HomeMy WebLinkAbout01 - MinutesMay 12, 2020
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Special Meeting
April 28, 2020
I. CALL THE MEETING TO ORDER
II. ROLL CALL - 3:00 p.m.
Present Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner
via WebEx: Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff
Herdman, Council Member Kevin Muldoon
Invocation - Council Member Dixon
Pledge of Allegiance - Mayor O'Neill
III. CURRENT BUSINESS
1. Emergency Ordinance No. 2020-002: Closing the City Controlled Beaches; Resolution
No. 2020-40: Creating an Ad Hoc Committee to Support Local Business; and Resolution
No. 2020-41: Supporting the County of Orange Board of Supervisors' Efforts to Re -Open
Commercial Business I Id
Mayor O'Neill advised that Council would first address Resolution Nos. 2020-40 and 2020-41, and
provided details on the proposed Ad Hoc Committee to Support Local Business.
Mayor O'Neill utilized a presentation to indicate the concerns and effects of COVID-19 and assured
residents that Council will act in the City's best interests. He discussed research and interviews
with Hoag Hospital physicians, including Dr. Michael Brandt- Zawadski s, and provided crisis phone
numbers to the public. He shared aerial photos of beachgoers, as provided by Newport Beach Police
personnel, agreed that beachgoers were not social distancing, reported Orange County communities
with closed beaches have a higher per capita number of confirmed cases of COVID-19 than
communities with ojg n beaches, reviewed the California Coastal Commission standard for closing
coastal areas, disd a map of Council districts where he suspected residents would go to recreate
if beaches wereklosed, read Governor Newsom's April 27, 2020 comments and advice from the
California State Parks, and stated Council is actively researching issues, listening to residents, and
looking at both long-term and short-term solutions that are in the best interest of the community's
health. He noted his support in maintaining open space access and keeping beaches open, believed
education and enforcement should be increased, and thanked residents for the trust they have
bestowed upon Council.
Council Member Dixon thanked the Mayor for his comments and residents for contacting Council
with their comments and/or concerns. She indicated that Council and City staff are working hard to
protect and provide opportunities for residents to enjoy the City's open spaces. She believed there is
agreement that last weekend's beach experience showed disregard for the stay-at-home and social
distancing directives, advised that the challenge is to create a plan of action to decrease beachgoers
and increase safety, and noted the community safety plan for July 4th, which may be a foundation
for safety planning during the COVID-19 pandemic.
City Manager Leung acknowledged the comments provided from members of the public and stated
the paramount interest of the City is to ensure the safety of the community and residents. She added
that, if beaches were to remain open, staff is prepared to increase their presence to actively manage
the flow of traffic, parking, and pedestrian safety.
Police Chief Lewis proposed a model similar to the plan for July 4th in West Newport with an
emphasis on neighborhood safety, indicated the plan works successfully with the cooperation of the
Police, Public Works and Fire Departments, and utilized a presentation to explain enhanced Police
Department staffing to address concerns on the Peninsula.
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City of Newport Beach
Special Meeting
April 28, 2020
Fire Chief Boyles used a presentation to provide a lifeguard staffing overview.
Public Works Director Webb utilized a presentation to discuss City parking lot closures, visitor
parking limits, lawn area closures, one-way walking direction signage, staff efforts in Cameo Shores,
and Oceanfront boardwalk and Balboa Island Bayfront boardwalk closures.
Mayor O'Neill reiterated that this would be the proposed plan if beaches were to remain open.
Council Member Dixon discussed the deployment of safety personnel on many street corners and
expressed her concern with traffic safety measures in residential areas. She expressed her desire to
see expanded safety personnel present to manage crowds at G, L, and M Streets and West Jetty
Park.
In response to Council Member Dixon's question, Police Chief Lewis reported that officers and
special teams are tasked with managing social distancing on sidewalks and assured there will be a
significant police presence on the Peninsula and a significant feguard presence on the beach.
Council Member Brenner expressed the need for contin rances from police personnel and
noted a health concern for their increased exposure to s, while enforcing and educating
the public.
In response to Council Member Brenner's questions, Police Chief Leis reported the need for having
police officers on the beach, potential additional staffing resources, and confirmed that the Police
Department will support the efforts of the Public Works and Fire Departments.
In response to Council Member Dixon's questions, PublJF
ic Works Director Webb indicated Police
Department teams are placed in beach access areas to regulate crowds and parking, nine adjustable
electronic message signs will indicated that there is no beach parking and ask that visitors stay
home, the Police Department's physical presence will assist with traffic, and the Public Information
Officer will communicate pertinent information to the media.
