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HomeMy WebLinkAbout01 - Minutes - AmendedMay 12, 2020 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Special Meeting April 28, 2020 I. CALL THE MEETING TO ORDER II. ROLL CALL - 3:00 p.m. Present Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner via WebEx: Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon Invocation - Council Member Dixon Pledge of Allegiance - Mayor O'Neill III. CURRENT BUSINESS 1. Emergency Ordinance No. 2020-002: Closing the City lled Beaches; Resolution No. 2020-40: Creating an Ad Hoc Committee to Support siness; and Resolution No. 2020-41: Supporting the County of Orange Boar JW Super ors' Efforts to Re -Open Commercial Business 10 Mayor O'Neill advised that Council would first address Resolution Nos. 2020-40 and 2020-41, and provided details on the proposed Ad Hoc Committee to Support Local Business. Mayor O'Neill utilized a presentation to indicate the concerns and effects of COVID-19 and assured residents that Council will act in the City's best interests. He discussed research and interviews with Hoag Hospital physicians, including Dr. Michael Brandt-Zawadski!s, and provided crisis phone numbers to the public. He shared aerial photos of beachgoers, as provided by Newport Beach Police personnel, agreed that some beachgoers were not social distancing, reported Orange County communities with closed beaches have a higher per capita number of confirmed cases of COVID-19 than communities with open beaches, reviewed the California Coastal Commission standard for closing coastal areas, displayed a map of Council districts where he suspected residents would go to recreate if beaches were closed, read Governor Newsom's April 27, 2020 comments and advice from the California State Parks, and stated Council is actively researching issues, listening to residents, and looking at both long-term and short-term solutions that are in the best interest of the community's health. He noted his support in maintaining open space access and keeping beaches open, believed education and enforcement should be increased, and thanked residents for the trust they have bestowed upon Council. Council Member Dixon thanked the Mayor for his comments and residents for contacting Council with their comments and/or concerns. She indicated that Council and City staff are working hard to protect and provide opportunities for residents to enjoy the City's open spaces. She believed there is agreement that last weekend's beach experience showed disregard for the stay-at-home and social distancing directives, advised that the challenge is to create a plan of action to decrease beachgoers and increase safety, and noted the community safety plan for July 4th, which may be a foundation for safety planning during the COVID-19 pandemic. City Manager Leung acknowledged the comments provided from members of the public and stated the paramount interest of the City is to ensure the safety of the community and residents. She added that, if beaches were to remain open, staff is prepared to increase their presence to actively manage the flow of traffic, parking, and pedestrian safety. Police Chief Lewis proposed a model similar to the plan for July 4th in West Newport with an emphasis on neighborhood safety, indicated the plan works successfully with the cooperation of the Police, Public Works and Fire Departments, and utilized a presentation to explain enhanced Police Department staffing to address concerns on the Peninsula. Volume 64 - Page 365 City of Newport Beach Special Meeting April 28, 2020 Fire Chief Boyles used a presentation to provide a lifeguard staffing overview. Public Works Director Webb utilized a presentation to discuss City parking lot closures, visitor parking limits, lawn area closures, one-way walking direction signage, staff efforts in Cameo Shores, and Oceanfront boardwalk and Balboa Island Bayfront boardwalk closures. Mayor O'Neill reiterated that this would be the proposed plan if beaches were to remain open. Council Member Dixon discussed the deployment of safety personnel on many street corners and expressed her concern with traffic safety measures in residential areas. She expressed her desire to see expanded safety personnel present to manage crowds at G, L, and M Streets and West Jetty Park. In response to Council Member Dixon's question, Police Chief Lewis reported that officers and special teams are tasked with managing social distancing on sidewalks and assured there will be a significant police presence on the Peninsula and a significant lifeguard presence on the beach. Council Member Brenner expressed the need for continued assurances from police personnel and noted a health concern for their increased exposure to large crowds, wl •le enforcing and educating the public. 