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HomeMy WebLinkAbout01 - Minutes - AmendedJuly 14, 2020 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Study Session and Regular Meeting June 23, 2020 I. ROLL CALL - 5:00 p.m. Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon II. CURRENT BUSINESS SSI. Clarification of Items on the Consent Calendar In response to Mayor O'Neill's questions regarding Agenda Item No. 9 (Old Newport Boulevard and West Coast Highway Modifications), Deputy Public Works Director Houlihan reported the California Environmental Quality Act (CEQA) analysis was completed and certified in 2017, Vehicle Miles Traveled (VMT) is not an issue, the project will remove the pork chop and maintain the three lanes on either side, and the project will not create a third lane through Mariners' Mile. In response to Council Member Brenner's question regard ngg 4eenda Item No. 9, Deputy Public Works Director Houlihan advised that staff has been working with the A -S Restaurant and Caltrans on a land swap, noted that the project began in 2013, and the proposal is to amend the contract to complete the final design, added that Caltrans wants a continuous bike lane, and the General Plan Update will not change anything in the area. In response to Council Member Dixon's question regarding Agenda Item No. 9, Deputy Public Works Director Houlihan explained the design of the intersection and the swap of land. In response to Council Membern's question regarding Agenda Item No. 9, Deputy Public Works Director Houlihan stated are no talks of eminent domain. In response to Mayor O'Neill's question regarding Agenda Item No. 10 (School Resource Officer Program Agreement), City Manager Leung related that 80% of costs will shift to the City if schools close for 30 days, if there is an extended school closure, officers will be deployed partially to other parts of the City, and noted that staff and the Council can evaluate the agreement annually to determine if it is needed. In response to Council Member Brenner's question regarding Agenda Item No. 10, City Manager Leung indicated school resource officers are utilized not just on school campuses but were deployed to protests. Council Member Brenner suggested school resource officers work with Lifeguards regarding drug activity on beaches and bridge jumping. In response to Council Member Dixon's question regarding Agenda Item No. 10, City Manager Leung explained that school resource officers are deployed to various events and activities, including City Council meetings, during school breaks and the current cost share is split 50/50. Council Member Dixon hoped that officers can monitor the bridge or assist Lifeguards. SS2. Proclamation Recognizing Corona del Mar High School Principal Kathy Scott Mayor O'Neill read the proclamation that he and Karen Yelsey, Vice -President of the Newport - Mesa Unified School District, presented to Principal Scott on June 19, 2020. He thanked her for her service. Volume 64 - Page 435 City of Newport Beach Study Session and Regular Meeting June 23, 2020 Council Member Dixon: Attended the Balboa Yacht Club (BYC) opening day celebration. Council Member Duffield: • Commended the Recreation & Senior Services Department for offering a fabulous sports camp, which his grandchildren thoroughly enjoyed. • Attended the BYC opening day. Council Member Brenner: • Worked with the Corona del Mar Business Improvement District (BID) regarding its COVID-19 response and expenditure of funds. • Attended meetings of the Corona del Mar Residents Association and its Historical Subcommittee and met with their members to capture all the City's resources and prepare historical films. • Requested future agenda items regarding limitations on implementation of residential parking programs and on environmental protections. Mayor O'Neill: IL • Reported the Transportation Corridor Agency (TCA) a a,.., jHaqAii4 1441,, imn Boards adopted a new debt policy modeled on Newport Beach's policy. • Thanked the Newport Beach Foundation and residents for feeding and supporting the Newport Beach Police and Fire Departments. • Announced his office hours have been cancelespecial meeting regarding appeal of the Encroachment Permit for Ensign Intermediate Sc on Thursday at 3:00 p.m., and a Housing Subcommittee meeting on July 1 at 6:00 p.m. _ XI. PUBLIC COMMENTS ON CONSENT CALL R.19 Mayor O'Neill exercised the Mayor's prerogative to remove Agenda Item Nos. 11 (Approval of COVID- 19 Relief Funding Support for the Balboa Village Merchants Association) and 12 (Approval of COVID- 19 Relief Funding Support for the Balboa Island Merchants Association, Inc.) from the Consent Calendar and placed them on the agenda following Agenda Item No. 20 (Novel Coronavirus Update). Council Member Muldoon registered "no" votes on Agenda Item Nos. 3 (Ordinance No. 2020-10: Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery) and 14 (Temporary Employment Agreement for a Principal Planner). I Council