Council Member Br ner expressed hAMW
er concern with individuals who may not follow the news and
believed signage Ad Police Department presence have to be much greater in enforcing closures in
order to mitigat1Wotential crowds
Council Member Multoon commended staff for setting up the meeting and safety personnel for their
hard work, noted experts at Hoag Hospital have stated the curve has flattened in Orange County,
advised that safety personnel have not seen an increase in cases, believed American citizens are
responsible, and expressed the need to talk about hope, opening businesses, and moving forward.
In response to Council Member Muldoon's questions, Fire Chief Boyles discussed the latest reported
analysis of the COVID-19 situation Countywide, including the day's counts, as reported by the
County of Orange; discussed the high morale amongst safety personnel and the enhanced
precautions; stated that there are no reported symptomatic Fire Department personnel; reviewed
aerial photos of beaches at 24th and 36th Streets taken on April 25, and the beachgoers practicing
social distancing and being civil; and reviewed State and County guidelines for opening playground
equipment and Governor Newsom's stages for opening additional facilities.
Council Member Muldoon indicated beachgoers were practicing social distancing and civility
without enforcement, and believed the press accounts were not accurate. He thanked the Police and
Fire Chiefs for their staff and objectiveness and noted that Council cannot direct first responders'
actions. He suggested opening up parking lots on the Peninsula to prevent visitors from going into
residential areas and believed parks should continue to stay open. He commented on fundamental
rights, advised that he has communicated to the County and State the desire to move toward
opening businesses, thanked Hoag Hospital, medical providers, and those on the frontline, and
expressed condolences to the families of the individuals who succumbed from the COVID-19 virus.
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April 28, 2020
Council Member Herdman noted Governor Newsom mentioned that last weekend's events were
counterproductive and believed that the City needs to improve their plan. He believed closing the
beaches for the next three weekends would save staff time, resources, and would not place staff in
jeopardy of increased virus exposure. He expressed concern that, if beaches do not close, the influx
of visitors will prevent residents from using facilities for exercise and noted that open beaches are
not the sole solution to preventing mental health issues.
Jim Mosher observed that the discussion of the community and safety deployment plan is different
than what was on the agenda, expressed concern that the ad hoc committee would be holding
non-public meetings and discussed its relationship to the existing business advancement committee,
and questioned the business reopening committee being composed of Council Members rather than
those in the business sector.
Theresa Hernandez indicated most people have followed the Governor's request to stay-at-home,
but Council has control over parks, beaches, and trails, and expressed her support for keeping the
beaches and parking lots open to the public.
Mr. Benson expressed his opinion on the economic anal impacts due to the COVID-19
pandemic and stay-at-home order.
Janet Frasier suggested that Council either open the parking lots so people are not walking through
the neighborhoods or close the beaches, andbelieved the economy needs to open and get people back
to work.
Noah Blum quoted Benjamin Franklin reding giving up liberties for a little safety and read his
letter to Council regarding an economic collapse, opening beaches, and defining liberty for Newport
Beach.
Brian referenced Dr. Anthony Fauci's'advice and noted the inconsistency in reported number of
cases.
Beth Cobb questior44 the Police Department's ability to control beach -related traffic and believed
the health of the community and nation should be taken into consideration.
Lorne Morris questioned the closing of the beach restroom facilities and expressed concern for
subjecting public employees to cleaning those restrooms.
Mary Fitzgerald appre�Eed people staying at home, expressed her opinion about the traffic in
Corona del Mar, and suggested waiting to open the beaches.
Chris Neilson appreciated Mayor O'Neill's and Council Member Muldoon's comments, found Council
Member Brenner's perceived eye -rolling offensive, and hoped Council would reconsider the short-
term lodging ordinance.
Buzz agreed with Council Member Herdman's comments and asked that Council consider limiting
the hours the beaches are open, noting that enforcement might be difficult.
Mike Este related annual deaths in Orange County for various diseases, questioned closing the
entire economy for 39 deaths, and recommended not closing the beaches.
An unidentified speaker stated that 10-17% of people are asymptomatic, there is not enough data
available to understand the virus, and believed that having the beaches remain open encourages
visitors to come to the City.
An unidentified speaker agreed with the previous speaker and supported the closing of the beaches
to prohibit an influx of visitors into the City.
