HomeMy WebLinkAbout04/13/2021 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
April 13, 2021
I. ROLL CALL - 4:01 p.m.
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council
Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar — None
SS2. National Library Week Proclamation [100-20211
Library Director Hetherton introduced Paul Watkins, Board of Library Trustees Chairman who
indicated the Library is the cultural, educational, and informational heart of the community,
acknowledged Mrs. Stahr's contributions to the Library, expressed appreciation for Council
Members Dixon, Brenner, and O'Neill for reading to children the past week, commended Library
staff for excellent work, and thanked Council for the proclamation.
Mayor Avery read the proclamation and presented it to Library Services Director Hetherton
who thanked Council for their continuing support.
SS3. DMWDonate Life California Month Proclamation [100-20211
Rita Jackson spoke of her daughter who recently passed and was an organ donor. She
encouraged the public to visit donatelifecalifornia.org and register as organ donors, and thanked
Council for proclaiming April as Donate Life Month.
Mayor Avery read the proclamation and presented it to Ms. Jackson.
SS4. Crystal Cove Cottage Presentation [100-20211
Kate Wheeler, Crystal Cove Conservancy President and CEO, utilized a presentation to share
photos of Crystal Cove's back country habitat, coastline and coastal bluffs, and cottages; use of
revenue from food service and cottage rentals; the history and preservation of the cottages; and
education programs. She thanked Council and the community for supporting Crystal Cove.
SS5. Balboa Island Drainage [100-20211
Council Member Blom recused himself due to real property interest conflicts.
Public Works Director Webb and Assistant City Engineer Stein utilized a presentation to discuss
Balboa Island elevations and high tides, the storm drain system with tide gates, street flooding
and pumping, proposed long-term drainage solutions, the pump station concept adjacent to
Grand Canal, potential pump station locations, the discharge line concept for the south and
north sides of Balboa Island, the west end pump station location, pumped flows at outlets within
the bridge abutment, the pump station concept and maintenance, the gravity feed storm drain
system, construction cost estimates for drainage system options, advantages of the pump station
options, recommended options, construction challenges, the funding allocation schedule, the
potential project schedule, and reasons for the project.
Volume 65 - Page 2
City of Newport Beach
Study Session and Regular Meeting
April 13, 2021
In response to Mayor Pro Tem Muldoon's questions, Utilities Director Vukojevic indicated the
overtime cost for the pumping response is about $200,000 per year, the overtime expense will
be much less with an automated pump station, some storms and tides overwhelm staffs efforts,
and having the proper equipment could prevent property damage. Assistant City Engineer
Stein related that, if one station in a two -station system fails, the second station cannot replace
the first, two pump stations are better than four pump stations because of maintenance costs,
and tide gates and drains will be removed once a pump station is online. Public Works Director
Webb clarified that multiple pumps are located in a pump station, an alternate pump can replace
a failed pump in a station, a generator running on an alternative fuel source can power pumps
during an electrical outage, cost and siting/access are the major factors in considering pump
station options, and a one pump station may be better at this time.
In response to Council Member O'Neill's questions, Assistant City Engineer Stein shared the
advantages of micro -tunneling versus open cutting streets to install pipes, stated that Collins
Bridge is in good condition, and the project will not affect it. Public Works Director Webb added
that additional problems could make open cutting less expensive, $1.6 million covers the
designing of the pump stations and underground storm drains, and designing street changes
will be separate. Council Member O'Neill preferred a concept that does not puncture seawalls.
In response to Council Member Dixon's questions, Assistant City Engineer Stein reported
Item 7 covers the design of the pump station and storm drain on the west end of Balboa Island,
staff spoke with the Federal Emergency Management Association (FEMA) staff regarding
potential grant funding but they did not encourage City staff to apply, and the project is designed
for a 200 -.year rain event. Public Works Director Webb indicated staff is searching for grant
funding, this project would qualify for grant funding because it protects housing, and work would
be completed in segments so traffic circulation is maintained.
In response to Mayor Avery's question, Assistant City Engineer Stein advised that low flows
would be captured and diverted to the sanitary sewer system.
Mayor Pro Tem Muldoon requested staff provide a brief report regarding estimated costs.
III. PUBLIC COMMENTS
Jim Mosher noted the upcoming meetings for the Board of Library Trustees and the Aviation Committee
were scheduled concurrently, which one can perceive as an indication that one meeting is more
important than the other, and inquired whether the Closed Session concerned the purchase, sale,
exchange, or lease of the property.
