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HomeMy WebLinkAbout04/14/2020 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 14, 2020 I. ROLL CALL - 6:30 p.m. 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 In response to Council Member Dixon's question regarding the need to proceed with Items 5, 6 and 8, City Manager Leung advised that the projects were carefully evaluated and staff will be closely monitoring expenses. She emphasized the importance of continued maintenance and repair of infrastructure, explained why the projects are a priority for the City, noted funding has been set aside for these projects, and stated that building excise funds and equipment replacement funds will be used for Items 5 and 8. In response to Council Member Brenner's question regarding Mr. Mosher's written comments relative to Item 5, City Manager Leung indicated that she will check with the Finance Department and see if an adjustment to the building excise tax amount is needed. II. PUBLIC COMMENTS - None 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. 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 7:04 P.M. FOR REGULAR MEETING VI. ROLL CALL 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 VII. CLOSED SESSION REPORT - None VIII. INVOCATION - Council Member Dixon IX. PLEDGE OF ALLEGIANCE - Council Member Herdman X. PRESENTATION • National Library Week: Newport Beach Public Library's Return on Investment Mayor O'Neill reviewed the "Seven Coolest Things" about Newport Beach's libraries. Volume 64 - Page 356 City of Newport Beach Regular Meeting April 14, 2020 XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor O'Neill requested that the formation of a business reopening committee be considered at a future meeting XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Evaluation of current budgeted capital projects for potential six-month hold of lower priority projects due to the fiscal impacts of the COVID-19 global pandemic [Muldoon] It was the consensus of the City Council to bring this item back at a future meeting. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher, addressing Item 7, inquired whether staff is working with the old vendor or the new vendor regarding its bond. Public Works Director Webb reported staff is working with the second vendor regarding the one-year contract. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 18, 2020 Special Meeting and March 24, 2020 City Council Meeting [100-2020] Waive reading of subject minutes, approve as written, 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. RESOLUTION FOR ADOPTION 3. Moved to Current Business 4. Item Removed CONTRACTS AND AGREEMENTS 5. 2019-2020 Playground Refurbishment Project — Award of Contract No. 7737-1 (20P01) [381100-2020] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301—Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines, because this project results in no expansion of an existing use; b) Approve the project plans and specifications; c) Declare the bid submitted by JMJ Construction of Winchester as non-responsive; d) Award Contract No. 7737-1 to R.E. Schultz for the base bid price of $256,921.50, and Additive Bid Item No. 1 for $14,700.00 for a total bid price of $271,621.50, and authorize the Mayor and City Clerk to execute the contract; and e) Establish a contingency amount of $27,378.50 (approximately 10 percent) to cover the cost of unforeseen work not included in the original contract. Volume 64 - Page 357 City of Newport Beach Regular Meeting April 14, 2020 Slurry Seal Program - Award of Contract No. 7681-1 (Project No. 20R04) [381100-2020] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No 7681-1 to Roy Allan Slurry Seal, Inc., for the total bid price of $1,082,606.20, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $54,000.00 (approximately five percent of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 20-042 transferring appropriations of $81,154.00 of Measure M funding from the Bison Avenue Pavement Rehabilitation Project (Account No. 12201-980000- 19821) to the Slurry Seal Program Project (Account No. 12201-980000-20R04). 7. Approval and Award of Maintenance and Repair Services Agreement with RD Systems, Inc. (C-8633-1) [381100-2020] Remove from the agenda. 8. Approval of a Purchase Agreement with South Coast Fire Equipment, Inc. for the Purchase of a Type 3 Wildland Fire Apparatus (C-8634-1) [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) Waive City Council Policy F-14 and approval of a Purchase Agreement with South Coast Fire Equipment, Inc. for a not to exceed amount of $509,902.44 for the purchase of a Pierce Manufacturing Type 3 Wildland Interface Fire Apparatus. Motion by Mayor Pro Tem Avery, seconded by Council Member Herdman, to approve the Consent Calendar; and noting the removal of Item 3 to Current Business, the removal of Item 7 from the agenda, and the amendment to Item 8. The motion carried unanimously. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR — None XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Jaleel Shabaz asked where Orange County and Newport Beach stand regarding the future of technology Charles Klobe noted a problem while he was on hold on the phone and inquired whether the Finance Committee meeting would have public comment from the Community Room or by telephone only. Jonathan O'Connell thanked Council for not closing the beaches, dissimilar to other cities with more restrictive mandates. He believed the timeframe used in the data and analysis of restricting vacation rentals was arbitrary, and asked if this could be reviewed. Carol Crane thanked Council for moving the City in the right direction during this extraordinary time and Mayor O'Neill for his letter to the Corona del Mar High School Seniors. XVIII. PUBLIC HEARINGS 9. Resolution No. 2020-33: Appeal of Planning Commission Approval for The Garden Office and Parking Structure Proposed at 215 Riverside Avenue (PA2019-023) (Continued from the March 24, 2020 City Council Meeting) [100-2020] City Attorney Harp reported that the City Attorney's Office has been working with both the applicant and the appellant, and they appear to be close to a resolution. He suggested that Council continue the matter for two weeks to allow the applicant and appellant to resolve their concerns. Volume 64 - Page 358 City of Newport Beach Regular Meeting April 14, 2020 Susan Hori, applicant's counsel, and Aaron Ehrlich, appellant's counsel, agreed with the suggestion to continue this item. Motion by Mayor O'Neill, seconded by Council Member Duffield, to continue the item to the April 28, 2020 City Council meeting. The motion carried unanimously. 10. Ordinance Nos. 2020-11 and 2020-12: Introduction of Ordinances to Amend Setback Map S -1A (PA2019-216) [100-2020] Motion by Council Member Dixon, seconded by Council Member Duffield, 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, because it has no potential to have a significant effect on the environment; b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020-11, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2019-008 to Amend Setback Map S -1A - West Newport as Set Forth in Section 20.80.040 (Setback Maps) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Applicable to the Property Located at 650116503 Seashore Drive (PA2019-216), and pass to second reading on April 28, 2020; c) waive full reading, direct the City Clerk to ready by title only, introduce Ordinance No. 2020-12, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2019-007 to Amend Setback Map S -1A - West Newport as Set Forth in Section 21.80.040 (Setback Maps) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Applicable to the Property Located at 650116503 Seashore Drive (PA2019-216), and pass to second reading on April 28, 2020; and d) adopt Resolution No. 2020-34, A Resolution of the City Council of the City of Newport Beach, California, Revoking Variance No. VA0012 and Modification No. MD2343 Which Will No Longer Be Necessary Upon Amendment of Sections 20.80.040 (Setback Maps) and 21.80.040 (Setback Maps) of the Newport Beach Municipal Code for the Property Located at 650116503 Seashore Drive (PA2019-216). The motion carried unanimously. XIX. CURRENT BUSINESS 11. Professional Services Agreement with Kimley-Horn and Associates, Inc. for Updates to the General Plan Housing, Land Use and Circulation Elements (C-8635-1) [38/100-2019] Community Development Director Jurjis, Deputy Community Development Director Campbell and Senior Planner Zdeba utilized a presentation to provide a Regional Housing Needs Allocation (RHNA) update, discuss the appeal process, the RFP process, the consultant team and scope of work, the estimated cost, and an ideal timeline for compliance. In response to Council Member Dixon's question, Community Development Director Jurjis reported that the cost estimate is not deemed excessive, noting staff estimated this would cost approximately $1 million due to the expensive and time consuming Environmental Impact Report (EIR). Council Member Dixon congratulated staff for obtaining a grant. In response to Mayor O'Neill's questions, Community Development Director Jurjis reported the City cannot file an appeal of the RHNA numbers because it has not received the official numbers. He added that the City has not received an extension to file its updated Housing Element and reported that the only individual or agency that can grant an extension of time is the Governor through an executive order, according to the League of California Cities. Mayor O'Neill believed we are seeing a different world as far as the drive for density. Jim Mosher noted the City has a consultant contract for $500,000 still in place and believed members of the community were disappointed with the consultant's activities. He requested clarification about how public outreach will be facilitated. Volume 64 - Page 359 City of Newport Beach Regular Meeting April 14, 2020 An unidentified speaker thanked staff for reviewing the timeline and expressed concern regarding how the public will participate in the process during the current health crisis. Charles Klobe agreed with concern regarding the contract timeframe and cost. David Tanner appreciated Council's efforts to conduct business during the pandemic and hoped Council would consider his written comments he provided via email. Mayor O'Neill noted the comments have been received. At Mayor O'Neill's request, Community Development Director Jurjis indicated Kearns & West is the City's current public outreach consultant, they have been placed on standby, but staff intends to continue to use them at the advice of the former General Plan Update Steering Committee. Mayor O'Neill noted the difficulties of public comment during virtual meetings. Community Development Director Jurjis advised that staff will rely on the Housing Element Update Advisory Committee (HEUAC) for the public participation process and noted that public participation is essential. City Attorney Harp noted that the contract can be amended to change the scope of work. Motion by Council Member Dixon, seconded by Council Member Brenner, 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, California Code of Regulations, Title 14, Division 6, Chapter 3, because this action will not result in a physical change to the environment, directly or indirectly; and b) approve and authorize the City Manager and City Clerk to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. to prepare the necessary updates to the General Plan Housing, Land. Use, and Circulation Elements in an amount not to exceed $1,217,461, in a form substantially similar to the agreement attached to the staff report and subject to the review and approval of the City Attorney's Office. With Council Member Muldoon voting "no," the motion carried 6-1. 