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City of Newport Beach
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Kevin Roberts believed people coming to the beach with no open facilities is horrendous, it is unfair
to residents, and Council should open everything or close it all.
An unidentified speaker believed that the newspaper photos were accurate, suggested Council adopt
what San Clemente has done, and stated Council will be held accountable.
Cathy expressed safety concerns with beachgoers not wearing face coverings and walking into her
yard.
Casey Dorman favored closing beaches and asked if the Council's goal is to reduce the number of
people on the beach and, if so, what types of measures will Council use to see if their actions were
effective.
Joyce Novak thanked everyone, was saddened by Governor Newsom showing fake photos as a ploy
to close the beaches, and believed businesses should open as soon as possible.
Lisa Johnson urged Council to close the beaches and belie$uncil's priority should be to protect
the well-being of the citizens.
Carl Chicka attested to the traffic conditions of the past weekend and proposed limiting or closing
the beaches from 10:00 a.m. to 5:00 p.m. on Saturdays and Sundays for the next three weekends.
Cheryl Johnson expressed her opinion about the large crowds, the danger of not being able to adhere
to social distancing guidelines, and requested an action plan.
An unidentified speaker believed that Council should either close it all down or open everything,
including businesses, and thanked Council for caring for the residents.
AW
Brian Schumer agreed that we are in unprecedented times and supported opening parking lots
because he believed it spreads people out naturally.
i
An unidentified spe er believed it is disingenuous to consider only closing or opening beaches, and
suggested closin� e streets to people coming into the City but not closing beaches to residents.
Cathy Coops thanked Mayor O'Neill and Council Member Herdman for responding to her emails
and Council for helping residents stay safe, expressed support for closing the beaches but opening
parks, tennis courts, and pickleball courts, and encouraged Council to have a protocol ready when
businesses re -open.
James believed beaches should be open because of its therapeutic and recreational benefits.
Micky Murphy stated, if Council does not close the beaches, they are not listening to the wants of
Newport Beach residents.
Abusinessman believed it is not unpatriotic to ask people to shelter in place a little longer, indicated
potential effects of making a wrong decision, and believed that Council Member Muldoon is not
forthright and honest.
Council Member Muldoon stated he is not playing games. He stated the referenced photo was taken
at Corona del Mar State Beach, and the Police Chief testified that beach attendees were socially
distancing. He further stated that the angle of the newspaper photo was probably not intentionally
misleading, however, to publicize it as fact was premature.
Frank expressed his concern for family and friends who are business owners and asked Council to
consider opening businesses up as data does not support a full shutdown. He asked that Council
trust businesses to make the right decisions and use safety measures.
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Special Meeting
April 28, 2020
Scott requested Council keep beaches open and put businesses back on track as soon as possible.
Randy Duarte expressed concerns with groups gathering which prevents his family access to
exercise and leave home while feeling safe, and suggested Council close the beaches or close the
roadways to the beaches.
Carmen Rawson discussed the need for a mandate to wear face coverings outside and believed more
data is needed to make an intelligent decision.
Peter thanked everyone for listening to the comments and for all their help, indicated that keeping
beaches open encourages people to come to Newport Beach, questioned exposing residents, police
officers, and staff to risk, and inquired if Council researched the cost of deploying extra police.
Lisa Cassell believed the closing of beaches is vital to health and safety of citizens.
An unidentified speaker hoped the beaches stay open ecommended reopening restroom
facilities.
Council Member Brenner expressed support for the formation of a reopening committee and
indicated she would send Governor Newsom a note stating peoplould be safer at their jobs than
on Ocean Boulevard.
L
Motion by Council Member O'Neill, seconded by Council Member Muldoon, to a) find this
action exempt from the California Environmental Quality Act (CEQA') pursuant to Section
15269(c) (the activity is necessary to prevent or mitigate an emergency), Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly; and b) adopt
Resolution No. 2020-40, A Resolution of the City Council of the City of Newport Beach, California,
Creating an Ad Hoc Committee to Address Commercial Re -Opening and Business Advancement in
Response to COVIDA09 Closures.
The motion catried unanimously.
Motion by Council Member Dixon, seconded by Council Member Muldoon, to a) find this
action exempt from the California Environmental Quality Act (`CEQA') pursuant to Section
15269(c) (the activity is necessary to prevent or mitigate an emergency), Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly; and b) adopt
Resolution No. 2020-41, A Resolution of the City Council of the City of Newport Beach, California,
Supporting the Orange County Board of Supervisors' Efforts to Address Commercial Re -Openings in
Response to COVID-19 Closures.
