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HomeMy WebLinkAbout01 - MinutesOctober 13 2020 CITY OF NEWPORT BEACH Agenda Item, No. 11 City Council Minutes Regular Meeting September 22, 2020 I. ROLL CALL — 4:02 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. PUBLIC COMMENTS Jim Mosher noted Brown Act requirements for Closed Session Item A, detailed various concerns pertaining to the potential price and terms of the listed property, stated that Council Members not being able to comment on future agenda items does not provide an impression that the Council is a thoughtful government, and believed considering a commitment to end child marriage was not a proper matter for the Council. Tony Duran, addressing Item 17 (Ordinance No. 2020-24: Amending Chapter 12.54 of the Newport Beach Municipal Code Pertaining to the Oceanfront Boardwaik Safety Program), believed there has been an increase in the use of micro mobility devices during the pandemic and believed banning electric bikes would be a mistake. City Attorney Harp reported that the City Council wo djourn to Closed Session to discuss the items listed in the Closed Session agenda and read the titles. III. CLOSED SESSION — Council Chambers Conference Room A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 883 W. 15th Street, Newport Beach, CA 92660 APN:424-0- 7 Agency Negotiators: Seimone Jur�i ,Community Development Director Lauren Wooding Whitlinger, Real Property Administrator Negotiating Parties: David Bahnsen for Pacifica Christian High School — Orange County Under NegotiatioV-1struct negotiators as to price and terms of payment. B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 2 matters IV. RECESSED — 4:07 p.m. V. RECONVENED AT 5:05 P.M. FOR REGULAR MEETING VI. ROLL CALL Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon VII. CLOSED SESSION REPORT Volume 64 - Page 522 City of Newport Beach Regular Meeting September 22, 2020 City Attorney Harp announced that no reportable actions were taken. VIII. INVOCATION — Mayor O'Neill IX. PLEDGE OF ALLEGIANCE — Council Member Dixon Without objection, Mayor O'Neill requested to take Item 4 out of order. 4. Resolution No. 2020-80: Supporting the Newport Beach Fire Department [100-20201 Fire Chief Boyles discussed the challenges of COVID-19 and the deployments to wildfires, referenced a video taken by Captain Chad Ponegalek, and expressed appreciation to Council and the community for their support of the firefighters. Mayor O'Neill read the resolution; and Mayor O'Neill, Mayor Pro Tem Avery, Council Member Herdman, Council Member Dixon, Council Member Duffield, Council Member Muldoon, and Council Member Brenner expressed their appreciation to the Fire Department. Motion by Mayor O'Neill seconded by Council Membex M%ldoon, to a) determine this action is exempt from the California Environmental Quality Act EQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) adopt Resolution No. 2020-80, A Resolution of the City Council of the City of Newport Beach, California, fupporting the Newport Beach Fire Department. The motion carried unanimously. X. PRESENTATIONS r • Proclamation Recognizing International Liteimay Library Services Director Hetherton introd�ed Cherall Weiss, Newport Mesa ProLiteracy Coordinator, and Paul Watkins, Chair of the Board of Library Trustees. Ms. Weiss shared statistics, the mission of the Literacyserices PrograT, earners' goals for 2019, and the effects the program had on the learner Mayor O'Neill road the proclamation, which will be presented to Ms. Weiss and Trustee Watkins in the newly reopened Central Library. Council Member Duffield indicated the graduation ceremony for the Literacy Services Program is unforgettable. 1W Southern California Edison (SCE) Update on Wildfire Prevention and Mitigation Strategies James Peterson, SCE Senior Policy Advisor, expressed SCE's appreciation to the firefighters during the wildfires. He utilized slides to provide wildfire preparedness tips, discuss SCE's response to COVID-19, Newport Beach's High Fire Risk Areas (HFRA), strategies to present, combat, and respond to wildfires, the Wildfire Mitigation Plan which includes advanced weather modeling, Newport Beach situational awareness and vegetation management, Public Safety Power Shutoffs (PSPS) decision points and ideal timeline, enhancements to communications, customer care programs, attempts to reach vulnerable communities, investing in communities, contacting SCE, and additional resources. Volume 64 - Page 523 City of Newport Beach Regular Meeting September 22, 2020 In response to Council Member Dixon's questions, Mr. Peterson discussed the different types of power outages, identification of communities to be impacted by outages, the timeframes for outage notices to the community, the adequacy of power supplies, and the effectiveness of raising the air conditioner thermostat. In response to Mayor Pro Tem Avery's question, Mr. Peterson indicated SCE does not recommend generators but offers programs to assist customers with purchasing generators. XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Herdman: • Worked on future