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HomeMy WebLinkAbout01 - MinutesMay 26, 2020 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Special Emergency Meeting April 30, 2020 I. CALL THE MEETING TO ORDER - 5:15 p.m. II. ROLL CALL 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 III. INVOCATION — Mayor O'Neill IV. PLEDGE OF ALLEGIANCE — Council Member Muldoon V. PUBLIC COMMENTS ON AGENDA ITEMS Andrew Figueroa inquired about the possibility of submitting the weekend closure plan that was discussed on April 28, 2020, to Governor Newsom for a�roval. Jeff Newman suggested limiting access to all beach areas to residents only and strictly enforcing social distancing as opposed to a full beach closure. An unidentified speaker read a letter she Ant to Council regarding supporting the weekend beach closure. An unidentified speaker expressed his appreciation for all of Council's hard work. Buzz expressed his opinion th64ore locals were in favor of closing the beach and opposed large gatherings. Jessica Hogan asked if Council had considered issuing resident permit parking to mitigate the lack of available parking spces for residents due to out-of-town beach attendees. David Thalberg stated he is uncertain whether Council has the authority to bypass Governor Newsom's latest order and expressed his support for beach closures. Nancy Scarbrough inquired about an opportunity to discuss a compromise to keep the beaches open with the Governor's office. Dorothy Kraus believed the City should follow the Governor's latest order and keep the beaches closed. Joanne expressed her concern regarding social distancing and suggested Council enforce it by issuing citations. Grant Reynolds hoped Newport Beach follows the Governor's guidelines to close the beaches in order to curb the Coronavirus infection rate. Bridget Collin supported the idea of resident parking permits and indicated she would like to see the beaches open for everyone. Diane advocated for keeping the beaches open. Marley Butler -Huntley believed Council should have closed the beaches on the weekends. Volume 64 - Page 380 City of Newport Beach Special Emergency Meeting April 30, 2020 Lisa expressed her concern for social distancing in her neighborhood and supported following the Governor's order to close the beaches. David Beek thanked Council for their service and expressed his support for local businesses that benefit from keeping the beach open. Bob Olson believed that beaches are important for a sense of health and well-being. Will Lincoln thanked Council for their efforts and hoped they will support allowing activity on the beach, such as running, walking, and surfing. In response to Mike Glenn's question, Mayor O'Neill reported that Council received the Governor's order 12 minutes before the meeting started. Mr. Glenn expressed his opposition to closing beaches because it is his belief that the decision is unconstitutional, punitive, and unhealthy. Matt Bridges noted his support for an active -only beach opening. City Attorney Harp reported a majority of Council must de me that Governor Newsom's order to close all beaches throughout Orange County severely im public health, safety, or both. Further, pursuant to Government Code Section 54957, Council a two-thirds vote to go to Closed Session during an emergency meeting. 10 Mayor O'Neill indicated one aspect of Government Code Section 54957 is a threat to public access to public facilities, expressed his concerns for shutting down the beaches and the potential impact on Peninsula residents, and noted he called the special meeting in light of Governor Newsom's order. He reported that Council was invited on a phone call with the California Governor's Office of Emergency Services (Cal-OES) and a representative indicated they look forward to working with local elected officials and believed this is a tem�orary pause for the weekend, but noted that the directive did not indicate an end date. He clarified that the Governor has ordered the closure of all Orange County beaches starting May Ps , including no public access to restrooms, parking facilities or recreational boats, and no activities are permitted on the beach, including sunbathing, walking, running or water sports. He noted that, with respect to harbor use, the order specifically mentioned beaches. Motion by Mavor O'Neill, seconded by Council Member Duffield, to declare the need for the emergency meeting, pursuant to Government Code Section 54957. The motion carried unanimously. In response to Mayor O'Neill's question, City Attorney Harp advised that Government Code Section 54957 requires a two-thirds vote to go into Closed Session. Motion by Mavor O'Neill, seconded by Mavor Pro Tem Avery, to authorize the City Council to go into Closed Session. In response to Council Member Brenner's question, Mayor O'Neill indicated a Closed Session is needed to discuss the legal issues. Council Member Muldoon stated there are all sorts of things the Council needs to be aware of, such as crowd control, public safety, and law enforcement detail. With Council Member Herdman voting "no," the motion carried 6-1. Council Member Muldoon discussed various COVID-19 related statistics and indicated the need for a plan to open businesses to assist the economy. Council Member Herdman stated that Council's priority is to protect residents. Volume 64 - Page 381 City of Newport Beach Special Emergency Meeting April 30, 2020 Mayor O'Neill indicated partners at Hoag Hospital did a great job at Speak Up Newport and thanked the Police Department, Fire Department, lifeguards, and City staff for keeping the public safe and working under evolving circumstances. City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the item listed under Closed Session and read the title. VI. CLOSED SESSION A. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957): 1 Matter Consultation with: The Emergency Services Director, Grace Leung, and the Chief of Police Jon Lewis. Purpose of Meeting: The City Council will meet in Closed Session to discuss Governor Newsom's order which closed all beaches throughout the County of Orange. Procedural Matters: Prior to holding the Emergency) Closed Session, a majority of the City Council must make a determination that Governor Newsom's order, which closed all beaches throughout the County of Orange, is an activity that severely impairs public health, safety, or both, as determined by a majority of the members of the City Council. In addition, the City Council may only meet in Closed Session, pursuant to Section 54957, if meeting in Closed Session is agreed4o by a two-thirds vote of the members of the City Council present at the meeting, or, if less than two-thirds of the members are present, by a unanimous vote of the members present. Mayor O'Neill recessed the mee :07 p. m. and reconvened at 729 p. m. with all members of the City Council present. Al VII. CLOSED SESSION REPORT City Attorney Harp announced that there were no reportable actions taken during Closed Session. Mayor O'Neill advised that the Police Chief and Fire Chief are ready to protect and serve the residents of Newport Beach and that Council reviewed the directive from Cal-OES and is confident that public safety teams will educate and provide enforcement, as needed. Council Member Muldoon interpreted the meeting as an opportunity to explore and initiate all legal avenues available to Council, and requested a special Council meeting to join Huntington Beach or any other Orange County city in fighting the Governor's order to close the beaches. City Attorney Harp explained that four Council Members need to agree with Council Member Muldoon so that a special meeting can be scheduled. VIII. ADJOURNMENT - 7:32 p.m. The special emergency 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 April 30, 2020, at 3:35 p.m. Leilani I. Brown, City Clerk Will O'Neill, Mayor Volume 64 - Page 382 CITY OF NEWPORT BEACH City Council Minutes Special Meeting May 2, 2020 I. CALL THE MEETING TO ORDER - 9:00 a.m. II. ROLL CALL 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 III. INVOCATION - Mayor O'Neill IV. PLEDGE OF ALLEGIANCE - Council Member Muldoon V. PUBLIC COMMENTS ON AGENDA ITEMS City Attorney Harp reported that the Cities of Huntington Beach and Dana Point, the Balboa Bay Club, Pacific City Investments, and Lido House LLC filed a lawsuit in State