Council Member Muldoon stated his understanding of residents' fears and expressed his concern for
the community if the economy does not open soon.
The motion carried unanimously.
Motion by Council Member Muldoon, seconded by Council Member Duffield to not adopt
Emergency Ordinance No. 2020-002, An Emergency Ordinance of the City Council of the City of
Newport Beach, California, Closing City Controlled Beaches in the City of Newport Beach on May 2,
3, 9, 10, 16 and 19, 2020.
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City of Newport Beach
Special Meeting
April 28, 2020
Council Member Brenner reported that her district is getting inundated by traffic and she is
concerned with the available manpower to manage the problems.
Substitute motion by Council Member Brenner, seconded by Council Member Dixon, to
make beaches available for active use only.
Council Member Brenner noted the importance of continuing to be vigilant and expressed her
support for people returning to work with safety measures.
Council Member Herdman stated that businesses should open slowly and responsibly, and he
supports the substitute motion.
Council Member Muldoon discussed the issue not as a temporary inconvenience or an unwillingness
to sacrifice, but as saving the economy and the right to be free of oppression. He noted the advice
received from Hoag Hospital experts.
In response to Council questions, City Manager Leung reported that San Clemente opened its
beaches the past weekend with a regulation for active us(, but enforcement was challenging.
Council Member Dixon believed, based on staffs ents, the alternate motion may not be a
feasible plan. Council Member Herdman indicate he could not support the substitute motion
either after listening to everything. W W
Substitute motion by Council Member Brenner to keep beaches open until 10 a.m. for active
recreation and then close the beaches after that.
The substitute motion failed for lack of a seconJO
In response to Council MemDixon's question, City Attorney Harp advised that, if the proposed
enforcement plan is to take Act, it would be a direction from Council, hearing no other direction.
If the beaches remain open, the consensus would be to move forward on that front.
le
In response to Copncil Member Herdman's question, Mayor O'Neill clarified that, if the motion fails,
a Council MemLf
btr may move to close Fbeaches for the next three weekends.
With Council Members Herdman and Brenner voting"no", the original motion by Council
Member Muldoon ay*econded by Council Member Duffield carried 5-2.
IV. PUBLIC COMMENTS ON NON -AGENDA ITEMS - None
V. ADJOURNMENT - 6:48 p.m.
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 27,
2020, at 2:20 p.m.
Leilani I. Brown
City Clerk
Will O'Neill
Mayor
Volume 64 - Page 370
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 28, 2020
I. ROLL CALL - 6:52 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
II. PUBLIC COMMENTS
Valerie Johnson explained the possible cause for the difference in beach photos used by Police Chief
Lewis and Governor Newsom, expressed support for the proposal to only allow active uses on the beach,
and urged Council to open parking lots and restrooms.
An unidentified speaker encouraged people to support local businesses and favored restricting certain
beach activities or limiting surfing to local residents and those from surrounding cities.
An unidentified speaker expressed disappointment with the vote on closing beaches and suggested
enforcement of face coverings.
An unidentified speaker asked if Council would regulate parking. Mayor O'Neill indicated the City's
website lists where parking is not enforced.
City Attorney Harp reported that Council would adjourn to Closed Session to discuss the item listed in
the Closed Session agenda and read the title.
III. CLOSED SESSION - moved to the enH of meeting
IM9419101WDIHD1010DLVA0M00N"RIO I[41fl11069DII
EXISTING LITIGATION
(Government Code § 54956.9(d�: 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 - 6:59 p.m.
