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HomeMy WebLinkAbout01 - MinutesSeptember 22, 2020 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Study Session and Regular Meeting September 8, 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. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar — None SS2. Proclamation Recognizing September 17-23,2020 as Constitution Week Mayor O'Neill read the proclamation and presented it to Ashley Rodi from the Daughters of the American Revolution. SS3. Short Term Lodging (STL) Community Development Director Jurps used aresentation tc0iscuss the Ad Hoc Committee on Short Term Lodging, previous Emergency Ordinances, Ordinance No. 2020-15 (Phase 1) and enforcement, Planning Commission revieon July 23, 2020, Ad Hoc Committee recommendations, minimum night stay surve the surrey regarding STL permit caps, STL requirements in other cities, timeline egin the 24-hour answering service, STL permit fee updates, and the draft Phase 2 ordin 411, In response to Mayor O'Neill's questi n, Community Development Director Jurjis indicated Council may request an agenda item regarding removal of the existing Emergency Ordinances. Hal Sears opposed limiting the number of STLs on Balboa Island and believed the ban causes Council's constituents t%,lose revenue. Jim Mosher boeved t City did noTadequately inform the public about the topic for which Council seelyinput, expressed concern regarding laws that create classes of citizens that are treated differently than others, suggested if Council wants to institute a cap, permits should be granted through an lottery system, and believed revisions need to go through the Planning Commission before Council. Charles Dayton indicated STLs are not the issue, believing hotels do not want STLs to succeed. Carmen Rawson asked if permitted or illegal units in Newport Beach are causing noise, trash, and other issues, suggested implementing Phase 1, evaluating the results, and enforcing STL requirements, and suggested the City get rid of illegal units. Debbie Gubernick stated that Council has to create consistency in the rules, expressed appreciation for all the research that has occurred, wanted Newport Beach to be a peaceful, enjoyable place for everyone, including families, and suggested Council strike the right balance by capping the number of STL permits. Denys Oberman noted that the reasons to manage the number of STL units are contained within the ordinance, questioned the equity of complaint -driven enforcement, supported the recommendation for capping the number of STL permits, and requested additional study of the three -night minimum suggestion. Volume 64 - Page 508 City of Newport Beach Study Session and Regular Meeting September 8, 2020 Angela Haryew believed that STL renters are not the problem and permit caps will adversely affect her family, and opposed a three -night minimum. Yolena Tam believed that the cap on the number of STL permits is a problem and now is not the time to implement a cap if Council wants to support small businesses. She suggested that Council review the results of Phase 1 before considering Phase 2 and increase the cap on permits. Meg Cooper shared her experience with renting to tenants and stated noise enforcement should be applied consistently throughout the City, whether a STL, long-term renter, or homeowners. An unidentified speaker indicated that Newport Beach is a favorite location for renters, suggested Council implement Phase 1, and agreed with the need to apply rules consistently. David Tanner suggested Council learn the outcome regarding similar legislation for Laguna Beach with the Coastal Commission before proceeding, believed Council should look at accessory dwelling units and junior accessory dwelling units, stated that STL units should meet building codes, be subject to inspection by the fire department, and provide onsite parking, and noted that permits should be appealable by the public. Ar Gila Willner concurred with comments for impleme&ing Phase 1 before Council considers adding new restrictions and expressed concern that a cap on permits would result in more nine- month rentals to college students, which may rage more issues. Lori Hamel opposed having a minimum-ni t stay requirement, proposed that those with violations and issues lose their permits, alio responsible STL owners to continue to rent to responsible tenants, and requested to economic report on the proposed changes. Jolene Capparelle shared her family's experien-ce r ntlj�g their STL unit and asked Council to protect her rights and not to penalize h"er for those do not comply. Ken Rawson believed the City should enforce regulations and not grant permits to owners that do not comply with the rules, stated that there are 1,510 active STL permits and only 87 complaints, and noted ,hat Council approved a 24-hour answering service that has not been implemented yet, and belibved da ved from the service can allow the City to pull permits. ll� Laura Curran*ddvised tt a drug and alcohol recovery facility adjacent to her property does not follow local, County, and State codes and violated its agreement within six months of signing the agreement in 2012, stated that the City should