Member Brenrequested the Minutes for the June 1, 2020 Special Meeting reflect her question of what the Cou y plans to do with the other $325 million they were given for COVID relief. Because Council received an extraordinary number of applications for COVID-19 relief funding, she wanted the Council to consider asking for additional funds from the County. Jim Mosher, addressing Agenda Item No. 15 (Planning Commission Agenda for June 18, 2020 Meeting), noted in the past the City Council heard an oral report from the Planning Director, discussed the Planning Commission's approval of Fire Station 2, which will be located on a parcel zoned Commercial Visitor -Serving, noted fire stations are supposed to be located on parcels zoned as Public Facility (PF), and suggested Council call the approval for review to inquire about changing the zoning designation of the parcel. Charles Klobe, addressing Agenda Item No. 9 (Old Newport Boulevard and West Coast Highway Modifications Amendment No. Five), indicated the staff report states the proposed improvements include adding a third lane, a right -turn pocket, and a bike lane and noted the staff report does not contain a picture of the proposed improvements, believed it is inappropriate to expect residents to remember Caltrans' 2017 approval, and suggested Council remove it from the Consent Calendar and refer it to Public Works for further review due to resident concerns pertaining to the widening of Pacific Coast Highway through Mariners' Mile. Volume 64 - Page 439 City of Newport Beach Study Session and Regular Meeting June 23, 2020 Thomas Horton explained why Newport Island is different and supported the City's attempts to retain quality of life and the phased approach. Jim Mosher inquired regarding the edits mentioned in the Community Development Director's presentation and believed the Emergency Ordinance should be a regular ordinance. Mayor O'Neill reported the edits were derived from Mr. Mosher's comments. Craig Batley stated he refuses to operate short-term lodging on Newport Island and Newport Shores because they are residential neighborhoods and supported stricter enforcement. Max Johnson believed the Peninsula is the mecca for short-term lodging, restrictions should be enacted, higher fines and phasing is appropriate, and the Peninsula is a war zone. Joe Bowerbank, Newport Island, noted changes to Newport Island since he moved there 10 years ago and believed there needs to be a balance of permitted short-term lodging on Newport Island. President of Newport Island Community Association believed that some owners of short-term lodgings ensure their tenants are vetted, but the majority of owners are not good managers and reviewed the results of a survey of Newport Island property owners. Ms. Wyatt indicated quality of life is an issue for residen0cf Newport Island, an influx of short- term lodging has created parking issues and traffic hazards, anjksked Council to explore additional means to protect residents' safety and to cap the number of s t -term lodgings. Don Abrams advised that his company manages vacationkentals and rents to families, supported most of the new restrictions, believed most complaints about vacation rentals are not true, and he opposed the limit on total nermits4Res and losing permits if not used after two years. Dr. Baccaro, vacation rental owner, indicated all her properties have security cameras that are monitored, inquired about protections against neighbors trying to sabotage rental units, and believed renters are being singled out. An unidentified speaker did not b*pve that 75% of residents are against the detrimental effects of short-term lodging, indicated th4proposals for Phase 1 and Phase 2 are necessary, and believed 98% of short-term to( ngs are i i epair. Patricia Grady felt as though she is being punished for living in her home and questioned whether she should wait for a solution. Larry Robinson stated Newport Island is unique, he was told Newport Island had no short-term lodging when he purchased his property, supported owner occupation of the property and a minimum stay of a month, and noted the lack of monitoring short-term rentals. Gary Sherwin, Visit Newport Beach President, related that tourism in Newport Beach is always a balance of business and quality of life and Visit Newport Beach supports staffs proposals. David Grouse advised that over the past several years his neighborhood has changed from owner - occupied and long-term rental housing to nine short-term rental houses located within V/2 blocks of his home, believed enforcement is the key issue, and suggested limiting short-term lodging to one every block or 500 feet and providing a 24-hour telephone line for complaints. Paul Hoffman believed short-term lodging compounds the parking problem on Newport Island and indicated roads on Newport Island are one lane. Volume 64 - Page 448 City of Newport Beach Study Session and Regular Meeting June 23, 2020 Charles Klobe named4Rkec4 the