HomeMy WebLinkAbout05/12/2020 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 12, 2020
I. ROLL CALL — 4:00 p.m
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
II. INVOCATION — Mayor O'Neill
III. PLEDGE OF ALLEGIANCE — Council Member Duffield
IV. NOTICE TO THE PUBLIC
V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Dixon:
• Announced she joined many of the Council Members, who supported the procession for Detective
Jon Jarema as it drove from Hoag Hospital to Pacific View Memorial Park
Council Member Muldoon:
• Announced the Ad Hoc Committee to Reopen Businesses, composed of Mayor O'Neill, Council
Member Dixon and himself, have met to discuss regulations for businesses to reopen; he and his
family watched the procession for Detective Jarema and appreciated the solidarity shown by other
police departments
• Referenced an ABC 7 video which highlights Newport Beach American Legion Post 291's food
takeout and encouraged residents' support
Council Member Brenner:
• Provided an update on the Homeless Ad Hoc Committee meeting
Mayor Pro Tem Avery:
• Attended the Operations Committee meeting of the Orange County Sanitation District last month
• Viewed Detective Jarema's procession from the Balboa Bay Resort
Mayor O'Neill:
• Referenced a Power Point slide to announce that special event and community program grant
opportunities are open
• Announced Council will resolve conflicts so that restaurants with outdoor patios may reopen
VI. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Dixon, addressing Item No. 10, Underground Utility Assessment District No. 117,
commended District residents, Patti Gorczyca, and the Public Works department.
Council Member Muldoon recused himself from Item No. 10, Underground Utility Assessment District
No. 117, due to a business conflict. He stated he would vote "no" on Item No. 11, Bonita Canyon Drive
and Ford Road Pavement Rehabilitation, unless other Council Members continue or remove it from the
Consent Calendar. He further stated he would vote "no" on Item No. 12, Community Room Audio -Visual
Improvements, because he believed the improvements are not necessary.
Jim Mosher believed the Harbor Commission had not reviewed the language proposed in Item No. 7, an
Amendment to the City Charter, and requested clarification.
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VII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 28, 2020 Special Meeting and April 28, 2020 City Council Meeting
[100-2020]
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.
ORDINANCES FOR ADOPTION
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) Conduct second reading and adopt Ordinance No. 2020-13, An Ordinance of the City Council of
the City of Newport Beach, 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.
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2020-42: Increase of On -Street Parking Time Limit on Bayview Way [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.
b) Adopt Resolution No. 2020-42, A Resolution of the City Council of the City of Newport Beach,
California, Limiting the Parking of Vehicles on Certain Streets and Repealing Resolution,
No. 2019-68.
5. Resolution No. 2020-43: Summary Vacation of Existing Public Utilities Easement at
700 Malabar Drive [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 actioxr
will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2020-43, A Resolution of the City Council of the City of Newport Beach,
California, Declaring the City's Summary Vacation of an Existing 10 -Foot Wide Public Utilities
Easement Within a Portion of Lot 93 of Tract No. 1701 at 700 Malabar Drive and Directing the
City Clerk to Record Same with the County Recorder's Office;
c) Direct staff to process the summary vacation of said easement; and
d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the
Orange County Recorder.
6. Calling the November 3, 2020 General Municipal Election [391100-2020]
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;
b) Adopt Resolution No. 2020-44, A Resolution of the City Council of the City of Newport Beach,
California, Calling for the Holding of a General Municipal Election to be Held on Tuesday,
November 3, 2020, for the Election, of Members of the City Council as Required by the Provisions
of the City Charter;
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c) Adopt Resolution No. 2020-45, A Resolution of the City Council of the City of Newport Beach,
California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General
Municipal Election to be Held on Tuesday, November 3, 2020, with the Statewide Primary
Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for
the Purpose of Electing Members of the City Council; and
d) Adopt Resolution No. 2020-46, A Resolution of the City Council of the City of Newport Beach,
California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates
Statements Submitted to the Voters at an Election to be Held on Tuesday, November 3, 2020.
7. Calling the November 3, 2020 General Municipal Election — Proposed Charter
Amendment [391100-2020]
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;
b) Adopt Resolution No. 2020-47, A Resolution of the City Council of the City of Newport Beach,
California, Calling for the Holding of a General Municipal Election to be Held on Tuesday,
November 3, 2020, for the Submission of a Proposed Charter Amendment;
c) Adopt Resolution No. 2020-48, A Resolution of the City Council of the City of Newport Beach,
California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General
Municipal Election to be Held on Tuesday, November 3, 2020, with the Statewide Primary
Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for
the Purpose of Submitting a Proposed Charter Amendment;
d) Adopt Resolution No. 2020-49, A Resolution of the City Council of the City of Newport Beach,
California, Setting Priorities for Filing Written Arguments Regarding a City Measure, and
Directing the City Attorney to Prepare an Impartial Analysis;
e) Adopt Resolution No. 2020-50, A Resolution of the City Council of the City of Newport Beach,
California, Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to the
Voters at the General Municipal Election to be Held on Tuesday, November 3, 2020, Pursuant to
California Elections Code Section 9285; and
f) Designate Mayor Will O'Neill, Mayor Pro Tem Brad Avery, and Council Member Duffy Duffield
to draft a Direct Argument for the ballot measure and any Rebuttal Argument, if needed.
CONTRACTS AND AGREEMENTS
8. Newport Island Park Enhancements — Notice of Completion for Contract No. 7500-1
(19L01) [381100-2020]
a) On November 19, 2019, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15302(c);
b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project; and
c) 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 release
Faithful Performance Bond one year after acceptance by the City Council.
