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HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach City Council Meeting April 23, 2024 May 14, 2024 Agenda Item No. 1 10. Approval of a Maintenance Services Agreement for Storm Drain System Cleaning Services with Ocean Blue Environmental Services, Inc. (C-9578-1) 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 the Maintenance/Repair Services Agreement for Citywide storm drain system cleaning services for a three-year contract term with an option for two additional years for a total not -to - exceed amount of $2,585,000 over five years, and authorize the Mayor and City Clerk to execute the agreement. MISCELLANEOUS 11. Planning Commission Agenda for the April 18, 2024 Meeting Receive and file. 12. Grants and Donations Report for the Quarter Ending March 31, 2024 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. A . Motion by Mayor Pro Tem Stapleton, seconded by Councilmember Avery, to approve the Consent Calendar; and noting the abstention by Councilmember Weigand on Item 1, the recusal by Councilmember Blom on Item 5, and amendments to Item 1. The motion carried unanimously. — 6 IX. ITEMS REMOVED FROM THE CONSENT CALENDAR - None r X. PUBLIC COMMENTS ON NON -AGENDA ITEMS Hein Austin advocated for the v erans who vise the harbor and may be at risk for homelessness if the mooring fees increased as prop ed by the Harbor Commission. In response to his question, Mayor O'Neill relayed that the City Att rney is the best City contact to speak to regarding an investigation about the Housing Element. Lee Pearl utilized a slid to show the proposed mosaic mural created by Barbara Abbott for Park Avenue and Marine Avenue. He indicated that the mural was paid through fundraising, the artwork has gained support from the City Arts Commission, he proposed an unveiling at the end of September, introduced others involved with the project who were in attendance, and thanked Manouch Moshayedi for providing the building for the mural. He provided handouts, as well as tile samples. Adam Leverenz took issue that the items adopted at the April 10, 2024 Harbor Commission meeting related to the -offshore mooring fee increases were not made available to the public before the meeting, contended that compliance with the open meeting law was not met, and suggested the Harbor Commission reconvene the meeting with proper noticing. He noted stated he was aware of there an email in �^S b^^n Iittle public input since February that indicated there was little use for public input on this matter.; It was expressed that a number of decisionmakers have been intimately involved and are equity members of Newport Harbor Yacht Clubs and/or hold mooring permits, and that yacht clubs would be exempt from the fee increases;. He noted that-m44 58% of mooring permittees live outside the City and will be paying more than those living i_n other permit holders for use of the same State resource. Gianna D'Egidio, UC Irvine student and poet, suggested that the City appoint a poet laureate to promote poetic literacy, be a storyteller for the City, and be an ambassador for the art form. Mayor O'Neill directed the matter to Library Services Director Hartson. Volume 66 - Page 82 City of Newport Beach City Council Meeting April 23, 2024 Eplanet Thunderstriker inquired about the receipt of a letter he submitted to a different county and if any action was taken. Mayor O'Neill introduced and welcomed new Deputy Police Chief Javier Aguilar. XI. PUBLIC HEARINGS 13. 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) Councilmember Avery recused himself due to being on the Board of the Orange County Sanitation District (OC San). Senior Planner Lee utilized a presentation to review the project location, adjusted property lines, proposed project pump station and forced main vault, site development review, the California Environmental Quality Act (CEQA) review, and conditions of a oval. Mayor O'Neill opened the public hearing. John Erskine, Nossaman LLP partner and representative of the property owners, introduced the team, noted that the appeal is to overturn the Planning Commission's project approval, and relayed the reasons for the appeal, including a 30,000 square feet loss of visitor -serving and residential uses, blocked views due to the size, little public outreach, and there are other alternative sites. He utilized a presentation to outline the impacts of expanding the OC San pump station, the conceptual site plan, location alternatives, and modified OC San access. or Michael Gelfand, representing the ownership of the Bayside Village Marina (BVM) and Back Bay Landing project, noted alternative locations, noted the proposed plan deereasescuts their project in half due to easements, utilized a slide to highlight the truck traffic, and asked that Council exercise good planning. AP Members of the City Counc'%te losed the following ex parte communications which were all inside the project scope: • Mayor O'Neill met withppellants • Councilmember Kleiman met