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HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach City Council Meeting June 28, 2022 July 12, 2022 Agenda Item No. 1 Motion by Council Member Brenner, seconded by Council Member Dixon, to a) reject all bids received for Contract No. 8020-6 and direct staff to return all bidders bonds; and b) direct staff to review and value engineer the design plans, and re -advertise the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot project for construction. With Mayor Muldoon recusing himself, the motion carried 6-0. XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jim Mosher encouraged Newport Beach residents to consider running for a City Council position in the November 2022 election and noted the nomination period begins July 18, 2022. An unidentified speaker expressed his opinion relative to Item 4 (Approving a Military Equipment Use Policy for the Newport Beach Police Department). Adam V-anar Bednar expressed concern over safety and increased crime on Fairhill Drive and requested assistance from the City. Kim Storm expressed concern over safety and increased crime on Fairhill Drive. Taylor Storm expressed concern over safety on Fairhileand requ a assistance from the City. Brittany Barkley expressed concern over safety on Fairhill Dri Tom Hunter relayed his experience on Fairhill Drive and Vuested assistance from the City. Dennis Bress encouraged residents to sign up for The Week In Review newsletter and suggested adding the American Rescue Funds award and uses to the newsletter. In response to Council Member Brenner's questions, City Manager Leung noted the use of Code Enforcement, the Police Department, and the Be Well Orange County Mobile Crisis Response Team to respond to the Fairhill Drive safety concerns rand noted that Deputy Police Chief Rasmussen would be the point of contact. A911h, Mayor Muldoon advised the residents on civil restraining orders. XVII. PUBLIC HEARINGS 1 18. Ordinance No. 2022 116: Amendment to The Tennis Club at Newport Beach Development Agreement No. DA2022-001 (PA2022-038) (C-5068) [381100-20221 Community Development Director Jurjis and Principal Planner Ung utilized a presentation to review the vicinity map, original Development Agreement, 2012 site plan, and the Development Agreement amendment. In response to Mayor Muldoon's questions, Principal Planner Ung clarified that the amendment to the project triggered the reconsideration of the Development Agreement and provided for the need for a short extension. Community Development Director Jurjis added that the amendment provides the City time to process the application and the original submission is not part of the approval. In response to Council Member Dixon's question, Community Development Director Jurjis clarified that the project plan has not been shared as a public item, is undergoing CEQA analysis, and while unrelated to the Housing Element, it is related to The Tennis and Pickleball Club site and will be brought to the Planning Commission and City Council upon revision completion. Volume 65 - Page 341 City of Newport Beach City Council Meeting June 28, 2022 Council Member O'Neill expressed his opinion that Development Agreement extensions are not a good idea, noted the statistical effects of the Greenlight Charter, relayed concern that no development has occurred over the past 10 years, indicated that the pickleball courts will not be saved if the amendment does not pass, and referenced the Hoag Hospital Development Agreement extension. Mayor Muldoon opened the public hearing. Robert O Hill, Golf Realty Fund, provided an overview of the project development process. Sean Abdali, owner of The Tennis and Pickleball Club at Newport Beach, noted a passionate membership and project support from Eagle Ford Four and most members. Ryan Farsai expressed support for the amendment. Dennis Bress shared an experience at a birthday party at&he Tennis and Pickleball Club, commended the operator, noted the revenue generated from urnament, and supported the project. In response to Council Member Dixon's questions, Mr. Abdali relaye that The Tennis Club is a private club with membership requirements; Prinkipal Planner Ung noted residential units and clubhouse construction public benefit fees; and Community Development Director Jurjis clarified that Council's discretion for fund allocations are typically placed in Facilities Finance Plan (FFP) accounts. IL . F In response to Council Member O'Neill's questions, Principal Planner Ung and Community Development Director Jurjis indicated that all entitlements would disappear with a lapse in the Development Agreement and would require a new application to be filed with the original and new project terms, noted the 2012 agreement terms and conversion factor memorialized through the Development Agreement, outlined the amended project scope to add one tennis court and 14 hotel units, and converting three residential units to condos, and relayed the project is subject to a new discretionary hearing and e C nmental study and that the amendment will preserve the existing entitlements. Mayor Pro Tem Blom expressed confusion over the project changes and, in response to his questioning, Robert O Hill discussed that the Development Agreement was approved 10 years ago, there is public opposition to placing apartments over the tennis property, the amendment is related to the former co-owne' misunderstanding of the sale terms, stated the tennis clubhouse, fitness center, and site plans have completed plan checks with the City and require building code improvements, and noted the benefits to the community. Hearing no further