help residents work with State licensing agencies to attYh conditions to all licenses and permits, and asked Council to work with the State to vigorously enforce licensing requirements. Frank Capparelle believed the answering service should count complaints against both STL and long-term renters. Sue Reed asked Council to reconsider the requirement for a second person to be on-call for complaints as this is unreasonable for a STL permittee and preferred no minimum -night requirement. Scott McFetters, Newport Island, commented that enforcing an ordinance is not easy and stated that parking violations should count against retaining a STL permit. Craig Wallace urged Council to halt the next phase until the results of the new regulations are available, to act on evidence, and not to apply solutions to problems that do not exist for most STLs. Bud Reveley believed the number of permits should remain at the current number and asked if there are illegal units in the City and, if so, how many. Volume 64 - Page 509 City of Newport Beach Study Session and Regular Meeting September 8, 2020 Avo Abadizian opposed increasing the minimum night stay, indicated the STL ban would have weighed heavily on his decision to purchase a home in Newport Beach, and believed some of the issues could be resolved by regulating long-term rental homes. Jacqueline Wittmeyer expressed disappointment with the Planning Commission's discussion and hoped Council would consider that she relies on her long-term rental for income. Carol McDermott, representing Burr White Realty, Balboa Vacation Rentals, Sea Breeze Vacation Rentals, and Abrams Coastal Properties, indicated the goal of the Ad Hoc Committee was to balance the needs of property owners and residents, believed the standards of Phase 1 and Phase 2 are designed to diminish STL as it has existed for years, noted the Planning Commission voted to deny Phase 2 regulations, stated the findings for Phase 2 are misleading and unfair in describing all tourists as burdens, believed comparing Newport Beach to cities without miles of coastal and bay frontage is unfair, Phase 2 should be postponed, regulations must be approved by the Coastal Commission which has determined that STL is a permitted right, supported a three -night minimum, the STL ban forced visitors into more crowded situations and prevented new STL owners from obtaining permits, the ban prevents a single- family homeowner who proposes a tear down/rebuild from rPPgtaining a STL permit, the proposed cap will limit coastal access and reduce Transient Occupancy Tax (TOT) paid to the City, the proposed cap does not address inactive permits or a mechanism for acquiring new permits as inactive permits expire, suggested Council consider a different process for allowing new permits and require permitholders to pay a minimum of $1,000 in TOT hnnually, which will reduce the number of permits, STL comprises only 7 percent of totq dwellings on the Peninsula, the Good Neighbor Policy and the Nuisance Response Plan need further clarification, a guest contract could address the policy and response plan, the Phase 1 ordinance should require a minimum age of 25 years to rent a STL, a local contact person should be located within 5 miles of the property, violation and penalty provisions shoiLld b'b based on the issuance of clearly defined standards, a minimum of one parking space per promerty is acceptable, and Council should consider occupancy limits. Tresa Holloway discussed -her reason for p4chasing a STL unit, agreed with instituting an age limit of 25 years or more, a three -night minimum stay, and a cap, believed the language of the current ordinance is very negative and only allows negative input to Council through the dedicated phone line, suggested hiring a patrol or private security to monitor and help enforce some of these restrictions, and believed STL owners and management companies should form some type o alliance. Pete Evans p sed a 6- * t minimum and indicated he has adapted to a three -night minimum and has been a I for with no complaints. Mayor Pro Tem ery noted a housing revolution across the State, which is changing neighborhoods, stated the solution to noise, parking, and trash complaints is robust and fair/equitable code enforcement, but code enforcement boils down to dollars, believed the City should invest more money into code enforcement and education, noted that he has always felt the vast majority of STL owners/operators are good, but the City needs to focus on violations of all types in all neighborhoods. He suggested that neighbors also form their own peaceful solutions to the problems. Council Member Dixon indicated she watched the Planning Commission meeting and did not believe they fully understood the circumstances. Community Development Director Jurjis agreed in that the Planning Commission has not spent 18 months on the subject, unlike the Ad Hoc Committee. Council Member Dixon noted the Ad Hoc Committee separated the changes into items that do and do not require Coastal Commission approval, noting the recommended minimum night stay and cap on permits will need to go to the Coastal Commission. Community Development Director Jurjis explained that staff recommended