9. Street and Alley Pavement Repair Project — Notice of Completion for Contract No. 7680-
1 (20R03, 20R07 and 201111) [38/100-2020]
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.
10. Underground Utility Assessment District No. 117 — Notice of Completion for Contract
No. 7337-1 [381100-2020]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. On June 26, 2018, the City Council found this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(d);
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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.
Council Member Muldoon recused himself from Item No. 10 due to a conflict of interest.
11. Bonita Canyon Drive and Ford Road Pavement Rehabilitation — Award of Contract
No. 7588-2 (19R22) [38/100-2020]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301(b)(c), Class 1, (maintenance of existing public facilities involving negligible or no
expansion of use), of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
b) Approve the project plans and specifications;
c) Award Contract No. 7588-2 to R.J. Noble Company, for the total bid price of $2,252,925.00 and
authorize the Mayor and City Clerk to execute the contract; d)Establish a contingency of
$225,000.00 (approximately 10 percent of total bid) to cover the cost of unforeseen work not
included in the original contract; and
e) Approve Budget Amendment No. 20-046 recognizing contributions and appropriating funds for
the project.
12. Community Room Audio -Visual Improvements — Award of Contract No. 7817-1 (19F02)
[38/100-2020]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (a) (Interior or exterior alteration involving electrical conveyances) of the CEQA
Guidelines, because this project results in negligible or no expansion of existing capacity;
b) Approve the project drawings and specifications;
c) Award Contract No. 7817-1 to VMI Inc. for the total base bid amount of $122,492.21, and
authorize the Mayor and City Clerk to execute the associated construction contract;
d) Establish $12,250.00, (approximately 10 percent) contingency to cover unforeseen conditions,
extra work and/or material quantities; and
e) Approve Budget Amendment No. 20-045 appropriating $118,842.21 in increased expenditures
from unappropriated General Fund, PEG Fee Reserve fund balance to Account No. 01201925-
980000-19F02.
13. Approval of Amendment No. 1 to Water Meter Reading Service Agreement with
Alexander's Contract Services (C-6167) [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) Approve Amendment No. 1 to the Service Agreement with Alexander's Contract Services for
Water Meter Reading Services, with an additional $500,000 in contract compensation and a two-
year contract extension, and authorize the Mayor and City Clerk to execute the agreement.
14. Approve the Professional Services Agreement for Potable Water Laboratory Services
with Sierra Analytical Labs, Inc. (C-8639-1) [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) Approve Professional Services Agreement for Potable Water Laboratory Services with Sierra
Analytical Labs, Inc., for a five-year term with a total not -to -exceed amount of $300,000, and
authorize the Mayor and City Clerk to execute the Agreement.
15. Approval and Award of On -Call Professional Services Agreements for Marine
Engineering and Harbor Related Services [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
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b) Approve On -Call Professional Services Agreements with Moffatt & Nichol (C -8546-2A), Anchor
QEA, LLC (C -8546-3A), and Noble Consultants, Inc. (C -8546-1A), with each agreement being
for a term of three -years and a total not -to -exceed amount of $300,000, and authorize the Mayor
and City Clerk to execute the agreements.
MISCELLANEOUS
16. Planning Commission Agenda for the May 7, 2020 Meeting [100-2020]
Receive and file.
Motion by ayor Pro Tem Avery, seconded by Council Member Brenner, to approve the
Consent Calendar; noting the recusal by Council Member Muldoon on Item No. 10, the "no" votes on
Item No. 11 and Item No. 12, and the amendments to Item No. 1.
The motion carried unanimously.
VIII. ITEMS REMOVED FROM THE CONSENT CALENDAR — None
IX. CURRENT BUSINESS
17. Emergency Ordinance Nos. 2020-003 and 2020-004: Review and Consider Extending the
Prohibition on Short -Term Lodging Activity [100-2019]
Council Member Dixon indicated that she would like to make a motion to require a three -night
minimum stay that would expire on June 16, 2020 or the end of the emergency, whichever occurs
first, and that the prohibition would continue on Newport Island. She noted widespread support to
end the prohibition and added that Newport Island is a unique situation and lifting the ban at this
time should not apply to it.
Mayor Pro Tem Avery expressed support for the three -night minimum stay but expressed concern
with singling out one area.
Mayor O'Neill shared the same concern about an exemption for Newport Island and noted that
density in Newport Island is not much more than on Balboa Island, Corona del Mar, or the Peninsula.
Council Member Duffield indicated the difference on Newport Island, compared to other areas, is the
availability of parking and its impact on the Island.
Mayor O'Neill clarified that Council is restricting this on an emergency basis.
Council Member Dixon relayed concerns from residents regarding parking enforcement on Newport
Island and noted potential reforms for short-term rentals.
Council Member Brenner noted the complexity of this issue and stated that she would be in favor of
the motion with a three -night minimum stay and exempting Newport Island at this time.
Mayor Pro Tem Avery expressed concern with potentially creating a faulty policy in making an
exception of this nature and mentioned the possibility of further research before reaching a decision.
Community Development Director Jurjis reported requesting a waiver specifically for Newport Island
from the Coastal Commission would be a challenge for staff. In response to Mayor O'Neill's question,
Community Development Director Jurjis advised that the Fire Department has not complained of
access issues on Newport Island. Council Member Herdman suggested a waiver could also be justified
by the unusual current circumstance of the pandemic and a high concentration of short-term rentals
in a small area in terms of ingress and egress traffic.
Jim Mosher believed the language regarding a three -night minimum is incorrect and noted
alternatives requiring a minimum time between each booking or a minimum no -occupancy interval.