V. RECONVENED AT 7:14 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present Mayor Will O'Neill, Mayor Pro
via WebEx: Member Diane Dixon, Council
Council Member Kevin Muldoon
VII. CLOSED SESSION REPORT - None
VIII. INVOCATION - Council Member Avery
Tem Brad Avery, Council Member Joy Brenner, Council
Member Duffy Duffield, Council Member Jeff Herdman,
IN. PLEDGE OF ALLEGIANCE - Council Member Brenner
X. NOTICE TO THE PUBLIC
Volume 64 - Page 371
City of Newport Beach
Regular Meeting
April 28, 2020
XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
Council Member Herdman:
• Announced he attended the Short -Term Lodging Ad Hoc Committee meetings via teleconference
Council Member Muldoon:
• Announced he has spent time with family and his neighborhood, is practicing social distancing,
and is ready to get back to business
Council Member Dixon:
• Announced the May 6 deadline to apply for vacant Board and Commission seats
Council Member Brenner:
Attended Short -Term Lodging Ad Hoc Committee meetings, waste recycling meetings, and
Finance Committee meetings with Mayor O'Neill and Council Member Dixon; a meeting with
the historic preservation committee of the Corona del Mar Residents' Association (CdMRA); a
meeting via Zoom of the CdMRA Board of Directors with Mayor O'Neill; and a meeting via Zoom
with two students from Sage Hill High School A&
Announced she distributed masks at OASIS Senior Center
Discussed activities in her district and students' sidewalk art tkt shares positive messages in
light of the pandemic
Council Member Duffield: 40
• Announced he has been working on Har or issues with staff
Mayor Pro Tem Avery:
• Commended Utilities personnel for fixing the water main at Tustin Avenue and Holly Lane, as
well as, Public Works personnel for connecting sidewalks near Laurel Place, Holly Lane, and
Margaret Drive
Mayor O'Neill:
• Attended San Joaquin Hills Transportation Corridor Agency (TCA) board meetings
XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
re
• Consideration of Forming a Business Reopening Committee [O'Neill]
Mayor O'Neill withdrew his request due to Council's adoption of Resolution No. 2020-40 during the
special meeting.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher believed there is no reason for the introduction of Ordinance No. 2020-13 (Item 3) and
believed Council could act on the resolution without changing the Municipal Code.
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 3, 2020 Special Meeting and April 14, 2020 City Council Meeting
[100-20201
Waive reading of subject minutes, approve as amended, and order filed.
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City of Newport Beach
Regular Meeting
April 28, 2020
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
C/].11]AgE WY1IDl �I].l AWY.LI]I1�1IIY[IAq
3. Ordinance No. 2020-13: Amending Section 6.04.170 Prohibiting Commercial Properties
and Businesses from Disposing of Solid Waste in Public Waste Containers [100-2020]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Introduce Ordinance No. 2020-13, An Ordinance of the City Council of the City of NewportBeach,
California, Amending Section 6.04.170 of Chapter 6.04 of Title 6 of the Newport Beach Municipal
Code Pertaining to the Commercial Use of Public Solid Waste, Recyclable Material or Divertible
Material Containers /Bins, and pass to second reading on May 12, 2020.
ORDINANCES FOR ADOPTION
4. Ordinance Nos. 2020-11 and 2020-12: Adoption of Ordinances to Amend Setback Map
S-lA (PA2019-216) [100-2020]
a) Find this project categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the
CEQA Guidelines, because it has no potential to have a significant effect on the environment;
b) Conduct second reading and adopt Oce No. 2020-11, An Ordinance of the City Council of
the City of Newport Beach, California opting Zoning Code Amendment No. CA2019-008 to
Amend Setback Map S - IA- West Newport as Set Forth in Section 20.80.040 (Setback Maps) of
Title 20 (Planning and Zoning) of the Newport Beach Municipal Code Applicable to the Property
Located at 650116503 Seas ore Drive (PA2019-216); and
c) Conduct second reading afd adopt Ordinance No. 2020-12, An Ordinance of the City Council of
the City of Newport Beach, California, Adopting Local Coastal Program Amendment
No. LC2019-007 to end Setback Map S -IA - West Newport as Set Forth in Section 21.80.040
(Setback Maps) 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Cole Applicable to the Property Located at 650116503 Seashore Drive (PA2019-216).
CONTRACTS AND AGREEMENTS
5. Water Transmission Main Valve Replacement - Notice of Completion for Contract
No. 7539-1 (18W12) [38/100-2020]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On May 28, 2019, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
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 the Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
6. Three Year Software License Agreement for Microsoft (C-8636-1) [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; and
b) Authorize the Mayor and City Clerk to execute a Software License Agreement with Dell Inc. for
a three-year period for all Microsoft products in the amount of $160,461.60 per year.
Motion by Mavor Pro Tem Averv, seconded by Council Member Brenner, to approve the
Consent Calendar; and noting the amendments to Item 1.
The motion carried unanimously.
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Regular Meeting
April 28, 2020
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Scott Carpenter commended Council on its beach closure vote and indicated that the projected
occupancy rate for short-term lodging in Newport Beach is 14% through May 15.
An unidentified speaker inquired about the date the Balboa Island boardwalk will reopen and expressed
concerns about the dangers of pedestrians walking in the streets due to the related closure.
