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HomeMy WebLinkAbout01 - MinutesApril 14, 2020 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Special Meeting March 18, 2020 I. CALL THE MEETING TO ORDER II. ROLL CALL - 10:31 a.m. Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery (telephonically), Council Member Joy Brenner (telephonically), Council Member Diane Dixon, Council Member Duffy Duffield (telephonically), Council Member Jeff Herdman (telephonically) Absent: Council Member Kevin Muldoon (excused) Mayor O'Neill reviewed the purpose of and process for the special meeting, encouraged everyone to pay attention to the City's social media updates and website regarding COVID-19, and assured the senior community that the City supports them and they can call the OASIS Senior Center with any questions or concerns. III. PUBLIC COMMENTS Jim Mosher encouraged Council to conduct most of the Closed Session discussions in public and explained why he believed the Government Code does not pertain to the Coronavirus threat. Mayor O'Neill indicated that most, if not all, of what will be discussed during Closed Session will be reiterated during open session and assured everyone that Council is not hiding anything. City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the item listed in the Closed Session agenda and read the title. The City Council recessed to Closed Session at 10:37 a.m. IV. CLOSED SESSION A. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957): 1 matter Consultation with: City of Newport Beach Police Chief, Jon Lewis, and Fire Chief, Jeff Boyles, regarding matters posing a threat to: the security of public buildings, the security of essential public services, and the public's right of access to public services or public facilities, all of which are associated with the COVID-19 outbreak and the State of Emergency declared by Governor Gavin Newsom on March 4, 2020, and the proclamation of a Local Emergency by the Director of Emergency Services on March 15, 2020. All Council Members, except for Council Member Muldoon, were present during Closed Session. The City Council reconvened at 11:02 a.m. City Attorney Harp announced that there were no reportable actions taken during Closed Session. Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery (telephonically), Council Member Joy Brenner (telephonically), Council Member Diane Dixon, Council Member Duffy Duffield (telephonically), Council Member Jeff Herdman (telephonically), Council Member Kevin Muldoon (telephonically) Volume 64 - Page 337 City of Newport Beach Special Meeting March 18, 2020 V. 1. Resolution No. 2020-25: Ratifying the March 15, 2020 Proclamation of Local Emergency [100-20201 City Manager Leung reported that the City is moving forward at a rapid p ace due to the information being disseminated; indicated the City is in the mode of preparing, not panicking, and moving forward with Federal, State, and County guidelines; and assured everyone that the City has the structure and organization in place to respond to the community and employees. She utilized a presentation to report on the current situation; highlight actions taken by the City in late February, early March, after the March 12 and March 15 State Guidelines were released, and after the March 17 Orange County Health Officer Order and clarifications were released; announce that, starting March 18, all City buildings were closed and all City meetings, except for Council meetings, were canceled or postponed until the end of March; review City services still available; and discuss next steps and considerations. She encouraged residents to go to newportbeachca.gov/covidl9 for information and for the senior community to contact the OASIS Senior Center at 949-644-3244 with questions or concerns. Police Chief Lewis reported that the Police Department remains a full-service law enforcement agency, but explained how it is operating differently to adhere to social distancing; noted that the County Emergency Operations Center (EOC) is activated; indicated that, as information is being released quickly, they are implementing measures and asked everyone to be patient with them. Fire Chief Boyles reported that there are currently 29 cases of Coronavirus in the County, the City EOC has been operational since Sunday, the Fire Department has been working with skilled nursing facilities and convalescent homes, fire stations have been closed to the public since last week, they discontinued all non-essential public outreach, no Fire Department personnel have exhibited any signs, supplies are sufficient for now, they have a system in place with local hospitals to track exposure of first responders. He indicated that testing has increased nationwide, so the counts will increase. He assured everyone that the Fire Department is ready to respond, not only to public safety, but also respond from a service