Court against Governor Newsom in order to open beaches and stop the enforcement of the Governor's order, and that the causes of action alleged by the plaintiffs are violations of the California Constitution and the Governor exceeding his powers under the state emergency plan and the Government Code. He added that the City of Newport Beach filed an amicus brief in support of Huntington Beach and Dana Point; however, after oral arguments, the judge continued the matter to May 11, 2020. City Attorney Harp explained that an amicus brief is also called a friend of the court brief, the City's amicus brief explained legal issues that are important to Newport Beach, including municipal affairs, sovereignty issues, control of the beaches, and the Governor's power to issue the order under the Government Code and the state emergency plan. He added that the City also submitted declarations from the Police Chief and Fire Chief to help guide the court. Mayor O'Neill reported that the judge denied the temporary restraining order, and the Governor's directive stays in plice until the hearing on May 11, 2020. Motion by Mavor Pro Tem Averv, seconded by Council Member Herdman, to adjourn the meeting. With Mayor O'Neill, Council Member Dixon, Council Member Muldoon, and Council Member Duffield voting "no," the motion failed 3-4. Jim Mosher stated that he was pleased with the motion and discussed his reasons for believing that the matter should be discussed in open session. Allison Smith referenced page six of the memorandum filed with the court and inquired whether Newport Beach is under the impression that the Governor intends to indefinitely close beaches. Mayor O'Neill indicated the Governor's directive closed the beaches effective May 1, but provided no end date. City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the item listed under Closed Session and read the title. Council Member Brenner expressed her desire to conduct the discussion in public rather than in Closed Session because Council may discuss spending public resources on litigation. City Attorney Harp explained that the discussion is not on the agenda as an open session item, but it can be brought back in the future for public discussion. Volume 64 - Page 383 City of Newport Beach Special Meeting May 2, 2020 VI. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9 (d) (4)): 1 matter (The City Council will meet in Closed Session to discuss the initiation of litigation against Governor Gavin Newsom, the State of California, various State Agencies, including but not limited to, the Governor's Office of Emergency Services and the California Natural Resources Agency and State Employees including, but not limited to, Mark S. Ghilarducci and Wade Crowfoot related to Executive Order N-33-20 and the directive issued by Mr. Ghilarducci and Mr. Wade Crowfoot on April 30, 2020, which, among other things, directed the closing all beaches operated by local governments in Orange County beginning May 1, 2020.) Mayor O'Neill recessed the meeting at 9:14 a.m. and reconvened at 10:12 a.m. with all members of the City Council present. VII. CLOSED SESSION REPORT op City Attorney Harp announced that a motion was made by Mayor O'Neill and seconded by Council Member Dixon, to ratify the filing of an amicus brief in the litigation against Governor Newsom to get temporary and permanent injunctions barring the Governor from closing beaches in Orange County, and that the motion was approved 5-2, with Council Members Herdman and Brenner voting "no." Council Member Muldoon believed the needed components of,5public safety plan should include traffic management, parking, and voluntary social distancing. r Council Member Brenner believed tlgest responsibility of elected officials is to protect the health and safety of citizens, and the second is to protect the property within their j urisdiction. She stated that the Governor's office has indicated their willingness to work with Council to open beaches safely. Mayor Pro Tem Avery cated that Council is working toward getting the beaches opened as quickly as possible and in the est way forward while protecting residents. Council Member Dixon stated that, last Tuesday, with a sound public safety plan, Council was prepared to protect residents in a highly aggressive manner. She emphasized that her concerns were directed to the health and safety of residents and business owners. Mayor O'Neill indicated to residents that the beaches are theirs and Council will work diligently to open them back up to the community. VIII. ADJOURNMENT - 10:22 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 May 1, 2020, at 8:40 a.m. Leilani I. Brown City Clerk Will O'Neill Mayor Volume 64 - Page 384 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 12, 2020 I. ROLL CALL — 4:00 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. INVOCATION — Mayor O'Neill III. PLEDGE OF ALLEGIANCE — Council Member Duffield IV. NOTICE TO THE PUBLIC V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES i Council Member Dixon: • Announced she joined many of the Council Members, who supported the procession for Detective Jon Jarema as it drove from Hoag Hospital to Pacific View Park Council Member Muldoon: • Announced the Ad Hoc Committee to Reopen Busi esses,'comp ed of Mayor O'Neill, Council Member Dixon and himself, have met to discuss regulations for businesses to reopen; he and his family watched the procession for Detective Jarema andl appreciated the solidarity shown by other police departments • Referenced an ABC 7 video which highlights Newport Beach American Legion Post 291's food takeout and encouraged residents' support Council Member Brenner: 00 • Provided an update on the s d Hoc Committee meeting Mayor Pro Tem AverPons • Attended the Operaommittee meeting of the Orange County Sanitation District last month • Viewed Detective Jarema's procession from the Balboa Bay Resort Mayor O'Neill: • Referenced a Power Point slide to announce that special event and community program grant opportunities are openw, • Announced Council will resolve conflicts so that restaurants with outdoor patios may reopen VI. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Dixon, addressing Item No. 10, Underground Utility Assessment District No. 117, commended District residents, Patti Gorczyca, and the Public Works department. Council Member Muldoon recused himself from Item No. 10, Underground Utility Assessment District No. 117, due to a business conflict. He stated he would vote "no" on Item No. 11, Bonita Canyon Drive and Ford Road Pavement Rehabilitation, unless other Council Members continue or remove it from the Consent Calendar. He further stated he would vote "no" on Item No. 12, Community Room Audio -Visual Improvements, because he believed the improvements are not necessary. Jim Mosher believed the Harbor Commission had not reviewed the language proposed in Item No. 7, an Amendment to the City Charter, and requested clarification. Volume 64 - Page 385 City of Newport Beach Regular Meeting May 12, 2020 VII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the April 28, 2020 Special Meeting and April 28, 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. ORDINANCES FOR ADOPTION 3. Ordinance No. 2020-13: Amending Section 6.04.170 Prohibiting Commercial Properties and Businesses from Disposing of Solid Waste in Public Waste Containers [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, ire tly or indirectly; and b) Conduct second reading and adopt Ordinance No. 20207-13, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 6.04.170 of Chapter 6.04 of Title 6 of the Newport Beach Municipal Code Pertaining ,46 the Commer 'al Use of Public Solid Waste, Recyclable Material or Divertible Material CoTainers/B'ns. RESOLUTIONS FOR ADOPTION 4. Resolution No. 2020-42: Increase of On -Street Par Time Limit on Bayview Way [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) Adopt Resolution No. 2020-42, A Resolution of the City Council of the City of Newport Beach, California, Limiting Ae ,Parking of Vehicles on Certain Streets and Repealing Resolution No. 2019-68. 