Charles Klobe believed the audio and video quality of last week's Council meeting were better than
tonight's, noted the School Board has not yet considered the Ensign Intermediate School project, and
stated that the link to public correspondence for Item 9 on the City's website is broken.
XVII. PUBLIC HEARINGS
9. Resolution No. 2020-33: Appeal of Planning Commission Approval for The Garden Office
and Parking Structure Proposed at 215 Riverside Avenue (PA2019-023) (Continued from
the March 24, 2020 City Council Meeting) [100-2020]
Community Development Director Jurjis referenced a presentation and detailed the vicinity map,
project plans, Planning Commission approval and conditions, reasons for appeal, public notice and
traffic analysis, geotechnical feasibility, use of a photometric study to determine lighting impacts,
compliance with Municipal Code standards for noise and the General Plan, California
Environmental Quality Act (CEQA) CIA 32 Exemption and piecemealing, noted there would be no
impacts to the oak tree on Cliff Drive, discussed proposed modifications to Conditions of Approval
Nos. 61 (additional trellis), 62 (lighting turn-off time), and 63 (roof deck closure time), and the
addition of Conditions of Approval Nos. 65 (City Arborist review of plans) and 66 (arborist
observance of construction), reviewed staff recommendations, and noted that the revised conditions
of approval were distributed. .
In response to Council Member questions ommunity Development Director Jurjis indicated the
parking structure in the project at Dover Drive and Pacific Coast Highway is covered, discussed a
10:00 P.M. closi time for the structure, noted the difficulty in enforcing a motorcycle prohibition,
reported that aJoise study found no additional mitigation measures or conditions are needed for
the upper deck, and confirmed that the project complies with land use, zoning, and design
requirements. e
Scott Laidlaw, architect and Applicant, advised that the proposed plan conforms to the General Plan
and stated that the existing 8,000 -square -foot commercial building will be reduced in size to 2,750
square feet. He utilized a presentation to display a rendering of the project, landscaping
enhancements, and existing and proposed views of the site and of the existing oak tree location.
Susan Hori, counsel for Applicant, reviewed community outreach, noted a 50 -page CEQA analysis
and an arborist report were provided, discussed inaccuracies therein, confirmed that the project will
not impact the wetland or the existing oak tree, and indicated the project would not have any
significant impacts to traffic, noise, air or water quality.
In response to Mayor Pro Tem Avery's questions, Mr. Laidlaw stated that the new building will have
20 parking spaces on the lower level and 21 on the upper level to accommodate the rear trellis.
Ms. Hon added that the parking structure will be available to other entities through private
arrangements.
Aaron Ehrlich, Appellants' counsel, utilized a presentation to display where the four Appellants
reside in relation to the project and discussed their request to have the project reduced so it is
consistent with the surrounding area.
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April 28, 2020
Due to technical difficulties, Mayor O'Neill recessed the meeting at 8.54 p.m. and
reconvened at 8:56 p.m. with all members of the City Council in attendance.
Mr. Ehrlich continued his presentation, stating both the Applicant's projects are related and should
be considered at the same time, discussed issues with the consistency of the Coastal Development
Permit, stated reasons the project requires discretionary approval, a conditional use permit, and
conditions of approval, and reported on requirements contained in the Appellants' easement, if
further CEQA review does not occur. He further presented non-negotiable starting points for
additional conditions of approval, including erecting solid walls with no voids for the portions of the
project that back up to the Appellants' homes, installing a roof or complete covering over the upper
level of the structure, developing an appropriate aesthetic design that addresses light, noise and
glare if the covering is other than a conventional roof, requiring a limit on the number of cars allowed
to park on the upper level to equal the number of spaces available, prohibiting motorcycles on the
upper level, and requiring that the upper level can only be used only for parking.
Hal Woods, Appellant commended the Applicant's attention to detail and respect for the neighbors'
quality of life, safety and property rights, and stated tl he could support the project if the
conditions outlined by Mr. Ehrlich are included.
Ernie Castro, Appellant, expressed disappointment that the hearing was not postponed due to the
Coronavirus, believed the project should only require 15 ground parking spaces, the parking
structure would serve restaurant patrons late into the evening, and did not believe other parking
structures have been approved in close proximity to residential properties.
1
Due to technical difficulties, Mayor O'Neill recessed the meeting at 9:19 p.m. and
reconvened at 9:21 p.m. with all members of the City Council in attendance.
In response to Mayor O'Neill's question, City Attorney Harp indicated the technical issues could
result in a due process argument because someone may not have heard everything that was said.