12. Novel Coronavirus (COVID-19) Update [100-20191 City Manager Leung utilized a presentation to discuss the actions taken thus far, City closures, education and signage, Orange County cases from March 14 to April 14, Newport Beach cases from March 27 to April 14, the Governor's April 14 announcement of six indicators for modifying the Stay - at -Home order, and next steps, including monitoring closures and guidelines, fiscal impacts, and evaluation of impacts to businesses and residents. Fire Chief Boyles noted the tremendous support from Council, the community and staff, stated that the Emergency Operations Center (EOC) has been operational since March 16, provided an update on the County's hospital capacity, reported that modeling indicates that hospitalization and death rates should peak this week and hoped for a steady decline and a flattening of the curve, disclosed the transportation of five known COVID-19 patients to the hospital, noted that since March 21, there were 130 enhanced precaution calls from dispatch, with yesterday being the first day of no precaution calls, reported overall responses for March and April 2020 decreased by 22% compared to March and April 2019, noted that in 10 of the last 11 days, the number of cases in the County rose by single percentage points, informed Council that the Fire Department has enough protective gear, and reported the City will need to make decisions regarding the Newport Beach Junior Lifeguard program, recreation programs, and beaches. Police Chief Lewis reported that there was an unprecedented crime decrease in March, added that the Police Department is keeping an eye on family -related or domestic violence crimes, and stated the crime prevention message remains the same. Mayor O'Neill thanked all residents for following the social distancing guidelines and staff for their hard work, and stated that current trendlines look positive, even though detailed information about the spread of the virus remains unknown. Volume 64 - Page 360 City of Newport Beach Regular Meeting April 14, 2020 Council Member Herdman advised residents to be appreciative of staff and Council Members for the incredible job they are doing during the crisis, expressed his appreciation to District 5 residents for cooperating and complying with the guidelines, commended the two high school principals for supporting the Class of 2020 during this hard time, and indicated his two grandchildren at Newport Harbor High School appreciated the Mayor's letter. Council Member Dixon expressed her pride in the City and Council's approach during the pandemic and the positivity of local residents and those across the country coming together and practicing social distancing. She thanked staff for the additional signage and hoped the community will continue to follow recommended guidelines in anticipation of the upcoming warm weather conditions. In response to Council Member Dixon's question, City Manager Leung indicated that staff will review information provided by the County about testing and incorporate the information into the City's website, and noted the County CEO advised her that testing is expected to increase and he will be taking a planning process to the Board of Supervisors this week. Council Member Dixon noted Hoag Hospital beds are empty, and people should not be scared to go to the hospital and should call 911 if they have a serious issue. She thanked the community and the Mayor for his leadership, and urged workers and residents to listen to the County's recommendation to wear face coverings. She noted complaints she received about construction workers not wearing face coverings. Council Member Muldoon thanked the City Manager for the team's long hours and the video and phone production of the Council meeting. In response to Council Member Muldoon's questions, Fire Chief Boyles reported the last number for positive cases was 87 in Newport Beach, which climbed by one or two as of today. He stated that Laguna Beach, Newport Beach and Villa Park are the top three cities in cases per capita, while Stanton, Seal Beach and Garden Grove are the bottom three cities in cases per capita. He reported that none of the 120 sworn Fire Department personnel are symptomatic or have tested positive for COVID-19 and the risk for infection can be minimized with proper social distancing and hand washing. Council Member Muldoon believed collaboration and education have been the driving force for flattening the curve, and there are not enough thank you's for staffs hard work. He encouraged residents not to be fearful to access quality healthcare in the area, and reported the City will educate everyone on the process