5. Resolution No. 2020-43: Summary Vacation of Existing Public Utilities Easement at 700 Malabar Drive (C-8638-1) [1a0-2020] a) Determine thi% 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) Adopt Resolution DW. 2020-43, A Resolution of the City Council of the City of Newport Beach, California, Declaring the City's Summary Vacation of an Existing 10 -Foot Wide Public Utilities Easement Within a Portion of Lot 93 of Tract No. 1701 at 700 Malabar Drive and Directing the City Clerk to Record Same with the County Recorder's Office; c) Direct staff to process the summary vacation of said easement; and d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the Orange County Recorder. 6. Calling the November 3, 2020 General Municipal Election [39/100-2020] 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; b) Adopt Resolution No. 2020-44, A Resolution of the City Council of the City of Newport Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 3, 2020, for the Election of Members of the City Council as Required by the Provisions of the City Charter; Volume 64 - Page 386 City of Newport Beach Regular Meeting May 12, 2020 c) Adopt Resolution No. 2020-45, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 3, 2020, with the Statewide Primary Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Electing Members of the City Council; and d) Adopt Resolution No. 2020-46, A Resolution of the City Council of the City of Newport Beach, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, November 3, 2020. 7. Calling the November 3, 2020 General Municipal Election — Proposed Charter Amendment [39/100-2020] 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; b) Adopt Resolution No. 2020-47, A Resolution of the City Council of the City of Newport Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 3, 2020, for the Submission of a Proposed Charter Amendment; c) Adopt Resolution No. 2020-48, A Resolution of the City C ncil of the City of Newport Beach, California, Requesting the Board of Supervisors of the Coun�of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 3, 2020, with the Statewide Primary Election to be Held on the Same Date Pursuant to Ca4for is Elections Code Section 10403 for the Purpose of Submitting a Proposed Charter Amtendment �. d) Adopt Resolution No. 2020-49, A Resolution of the City Council of the City of Newport Beach, California, Setting Priorities for Filing Written Arguments Regarding a City Measure, and Directing the City Attorney to Prepare an Impartial Analysis; e) Adopt Resolution No. 2020-50, A Resolution of the City Council of the City of Newport Beach, California, Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to the Voters at the General Municipal Electi.T to be Held on-euesday, November 3, 2020, Pursuant to California Elections Code Section 9285; and f) Designate Mayor Will O'Neill, Mayor Pro Tem Brad Avery, and Council Member Duffy Duffield to draft a Direct e t Argumfor the ballot mersure and any Rebuttal Argument, if needed. CONTRACTS AND AGREE TS W1. 8. Newport Island Park Ehanc ents — Notice of Completion for Contract No. 7500-1 (19L01) [38/100-2020] a) On November 19, 2019, the ity Council found this project exempt from the California EnvironmentalQuality Act (CEQA) pursuant to Section 15302(c); b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; and c) Authorize the CityPerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code, and release Faithful Performance Bond one year after acceptance by the City Council. 9. Street and Alley Pavement Repair Project — Notice of Completion for Contract No. 7680- 1 (201103, 20R07 and 201111) [38/100-2020] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 10. Underground Utility Assessment District No. 117 — Notice of Completion for Contract No. 7337-1 [38/100-2020] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On June 26, 2018, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(d); Volume 64 - Page 387 City of Newport Beach Regular Meeting May 12, 2020 b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. Council Member Muldoon recused himself from Item No. 10 due to a conflict of interest. 11. Bonita Canyon Drive and Ford Road Pavement Rehabilitation - Award of Contract No. 7588-2 (19R22) [38/100-20201 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b)(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. 7588-2 to R.J. Noble Company, for the total bid price of $2,252,925.00 and authorize the Mayor and City Clerk to execute the contract; d)Establish a contingency of $225,000.00 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 20-046 recognizing contr' utions and appropriating funds for the project. 12. Community Room Audio -Visual Improvements — Contract No. 7817-1 (19F02) [38/100-20201 Ao �. a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a) (Interior or exterior alteratii�w involving electrical conveyances) of the CEQA Guidelines, because this project results in negligible or no expansion of existing capacity; b) Approve the project drawings and specifications; c) Award Contract No. 7817-1 to VMI Inc. for the total base bid amount of $122,492.21, and authorize the Mayor and City Clerk to Txecute the ass?Tlated construction contract; d) Establish $12,250.00, (approximately 10 percent) contingency to cover unforeseen conditions, extra work and/or material quantities; and e) Approve Budget Amendment No. 20-045 appropriating $118,842.21 in increased expenditures from unappropriated General Fund, PEG Fte Reserve fund balance to Account No. 01201925- 980000-19F02. A 13. Approval of Amendmelk to Water Meter Reading Service Agreement with Alexander's Tn.,tract Servi�1(c)(2) a 6167) [38/100-20201 a) Determine action isxempt from the California Environmental Quality Act (CEQA) pursuant to Se tions 150and 15060 c 3 of the CE A Guidelines because this action p F ()() Q will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. 1 to the Service Agreement with Alexander's Contract Services for Water Meter Reading Services, with an additional $500,000 in contract compensation and a two- year contract extension, and authorize the Mayor and City Clerk to execute the agreement. 14. Approve the Professional Services Agreement for Potable Water Laboratory Services with Sierra Analytical Labs, Inc. (C-8639-1) [38/100-20201 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 Professional Services Agreement for Potable Water Laboratory Services with Sierra Analytical Labs, Inc., for a five-year term with a total not -to -exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the Agreement. 15. Approval and Award of On -Call Professional Services Agreements for Marine Engineering and Harbor Related Services [38/100-20201 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 Volume 64 - Page 388 City of Newport Beach Regular Meeting May 12, 2020 b) Approve On -Call Professional Services Agreements with Moffatt & Nichol (C -8546-2A), Anchor QEA, LLC (C -8546-3A), and Noble Consultants, Inc. (C -8546-1A), with each agreement being for a term of three -years and a total not -to -exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the agreements. MISCELLANEOUS 16. Planning Commission Agenda for the May 7, 2020 Meeting [100-20201 Receive and file. Motion by Mayor Pro Tem Avery, seconded by Council Member Brenner, to approve the Consent Calendar; noting the recusal by Council Member Muldoon on Item No. 10, the "no" votes on Item No. 11 and Item No. 12, and the amendments to Item No. 1. The motion carried unanimously. VIII. ITEMS REMOVED FROM THE CONSENT CALENDAR — None IX. CURRENT BUSINESS 17. Emergency Ordinance Nos. 2020-003 and 2020-004: Review and Consider Extending the Prohibition on Short -Term Lodging Activity [100-20191 Council Member Dixon indicated that she would like to make a motion to require a three -night minimum stay that would expire on June 16, 20ff# or the end of the emergency, whichever occurs first, and that the prohibition would continue Newport Island. She noted widespread support to end the prohibition and added that Newportunique situation and lifting the ban at this time should not apply to it. Mayor Pro Tem Avery expressed support for the three -night minimum stay but expressed concern with singling out one area. 'Alt .