4 In response to Council Member Brenner's questions Police Lewis reported the need for having police officers on the beach, potential additional staffing resources, and confirmed that the Police Department will support the efforts of the Public Works and Fire Departments. In response to Council Member Dixon's questions, Public Works Director Webb indicated Police Department teams are placed in beach access areas to regulate crowds and parking, nine adjustable electronic message signs will indicate at there is no beach parking and ask that visitors stay home, the Police Department's physica presence will assist with traffic, and the Public Information Officer will communicate pertinent information to the media. Council Member Brenner expressed her cjoncern with individuals who may not follow the news and believed signage and Police Department presence have to be much greater in enforcing closures in order to mitigate potential crowds. Council Member Muldoon commended staff for setting up the meeting and safety personnel for their hard work, noted experts at Hoag Hospital have stated the curve has flattened in Orange County, advised that safety personnel have not seen an increase in cases, believed American citizens are responsible, and expressed the need to talk about hope, opening businesses, and moving forward. In response to Council Member Muldoon's questions, Fire Chief Boyles discussed the latest reported analysis of the COVID-19 situation Countywide, including the day's counts, as reported by the County of Orange; discussed the high morale amongst safety personnel and the enhanced precautions; stated that there are no reported symptomatic Fire Department personnel; reviewed aerial photos of beaches at 24th and 36th Streets taken on April 25, and the beachgoers practicing social distancing and being civil; and reviewed State and County guidelines for opening playground equipment and Governor Newsom's stages for opening additional facilities. Council Member Muldoon indicated beachgoers were practicing social distancing and civility without enforcement, and believed the press accounts were not accurate. He thanked the Police and Fire Chiefs for their staff and objectiveness and noted that Council cannot direct first responders' actions. He suggested opening up parking lots on the Peninsula to prevent visitors from going into residential areas and believed parks should continue to stay open. He commented on fundamental rights, advised that he has communicated to the County and State the desire to move toward opening businesses, thanked Hoag Hospital, medical providers, and those on the frontline, and expressed condolences to the families of the individuals who succumbed from the COVID-19 virus. Volume 64 - Page 366 City of Newport Beach Special Meeting April 28, 2020 Council Member Herdman noted Governor Newsom mentioned that last weekend's events were counterproductive and believed that the City needs to improve their plan. He believed closing the beaches for the next three weekends would save staff time, resources, and would not place staff in jeopardy of increased virus exposure. He expressed concern that, if beaches do not close, the influx of visitors will prevent residents from using facilities for exercise and noted that open beaches are not the sole solution to preventing mental health issues. Jim Mosher observed that the discussion of the community and safety deployment plan is different than what was on the agenda, expressed concern that the ad hoc committee would be holding non-public meetings and discussed its relationship to the existing business advancement committee, and questioned the business reopening committee being composed of Council Members rather than those in the business sector. Theresa Hernandez indicated most people have followed the Governor's request to stay-at-home, but Council has control over parks, beaches, and trails, and expressed her support for keeping the beaches and parking lots open to the public. Mr. Benson expressed his opinion on the economic and political impacts due to the COVID-19 pandemic and stay-at-home order. J Janet Frasier suggested that Council either open tIO parking lots Reople are not walking through the neighborhoods or close the beaches, and believed the economy needs to open and get people back to work. Noah Blum quoted Benjamin Franklin regarding giving liberties for a little safety and read his letter to Council regarding an economic collapse, opening beaches, and defining liberty for Newport Beach. Brian referenced Dr. Anthony Fauci'e and noted the inconsistency in reported number of cases. �1 Beth Cobb questioned the Police Department's ability to control beach -related traffic and believed the health of the ctr( unity and nation should be taken into consideration. Louie Morris qued the closing of the beach restroom facilities and expressed concern for subject ng public yees to cleaning those restrooms. Mary Fitzgerald apFWiated people staying at home, expressed her opinion about the traffic in Corona del Mar, and suggested waiting to open the beaches. Chris Neilson appreciated Mayor O'Neill's and Council Member Muldoon's comments, found Council Member Brenner's perceived eye -rolling offensive, and hoped Council would reconsider the short- term lodging ordinance. Buzz agreed with Council Member Herdman's comments and asked that Council consider limiting the hours the beaches are open, noting that enforcement might be difficult. Mike Este related annual deaths in Orange County