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Connie Adnoff, Beachview Realty Company co-founder, advised that the company only allows three -
night minimums due to cost factor and fewer nights suggest a party; stated her support of a three -
night minimum stay; and believed that it should be possible to regulate or pull a property's permit if
they do not follow ordinances or become a chronic nuisance.
Chris Nielson commended Council on their efforts and noted his support for allowing short-term
lodging; hoped to receive clear guidance following the meeting; and indicated units in the residential
multifamily zone should be allowed.
Chuck Cortright, founder and owner of Spa Gregorie's, related that over half of his short-term rentals
are at least a week; noted that cleaning in between occupants can be accomplished in the same day;
and asked Council to reconsider the three-day minimum and expand it.
In response to Craig Batley's question, Mayor O'Neill clarified that the current emergency ordinance
banning short-term lodging throughout the City runs until May 20, 2020. The motion, if passed,
would ban only one or two -night stays through June 16, 2020 or the end of the emergency order,
whichever occurs earlier.
Craig Batley supported the motion and believed the impact of short-term lodging on the Peninsula,
compared to overall visitors, is insignificant.
Council Member Dixon believed the expiration of the ordinance should be driven by the emergency
rather than a self-imposed date.
Shannon Horan, Abrams Coastal Properties, supported lifting the ban but preferred it take effect
immediately.
An unidentified resident stated his support of a three -night minimum and suggested lifting the ban
immediately to accommodate summer rentals.
Rick noted various concerns and believed that vacations are not essential services.
Denys Oberman summarized her correspondence; believed the number of minimum nights should be
expanded; and asked Council to thoughtfully consider the modifications for short-term lodging.
Donald Abrams thanked Council for making this item a priority; stated his support of a three-day
minimum; and suggested a separate motion to continue the ban on short-term lodging on Newport
Island.
Cindy McColley, Newport Beach visitor, requested clarification of the three -night minimum
beginning May 20.
Scott Carpenter, iTrip Vacations, thanked staff and Council; supported a three -night minimum and
urged Council not to consider time between rentals.
Alex Batley noted his success with providing two night minimum rental stays to occupants.
Chris spoke in favor of removing the ban and inquired if Council members were concerned about
public safety.
Carmen Rawson supported the motion with a three -night minimum and believed occupying short-
term lodgers on the Peninsula does not increase risk.
Jeff Bosson, Seabreeze Vacation Rentals, believed the purpose of the emergency ordinance was not
to overwhelm medical facilities; noted his support of a three -night minimum; and suggested an
immediate effect with two -night stays beginning June 12.
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Larry Klein preferred a minimum stay of seven to ten days for one more month.
Council Member Dixon proposed amending the motion to consider dividing the ordinance into lifting
the ban except for Newport Island, where the ban would continue, and establishing a three -night
minimum stay and stated she was open to suggestions of when the ordinance should take effect.
In response to Mayor O'Neill's question, City Attorney Harp reported there is a severance clause in
the ordinance, but it would not invalidate the ordinance exempting Newport Island; and stated that
the Coastal Commission would likely take the position that a Coastal Development Permit is needed
if it did not grant the waiver for Newport Island; and suggested including language indicating if the
Coastal Commission does not grant a waiver for Newport Island, that portion of the ordinance is no
longer effective.
Council Member Dixon reported on an issue of concern pertaining to subletting properties on Newport
Island and indicated that she wanted to explore the issue further when Council discusses short-term
lodging in two weeks.
In response to her question, City Attorney Harp indicated two ordinances are an option for the
Council.
Motion by Council Member Dixon, seconded by Council Member Duffield, 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; b) pursuant to City of Newport
Beach Charter Section 412, waive full reading, direct the City Clerk to read by title only, and adopt
amended Emergency Ordinance No. 2020-004, An Emergency Ordinance of the City Council of the
City of Newport Beach, California, Extending the Restrictions Set Forth in Emergency Ordinance
No. 2020-1 Prohibiting the Issuance of Any New Short Term Lodging Permit Pursuant to Newport
Beach Municipal Code Chapter 5.95 and Requiring a Minimum Night Stay for All Short Term
Lodging Rentals.
In response to Mayor O'Neill's question, City Attorney Harp reported the Proclamation of Statewide
Emergency included a provision that eliminated the requirement to review and renew it within 60
days. He added that the proclamation will remain in effect until the local governing body terminates
its respective local emergency.
With Council Member Muldoon voting "no," the motion carried 6-1.
Council Member Muldoon expressed support for lifting the ban but not the three -night minimum
stay.
Motion by Council Member Dixon, seconded by Council Member Duffield, 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) pursuant to City of
Newport Beach Charter Section 412, waive full reading, direct the City Clerk to read by title only,
and adopt Emergency Ordinance No. 2020-003, An Emergency Ordinance of the City Council of the
City of Newport Beach, California, Extending the Restrictions Set Forth in Emergency Ordinance
No. 2020-1 Prohibiting the Rental of Any Lodging Unit on Newport Island for a Period of Thirty (30)
Consecutive Days or Less, to Any Person Other than a Medical Professional or Emergency Responder
Coming to the City of Newport Beach to Aid with the COVID-19 Outbreak.
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Mayor Pro Tem Avery would support the motion during the emergency, but not after the emergency.
Council Member Brenner wanted to ensure adoption of the ordinance does not ignore the concerns
of residents in other areas of the City.
With Mayor O'Neill and Council Member Muldoon voting "no," the motion carried 5-2.
18. Review of the Adopted Fiscal Year 2019-20 Capital Improvement Program (CIP) Budget
and the Proposed Fiscal Year 2020-21 through 2025-26 Capital Improvement Program
Budget (Continued from the April 28, 2020 City Council Meeting) [100-20191
Public Works Director Webb utilized a presentation to review the Adopted Fiscal Year (FY) 2019-20
Capital Improvement Program (CIP) projects completed or reduced in scope to return $2,220,033 to
Fund Balance, projects in progress, and projects for further review and direction.