for returning to regular life. Mayor O'Neill indicated Supervisor Michelle Steel has hosted phone calls for mayors in her district over the last couple of weeks, and the number one complaint from cities outside the area is lack of access to testing. Council Member Brenner acknowledged the public's frustration during this constantly evolving situation and suggested an agenda item regarding resident -only parking during the emergency. She expressed her appreciation in response to adjustments in beachfront areas, and constructive emails and phone calls with staff. She displayed photos of crowds on Ocean Boulevard received from emails sent to all Council Members at citycouncil@newportbeachca.gov. She commended Mayor O'Neill for the children's reading video he produced and expressed her appreciation to staff and medical personnel. In response to Council Member Brenner's question, Police Chief Lewis advised that closures and other measures have impacted social distancing and face covering compliance, and the Police Department is working diligently to maintain public safety. Council Member Duffield thanked the City Manager and staff, and noted that Council supports them 100% during these unprecedented times. He encouraged everyone to keep going. Mayor Pro Tem Avery indicated a crisis like this brings out who you really are, who organizations really are, and who cities really are, and emphasized that one of the things residents can do is be kind to each other. He stated that Council and staff are working to balance protection and freedom, and expressed that it is an honor to be a Council Member and a part of the solution even though times are difficult. Volume 64 - Page 361 City of Newport Beach Regular Meeting April 14, 2020 Mayor O'Neill noted the business community is being decimated right now, and the City has had to be creative with closures and begin a phased approach in addressing the reopening of businesses. He stated his proposal to create a Council committee that will allow the business community to provide input in assisting with the reopening of businesses and getting people back to work. He thanked the residents, businesses, and staff. Jim Mosher thanked the City for making the Community Room available during the meeting, noted the Finance Committee meeting is scheduled concurrently with the Zoning Administrator meeting on Thursday, encouraged continuing the phone-in option into meetings even after the crisis, and asked that Council not dispense with staff reports during virtual meetings. Mayor O'Neill reported that the Finance Committee meeting will be facilitated via WebEx with a call-in option and a conference room for in-person comments. He recommended the public reach out to the Finance Director with any questions or concerns. Jaleel Shabaz commented that some businesses are closed while others have lines of people entering them, and expressed concern that this can cause the number of cases to increase. He asked how the closures will affect the future of development, education, and technology. Jonathan O'Connell believed this crisis is providing a window to see who the leaders really are and noted that decisions cannot be made out of fear but should represent the majority. Nick Taglia expressed love for Newport Beach, the libraries, and beaches, and appreciation for how the City is handling the crisis. He noted that, although wearing face masks are strongly recommended and there is no mandate in the City, wearing a mask might save someone's life. He asked about the Council's thoughts about mandating the wearing of face coverings and enforcement. Charles Klobe reported that Stop Polluting Our Newport (SPON) began holding their meetings via video conference and received greater participation, suggested that Council consider allowing audience call-in as a regular component of Council meetings to get greater participation, and thanked Council Members for their service. Max Johnson expressed his gratitude for posting signs and closing the Wedge and the M Street beach entrance, requested staff install more social distancing signs at the L Street beach entrance, thanked Council Member Dixon and staff for listening to comments from the residents, and commended City Manager Leung and all City staff during this time. Buzz appreciated everything that Council has done to help the community through this, hoped the City is prepared for increased beach guests as the weather becomes nicer, indicated Los Angeles County has closed its beaches entirely and other cities have mandated wearing masks, and stated the community needs Council's leadership to ensure it does not make the situation worse. 3. Initiation of Zoning Code and Local Coastal Program Amendments Related to Tattoo Services, Density Bonus Regulations, Short Term Lodging, and Food and Alcohol Service in the Industrial Zone [100-20201 City Attorney Harp clarified that the item is an initiation and nothing is being proposed at this time. In response to Council questions regarding Resolution No. 2020-35 (Tattoo Services), City Attorney Harp reported that the Newport Beach Municipal Code (NBMC) is not in line with case law from the United States Court of Appeals for the Ninth Circuit which concluded that tattooing is an expressive activity that is protected by the First Amendment, indicated NBMC sections are pre - Ninth Circuit Court decisions and staff needs to bring the NBMC in line with the Ninth Circuit Court decision, other appropriate regulations, and current case law, noted