He stated that it might be best to continue the item. Mayor O'Neill apologized for the technical
issues.
to continue the item to the
May 12, 2020 City Council meeting.
The motion carried unanimously.
Mayor O'Neill recessed the meeting and 9:26 p.m. and reconvened the meeting at 9:38 p.m.
City Clerk Brown took roll call, as follows:
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
Mayor O'Neill recommended continuing Items 10 and 14 due to the technical issues that have been
occurring during the meeting.
10. Ordinance No. 2020-14: Terminating Non -Exclusive Commercial Solid Waste Franchises
[241100-2020]
Motion by Mavor O'Neill, seconded by Council Member Herdman, to continue Item 10 to the
May 12, 2020 City Council meeting.
Jim Mosher inquired about the public hearing on granting a solid waste franchise under a new
agreement, as Council previously adopted a resolution indicating the hearing would be tonight.
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XVIII.
The motion carried unanimously.
11. Resolution No. 2020-39: Authorization to Issue Obligations by the California Municipal
Finance Authority to Benefit Harbor Day School Project [100-2020]
In response to Council Member Dixon's question, Finance Director Matusiewicz reported the item
does not represent an obligation for the City, and explained that this is an opportunity for an entity
to utilize tax exempt bonds.
Mayor O'Neill opened the public hearing.
Jim Mosher expressed opposition to the item, believed the tax-exempt status should be reserved for
City uses, and expressed the opinion that granting this to private investors could jeopardize the
City's ability to use the tax-exempt status.
Paul Casey, member of the Harbor Day School Board of Trustees, discussed the proposed use of
funds and access to financing, and requested approval.
Charles Flobe believed communicating with Council via teleconference is difficult for him since
there is no reciprocity.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
Motion by Mavor 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 this action will not result in a physical change to
the environment, directly or indirectly. Alternatively, find the approval of this resolution is not a
project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a
significant effect on the environment; and b) adopt Resolution No. 2020-39, AResolution of the City
Council of the City of Newport Beach, California, Approving the Making of One or More Loans in a
Principal Amount Not to Exceed $55,000,000 for the Purpose of Financing the Costs of Certain
Improvements to a School Commonly Known as Harbor Day School and Certain Other Matters
Relating Thereto, to provide for the financing of the Harbor Day School construction project in
satisfaction of the requirements of TEFRA, Internal Revenue Code of 1986 and the California
Government Code Section 6500.
With Council Member Muldoon voting "no," the motion carried 6-1
12. Approval of a Service Agreement for Street Sweeping Services with Jonset Corporation
dba Sunset Property Services (C-8637-1) [38/100-2019]
Utilities Director Vukojevic utilized a presentation to discuss the request for proposals, staff's
recommendation, the budget impacts, and on -boarding and transitioning to Sunset Property Services.
In response to Council questions, Utilities Director Vukojevic indicated staff sought assurances from
the contractor that they can deliver service at the provided price, noted that their pricing is
reasonably lower in comparison to those charged in other cities, stated that the plan is to keep all
residential routes the same and transition slowly so the only differences to residents will be the trucks
and the company, advised that the existing machines used by Athens Services are adequate but are
10 years old, reported that the City will have 2021 sweepers with the new contract that are powered
by Compressed Natural Gas (CNG), thus reducing noise, explained the timing for street sweeping,
coordination with the Police Department for enforcement and traffic control, and noted that 40% of
the City is posted for street sweeping.
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Andrea Howhannesian, Sunset Property Services, introduced the company and discussed its
background and on -boarding with the City.
Gary Clifford, Athens Services, stated they are the current street sweeping company, asked Council
to reconsider the recommendation and award the contract to Athens Services, noted they received
the highest technical score of all the bidders, and expressed his skepticism that a company could
perform well for $700,000 per year.
Jeff Newman expressed his desire for keeping the same street sweeping schedule.
Charles Klobe believed the delta between Athens Services' original $500,000 contract warrants
discussion and suggested staff explore different contract terms before awarding the contract.
In response to Council questions, Utilities Director Vukojevic advised that staff met with Sunset
Property Services twice, called all their references, and compared pricing of other cities; reported that
the current service costs about $14 per mile while the new price will be $19 per mile; indicated other
cities pay $14-$24 per mile, confirmed that staff is confident with the recommendation; discussed the
technical scores, and stated that if a bidder did not have a high enough technical score, the bid was
not considered.