There was a unanimous straw vote to postpone the trolley program for one year.
City Manager Leung used a presentation to discuss deferred capital funding and spending to save
$16.9 million in the General Fund.
Mayor O'Neill referenced a list of projects for further council review and direction and advised that
he would speak to projects for the Central Library Lecture Hall, Junior Lifeguards Building, Grant
Howald Park Rehabilitation, and Lido Fire Station 2.
In response to Council Member Dixon's questions, Mayor O'Neill explained that the recommendation
is to defer the projects on the list, not to cancel them. He anticipated Council reviewing the budget at
least quarterly and re -reviewing expenditures, including CIPs within the next year.
Council Member Brenner wished to discuss the Central Library Lecture Hall and the Junior
Lifeguards Building.
In response to Council Member Muldoon's question, Mayor O'Neill clarified that projects on the list
will be deferred unless Council pulls them.
Public Works Director Webb stated that staff requested removal of the Balboa Village Facade
Improvement and Dover Shores Traffic Study projects from the budget and seeks further guidance
on the Lido Fire Station 2 project.
Council Member Dixon requested discussion of the Newport Pier Building Platform/Piles project.
Mayor O'Neill proposed deferring capital costs for the Central Library Lecture Hall and Junior
Lifeguards Building for at least a year, while including some of the design costs in the capital
expenditures.
Public Works Director Webb explained that Council has awarded design contracts for the two
projects, and those costs are shown in the first column. He further noted that design would continue,
but construction would be deferred thus deferring associated costs in this budget.
Council Member Brenner suggested Council allow the organizations to move forward with
fundraising for the projects. Mayor O'Neill requested a commitment from the City to fund the projects
by a certain date.
Council Member Dixon reiterated that the projects are being deferred, not cancelled. She added that
there is a slight amount of risk, but that is up to the organizations.
In response to Council Member Muldoon's question, Public Works Director Webb indicated Council
would defer $7.34 million for the Lecture Hall and $3.05 million for the Junior Lifeguards Building
to FY 2021-22.
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City Manager Leung noted there is $10 million budgeted, however the funding source was 50-50 with
contributions, thus totaling $5 million for the City.
City Manager Leung questioned whether $130,000 under Facilities Financing Plan (FFP) for the
Junior Lifeguards Building project is needed for design. Public Works Director Webb explained that
was the amount left unencumbered in the budget and would move to construction.
There was a unanimous straw vote to defer the Central Library Lecture Hall and Junior Lifeguards
Building projects for a year.
Council Member Muldoon recused himself from discussion of the Grant Howald Park
Rehabilitation project and the Lido Fire Station 2 project due to installation of telecom
devices or hardware and business interest from a former employer.
Council Member Brenner recused herself from discussion of the Grant Howald Park
Rehabilitation project due to real property interests.
Mayor O'Neill recommended the Grant Howald Park Rehabilitation project move forward.
Council Member Herdman believed Council should be mindful of pulling projects with safety issues,
such as this park.
Mayor Pro Tem Avery noted the duration of time Council has invested in this project and stated it
needs to move forward.
With Council Members Muldoon and Brenner recusing themselves, there was a 5-0 straw vote to
move the Grant Howald Park Rehabilitation project forward.
Mayor O'Neill proposed moving forward with the Lido Fire Station 2 project but on a finance term of
at least 10 years.
With Council Member Muldoon recusing himself, there was a unanimous straw vote to support
evaluating financing for the Lido Fire Station 2 Project.
In response to Mayor O'Neill's question, Public Works Director Webb advised that the Newport Pier
Building Platform/Piles project would replace all old piles at the end of the Newport Pier. He added
that Staff anticipated presenting a design award of approximately $350,000 at the next Council
meeting; and stated construction would not begin for eight months to a year.
Council Member Dixon noted support for the proposal of the project.
Mayor O'Neill noted options to move forward with the design in the upcoming fiscal year and move
construction into the following fiscal year.
In response to Council Member Dixon's question, Public Works Director Webb agreed that project
design can be done, and an application submitted to the Coastal Commission.
Mayor Pro Tem Avery recommended shoring up the pier sooner rather than later.
Council Member Dixon preferred to program the whole thing into the next fiscal year. Public Works
Director Webb added that the project would be a re -budget.
In response to Council Member Herdman's question, Public Works Director Webb indicated public
safety would be a factor in this project.
Council Member Duffield encouraged staff to use composite pilings and not wood.
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With Council Member Muldoon voting "no," there was a 6-1 straw vote to move forward with the
Newport Pier Building Platform/Piles project.
Council Member Herdman disclosed a conflict regarding the Marine Avenue Rehabilitation project
due to real property interests and recused himself from the discussion.
In response to Council Member Brenner's questions, Public Works Director Webb indicated the
budgeted project is for street rehabilitation, but staff recommends deferring the project for five years.
Public Works Director Webb reported the Ocean Boardwalk/ Parking Lot Improvement project
involved Council Member Dixon working with the community to conduct a study of the splitting of
the trails, which is the Ocean Boulevard Concrete Pavement project. He recommended pulling the
Ocean Front Bike Safety Improvement project out and returning $75,000 to the General Fund.
Council Member Brenner agreed with deferring the Ocean Boulevard Concrete Pavement project,
however noted the need for added safety measures along Ocean Boulevard would be helpful.
Public Works Director Webb utilized a presentation to review the proposed FY 20-21 to 25-26 Capital
Improvement program.
