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HomeMy WebLinkAbout01 - Minutes - AmendedOctober 22, 2024 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Meeting Minutes Study Session and Regular Meeting October 8, 2024 I. ROLL CALL — 4:03 p.m. Present: Mayor Will O'Neill, Mayor Pro Tem Joe Stapleton, Councilmember Brad Avery (arrived at 4:06 p.m.), Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar — None SS2. Proclamation Recognizing Kaleigh Gilchrist's Athletic Career Mayor O'Neill read the proclamation and presented it, along with a Battle of the Bay coin, to Kaleigh Gilchrist who expressed her gratitude towards the City. SS3. Recommendations Made by the City Council Ad Hoc Committee on Proposed Aquatic Complex at the Lower Castaways Park Site k ir Assistant City Manager Jurjis and Assistant City Engineer Sandefur utilized a presentation to review the location, site history, community pool concept, development constraints, and current and proposed pool sites. Larry Ryan, RJM, utilized a presentation to show a virtual simulation that included the main access, pick up and drop off areas, 50-meter pool, parking lot, splash spray area, therapy pool, cabanas, hand launch area etl and aerial views, multipurpose area, warming kitchen, and deck area. Recreation and Senior Services -Director Levin utilized a presentation to highlight the benefits of having a community pool, reviewed new and expanded program opportunities, and displayed a mock pool schedule. Tony Petros, LSA4fsociates, displayed a slide of a traffic analysis and reviewed constraints. He noted the factors fKat impact mobility and alternate solutions, noted no other access alternative to the site, and stated that the location can accommodate the proposed aquatic complex and would not create significant impacts to mobility. Assistant City Engineer Sandefur continued with the presentation to outline the estimated construction costs, annual operational and maintenance costs, tentative schedule, and the Lower Castaways Park Ad Hoc Committee's recommendations. Mayor Pro Tem Stapleton thanked Council, staff, and the residents for their time and effort on this proposal and noted the project's proposed cost of more than $40 million. He highlighted the potential for a future public/private partnership opportunity, emphasized the need for a community pool, expressed support for adding a staircase to connect Upper Castaways and Lower Castaways, and noted the history of the site. In response to his question Assistant City Manager Jurjis stated that theoretically there would be about $10 million to $15 million in the Facilities Financial Plan (FFP) that needs to be prioritized, and noted that some funding would be allocated to the West Newport Community Center structure. Mayor Pro Tem Stapleton Volume 66 - Page 181 City of Newport Beach October 8, 2024 thought that more discussions about funding opportunities could take place at the Planning Session meeting. Councilmember Blom concurred with Mayor Pro Tem Stapleton and noted the need for a community pool and its benefits. Councilmember Grant noted her excitement for the project and relayed the importance of opportunities for community input. She commented on traffic issues, funding, and cost efficiencies. She spoke on the importance of value engineering, programming restrictions, noted the need to work with legal counsel on proper documentation of site restrictions, and emphasized needing early initiation of public/private partnerships. She thanked Mayor Pro Tem Stapleton and Councilmember Blom for their efforts. Councilmember Weigand noted the project's cost and hoped future funding would be split similar to the Library Lecture Hall project. In response to Councilmember Weigand's question, Assistant City Engineer Sandefur indicated that the staircase is included in the price and noted the desire to utilize activities to offset costs and bring in additional revenue. Recreation and Senior Services Director Levin added that the boat storage is not included in the estimated revenue number and utilized a slide to review pool size options. Councilmember Weigand expressed support for the fire pits on the deck and thought the project would improve the City. Councilmember Kleiman acknowledged May Pro Tem Stapleton, the ad hoc committee members, and staff for their work on the propo project. Councilmember Avery acknowledged the importance of the project to District 2 and agreed that the cost is daunting, but thought it was an achievable project, emphasized the importance of value engineering, complimented thy site plan, and discussed funding challenges and opportunities. if Harbor Commissioners Don Yahn and Rgy Svrcek, and Don Jacobs, architect, utilized a presentation to review the General Plan for the site, land use objectives, and their alternative plans for constructing a marine exhibit park or marine institute aquarium at the site. The presentation included highlights of the aquarium's site plan, entry sculptures, touch pools, sea life displays, live animal exhibits, kayak tours, amphitheater, artwork, access road concept, cost estimates, and potential for collaboration. A handout was used to discuss possible alternative swimming pool sites. Lastly, a proposal was introduced for a marine exhibit park and a presentation was utilized to review the site plan, 360-degree underwater experience, immersive dome, sea life displays, touch pools, kayak tours, life-size fish displays, and interpretative signs. Dennis Bress suggested posting the project concept video on the City's website for public awareness and expressed support for the project. Keith Ponison Dawson supported the aquarium project. Phillip Rowe supported the aquarium project. Bill Kennedy opposed the project location. Tim Rome supported the aquarium project. Greg