standpoint. Mayor O'Neill encouraged the City's senior community to call the OASIS Senior Center if they have needs, expressed support and appreciation to medical professionals, their families, and first responders, noted the non -emergency Police number is 949-644-3717, expressed support toward the hospitality industry, restaurants, and parents, noted the City has asked Southern California Edison (SCE) to delay any power shutdowns or planned power outages, reminded everyone that cities are not public health agencies and are taking guidance from the Centers for Disease Control and Prevention (CDC), encouraged the public to pay attention to the medical experts' suggestions, and noted how important volunteers have become in the Year of the Volunteer. Council Member Herdman agreed with Mayor O'Neill, thanked him for his leadership, and asked everyone to stay safe. Council Member Dixon noted these are unprecedented times, received information from City Attorney Harp that the County order needs clarifying, but it was not a "shelter in place" order, thanked City staff and the first responders for activating the EOC, and believed that the message to the public should be to use common sense and do not put yourself or others at risk. Council Member Muldoon thanked the first responders, staff, and the medical professionals, encouraged everyone to practice social distancing and help one another, and believed this emergency will not be insurmountable. Mayor Pro Tem Avery noted how lucky he is to live in Newport Beach, commended City staff and first responders, and encouraged everyone to reach out to their neighbors and take care of each other. Volume 64 - Page 338 City of Newport Beach Special Meeting March 18, 2020 Council Member Duffield commended Mayor O'Neill, expressed support for all the actions the City has taken and will be taking in the future, and thanked staff. Council Member Brenner thanked everyone involved, expressed how proud she is of the City and how it is responding, and cautioned people to consider their health and practice social distancing. Jim Mosher believed the wording in the proclamation is overbroad relative to enforcement and should say the order is specifically related to the emergency, not for any other reason. Regarding Council meetings during the period of the emergency, he suggested that the public be allowed to call in their comments and the City should accept emails and texts during the meeting and they should be read aloud. City Attorney Harp confirmed that the proclamation stipulates that the order ends when the emergency ends. Motion by Mavor O'Neill, 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; andb) adopt Resolution No. 2020-25, AResolution of the City Council of the City of NewportBeach, California, (i)Ratifying the Proclamation of aLocal Emergency Issued on March 15, 2020 by City Manager Grace Leung, the Director of Emergency Services for the City of Newport Beach, and (ii) Approving and AuthorizingCertain Actions Relating Thereto. The motion carried unanimously. VI. ADJOURNMENT - 11:46 a.m. The special meeting agenda was posted on the City'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 March 17, 2020, at 10:00 a.m. Leilani I. Brown City Clerk Will O'Neill a Mayor Volume 64 - Page 339 CITY OF NEWPORT BEACH City Council Minutes Closed Session and Regular Meeting March 24, 2020 I. ROLL CALL - 6:30 p.m. Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield (telephonically), Council Member Jeff Herdman (telephonically), Council Member Kevin Muldoon II. PUBLIC COMMENTS - None III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Susan Bidart Riddle u. City of Newport Beach & John Vallely Orange County Superior Court Case No. 30-2015-00808124-CU-WM-CJC; Court of Appeal, 4th Appellate District, Division 3, Case No. G057397 IV. RECESS - 6:31 p.m. V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield (telephonically), Council Member Jeff Herdman (telephonically), Council Member Kevin Muldoon VII. CLOSED SESSION REPORT - None VIII. INVOCATION - Mayor O'Neill IN. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Avery X. PRESENTATION • Donate Life Proclamation Mayor O'Neill read the proclamation and announced it will be mailed to Joy Bradley. He encouraged people to donate blood during this time of need. XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON Council Member Herdman: • Announced he has been answering constituents' emails regarding City responses to the Coronavirus outbreak Council Member Muldoon: • Thanked staff, first responders, healthcare professionals, and grocery stores for continuing to work; offered his and his wife's prayers for everyone; noted people could email the City about citizens in need; and indicated that Council is thinking about everyone Volume 64 - Page 340 City of Newport Beach Closed Session and Regular Meeting March 24, 2020 Noted the need to protect