agenda items, future projects, and a single -use plastic ordinance for the Water Quality/Coastal Tidelands Committee to review. • Attended the Board of Supervisors meeting with Council Member Dixon regarding the General Aviation Improvement Program (GAIP), and participated in hone conference to prepare for a third meeting with the Federal Aviation Administration (FAX) regarding commercial aviation, however the FAA meeting was cancelled. • Read hundreds of emails and worked with and responded to constituents. Council Member Dixon: • Attended the Board of Supervisors meeting regardoleases with Fixed Base Operators with Mayor O'Neill and Council Member Herdman, noted that the City, community, and activists are united and for the first time ever, constraints haOlbeen definedof r general aviation operations at John Wayne Airport (JWA) to address quality of life issues. • Requested a future agenda item regarding additional rest ctions for surrey use on the Peninsula. Council Member Brenner: • Referenced a slide to highlight the Commun is Survey. • Commended Code Enforcement Officer Hern ez and provided his work phone number (949-644- 3717). • Announced Coron - del Mar residen 1 hear noise for the next three nights due to the preparations to regirface Pacific .Coast Highway. • Requested a future agenda item tviscuss the General Plan Update. Mayor O'Neill advised that Council would discuss an a*dment to the resolution creating the Housing Element Update Advisory Committ e next meeting. Mayor O'Neill: • Utilized slides to anno ce the shred event taking place at the Harbor Day School parking lot on October 17, from 8:00 a.m. to 12:00 p.m., and National Voter Registration Day. • Met with his Newport Harbor High School mentee. • Attended a Transportation Corridor Agency (TCA) Board meeting. • Participated in the blood donation event on September 21 in the Community Room. • Announced a Finance Committee meeting on September 24 at 3:00 p.m. • Advised that school speed limits will be in effect and traffic patterns will change when elementary schools open next week. • Requested a future agenda item regarding maintaining outdoor dining in some fashion. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of opening parks and playground equipment [Muldoon] Volume 64 - Page 524 City of Newport Beach Regular Meeting September 22, 2020 Mayor O'Neill, Mayor Pro Tem Avery, Council Member Dixon, Council Member Duffield, and Council Member Muldoon concurred to bring this item back at a future meeting. • Resolution to announce the City's commitment to end child marriage in California [Dixon] Mayor O'Neill, Mayor Pro Tem Avery, Council Member Dixon, Council Member Duffield, and Council Member Muldoon concurred to bring this item back at a future meeting. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Muldoon, addressing Item 5 (Resolution No. 2020-81: Supporting the Criminal Sentencing, Parole, and DNA Collection Initiative (Proposition 20)), explained the proposition. In response to Council Member Dixon's questions about Item 11 (Approval of Beach Fire Rings Security Professional Services Agreement with Lyons Security Service, Inc.), Police Support Services Administrator Stafford reported the item pertains to a contract with the same firm that the City has used since 2015 to educate beach fire ring users, and noted the co,4ractor is not empowered to enforce ordinance provisions but advised to contact the Police Department v7ho will enforce the ordinance. In response to Council Member Brenner's question regarding Item 6 (Resolution No. 2020-82: Opposing California Proposition 15 — "Tax on Commercial and Industrial Prop@rties for Education and Local Government Funding Initiative (2020)"), City Attorney Harp reported there was no legal impediment to Council taking a position on a proposition. Mayor O'Neill noted Council did the same in 2014. Jim Mosher, addressing Item Nos. 1 (Minutes for the September 8, 2020 City Council Regular Meeting), 5 and 6, corrected a typographical error and his comments in the minutes, and commented that the two resolutions direct staff to publish all arguments on one side of�Kallot measure, which is not allowed. �Iqw Denys Oberman, addressing Item 11, asked Council to revisit the contract in light of the use of fire rings being prohibited during COV I 19 and believed funding for the contract could be reallocated to enforcement. Laura Curran, addressing Item Nos. 3 (Resolution No. 2020-79: Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program), 7 (Civic Center Park Pathway Replacement — Award of Contract No. 7879-Y (21P12)) and 8 (Approval of Agreement for Landscaping Maintenance of Medians and Roadsides with BrightViendscape Services, Inc. (C-8651-1)), inquired regarding the increase in return over the 2014,,period a maximum amount that could be returned, believed the contingency fee was being mixed with fund' for unforeseen circumstances at the dog park, which would lead to additional expenditures, and su gested the staff report include a discussion of the major work items and a map of the locations. In response to Council Member Dixon's question, Mayor O'Neill indicated Item 11 would be removed from the Consent Calendar. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the September 8, 2020 City Council Regular Meeting [100-20201 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. Volume 64 - Page 525 City of Newport Beach Regular Meeting September 22, 2020 RESOLUTIONS FOR ADOPTION 3. Resolution No. 2020-79: Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program [38/100-2020] a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2020-79, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Mayor and City Manager, or Designees, to Execute Agreements and Amendments with the Department of Health Care Services (DHCS) and CalOptima to Participate in the Rating Period of July 2019 through December 2020 Medi -Cal Rate Range Intergovernmental Transfer (IGT) Program; c) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement Regarding Transfer of Public Funds with the California Department of Health Care Services (C -8085-3E); d) Authorize the Mayor and City Clerk to execute the Health Plan -Provider Agreement Intergovernmental Transfer Rate Range Program Agreement with CalOptima (C -8085-2D); and e) Approve Budget Amendment No. 2020-010 increasing revenue estimates and expenditure appropriations related to the Medi -Cal IGT Program. Add'* nal revenues are estimated to be up to $1,015,975 in Medi -Cal IGT Program funds (accou�it number 01040404-431246) and increased expenditure appropriations are estimated to be up to $549,858 in Medi -Cal IGT Program expenditures (account number 01040404 21008). 4. The item was taken out of order and discuss d after t e e of Allegiance 5. Resolution No. 2020-81: Supporting the Crimina ncing, Parole, and DNA Collection Initiative (Proposition 20) [100-2020J� a) Determine that the action is exempt from the Califor nvironmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of th EQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2020-81, AResolution of the City Council of the City of Newport Beach, California, Supporting PrbpositA 20, the " educing Crime and Keeping California Safe Act." 6. Resolution No. 2020-82: Opposing Califo nia Proposition 15 — "Tax on Commercial and Industrial Properties for Educatiou and Local Government Funding Initiative (2020)" [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 iii a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2020-82, A Resolution of the City Council of the City of Newport Beach, California, Opposing California Proposition 15, Entitled, "Tax on Commercial and Industrial Properties for EducW on and Local Government Funding Initiative (2020)." Council Member Brenner abstained on Item 6. CONTRACTS AND AGREEMENTS 7. Civic Center Park Pathway Replacement — Award of Contract No. 7879-1 (21P12) [38/100- 20201 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (d) (Restoration of deteriorated or damaged existing facility) 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. 7879-1 to Civic Construction Associates for the total base bid amount of $155,000.00, and authorize the Mayor and City Clerk to execute the associated construction contract; and d) Establish $31,000.00 (approximately 20 percent) contingency to cover the possible cost of unforeseen conditions, as well as some anticipated extra work and/or material quantities. Volume 64 - Page 526 City of Newport Beach Regular Meeting September 22, 2020 8. Approval of Agreement for Landscaping Maintenance of Medians and Roadsides with BrightView Landscape Services, Inc. (C-8651-1) [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; b) Approve a one-year agreement with six one-year term extensions with BrightView Landscape Services, Inc. for the Landscape Maintenance of Medians and Roadsides, for a total not -to -exceed amount of $16,350,000 and authorize the Mayor and City Clerk to execute the agreement; and c) Approve Budget Amendment No. 21-011 appropriating $109,040 in increased expenditures in Account No. 0108031-811018 from the General Fund unappropriated fund balance and $63,800 in increased expenditures in the Water Utilities facility maintenance account (7019052-851062) from the Water Enterprise Fund unappropriated fund balance to fund services in FY 2020-21. The increased annual cost of $298,000 will be included in the FY 2021-22 budget. 9. Award of Maintenance and Repair Services Agreement with Quality Commercial Cleaning, Inc., DBA Spectrum Facility Maintenance, for Sidewalks, Piers and Public Area Steam Pressure Washing Services (C-8652-1) [38/100-20201 a) Determine this action is exempt from the California Eyvironmental 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 a five-year agreement with Spectrum Facility Maintenance for Sidewalk, Piers and Public Area Steam Pressure Washing maintenaRte services for a total not -to -exceed amount of $1,471,703 and authorize the Mayor and City Clerk to e ecute the agreement. r 10. Architecture Services - Amendment No. Three o On-call Professional Services Agreement with WLC Architects, Inc. (Contract No. 8122-1) [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 tWCEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. Three to WLC's PSA, to add $75,000 to the current contract for a total not -to -exceed amount of $350,000; and I c) Authorize the Mayor and City Clerk to execute the amendment. 