Parker recommended moving the pool to another location and supported the marine institute project. Peter Belden supported the pool location and suggested evaluating the proposed revenue options. Volume 66 - Page 182 City of Newport Beach October 8, 2024 Joe Pelletier expressed concern for consolidating access to one single pool and suggested offering something similar to Long Beach Harbor Horny Corner as a low-cost option. Robin Sinclair, a former Parks Beach & Recreation (PB&R) Commissioner, supported the pool project. John Yeager supported the pool project. Keira Kirby, PB&R Commissioner and teacher at Newport Harbor High School, supported the pool project. Antonella Castro supported the pool project. Gary Hill supported the pool project. An unidentified speaker supported the pool project. f Adam Leverenz asked for presentation materials to be made available for public review prior to the meeting, supported placing a pool in a more accessible location, suggested revenue opportunities from school field trips, noted the importance providing adequate restrooms, suggested having a small marina or fishing facilities, and thought the property was supposed to be used for water -dependent recreation pursuant to t e Local Coastal Plan. David Tanner encouraged Council to consider all three options, noted that the Coastal Act promotes public access, expressed concern for the use during peak hours, inquired about which projects will be postponed to construct the pool, and expressed interest in more revenue options. r Charlie Hannegan expressed his support for constructing an aquatic center. Jim Mosher summarized the purpose of the Ad Hoc Committee, inquired about the committee's budget and whether it conducted public meetings, and questioned where the committee received its input and what other alternatives were considered. He stated that the City Charter suggests that a recommendation should also come from the PB&R Commission, expressed confusion about the public rivate partnership details, and supported returning the historic sign to its old location. John McCarren supported the pool project. Anne Kittleson exWessed the impact and challenges to the students by sharing aquatic facilities. Councilmember Blom noted there was thorough and detailed consideration of the proposed project by the ad hoc committee, discussed encroachment challenges, traffic scenarios considered, and location options. He further commented on coastal access for everyone, ideas generated during discussions, appreciated all of the input, and supported creating an iconic aquatic site reflective of the City's culture. Councilmember Avery affirmed and clarified that the proposed project is for the entire community, not just District 2, as well as the public to enjoy. City Manager Leung utilized a slide to clarify the recommendations of the ad hoc committee. Mayor O'Neill clarified that the question before Council is whether the City can get to a pool concept and what would it look like to get the preliminary documents prepared for that concept. In response to Councilmember Weigand's question, Assistant City Manager Jurjis stated that if Council is supportive of the project, staff will present CCC staff with a preliminary design to Volume 66 - Page 183 City of Newport Beach October 8, 2024 Councilmember Weigand: • Discussed the Town Hall he held at Santa Ana Heights Councilmember Grant: • Attended the Library Leadership Donor Appreciation Reception, CdM Sandcastle Contest, the Newport Beach Chamber of Commerce's Economic Forecast, the OASIS Senior Center's Rummage Sale, the Lido Theater Ribbon Cutting Ceremony, Fire Service Day, the opening of this year's FINN FiiN Program, and the Sunset Bridge Ribbon Cutting • Congratulated Chief Cartwright for receiving the Above and Beyond Award from the Crime Survivors Resource Center • Announced the free mulch and document shredding event on October 19, 2024, Election Day on November 5, 2024, and the Newport Beach Film Festival being held from October 17 to October 24, 2024 Mayor Pro Tem Stapleton: • Congratulated the Newport Beach Chamber of Commerce on their 2025 Economic Forecast event • Attended the Crime Survivors event, Fire Service Day, Sunset Ridge Bridge Dedication Ceremony, Distinguished Citizen Program kick-off, and Lido Theater Ribbon Cutting 1 Mayor O'Neill: • Thanked the organizers of the Orange County Maytrs' Prayer Breakfast and noted his opportunity to speak • Attended the Crime Survivors Event and noted the organization received a proclamation from the City, the Crystal Cove Soiree, Fire Service Day, and the Newport -Mesa Unified School District's State of the Schools breakfast XII. PUBLIC COMMENTS ON CONSENT CALL&DAR David Tanner suggested amending the e from the September 24, 2024 City Council meeting (Item 1) to include the number of residents and organizations that support the General Plan Update, a complete explanation of why Mayor O'Neill abstained from Item 17 (Resolution No 2024-73: Amending Portions of the Adopted and Certified 6th Cycle Housing Element, and Ordinance Nos. 2024-16 and 2024-17), list members of staff or Council who had communication with people and/or entities that would benefit from the adoption of Item 17 and when the communications occurred, and list members of Council or staff who supported not having a public vote. Mayor O'Neill denied ftsations of having a conflict of interest (Item 1); and thanked the Parks, Beaches & Recreation 7wrtment for the San Miguel Park playground improvements (Item 7). XIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the September 24, 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 INTRODUCTION 3. Pulled from the Consent Calendar ORDINANCE FOR ADOPTION Volume 66 - Page 185 City of Newport Beach October 8, 2024 Councilmember Kleiman expressed