+ Mayor O'Neill shared the same concern abou exemption for Newport Island and noted that density in Newport Island is nbt much more than on Balboa Island, Corona del Mar, or the Peninsula. Council Member Duffield in the difference on Newport Island, compared to other areas, is the availability of king and its impact on the Island. Mayor O'Neill c aI ied that Council is restricting this on an emergency basis. Council Member Dixon relayed concerns from residents regarding parking enforcement on Newport Island and noted potential reforms for short-term rentals. Council Member Brenner noted the complexity of this issue and stated that she would be in favor of the motion with a three -night minimum stay and exempting Newport Island at this time. Mayor Pro Tem Avery expressed concern with potentially creating a faulty policy in making an exception of this nature and mentioned the possibility of further research before reaching a decision. Community Development Director Jurjis reported requesting a waiver specifically for Newport Island from the Coastal Commission would be a challenge for staff. In response to Mayor O'Neill's question, Community Development Director Jurjis advised that the Fire Department has not complained of access issues on Newport Island. Council Member Herdman suggested a waiver could also be justified by the unusual current circumstance of the pandemic and a high concentration of short-term rentals in a small area in terms of ingress and egress traffic. Volume 64 - Page 389 City of Newport Beach Regular Meeting May 12, 2020 Jim Mosher believed the language regarding a three -night minimum is incorrect and noted alternatives requiring a minimum time between each booking or a minimum no -occupancy interval. Connie Adnoff, Beachview Realty Company co-founder, advised that the company only allows three - night minimums due to cost factor and fewer nights suggest a party; stated her support of a three - night minimum stay; and believed that it should be possible to regulate or pull a property's permit if they do not follow ordinances or become a chronic nuisance. Chris Neilson commended Council on their efforts and noted his support for allowing short-term lodging; hoped to receive clear guidance following the meeting; and indicated units in the residential multifamily zone should be allowed. Chuck Cortright, founder and owner of Spa Gregorie's, related that over half of his short-term rentals are at least a week; noted that cleaning in between occupants can be accomplished in the same day; and asked Council to reconsider the three-day minimum and expand it. In response to Craig Batley's question, Mayor O'Neill clarified that the current emergency ordinance banning short-term lodging throughout the City runs until y 20, 2020. The motion, if passed, would ban only one or two -night stays through June 16, r the end of the emergency order, whichever occurs earlier. Craig Batley supported the motion and believed the im act of shor erm lodging on the Peninsula, compared to overall visitors, is insignificant. Council Member Dixon believed the expiration of the nce should be driven by the emergency rather than a self-imposed date. Shannon Horan, Abrams Coastal Propert s, supported lifting the ban but preferred it take effect immediately. I1 An unidentified resident stated his spo three -night minimum and suggested lifting the ban immediately to accommodate summe enta Rick noted various concerns and believec='at vacations are not essential services. Denys Oberman summarized her correspondence; believed the number of minimum nights should be expanded; and asked Council tthoughtfully consider the modifications for short-term lodging. Donald Abrams tha3hked Council for making this item a priority; stated his support of a three-day minimum; and suggested a separate motion to continue the ban on short-term lodging on Newport Island. Cindy McColley, Newport Beach visitor, requested clarification of the three -night minimum beginning May 20. Scott Carpenter, iTrip Vacations, thanked staff and Council; supported a three -night minimum and urged Council not to consider time between rentals. Alex Batley noted his success with providing two night minimum rental stays to occupants. Chris spoke in favor of removing the ban and inquired if Council members were concerned about public safety. Carmen Rawson supported the motion with a three -night minimum and believed occupying short- term lodgers on the Peninsula does not increase risk. Volume 64 - Page 390 City of Newport Beach Regular Meeting May 12, 2020 Jeff Bosson, Seabreeze Vacation Rentals, believed the purpose of the emergency ordinance was not to overwhelm medical facilities; noted his support of a three -night minimum; and suggested an immediate effect with two -night stays beginning June 12. Larry Klein preferred a minimum stay of seven to ten days for one more month. Council Member Dixon proposed amending the motion to consider dividing the ordinance into lifting the ban except for Newport Island, where the ban would continue, and establishing a three -night minimum stay and stated she was open to suggestions of when the ordinance should take effect. In response to Mayor O'Neill's question, City Attorney Harp reported there is a severance clause in the ordinance, but it would not invalidate the ordinance exempting Newport Island; and stated that the Coastal Commission would likely take the position that a Coastal Development Permit is needed if it did not grant the waiver for Newport Island; and suggested including language indicating if the Coastal Commission does not grant a waiver for Newport Island, that portion of the ordinance is no longer effective. Council Member Dixon reported on an issue of concern pertaining to subletting properties on Newport Island and indicated that she wanted to explore the issue further when Council discusses short-term lodging in two weeks. In response to her question, City Attorney Harp ' icaItinances are an option for the Council. Motion by Council Member Dixon, seconded by Council Member Duffield, 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 pliysical 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 enAronment,�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 amended Emergency Ordinance No. 2020-0pt, An Emergency Ordinance of the City Council of the City of Newport Beach, California, Extending the Restrictions Set Forth in Emergency Ordinance No. 2020-1 Prohibiting the Issuance of Any New Short Term Lodging Permit Pursuant to Newport Beach Municip l Code Chapter 5.95 and Requiring a Minimum Night Stay for All Short Term Lodging Renta In response to Ma `r O'Neil]Fquestion, City Attorney Harp reported the Proclamation of Statewide Emergency included a provision that eliminated the requirement to review and renew it within 60 days. He added that thMfroclamation will remain in effect until the local governing body terminates its respective local emergency. With Council Member Muldoon voting no, the motion carried 6-1. Council Member Muldoon expressed support for lifting the ban but not the three -night minimum stay. Motion by Council Member Dixon, seconded by Council Member Duffield, 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) pursuant to City of Newport Beach Charter Section 412, waive full reading, direct the City Clerk to read by title only, Volume 64 - Page 391 City of Newport Beach Regular Meeting May 12, 2020 and adopt Emergency Ordinance No. 2020-003, An Emergency Ordinance of the City Council of the City of Newport Beach, California, Extending the Restrictions Set Forth in Emergency Ordinance No. 2020-1 Prohibiting the Rental of Any Lodging Unit on Newport Island for a Period of Thirty (30) Consecutive Days or Less, to Any Person Other than a Medical Professional or Emergency Responder Coming to the City of Newport Beach to Aid with the COVID-19 Outbreak Mayor Pro Tem Avery would support the motion during the emergency, but not after the emergency. Council Member Brenner wanted to ensure adoption of the ordinance does not ignore the concerns of residents in other areas of the City. The motion carried 5-2 (Muldoon and O'Neill). 