essential services in the City and asked staff to bring back an item at a future Council meeting to look at all non-essential projects and consider temporarily delaying them Council Member Brenner: • Displayed a slide warning residents not to flush wipes and paper towels in toilets Council Member Duffield: • Encouraged everyone to work through this together and commended staff Mayor O'Neill: • Announced the Transportation Corridor Agency (TCA) is making contingency plans due to the significant decrease in toll roads usage XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 5 (Resolution No. 2020-27: Resolution of Intention to Conduct Public Hearing to Grant New Non -Exclusive Solid Waste Franchises), Jim Mosher questioned whether recycling has been suspended during the pandemic, requested clarication regarding the 55 percent diversion criteria for trash haulers, and asked whether the franchisee has to implement recycling programs for customers producing more than 2 or 4 cu-yds/week. Mayor O'Neill indicated the City received letters from haulers advising that, due to the pandemic, they are suspending all processing of refuse for recyclables, closing recycling facilities, and sending all refuse to the landfill. He believed commercial haulers will follow suit. In response to Council Member Muldoon's question, Public Works Director Webb advised that CR&R is currently doing a single pass because all material is going to the landfill, noted curbside pickup for large items will continue, and confirmed there is no recycling due to the Coronavirus and there being no market for recyclable materials. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 10, 2020 City Council Meeting [100-2020] 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. 2020-9: Accessory and Junior Accessory Dwelling Units (PA2019-248) [100- 2020] a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080.17 and Section 15282(h) of the CEQA Guidelines, which exempts adoption of an ordinance regarding second units to implement provisions of Sections 65852.2 and 65852.22 of the Government Code. Additionally, the ordinance is categorically exempt pursuant to Sections 15303 (New Construction or Conversion of Small Structures) and 15305 (Minor Alterations in Land Use/Limitations); and b) Conduct second reading and adopt Ordinance No. 2020-9, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2019-009 to Repeal and Replace Section 20.48.200 (Accessory Dwelling Units) of Title 20 (Planning and Zoning) and Amend Related Provisions of the Newport Beach Municipal Code Applicable to Accessory Dwelling Units and Junior Accessory Dwelling Units Pursuant to State Law (PA2019- 248). Volume 64 - Page 341 City of Newport Beach Closed Session and Regular Meeting March 24, 2020 RESOLUTIONS FOR ADOPTION 4. Resolution No. 2020-26: Specifying Uses for FY 2020-21 RMRA Funding from the Road Repair and Accountability Act of 2017 [100-2020] 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. 2020-26, A Resolution of the City Council of the City of Newport Beach, California, Adopting a List of Projects for Fiscal Year 2020-21 Funded by SB 1, The Road Repair and Accountability Act of 2017. 5. Resolution No. 2020-27: Resolution of Intention to Conduct Public Hearing to Grant New Non -Exclusive Solid Waste Franchises [421100-2020] 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. 2020-27, A Resolution of the City Council of the City of Newport Beach California, Declaring its Intention to Conduct a Public Hearing to Consider Granting Non -Exclusive Commercial Solid Waste and Divertible Materials Handling Services Franchises. 6. Resolution No. 2020-28: Supporting Submission of a Grant Application Under the Orange County Transportation Authority (OCTA) Measure M2 Tier 1 Environmental Cleanup Program (C-8586-2) [38/100-2020] a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2020-28, A Resolution of the City Council of the City of Newport Beach, California, Authorizing and Approving the Submittal of a Grant Proposal for Funding Under the Orange County Transportation Authority Environmental Cleanup Tier 1 Grant Program. CICIAWY/kC!!I Y3JE�gI7�C!//,1D1 �9/�W K5 Newport Bay Trash Wheel - Approval of Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. (C-7127-3) [38/100-2020] 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) Approve a Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. at a not -to -exceed amount of $464,925, and authorize the Mayor and City Clerk to execute the agreement; and c) Approve Budget Amendment No. 20-041 appropriating $224,925 in increased expenditures from the Upper Bay Reserve unappropriated fund balance to the Public Works, Tidelands Maintenance account (10001-980000-17X12) for the Newport Bay Water Wheel project 17X12. S. Traffic Signal Rehabilitation Project - Fiscal Year 2019-20 - Award of Contract No. 7818- 1 (20T01) [38/100-2020] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (c) (maintenance of existing public facilities involving negligible or no expansion of use); b) Approve the project plans and specifications; c) Award Contract No. 7818-1 to Crosstown Electrical & Data, Inc. for the total bid price of $893,244.