for various diseases, questioned closing the entire economy for 39 deaths, and recommended not closing the beaches. An unidentified speaker stated that 10-17% of people are asymptomatic, there is not enough data available to understand the virus, and believed that having the beaches remain open encourages visitors to come to the City. An unidentified speaker agreed with the previous speaker and supported the closing of the beaches to prohibit an influx of visitors into the City. Volume 64 - Page 367 City of Newport Beach Special Meeting April 28, 2020 Scott requested Council keep beaches open and put businesses back on track as soon as possible. Randy Duarte expressed concerns with groups gathering which prevents his family access to exercise and leaveing home while feeling safe, and suggested Council close the beaches or close the roadways to the beaches. Carmen Rawson discussed the need for a mandate to wear face coverings outside and believed more data is needed to make an intelligent decision. Peter thanked everyone for listening to the comments and for all their help, indicated that keeping beaches open encourages people to come to Newport Beach, questioned exposing residents, police officers, and staff to risk, and inquired if Council researched the cost of deploying extra police. Lisa Cassell believed the closing of beaches is vital to health and safety of citizens. An unidentified speaker hoped the beaches stay open and ommended reopening restroom facilities. Council Member Brenner expressed support for the formation of a preopening committee and indicated she would send Governor Newsom a note stating people would be safer at their jobs than on Ocean Boulevard. A Motion by Council Member O'Neill, seconded by Council'Member Muldoon, to a) find this action exempt from the California Environmental Quality Act (CEQA') pursuant to Section 15269(c) (the activity is necessary to prevent or mitigate an emergency), Sections 15060(c)(2) (the activity will not result in a direct or reponably 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) adopt Resolution No. 2020-40, A Resolution of the,City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee to Address'Commercial Re -Opening and Business Advancement in Response to COWD-19 Closi,cres. The motion carrounanimyxsly. Motion by Council Memb(Fr Dixon, seconded by Council Member Muldoon, to a) find this action exempt from the California Environmental Quality Act (`CEQA') pursuant to Section 15269(c) (the activity is necessary to prevent or mitigate an emergency), 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) adopt Resolution No. 2020-41, A Resolution of the City Council of the City of Newport Beach, California, Supporting the Orange County Board of Supervisors' Efforts to Address Commercial Re -Openings in Response to COWD-19 Closures. Council Member Muldoon stated his understanding of residents' fears and expressed his concern for the community if the economy does not open soon. The motion carried unanimously. Motion by Council Member Muldoon, seconded by Council Member Duffield to not adopt Emergency Ordinance No. 2020-002, An Emergency Ordinance of the City Council of the City of Newport Beach, California, Closing City Controlled Beaches in the City of Newport Beach on May 2, 3, 9, 10, 16 and 19, 2020. Volume 64 - Page 369 City of Newport Beach Regular Meeting April 28, 2020 XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Scott Carpenter commended Council on its beach closure vote and indicated that the projected occupancy rate for short-term lodging in Newport Beach is 14% through May 15. An unidentified speaker inquired about the date the Balboa Island boardwalk will reopen and expressed concerns about the dangers of pedestrians walking in the streets due to the related closure. Charles Klobe believed the audio and video quality of last week's Council meeting were better than tonight's, noted the School Board has not yet considered the Ensign Intermediate School project, and stated that the link to public correspondence for Item 9 on the City's website is broken. XVII. PUBLIC HEARINGS 9. Resolution No. 2020-33: Appeal of Planning CommissionA royal for The Garden Office and Parking Structure Proposed at 215 Riverside Avenue (1112019-023) (Continued from the March 24, 2020 City Council Meeting) [100-2020] 0 Community Development Director Jurjis referenced a pre**tation and detailed the vicinity map, project plans, Planning Commission approval and conditions, reasons for appeal, public notice and traffic analysis, geotechnical feasibility, use of a photometric study to determine lighting impacts, compliance with Municipal Code standards for noise and the General Plan, California Environmental Quality Act (CEQA) Class 32 Exemption and piecemealing, noted there would be no impacts to the oak tree on Cliff Drive, discussed proposed modifications to Conditions of Approval Nos. 61 (additional trellis), 62 (lighting turn-off time), and 63 (roof deck closure time), and the addition of Conditions of Approval Nos. 65 (City Arborist review of plans) and 66 (arborist observance of construction), reviewed staff recommendations, and