11. Removed from th nt MISCELLANEOU 12. Planning Receive an for the September 17, 2020 Meeting [100-20201 13. Budget Amendmenttb Accept a Check from the Victor Klein Trust on behalf of the Newport Beach Public Library Foundation and Appropriate Funds to the Library's Fiscal Year 2020-21 Maintenance and Operation Budget [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 Budget Amendment No. 21-008 to increase revenue estimates by $25,000 for Library Foundation Donations (Account 0106051-511085) and to increase expenditure appropriations by the same amount in the Division Library Foundation division (Org No. 0106051). Motion by Mayor Pro Tem Avery, seconded by Council Member Muldoon, to approve the Consent Calendar, except for Item 4 since it was discussed earlier in the meeting and the item removed (Item 11); and noting the abstention to Item 6 by Council Member Brenner and the amendments to Item 1. The motion carried unanimously. Volume 64 - Page 527 City of Newport Beach Regular Meeting September 22, 2020 XVI. ITEM REMOVED FROM THE CONSENT CALENDAR 11. Approval of Beach Fire Rings Security Professional Services Agreement with Lyons Security Service, Inc. (C -8485-2A) [38/100-20201 Deputy Police Chief Birch discussed Coastal Development Permit (CDP) requirements for fire rings, including the ambassador role of the security company, confusion surrounding fire rings, compliance subject to education, and the need for the Police Department to handle enforcement. In response to Council Member Dixon's questions, Deputy Police Chief Birch stated that the Police Department enforces the proper use of fire rings, however utilizing the security company is more efficient and cost effective than utilizing staff for education. City Manager Leung clarified that fire rings are open for use except on poor air quality days. In response to Council Member Brenner's question, Deputy Police Chief Birch explained that Police Officers may file a complaint with the District Attorney for a Municipal Code violation, but the process is lengthy, stated that Police Officers generally have more success in obtaining compliance than the security company, noted that Police Officers issue citations for fires occurring outside the fire rings, and added that the security company educate&aLeung about the proper disposal of coals and ashes and not placing trash in fires. In response to Council Member Herdman's question believed the cost for the security company could be considered a mandated cos . In response to Jim Mosher's questions, City Manager Lung InWd that the contract with the security company expired in April, and ador did not provide education from May until today, stated that during that time, the Police llepartment responded to complaints and fire rings were closed for much of that time due to COVID-19. Motion by Mayor O'Neill, seconded by Council Member Herdman, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or igdirectly; and b) approve a professional services agreement for beach security services relat�ng to City -owned firrings with Lyons Security Service, Inc. of Anaheim, California ("Lyons in an amount not eed $320,000 ("Agreement"), and authorize the Mayor and City Clerk to execute the Agreement. The motion carried unanimlously. XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS - None XVIII. PUBLIC HEARINGS 14. Community Development Block Grant Program Year 2019-20, Consolidated Annual Performance and Evaluation Report (C-8209-6) [38/100-20201 Mayor O'Neill opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Muldoon, seconded by Council Member Duffield, to a) find this activity exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; b) approve the Program Year 2019-20 CAPER; and c) authorize the City Manager or her designee to submit the Program Year 2019-20 CAPER to HUD. Volume 64 - Page 528 City of Newport Beach Regular Meeting September 22, 2020 The motion carried unanimously. 15. Ordinance Nos. 2020-22 and 2020-23: Newport Airport Village Planned Community Development Plan (PA2014-225) (C-7755-1) [38/100-2020] Deputy Community Development Director Campbell described the application requests, future development of housing in the Airport Area, and the actions before Council. In response to Mayor O'Neill's question, Deputy Community Development Director Campbell advised that the applicant obtained a Federal Aviation Administration (FAA) determination for the correct height of 85 feet and the PC text is consistent with the FAA's determination that there will be no threat to air navigation. In response to Council Member Brenner's question, Deputy Community Development Director Campbell explained that the Regional Housing Needs Assessment (RHNA) allocation could be achieved through a variety of strategies, noted the Housing Element Update process would provide policies to encourage housing development, and stated that the RHNA allocation was a