HomeMy WebLinkAbout01 - Minutes - AmendedMay 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 lled Beaches; Resolution
No. 2020-40: Creating an Ad Hoc Committee to Support siness; and Resolution
No. 2020-41: Supporting the County of Orange Boar JW Super ors' Efforts to Re -Open
Commercial Business 10
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 some 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 open beaches, reviewed the California Coastal Commission standard for
closing coastal areas, displayed a map of Council districts where he suspected residents would go to
recreate if beaches were closed, 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 lifeguard presence on the beach.
Council Member Brenner expressed the need for continued assurances from police personnel and
noted a health concern for their increased exposure to large crowds, wl •le enforcing and educating
the public. 4
In response to Council Member Brenner's questions Police Lewis 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, Public Works Director Webb indicated Police
Department teams are placed in beach access areas to regulate crowds and parking, nine adjustable
electronic message signs will indicate at there is no beach parking and ask that visitors stay
home, the Police Department's physica presence will assist with traffic, and the Public Information
Officer will communicate pertinent information to the media.
Council Member Brenner expressed her cjoncern with individuals who may not follow the news and
believed signage and Police Department presence have to be much greater in enforcing closures in
order to mitigate potential crowds.
Council Member Muldoon 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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City of Newport Beach
Special Meeting
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 and political impacts due to the COVID-19
pandemic and stay-at-home order. J
Janet Frasier suggested that Council either open tIO parking lots Reople are not walking through
the neighborhoods or close the beaches, and believed the economy needs to open and get people back
to work.
Noah Blum quoted Benjamin Franklin regarding giving 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'e and noted the inconsistency in reported number of
cases. �1
Beth Cobb questioned the Police Department's ability to control beach -related traffic and believed
the health of the ctr( unity and nation should be taken into consideration.
Louie Morris qued the closing of the beach restroom facilities and expressed concern for
subject ng public yees to cleaning those restrooms.
Mary Fitzgerald apFWiated 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
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 leaveing 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 and ommended reopening restroom
facilities.
Council Member Brenner expressed support for the formation of a preopening committee and
indicated she would send Governor Newsom a note stating people would be safer at their jobs than
on Ocean Boulevard. A
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 reponably 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 COWD-19 Closi,cres.
The motion carrounanimyxsly.
Motion by Council Memb(Fr 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 COWD-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
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 CommissionA royal for The Garden Office
and Parking Structure Proposed at 215 Riverside Avenue (1112019-023) (Continued from
the March 24, 2020 City Council Meeting) [100-2020] 0
Community Development Director Jurjis referenced a pre**tation 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) Class 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
AL of approval were distributed.
In response to Council Member questions, Community 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. closing time for the structure, noted the difficulty in enforcing a motorcycle prohibition,
reported that a noise 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.
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 20� on the upper level to accommodate the rear trellis.
Ms. Hori 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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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 4n4y-for parking.
Hal Woods, Appellant commended the Applicant's attention to &ail and respect for the neighbors'
quality of life, safety and property rights, and stated that h ould 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.
M
Due to technical difficulties, Mayor O'Neill recell ed the meeting at 9:19 p.m. and
reconvened at 9:21 p.m. with all member of the City Council in attendance.
In response to Mayor O'Neill's questicA.-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 tcpontinue the item. Mayor O'Neill apologized for the technical
issues.
Motion by Mavor O'Neill, seconded by Council Member Brenner, to continue the item to the
May 12, 2020 City Council meeting.
The motion carried unanimously.
Mayor O'Neill recespd 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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