Motion by Mavor Pro Tem Averv, 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 this action will not result in a physical
change to the environment, directly or indirectly; and b) approve the Services Agreement with Sunset
Corporation dba Sunset Property ServicA for street sweeping services for a ten-year term with the
first year annual not -to -exceed amount of $775,000 and a total not -to -exceed amount of $8,885,000
over the ten-year agreement, and authorize the Mayor and City Clerk to execute the Agreement.
The motion carried unanimously.
13. COVID-19 Pandemic Estimated Financial Impact on City Revenue and Recommended
FY 2019-20 Budget Amendment [100-2019]
Finance Director Matusiewicz utilized a presentation to provide an overview of financial impacts and
a city comparisfs of the top three revenue sources.
In response to Council Member Muldoon's questions, Finance Director Matusiewicz indicated 60% of
Anaheim's revenues are based on Transient Occupancy Tax (TOT) and sales tax, and Costa Mesa's
revenues are tied to sales tax. He discussed Newport Beach's sales tax revenue, noted that
restaurants are seeing a 45%-75% reduction in revenues, and staff presumes the City will see only
5% of the tax revenues it normally receives from hotels.
Mayor O'Neill expressed his opinion that Proposition 13 protects many cities during various cycles of
the economy.
Finance Director Matusiewicz continued his presentation, discussing General Fund revenues and a
Fiscal Year (FY) 2019-20 summary.
Council Member Muldoon commended City Manager Leung for her leadership in reducing
expenditures.
Finance Director Matusiewicz highlighted the FY 2020-21 revenue reductions and budget balancing
readiness.
Council Member Muldoon believed a large part of using contingency reserves, as needed, could be
filled by development agreements, explained the City's discretionary pension funding, and indicated
service level cuts are paid for by the ability to open businesses cautiously and draft a plan to revive
the economy.
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Mayor O'Neill recommended a look at the Finance Committee presentation for in-depth information,
noted that deferring capital funding and spending will be reviewed with the Capital Improvement
Program (CIP) (Item 14), and stated the more the City can save, less will be removed from the pension
fund.
Finance Director Matusiewicz continued the presentation with a discussion of deferred capital
funding and spending, reduced capital funding of $16.9 million, and General Fund savings.
City Manager Leung referenced the presentation to review grant funding programs, detailed
community and human services grants, special event support, cultural arts grants, and signature
events. She requested Council direction regarding continuing with the current funding amounts or
adjusting them, and reviewed the budget process timeline.
Mayor O'Neill recommended decreasing community and human service grants by $20,000. Council
Member Muldoon concurred and suggested elimination of the Balboa Island Museum & Historical
Society grant. Council Member Dixon supported giving thety Manager direction to reduce the
allocation for community and human service grants by $20 Council Member Brenner expressed
concern about reducing the grants when the communi fering. Mayor O'Neill clarified his
recommendation and the ability to amend the budget inscal year.
A straw poll vote of 7-0 supported Mayor O'Neill's recommendation.
Mayor O'Neill recommended decreasing special event support to $45,000 due to the likelihood of event
cancellations.
A straw poll vote of 7-0 supported May commendation.
Mayor O'Neill recommended reducing cultural arts grants by $10,000.
A straw poll vote of 7-0 supported Mayor O'Neill's recommendation.
Mayor O'Neill recommended maintaining the signature events allocation.
A straw poll vote of 7-0 supported Mayor O'Neill's recommendation.
Jim Mosher suggested eliminating Council's discretionary grants next year, noted the Transient
Occupancy Tax is both a revenue and an expense, and inquired about direction to Visit Newport
Beach.
Motion by Mavor O'Neill, seconded by Council Member Muldoon, 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) approve Budget Amendment No. 20-044 changing
certain budgeted revenue and expenditure estimates for FY 2019-20.
The motion carried unanimously.
14. Review of the Adopted Fiscal Year 2019-20 Capital Improvement Program (CIP) Budget
[100-20191
Motion by Mavor O'Neill, seconded by Council Member Muldoon, to continue the item to the
May 12, 2020 City Council meeting.
The motion carried unanimously.
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15. Novel Coronavirus (COVID-19) Update [100-2019] -None
III. CLOSED SESSION
Without objection, Mayor O'Neill suggested discussing the Closed Session item at the May 12, 2020 City
Council meeting.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 10:59 p.m.
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 23,
2020, at 4:00 p.m.
Leilani I. Brown
City Clerk
Ida
Will O'Neill
Mayor
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