City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the
item listed in the Closed Session agenda and read the title.
IV. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 Matter
Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and
944 Via Lido Nord (423-281-10) (approximately 845 square feet).
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Whitlinger, Real
Property Administrator.
Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the 944 Via Lido
Nord Trust.
Under Negotiation: Instruction to City Negotiator regarding price and terms of payment
Volume 65 - Page 3
City of Newport Beach
Study Session and Regular Meeting
April 13, 2021
V. RECESSED - 5:15 p.m.
VI. RECONVENED AT 5:45 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council
Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council
Member Will O'Neill
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION - Council Member Dixon
X. PLEDGE OF ALLEGIANCE - Mayor Avery
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Brenner:
• Met with community members regarding housing and with the Pacific Marine Mammal Center
• Attended the opening of the vaccination center at the Orange County Fairgrounds with Mayor
Avery and the meeting of the Housing Element Update Advisory Committee (HEUAC)
• Utilized a slide to announce a District 6 virtual Town Hall on April 29, 2021 at 5:00 p.m.
• Announced Council Member Dixon and she would like to request a future agenda item regarding
safe beaches and read the title
Council Member O'Neill:
• Attended the Battle of the Bay between Corona del Mar and Newport Harbor High Schools, the
Corona del Mar High School play, the HEUAC meeting, and the vaccination clinic at OASIS Senior
Center
• Utilized a slide to announce the Recreation & Senior Services Department's summer camps
(campnewport.com)
Council Member Dixon:
• Attended meetings of the Short -Term Lodging Ad Hoc Committee
• Visited the Bridge Shelter with City of Costa Mesa staff and Homeless Coordinator Basmaciyan
• Addressed the annual meeting of the Lido Isle Community Association
• Announced the Aviation Committee will meet on April 19, 2021 at 5:00 p.m.
• Utilized a slide to introduce a new app for the Civic Center Native Plant Tour, available through
the MyNB app
Council Member Blom:
• Utilized a slide to announce free document shredding and e -waste disposal on April 24, 2021 from
8:00 am to noon at Harbor Day School
Council Member Duffield:
• Participated in a boat race from Newport Beach to Cabo San Lucas
• Announced a boat auction on May 7, 2021 at 10:00 a.m.
Mayor Avery:
• Attended the Orange County Sanitation District board meeting
Volume 65 - Page 4
City of Newport Beach
Study Session and Regular Meeting
April 13, 2021
Utilized a slide to announce the business license tax waiver and information is available by
contacting staff at licensing@newportbeachca.gov
Announced the National Mayor's Challenge for Water Conversation from April 1-30, 2021 and
encouraged the community to take the pledge
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 3 (Resolution No. 2021-27: Acceptance State of California, Department of Parks and
Recreation, Division of Boating and Waterways Grant for Reimbursement of the Cost for Two Zodiac
Pro Classic Safety Boats for the Marina Park Sailing Program), Mr. Mosher requested the
resolutionreflect the correct spelling of Zodiac. He also noted the report for Item 13 (Planning
Commission Agenda for the April 8, 2021 Meeting) was an old report.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the March 23, 2021 City Council Regular Meeting [100-2021]
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.
RESOLUTION FOR ADOPTION
3. Resolution No. 2021-27: Acceptance State of California, Department of Parks and
Recreation, Division of Boating and Waterways Grant for Reimbursement of the Cost for
Two Zodiak Pro Classic Safety Boats for the Marina Park Sailing Program [100-20211
a) Find this action is not subject to 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, Division 6,
Chapter 3, because it has no potential for resulting in physical change to the environment,
directly or indirectly;
b) Adopt Resolution No. 2021-27, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing Acceptance of Aquatic Center Grant FY 2020-21 (C8965309) Grant
Agreement Between the State of California Department of Parks and Recreation, Division of
Boating and Waterways and the City of Newport Beach for Reimbursement of the Cost for Two
Zodiak Pro Classic Safety Boats for the Marina Park Sailing Program;
c) Authorize the City Manager to sign and execute the Grant Agreement (C-8666-1) and
subsequent related documents as may be related to the reimbursement of the City's two Zodiak
Pro Class safety boats; and
d) Approve Budget Amendment No. 21-034 to record and appropriate $40,000 in grant revenue
from the State of California Division of Boating and Waterways to Marina Park - Equipment
NOC account 0107023-911024 and $40,000 in expenditure appropriations to Marina Park -
Equipment NOC account 0107023-911024.