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish $89,000.00 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 20-037 appropriating $148,860 in increased expenditures from the Capital Improvement Fund unappropriated fundbalance to the Traffic Signal Rehabilitation Project (Account No.01201927-980000-20T01). Volume 64 - Page 342 City of Newport Beach Closed Session and Regular Meeting March 24, 2020 Council Member Muldoon recused himself on Item 8 due to previous business interest conflicts. 9. Water Transmission Main Valve Replacement - Phase 2 & Alta Vista Regulating Station Relocation Project (18W12 & 19W13) - Amendment No. 1 to Professional Services Agreement with Psomas Engineering, Inc. (Contract No. 7539-2) [38/100-2020] 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) Approve Amendment No. 1 to Psomas Engineering, Inc.'s PSA, to add $82,848.00 to the current contract for a total not -to -exceed amount of $264,868.00; and c) Authorize the Mayor and City Clerk to execute the amendment. 10. Award of On -Call Fencing Maintenance and Repair Services Agreements with Quality Fence Co., Inc. (C-8632-1) & Red Hawk Services, Inc. (C-7178-2) [38/100-2020] a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and b) Approve On -Call Fencing Maintenance and Repair Services Agreements with Quality Fencing Co., Inc., and with Red Hawk Services, Inc.; with each agreement being for a term of two -years and a total not -to -exceed amount of $110,000,0,0, and authorize the Mayor and City Clerk to execute the agreements. .* 11. Final Tract Map No. 18135 for a Residential Condominium Development Located at 1244 Irvine Avenue (C-8630-1) [38/100-2020] 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) Review and approve the Subdivision Agreement for Final Tract Map No. 18135 pursuant to Section 19.36.010 of the Municipal Code, and authorize the Mayor and City Clerk to execute the Subdivision Agreement; c) Review and approve the required construction securities for Final Tract No. 18135 pursuant to Section 19.36.030 of the Municipal Code, and authorize the Public Works Director to execute and release securities; and d) Review and approve Final Tract Map No. 18135 located at 1244 Irvine Avenue pursuant to Section 19.60.010 of the Municipal Code. 12. Approval and Award of Printing Services Agreement with Trend Offset Printing for Newport Navigator and Summer Camp Brochure (C-8631-1) [38/100-2020] 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) Award a five (5) year printing services contract for the Newport Navigator and summer camp brochure to Trend Offset Printing for the total not to exceed bid price of $650,000 or $130,000 each year (2% annual increase included), and authorize the Mayor and the City Clerk to execute the contract agreement. S19. Amendment No. Three to Professional Services Agreement with Harris Miller Miller & Hanson, Inc. for Aircraft Noise Consulting Services [38/100-2020] 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 Amendment No. Three to Professional Services Agreement with Harris Miller Miller & Hanson, Inc. for John Wayne Airport - Aircraft Noise Abatement Departure Procedure Analysis for additional noise consulting services, add $95,000 to the contract for a total not -to -exceed amount of $235,000, extend the term to April 1, 2021, and authorize the Mayor and City Clerk to execute Amendment No. 3 to the agreement. Volume 64 - Page 343 City of Newport Beach Closed Session and Regular Meeting March 24, 2020 MISCELLANEOUS 13. Budget Amendment to Accept a Check from the California State Library for Literacy Services (CLLS) and Appropriate Funds to the Library's FY 2019-20 Maintenance and Operation Budget [100-2020] 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) Accept a check in the amount of $23,874 from the California State Library for Literacy Services (CLLS) and approve Budget Amendment No. 20-038 to increase expenditures by the same amount in the Literacy account. 14. 2019 General Plan Progress Report and Housing Element Report (PA2007-195) [100-2020] a) Find the preparation, review and submission of the 2019 General Plan Progress Report not subject to the California Environmental Quality Act (CEQA) as the actions are not a project as defined by Section 15378(b)(2) of the Public Resources Code; b) Review and comment on the 2019 General Plan Progress Report, including the Housing Element Annual Progress Report; and c) Authorize the Community Development Director to submit the 2019 General Plan Progress Report to the California Office of Planning and Research and the submittal of the Housing Element Annual Progress Report to the State Department of Housing and Community Development. Motion by Mavor Pro Tem Averv, seconded by Council Member Muldoon, to approve the Consent Calendar; and noting the recusal by Council Member Muldoon on Item 8, and the amendments to Item 1. The motion carried unanimously. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Charles Mobe urged Council not to follow Costa Mesa's policy regarding public participation and requested that Council continue any public hearings relative to developments or allow the public to phone in with comments. Mayor O'Neill reported the City is not yet in a position to hold public meetings virtually and encouraged the public to send Council information about what works at meetings. Council Member Dixon noted Mr. Klobe has expertise in this field and has offered his services to the City at no cost. XVII. PUBLIC HEARINGS 15. Appeal of Planning Commission Approval for The Garden Office and Parking Structure Proposed at 215 Riverside Avenue: Coastal Development Permit No. CD2019-023 and Conditional Use Permit No. UP2019-003 (PA2019-023) [100-2020] Motion by Mavor O'Neill, seconded by Council Member Dixon, to continue the item to the April 14, 2020 City Council meeting. The motion carried unanimously. 16. Approval of the Fee Study Update [100-2020] Jim Mosher called attention to the cost recovery table and believed that the City does not have a uniform policy regarding fees charged for appeals. Volume 64 - Page 344 City of Newport Beach Closed Session and Regular Meeting March 24, 2020 XVIII. Motion by Mavor O'Neill, seconded by Council Member Dixon, to continue the item to the May 12, 2020 City Council meeting. The motion carried unanimously. 17. Community Development Block Grant Program - Public Hearing for Preparation of 2020-24 Consolidated Plan [100-2020] Mayor O'Neill opened the public hearing. Jim Mosher discussed the purpose of the hearing, noted the online survey's closing date, and believed the public is not aware of the survey. Mayor O'Neill announced the online survey will be available through March 27, 2020, and residents can search "CDBG' on the City's website to find the survey or enter http://bit.ly/ NewportBeachResident, as referenced in the staff report. Council Member Dixon believed appropriate community involvement can reflect the needs of the community better than the consultant's recommendations alone, wanted to make sure programs that benefit Newport Beach residents are included in the needs analysis, and emphasized the importance of the community having a voice in the use of Federal funds to support underserved areas in the community. Hearing no further testimony, Mayor O'Neill closed the public hearing. Motion by Council Member Dixon, seconded by Council Member Brenner, to find this activity exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The motion carried unanimously 18. Novel Coronavirus (COVID-19) Update [100-2019] City Manager Leung utilized a presentation to discuss recent State, County and City actions, the progress of State and Federal initiatives, and additional considerations. Public Works Director Webb utilized a presentation to report on the temporary closure of beach parking lots and the deployment of changeable message signs. Fire Chief Boyles discussed the current number of COVID-19 oases and a death in Orange County; reported on Newport Beach Fire Department activities and supplies; announced that no Fire personnel have exhibited signs or symptoms, fire stations are closed to the public, and personnel training has been limited; indicated that a system is in place for tracking exposures; Hoag Hospital is ready to use tents for surge capacity; fire personnel are educating and assisting nurses in skilled nursing facilities and convalescent homes; efforts are focused on identifying the needs of the senior community, the disabled and homeless; and residents should call the OASIS Senior Center at 949-644-3244 for medication, meals and supplies for their home. Volume 64 - Page 345 City of Newport Beach Closed Session and Regular Meeting March 24, 2020 Police Chief Lewis reported that the Newport Beach Police Department remains a full service police station with some adjustments, continues to be visible at impacted locations, has engaged in education efforts with businesses, is seeing positive outcomes and understanding from impacted businesses, is working closely with its public safety partners, encouraged everyone to practice social distancing in public spaces and to go to fema.gov/coronavirusrumorcontrol and the City's website for information. He recommended that everyone be aware of scams that manifest during these types of emergencies, announced that the Police Department's non -emergency number is 949-644-3717, reported that the violation of price gouging laws is subject to criminal prosecution and the District Attorney's Office is taking