Council Members who could not have short-term lodging near their homes, stated that short-term lodging lowers property values, residents' quality of life is negatively affected by short-term lodging and supported limiting short-term lodging on Newport Island. Jeff Jordan indicated his next-door neighbor turned her home into short-term lodging, and it became a nightmare and hopefully the Council can protect residents. Lisa Ducat focused on the Council's adoption of the Emergency Ordinance due to COVID-19, believed short-term lodging is a permit and zoning issue, and stated that Newport Island should not be singled out. Penelope Gilbert advised that her Newport Island property has been in her family since 1946 and the proliferation of short-term lodging has changed Newport Island. An unidentified speaker suggested resident's need to be better neighbors and life on the island has changed because of short-term rentals and large houses with more people and more cars. Scott McFetters indicated all residents have had problems with short-term lodging on Newport Island, cars block emergency access and garages, and a preference for requiring an owner -occupied situation or a ban through the CCC on short-term rentals on Newport Island. In response to Council Member Brenner's questions, City Attorney Harp reported the City does not get involved in contractual affairs between a business owner and tenant. Community Development Director Jurjis advised that the next phase includes a clause allowing a rental of less than one week if the owner lives on the property. He reported that the City's online database for short-term rentals can include the occupant load, occupant load is based on the Building and Fire Codes and is calculated by dividing the floor area in s uare feet by 200, a separate Emergency Ordinance is needed to increase the minimum stay four nights, the City remains under the emergency health order, and the only way the City can ban these items is through an emergency process. or Council Member Brenner remaked that long-term renters and property owners should not behave in the manner that venerates complaints about short-term renters, the City needs to make sure citations are issued, the majority of people who have bought duplexes are business people and are losing tenants because of nearby short-term lodging, and hoped Council has come up with some fair and equitable solutions. Council Member Dixon clarified that a short-term rental permit is a privilege, not a property right. In response to her question, City Attorney Harp indicated a short-term rental is not a property right. City Attorney Harp corrected scrivener's errors in Ordinance 2020-15 as noted by Mr. Mosher, Section 5.95.065 should reflect "violates any short-term lodging permit condition;" and appeals should go to the Finance Director. Motion by Council Member Dixon, seconded by Council Member Herdman, to a) find 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) waive full reading, direct the City Clerk to read by title only, introduce amended Ordinance No. 2020-15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 3.16.060 and Chapter 5.95 of the Newport Beach Municipal Code Relating to Short Term Lodging, and pass to second reading on July 14, 2020. With Council Member Muldoon voting "no," the motion carried. Motion by Council Member Dixon, seconded by Council Member Herdman, to a) find 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 Volume 64 - Page 449 City of Newport Beach Study Session and Regular Meeting June 23, 2020 change to the environment, directly or indirectly; b) pursuant to City of Newport Beach Charter Section 412, waive full reading, direct the City Clerk to read by title only, and adopt agtea a Emergency Ordinance No. 2020-006, An Emergency Ordinance of the City Council of the City of Newport Beach, California, Prohibiting the Rental of Any Lodging Unit on Newport Island for a Period of Four Consecutive Nights or Less, to Any Person Other Than a Medical Professional or Emergency Responder Coming to the City of Newport Beach to Aid with the COWD-19 Outbreak. In response to Council Member Muldoon's question, Mayor O'Neill explained the vote for the prior motion. Mayor O'Neill believed an Emergency Ordinance is the wrong avenue for Newport Island In response to Council Member Dixon's question, City Attorney Harp advised that the emergency remains in effect, Council is saying a complete ban is not necessary and will repeal and replace the ordinance with the four -night minimum requirement, and Council needs to provide justification for treating Newport Island differently from the rest of the City. fik Mayor O'Neill noted he could not make the findings for the original ordinance but must make the findings to reverse the original ordinance. In response to his question, City Attorney Harp indicated the coastal development permit was handledby CCC staff. Community Development Director Jurjis added that the City submitted the emergency ordinance to the CCC and did not receive any comments. Council Member Dixon stated it is only until the emergency is over. Mayor O'Neill clarified that he did not understand how adding a night will fix an emergency situation. City Attorney Harp suggested the basis for the emergency ordinance are similar to those of the original ban on Newport Island: the narrow streets and the density. Mayor Pro Tem Avery indicated if Council is not banning it; it is quashing it. Council Member Muldoon related that he will vote no because he opposes the four -night restriction With Mayor O'Neill and Council Member Muldoon voting "no," the motion carried. 