planning goal rather than a development goal. In response to Council Member Muldoon's questions, Deputy Community Development Director Campbell reviewed the process for allocation of housing numbers throughout Southern California, noted that on October 13, staff would present an update to the Housing Element, and stated that staff is working with the California Department of Housing and Community Development (HCD) and the Southern California Association of Governments (SLAG) to develop a percentage of the accessory dwelling units (ADU) that might be developed and categorized as low or very low income units. Council Member Muldoon noted the financing for affordable housing had changed such that a combination of market -rate and affordable housing was needed to make a development project feasible. He added that he prefers to focus on providing hat(sing in general, letting the market set the price, and accepting Development Agreement fee instead of mandating affordable housing in development projects. Ar In response to Mayor Pro Tem Avery's (questions, Deputy Community Development Director Campbell clarified that the legislative action will allow a future development comprised of market - rate and affordable housing units, stated that ADUs will count towards the City's RHNA allocation, noted that a project similar to the Newport Airport Village project is in the pipeline, and added that construction costs are limiting the number of stories in these projects. Mayor Pro Tem Avery commented that the potential project was a start toward meeting the RHNA number, believed the community may not fully understand ADUs, and added that an R-1 property could contain three housing units. In response to Councember Dixon's questions, Deputy Community Development Director Campbell indicated that the Airport Land Use Commission (ALUC) will review General Plan Amendments for development projects in the Airport Area, stated that the ALUC found noise was incompatible with a housing development, noted that Council had received input through the process and disagreed with the ALUC's finding, advised that the pilots association submitted comments regarding their displeasure with a future project in the Airport Area, and added that staff would return in November with new appraisals to increase the park in -lieu fee for developments. Council Member Brenner disclosed ex -parte communications with Ken Picerne and his staff regarding the potential for his company to develop this project in the future and affordable housing. Mayor O'Neill noted HCD's guidelines will address ADUs, hoped the guidelines would provide a much higher use of ADUs, and believed the City and the ALUC could see the project differently from a policy standpoint but one agency would make the final decision. Mayor O'Neill opened the public hearing. Volume 64 - Page 529 City of Newport Beach Regular Meeting September 22, 2020 Jim Mosher believed that Council should vote no because the action would decrease the value of the property to the City, not require the property owner to provide any low or very low income housing, and a housing project will generate more complaints about airport noise. Patrick Strader, Starpointe Ventures, on behalf of property owner John Saunders, thanked staff for their work and diligence in bringing this before Council and addressed Mr. Mosher's concerns. Nancy Scarbrough stated the potential project could provide a total of 49 very low and low income units, believed the Housing Element Update Advisory Committee (HEUAC) is not having luck finding additional suitable sites for housing in the Airport Area, and believed the HEUAC should review the project. Hearing no further testimony, Mayor O'Neill closed the public hearing. Motion by Council Member Muldoon, seconded by Council Member Duffield, to a) adopt Resolution No. 2020-83, A Resolution of the City Council of the City of Newport Beach, California, Finding the Newport Airport Village Planned Community Development Located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard is Consistent with the Purposes of the State Aeronautics Act and Overriding the Orange County Airpor#Land Use Commission's Determination that it is Inconsistent with the Airport Environs Land Use Plan for the John Wayne Airport (PA2014- 225); b) adopt Resolution No. 2020-84, A Resolution othe City Council of the City of Newport Beach, California, Adopting General Plan Amendment No. P2014-004 and Waiving General Plan Policies LU 6.15.7 and LU 6.15.13 for the Newport Airport Mage Planned Community Development Located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, and ,,gJ&7 MacArthur Boulevard (PA2014-225); c) waive full reading, direct the City Clerk to read by title only, and adopt Ordinance No. 2020-22, An Ordinance of the City Council of the City of Newport Beach, Calljornia,Approving Zoning Code Amendment No. CA2014-009 and Planned Community Development Plan No. PC2020-002 Establishing the Newport Airport Village Planned Community Development 1W Located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520,E 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard (PA2014-225); and d) waive full reading, direct the City Clerk to read by title only, and adopt Ordinance No. 2020-23, An Ordinance of the City Council of the City of Newport Beach, California, Approvin Development Agreement No. DA2014-003 for the Newport Airport Village Pladned Community Deve opment for the Property Located at 4341, 4361, and 4501 Birch Street; 43 0, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, an 4647 MacArthur Bettlevard (PA2014-225). The motion carried unanimously. FF 16. Resolution No. 2020-85: Approval of Short Term Lodging Permit and Renewal Fees [100- 20201 Mayor O'Neill opened the public hearing. Jim Mosher inquired about the cost for the answering service, as it contributed to the increase of the permit fee. Denys Oberman did not believe the increase will cover the cost for the service and enforcement. Hearing no further testimony, Mayor O'Neill closed the public hearing. Motion by Council Member Herdman, seconded by Council Member Dixon, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) adopt Resolution No. 2020-85, A Resolution of the City Council of the City of Newport Beach, California, Modifying the Schedule of Rents, Fines, and Fees and Adopting Short Term Lodging Permit Initial Fee and Renewal Fee. Volume 64 - Page 530 City of Newport Beach Regular Meeting September 22, 2020 With Council Member Muldoon voting no, the motion carried 6-1. XIX. CURRENT BUSINESS 17. Ordinance No. 2020-24: Amending Chapter 12.54 of the Newport Beach Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program [100-20201 City Clerk Brown recused herself due to real property interest conflicts. Principal Engineer Sommers utilized a presentation to discuss the February 11 study session, use and safety concerns pertaining to the Oceanfront Boardwalk, the Oceanfront Boardwalk Safety Program and additional regulations, proposed amendments to Chapter 12.54 of the Municipal Code, signs and striping, radar feedback signs, speed calming devices and the Rumble Strip Demonstration Project at Castaways Trail, the Oceanfront Boardwalk Improvement Project, surrey cycles, and recommendations. In response to Council Member Muldoon's questions, Principal Engineer Sommers explained that speed bumps suitable for slowing a bicyclist would cause pr4kblems for other users, noted that redesigning the speed bump to eliminate the problems for other risers would render the speed bump ineffective for bicyclists, and added that staff will research additional measures. In response to Council Member Dixon's questions Principal Enkineer Sommers indicated the requirement for regulatory signs, the operation ofs adar feec]_back signs, methods to regulate speeds in other cities, the prohibition of surreys and eboards, a drop-off in Segway use, and the inclusion of electric bikes in the definition. In response to Mayor Pro Tem Avery's questions, Princi ngineer Sommers noted congestion on the Oceanfront Boardwalk and the need for Californoastal Commission consideration on improvements. Council Member Herdman indicated that he desired to dedicate the fine increase toward having more enforcement and believed a second boardwalk would not solve the problem. Council Member Dixon believed signage could be effective with enforcement. In response to Mayor O'Neill's questions, Police Chief Lewis shared data from the last survey of the Oceanfront Boardwalk between 151h and 161h Streets in August, stated that enforcement, education, and engineering arq components of the solution, noted that officers issue hundreds of citations every year on the Oceanfront Boardwalk, and added that signage is required for enforcement. In response to Council Member Herdman's question, Police Chief Lewis clarified that the design of the Oceanfront Boardwalk is conducive to speeding while congestion is not, stated that electric bikes have added complexity to the situation, noted that speeds are not enforced on the boardwalk at Huntington State Beach, and believed that the Oceanfront Boardwalk is different because it is located next to residential homes. Council Member Herdman understood engineering could be a significant factor in a solution. At Council Member Dixon's request, Police Chief Lewis described the composition and responsibilities of the Peninsula Enforcement Team and stated that resources are deployed to the areas where they will have the most impact. Council Member Brenner reviewed the current tasks Council assigned to the Police Department and noted that physical solutions may be more effective than enforcement. Police Chief Lewis reiterated that enforcement is part of the solution. Volume 64 - Page 531 City of Newport Beach Regular Meeting September 22, 2020 In response to Council Member Herdman's question, City Manager Leung agreed to provide written information regarding efforts to control speed on the Oceanfront Boardwalk. Council Member Dixon suggested violators do not read City communications, believed an innovative solution is needed, suggested that increased Police presence on summer weekends could be effective, and noted that Google Maps has the Oceanfront Boardwalk