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Home My WebLink About01 - Minutes - AmendedOctober 25, 2022 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Meeting Minutes Study Session and Regular Meeting October 11, 2022 I. ROLL CALL — 4:05 p.m. Present: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar — None SS2. Circulation Element Goals and Policies Traffic Engineer Brine and LSA Associates Consultant Tony Petros utilized a presentation to provide the context, previous City Council direction, project chronology, State mandates, reason for updating the Circulation Element, key new polici smary, access to the Circulation Element Update document, and schedule. In response to Mayor Muldoon's question, Traffic Engineer Brine noted that the City could consider incentivizing developers to install Electric Vehicle (EV) charging stations. In response to Council Member Dixon's question, Mr. Petros confirmed that the Bicycle Master Plan has been incorporated through th6 use of buffered bike lanes throughout the City, green paint indicators, meetings related to bicycle traffic around schools, and a $25 million Capital Improvement Project (CIP). Traffic Engineer Brine agreed to return to Council with a report on what has been done in the CIP. E David Tanner requested that his sumitted comments be shared with the public, submitted additional comments, Snd discussedchanges and opportunities since the last Circulation Element Update in 2006. Jim Mosher expressed confusion relative to what the public should be studying for this item and whether the General Plan Advisory Committee (GPAC) will be reviewing the Circulation Element to collect and prepare a forecast. r In response to Council Member Dixon's question, Traffic Engineer Brine relayed that Policy CE817.178.1.7/Avon Street Municipal Street Parking Lot Relocation was carried over from the 2006 Circulation Element and provides for parking flexibility in Mariner's Mile with no plan to relocate it. He further noted that additional areas needing more parking can be incorporated into the policy at the request of Council. In response to Council Member Brenner's question, Traffic Engineer Brine relayed that public comment for specific intersections are received and reviewed daily by his office and a tracking analysis will be included with the Land Use Element that will incorporate recommended improvements and public input. Mr. Petros added that the annual session to review the CIP at the City Council meeting includes opportunities for public input. Traffic Engineer Brine encouraged the public to submit comments via collective associations. In response to Council Member Dixon's question, Deputy Community Development Director Campbell clarified that the 2006 General Plan Circulation Element was not submitted to voters for approval and that there is no law requiring an approval by the voters. Volume 65 - Page 408 City of Newport Beach City Council Meeting October 11, 2022 • Utilized a slide to announce the Corona del Mar High School (CdMHS) 60-year anniversary celebration, and a free document shredding, e-waste disposal and organics kitchen pail pickup event • Announced having spoken to the CdMHS Speech and Debate Team Council Member Avery: • Attended the Orange County Sanitation District Board meeting and the Newport -Mesa Unified School District State of the Schools breakfast Mayor Muldoon: • Announced the Renew Newport Volunteer Day (www.renewnewport.com) XI. PUBLIC COMMENTS ON CONSENT CALENDAR At the request of Council Member Dixon, City Manager Leung discussed Item 4 (Authorizing the Submittal of The Whale Tail Grant Application to the California Coastal Commission for Funding of the Junior Lifeguard Scholarship Program). Jim Mosher commented on Item 11 (Planning Commission Agen the October 6, 2022 Special Meeting )and suggested pulling the item off the Consent Calend out what happened and provide guidance on fractional ownership. XII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES VW- 1. Minutes for the September 27, 2022 City Council Special and Regular Meetings [I00-2022] Waive reading of subject minutes, approve ars amended, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances OnNer consideration and direct the City Clerk to read by title only. Ak ORDINANCE FOR ADOPTION 10 r* 3. Ordinance No. 2022-21: Non -Exclusive Commercial Solid Waste Franchises [421100-20221 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. 2022-21, An Ordinance of the City Council of the City of Newport Beach, California, Granting Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services Within the City of Newport Beach to the three so named companies. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2022-69: Authorizing the Submittal of The Whale Tail Grant Application to the California Coastal Commission for Funding of the Junior Lifeguard Scholarship Program (C-8964-1) [381100-20221 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 2022-69, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Application for and Securing of Funds from the California Coastal Commission's Whale Tail Grant Program to Fund the Pilot Year of the Junior Lifeguard Scholarship; and c) Authorize the City Manager, or her designee, to sign grant documents. Volume 65 - Page 410 City of Newport Beach City Council Meeting October 11, 2022 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR — None XIV. PUBLIC COMMENTS ON NON -AGENDA ITEMS Sean Bolletieri Abdali apologized for how the hearing turned out at the last Council meeting, noted some speakers admitted to reading a script and being pressured into speaking, and requested that Council reconsider Item 15 from the September 27, 2022 City Council meeting. Brent Mardian noted having previously spoken to Council about the Confined Aquatic Disposal (CAD) project, expressed the opinion that the Subaqueous Capping Guidance Manual is missing from the project evaluation, showed a photo of collected sediment samples in unsuitable areas, and noted beach quality sand below the dredge material in the Newport Channel One area. He believed that the sampling did not split the samples like this, noted mercury samples over nine parts per million in the main channel, relayed that most contaminated material is below the dredge depth at 20-22 feet, and expressed concern regarding the dredged material. Shana Conzelman expressed her opinions regarding the CAD project process and basis for decisions, asked that Council consider the options provided by the Friends of Newport Harbor, and asked that the request be pulled from the California Coastal Commission (CCC) age r a until proper testing is completed and the required guidance manual is followed. Seth Christian expressed his opinion regarding the En nm rotection Agency (EPA) relative to pollutant standards and expressed concern that the C do not have the necessary data to conclude that the CAD proposal