bifurcating the ordinances, staff believes the Coastal Commission will support the proposal, and Newport Beach has the most Volume 64 - Page 510 City of Newport Beach Study Session and Regular Meeting September 8, 2020 STLs of any city of its size. In response to Council Member Dixon's question, Community Development Director Jurjis advised that from the City's standpoint, the City has a permit program with conditions; therefore, it is a conditional permit to operate STLs and is not a property right. City Attorney Harp concurred and advised that a STL is allowed through an annual permit and that permits do not vest anyone with a property right, and it can be withdrawn. However, he explained that a long-term lease or a rental agreement for more than 30 days is a property right. Council Member Dixon clarified that Council is trying to find peace between STL owners/management companies and residents. Community Development Director Jurjis reiterated that there is no recommendation to take permits away from anyone, the goal is more enforcement, and the program is reactive as residents report issues to code enforcement, added that the 24-hour hotline will track data, and noted that complaints reported after business hours should be directed to the Police Department. Council Member Dixon related that good STL operators will not be affected by the recommendations. Community Development Director Jurjis asked Council to provide feedback regarding establishing a cap, as current permitholders might lose their permits through a lottery system. Council Member Dixon explained that a property owner cannot demolish a duplex and build a single-family home, stated that the City needs to think about the impacts of replacing single-family homes with duplexes or quadraplexes on neighborhoods and STLs, and' dicated that the Regional Housing Needs Assessment (RHNA) allocation will be an interesi�ing conflict between the Coastal Commission and the Governor because STLs remove homes from the housing stock. Community Development Director Jurjis noted the number of illegal units have dropped significantly, between10-20. Council Member Dixon supported a three -night. minimum and a cap because STLs decrease the housing stock and believed that the City should conduct an Environmental Impact Report (EIR) of STL impacts on the community. 0 if Council Member Herdman stated he wants this industry to thrive in the City and noted that it has never been the intent of the Ad Hoc Committee to eliminate this industry. Jim Mosher commented that placing a cap on STL Hermits would increase the value of homes with permits, added that if Council does not place a cap, the proliferation of STL permits might decrease home values because the proliferation may change the complexion of neighborhoods, believed a lottery system would be very difficult to managi because of the property owners' uncertainty of obtaining a permit each year, noted that AF claims that there is no evidence of a need for the Ad Hoc Committee and its recommendatio s are not true, and stated his support for establishing a cap and a minimum three -night stay. Council Member Brenner emphasized that the Planning Commission was put at a disadvantage by having to weigh in after only a couple of hours of testimony, stated that the Ad Hoc Committee has gone through an extensive process of revisions and meetings and has tried to balance the rights of STL operators and residents. In response to her question, Community Development Director Jurjis indicated STLs have grown 50% in the last six or seven years, probably due to online platforms. Council Member Brenner believed not regulating STLs would change the community from residential to one big hotel, noted that Council may need to consider using the 24-hour phone service for all nuisance violations, and stated support for the minimum rental age of 25 years of age and the possibility of adopting Airbnb's no -party -policy. Mayor O'Neill believed the language Council has used in the ordinance is particularly harsh against this industry, inquired to the statistic for the conversion of STLs to homes on Balboa Island, expressed concern about Coastal Commission approval if there is not an evidence -based approach, noted that the 24-hour answering service will be operating soon and if the complaints are valid, they will result in citations, and expressed his desire to see an economic analysis to understand the impacts of STLs on City revenues. Council Member Muldoon favored less regulation and continuing the item until the economy has recovered. With Mayor Pro Tem Avery and Council Members Brenner, Dixon, Duffield, and Herdman agreeing, there was a 5-2 straw vote to require a three -night minimum stay. Volume 64 - Page 511 City of Newport Beach Study Session and Regular Meeting September 8, 2020 With Mayor Pro Tem Avery and Council Members Brenner, Dixon, and Herdman agreeing, there was a 4-3 straw vote to institute a cap of 1,550 STL permits. With Council Member Brenner disagreeing, there was a 6-1 straw vote to allow STL permits upon the death of the permitholder to be transferred to a family member or heir such that the transfer is not considered a new permit. With Council Member Brenner