20. Novel Coronavirus (COVID-19) Update [100-2020] City Manager Leung reviewed recent State actions for early Stage 3 re -openings, mandatory face coverings, the resumption of additional Stage 3 businesses and activities, and Health Officer approvals as of June 19. Fire Chief Boyles continued the presentation with statistics for COVID-19 cases and deaths, the Fire Department's call load and responses to COVID-19 cases, and Fire personnel exposure to COVID-19. Junior Lifeguard training for the A Division began that day, and training for B, C, and D Divisions will begin on July 6. Council Member Muldoon indicated he has been told the New York Times article that states that perk patients from other counties are being sent to Orange County hospitals is accurate, those patients count toward Newport Beach's numbers, the City's ranking compared to other Orange County cities is dropping, more testing is good because it provides data, and Newport Beach and the County are being very responsible. Council Member Dixon noted Council Member Muldoon is correct that the County includes those patients in the City's statistics and Hoag Hospital's patient number is still very low. In response to her question, Chief Boyles advised that no Fire Department employees have tested positive for the coronavirus and that Orange County hospitals have the capacity for COVID-19 patients. Mayor O'Neill added that the document is called the Medical Health Operational Area Coordination Volume 64 - Page 450 City of Newport Beach Study Session and Regular Meeting June 23, 2020 City Manager Leung reported July 4rh festivities will include the Old Glory Boat Parade and a flyover and the holiday will be quite different with no mass gatherings or firework displays. Police Chief Lewis utilized a PowerPoint presentation to review July 4rh Police operations, assistance from area agencies, the safety enhancement zone, street closures, key safety objectives including proactive enforcement of Alcohol Beverage Control (ABC) licenses and firework violations, and redeployment of resources to handle traffic. In response to Council Member Brenner's question, Chief Lewis assured the community that the safety enhancement zone in West Newport does not mean the rest of the City will be ignored in that additional officers will be deployed across the City. In response to Council Member Dixon's questions, Mayor O'Neill indicated face coverings are not required on the beach, but social distancing is required. Chief Lewis advised that officers will be present on beaches and seek cooperation to prevent people from congregating. Deputy City Manager Finnigan, using a slide, reported the Small Business Relief Grant Program closed on June 16, 904 applications have been received and sorted into priority tiers, grants have been awarded to the top priority tier, and a lottery is scheduled for June 24. Mayor O'Neill requested staff provide Council with the number of applications awarded grants in each tier and prepare a press release. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 11. Approval of COVID-19 Economic Relief Funding Support for the Balboa Village Merchants Association (C-8644-1) [38/100-2020] l A..... r-eN,..1 of 0;A71D la Ti`.,......mie Relief Funding C�....... er# for- the Balboa Island Mer-e1.ants ra. rrp oaa�roo A.....-eiatien inn (C S6 AG 4) [38,400 9/19/11 Mayor O'Neill opposed approving fund, for both organizations because both have cash on hand. Council Member I ipported approving funding for both organizations because it is a unique opportunity for the two organizations to combine marketing and the existing businesses in both villages produce sales tax revenue and jobs and added that the two organizations should not be penalized for being good fiscal stewards. Council Member Herdman reminded Council that if COVID-19 had not happened, the recommendation likely would have been no funding for these organizations this year, conditions have been placed on receipt of the funds, and it is a one-time expenditure. Motion by Mavor O'Neill, seconded by Council Member Duffield, to deny COVID-19 Economic Relief Funding Support for the Balboa Village Merchants Association. In response to Council Member Muldoon's questions, Deputy City Manager Finnigan indicated Balboa Village's liabilities and equity total $84,335, assets include seasonal