listed as a bike path. Public Works Director Webb explained that speed deterrents for bicyclists are rare because of the liability, Caltrans does not provide standards for this, and added that the number and use of electric devices are growing. Council Member Herdman noted sandwich boards for directional walking were effective. Public Works Director Webb added that the Oceanfront Boardwalk is a part of bicyclists' commute trips. In response to Mayor Pro Tem Avery's question, Public Works Director Webb advised that separate paths for bikes and pedestrians, and moving bikes away from houses could be advantageous. Council Member Muldoon believed signage and physical deterrents are more effective and a better use of resources than Police Officers, noted that with the early release of criminals, Police Officers should focus on protecting the community, and stated that he would not support banning electric bikes, but confirmed he would support separate paths or widening the Oceanfront Boardwalk. Council Member Duffield emphasized that signage already"Nates that motorized vehicles are prohibited, which electric bikes are, and believed that bAnin�them will not work but physical deterrents are the solution. Council Member Herdman related that Council received 354 emails on this topic with 344 in favor of banning electric bikes and acknowledged thatouncil cannot ignore this significant amount of public input. ' Denys Oberman stated the importance of the issue and offered revisions to the proposed ordinance and signage, and expressed her opposition to installing phllcal deterrents. Joe Angelo believed that the Oceanfront Boardwalkngerous, noted that motorized skateboards are on the Oceanfront Boardwalk at all hours, and believed a ban of all electric -powered vehicles and enforcement are needed. Jim Mosher believed tdigital speed signs are useful, suggested that the sign flash after 8 mph and indicate that a,violation has occurred, stated an increase in the fine is okay, and added that the Municipal Code language shoulder efer to all users of the Oceanfront Boardwalk. Fred Levine believed that thelOce` nfront Boardwalk is dangerous, the community needs action, suggested that part, of the solution is enforcement, and spoke in favor of banning motorized devices. Maureen Cotton, Central Newport Beach Community Association, agreed with comments that the Oceanfront BoardwalkW'dangerous and understood the limitations of the Police Department when regulating speed on the Oceanfront Boardwalk. Rudy Svrcek stated that his family uses electric bikes for transportation, believed in increasing Police presence, suggested fine amounts be posted, and added that a Police substation on the Peninsula would make a difference. Buzz suggested evaluating the problem from the perspective of denying people the opportunity to enjoy electric bikes or remedying a significant safety issue, stated that electric bikes provide people with mobility, and believed signage will be ignored. Jason David indicated he and his disabled son use an electric three -wheel cruiser, believed speed violators should receive tickets, and stated that a ban on electric bicycles would penalize his son. Max Johnson believed consistent and clear signage are important and believed the Municipal Code should have a broad category of all devices. Volume 64 - Page 532 City of Newport Beach Regular Meeting September 22, 2020 An unidentified speaker stated he could no longer walk on the Oceanfront Boardwalk because of the danger, believed City administration does not want to enforce regulations, and noted the solution is to create an Oceanfront Boardwalk with two separated and dedicated lanes. Peter Hoffman advised that he rarely sees Police Officers on his daily trips on the Oceanfront Boardwalk and believed that enforcement is all that is needed. Marlyn Natell commented that the existing signage is wordy, suggested the language reflect "pedal bikes and pedestrians only," believed that ADA motorized vehicles are not causing the City problems, suggested that volunteers with whistles could direct users to obey the law, and noted that cars also travel on the Oceanfront Boardwalk. Sean Lupton -Smith, Electric Bike Company, stated that soon pedal bicycles and electric bicycles will look the same, noted that the issue is speed, and believed flashing speed limit signs would be useful. Mike Glenn recommended people situations, stated that speeding is should ticket speed violators. supervise their children when they are aware of dangerous the issue, not the type of,11evice, and believed Police Officers Carmen Rawson supported a ban on electric vehicles on about the Police Officer who was hired for the Oce ron a Police Officer was hired for no specific purpose. FP Boardwalk and inquired ayor O'Neill clarified that Tony Duran, EV Rideables, concurred with the comment that the issue is the rider, noted that speed is a choice, stated that electric bikes are not ca. zed as a motorized vehicle, and believed some bikes can travel faster than electric bikes. i Blake, Electric Bike Company, reiterated that speed is the issue and enforcement