Mayor O'Neill wished to address the Concrete Replacement Program, Jamboree Road Pavement
Rehabilitation, Slurry Seal Program, Storm Drain System Repair, and the Via Lido Outer Ring
Roadway Repair projects.
In response to Council Member Dixon's question, Public Works Director Webb indicated the Via Lido
Outer Ring Roadway Rehabilitation project is repaving the street following completion of the water
main project.
At Council Member Muldoon's request, City Attorney Harp advised that Council Member Muldoon
has conflicts regarding the Balboa Island micro transit feasibility study, Undergrounding District
No. 113, and the traffic signal rehabilitation program due to business interests. In addition, Council
Member Dixon has a conflict regarding the slurry seal program.
Mayor O'Neill pulled the Concrete Replacement Program, Jamboree Road Pavement Rehabilitation,
and Storm Drain System Repair projects for discussion because deferring them would increase costs.
Council Member Dixon noted an expectation that labor and material costs will be more competitive
given current economic challenges. Public Works Director Webb added that staff has seen that in
prior economic downturns and expects bids to decrease.
There was a unanimous straw vote to support proceeding with the Concrete Replacement Program.
With Council Member Muldoon voting "no," there was a 6-1 vote to support proceeding with the
Jamboree Road Pavement Rehabilitation project.
There was a unanimous straw vote to support proceeding with the Storm Drain System Repair.
Council Member Dixon disclosed a conflict pertaining to the Slurry Seal Program and the Via Lido
Outer Ring Roadway Rehabilitation projects due to property interests.
With Council Member Dixon recusing herself, there was a 6-0 straw vote to support proceeding with
the Slurry Seal Program.
With Council Member Dixon recusing herself, there was a 6-0 straw vote to support proceeding with
the Via Lido Outer Ring Roadway Rehabilitation project.
Jim Mosher asked if the six-year CIP budget had been made available to the public and, if so, where
it could be found.
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Public Works Director Webb indicated a link to the six-year budget is included in the staff report,
and the document can be found on the City website.
15. Novel Coronavirus (COVID-19) Update [100-2019]
City Manager Leung utilized a presentation to discuss the re -opening of beaches and recreational
amenities, City facilities and services including street sweeping and summer programming, and
businesses while prioritizing public safety and health through education and outreach, enforcement,
individual responsibility, and management of staff resources.
Mayor O'Neill thanked staff, particularly Public Works, Police, and Lifeguard departments; noted
other counties are opening their beaches, trails and open spaces; suggested reopening the boardwalk
on the Peninsula; and remarked that the number of cases in the City has been low except for the
recent spike in cases at multiple skilled nursing facilities.
City Manager Leung stated that the Board of Supervisors voted earlier in the day to open parking
lots at parks.
Council Member Dixon thanked staff and public safety personnel and noted guidelines for beach
activities; reminded the public that while case numbers are going up due to the increased
availability of tests, hospitalizations have been stable; believed barricades should be removed and
that parking lots and restrooms should be opened; and added that while crowds on the beach were
under control she has concerns pertaining to enforcement at closing.
Police Chief Lewis provided a report on beach response and noted they addressed challenges with
educating the public on active use regulations, traffic and speeding issues, and noted that daytime
beach attendees were compliant this past weekend.
Council Member Muldoon believed opening beaches for active recreation use only is unfair to people
with disabilities; supported taking down barricades; and thanked first responders, medical
professionals, and City staff whom he referred to as the unsung heroes.
In response to Council Member Brenner's questions, City Manager Leung advised that the Corona
del Mar parking lot is closed, but staff is evaluating all beach -related parking lots. Council Member
Brenner advised that San Clemente has barricades three blocks from the beach and blocking access
to the pier. She suggested the possibility of sending out a press release to inform the public on the
10 p.m. curfew and other beach prohibitions.
Comments given after reconvening:
Chuck Remley reported on last weekend's beach activities, traffic, the Police Department's presence,
and concerns with trash on the Peninsula.
Denys Oberman asked the City to take clearer action that protects residents and suggested police
officers patrol beaches just before and after 10 p.m. to enforce the closure.
XI. CLOSED SESSION — moved to end of the meeting
XII. RECESSED — 7:01 p.m.
XIII. RECONVENED AT 7:22 P.M. FOR REGULAR MEETING (PUBLIC HEARINGS)
XIV. ROLL CALL
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
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H. INVOCATION — Pastor Paul Hegele, Newport Harbor Lutheran Church
XVI. PUBLIC HEARINGS
20. Approval of the Fee Study Update [100-20201
Motion by Mayor O'Neill, seconded by Council Member Muldoon, to discuss the fee study
update at the May 26, 2020 Study Session and bring the fees back to the City Council for adoption
at the June 9, 2020 City Council meeting.
The motion carried unanimously.
21. 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 April 28, 2020 City Council Meeting) [100-20201
Ex Parte Communications:
Mayor O'Neill disclosed meeting months ago with Leslie Daigle, who represented the Applicant, and
the Applicant's architect at the site and noted a conversation three weeks ago with the Appellants,
their attorney, and interested parties Charles Klobe, Nancy Scarbrough, and Dave Tanner. At the
Appellants' request to attempt to find a resolution, he interacted with the Applicant and Appellants.
Council Member Herdman disclosed a meeting with Ms. Daigle and the architect a couple of months
ago at the site.
Council Member Dixon disclosed meetings with Ms. Daigle and the Applicant on site and the
Appellants and a site visit last Saturday at the residences above the project site.
Council Member Muldoon disclosed conversations with Ms. Daigle and a neighbor.
