HomeMy WebLinkAbout01 - Minutes - Amended PagesCity of Newport Beach
Special Meeting
April 3, 2020
April 28, 2020
Agenda Item No. 1
City Attorney Harp believed it would be very difficult to enforce an ordinance allowing that exception.
City Manager Leung noted Transient Occupancy Tax reports come out a month later. Mayor Pro Tem
Avery suggested random audits of the reports for enforcement.
Council Member Brenner emphasized the purpose of the ordinance is to limit the exposure of the City's
residents to the virus.
Council Member Dixon proposed limiting occupancy to two people per bedroom. Mayor O'Neill indicated
he does not know how the City would enforce this.
A friendly amendment was made to the substitute motion to only allow two people per
bedroom.
Mayor O'Neill recessed the meeting at 6.05 p.m. and reconvened the meeting at 617p.m. with
all members of the City Council in attendance, except for Council Member Muldoon.
In response to Council questions, Community Development Director Jurjis reported that an inhouse
auditor performs spot checks of property owners' books, but the City has no mechanism to cross-
reference with the 50 online platforms since they will not share information with the City. He noted
that reporting is based on the honor system, the City could require permitholders to list their permit
numbers on platforms, but more importantly, the City could require property owners to share platform
bookings with the City. If operators do not use a platform and have regular customers, the platform is
the only missing link.
Council Member Herdman believed Council Members are losing sight of why they called the special
meeting, which was to try to prevent the spread of the virus and further deaths. He emphasized that
there is no room for compromise during this emergency.
Mayor Pro Tem Avery withdrew the substitute motion.
City Attorney Harp reviewed a redhne version of the proposed ordinance, which incorporated the
changes suggested by Council.
Mayor O'Neill clarified that the original motion allows a current occupant to stay through
the end of the rental agreement, that the ordinance will terminate on May 20 or if one of the
three actions occurs sooner, that Council will review the ordinance on May 12, and that the
motion includes enforcement mechanisms. Further, there will be no new rentals between
now and May 20.
With Council Member Muldoon absent, the motion carried 6-0.
VI. ADJOURNMENT - 6:32 p.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 April 24, 2020, at 3:20 p.m.
Leilani I. Brown
City Clerk
Will O'Neill
Mayor
Volume 64 - Page 355
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 14, 2020
I. ROLL CALL - 6:30 p.m.
Present Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
via WebEx: Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
In response to Council Member Dixon's question regarding the need to proceed with Items 5, 6 and 8,
City Manager Leung advised that the projects were carefully evaluated and staff will be closely
monitoring expenses. She emphasized the importance of continued maintenance and repair of
infrastructure, explained why the projects are a priority for the City, noted funding has been set aside
for these projects, and stated that building excise funds and equipment replacement funds will be used
for Items 5 and 8.
In response to Council Member Brenner's question regarding Mr. Mosher's written comments relative
to Item 5, City Manager Leung indicated that she will check with the Finance Department and see if an
adjustment to the building excise tax amount is needed.
II. PUBLIC COMMENTS - None
City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the item listed
in the Closed Session agenda and read the title.
III. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Susan Bidart Riddle u. City of Newport Beach & John Vallely
Orange County Superior Court Case No. 30-2015-00808124-CU-WM-CJC; Court of Appeal,
4th Appellate District, Division 3, Case No. G057397
IV. RECESS - 6:31 p.m.
V. RECONVENED AT 7:04 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
via WebEx: Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
VII. CLOSED SESSION REPORT - None
VIII. INVOCATION - Council Member Dixon
IN. PLEDGE OF ALLEGIANCE - Council Member Herdman
X. PRESENTATION
• National Library Week: Newport Beach Public Library's Return on Investment
Mayor O'Neill reviewed the "Seven Coolest Things" about Newport Beach's libraries.
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City of Newport Beach
Regular Meeting
April 14, 2020
An unidentified speaker thanked staff for reviewing the timeline and expressed concern regarding
how the public will participate in the process during the current health crisis.
Charles Klobe agreed with concern regarding the contract timeframe and cost.
David Tanner appreciated Council's efforts to conduct business during the pandemic and hoped
Council would consider his written comments he provided via email. Mayor O'Neill noted the
comments have been received.
At Mayor O'Neill's request, Community Development Director Jurjis indicated Kearns 4x4-& West
is the City's current public outreach consultant, -4+4 they have been placed on standby, but staff
intends to continue to use them at the advice of the former General Plan Update Steering Committee.
Mayor O'Neill noted the difficulties of public comment during virtual meetings. Community
Development Director Jurjis advised that staff will rely on the Housing Element Update Advisory
Committee (HEUAC) for the public participation process and noted that public participation is
essential. City Attorney Harp noted that the contract can be amended to change the scope of work.
Motion by Council Member Dixon, seconded by Council Member Brenner, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c) (3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division
6, Chapter 3, because this action will not result in a physical change to the environment, directly or
indirectly; and b) approve and authorize the City Manager and City Clerk to execute a Professional
Services Agreement with Kimley-Horn and Associates, Inc. to prepare the necessary updates to the
General Plan Housing, Land Use, and Circulation Elements in an amount not to exceed $1,217,461,
in a form substantially similar to the agreement attached to the staff report and subject to the review
and approval of the City Attorney's Office.