testimony, Mayor Muldoon closed the public hearing. Motion by Mayor Muldoon, seconded by Council Member Dixon, to a) find all significant environmental concerns for the Approved Project have been addressed in a previously approved Mitigated Negative Declaration No. ND2010-008 (SCH 2O10091052) and an Errata to Mitigated Negative Declaration No. ND2010-008 (together referred as "MND"), and that the City of Newport Beach intends to use said document for the proposed First Amendment to Agreement, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with the First Amendment to Agreement; and b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2022-16, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Development Agreement Between the City of Newport Beach and Golf Realty Fund (PA2022-038), and pass to second reading on July 12, 2022. Volume 65 - Page 342 City of Newport Beach City Council Meeting June 28, 2022 In response to Council Member Dixon's questions, Robert O Hill confirmed that the plan checks apply to the amended plan. Community Development Director Jurjis stated that about half of the project plans can be used for the amendment and the remaining parts will require additional information, a permit was submitted to the City for review on several occasions, and the Development Agreement expires in September 2022. Mayor Muldoon noted the support of the people through a vote, commended the Club's preservation efforts, indicated that the California Coastal Commission (CCC) likes the public use of the bungalows, and expressed interest in not wasting investments. In response to Council Member O'Neill's question, Principal Planner Ung and Community Development Director Jurjis confirmed that no Greenlight vote took place on this matter. With Council Member O'Neill voting "no," the motion carried 6-1. 19. 2022 Drinking Water Quality Report on Public Health Goals [100-20221 Utilities Director Vukojevic reviewed the 2022 drinking water q y report on public health goals, indicated that the water meets all State, County, and loca h standards, and noted no additional measures are being recommended. Mayor Muldoon opened the public hearing. Jim Mosher indicated that, while he believes the water is sa e, contaminants are included in the report and proposed a comparison to bottled water be conducted. Dennis Bress noted the benefits of automated water meters, suggested including the underground aqu-afer-aguifer replenishment system in The Week In Review, recommended the community watch the water presentation by Utilities Director Vukojevic, and encouraged everyone to conserve water. A Mayor Muldoon recognized Utilities Director Vukojevic for his work with recycled water. Utilities Director Vukojevic noted that Item 23 (Declaring No Surplus Water and a Level Two Water Supply Shortage) will address the drougot and current water situation, and reported that bottled water is regulated through the Food and Drug Administration (FDA) whereas City water is subject to Environmental,l<rotection Agency (EPA) requirements. Hearing no further testimony, Mayor Muldoon closed the public hearing. Motion by Mayor Muldoon, seconded by Council Member O'Neill, to a) determine this action is exempt from the CXfornia 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 City of Newport Beach 2022 Drinking Water Quality Report on Public Health Goals. The motion carried unanimously. XVIIL CURRENT BUSINESS 20. Tustin Avenue Trial Street Closure [100-20221 Public Works Director Webb and City Traffic Engineer Brine utilized a presentation to highlight the location map and display photos, the Newport Heights study area and trial closure data, resident input, considerations and recommendation. In response to Mayor Muldoon's question, City Traffic Engineer Brine indicated that one-way streets are communicated through street signage and road markings, and discussed challenges with additional provisions at Tustin and Ocean View Avenues. Volume 65 - Page 343 City of Newport Beach City Council Meeting June 28, 2022 Mayor Pro Tem Blom supported a trial closure at the bottom of Tustin Avenue to keep it a part of the Newport Heights area and noted challenges related to Tustin Avenue being its own neighborhood if the roadway closed completely. Dan Boyd thanked staff on the research done, opposed a full closure of Tustin Avenue, and suggested public notice include Newport Heights and Cliff Haven. Carrie Slayback thanked the City Council and staff for returning her call, supported reopening Tustin Avenue, and asked the City Council to follow staffs recommendation. An unidentified speaker supported restoring Tustin Avenue to its original traffic pattern and suggested placing a stop sign on Tustin Avenue and Cliff Drive, as well as adding a double line on Riverside Avenue and Tustin Avenue between Cliff Drive and Clay Street. Robert Clarke expressed safety concerns on Tustin Avenue and utilized a presentation to review an area map to note a blind corner, display photos of Tustin Avenut* Riverside Avenue and Cliff Drive, Riverside Avenue at Clay Street, and two automobile collisions Dale Falasco indicated that the data does not support changing Tustin iv enue. Lynn Lorenz relayed traffic accident statistics ov r the last 10 years in Newport Heights and surrounding roadways. Paula Castanon supported closing Tustin Avenue *ety concerns for pedestrian traffic. Robert Crossley supported closing Tustin Ave John and Barbara Kraus opposed closin T ue and discussed safety concerns on Riverside Avenue. Al Dave Leal discussed the report anjiWupported closing Tustin Avenue for the benefit of the entire neighborhood. Gregg Schwenk supported closing