Council Member Duffield disclosed conversations with Ms. Daigle and the architect and an
Appellant homeowner.
Council Member Brenner disclosed a meeting with Ms. Daigle and architect Scott Laidlaw and
conversations with Charles Klobe and Nancy Scarbrough.
Mayor Pro Tem Avery disclosed his attendance at an open house last fall where the architect,
developer, and Ms. Daigle were present; a meeting with an Appellant; a self -guided tour of the
property; and phone calls with Ms. Daigle.
Scott Laidlaw, architect and Applicant, utilized a presentation to describe the unique circumstances
and existing conditions of the site.
Aaron Ehrlich, Appellants' attorney, used a presentation to discuss the project site and its
boundaries including: parking requirements, findings for a conditional use permit (CUP), submittal
of revised plans and their accessibility, California Environmental Quality Act (CEQA) issues; the
relationship between the project and The Garden Center project, efforts to resolve issues,
misstatements in the staff report, the private easement's effect on the project, and the Appellants'
proposal for a trellis and conditions of approval.
Hal Woods, Appellant at 2919 Cliff Drive, believed property rights are a privilege and stated that
the structure should close at 10 p.m. seven days a week.
Ernie Castro, Appellant at 2915 Cliff Drive, indicated the hearing should have been postponed
because of the coronavirus; believed excess parking is intended for the restaurant project and strip
mall; expressed concern regarding noise, light, and air pollution for residents due to late-night
access to the parking structure.
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In response to Mayor O'Neill's question, Community Development Director Jurjis reported the
Applicant's revised plans were sent to the Council yesterday and at the same time to Mr. Ehrlich.
In response to Mayor O'Neill's questions, Mr. Laidlaw used a presentation to reflect revisions to
retain slope on the hillside and increase landscaping at the property line with Mr. Woods' residence.
He added that the changes are an attempt to make the situation better for the Appellants and noted
no conflict with Council choosing to use the prior set of plans due to concerns about notice of the
revised plans.
At Mayor O'Neill's request, City Attorney Harp advised that as the change is relatively minor and
moves the project farther away from the residences, it does not create any new view issues or other
impacts. He stated that the public has had an opportunity to view the information prior to making
any comments and that Council may proceed with the revised plans.
Mayor O'Neill opened the public hearing.
Jaleel Shabazz Blue questioned the idea of continuing a project if it is not bettering the citizens'
properties.
Jim Mosher indicated this is not the ideal format to hold a public hearing; expressed concern that
community members are not being heard; and advised of an open parking structure at the Westcliff
Drive medical offices, adjacent to residential views, was approved in 2014 without a conditional use
permit.
Brion Jeannette commented that the existing building is not an appropriate landmark building for
the community; believed what Mr. Laidlaw is doing is a vast improvement; supported the proposed
parking and landscape; and recommended Council approve the project.
Stefanie Sitzer Pilalas, Appellant, agreed with Mr. Ehrlich's comments; believed there has been too
much emphasis on what the project is going to look like and less on what it will be used for, hours
of operation, and onsite parking; and stated the project should be further modified to make it livable.
Troy Pilalas, Appellant at 2907 Cliff Drive, related that his biggest concerns are noise, light
intrusion, and pollution; and suggested covering the structure with a sold roof or a complete and
heavy trellis.
Jeanne Fobes expressed her concern with the proposed parking structure roof.
Brittany Sitzer supported placing a roof over the parking structure and expressed concern about the
withholding of details.
Steve Hufford shared previous businesses in the location that operated with longer hours; indicated
the building is currently dilapidated; and believed the new building would be an improvement to
the neighborhood.
Sandra Ayers agreed that the project is beautiful and beneficial, however its negative circumstances
would be easy to resolve; believed ingress and egress on Riverside Avenue; and stated various
concerns with the proposed project.
Nancy Scarbrough opposed the parking project unless there is a solid cover on the structure due to
its proximity to single-family homes.
Christopher Budnik supported the Appellants and asked Council to require a solid roof on the
parking structure.
Peggy Palmer remarked that guidelines are in place through the 2006 General Update Plan and the
Mariners Mile Strategic Plan and noted that a parking structure there is not reasonable.
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Mayra Ramirez supported the project because it would improve the area and be an upgrade from
the previous restaurant.
David Tanner indicated the community is threatening litigation because the project will impact the
wetland, the heritage oak tree, and the coastal bluff and create noise, light, and glare impacts to
adjacent residences; and believed the project and the City must follow the rules.
Charles Klobe stated the link on the City website to the last staff report was broken and urged
Council to deny the project and send it back to be brought in concert with the restaurant.
Portia Weiss opposed a parking structure because she believed people would rather park on the
street than in a parking structure and expressed concern about the project not having a roof, impacts
on the environment, the heritage coastal oak and Cliff Drive Park, and noise from doors, radios, car
alarms, and tires screeching.
Scott Laidlaw explained the reasons for not proposing a solid roof, including a trellis roof is a greener
solution, moving everything further from the residents improves the current condition, the
screening is better, a roof would need to accommodate the height of public safety and delivery
vehicles, the design of the trellis is based on Building Division requirements, and a solid roof with
increased height will be an eyesore. The upper-level office space functions off the upper-level
parking, and the lower -level office space functions off the lower -level parking, but the two are not
connected. The Bay Island parking structure has open rooftop parking and is directly adjacent to
residential uses.
Susan Hori, Applicant's attorney, advised that a conditional use permit allows Council to consider
the unique situation of each setting, the existing grade will be lowered, and parking will be added
under the parking structure. She further advised that; Condition of Approval 63 to limit entry to
the upper level after 10 p.m. would be difficult to enforce and noted the Applicant team has worked
with staff to address impacts to residences, and asked Council to uphold the Planning Commission
action.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
Council Member Duffield noted the existing parking lot has been there for decades and the new
building will be one-third the size and setback from Riverside so that ingress and egress is safer
when the current condition is dangerous. He spoke in favor of the project.