decorations, and cash on hand totals approximately $48,000. Council Member Muldoon related that he will support Agenda Item No. 12 but probably not Agenda Item No. 11. Mayor O'Neill clarified that the Agenda Item Nos. 11 and 12 are basically the same because the two organizations will combine their efforts and together, they already have sufficient funding for the proposed program. With Mayor Pro Tem Avery, Council Member Brenner, Council Member Dixon, Council Member Herdman, and Council Member Muldoon voting "no," the motion failed. Volume 64 - Page 451 City of Newport Beach Study Session and Regular Meeting June 23, 2020 Motion by Council Member Dixon, seconded by Council Member Herdman, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) approve the Balboa Village Merchants Association Fiscal Year 2019-20 Annual Report, Fiscal Year 2020-21 Proposed Projects and Budget, Profit and Loss Statement for FY 2019-20 and balance sheet of current assets; c) authorize the City Manager to allocate $40,000 in COVID-19 Economic Relief Funding Support to the BVMA in Fiscal Year 2020-21; and d) authorize the City Manager to execute a grant agreement with the BVMA for Fiscal Year 2020-21. With Mayor O'Neill, Mayor Pro Tem Avery, and Council Member Duffield voting "no," the motion carried. 12. Approval of COVID-19 Economic Relief Funding Support for the Balboa Island Merchants Association, Inc. (C-8645-1) [38/100-2020] Ak Council Member Muldoon would not support the staff recommendation because he believed Balboa Island Merchants Association, Inc. does not represent the best interests of Balboa Island. Motion by Council Member Dixon, seconded by Council Member Herdman, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) approve the Balboa Island Merchants Association, Inc. (BIMAI) Fiscal Year 2019-20 Annual Report, Fiscal Year 2020-21 Proposed Projects and Budget, Profit and Loss Statement for FY 2019-20 and balance sheet of current assets; c) authorize the City Manager to allocate $20,000 in COVID-19 Economic Relief Funding Support to BIMAI in Fiscal Year 2020-21; and d) authorize the City Manager to execute a grant agreement with BIMAI for Fiscal Year 2020-21. A* With Mayor O'Neill, Mayor Pro Tem Avery, and Council Members Muldoon and Duffield voting "no," the motion failed. Motion by Mavor O'Neill, seconded by Council Member Muldoon, to deny COVID-19 Economic Relief Funding Support for the Balboa Island Merchants Association, Inc. With Council Members Brenner, Dixon and Herdman voting "no," the motion carried. XVI. PUBLIC HEARINGS 21. Resolution No. 2020-64: Confirming the Levying of Assessments and Appointing the Advisory Board of Directors for the Corona del Mar Business Improvement District's Fiscal Year 2020-21 [100-2019] Mayor O'Neill opened the public hearing. Hearing no F •testimony, 'aye0" -he closed the public hearing. City Clerk Brown reported no protests were received. Motion by Council Member Brenner, seconded by Council Member Dixon, to a) adopt Resolution No. 2020-64, A Resolution of the City Council of the City of Newport Beach, California, Confirming the Levying of Assessments for the Fiscal Year of July 1, 2020 to June 30, 2021 for the Corona del Mar Business Improvement District, since the protests received were less than 50 percent of the total assessment amount; b) 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 c) appoint the following Corona del Mar Business Improvement District members to Volume 64 - Page 452 City of Newport Beach Study Session and Regular Meeting June 23, 2020 Motion by Mavor O'Neill, seconded by Council Member Muldoon, to waive Council Policv A-1 and to discuss the final agenda item since it is past 11:00 p.m. The motion carried unanimously. 23. Ordinance No. 2020-16: Introduction of a Nonconforming Sign Code Amendment (PA2019- 184) [100-20191 Council Member Duffield recused himself due to business interest conflicts. In response to Council Member Dixon's question, Mayor O'Neill indicated CCC approval is needed if the Council wants to extend the period or amend the General Plan. City Attorney Harp added that a vote of the people is not required under General Plan provisions and either process will require the same amount of time. In response to Council Member Dixon's question, City Attorney Harp advised that the resolution will return to the Planning Commission, who will prevent historical signs from being eliminated. Council Member Brenner questioned whether the Council should make a late-night decision when staff has put a lot of work into this and a lot of businesses have brought their signs up to code. Mayor O'Neill explained that it applies to existing figns only, future signs will have to comply with Code requirements, repairs cannot change signs, and both the Council and the Planning Commission have vetted it. Council Member Dixon added that the significant ordinance will remain in effect. In response to Council Member Brenner's question, Mayor O'Neill indicated