with both groups • Councilmember Weigand met with OC San and the appellant's consulting team • Councilmember Grant met with both groups • Mayor Pro Tem Stpleton met with both groups Mike Dorman, OC San Director of Engineering, utilized a presentation to outline why the project is urgent and reviewed the remaining life of the pump station, location, site size, pump station size, architecture, the impact to coastal views, and truck traffic. He reviewed a map of the pump station, reasons for the project, asset management conditions, project overview, micro tunneling section, the site study from 2014-2015, southside site 2 plan, expand -in -place location from 2016, alternative locations discussed during 2016-2019, expand -in -place location from 2019, timeline for the expand - in -place land, pump station site, new pump station design and access, BVM draft entry alternative, pump station section and height, the electrical room, generator building, examples of pump stations in the City, pump station architecture, construction traffic per the Environmental Impact Report (EIR), traffic for normal pump station operation, and the project status summary. In response to Mayor O'Neill's question, Mr. Dorman indicated that the daily truck traffic would utilize F-150 and F-250 trucks, but larger trucks would be used for pump replacement work. Mr. Erskine explained that the 2014 pump station upgrade was to extend its useful life 15-20 years, reviewed impacts to the community and appellant, noted there is a 50% chance that the launch pit for micro -tunneling will fail, believed that Location 3 is the best option, and discussed toxic issues and the two mitigation measures. Volume 66 - Page 83 City of Newport Beach City Council Meeting April 23, 2024 Councilmember Weigand expressed concern for a 2.85% credit card convenience fee and suggested ways to lower the percentage and gave examples of utilities that do not allow credit card use. In response to his inquiry about the implementation phases, Finance Director Al -Imam stated that 2.85% is an average from fees studied for utility bill payments and reviewed the approach, fee implementation timeline by groupings, and public notice. Councilmember Grant suggested working with the one abuser of the lift and stated that she is not in favor of implementing a deposit but is willing to consider it if and when there is more cost impact to the City. Mayor O'Neill suggested a broader approach that is not specific to this issue for handling this type of behavior and questioned if related municipal code exists. In response, City Attorney Harp stated that staff can handle this administratively per a municipal code provision. Councilmember Blom expressed support for implementing deposits and staffs recommendations. Mayor O'Neill opened the public hearing. Jim Mosher suggested, in lieu of a deposit, include a warning on the reservation website about an access fee for failed reservations. He discussed the difference in how the proposed fees are being presented versus previous years, and the effective crate for fees in the newly formatted fee schedule. Adam Leverenz utilized a presentation to review a before and after illustration of Harbor Department service fees, highlight guest mooring fee charges, and discuss off -shore mooring rates and the disparity between pier permit fees. He also discussed the credit card convenience fee and time lost when payments are made without & credit card. Jessie Fleming noted a 120% increase in moo din hg y impound fees, took issue with the impact of impounding dinghies, asked for everyone to work together, and for Council to reconsider the impound fee. AP dw Patricia Coomans stated that she will not (give the harbor any rescued boats due to the fee increases, has lost equity in her mooring by being charged the moorings fees, and thinks there is an unfriendly harbor environment and many people are upset. Eplanet Thunderstriker suggested that the 2.85% convenience fee be used only during tourism season. ` Hearing no further testimony, Mayor O'Neill closed the public hearing. Mayor O'Neill noted the choice of imposing a deposit for the lift or administrative procedures. In response, City Attorney Harp stated the City can handle the administrative procedures internally and Council can add this to the motion. In response to Councilmember Weigand's questions, Harbormaster Blank stated that dinghies are 14 feet or less and reviewed that a time and resource study was conducted for determining impounding and towing fees. In response to Mayor Pro Tem Stapleton's question, Harbormaster Blank relayed that the lift abuser has r ss-r-ve,a -And—honored all his reservations so far this calendar year. Councilmember Avery stated that the Harbor Department helps boaters in different ways without a fee and the cost for them to take care of personal property is at the lowest cost. Councilmember Weigand requested the convenience fee be implemented on January 1, 2025, so more notice can be provided to residents. Volume 66 - Page 87