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.
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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.
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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.
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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.
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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.
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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.
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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
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