18. Review of the Adopted Fiscal Year 2019-20 Capital Improvement Program (CIP) Budget and the Proposed Fiscal Year 2020-21 through 2025-26 Capital Improvement Program Budget (Continued from the April 28, 2020 City Council Meeting) [100-20191 Public Works Director Webb utilized a presentation to review tke Adopted Fiscal Year (FY) 2019-20 Capital Improvement Program (CIP) projects completed or redu ed in scope to return $2,220,033 to Fund Balance, projects in progress, and projects for further review and direction. There was a unanimous straw vote to postpone they 'olley programfor one year. City Manager Leung used a presentation to discuss deferred capital funding and spending to save $16.9 million in the General Fund. Mayor O'Neill referenced a list of projects for further coreview and direction and advised that he would speak to projects for the Central Library Lectu all, Junior Lifeguards Building, Grant Howald Park Rehabilitation, and Lido Fire Station 2r In response to Council Member Dixon's questionp, Mayor O'Neill explained that the recommendation is to defer the projects on the list, not to cancel them. He anticipated Council reviewing the budget at least quarterly and re -reviewing expenditures, including CIPS within the next year. Council Member,4renner 1�ished discuss the Central Library Lecture Hall and the Junior Lifeguards Bui 'ng. In response to ou cil Mem Muldoon's question, Mayor O'Neill clarified that projects on the list will be deferred unless Cou pulls them. Public Works Directox'WVebb stated that staff requested removal of the Balboa Village Facade Improvement and Dover Shores Traffic Study projects from the budget and seeks further guidance on the Lido Fire Station 2 project. Council Member Dixon requested discussion of the Newport Pier Building Platform/Piles project. Mayor O'Neill proposed deferring capital costs for the Central Library Lecture Hall and Junior Lifeguards Building for at least a year, while including some of the design costs in the capital expenditures. Public Works Director Webb explained that Council has awarded design contracts for the two projects, and those costs are shown in the first column. He further noted that design would continue, but construction would be deferred thus deferring associated costs in this budget. Volume 64 - Page 392 City of Newport Beach Regular Meeting May 12, 2020 Council Member Brenner suggested Council allow the organizations to move forward with fundraising for the projects. Mayor O'Neill requested a commitment from the City to fund the projects by a certain date. Council Member Dixon reiterated that the projects are being deferred, not cancelled. She added that there is a slight amount of risk, but that is up to the organizations. In response to Council Member Muldoon's question, Public Works Director Webb indicated Council would defer $7.34 million for the Lecture Hall and $3.05 million for the Junior Lifeguards Building to FY 21-22.. City Manager Leung noted there is $10 million budgeted, however the funding source was 50-50 with contributions, thus totaling $5 million for the City. City Manager Leung questioned whether $130,000 under Facilities Financing Plan (FFP) for the Junior Lifeguards Building project is needed for design. Public Works Director Webb explained that was the amount left unencumbered in the budget and would move to construction. There was a unanimous straw vote to defer the Central Lib ecture Hall and Junior Lifeguards Building projects for a year. Council Member Muldoon recused himself from discu ion of the Grant Howald Park Rehabilitation project and the Lido Fire Station 2 pCpject due to installation of telecom devices or hardware and business interest froat a former employer. Council Member Brenner recused herself from discussion of the Grant Howald Park Rehabilitation project due to real property interests. Mayor O'Neill recommended the Grant Howald Park Rehabilitation project move forward. Council Member Herdman believed Council sho�ld be mindful of pulling projects with safety issues, such as this park. Mayor Pro Tem Averyd t ration of time Council has invested in this project and stated it needs to move forward. With Council Members Muldoon and Brenner recusing themselves, there was a 5-0 straw vote to move the Grant Hc�vald Park Rehabilitation project forward. Mayor O'Neill proposed moving forward with the Lido Fire Station 2 project but on a finance term of at least 10 years. With Council Member Muldoon recusing himself, there was a unanimous straw vote to support evaluating financing for the Lido Fire Station 2 Project. In response to Mayor O'Neill's question, Public Works Director Webb advised that the Newport Pier Building Platform/Piles project would replace all old piles at the end of the Newport Pier. He added that Staff anticipated presenting a design award of approximately $350,000 at the next Council meeting; and stated construction would not begin for eight months to a year. Council Member Dixon noted support for the proposal of the project. Mayor O'Neill noted options to move forward with the design in the upcoming fiscal year and move construction into the following fiscal year. Volume 64 - Page 393 City of Newport Beach Regular Meeting May 12, 2020 In response to Council Member Dixon's question, Public Works Director Webb agreed that project design can be done, and an application submitted to the Coastal Commission. Mayor Pro Tem Avery recommended shoring up the pier sooner rather than later. Council Member Dixon preferred to program the whole thing into the next fiscal year. Public Works Director Webb added that the project would be a re -budget. In response to Council Member Herdman's question, Public Works Director Webb indicated public safety would be a factor in this project. Council Member Duffield encouraged staff to use composite pilings and not wood. With Council Member Muldoon voting no, there was a 6-1 straw vote to move forward with the Newport Pier Building Platform/Piles project. Council Member Herdman disclosed a conflict regarding the Marine Avenue Rehabilitation project due to real property interests and recused himself from thAcWorks ssion. In response to Council Member Brenner's questions,Pu Director Webb indicated the p budgeted project is for street rehabilitation, but staffr�mends deferring the project for five years. Public Works Director Webb reported the Ocean Front Bi kSafety Improvement project involved Council Member Dixon working with the commun.y to condipct al&dy of the splitting of the trails, which is the Ocean Boulevard Concrete Pavement project. He recommended pulling the Ocean Front Bike Safety Improvement project out and returning $75,000 to the General Fund. Council Member Brenner agreed with deferring the Oced?eBoulevard Concrete Pavement project, however noted the need for added safety measures along Ocean Boulevard would be helpful. Public Works Director Webb utilized a presenta'on to review the proposed FY 20-21 to 25-26 Capital Improvement program. Mayor O'Neill wished address the Concrete Replacement Program, Jamboree Road Pavement Rehabilitation, S]y Seal Program, Storm Drain System Repair, and the Via Lido Outer Ring Roadway Repa' cts. In response to Cou emlW Dixon's question, Public Works Director Webb indicated the Via Lido Outer Ring Roadwa tation project is repaving the street following completion of the water main project. At Council Member Muldoon's request, City Attorney Harp advised that Council Member Muldoon has conflicts regarding the Balboa Island micro transit feasibility study, Undergrounding District 113, and the traffic signal rehabilitation program due to business interests. In addition, Council Member Dixon has a conflict regarding the slurry seal program. Mayor O'Neill pulled the Concrete Replacement Program, Jamboree Road Pavement Rehabilitation, and Storm Drain System Repair projects for discussion because deferring them would increase costs. Council Member Dixon noted an expectation that labor and material costs will be more competitive given current economic challenges. Public Works Director Webb added that staff has seen that in prior economic downturns and expects bids to decrease. There was a unanimous straw vote to support proceeding with the Concrete Replacement Program. With Council Member Muldoon voting no, there was a 6-1 vote to support proceeding with the Jamboree Road Pavement Rehabilitation project. Volume 64 - Page 394 City of Newport Beach Regular Meeting May 12, 2020 There was a unanimous straw vote to support proceeding with the Storm Drain System Repair. Council Member Dixon disclosed a conflict pertaining to the Slurry Seal Program and the Via Lido Outer Ring Roadway Rehabilitation projects due to property interests. With Council Member Dixon recusing herself, there was a 6-0 straw vote to support proceeding with the Slurry Seal Program. With Council Member Dixon recusing herself, there was a 6-0 straw vote to support proceeding with the Via Lido Outer Ring Roadway Rehabilitation project. Jim Mosher asked if the six-year CIP budget had been made available to the public and, if so, where it could be found. Public Works Director Webb indicated a link to the six-year budget is included in the staff report, and the document can be found on the City website. 