CONTRACTS AND AGREEMENTS
4. Newport Pier Area Water Main Replacement - Notice of Completion for Contract
No. 7631-2 (20W11) [38/100-20211
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
Volume 65 - Page 5
City of Newport Beach
Study Session and Regular Meeting
April 13, 2021
c) Release Faithful Performance Bond one year after acceptance by the City Council.
5. Mission Bay Drive Drainage Project - Notice of Completion for Contract No. 7889-1
(21R03) [38/100-20211
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.
6. Sewer & Storm Drain Systems Rehabilitation Project - Notice of Completion for Contract
No. 7538-1 (18S03 & 19D02) [38/100-2021]
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.
Balboa Island Drainage Master Plan/Pump Station - Approval of Amendment No. 2 to
Pacific Advanced Civil Engineering Inc. Professional Services Agreement (Project
No. 19D11) (C-8563-1) [38/100-20211
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; and
b) Approve Amendment No. 2 to the Professional Services Agreement with PACE of Fountain
Valley, California, for Balboa Island Drainage Master Plan/Pump Station project at a not -to -
exceed fee of $798,506.00, and authorize Mayor and City Clerk to execute the Agreement.
8. Bay Crossing Water Mains and Sewer Force Main Replacement Project (16W12) -
Approval of Professional Services Agreement with Dudek, Contract No. 8487-3 [381100-
2021]
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 a Professional Services Agreement with Dudek of San Juan Capistrano, California, for
the Bay Crossing Water Mains and Sewer Force Main Replacement project at a not -to -exceed
price of $1,222,533.00, and authorize the Mayor and City Clerk to execute the Agreement.
9. Commercial Marina Lease for Balboa Boat Yard with Use of a Portion of the Public
Tidelands in the Street -End at 26th Street (C-8667-1) [38/100-20211
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and
b) Authorize the City Manager and City Clerk to execute a five-year Lease Agreement
("Agreement") for use of the City -managed tidelands adjacent to 2414 Newport Boulevard and
in the 26th Street street -end, in a form substantially similar to the agreement prepared by the
City Attorney.
10. Authorization for Two Agreements with Special Order Systems, Inc. for a Wireless Phone
System for Lifeguard Towers and Lifeguard Headquarters (C-8668-1 and C-8668-2)
[38/100-2021]
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) Waive bidding requirements as described in City Council Policy F-14 due to contractor being the
sole source provider;
Volume 65 - Page 6
City of Newport Beach
Study Session and Regular Meeting
April 13, 2021
c) Authorize the City Manager and City Clerk to execute an installation agreement with Special
Order Systems, Inc., the sole provider of exclusive proprietary wireless phone system
communications equipment to be installed at the ' Fire Department's lifeguard towers and
lifeguard headquarters, for a not -to -exceed amount of $55,000, in a form substantially similar
to the agreement attached to the staff report and subject to approval as to form by the City
Attorney;
d) Authorize the City Manager and City Clerk to execute a five-year equipment lease agreement
with Special Order Systems, Inc., the sole provider of proprietary wireless phone system
communications equipment for the lease of such equipment at the Fire Department's lifeguard
towers and lifeguard headquarters, for a not -to -exceed amount of $505,000, in a form
substantially similar to the agreement attached to the staff report and subject to approval as to
form by the City Attorney; and
e) Approve Budget Amendment No. 21-035 appropriating $146,764 to the Information Technology
Telecomm Datalines Account (76420203-831001).
Mayor Pro Tem Muldoon recused himself from Item 10 due to business interest conflicts.
11. Pulled from the Consent Calendar
12. Award of Contract to Moss Adams LLP for Internal Audit Services (C-7792-1) [381100-
20211
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) Authorize the Mayor and City Clerk to sign a one-year term contract for $120,000 with Moss
Adams LLP to perform internal control audit work.
MISCELLANEOUS
13. Planning Commission Agenda for the April 8, 2021 Meeting [100-20211
Receive and file.
14. Update on Summer 2021 Balboa Peninsula Trolley Operation [100-20211
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) Commence with the 2021 Summer Balboa Peninsula Trolley operation on weekends_ with a
delayed start date of Saturday, June 26, and running through the Labor Day holiday,
September 6.