that, regarding Mr. Mosher's comment relative to content neutral discretionary decisions, the Planning Commission will have all options available to them as long as it is in conformance with the law, and stated that all items regarding tattoo businesses would go to the Planning Commission to make a Volume 64 - Page 362 City of Newport Beach Regular Meeting April 14, 2020 recommendation to Council, and then Council would consider the items. He confirmed that there is still the ability for someone to appeal a Zoning Administrator decision to the Planning Commission, and a Planning Commission decision to the Council. Council Member Muldoon noted that the NBMC will conform to the U.S. Constitution and case law from the Ninth Circuit Court with adoption of Resolution No. 2020-35. Motion by Council Member Muldoon, seconded by Mayor O'Neill, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-35, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Tattoo Services (PA2020-030). The motion carried unanimously. Regarding Resolution No. 2020-36 (Density Bonuses), Community Development Director Jurjis reported that State laws relative to density bonuses change often and the NBMC is currently out of date. He noted that this request is to update the NBMC to conform with current State laws. Motion by Council Member Dixon, seconded by Council Member Brenner, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-36, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Density Bonuses (PA2020-032). The motion carried unanimously. Regarding Resolution No. 2020-37 (Short -Term Lodging), Council Member Dixon noted that the City Council ad hoc committee on short-term lodging will meet shortly and bring recommendations to Council. Community Development Director Jurjis clarified that staff will return with an update to the short-term lodging emergency ordinance at the end of May. He noted that the current item is to initiate NBMC changes that will not be in the update in May, pointed out that Council discussed imposing a cap, parking requirements, a more restrictive occupant standard, and a minimum night stay, and reported that proposed amendments will first be considered by the Planning Commission and then Council. Motion by Council Member Herdman, seconded by Council Member Brenner, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-37, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Short Term Lodging (PA2020-048). The motion carried unanimously. Regarding Resolution No. 2020-38 (Food and Alcohol Service in the Industrial Zoning District), Community Development Director Jurjis reported that Council Member Muldoon requested the item through City Council Policy A-1. He indicated that the NBMC only allows the manufacturing of food and alcohol in the Industrial Zoning District, not the sale of food and alcohol, and indicated that staff is requesting Council's input regarding restrictions, which will guide staff in writing the NBMC change. Volume 64 - Page 363 City of Newport Beach Regular Meeting April 14, 2020 Mayor O'Neill recalled a similar discussion regarding tasting rooms a few years ago and stated his desire to know the difference between the proposals now and then. Council Member Muldoon indicated a business would close if Council does not amend the Industrial Zoning District through Resolution No. 2020-38, reported the business is willing to reduce its hours, is not a typical drinking establishment, and has a club feel with members. He noted that the amendment proposes a different rule for areas that are zoned industrial, and suggested that the proposed hours of operation not conflict with school hours, the maximum occupancy can be set by staff, the business should only be restricted to serve beer and wine, and food service should be similar to catering. Council Member Dixon indicated she made a site visit to the business two years ago and the circumstances were the same as proposed today. In response to her questions, Community Development Director Jurjis explained that the establishment has morphed over time, there is an ongoing enforcement case, the current zoning does not allow food service, and staff has tried to find a new location for the business pre -pandemic. Council Member Dixon recalled that the Council at that time unanimously voted against this because of residential parking issues and nearby schools. Motion by Council Member Muldoon, seconded by Council Member Duffield, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-38, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Food and Alcohol Service in the Industrial Zoning District (IG) (PA2020-042). With Mayor O'Neill, Mayor Pro Tem Avery, and Council Member Dixon voting "no," the motion carried 4-3. Randy Beck indicated he has been in contact with Community Development Director Jurjis, Council Member Dixon, and others regarding short-term lodging, he did not hear an update about the emergency ordinance, expressed opposition regarding Resolution No. 2020-37, and noted he sent correspondence regarding short-term lodging issues. Mayor O'Neill advised that the purpose of this item was to initiate NBMC changes and City Attorney Harp reported that the City Council ad hoc subcommittee will bring back recommendations for changes at the Council meeting at the end of May. XIX. MOTION FOR RECONSIDERATION — None XX. ADJOURNMENT — 9:34 p.m. The 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 April 9, 2020, at 4:00 p.m. City Clerk Will O'Neill Mayor Volume 64 - Page 364