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HomeMy WebLinkAbout01 - Minutes - Amended PagesCity of Newport Beach City Council Meeting April 12, 2022 NIX April 26, 2022 Agenda Item No. 1 Update the Modification Percentage for User Services, and Amending Subsection 3.36.030(E) of the NBMC to Update Waiver of Fees for Service, and pass to second reading on April 26, 2022. With Council Member Duffield recusing himself and Mayor Muldoon voting "no," the motion carried 5-1. 11. Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to Raft -Ups, Live-Aboards, On -Shore Moorings, and Other Miscellaneous Provisions (continued from the March 22, 2022 City Council meeting) [100-2022] City Attorney Harp announced that Council Member Duffield recused himself from this item due to business interest conflicts. Harbormaster Blank utilized a presentation to review Harbor Commission's recommended revisions to the NBMC, review objectives and intentions, the process leading to the recommendations, focus areas, mooring sub -permits for visiting live-aboards, code enforcement, Marine Activities Permits (MAP), fueling, anchoring and mooring, and clarity of language and punctation. 0 Michelle Harris read a letter on behalf of John Botros that i0xpressed opposition to the proposed changes, discussed quantitative data, requested the removal of boat limit restrictions on raft -ups, and reviewed itemized safety and noise precautions. John Marshall, Staff Commodore at Southern California Yachtingciation, expressed opposition ft to having boat limitations for raft -ups and noted economic impacts. Alan Freeman, President of Diamond Productions, relayed data regarding raft -ups, questioned boat limitations and noise complaints, and expressed concern about public comment opportunities. George Posey expressed opposition to hav&JJJJLu1Ry permit requirement for three or more boats in a raft -up, the seven -fit -vessel rafVV1qP,1 noise level complaints, fire code issues, and non -appealable fines and citatjpns. Michael Trcka relayed a lack Xawarft7labout the public forums regarding the raft -up topic and suggested that staff meet with oater work on a better solution. An unidentified speaker expressed opposition to the proposed ordinance. Jim Mosher noted there were differences between the proposal from the Harbor Commission and the proposal presented tonight, and expressed opposition to introducing the ordinance at this meeting. Wade Womack requested that the harbor remain enjoyable for all, supported having fewer restrictions and a safe harbor, and recommended community outreach to create flexible options. Morton Irvine Smith asked that Council look into the situation and review the proposed ordinance. Mayor Muldoon expressed his opposition to the raft -up permit element, but stated he could support the ordinance if it were removed. In response to Council Member Dixon's question, Harbormaster Blank reported that observations and interactions with permit holders during Labor Day 2021 led the Harbor Commission to make the recommendations. He noted that revisions were made by the City Attorney's Office, clarified that only the permit revocation is unappealable, the 30 -day permit approval period is consistent Volume 65 - Page 293 City of Newport Beach City Council Meeting April 12, 2022 with all special event permit applications through the Recreation and Senior Services Department, the Harbor Commission subcommittee recommended the seven -vessel raft -up limit PRP WRRkR14 and indicated that organized raft -ups are mostly for social enjoyment. Council Member O'Neill agreed with Mayor Muldoon and, in response to his question, City Attorney Harp noted that the raft -up portion is entwined throughout the ordinance and recommended that Council make a motion to refer the raft -up topic back to the Harbor Commission but bring the remainder of the ordinanceback without raft -up provisions for first reading at the next City Council meeting. Council Member O'Neill expressed his appreciation for public comments, asked for respectful treatment towards Harbormaster Blank, and extended an opportunity for working together with the public. Motion by Council Member O'Neill, seconded by Mavor Muldoon, to bring back the ordinance without the raft -up provisions and send the raft -up topic back to the Harbor Commission. Council Member Dixon noted the value of Harbormaster Blank's contutions, acknowledged additional work is needed on the ordinance, supported the motion, and e ssed enthusiasm for continued discussions on this topic. Council Member Avery acknowledged the increased activity in the harbor and related issues, asked for respect amongst boaters and towards the Harbor Patrol and Harbormaster, and supported the motion. Council Member Brenner expressed appreciation for the Harbo mission and Harbormaster, noted an interest in gaining acceptance from the majority ands ted the motion. In response to Mr. Posey's question, City Attorney Harp announced that no raft -up regulations are being modified at this time and that the raft -up topic will go back to the Harbor Commission for further discussion. With Council Member 12. Fernleaf Avenue Trial Duffield recusi til the motion carried 6-0. One ay St ignation [100-2022] Public Works Director Webb request for a one-way trial on characteristics, photos of the f details. fic Engineer Brine utilized a presentation to review the venue, resident concerns, map of the area, the 200 block the Fernleaf Avenue ramp, and the Fernleaf Avenue study Council Member Brenner noted discussions with residents, accidents, and altercations on Fernleaf Avenue, the majority support in Corona del Mar for one-way streets, and expressed support for the trial with the hope that a traffic study will be conducted on all streets in the village. In response to Council Member Dixon's questions, City Traffic Engineer Brine confirmed the driving path during the trial and reported on the data to be collected from the trial. Council Member Dixon noted confusion from drivers when navigating the streets in this area, recommended removing signage at the corner, and expressed support for the trial. Ben Roth noted the traffic flow, standoffs, car damages, and vehicle speed on Fernleaf Avenue, parked car volume on the 200 block with no parking allowed on the 300 block, and pedestrian safety concerns. An unidentified speaker stated that there is blocked traffic due to construction trucks on Fernleaf Avenue, altercations with visitors to the area, and speeding. Volume 65 - Page 294