replacement of signs will be handled on a case-by-case basis. Mayor O'Neill opened the public hearen�. or Craig Batley supported the Pla m Commission recommendation and indicated the same discussion will occur if the d ision is delayed five or ten years from now and a lot of signs will go away over time. Jim Mosher suppor ng Commission recommendation, suggested Council continue the item to the next me er to debate it, discussed where the 2005 Code came from, and noted no public commen ere offered at the Planning Commission meeting and only two public comments at three cil meetings. J.C. Clow, Winery Restaurant, supported the Planning Commission recommendation, stated in these challenging times, improving signs will be a huge inconvenience and an unnecessary cost for business owners, and commended Deputy Community Development Director Campbell's presentation to the Planning Commission. Hearing no further testimony, Mayor O'Neill closed the public hearing. Motion by Council Member Muldoon, seconded by Council Member Dixon, to a) find this project categorically exempt from the California Environmental Quality Act (CEQA') pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; b) w& e a,n _ a4iii a<_ .t t4 (44y seeHii4 v, a4iiig Hii r. -l. 14, 2020 e) adopt Resolution No. 2020-66, AResolution of the City Council of the City of Newport Beach, California, Initiating Amendments to the City of Newport Beach Volume 64 - Page 454 City of Newport Beach Special Meeting June 25, 2020 Dennis Baker indicated the overall process was bad, SPON is concerned about the whole process, and hoped Council would discuss the project beyond the City permit. Kristen Petros advised that she witnessed the removal of the trees and was aghast that the School District acted before discussing it with the City and neighbors, stated that the trees screened the school buildings and provided habitat for birds and shade for children and teachers, believed the School District ignored alternatives that did not remove trees, and suggested Council rescind the permit until the School District implements a list of conditions she previously provided in writing. Nancy Barfield utilized a presentation and two videos to discuss the project timeline, the description of the project, a petition to save the trees, the safety of the proposed drop-off, the City's plan providing greater student safety and not creating circulation issues, the School District blindsiding the City with the project, the lack of an environmental report on the soil, tree destruction on Monday, comments made from the construction crew, the Board of Education's need for a better relationship with the community, and believed Council should not grant the encroachment permit. Nancy Scarbrough shared a video of trees being removed, than Police Chief Lewis and Sergeant Oberon for their professional and calm management, noted pr were not out of control, just emotional, discussed behavior of the District and felt they did t extensive outreach to the community, believed the alternate plan deserves additional co ation, and stated that the community is pleading for time to discuss revising the project. An unidentified speaker stated one design does not include the banana parking lot, believed tax dollars are funding the project, and felt the cutting down of the trees was underhanded. She asked Council to look at alternative plans and stop the destruction. The McKenney tVLamily indicated they picked the community to live in because of the trees and believed in children's safety, but felt the trees are a big part of the community. Mary Didomenico expressed astonishment about the School District's actions and history of not listening to the community, related that the community learned about this plan via the January 28, 2020 Council meeting and attended the February 11 Board of Education meeting, stated that the principal of Ensign did not reach out to the PTA or parent groups, and noted that she is working with an arborist to determine the monetary loss of removing the trees. Bill Dunlap expressed concern about the breakdown of communication between the School District and the Council, stated that the School District seemed to disregard the Council's authority, believed the Board of Education needs term limits for members, and questioned whether this is the beginning of the School District doing what it wants to do. Charles Klobe related that the Board of Education made a finding that the project was exempt from the California Environmental Quality Act (CEQA) because there was no environmental damage. He f4 -hoped Council would stop or slow this project so that a respectful discussion could occur. Nancy Skinner questioned the Board's message to school children and suggested Council pause the encroachment permit so that the community can heal and discuss solutions. Phil Greer stated SPON could do nothing about the tree removal because the required 24-hour notice was provided on Monday at 9 a.m., noted that the