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HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach July 23, 2024 changed, and how electric bicycles affect the BMP. Former Mayor Nancy Gardner was recognized for leading the charge for a BMP. Mayor Pro Tem Stapleton thanked former Mayor Gardner and former Councilmember Tony Petros, and inquired about next steps. Transportation Manager/City Traffic Engineer Sommers suggested a minor update to the document, for example, including e-bikes, and noted new signage. In response to Councilmember Weigand's question regarding ways to address public concerns, Transportation Manager/City Traffic Engineer Sommers noted the challenge with technology far outpacing regulations, local limitations are based on how the vehicle code is written, and the City is waiting for new State legislation. Councilmember Weigand expressed concerns related to helmet safety and Transportation Manager/City Traffic Engineer Sommers indicated that he was not familiar with the e-bike helmet technology and thought it was a good topic of conversation at the regional and State levels. Councilmember Weigand expressed his appreciation for the Newport Beach Police Department and suggested continuing the education program about e-bike safety. In response to Councilmember Avery's question regarding bike lane separation, Deputy Public Works Director Houlihan confirmed that bike lanes are planned for Pacific Coast Highway from Newport Boulevard to Dover Drive, but noted it would be a lengthy process. Councilmember Grant suggested placing updated and improved e-bike related messaging on the City's website. Nancy Gardner urged Council to identify a review process for the BMP to keep it current. Adam Leverenz expressed concern for safety on the boardwalk related to e-bikes and suggested installing radar reading devices on existing streetlights. Dan Abbott expressed concerns for e-bike safety, suggested that Council use its influence in the State, and encouraged Council to do everything possible to increase e-bike safety. Mayor O'Neill stated that he wished Council had more influence statewide and noted the efforts of those working on the matter. III. PUBLIC COMMENTS Regarding Item 3 (Mooring Permits and Licenses), Mr. Mosher noted that some harbor water is owned and maintained by the City and thought homeowners in these areas that have piers and boats on City tidelands are not charged a fee. He believed that a recommendation was needed from the Harbor Commission prior to Council's reconsideration of the matter. Adam Leverenz asked that City Attorney Harp make the same announcement about Item 3 during the regular meeting and asked that controversial items appear on a separate agendized section, not Consent Calendar. City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items listed on the Closed Session agenda and read the titles. IV. CLOSED SESSION — Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 7 matters John Doe S.C. v. City of Newport Beach et. al. Orange County Superior Court Case No. 30-2022-01299631-CU-PP-CJC Volume 66 - Page 140 City of Newport Beach July 23, 2024 Mayor O'Neill, Mayor Pro Tem Stapleton, and Councilmembers Avery, Blom, Grant, and Kleiman expressed interest in bringing the item back at a future meeting. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Mayor Pro Tem Stapleton noted he would be recusing himself and leaving the dais if there was any discussion regarding Item 15 (Exclusive Negotiating Agreement with Burnham -Ward Properties). City Manager Leung announced that staff is requesting that Item 3 (Mooring Permits and Licenses) be continued; and to table Item 7 (On -Call Facilities Maintenance Support Services). Councilmember Grant recognized the Newport Beach Public Library Foundation's donation (Item 18). Bill Kenney, representing the Promontory Bay Community Association, noted the impact on the community if modifications to the Balboa Yacht Basin occur, and expressed supported for the exclusive negotiatin ed agreement with Burnham -Ward Properties with conditions (Item 15). XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the July 9, 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. 2024-15: Amending Sections 17.60.010 (Public Trust Lands — General), 17.60.020 (Application for Pier/Mooring Permits or the Lease of Public Trust Lands), 17.60.040 (Mooring Permits), and 17.60.045 (Short -Term Mooring Licenses) of the Newport Beach Municipal Code Related to Mooring Permits and Licenses a) Continue the item; b) Reconsider the adoption of Resolution No. 2024-47, A Resolution of the City Council of the City of Newport Beach, California, Setting the Fair Market Value of Rent for Moorings Located Upon Tidelands in Newport Harbor, that was adopted on July 9, 2024, at a future City Council meeting; and c) Hold Resolution No. 2024-47 in abeyance until it is reconsidered. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2024-48: Two -Year Extension of Pilot Program to Permit Homeowner's Associations to Install Privately Operated Security Cameras within the Public Rights -of -Way a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3: New Construction or Conversion of Small Structures) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) Adopt Resolution No. 2024-48, A Resolution of the City Council of the City of Newport Beach, California, Extending the Pilot Program Permitting Qualifying Homeowners Associations to Install Privately Operated Security Cameras Within the Public Rights -of -Way, and Waiving City Council Policy L-6, Encroachments in Public Rights -of -Way, in Regards Thereto. 5. Resolution No. 2024-49: Approving Amendments to the Records Retention Schedule Volume 66 - Page 142 City of Newport Beach July 23, 2024 Larry Tucker suggested getting the needed buffer and noted that seven hearings have already been held on this matter. Gary Crane supported Option No. 1. Shawna Schaffner, CAA Planning Chief Executive Officer, urged the City Council to adopt the General Plan Update and zoning overlay. Linda Watkins suggested that the City conduct an education campaign followed by a vote. Heath Clark urged Council to uphold Charter Section 423. Hearing no further testimony, Mayor O'Neill closed the public hearing. At the request of Mayor O'Neill, Assistant City Manager Jurjis outlined the public outreach efforts and the site selection process. In response to Councilmember Blom's question, Dana Privitt of Kimley-Horn and Associates stated that the analysis takes into consideration the potential for density bonus units so that the number of anticipated units were addressed as part of the EIR analysis. In response to Mayor O'Neill, Ms. Privitt relayed that she has not seen in the comment letters or heard in the public comments anything that would dissuade her from advising Council to certify the EIR. Councilmember Blom empathized with the public's frustration and desire to maintain the Newport Beach culture, relayed having no political ambitions besides serving on Council to make decisions in the best interest of Newport Beach, and mentioned of Measure B. He listed the consequences of a failed vote, noted space limitations in the City, reasons for adding units, and emphasized that State law precludes a vote. He stated that the City Council tries to work with everyone in the community and questioned reasons for recent opposition. Mayor Pro Tem Stapleton noted his promise of keeping Newport "Newport," thanked staff for their time and effort, relayed the options, expressed his frustrations, listed consequences of the Housing Element falling out of compliance, thought it eeu14-is all avoidable, and noted one acceptable choice. Councilmember Avery emphasized that the City cannot afford to have the vote fail, stated that no one is being indiscriminate, expressed respect for the electorate, relayed being prepared to support Option No. 2, but would support Option No. 1 as a resident, and relayed challenges educating the residents and the importance of Greenlight. Councilmember Grant recognized all the residents who participated in the matter, thanked staff for their time and professionalism, noted the preclusion of a vote with the State housing mandate, preferred to follow the City Charter in another way, and noted the City is mandated to do this and that the City Charter is subject to the State of California. She noted that the decision has not been taken lightly by Council and staff. She preferred a different path to lessen the burden the State has placed on the City, acknowledged undesired and drastic consequences, noted there were no loopholes or workaround, and thought the City must move forward with the State requirements to retain local control. Lastly, she expressed support for legislative action that would relieve the burdensome overreach from the State. Councilmember Kleiman thanked staff for their work on the matter, expressed her disinterest in the RHNA mandated units, listed actions taken by the City to protect local control and Sacramento's actions to usurp it, and utilized a graphic to demonstrate all the new proposed housing related legislation for this year. She stated that this decision was the most critical and challenging decision in Council's tenure, went on to comment that there is no good option, and acknowledged the level of uncertainty and risk. Volume 66 - Page 148