should resolve the problem. AO -.k An unidentified speaker believed electric bikes are dangerous and suggested that all cities post speed limit signs, enforce regulations, and require riders to walk their bikes in crowded areas. In response to Mar O'Neill's question, City Attorney Harp advised that Mr. Mosher's suggestion for "all users" iskimpler, explained that under the Vehicle Code, the City can regulate only certain types of devices, staff has listed the types of devices in the proposed Ordinance, the Vehicle Code may not list every device, and stated that the language may be changed to "no user of the boardwalk shall exceed 8 mph." Mayor O'Neill proposed changing the next two sections to "no user of the boardwalk shall engage in any activity that creates an unreasonable risk of injury to any person" and "users of the boardwalk shall keep to the right of the center line except when passing," but not delete the definitions. Council Member Muldoon believed the issue is real, Police Department resources are better spent handling other regulations, and the best way to deal with this is physical deterrents. Council Member Dixon conceptually supported Mayor O'Neill's proposed changes but questioned how it could be translated to signage, believed that enforcement is not the only solution, and proposed permitting all bikes on weekdays only from May through September, and every day the rest of the year, and recommended implementing it in 2021. In response to Mayor O'Neill's question, City Attorney Harp indicated the agenda item was noticed as direction to staff, noted that staff can revise the proposed ordinance to implement the proposal, or Council can introduce the proposed ordinance, with Mayor O'Neill's changes, and staff will return with a separate ordinance for the proposal. Volume 64 - Page 533 City of Newport Beach Regular Meeting September 22, 2020 Council Member Dixon amended her proposal to revise the proposed ordinance as Mayor O'Neill suggested and direct staff to return with an ordinance to permit bikes on weekdays only from May through September and any day of the week for the remainder of the year. Mayor O'Neill suggested a Council Member move his suggested modification and suggested that, following a vote on the motion, Council Members can discuss changes, and he will conduct straw polls on the changes. Mayor O'Neill revised his modification to "no person using the boardwalk shall exceed 8 mph," "no person using the boardwalk shall engage in any activity that creates an unreasonable risk of injury to any person," and "any person using the boardwalk shall keep to the right of the center line except when passing." Motion by Council Member Herdman, seconded by Council Member Dixon, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) waive full reading, read by title only, introduce amended Ordinance No. 2020-24, An Ordinance of thP.City Council of the City of Newport Beach, California, Amending Chapter 12.54 of Title 12 of th? Newport Beach Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program, and pass to second reading on October 13, 2020. In response to Council Member Muldoon's question, City Attorne�Iarp explained the proposed language, the proposed fines, and affirmed that supporting the motion would increase the fines. Council Member Muldoon expressed hison for increasing the fines. With Council Member Muldoon votin no, the motiorfcarried 6-1. 1 City Manager Leung noted a CIP iter to st Idy strategies for widening or separating the boardwalk. With Mayor Pro Tem Avery and Council Memirs Brenner, Dixon, and Herdman agreeing, there was a 4-3 straw vote for staf'to return witf an ordinance to limit the boardwalk from Memorial Day to Labor Day to pedestrians only on weekends with more enforcement. There was a unjinimous straw vote for staff to return with a discussion regarding slowing bicycles through the use of physical deterrents and study what other cities have been doing. There was a unani traw vote for staff to return with a report on the trial at Castaways Trail. With Mayor Pro Tem very and Council Members Brenner, Dixon, Herdman, and Muldoon agreeing, there was a 5-2 straw vote for staff to return with a discussion of removing the hold from the CIP item to review the feasibility of widening the boardwalk or adding a second boardwalk. 18. Coronavirus (COVID-19) Update [100-2020] City Manager Leung utilized a presentation to discuss the California Blueprint for a Safer Economy, Orange County's tier status, testing centers, and the reopening of City facilities. Fire Chief Boyles continued the presentation with an update about responses, local case trends, and hospitalizations. Mayor O'Neill discussed Dr. Clayton Chau's comment that people are less likely to get tested when County numbers decrease. Volume 64 - Page 534 City of Newport Beach Regular Meeting September 22, 2020 XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - Adjourned at 9:44 p.m. in memory of Tom Naughton 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 September 17, 2020, at 4:00 p.m. Leilani I. Brown City Clerk Will O'Neill Mayor 4% Volume 64 - Page 535