In response to Council Member Brenner's questions, staff explained that a private easement
contains height limitations, so the Applicant lowered the height of building to comply with the
easement.
Council Member Brenner expressed concern about sports cars test driving on Cliff Drive and Pacific
Coast Highway and mitigating the noise.
In response to Council Member Dixon's questions, staff was not sure of the hours of operation for
the restaurant that previously occupied the site. Community Development Director Jurjis stated
that Staff agrees that the two projects do not have to be combined and that the Applicant has agreed
to limit the hours of entry into the parking structure, but not the hours of exit.
Council Member Dixon questioned whether the Applicant would consider limiting the hours of exit
to 10 p.m. and proposed the trellis be extended a few feet beyond the cars on either side with the
roof.
Mayor Pro Tem Avery stated Newport Heights is an established neighborhood and this development
is great; stated he would not accept this without a hard 10 p.m. close of the parking structure to
accommodate residents; and spoke in favor of extending the trellis as much as possible.
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In response to Mayor O'Neill's question, Community Development Director Jurjis indicated the
Planning Commission has conducted annual reviews of projects to ensure they are following the
conditions of approval and added that if an Applicant is not complying with the conditions, the
Applicant could make modifications or be required to adopt a new program approved by the Planning
Commission.
Scott Laidlaw clarified that the trellis cantilever could be extended 2-3 feet without any significant
structural ramifications but potentially cause some egress challenges.
Motion by Mayor O'Neill, seconded by Council Member Herdman, to a) find this project
exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under
Class 32 (In -Fill Development Projects) of the CEQA Guidelines, because it has no potential to have
a significant effect on the environment; and c) adopt amended Resolution No. 2020-33, A Resolution
of the City Council of the City of Newport Beach, California, Upholding and Affirming the Planning
Commission's Approval of Coastal Development Permit No. CD2019-003 and Conditional Use Permit
No. UP2019-003 to Demolish an Existing Restaurant and Office Building and Construct a New Office
Building and Parking Structure Located at 215 Riverside Avenue (PA2019-023),with modifications
to Condition of Approval 61 such that the trellis shall extend an additional three feet unless such
extension violates the Building Code and to retain "and exit" at 10 p.m. in Condition of Approval 63.
Council Member Brenner proposed an additional condition to allow only parking on the upper level,
no special events. Susan Hori agreed to park cars only on the upper level.
Mayor O'Neill amended the motion, with Council Member Herdman secondine, to add
Condition of Approval 66 that would require the upper level to be used for parking only.
Council Member Muldoon believed the trellis is considerate and that the architect has gone to great
lengths to consider the neighbors.
Substitute motion by Council Member Muldoon, to a) find this project exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (In -Fill
Development Projects) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment; and c) adopt amended Resolution No. 2020-33, A Resolution of the City
Council of the City of Newport Beach, California, Upholding and Affirming the Planning
Commission's Approval of Coastal Development Permit No. CD2019-003 and Conditional Use Permit
No. UP2019-003 to Demolish an Existing Restaurant and Office Building and Construct a New Office
Building and Parking Structure Located at 215 Riverside Avenue (PA2019-023), with a modification
to Condition of Approval 61 to include the entire trellis.
The substitute motion died for lack of a second.
Council Member Dixon believed this is an asset to the community and the retail area that serves
Newport Heights and expressed her opinion that the Applicant has listened and responded to
neighbors' requests.
Mayor O'Neill thanked the Applicant and Appellants for trying to reach a resolution and believed
Council's proposal will be a better project for residents than what was approved by the Planning
Commission.
The amended motion carried unanimously.
22. Ordinance No. 2020-14: Terminating Non -Exclusive Commercial Solid Waste Franchises
(Continued from the April 28, 2020 City Council Meeting) [241100-20201
Public Works Director Webb reported staff has settled three franchises and proposes to terminate
nine franchises based on noncompliance with requirements for insurance and collision avoidance
systems.
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May 12, 2020
Art Vazquez, A2Z Recycling Services, did not understand why insurance coverage of $9 million is
required for a small business hauling construction debris only and believed the insurance
requirement in the franchise agreement is excessive.
Allen Babashoff, G.B. Services, agreed with Mr. Vazquez that the insurance requirement is
excessive and should not apply to small businesses.
Mayor O'Neill opened the public hearing. Hearing no testimony, Mayor O'Neill closed the
public hearing.
Mayor O'Neill advised that companies have stated they would not haul in Newport Beach under the
new terms of the franchise agreement and noted that companies must cover the insurance.
Motion by Mayor O'Neill, seconded by Council Member Dixon, to a) determine this action is
not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2),
15060(c)(3) and 15308 of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly and is categorically exempt pursuant to Section
15321; and b) waive full reading, direct the City Clerk to read by title only, introduce amended
Ordinance No. 2020-14, An Ordinance of the City Council of the City of Newport Beach, California,
Terminating Those Certain 2017 Non -Exclusive Franchise Agreements for Commercial Solid Waste
and Divertible Materials Handling Services Within the City of Newport Beach, and pass to second
reading on May 26, 2020.
The motion carried unanimously.
23. Resolution No. 2020-51: Community Development Block Grant — 2020-24 Consolidated
Plan, 2020-21 Action Plan, and Citizen Participation Plan Amendment (C-8482) [38/100-
2020]
Mayor O'Neill requested discussion of the economic development portion of the presentation.