15. Novel Coronavirus (COVID-19) Update [100-20191 le City Manager Leung utilized a presentation to discuss the re -opening of beaches and recreational amenities, City facilities and services including strdet sweeping and summer programming, and businesses while prioritizing public safety and hea h throug education and outreach, enforcement, individual responsibility, and management of staff resourcesl if Mayor O'Neill thanked staff, particularly Public Works, Police, and Lifeguard departments; noted other counties are opening their beaches, trails and open spas; suggested reopening the boardwalk on the Peninsula; and remarked that the number of casein the City has been low except for the recent spike in cases at multiple skilled nursing facilities. City Manager Leung stated at the #pervisors voted earlier in the day to open parking lots at parks. Council Member Dixon thankeIt �ublic safety personnel and noted guidelines for beach activities; remindA the p� iwhile case numbers are going up due to the increased availability of tests, hospitalizatave been stable; believed barricades should be removed and that parking lots and restrooms should be opened; and added that while crowds on the beach were under control she hps concerF pertaining to enforcement at closing. Police Chief Lewis provided a report on beach response and noted they addressed challenges with educating the public otFff'ctive use regulations, traffic and speeding issues, and noted that daytime beach attendees were compliant this past weekend. Council Member Muldoon believed opening beaches for active recreation use only is unfair to people with disabilities; supported taking down barricades; and thanked first responders, medical professionals, and City staff whom he referred to as the unsung heroes. In response to Council Member Brenner's questions, City Manager Leung advised that the Corona del Mar parking lot is closed, but staff is evaluating all beach -related parking lots. Council Member Brenner advised that San Clemente has barricades three blocks from the beach and blocking access to the pier. She suggested the possibility of sending out a press release to inform the public on the 10 p.m. curfew and other beach prohibitions. Comments after reconvening: Volume 64 - Page 395 City of Newport Beach Regular Meeting May 12, 2020 Chuck Remley reported on last weekend's beach activities, traffic, the Police Department's presence, and concerns with trash on the Peninsula. Denys Oberman asked the City to take clearer action that protects residents and suggested police officers patrol beaches just before and after 10 p.m. to enforce the closure. XI. CLOSED SESSION — moved to end of the meeting XII. RECESSED — 7:01 p.m. XIII. RECONVENED AT 7:22 P.M. FOR REGULAR MEETING (PUBLIC HEARINGS) XIV. ROLL CALL 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 H. INVOCATION — Pastor Paul Hegele, Newport Harbor Lutheran Church XVI. PUBLIC HEARINGS 20. Approval of the Fee Study Update [100-2020] 00 Motion by Mayor O'Neill, seconded by Council MemblNd, on, to discuss the fee study update at the May 26, 2020 Study Session and bring the fees back to the City Council for adoption at the June 9, 2020 City Council meetin . The motion carried unanimously. 21. Resolution No. 2020-33: Appeal of Plannin Commission Approval for The Garden Office and Parking Structure Proposed at 215 erside Avenue (PA2019-023) (Continued from the April 28, 2020 City Cduncil Meeting) 0-20201 Ex Parte Communkations: Mayor O'Neill disclosed meeting months ago with Leslie Daigle, who represented the Applicant, and the Applicant's architect at the site and noted a conversation three weeks ago with the Appellants, their attorney, and Interested parties Charles Klobe, Nancy Scarborough, and Dave Tanner. At the Appellants' request to attempt to find a resolution, he interacted with the Applicant and Appellants. Council Member Herdman disclosed a meeting with Ms. Daigle and the architect a couple of months ago at the site. Council Member Dixon disclosed meetings with Ms. Daigle and the Applicant on site and the Appellants and a site visit last Saturday at the residences above the project site. Council Member Muldoon disclosed conversations with Ms. Daigle and a neighbor. Council Member Duffield disclosed conversations with Ms. Daigle and the architect and an Appellant homeowner. Council Member Brenner disclosed a meeting with Ms. Daigle and architect Scott Laidlaw and conversations with Charles Klobe and Nancy Scarborough. Volume 64 - Page 396 City of Newport Beach Regular Meeting May 12, 2020 Mayor Pro Tem Avery disclosed his attendance at an open house last fall where the architect, developer, and Ms. Daigle were present; a meeting with an Appellant; a self -guided tour of the property; and phone calls with Ms. Daigle. Scott Laidlaw, architect and Applicant, utilized a presentation to describe the unique circumstances and existing conditions of the site. Aaron Ehrlich, Appellants' attorney, used a presentation to discuss the project site and its boundaries including: parking requirements, findings for a conditional use permit (CUP), submittal of revised plans and their accessibility, California Environmental Quality Act (CEQA) issues; the relationship between the project and The Garden Center project, efforts to resolve issues, misstatements in the staff report, the private easement's effect on the project, and the Appellants' proposal for a trellis and conditions of approval. Hal Woods, Appellant at 2919 Cliff Drive, believed property rights are a privilege and stated that the structure should close at 10 p.m. seven days a week. Ernie Castro, Appellant at 2915 Cliff Drive, indicated the because of the coronavirus; believed excess parking is inten mall; expressed concern regarding noise, light, and air access to the parking structure. 14 In response to Mayor O'Neill's question, Commlinity DevA Applicant's revised plans were sent to the Council%egterday ig should have been postponed the restaurant project and strip for residents due to late-night Director Jurjis reported the e same time to Mr. Ehrlich. In response to Mayor O'Neill's questions�MPh-Laidlaw used a presentation to reflect revisions to retain slope on the hillside and increase landscaping at the property line with Mr. Woods' residence. He added that the changes are an attempt to make the situ'tion better for the Appellants and noted no conflict with Council choosing to use the prior set,&€ plans due to concerns about notice of the revised plans. AO A At Mayor O'Neill's request, City Attorney HaVadvised that as the change is relatively minor and moves the project farther away from the residences, it does not create any new view issues or other impacts. He stated that the public has had an opportunity to view the information prior to making any comments anAhat Council may proceed with the revised plans. Mayor O'Neill opened the public hearing. Jaleel Shabazz Blue auestioned the idea of continuiney a Droiect if it is not bettering the citizens' properties. 