an aggressive stand on price gouging and any COVID-19-related scams, and announced that their hotline number is 714-834-3482. Council Member Brenner noted there have been complaints about teenagers gathering in public locations and not practicing social distancing, and there is a rumor that the City is issuing tickets. Police Chief Lewis indicated the Police Department has been receiving complaints about people gathering in parks and at the beach, but are gaining compliance when the groups are contacted. He stated that Park Patrol and recreation staff are also assisting with this. In response to Council Member Muldoon's question, Police Chief Lewis recommended that residents not open the door to anyone unless they know them and to call the Police Department if they do not believe it is a police officer; however, residents should let visitors know they are at home to prevent forced entries. Council Member Muldoon emphasized that first responders will not show up in hazmat suits without badges or large vehicles displaying the Newport Beach seal. Police Chief Lewis added that police officers and firefighters are only wearing uniforms at this time, and residents can call 911 to verify police officers and firefighters. Council Member Muldoon stated there is no health benefit to stress, the City's staff are some of the best and are trained to interact with residents, residents should not be afraid to see paramedics, a 2019 Johns Hopkins University survey found that the United States is one of the most prepared nations in the world for epidemics, and citizens are blessed to live in a country with agencies that are able to deal with these types of incidents. Mayor O'Neill commended Fire Chief Boyles for his assistance in answering questions these past two weeks and also the Fire Department's work with the County and local hospitals. Council Member Dixon asked how the City could get residents and visitors to stay home, applauded everything staff is doing, and expressed concern that people will park in the residential neighborhoods when parking lots are closed. Public Works Director Webb believed some level of media attention could be effective in informing visitors of the closures and indicated that the Public Works Department does not have the authority to close highways and deter people from coming to the City. City Manager Leung added that the City started the messaging today about the weekend closures; the State, County, and many cities are closing parking lots with a clear, unified message to stay out of beach areas; and staff will closely monitor and enforce illegal parking, implement additional measures if needed, and will evaluate the closures' effectiveness. Council Member Dixon proposed closing the boardwalks on Balboa Peninsula and Balboa Island just for the weekend due to the lack of social distancing, the amount of traffic on them, and their narrow width; keeping beaches open; and allowing people to walk on the fingers to the beach. She commended staff for all their work and communications. Mayor Pro Tem Avery agreed with Council Member Dixon, did not believe there was a way for residents and visitors to use the boardwalk during nice weather and keep any type of social distancing, suggested that staff make this message clear and also get news media coverage, expressed pride in all public safety staff, and believed this will be a tough weekend. Volume 64 - Page 346 City of Newport Beach Closed Session and Regular Meeting March 24, 2020 Council Member Brenner supported closing as many parking lots as possible, expressed concern about parking in residential neighborhoods; recommended that residents park their cars on residential streets to provide fewer spaces for visitors, agreed with closing boardwalks, expressed concern about foot traffic and social distancing on Ocean Boulevard, and suggested people always walk on the sidewalk with the flow of traffic, with bikers and joggers using the street. In response to her question, Public Works Director Webb did not believe closing the OASIS Senior Center lot is necessary, but staff will monitor that. Council Member Brenner recalled closing Balboa Island and the Peninsula to drivers during Bal Week unless they had identification, believed people looking for parking will make the streets dangerous, and recalled at one time the Corona del Mar Residents Association asked the Police Department to put a barricade at the top of Marguerite Avenue on July 4th to divert traffic. City Manager Leung reiterated that staff is publicizing that the beach parking lots will be closed and will evaluate additional measures. She added that staff can handle one closure for a specific event, but staff resources have to be managed if illnesses occur and the situation lasts for an extended period of time. Council Member Herdman believed closing beach parking lots will force people to park in residential