disagreeing, there was a 6-1 straw vote to allow STL permits to be transferred/assigned to a new owner upon the sale of the property. With Mayor Pro Tem Avery and Council Members Brenner, Dixon, and Herdman agreeing, there was a 4-3 straw vote to impose an age limit of at least 25 years to rent a STL. III. PUBLIC COMMENTS Mayor O'Neill announced that Closed Session will be continued to the September 22, 2020 City Council meeting. Jim Mosher believed the description of the Closed Session item is opaque and suggested language for a future notice, commenting that if the item pertains to a sale of the property, Council should publicly discuss the desirability of selling the property prior to dis ssing a price. He further believed that two of the Future Agenda Items involve ballot measures, an y may not se taxpayer funds to tell voters whether they should support or oppose ballot measur Matthew Hurray inquired about opening the Balboa Is an boallydwalk. Sylvia Santana advised that the Big Canyon Coastal Nabi estoration and Adaptation Project is occurring under her balcony and requested a rtview of the p ect due to the removal of trees and the destruction of the trail. V An unidentified speaker thought the Big Canyo astal Habitat Restoration and Adaptation Project area was a bird sanctuary and ,requested clarific n from the City about what has been removed and what is planned to be removed in the near future. An unidentified speakXr stated the trees in the Big Canyon Coastal Habitat Restoration and Adaptation Project area were providing value and asked Council to take it seriously in order to save some of the trees and accomplish the project. IV. CLOSED SESSION—lontin r d to the September 22, 2020 City Council meeting A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 883 W 15th Street, Newport Beach, CA 92660 APN: 424-011-37 Agency Negotiators: Seimone Jurjis, Community Development Director Lauren Wooding Whitlinger, Real Property Administrator Negotiating Parties: David Bahnsen for Pacifica Christian High School — Orange County Under Negotiation: Instruct negotiators as to price and terms of payment. V. RECESSED — 6:37 p.m. VL RECONVENED AT 7:00 P.M. FOR REGULAR MEETING Volume 64 - Page 512 City of Newport Beach Study Session and Regular Meeting September 8, 2020 VII. 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 VIII. CLOSED SESSION REPORT — None IX. INVOCATION — Council Member Brenner X. PLEDGE OF ALLEGIANCE — Council Member Dixon XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Duffield: • Commended the Police, Fire and Harbor Departments for fting the public over the weekend and believed the Harbor Department needs additional st Council Member Muldoon: • Noted Orange County moved to the red tier staalif nia's Blueprint for a Safer Economy criteria, which means schools may re -open W • Requested a future agenda item to consider the openi arks and playground equipment Council Member Herdman: • Attended the Water Quality/Coastal Ti lands Commiffee meeting and received an update regarding the trash wheel project, an Airport Task Force meeting, a meeting with Congressman Rouda to discuss sea level rise, a meeting of the Technical Departures Subcommittee, which will lobby the Board of Supervis regarding FiBased Operator (FBO) leases at its September 15, 2020 meeting Council Member Brenne�r: • Attended a Distric£6 Town Hall regarding traffic issues and loud vehicles on August 27, 2020, noted that community committees are working on various topics, added that complaints should be made to the Police Department at 949-64-3717, noted that the presentation is available on the City's website, the Coron� del Mar Residents Association's website, and the Chamber's website, and announced a survey of Corona del Mar residents will be conducted Council Member Dixon: Wr • Announced the City is encouraging residents to write to the Board of Supervisors regarding the General Aviation Improvement Plan (GAIP) • Thanked public safety personnel for their efforts over the Labor Day weekend • Announced a virtual Town Hall for District 1 is scheduled for September 14, 2020, at 5:30 p.m. • Requested a future agenda item to adopt a resolution to announce the City's commitment to end child marriage in California Mayor Pro Tem Avery: • Attended a Board meeting of the Orange County Sanitation District (OCSD) Mayor O'Neill: • Utilized a slide to announce that registration for fall recreation programs opened on September 1, 2020 Volume 64 - Page 513 City of Newport Beach Study Session and Regular Meeting September 8, 2020 XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of an emergency ordinance to enforce State guidance on face coverings by administrative citation [Brenner] There was no consensus to bring the item back at a future meeting. • Consideration of opposing California Proposition 15 [Dixon & O'Neill] Mayor O'Neill, Mayor Pro Tem Avery, Council Member Dixon, Council Member Duffield, and Council Member Muldoon concurred to bring this item back at a future meeting. • Consideration of ways to expand the Newport Beach Municipal Code to address code violations, including short term lodging, fireworks, and noise complaints [Dixon] Council Member Brenner, Council Member Dixon, and Council Member Herdman concurred to bring the item back at a future meeting. • Consideration of supporting California Proposition 20 [1uldoon] Mayor O'Neill, Mayor Pro Tem Avery, Council Mer Dixon, Council Member Duffield, and Council Member Muldoon concurred to bring this itelm'15ack at a f meeting. • Resolution to Express the City Council's Appreciation two the Newport Beach Fire Department for All the Mutual Aid Provided During 2020 [O'Neill] Adib- The City Council unanimously concurred to bring the item back at a future meeting. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Nancy Scarbrough, addressing Item 8 (Approval of a Purchase Agreement with South Coast Fire Equipment, Inc. for Pierce Manufacturing Fire Apparatus), noted the 3% discount for advance payment and purchase of a performance lbgd, and asked i f the City could earn more than 3% by delaying payment until the truck is ready. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the August 22020 City Council Regular Meeting [100-20201 Waive reading of subjeinutes, 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. ORDINANCE FOR ADOPTION 3. Ordinance No. 2020-20: Non -Exclusive Commercial Solid Waste Franchise Agreements [73/100-20201 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. 2020-20, An Ordinance of the City Council of the City of Newport Beach, California, Granting the 2020 Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services within the City of Newport Beach to the 15 so named companies. Volume 64 - Page 514 City of Newport Beach Study Session and Regular Meeting September 8, 2020 RESOLUTION FOR ADOPTION 4. Resolution No. 2020-77: Acceptance of the State of California, Department of Parks and Recreation, Division of Boating and Waterways Grant for Replacement of the City's Public Vessel Sewage Pumpout Stations (C-8650-1) [100-20201 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Adopt Resolution No. 2020-77, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Acceptance of Grant Agreement C8963454 between the State of California Department of Parks and Recreation, Division of Boating and Waterways and the City of Newport Beach For Seventy -Five Percent of the Replacement Cost for Five Public Vessel Sewage Pumpout Stations in Newport Harbor; c) Authorize the City Manager to sign and execute the Grant Agreement and subsequent related documents as may be related to the replacement of the City's public vessel sewage pumpout stations throughout Newport Harbor; and d) Approve Budget Amendment No. 21-004 recognizin $79,705.57 in increased grant contributions in Account No. 13501-431385-20H13 an ropriates $79,705.57 in increased expenditures for the Vessel Sewage Pumpout Replac provement project (Account No. 13501-980000-20H13). CONTRACTS AND AGREEMENTS 5. Annual Concrete Replacement Program - Noti ompletion for Contract No. 7682-1 (20R06)) [38/100-20201 a) Accept the completed work and authorize the ity to file a Notice of Completion for the project; b) Authorize the City Clerk to release thRabor and aterials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Perfor nce Boi one year after acceptance by the City Council. 6. West Coast Highway Median Landscaping Phase 2 — Notice of Completion for Contract No. 7189-2 (181,11) [38/100-20201 a) Accept 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. 7. FY 2019-20 Streetlight Improvement Project (Eastbluff) - Award of Contract No. 7661-2 (20V02) [38/100-20201 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Relieve Alfaro Communications Construction, Inc. (ACCI) of their bid; d) Award Contract No. 7661-2 to International Line Builders, Inc. for the total bid price of $723,858 (base bid plus additive bid items), and authorize the Mayor and City Clerk to execute the contract; and e) Establish and encumber a $74,142 (approximately 10 percent) contingency amount to cover the cost of unforeseen work not included in the original contract. Council Member Muldoon recused himself from Item 7 due to previous business interest conflicts. Volume 64 - Page 515 City of Newport Beach Study Session and Regular Meeting September 8, 2020 S. Approval of a Purchase Agreement with South Coast Fire Equipment, Inc. for Pierce Manufacturing Fire Apparatus (C-8634-2) [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; b) Waive City Council Policy F-14; and c) Approve a Purchase Agreement with South Coast Fire Equipment, Inc. for a not to exceed amount of $1,629,343.01 for the purchase of two, Pierce Manufacturing Type 1 Fire Apparatus. 9. Services Agreement for Public Safety Helicopter Services with the City of Huntington Beach (C-8285-2) [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 it will not result in a physical change to the environment, directly or indirectly; and b) Approve the services agreement for public safety helicopter support between the City of Huntington Beach and the City of Newport Beach, and authorize the Mayor and City Clerk to execute the Agreement. Mayor O'Neill recused himself on Item 9 due to a family relationship conflict. 