Mayor Pro Tem Muldoon and Council Member O'Neill noted "no" on Item 14.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Brenner, to approve the
Consent Calendar, except the item removed (Item 11); and noting the recusal by Mayor Pro Tem
Muldoon to Item 10, the "no" votes by Mayor Pro Tem Muldoon and Council Member O'Neill to Item 14,
and the amendments to Item 1.
The motion carried unanimously.
XV. ITEM REMOVED FROM THE CONSENT CALENDAR
11. Professional Services Agreement with Newport Beach & Company for Government
Access Channel Management (NBTV) and Video Production Services (C-8581-2) [381100-
20211
Volume 65 - Page 7
City of Newport Beach
Study Session and Regular Meeting
April 13, 2021
Council Member Dixon proposed amending the contract to provide more human -interest videos
about Newport Beach residents, businesses, and events within the current costs and scope of service.
City Manager Leung reported that is possible, the contract provides the flexibility to cancel,
supplement, and trade programming, and noted that the contract is funded through the General
Fund.
Council Member Brenner expressed disappointment with the amount of old content shown on NBTV
provided through Spectrum, stated she wants programming that serves the community, and
proposed that Council Members are allowed to suggest content. City Manager Leung indicated
Council Members can provide input without forming an ad hoc committee. At Council Member
Brenner's request, Gary Sherwin, NBTV, indicated NBTV would be happy to offer more engaging
and robust programming, NBTV produces a lot of content outside the scope of the contract, there is
some hesitancy to air that programming because of concerns that it may conflict with City policy or
not comply with legal guidelines, and that there have been few community events over the past year
to add to programming.
Council Member Dixon requested Mr. Sherwin assist staff with incorporating more video into the
website. Mr. Sherwin advised that his team works closely with Public Information Manager Pope.
In response to Council Member Blom's question, City Attorney Harp was unsure of Mr. Sherwin's
reference to legal guidelines, he would be happy to work with Mr. Sherwin to air more content, and
there are some boundaries with providing access to more people. City Manager Leung reiterated
that the General Fund supports the contract and programming, policies and procedures for spending
taxpayer dollars apply, and Council is the fiduciary steward of these funds, which are probably the
requirements Mr. Sherwin referred to.
Council Member O'Neill stated he has never watched NBTV, its purpose is to provide information
and content, the City is not in the entertainment industry, production is very expensive, and
supported putting in place more content.
Motion by Council Member Dixon, seconded by Council Member Brenner, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) execute a two-year Professional Services
Agreement with Newport Beach & Company for Management of NBTV Programming and
Operations, with an option to extend the agreement for two one-year terms at a total not -to -exceed
amount of $502,788.29, and give preference to human interest video content.
Jim Mosher recalled Council having a Media and Communications Committee at one time and hoped
the public could provide input to the redesign of the website because the IT Department's ideas may
not coincide with the public's ideas.
With Council Member Blom voting "no," the motion carried 6-1.
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Avery Counts, Constituent Services Manager for Supervisor Katrina Foley, reported the vaccination
Point Of Distribution (POD) at the Orange County Fairgrounds is operational and that Council
Members and staff are welcome to contact Supervisor Foley.
Jim Mosher requested Council reconsider its March 23, 2021 vote on the recycling fee, expressed the
opinion that the fee should be paid from the basic property tax assessed to each parcel, and the
calculation of the fee discouraged residents from recycling.
Loc Pham stated only one company services moorings and is raising prices, the Harbormaster has an
obligation to attract additional service companies to Newport Beach, another company applied for a
permit and paid the fee but has not received a permit, and the Harbor Department posted a letter
attacking him for doing nothing on his boat.
Volume 65 - Page 8
City of Newport Beach
Study Session and Regular Meeting
April 13, 2021
Nancy Scarbrough noted the actual due date of the Housing Element is early 2022, expressed concern
regarding the direction of the Housing Element Update, and suggested that Council pause the process,
seek knowledge, and hold a Study Session as soon as possible. She stated that awareness of other
approaches would inform decisions regarding the Housing Element.
XVII. PUBLIC HEARINGS
15. Proposed Assessment District No. 120 — Area Along Santa Ana Avenue Between
Old Newport Boulevard and Cliff Drive [100-20211
Mayor Pro Tem Muldoon recused himself due to business interest conflicts
Mayor Avery announced that all protests must be received by the Assistant City Clerk by the close
of the public hearing.
Mayor Avery opened the public hearing.
Assistant City Clerk Goodman-DeCoud announced that the public was welcome to view the ballot
counting in the Community Room and the individuals counting the ballots had been deputized to do
so.