is safe. Jennifer Thomas asked Council to postpone the CAD project for further study. r, Brett Feuerstein and Ryan Chase, 50% owners of The Tennis Club at Newport Beach property, thanked Council for the decisions made at the last City Council meeting, expressed concern regarding large apartment projects, and announced having no plans to build apartments. They further discussed plans provided to Robert O Hill for a fully negotiated lease, a local operator, 20-year agreement, and property improvements and comprehensive plan, including pickleball. They asked Council to not reconsideration Item 15 from the September 27, 2022 City Council meeting. Dalen Lawrence requested that Council vote down the Tennis Club at Newport Beach's Plan B and submitted a handout. Darcy Bouzeos noted the opposition to Plan B and Council's clear position that the plan was not ready or acceptable and needed be resubmitted, questioned what has changed since the last meeting, and asked the Council to vote with good governance. Nick Von Neuhoff read a statement expressing concern relative to CADS. An unidentified speaker asked that Council postpone the CAD project and consider other options. Robin Moore asked for reconsideration of the Tennis Club of Newport Beach's Plan B and expressed the opinion that everyone is in favor of pickleball. An unidentified speaker discussed family traditions on Lido Beach, noted other options to a CAD, and expressed confidence that Council will do the right thing. An unidentified speaker noted an educated collection of people in Newport Beach, asked Council to be patient, and supported keeping the bay clean. Devon Kelly, representing the Newport Harbor Foundation (NHF), provided background on the NHF, thanked Council for approving the dredging in the Harbor and the CAD project, noted studies and the approving bodies, and relayed that NHF supports the CAD project. Volume 65 - Page 413 City of Newport Beach City Council Meeting October 11, 2022 Dirk Larson expressed his love for pickleball and asked Council to reconsider Plan B. Dave Rhodes requested additional testing in the Harbor in light of data indicating toxic material at a 20-22 foot depth. Steve Scully, Harbor Commission Chair, expressed support for dredging and the CAD project to store unsuitable sediment and expressed the opinion that it is the only option, funding will not be available in the future, and the City will abide by every agency condition to protect water quality. Dave Tanner supported dredging but opposed the CAD project, requested that Council consideration the new data presented, and if not, make it clear to CCC that Council supports them conducting more studies. Jim Mosher provided an update on the lobbyist registration ordinance, expressed the opinion that it is not working, and recommended that Council follow-up with staff. Bob Yates expressed support for dredging but concern for the CAD project, and asked for an explanation before dredging begins. John Rosen thanked Council for making hard decisions at the last meeting regarding The Tennis Club at Newport Beach, urged Council to reconsider Plan nd expressed appreciation for their efforts in the future. An unidentified speaker expressed concerns relative AD testing results and expressed the opinion that the CCC will deny the permit. In response to Council Member Brenner's questions regarding public comment on a missing manual, testing not done, and higher contamination levels, City Attorney Harp stated that an adequate comprehensive environmental analysis was conducted, in some areas going above and beyond, and the City is in full compliance. Public Works Director Webb indicated that the consultants followed the rules; the EPA, U.S. Army Corps of Engineers, California State Water Resources Control Board, and CCC have looked at it, and mare recommending approval. Furthermore, he noted that testing done by the consultant consists of r dom samples in accordance with proper procedures. Council Member Brenner noted that she does not see anything that Council can do to make changes at this time until CCC reviews the matter. City Attorney Harp re lii*ed Council that the CAD project is not on the agenda tonight so there is no opportunity to debate it or act. XI. CURRENT BUSINESS 15. Resolution No. 2022-72: Amending and Re -Titling City Council Policy B-9 to Provide Guidelines for City Dedication Plaques [100-2024 Jim Mosher suggested that Provision D be amended to state, "Dedication plaques for City parks and facilities shall include..." 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; and b) adopt Resolution No. 2022-72, A Resolution of the City Council of the City of Newport Beach, California, Amending and Re -Titling City Council Policy B-9 (Naming of City Parks & Facilities). Volume 65 - Page 414 City of Newport Beach City Council Meeting October 11, 2022 In response to Council Member Brenner's question, City Attorney Harp supported adding "parks" to the provision and gave instruction to incorporate it into the motion. Mayor Muldoon amended the motion and Council Member Dixon, as the seconder, agreed with the amended motion. In response to Council Member Dixon's question, City Manager Leung clarified that the City Manager will have discretion relative to plaque decisions. Council Member O'Neill stated that he will be voting "no" because he does not support placing names on building plaques, but indicated he prefers including narratives in lieu of names. In response to Council Member Dixon's question, City Manager Leung clarified that the resolution provides for uniformed content on City plaques and includes the names of Council Members involved in the decision -making. Council Member Avery concurred with Council Member O'Ne stated less is more, supported including narratives instead of names, and indicated he will ala vy�ting "no." With Council Members Avery and O'Neill voting "no6'1motion carried 5-2. XVI. MOTION FOR RECONSIDERATION Council Member Brenner asked for clarification on how she can make a motion for reconsideration of the pickleball club issue (Item 15 from the September 27, 2022 City Council meeting) to have specific questions addressed without encouraging people to testify on their love for pickleball. City Attorney Harp indicated that this item is nondebatable and cannot be discussed during this meeting because it is not on the agenda. A Motion by Council Member Brenner, seconded by Mayor Muldoon, to reconsider and bring back the Tennis Club at Newport Beach Project Amendment (Item 15 from the September 27, 2022 City Council meeting). With Mayor Pro Te , Council Member Avery, and Council Member O'Neill voting "no," the motion carried 4 XVII. ADJOURNMENT - Aron at 6:35 p.m. in memory of Ron Presta The agenda was posCity'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 October 6, 2022, at 4:00 p.m. Leilani I. Brown City Clerk Kevin Muldoon Mayor Volume 65 - Page 415