Tustin Avenue or creating a one-way traffic flow, and noted pedestrian traffic. I Summer Anderson fioted electric bike and construction traffic on Clay Street and requested safety considerations for tl}e entire neighborhood. Sara D'Elia opposed Ifosing Tustin Avenue and noted no safety issues while walking on Tustin Avenue, but parking challenges on Riverside Avenue. John 12e-AA-Kearl opposed closing Tustin Avenue. Rochelle Bowe suggested revisiting the traffic flow in the entire neighborhood. Charles Klobe, President of Newport Heights Association, suggested using law enforcement and battery operated signage to announce that trucks are prohibited on Tustin Avenue. Brad Obelton expressed concern for safety. Jane Curel noted the increased traffic on Riverside Avenue and the burden on other streets with street closures. Peter Helfrich supported the Tustin Avenue closure and noted safety concerns. Carolyn Clarke supported the Tustin Avenue closure. Volume 65 - Page 344 City of Newport Beach City Council Meeting June 28, 2022 Sue Leal described challenges related to backing out of front -loading homes on Tustin Avenue. Jim Mosher clarified that development on the upper part of Newport Heights north of Cliff Drive occurred in 1907 and the City Council approved the lower part in 1946. Frank King supported the Tustin Avenue closure and expressed sympathy for neighboring roads. Tammy Matsunami urged the City Council to follow staffs recommendations to reopen Tustin Avenue. Mayor Muldoon indicated that he does not support a permanent street closure at the top of Tustin Avenue, expressed the opinion that more can be done, and could support one-way traffic flow. Council Member Dixon suggested installing sidewalks for a safety enhancement and Public Works Director Webb indicated a 5-6 foot right -of -away from the curb. Council Member Dixon suggested eliminating the left turn option at Cliff Drive and Tustin Aven*t and Public Works Director Webb indicated that cars do not need to move for street sweeping for most of Newport Heights. Council Member Dixon suggested that staff return to the City council with guidance on the viability of closing the bottom of Tustin Avenue, adding sidewalks, and opening the top portion but limiting left turns onto Cliff Drive, and asked for give-and-take from the City and residents. Council Member Brenner noted traffic challenges in Corona del Mar, concern for safety in Newport Heights, and advocated for solutions that keep Newport Heights less traveled. Furthermore, she expressed concern for the traffic on Riverside Drive and suggested an extra lane be added on Pacific Coast Highway to address vehicles turning onto Newport Heights during high traffic volume. Council Member Brenner stated that she' -could support every possible solution for preventing Newport Heights from becoming a thoroughfare. Council Member Duffield stated that 100 percent of the residents need to support the closure on Tustin Avenue for him to endorse it, expressed interest in alternative solutions, noted safety concerns, and indicated he would like staff to keep working towards a solution. AP In response to Council Member Dixon's question, Deputy Chief Rasmussen described traffic enforcement efforts for electric bike activity and vehicular traffic on Riverside Avenue and the Pacific Coast Highway corridor, indicated his awareness of traffic issues, and agreed to determine if signage is posted prohibiting commercial truck traffic. In response to CouA*1ember Brenner's question, City Traffic Engineer Brine clarified that posted truck restriction signage is enforceable and Public Works Director Webb indicated that trucks delivering to local residences are not enforceable. Motion by Mayor Muldoon, seconded by Council Member Dixon, 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; b) direct staff to remove the temporary barricades on the north end of Tustin Avenue at Cliff Drive, returning the roadway to its prior condition, and reopen the roadway to vehicular traffic; and c) direct staff to come back to the City Council with more options to help alleviate traffic issues. Council Member Avery addressed safety issues related to speeding vehicles, noted that accidents will happen until a solution is found to driving responsibly in neighborhoods, and suggested working with law enforcement and adding speed bumps so cars drive slower. Public Works Director Webb reported that the data does not reveal a speeding problem on Tustin Avenue, opposed installing speed bumps on Tustin Avenue because of the hill, and recognized possible issues independent of speed. Volume 65 - Page 345 City of Newport Beach City Council Meeting June 28, 2022 In response to Mayor Muldoon's comment and suggestion, Public Works Director Webb concurred with using a traffic trailer with speed guns and signage in residential neighborhoods and City Traffic Engineer Brine opposed edge line striping. Mayor Muldoon received no objection from the Council to remove the permanent structure at the top of Tustin Avenue. Council Member O'Neill clarified that the motion would remove the closure on Tustin Avenue and direct staff to return to the City Council with more suggestions to alleviate concerns on Tustin Avenue. In response to Council Member Dixon's question, Public Works Director Webb indicated that staff can return in fall or September with alternatives. Council Member Dixon stated that by opening Tustin Avenue at the top, relief is provided to neighboring streets while staff works on a long-term solution. Council Member Brenner expressed concern for a longer -broader scope of issues, consideration for the impact on Newport Heights from development on Mariners Mile, and community involvement. Mayor Muldoon suggested using Tustin Avenue as a pilot program for slowing down traffic on other streets as well. ' In response to Council Member Dixon's question ublic Works Director Webb and City Traffic Engineer Brine shared mixed success stories from r cities working with Waze and Google Maps. The motion carried unanimously. Mayor Muldoon recessed the meeting at 7.45 p.m. and reconvened the meeting at 7:59 p.m. with all members of the City Council in (attendance. 