Community Development Director Jurjis utilized a brief presentation to indicate the action plan
does not have an economic development component and asked Council to amend the Action Plan to
utilize $469,000 for a future economic development program.
In response to Council Member Dixon's question, Mayor O'Neill indicated the funds can be used for
business reopening plans and other economic development.
In response to Council Members' questions, Community Development Director Jurjis related that
an economic development program could be a grant or loan and cited staff research of similar plans
in other cities.
Mayor O'Neill opened the public hearing.
Jim Mosher noted perceived typographical errors and believed the current Citizen Participation
Plan lacks context.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
Motion by.Mayor O'Neill, seconded by Council Member Herdman, to a) find the approval of
the 2020-24 Consolidated Plan, 2020-21 Action Plan, and Citizen Participation Plan Amendment
exempt from the National Environmental Policy Act ("NEPA") pursuant to 24 CFR Part 58, Section
58.34; b) find the approval of the 2020-24 Consolidated Plan, 2020-21 Action Plan, and Citizen
Participation Plan Amendment are exempt from 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, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or indirectly;
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City of Newport Beach
Regular Meeting
May 12, 2020
c) adopt Resolution No. 2020-51, A Resolution of the City Council of the City of Newport Beach,
California, Approving the 2020-2024 Consolidated Plan, the 2020-2021 Annual Action Plan, and the
Citizen Participation Plan for the Federal Community Development Block Grant Program; and d)
authorize the City Manager to: (1) submit the 2020-24 Consolidated Plan, 2020-21 Action Plan, and
Citizen Participation Plan Amendment to HUD, (2) execute the 2020-21 CDBG Program Grant
Agreement and all related documents on behalf of the City, (3) execute the sub -recipient agreements
with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan, and (4)
authorize the Community Development Director, or his/her designee, to be the official
representative of the City of Newport Beach, and to submit required environmental documentation
for CDBG projects.
The motion carried unanimously.
24. Resolution No. 2020-52: Denying a Request to Waive City Council Policy L-2, Driveway
Approaches, at 106 and 110 Sonora Street [100-20201
Mayor O'Neill addressed the need for Council Policy L2 and noted that granting a waiver for an
additional entrance is reasonable with the current number of entrances onto Seashore; expressed
that staff strongly recommended the Applicant follow the recommendation from Policy L-2; and
requested looking into constructing a garage with access to Seashore instead of the alleyway.
Brion Jeannette, architect, reported page 23 shows 16 different homes that back onto Seashore;
noted that Council Policy L-2 typically does not address properties surrounded by streets on three
sides; and stated the efforts to work with staff to develop reasons for a waiver.
In response to Mayor Pro Tem Avery's question, Brion Jeannette indicated there is a basement and
if dewatered properly, flooding would not be an issue.
At Council Member Dixon's request, Public Works Director Webb provided details of Council Policy
L-2 and how it related to developments with alleyways behind them.
In response to Council Member Dixon's question, Brion Jeannette relayed various components of
the structure of the home and noted that he and staff considered different opportunities and
developed this plan.
In response to Council Member Muldoon's question, Brion Jeannette believed the project would
provide a public benefit by creating visual continuity of traffic from Sonora into the alley and
allowing bike storage.
In response to Council Member Muldoon's question, Planning Technician Lee reported staff has not
received any complaints about the project.
In response to Council Member Herdman's question, Public Works Director Webb explained that
the curbs are red because the streets are too narrow for parking on both sides.
Mayor O'Neill stated that City Attorney Harp distributed an alternate resolution to approve the
waiver of the Council Policy at his request.
Mayor O'Neill opened the public hearing.
Emanuel Shaoulian, property owner, encouraged Council to make consistent decisions and believed
the solutions and the project would benefit the City.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
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Regular Meeting
May 12, 2020
Motion by Council Member Dixon, seconded by Council Member Muldoon, to a) find the
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303,
Article 19, of Chapter 3, Guidelines for Implementation of the California Environmental Quality
Act) under Class 3, (New Construction or Conversion of Small Structures) of the CEQA Guidelines,
because it has no potential to have a significant effect on the environment; and b) adopt amended
Resolution No. 2020-52, A Resolution of the City Council of the City of Newport Beach, California,
Denying a Request Waiving City Council Policy L-2 (Driveway Approaches) and Approving Coastal
Development Permit No. CD2019-007 to Allow the Demolition of an Existing Duplex and the
Construction of a New Duplex Subject to a Modification of the Project to Provide Vehicular Access
from the Alley for the Properties Located at 106 and 110 Sonora Street (PA2019-029).
The motion carried unanimously.
X. PUBLIC COMMENTS ON CLOSED SESSION AND NON -AGENDA ITEMS
Jim Mosher indicated he does not live in Council Districts 2, 5 or 7, but under the City Charter he would
be invited to vote to select who represents those Districts; and believed Council should consider changing
the Charter so the voters can decide whether they want District elections.
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.
XI. CLOSED SESSION - 10:19 p.m. (Herdman left the meeting)
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Susan Bidart Riddle v. 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
Mayor O'Neill reconvened the meeting at 10:40 p.m. with Council Member Herdman not in,
attendance.
XV. CLOSED SESSION REPORT
City Attorney Harp announced that Council Member Herdman was not present during Closed Session
and that no reportable actions were taken.
XVII. MOTION FOR RECONSIDERATION - None
XVIII. ADJOURNMENT - Adjourned at 10:42 p.m. in memory of Newport Beach Police Detective
Jon Jarema
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 May 7,
2020, at 4:00 p.m.
Will O'Neill
Mayor
Leilani I. Brown I cq'�.;,�!p.
City Clerk
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