School District had not communicated to the community but misrepresented its actions and bulldozed the process, suggested that Government Code Section 53067 protects trees, also suggested that Civil Code Section 3346 imposes treble damages on anyone who intentionally destroys a tree, believed the School District maliciously and willfully damaged the trees, stated that SPON will seek treble damages from the School District and the two contractors, and discussed a June 3, 2020 email from Deputy Public Works Director Houlihan to Ms. Barfield. Mr. Greer, on behalf of SPON and the community, asked Council to deny the permit and challenge the CE QA application. Volume 64 - Page 458 City of Newport Beach Special Meeting June 25, 2020 Mr. Covert suggested everyone think about the safety and security of the children, noted that the Government Code section about trees does not apply to School District property and the Sschool Spite Ceouncil supports the project, noted that City staff found that the project is safe and the State of California approved the project through a rigorous permit process, and stated that Council should not delay the project so that the permit can proceed and the project can be completed before the start of school. Hearing no further testimony, Mayor O'Neill closed the public hearing. In response to Mayor O'Neill's questions, City Attorney Harp advised that the City has not been served with a copy of the complaint against the School District and the City. Mr. Greer clarified that the City is not named in the lawsuit and that a hearing on the temporary restraining order is scheduled for Monday. At the Mayor's request, City Attorney Harp read the court's order. Mayor O'Neill noted no trees can be removed between now and Monday. In response to Council Member Herdman's questions revardiAL, the four required findings staff indicated the curb -cut driveways ^a4 . itpi4 f i Holt not do not exc 10% sloe and they comply with City standards. With respect to the demand for parking, staff at the existing condition for traffic during peak periods and found that double parking and conges ion is present and the biggest change from a traffic perspective is the proposed single point of entry on Cliff Drive, which will cause more traffic. Staff further noted that parking is tied to the project in that off-street parking will take some load off Cliff Drive. Council Member Herdman assumed the welfare of children includes safety, believed the School District will have to stop the project, noted that the public has not heard any plans concerning the start of school and felt urgency to complete the project prior to then is not yet a concern, stated that Council Policy L-2 is being followed, advised that the project could alleviate some parking problems and provide improvement to vehicular and pedestrian traffic, and stated that while he is sympathetic to all the concerns of the public, Council has to base its decision on those four findings. or In response to Council Member Brenner's questions, Mr. Covert reported the project contractor, TELACU, is a listed contractor and currently working for the City of Newport Beach. Tim Holcomb, Assistant Superintendent, indicated the State standard for parking does not deal with student parking at high schools but with teachers and staff and the standard is 2.25 spaces per teaching station. 0 Council Member Brenner disagreed with Mr. Covert's statement that the school board owns the trees on school property because taxpayers fund the School District, and the school board represents citizens. She related that her grandchild attends Ensign and the City is very concerned about student safety and worried about the single entry and traffic conditions at Irvine Avenue and Cliff Drive, noted the partnership between the City and the School District and did not understand why the alternate proposal was not discussed, and was disappointed on Monday by the brutality of the contractors destroying the trees. Council Member Brenner further noted that eleven hundred kids signed the petition and wanted a dialogue with the school board, stated that Council sat through hours of testimony about removing diseased trees from Marine Avenue, and the removal was thoughtfully done, and hoped the City and School District could be partners and do what is best for the parents and kids. In response to Mayor Pro Tem Avery's questions, Mr. Holcomb indicated two trees near the school's entry are designated for demolition. Board Member Fluor noted two trees are protected and will remain. Mr. Holcomb reported the project includes extensive landscape improvements along Cliff and Irvine, and the school board has requested 1:1 replacement of trees and offered to complete the parkway planting along Cliff drive. Mayor Pro Tem Avery believed a project could have been crafted that did not remove the trees and provided for the safety of children, while communicating effectively with the community taking into Volume 64 - Page 459