1W Jim Mosher indicated this is not the ideal format to hold a public hearing; expressed concern that community members are not being heard; and advised of an open parking structure at the Westcliff Drive medical offices, adjacent to residential views, was approved in 2014 without a conditional use permit. Brion Jeannette commented that the existing building is not an appropriate landmark building for the community; believed what Mr. Laidlaw is doing is a vast improvement; supported the proposed parking and landscape; and recommended Council approve the project. Stefanie Sitzer Pilalas, Appellant, agreed with Mr. Ehrlich comments; believed there has been too much emphasis on what the project is going to look like and less on what it will be used for, hours of operation, and onsite parking; and stated the project should be further modified to make it livable. Volume 64 - Page 397 City of Newport Beach Regular Meeting May 12, 2020 Troy Pilalas, Appellant at 2907 Cliff Drive, related that his biggest concerns are noise, light intrusion, and pollution; and suggested covering the structure with a sold roof or a complete and heavy trellis. Jeanie Foges expressed her concern with the proposed parking structure roof. Brittany Sitzer supported placing a roof over the parking structure and expressed concern about the withholding of details. Steve Hufford shared previous businesses in the location that operated with longer hours; indicated the building is currently dilapidated; and believed the new building would be an improvement to the neighborhood. Sandra Ayers agreed that the project is beautiful and beneficial, however its negative circumstances would be easy to resolve; believed ingress and egress on Riverside Avenue; and stated various concerns with the proposed project. Nancy Scarborough opposed the parking projec its proximity to single-family homes. Christopher Budnik supported the Appellant parking structure. cover on the structure due to require a solid roof on the Peggy Palmer remarked that guidelines are in plaW�irough the 2006General Update Plan and the Mariners Mile Strategic Plan and noted that a parking structure there is not reasonable. Mayra Ramirez supported the project because it uld`mprove the area and be an upgrade from the previous restaurant. David Tanner indicated the community is threatening litigation because the project will impact the wetland, the heritage oak tree, and the coastal bluff and create noise, light, and glare impacts to adjacent residences; and believed the project and the City must follow the rules. IR Charles Klobe stated the link on the Citvebsite to the last staff report was broken and urged Council to deny thiproject and send it back to be brought in concert with the restaurant. Portia Weiss opposed a parking structure because she believed people would rather park on the street than in a paring structure and expressed concern about the project not having a roof, impacts on the environment, the heritage coastal oak and Cliff Drive Park, and noise from doors, radios, car alarms, and tires screeching. Scott Laidlaw explained the reasons for not proposing a solid roof, including a trellis roof is a greener solution, moving everything further from the residents improves the current condition, the screening is better, a roof would need to accommodate the height of public safety and delivery vehicles, the design of the trellis is based on Building Division requirements, and a solid roof with increased height will be an eyesore. The upper-level office space functions off the upper-level parking, and the lower -level office space functions off the lower -level parking, but the two are not connected. The Bay Island parking structure has open rooftop parking and is directly adjacent to residential uses. Susan Hori, Applicant's attorney, advised that a conditional use permit allows Council to consider the unique situation of each setting, the existing grade will be lowered, and parking will be added under the parking structure. She further advised that; Condition of Approval 63 to limit entry to the upper level after 10 p.m. would be difficult to enforce and noted the Applicant team has worked with staff to address impacts to residences, and asked Council to uphold the Planning Commission action. Volume 64 - Page 398 City of Newport Beach Regular Meeting May 12, 2020 Hearing no further testimony, Mayor O'Neill closed the public hearing. Council Member Duffield noted the existing parking lot has been there for decades and the new building will be one-third the size and setback from Riverside so that ingress and egress is safer when the current condition is dangerous. He spoke in favor of the project. In response to Council Member Brenner's questions, staff explained that a private easement contains height limitations, so the Applicant lowered the height of building to comply with the easement. Council Member Brenner expressed concern about sports cars test driving on Cliff Drive and Pacific Coast Highway and mitigating the noise. In response to Council Member Dixon's questions, staff was not sure of the hours of operation for the restaurant that previously occupied the site. Community Development Director Jurjis stated that Staff agrees that the two projects do not have to be combined and that the Applicant has agreed to limit the hours of entry into the parking structure, but not t hours of exit. Council Member Dixon questioned whether the Applicant would consider limiting the hours of exit to 10 p.m. and proposed the trellis be extended aOesa et beyond the cars on either side with the roof. Mayor Pro Tem Avery stated Newport Heights is alishedneighborhood and this development is great; stated he would not accept this without a hard 10 p.m. close of the parking structure to accommodate residents; and spoke in favr7munity tending the trellis as much as possible. In response to Mayor O'Neill's question, Development Director Jurjis indicated the Planning Commission has conducted annual reviews of projects to ensure they are following the conditions of approval and added that if an Applicant is not complying with the conditions, the Applicant could make modific,�tions or be requirgd to adopt a new program approved by the Planning Commission. I Scott Laidlaw clarified that the trellis can could be extended 2-3 feet without any significant structural ramifications but potentially cause some egress challenges. 11 Motion by Mayor O'Neill, seconded by Council Member Herdman, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and c) adopt amended Resolution No. 2020-33, A Resolution of the City Council of the City of Newport Beach, California, Upholding and Affirming the Planning Commissions Approval of Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 to Demolish an Existing Restaurant and Office Building and Construct a New Office Building and Parking Structure Located at 215 Riverside Avenue (PA2019-023),with modifications to Condition of Approval 61 such that the trellis shall extend an additional three feet unless such extension violates the Building Code and to retain "and exit" at 10 p.m. in Condition of Approval 63. Council Member Brenner proposed an additional condition to allow only parking on the upper level, no special events. Susan Hori agreed to park cars only on the upper level. Mayor O'Neill amended the motion, with Council Member Herdman seconding, to add Condition of Approval 66 that would require the upper level to be used for parking only. Council Member Muldoon believed the trellis is considerate and that the architect has gone to great lengths to consider the neighbors. Volume 64 - Page 399 City of Newport Beach Regular Meeting May 12, 2020 Substitute motion by Council Member Muldoon, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and c) adopt amended Resolution No. 2020-33, A Resolution of the City Council of the City of Newport Beach, California, Upholding and Affirming the Planning Commission's Approval of Coastal Development Permit No. CD2019-003 and Conditional Use Permit No. UP2019-003 to Demolish an Existing Restaurant and Office Building and Construct a New Office Building and Parking Structure Located at 215 Riverside Avenue (PA2019-023), with a modification to Condition of Approval 61 to include the entire trellis. The substitute motion died for lack of a second. Council Member Dixon believed this is an asset to the community and the retail area that serves Newport Heights and expressed her opinion that the Applicant has listened and responded to neighbors' requests. Mayor O'Neill thanked the Applicant and Appellants for trying to reach a resolution and believed Council's proposal will be a better project for residents than at was approved by the Planning Commission. The amended motion carried unanimously. 