21. Balboa Island Teak Wood Bench Rracement Recommendation [I00-2022] Public Works Director Webb and Deputy Public Works Director Martin provided an overview of the Balboa Island teak wood perimeter benches, the Parks, Beaches, and Recreation Commission Ad Hoc committee work, community input ax)id concession, and recommendations. In response to CounciTIMember Dixon's questions, Deputy Public Works Director Martin confirmed that the recommendation does not include a bench reduction on Marine Avenue. Public Works Director Webb added that the recommendation addresses benches along the perimeter of Marine Avenue and the opportunity for staff to work with the community to reduce benches in areas where sidewalks are restrict. In response to Council Member Brenner's question, Public Works Director Webb relayed community notification of park bench maintenance terms by way of City literature, indicated that a divider could be added to prevent misuse, and benches could be returned to their owners or used for fundraising. Council Member Avery commended staff and the Ad Hoc committee for using jatoba wood and noted the maintenance involved with varnished wood. Mayor Pro Tem Blom indicated that the City will be providing for all the desired benches on Balboa Island, recognized the Public Works Department for leaving benches in place that are in good condition, expressed pride in the work by staff and the community, and stated the recommendation is the best -case scenario. Dennis Bress expressed appreciation for the Police Department volunteers directing electric bikes and traffic at the Balboa Island Yacht Club, thanked the Parks, Beaches and Recreation Commission Ad Hoc committee, and suggested a bench lifecycle management approach, a 1:1 bench replacement, adding arm rests to the benches, and maintaining bench plaque locations on new benches. Volume 65 - Page 346 City of Newport Beach City Council Meeting June 28, 2022 Jim M-a}eneyMolonev, Balboa Island Preservation Association (BIPA) representative, applauded the work by staff and the Parks, Beaches and Recreation Commission Ad Hoc committee, suggested 1:1 bench replacement, opposed bench reductions, recommended a citizen -funded maintenance program, and supported using jatoba wood. Mayor Muldoon supported having as close to a 1:1 bench replacement as possible. Mayor Pro Tem Blom concurred and supported the 60 benches indicated in the report. Motion by Mayor Pro Tem Blom, seconded by Council Member Brenner, 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 the following Parks, Beaches and Recreation Commission recommendations for replacing all the existing teak wood benches on Balboa Island: i. remove the teak wood benches in two phases (depending on their current state of repair) over the next couple of years and replace them with City purchased, unfinished jatoba wood benches, on the condition the new benches will never be refinished, but rather remain in a natural state and be allowed to grey with age, ii. direct staff to follow City Council Policy B-17 (Parks, Facilities and Recreation Program Donations), no existing nor new donor plaques will be permitted on the replacement benches, and iii. direct staff to use its best, reasonable efforts to contact the original teak wood bench donors to offer the opportunity to receive the donated bench and/or plaque (arrangements for any off -island pick-up/shipping Will be the responsibility of the accepting party). If donors cannot be reasonably located or are uninterested in having the donated item returned to them, staff will explore options to have benches either donated to the Balboa Island Museum (for display, fund raising effort/sale, etc.), auctioned off through a public surplus auction, or finally, just disposed of. It In response to Council Member Dixon's question, Ma or Pro Tem Blom believed that a separate discussion is needed for existing bench maintenance and many years will pass before greying begins on the wood. The motion carried unanimously. W 22. Annual Appointments to Boards and Commissions [241100-2024 City Clerk Browned that applicants must receive at least four votes to be appointed. Rudy Svrcek expressed interest in being a Harbor Commissioner, shared related experiences, supported the bay dredging, and requested Council support for his election. City Clerk Brown read the ballot votes for the Board of Library Trustees as follows: Ash Kumra — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill Laurel Tippett — Dixon City Clerk Brown announced that Ash Kumra was appointed to the Board of Library Trustees for a four-year term. City Clerk Brown read the ballot votes for the Building and Fire Board of Appeals as follows: Bill Caskey — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill J.R. Walz — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill City Clerk Brown announced that Bill Caskey and J.R. Walz were reappointed to the Building and Fire Board of Appeals for four-year terms. City Clerk Brown read the ballot votes for the City Arts Commission as follows: Wayan Kaufman — Avery, Blom, Brenner, Dixon, Duffield, Muldoon, O'Neill Volume 65 - Page 347