10. Acceptance of the State of California Office of Traffic Safety Selective Traffic Enforcement Program Grant (C-8201-5) [38/100-2020] 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) Authorize the Mayor to sign the Selective Traffic Enforcement Program (STEP) Grant Agreement and accept a $237,000 award granted to the NBPD by the OTS pursuant to City Council Policies F-3 and F-25. To comply with City Council Policy F-3, the City Council must formally accept the award of $237,000 and create a new appropriation to expend the funds; and c) Approve Budget Amendment No. 21-001 increasing NBPD revenue estimates and expenditure appropriations by $237,000. A//6Y1I DIIII!<WgDf/1dC5 11. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library and Appropriate Funds to the Library's Fiscal Year 2020-21 Maintenance and Operation Budget [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) Accept a check in the amount of $200,000 from the Friends of the Newport Beach Library and approve Budget Amendment No. 21-003 to increase expenditures by the same amount in Division 0106052 (Friends of the Library). 12. City Hall and Limited Off -Site Holiday Closure from Thursday, December 24, 2020 through Friday, January 1, 2021 [100-2020] 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; and b) Approve closing the Civic Center and providing limited services at off-site facilities from Thursday, December 24, 2020 through Friday, January 1, 2021. All facilities would reopen on Monday, January 4, 2021. The proposed closure does not apply to public safety services or emergency on-call functions. Volume 64 - Page 516 City of Newport Beach Study Session and Regular Meeting September 8, 2020 13. Response to the Recommendations of the Orange County Grand Jury Report "Protecting Those Who Protect and Serve" [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 and send the response. Motion by Mavor Pro Tem Averv, seconded by Council Member Muldoon, to approve the Consent Calendar; and noting Mayor O'Neill's recusal on Item 9, Council Member Muldoon's recusal on Item 7, and the amendments to Item 1. The motion carried unanimously. XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Hoiyin Ip indicated September is Coastal Cleanup Month, asked Council Members to participate in clean-up day, requested the plan for the trash and toxics reduction ordinance, and shared a video on single -use plastics. Stephanie Riggs requested the one-way signs on Balboa Island be taken down Dorothy Kraus, addressing Future Agenda Items, expressed concern regarding the use of tax dollars to oppose and support Propositions 15 and 20, respectively, and questioned whether it is legal. Doyle Borden requested removal of the one-way signs on Balboa Island because they detract from the beauty of the area. An unidentified speaker supported taking down the one-way signs on Balboa Island, which are intrusive and no longer necessary. An unidentified speaker supported removing the one-way signs on Balboa Island due to concerns about safety and shaming users. John Larson asked Council to look into banning electric bikes on sidewalks due to speeding. XVIII. PUBLIC HEARING 14. Ordinance Nos. 2020-22 and 2020-23: Newport Airport Village Planned Community Development Plan (PA2014-225) [100-2020] Deputy Community Development Director Campbell utilized a presentation to discuss the vicinity map, the area map, the applicant's request, density of the project, the General Plan Amendment map, an anomaly in the General Plan, the General Plan airport area residential unit table, and General Plan policy waivers. Mayor O'Neill referenced page 14-6 and noted the construction of 329 units in the 7.14 acres of Planning Area 1 would be an effective density of 46 units/acre, with the density bonus the effective density would be 69 units/acre, and only two-thirds of the area is buildable, which is a much denser project. Deputy Community Development Director Campbell advised that C alTrans is involved with housing near airports and the conflicting rules predate the housing crisis. In response to Council Member Dixon's questions, Deputy Community Development Director Campbell indicated the required minimum of 493 dwelling units is too dense, the General Plan requires a minimum 30 dwelling units/acre and a maximum 50 dwelling units/acre over the entire Volume 64 - Page 517 City of Newport Beach Study Session and Regular Meeting September 8, 2020 residential village (both planning areas), applying the minimum density to Planning Area 1 only results in a project denser than the General Plan's vision, and the planning areas were created specifically to keep residential units away from the safety zone and the 65 CNEL; the Planned Community (PC) text does not allow residential units in Safety Zone 3, but allows residential units in Safety Zone 6, which covers the entire area; the regulations in the PC text make this project consistent with the written plan, but the Airport Land Use Commission (ALUC) found it inconsistent with the plan; Council may approve the project and override ALUC's finding, and Council approved providing a Notice of Intent to Override on July 28, 2020. City Attorney Harp explained assignment and transfer of liability and immunity, and added that the City will not be held liable if Council approves the project. Deputy Community Development Director Campbell