noted that the revised conditions AL of approval were distributed. In response to Council Member questions, Community Development Director Jurjis indicated the parking structure in the project at Dover Drive and Pacific Coast Highway is covered, discussed a 10:00 p.m. closing time for the structure, noted the difficulty in enforcing a motorcycle prohibition, reported that a noise study found no additional mitigation measures or conditions are needed for the upper deck, and confirmed that the project complies with land use, zoning, and design requirements. Scott Laidlaw, architect and Applicant, advised that the proposed plan conforms to the General Plan and stated that the existing 8,000 -square -foot commercial building will be reduced in size to 2,750 square feet. He utilized a presentation to display a rendering of the project, landscaping enhancements, and existing and proposed views of the site and of the existing oak tree location. Susan Hori, counsel for Applicant, reviewed community outreach, noted a 50 -page CEQA analysis and an arborist report were provided, discussed inaccuracies therein, confirmed that the project will not impact the wetland or the existing oak tree, and indicated the project would not have any significant impacts to traffic, noise, air or water quality. In response to Mayor Pro Tem Avery's questions, Mr. Laidlaw stated that the new building will have 20 parking spaces on the lower level and 20� on the upper level to accommodate the rear trellis. Ms. Hori added that the parking structure will be available to other entities through private arrangements. Aaron Ehrlich, Appellants' counsel, utilized a presentation to display where the four Appellants reside in relation to the project and discussed their request to have the project reduced so it is consistent with the surrounding area. Volume 64 - Page 374 City of Newport Beach Regular Meeting April 28, 2020 Due to technical difficulties, Mayor O'Neill recessed the meeting at 8.54 p.m. and reconvened at 8:56 p.m. with all members of the City Council in attendance. Mr. Ehrlich continued his presentation, stating both the Applicant's projects are related and should be considered at the same time, discussed issues with the consistency of the Coastal Development Permit, stated reasons the project requires discretionary approval, a conditional use permit, and conditions of approval, and reported on requirements contained in the Appellants' easement, if further CEQA review does not occur. He further presented non-negotiable starting points for additional conditions of approval, including erecting solid walls with no voids for the portions of the project that back up to the Appellants' homes, installing a roof or complete covering over the upper level of the structure, developing an appropriate aesthetic design that addresses light, noise and glare if the covering is other than a conventional roof, requiring a limit on the number of cars allowed to park on the upper level to equal the number of spaces available, prohibiting motorcycles on the upper level, and requiring that the upper level can only be used 4n4y-for parking. Hal Woods, Appellant commended the Applicant's attention to &ail and respect for the neighbors' quality of life, safety and property rights, and stated that h ould support the project if the conditions outlined by Mr. Ehrlich are included. Ernie Castro, Appellant, expressed disappointment that the hearing was not postponed due to the Coronavirus, believed the project should only require 15 ground parking spaces, the parking structure would serve restaurant patrons late into the evening, and did not believe other parking structures have been approved in close proximity to residential properties. M Due to technical difficulties, Mayor O'Neill recell ed the meeting at 9:19 p.m. and reconvened at 9:21 p.m. with all member of the City Council in attendance. In response to Mayor O'Neill's questicA.-City Attorney Harp indicated the technical issues could result in a due process argument because someone may not have heard everything that was said. He stated that it might be best tcpontinue the item. Mayor O'Neill apologized for the technical issues. Motion by Mavor O'Neill, seconded by Council Member Brenner, to continue the item to the May 12, 2020 City Council meeting. The motion carried unanimously. Mayor O'Neill recespd the meeting and 9:26 p.m. and reconvened the meeting at 9:38 p.m. City Clerk Brown took roll call, as follows: Present Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council via WebEx: Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon Mayor O'Neill recommended continuing Items 10 and 14 due to the technical issues that have been occurring during the meeting. 10. Ordinance No. 2020-14: Terminating Non -Exclusive Commercial Solid Waste Franchises [241100-2020] Motion by Mavor O'Neill, seconded by Council Member Herdman, to continue Item 10 to the May 12, 2020 City Council meeting. Jim Mosher inquired about the public hearing on granting a solid waste franchise under a new agreement, as Council previously adopted a resolution indicating the hearing would be tonight. Volume 64 - Page 375