22. Ordinance No. 2020-14: Terminating Non -Exclusive C mmercial Solid Waste Franchises (Continued from the April 28, 2020 City CounW Meeti k) [244WO-20201 Public Works Director Webb reported staff has settled three franchises and proposes to terminate nine franchises based on noncompliance with requirements for insurance and collision avoidance systems. Art Vazquez, A2Z Recycling Services, did not understand why insurance coverage of $9 million is required for a small business hauling honstruction debris only and believed the insurance requirement in the franchise agreement is excessive. Allen Babashoff, G. . Services, agreer. Vazquez that the insurance requirement is ASM excessive and shod not apply to small businesses. Mayor O'Neill opened the public hearing. Hearing no testimony, Mayor O'Neill closed the public hearing. Of Mayor O'Neill advised that companies have stated they would not haul in Newport Beach under the new terms of the franchise agreement and noted that companies must cover the insurance. Motion by Mayor O'Neill, seconded by Council Member Dixon, to a) determine this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(c)(3) and 15308 of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly and is categorically exempt pursuant to Section 15321; and b) waive full reading, direct the City Clerk to read by title only, introduce amended Ordinance No. 2020-14, An Ordinance of the City Council of the City of Newport Beach, California, Terminating Those Certain 2017 Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services Within the City of Newport Beach, and pass to second reading on May 26, 2020. The motion carried unanimously. 23. Resolution No. 2020-51: Community Development Block Grant — 2020-24 Consolidated Plan, 2020-21 Action Plan, and Citizen Participation Plan Amendment (C-8482) [38/100- 20201 Volume 64 - Page 400 City of Newport Beach Regular Meeting May 12, 2020 Mayor O'Neill requested discussion of the economic development portion of the presentation. Community Development Director Jurjis utilized a brief presentation to indicate the action plan does not have an economic development component and asked Council to amend the Action Plan to utilize $469,000 for a future economic development program. In response to Council Member Dixon's question, Mayor O'Neill indicated the funds can be used for business reopening plans and other economic development. In response to Council Members' questions, Community Development Director Jurjis related that an economic development program could be a grant or loan and cited staff research of similar plans in other cities. Mayor O'Neill opened the public hearing. Jim Mosher noted perceived typographical errors and believed the current Citizen Participation Plan lacks context. _ Hearing no further testimony, Mayor O'Neill closed the public hearing. Motion by Mayor O'Neill, seconded by Council Member Herdman, to a) find the approval of the 2020-24 Consolidated Plan, 2020-21 Action Plan, and Citizen Participation Plan Amendment exempt from the National Environmental Policy Act ("NEPA") pursuant to 24 CFR Part 58, Section 58.34; b) find the approval of the 2020-24 Consolidated Plan, 2020-21 Action Plan, and Citizen Participation Plan Amendment are exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not rLsult in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(Of (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, Califoroia Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; c) adopt Resolution No. 2020-51, A Resolution ,of the City Council of the City of Newport Beach, California, Approving the 2020-2024 Consolidated Plan, the 2020-2021 Annual Action Plan, and the Citizen Participation Plan for the Federal Community Development Block Grant Program; and d) authorize the City Manager to: (1) submit the 2020-24 Consolidated Plan, 2020-21 Action Plan, and Citizen Participation Plan Amendment to HUD, (2) execute the 2020-21 CDBG Program Grant Agreement and all related documents on behalf of the City, (3) execute the sub -recipient agreements with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan, and (4) authorize the Community Development Director, or his/her designee, to be the official representative of th*CityNewport Beach, and to submit required environmental documentation for CDBG projects. The motion carried unanimously. 24. Resolution No. 2020-52: Denying a Request to Waive City Council Policy L-2, Driveway Approaches, at 106 and 110 Sonora Street [100-20201 Mayor O'Neill addressed the need for Council Policy L2 and noted that granting a waiver for an additional entrance is reasonable with the current number of entrances onto Seashore; expressed that staff strongly recommended the Applicant follow the recommendation from Policy L-2; and requested looking into constructing a garage with access to Seashore instead of the alleyway. Brion Jeannette, architect, reported page 23 shows 16 different homes that back onto Seashore; noted that Council Policy L-2 typically does not address properties surrounded by streets on three sides; and stated the efforts to work with staff to develop reasons for a waiver. In response to Mayor Pro Tem Avery's question, Brion Jeannette indicated there is a basement and if dewatered properly, flooding would not be an issue. Volume 64 - Page 401 City of Newport Beach Regular Meeting May 12, 2020 At Council Member Dixon's request, Public Works Director Webb provided details of Council Policy L-2 and how it related to developments with alleyways behind them. In response to Council Member Dixon's question, Brion Jeannette relayed various components of the structure of the home and noted that he and staff considered different opportunities and developed this plan. In response to Council Member Muldoon's question, Brion Jeannette believed the project would provide a public benefit by creating visual continuity of traffic from Sonora into the alley and allowing bike storage. In response to Council Member Muldoon's question, Planning Technician Lee reported staff has not received any complaints about the project. In response to Council Member Herdman's question, Public Works Director Webb explained that the curbs are red because the streets are too narrow for parking on both sides. Mayor O'Neill stated that City Attorney Harp distributeAernate resolution to approve the waiver of the Council Policy at his request. Mayor O'Neill opened the public hearing. WF 1W Emanuel Shaoulian, property owner, encouraged cil to make consistent decisions and believed the solutions and the project would benefit the City. Is Admb- Hearing no further testimony, Mayor O'Neill closed the public hearing. Motion by Council Member Dixon, seconded by Council Member Muldoon, to a) find the project exempt from the California1 vironmental Quality Act (CEQA) pursuant to Section 15303, Article 19, of Chapter 3, Guidelines r Implementation of the California Environmental Quality Act) under Class 3, (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a signifWarnt effect on the environment; and b) adopt amended Resolution No. 2020-52, A Resolution of the City Council of the City of Newport Beach, California, Denying a Request Waiving City Council Policy L-2 (Driveway Approaches) and Approving Coastal Development Permit No. CD01'9-007 to Allow the Demolition of an Existing Duplex and the Construction of a New Duplex ubject to a Modification of the Project to Provide Vehicular Access from the Alley for the Properti Located at 106 and 110 Sonora Street (PA2019-029). The motion carried unanimously. wr X. PUBLIC COMMENTS ON CLOSED SESSION AND NON -AGENDA ITEMS Jim Mosher indicated he does not live in Council Districts 2, 5 or 7, but under the City Charter he would be invited to vote to select who represents those Districts; and believed Council should consider changing the Charter so the voters can decide whether they want District elections. City Attorney Harp reported that Council would adjourn to Closed Session to discuss the item listed in the Closed Session agenda and read the title. XI. CLOSED SESSION — 10:19 p.m. (Herdman left the meeting) A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Volume 64 - Page 402 City of Newport Beach Regular Meeting May 12, 2020 Susan Bidart Riddle v. 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 Mayor O'Neill reconvened the meeting at 10:40 p.m. with Council Member Herdman not in attendance. XV. CLOSED SESSION REPORT City Attorney Harp announced that Council Member Herdman was not present during Closed Session and that no reportable actions were taken. XVII. MOTION FOR RECONSIDERATION - None XVIII. ADJOURNMENT - Adjourned at 10:42 p.m. in memory of Newport Beach Police Detective Jon Jarema The agenda was posted on the City's website and on the Ci Hall electronic bulletin board located in the entrance of the City Council Chambers a Civic Center Drive on May 7, 2020, at 4:00 p.m. Leilani I. Brown City Clerk Volume 64 - Page 403 eill