of the vault and therefore the Project does not affect public access in this location.

As previously discussed, the temporary construction staging at Lower Castaways Park only will occupy a portion of the park and will not affect existing public parking or access to the bay.

Environmental Review

Pursuant to Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, when an Environmental Impact Report (EIR) has been certified for a project, no subsequent EIR is required unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:

i. The project will have one or more significant effects not discussed in the previous EIR;

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ii. Significant effects previously examined wil l be substantially more severe than shown in the previous EIR;

In February of 2021, the Applicant approved the Bay Bridge Pump Station and Force Mains Replacement Project (Project No. 5-67) and certified an EIR for Project No. 5-67.

On April 1, 2021, Bayside Village Marina filed a Verified Petition for Writ of Mandate against the Applicant in Orange County Superior Court alleging that the EIR failed to comply with CEQA on numerous grounds (Orange County Superior Court Case No. 30- 2021-01194238.) On December 16, 2022, the Court issued a ruling that upheld the EIR in all respects except one. Thereafter, the Court issued a limited writ directing OC Sanitation District to sufficiently identify project construction staging areas.

In response to the Court ruling, OC Sanitation District has prepared an Addendum to the EIR for the Bay Bridge Pump Station and Force Mains Replacement Project (Addendum) which was certified by OC Sanitation District Board on July 23, 2023. Specifically, th e Addendum clarifies the use of the Lower Castaways Park in the City as a construction staging area and adds a new construction staging area at OC Sanitation District’s Plant No. 2, located in the City of Huntington Beach, for soil storage/drying activitie s and determines that Project No. 5-67, as modified by the Addendum, would not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts in accordance with Section 21166 of the California P ublic Resources Code and Section 15162 of the CEQA Guidelines.

A link to both the EIR and subsequent Addendum to the EIR are included in Attachment No. PC 5 to this Staff Report.

Public Notice

Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website.

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Prepared by: Submitted by:

______________________
David Lee, Senior Planner

ATTACHMENTS

PC 1 Draft Resolution with Findings and Conditions
PC 2 Coastal Hazards Report
PC 3 Public View Analysis
PC 4 Construction Management Plan
PC 5 Environmental Impact Report and Subsequent Addendum PC 6 Applicant’s Project Description
PC 7 Project Plans

01/18/23
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Attachment E
Planning Commission Meeting Minutes from January 18, 2024 and Written Correspondence Submitted
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NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE
THURSDAY, JANUARY 18, 2024
REGULAR MEETING – 6:00 P.M.

I. CALL TO ORDER – 6:00 p.m.

II. PLEDGE OF ALLEGIANCE – Commissioner Lowrey

III. ROLL CALL

PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Brady Barto, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner David Salene

ABSENT: None

Staff Present: Assistant City Manager/Community Development Director Jurjis, Acting Deputy Community Development Director Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad Sommers, Senior Planner David Lee , Administrative Assistant Clarivel Rodriguez, and Department Assistant Savannah Martinez

IV. PUBLIC COMMENTS

Regarding the reasonable accommodation case at 1691 Orchard Drive , Jim Mosher thought the hearing officer and Planning Commission were not properly informed about the land use regulations and pre-annexation agreement that apply to Santa Ana Heights.

V. REQUEST FOR CONTINUANCES

None

VI. CONSENT ITEMS

ITEM NO. 1 MINUTES OF DECEMBER 21, 2023

Recommended Action: Approve and file

Motion made by Secretary Harris and seconded by Vice Chair Rosene to approve the minutes of December 21, 2023, including Mr. Mosher’s edits.

AYES: Ellmore, Langford, Lowrey, Harris, Rosene, and Salene NOES: None
ABSTAIN: Barto
ABSENT: None

ITEM NO. 2 MINUTES OF JANUARY 4, 2024

Recommended Action: Approve and file

Motion made by Vice Chair Rosene and seconded by Commissioner Salene to approve the minutes of January 4, 2024, with Mr. Mosher’s edits.

DocuSign Envelope ID: FB7E1031-6092-4360-8FB9-D97AFC201580 13-96
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AYES: Barto, Ellmore, Langford, Lowrey, Harris, Rosene, and Salene NOES: None
ABSTAIN: None
ABSENT: None

VII. PUBLIC HEARING ITEMS

ITEM NO. 3 BAY BRIDGE PUMP STATION (PA2023-0076)
Site Location: 250 East Coast Highway and 100 Dover Drive

Summary:

A major site development review and coastal development permit for the following:

• The demolition of an existing pump station and associated force mains and construction a new pump station (total of approximately 7,500 square feet) that includes a new underground pump room, electrical room, odor control facility, and a generator room;

• The installation of new, 30-inch dual force mains by micro-tunneling beneath East Coast Highway from the Project across the Newport Bay Channel, to a new valve vault located below grade in the public right-of-way at the southeast corner of the intersection of West Coast Highway and Dover Drive; and

• The temporary use of a portion of the City-owned Lower Castaways Park as a construction staging yard. The Applicant proposes to use approximately 18,000 square feet of the southwest corner of Lower Castaways Park, which is to be fenced and screened. This allows the Applicant to temporary locate office trailers, stage and store construction equipment and materials, and provide vehicle parking.

Recommended Actions:

1. Conduct a public hearing;

2. Find this project complies with the California Environmental Quality Act (CEQA) as it is consistent with the certified environmental impact report (EIR) for Project No. 5-67, also known as the Bay Bridge Pump Station and Force Mains Replacement Projects as approved by the Orange County Sanitation District, and the subsequent certified Addendum to the EIR; and

3. Adopt Resolution No. PC2024-002 approving a Major Site Development Review and Coastal Development Permit (PA2023-0076).

Commissioner Barto recused himself due to personal property within 500 feet of the subject property.

Senior Planner Lee used a presentation to outline the Major Site Development Review and Coastal Development Permit for the Orange County Sanitation District (OCSD) Bay Bridge pump station, including the project location, background, adjusted property lines, public views, access to DocuSign Envelope ID: FB7E1031-6092-4360-8FB9-D97AFC201580 13-97
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Newport Beach City CouncilApril 23, 2024

Newport Beach City Council
April 23, 2024