the same concerns, noted transferability is problematic, and suggested seeing if amending the notice addresses the problem. However, if it does not, 9she stated that the matter should be brought back to Council. She suggested considering each of the Chapters 5.95 (Short -Term Lodging Permit) and 15.02 (Administrative Code Related to Construction & Demolition Waste Permits) separately, and noted interest in moving forward with the recommendation relative to construction and demolition waste permits, and continue the matter regarding short-term lodging permits until a date uncertain. Councilmember Avery thought the City could handle situations as they occurred and noted the need for a careful and sensitive approach. Jim Mosher questioned whether Chapter 15.02 applies to the waste generated by all construction and demolition projects, agreed with a broad statement of leniency, thought that short-term lodging may be better handled with the least leniency, and cautioned against using the words "good cause" since the term can be left to interpretation. Mayor O'Neill suggested bringing the matter back as two separ items with the construction and demolition matter placed on the Consent Calendar at the next ;L: eeting, but noted that the short-term lodging piece needs more work. Councilmember Weigand suggested cleaning up the addresses that the City has on file. Motion by Councilmember Kleiman, seconded by Councilmember Blom, to a) bring back the construction and demolition component to the October 22, 2024 City Council meeting; and b) bring back the short-term lodging component at the November 12, 2024 City Council. Councilmember Weigand clarified that a time uncertain can be used. City Attorney Harp thought staff coLf return with the short-term lodging piece in November, discussed options, and indicated the em will come back as -is unless Council provides further direction. - E In response to Mayor O'Neill's inquiry, Finance Director Al -Imam recommended that Council wait to see how the short-term lodging issue plays out, noted that the current problems are unresolvable because there is no remedy, and stated that noticing will be done consistently in the future. Mayor O'Neill acknowledged the need to create an appeal process for a hardship exemption that comes through Council. City Attorney Harp offered the option of having Finance Director Al -Imam make the initial determination and then report back to Council. Mayor O'Neill and Councilmember Kleiman agreed with this approach. At Councilmember Grant's request, Mayor O'Neill recapped the approach which would give Council the final say for reinstatement. Councilmember Grant thought hardship determinations should be handled at the administrator level and the Finance Director's involvement should come after a permit is revoked. City Attorney Harp asked if Council would be interested in bringing the matter back later to see if noticing resolves the problem. Councilmember Grant was agreeable to bringing the item back, and possibly include a hardship appeal process and any other necessary remedies. Councilmember Blom supported taking more time to consider the matter further. Volume 66 - Page 189 City of Newport Beach October 8, 2024 Mayor O'Neill suggested bringing this short-term lodging discussion back during the Planning Session meeting. Amended motion by Councilmember Kleiman, seconded by Councilmember Blom, to a) bring back the construction and demolition component to the October 22, 2024 City Council meeting; and b) bring back the short-term lodging component for discussion during the City Council Planning Session meeting. The amended motion carried unanimously. XV. PUBLIC COMMENTS ON NON -AGENDA ITEMS — None XVI. PUBLIC HEARING 16. Ordinance No. 2024-24: Approving of the Second Amendment to Development Agreement No. DA2012-003 for the Uptown Newport Planned Community Located at 4311 Jamboree Road (PA2024-0078) AL Mayor O'Neill and Gouneilmember Mayor Pro Tem Stapl recuseding themselves due to their membership in the Pacific Club. Councilmember Kleiman recused herself due t6 her W employment. Mayor O'Neill indicated that Councilmember Blom will chair this item. Assistant City Manager Jurjis and Deputy Community Development Director Murillo utilized a presentation to review the proposed request, site location, Uptown Newport Planned Community phases, the Development Agreement (DA), park dedication requirements and credits, park in -lieu fee credit requests, and Planning Commission action. Councilmember Blom opened the prgbjJhearing. Brian Rupp, Shopoff Realty Investment d representing the applicant, stated their request to use excess park fee cre ' s towards public benefit fees. Jim Mosher expres ed his confusion, stated that a table of calculations should have been included with the staff report, and noted his concern for letting the applicant use a credit that they might lose later if the intention was for the credit to be nonrefundable. Councilmember Blom stated that he thought the variance in the cost stems from timing and the CPI adjustments. Assistant City Manager Jurjis clarified that the correct number in the presentation and staff report is $824,000. Hearing no further testimony, Councilmember Blom closed the public hearing. Councilmember Blom noted he worked in a small group on this matter, the project is long-term, and the goal is to cautiously build the project with community attributes in mind. Councilmember Grant agreed with Councilmember Blom, stated that Councilmember Blom and she worked with staff in a small group to look at alternate ways to analyze the issue which resulted in this proposal. She commended Mr. Shopoff, noted the quality of the improvements, appreciated the investment in the community, and expressed interest in moving forward. Volume 66 - Page 190