City Attorney Harp reiterated that all protests must be received by the Assistant City Clerk by the
close of the public hearing.
Mayor Avery announced that the ballots will be counted at this time, the agenda will proceed, and
the results will be announced once the tabulations have been completed.
Following the completion of the assessment ballot tabulation, Assistant City Clerk Goodman-
DeCoud announced that, based on the tabulations for the ballots received for Assessment District
No. 120, 87.22% of the ballots were submitted in favor of the Assessment District for a total
assessment of $1,112,246.62 and 12.78% of the votes were submitted in opposition, for a total
assessment of $162,961.66; and that Council may proceed with the formation of the Assessment
District by adopting the resolution confirming the assessment.
Hearing no further testimony, Mayor Avery closed the public hearing.
Motion by Council Member O'Neill seconded by Council Member Dixon, to a) adopt
Resolution No. 2021-28, A Resolution of the City Council of the City of Newport Beach, California,
Making Determinations, Confirming Assessments and Proceedings, and Designating the
Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for
City of Newport Beach Assessment District No. 120; and b) approve Budget Amendment No. BA -037
authorizing an advance from the General Fund in the amount of $165,000 to be repaid from Bond
Proceeds and cash contributions from Assessment District No. 120 and appropriating $75,000 to
Account No. 66902-941027 for electrical utility design by SCE, $25,000 to Account No. 66902-941005
for phone and cable system design by AT&T and Spectrum, $50,000 to Account No. 66902-941008
for City Administration, and $15,000 to Account No. 66902-941012 for Bond Counsel. Funds
remaining in any fiscal year will be carried forward to future annual budgets per Council Policy
F-3.
With Mayor Pro Tem Muldoon recusing himself, the motion carried 6-0.
16. Resolution No. 2021-30: Local Coastal Program Amendment Related to Short Term
Lodging on Newport Island (PA2020-326) [100-20211
Community Development Director Jurjis utilized a presentation to discuss zoning and Short -Term
Lodging (STL) permits for Newport Island, narrow streets, coastal access and recreation, Coastal
Commission staff comments, Newport Island specific regulations, further comments received,
possible revisions, and recommended actions.
Volume 65 - Page 9
City of Newport Beach
Study Session and Regular Meeting
April 13, 2021
Mayor Avery opened the public hearing.
Norton Younglove opposed the restraints on STLs, stated that income from rentals help maintain
his building, his renters were no more of a problem than people that occupy hotel rooms, and the
regulations were an undue interference of private property owner rights.
Jim Mosher expressed concerns about the process, discussed the length of time a proposed
amendment has to be available before Council can act on it, and reviewed amendments posted in
November 2020, April 8, 2021, and April 13, 2021, City Council Policy K-1, and the Planning
Commission's recommendation.
Chuck Gayton shared photos of streets with no available parking and stated there is a parking
problem, the cause has not been identified, cars parked improperly should be towed, his policy is to
terminate the rental of an STL if the renters received a citation, noted that a resident paid a small
fine while he paid a $1,000 fine for his STL, and people need to go along to get along.
Craig Batley indicated he manages no STL properties on Newport Island because of the parking
problem, did not know if a carve -out for Newport Island is fair, expressed the opinion that banning
STLs outright unfairly punishes responsible operators and travelers, and indicated it was an
operator problem.
Gary Cruz discussed property rights, the ban on STLs in R-1 zones, the conversion of duplexes to
single-family homes, complaints, and code enforcement.
Meg Cooper opposed the requirement for STLs to be owner -occupied and managed, and shared the
reason for her moving from her owner -occupied STL.
Mark Marcos advised that more than 100 homeowners signed a petition supporting the owner -
occupied requirement and emphasized that homeowners want change.
Gina Unsworth suggested Council consider Ms. Cooper's situation for an elderly person, indicated
neighbors are terrified, stated the residents need Council's help, and noted that parking is one of
many daily problems.
An unidentified speaker appreciated Council's efforts, noted many changes have occurred but
problems continue, stated the hotline was not working when he called the previous Thursday, and
indicated code enforcement responded to his email.
Bud Reveley opposed the latest proposals, but supported owner -occupied STL units.
An unidentified speaker stated that six STL units are located near his home, the tenants have been
problems, and owner -occupied and managed properties are the only way to handle the problems.
Council Member Dixon thanked residents for communicating their needs and related that Council
has worked to get the system right and is still working on it, 1,453 STL permits are active in
Newport Beach, long-term rental is a property right, STL is a worldwide problem, Newport Beach
welcomes visitors, and Newport Island is unique.