With Council Member Muldoon voting "no," the motion carried 6-1
12. Novel Coronavirus (COVID-19) Update [100-2019]
City Manager Leung utilized a presentation to discuss the actions taken thus far, City closures,
education and signage, Orange County cases from March 14 to April 14, Newport Beach cases from
March 27 to April 14, the Governor's April 14 announcement of six indicators for modifying the Stay -
at -Home order, and next steps, including monitoring closures and guidelines, fiscal impacts, and
evaluation of impacts to businesses and residents.
Fire Chief Boyles noted the tremendous support from Council, the community and staff, stated that
the Emergency Operations Center (E OC) has been operational since March 16, provided an update
on the County's hospital capacity, reported that modeling indicates that hospitalization and death
rates should peak this week and hoped for a steady decline and a flattening of the curve, disclosed
the transportation of five known COVID-19 patients to the hospital, noted that since March 21,
there were 130 enhanced precaution calls from dispatch, with yesterday being the first day of no
precaution calls, reported overall responses for March and April 2020 decreased by 22% compared
to March and April 2019, noted that in 10 of the last 11 days, the number of cases in the County
rose by single percentage points, informed Council that the Fire Department has enough protective
gear, and reported the City will need to make decisions regarding the Newport Beach Junior
Lifeguard program, recreation programs, and beaches.
Police Chief Lewis reported that there was an unprecedented crime decrease in March, added that
the Police Department is keeping an eye on family -related or domestic violence crimes, and stated
the crime prevention message remains the same.
Mayor O'Neill thanked all residents for following the social distancing guidelines and staff for their
hard work, and stated that current trendlines look positive, even though detailed information about
the spread of the virus remains unknown.
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City of Newport Beach
Regular Meeting
April 14, 2020
Council Member Herdman advised residents to be appreciative of staff and Council Members for the
incredible job they are doing during the crisis, expressed his appreciation to District 5 residents for
cooperating and complying with the guidelines, commended the two high school principals for
supporting the Class of 2020 during this hard time, and indicated his two grandchildren at Newport
Harbor High School appreciated the Mayor's letter.
Council Member Dixon expressed her pride in the City and Council's approach during the pandemic
and the positivity of local residents and those across the country coming together and practicing
social distancing. She thanked staff for the additional signage and hoped the community will
continue to follow recommended guidelines in anticipation of the upcoming warm weather
conditions.
In response to Council Member Dixon's question, City Manager Leung indicated that staff will
review information provided by the County about testing and incorporate the information into the
City's website, and noted the County CEO advised her that testing is expected to increase and he
will be taking a planning process to the Board of Supervisors this week. Council Member Dixon
noted Hoag Hospital beds are empty, and people should not be scared to go to the hospital and should
call 911 if they have a serious issue. She thanked the community and the Mayor for his leadership,
and urged workers and residents to listen to the County's recommendation to wear face coverings.
She noted complaints she received about construction workers not wearing face coverings.
Council Member Muldoon thanked the City Manager for the team's long hours and the video and
phone production of the Council meeting. In response to Council Member Muldoon's questions, Fire
Chief Boyles reported the last number for positive cases was 87 in Newport Beach, which climbed
by one or two as of today. He stated that Laguna Beach, Newport Beach and Villa Park are the top
three cities in cases per capita, while Stanton, Seal Beach and Garden Grove are the bottom three
cities in cases per capita. He reported that none of the 120 sworn Fire Department personnel are
symptomatic or have tested positive for COVID-19 and the risk for infection can be minimized with
proper social distancing and hand washing. Council Member Muldoon believed collaboration and
education have been the driving force for flattening the curve, and there are not enough thank you's
for staffs hard work. He encouraged residents not to be fearful to access quality healthcare in the
area, and reported the City will educate everyone on the process for returning to regular life.
Mayor O'Neill indicated Supervisor Michelle Steel has hosted phone calls for mayors in her district
over the last couple of weeks, and the number one complaint from cities outside the area is lack of
access to testing.
Council Member Brenner acknowledged the public's frustration during this constantly evolving
situation and suggested an agenda item regarding resident -only parking during the emergency. She
expressed her appreciation in response to adjustments in beachfront areas, and constructive emails
and phone calls with staff. She displayed photos of crowds on Ocean Boulevard received from em ails
sent to all Council Members at citycouncil@newportbeachca.gov. She commended Mayor O'Neill for
the children's reading video he produced and expressed here appreciation to staff and medical
personnel. In response to Council Member Brenner's question, Police Chief Lewis advised that
closures and other measures have impacted social distancing and face covering compliance, and the
Police Department is working diligently to maintain public safety.
Council Member Duffield thanked the City Manager and staff, and noted that Council supports
them 100% during these unprecedented times. He encouraged everyone to keep going.
Mayor Pro Tem Avery indicated a crisis like this brings out who you really are, who organizations
really are, and who cities really are, and emphasized that one of the things residents can do is be
kind to each other. He stated that Council and staff are working to balance protection and freedom,
and expressed that it is an honor to be a Council Member and a part of the solution even though
times are difficult.
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