neighborhoods, noted last weekend the boardwalk, Marine Avenue and residential streets were impacted, indicated residents are asking if Balboa Island can be closed to non-residents over the weekend since none of the businesses are open, and indicated this could be controlled by signage at the entrance to Balboa Island and at the Balboa Island Ferry landing on the Peninsula side. Council Member Brenner noted she has received complaints about certain businesses and construction being open. City Attorney Harp explained that the Governor's Order exempted a number of services from closing that support critical infrastructure. In response to Council Member Herdman's question regarding making a motion to close Balboa Island, City Attorney Harp reported that many Brown Act provisions have been loosened during the pandemic, but most of those are geared toward how people attend meetings rather than noticing. He pointed out that this agenda item is not an action item but an oral report, and the City Manager is taking everything into account and has the authority to take certain actions. Mayor Pro Tem Avery advised that the City can only deliver so much and has limited resources, and he trusted the City Manager and department directors to come up with the best use of resources. Council Member Brenner requested staff close areas along Ocean Boulevard and, if large crowds return, consider closing the sidewalks on Ocean Boulevard above the beach. Mayor O'Neill announced that the California Coastal Commission recently set guidelines for closures within the coastal zone during the pandemic, read the guidelines, and indicated the City will file an application for the closures already discussed but needs to evaluate how the closures go before applying for more closures. Council Member Dixon believed that the California Coastal Commission's guideline is contrary to the Governor's Order. City Manager Leung did not believe the Order specifically states to stay in your community. Council Member Brenner believed keeping the beaches open would be in the City's best interest, and staff can show pictures of the crowds on the sidewalks and boardwalks, if needed. Jim Mosher discussed the emergency operation plan, noted the City Manager is the Director of Emergency Services, and asked who is the Deputy Director of Emergency Services; believed the City Manager is looking for clearer direction from health authorities before closing public streets; noted the contradiction for seniors to stay at home and to go outside; discussed the possible danger of breathing fresh air even if socially distancing; and stated the importance of people seeing each other during public meetings, even if teleconferencing, the oddity of not having the video aspect of the meeting, and finding technology to be able to see everyone. Volume 64 - Page 347 City of Newport Beach Closed Session and Regular Meeting March 24, 2020 Council Member Dixon thanked staff and encouraged them to continue their hard work and communications. Council Member Brenner reported that Laura Oatman from Congressman Ronda's office requested residents with questions about the Small Business Administration contact her at laura.oatman@mail.house.gov. City Manager Leung shared slides listing where to find news and information, and displaying social distancing signage. Council Member Brenner noted numerous complaints about short-term vacation rentals, even though reservations are down by 90 percent. City Manager Leung stated that Assistant City Manager Jacobs has reached out to property management companies and web platforms to suggest they contact their renters about enforcing social distancing and encouraging postponements. She added that they are finding that over 90 percent of the reservations are being canceled or postponed, code enforcement is being proactive with issues about specific properties and units, and the City can revoke permits if the property owners cannot ensure the safety of its renters. Mayor O'Neill reported that he received comments about insufficient communications and has responded with links to all City communications; encouraged people to go to the City's website and Twitter feed; recommended people trust the Federal Emergency Management Agency (FEMA), U.S. Department of Health and Human Services (HHS), Centers for Disease Control and Protection (CDC), California Department of Public Health (CDPH), Orange County Healthcare Agency (HCA), and Hoag Hospital websites; asked everyone to support the Great American Takeout; encouraged residents to treat everyone with respect; and thanked staff and Council. XIX MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - 8:47 p.m. The agenda and amended agenda were posted on the City'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 March 19, 2020, at 4:00 p.m. and 4:45 p.m., respectively. Leilani I. Brown City Clerk Will O'Neill Mayor Volume 64 - Page 348