At Council Member Dixon's request, Community Development Director Jurjis advised that the
resolution continues to require owner occupancy, Coastal Commission staff indicated they would
not support owner occupancy or restrictive parking requirements, and staff suggested Council
consider amending the resolution to remove owner occupancy and add a limit of one rental per week.
Council Member Brenner stated that residents need to address the Coastal Commission so that the
Commissioners understand the situation, these changes will be beneficial, the Coastal Commission
will decide the owner -occupancy issue, and suggested an appeal or exception process for egregious
cases.
Volume 65 - Page 10
City of Newport Beach
Study Session and Regular Meeting
April 13, 2021
In response to Council Member Blom's questions, Community Development Director Jurjis indicated
that, since August 2020, two properties have each received two citations and are ready for
suspension hearings, and the two units are not owner -occupied.
Council Member Blom expressed the opinion Council is piecemealing provisions, they seem ripe for
denial, questioned whether this is the best way to solve the problem, a great deal of staff and Council
Member time has been spent addressing 18 units, Council needs a good plan that can pass the
Coastal Commission, and throwing out accessibility on one island may not put the City in the best
light for options the City may want in the future.
Council Member O'Neill stated Mr. Mosher's comments regarding process are well taken, and he
will abstain.
In response to Council Member Dixon's question, Community Development Director Jurjis
reiterated that Coastal Commission staff are amenable to the ad hoc committee's recommendations
with the exception of the overly restrictive parking requirement.
Council Member Dixon clarified that the 18 existing STL permits can continue to operate unless the
permits are revoked for noncompliance, Coastal Commission decisions on STLs over the past five
years are not consistent, and incorporating the new items indicates Council is listening to the
Coastal Commission.
Council Member Duffield stated he favors these actions, hoped they provide good results, and noted
Ogden, Utah, has the same problems. He added that he has experienced problems with STL tenants,
understands the reasons residents do not complain, Council is not saying homeowners cannot rent
their homes, and Council is saying renting your home for one night for a party is probably not
acceptable.
Community Development Director Jurjis reiterated that the amendment includes one rental per
week, owner -occupancy, a cap of 20 STL permits, an overnight occupant load of two people per
bedroom plus two for a maximum of ten occupants, parking restrictions tied to the occupant load,
and a daytime occupant load of the overnight occupant load plus six persons.
Mayor Avery noted that this all seemed reasonable at the beginning, quite a few STL tenants are
not good neighbors, the owners or their agents have to be strong managers, a city needs a robust
response to complaints, the City has not invested enough to deal with this issue, renters have to get
the message that they cannot disturb neighbors, the proposal without owner occupancy is not going
to deliver any real solution, most homeowners cannot afford to move, the number of permits could
exceed 2,000 if Council does not get this right, and Council will keep working on it.
Hearing no further testimony, Mayor Avery closed the public hearing.
Motion by Council Member Dixon, seconded by Council Member Brenner, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065
of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed
action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no
potential to have a significant effect on the environment; and b) adopt amended Resolution No, 2021-
30, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal
of Local Coastal Program Amendment No. LC2020-008 to the California Coastal Commission, an
Amendment to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code Related to Short -Term Lodging on Newport Island (PA2020-326).
With Mayor Pro Tem Muldoon, Council Member Blom, and Council Member O'Neill
voting "no," the motion carried 4-3.
Volume 65 - Page 11
City of Newport Beach
Study Session and Regular Meeting
April 13, 2021
XVIII. CURRENT BUSINESS
17. Coronavirus (COVID-19) Update [100-20211
City Manager Leung and Fire Chief Boyles utilized a presentation to discuss Orange County cases,
the County and State's reopening status, the City's opening status, including Library reopening and
summer camp registrations, provided updates on the Small Business Support Grant and vaccines,
including the Johnson & Johnson vaccine and transport data, and expansion of the Junior Lifeguard
program.
In response to Council Member O'Neill's question, City Manager Leung indicated the Corona del Mar
Library Branch may reopen at the end of May but certainly as soon as staffing can be filled.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 8:15 p.m. in memory of Frank Trane
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
April 8, 2021, at 4:00 p.m.
Ir
da� 0,
Leilani I. Brown
City Clerk
;, lfiQf k%
— ,� */,I �)
Brad ry
M
Volume 65 - Page 12