related that the value of parkland used to calculate an in -lieu fee is based on appraisals conducted in 2007. In response to Council Member Herdman's question, Deputy Community Development Director Campbell advised that staff does not delay applications based on potential amendments to the General Plan, added that Council could choose to postpone the item for the Housing Element Update, noted that this project is an opportunity to create a housing opportunity site for the upcoming Housing Element Update, and further noted that the e is no actual project proposed. In response to Mayor Pro Tem Avery's questions, Depritym Wmunity Development Director ALCampbell indicated CalTrans' concerns were the same as UC' ncerns, stated that the property owner is willing to put housing on this site, and the housing calcouat toward the RHNA allocation, noted that the majority of the housing in the project will not be affordable housing, probably around 5%, and confirmed the project may provide 329-44�,Knits, d'4ending on the density bonus. In response to Council Member Brenner�lestions, Deputy Community Development Director Campbell could not say whether the number of housing units required by the upcoming Housing Element would be the same or more than the number regxired by the current Housing Element, because policies have not been determined for the uing Housing Element. In response to Mayor O'Neill's question, Ci Attorney Harp advised that the development agreement vests the applicant with the right uild the project. Deputy Community Development Director Campbell explained that the develo ent agreement provides two terms, 15 years for the residential component and 20 years for the ommercial component, noted the applicant could build housing at any tipple within that 15 -year period, and staff intends to include the housing in the Housing Element because they believe it will be built within the next RHNA cycle. Deputy Community Development Director Campbell continued the presentation with the components of a pakk dEk1cation waiver, the Zoning Code amendment, the conceptual plan, and the development agreemen In response to Counci Member Dixon's questions, Deputy Community Development Director Campbell indicated the project would have some outdoor spaces, and noted that the terms of development agreements have extended beyond 10 years, but staff feels 15 years is an appropriate term given the uncertainty of the housing market. Council Member Dixon wished to know the value of the property to calculate the park in -lieu fee. Deputy Community Development Director Campbell further discussed the California Environmental Quality Act (CEQA) analysis, the Airport Environs Land Use Plan (AELUP) map, ALUC inconsistent findings, project benefits, the public hearing timeline, the staff recommendation, and future actions. In response to Mayor Pro Tem Avery's question, Deputy Community Development Director Campbell related that the ALUC typically finds significant residential projects located in the Airport Area inconsistent, the height of the residential component will be around 85 feet, five to six stories, the height limit for the Airport Area is 150 feet, the public safety fee was negotiated because there is no formula to calculate it, the fee is similar to fees negotiated for other projects, and the City may Volume 64 - Page 518 City of Newport Beach Study Session and Regular Meeting September 8, 2020 need to develop a financing district to finance the ongoing costs of public safety equipment and personnel. Council Member Dixon believed the City needs a policy framework for development agreements to provide some certainty and suggested that the Finance Committee work with staff to craft a policy. Patrick Strader, applicant representative, shared the history of the project since 2005, the ALUC's 2014 findings of inconsistency, the voters' failure to adopt Measure Y, density and acreage requirements, the applicant's request for a development agreement, ALUC findings, the applicant's offer to pay $2 million within 30 days of signing the agreement, and the reasons for a 15 -year term. Mayor O'Neill opened the public hearing. Jim Mosher remarked that Council should reflect on the timing of the project, the fiscal impact report, and the net cost of the project to the City, and added that Council cannot consider comments it has not heard. Nancy Scarbrough believed the percentage of low income and very low-income units is low and 10,000 housing units will be needed to fulfill the RHNA all t* for affordable housing. Hearing no further testimony, Mayor O'Neill closed the public hearing. Motion by Mayor O'Neill, seconded by Council Member Herdman, to a) adopt Resolution No. 2020-78, A Resolution of the City Council of the City oNewport Beach, California, Adopting Environmental Impact Report Addendum No. ER2020-00V to the 2006 General Plan Update Program Environmental Impact Report and 2014 General Plan Land Use Element Update Supplemental Environmental Impact Rep&?'for the Newport Airport Village Planned Community Development Located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; an)4525, 4533, ani 4647 MacArthur Boulevard (PA2014- 225); b) waive full reading, direct the City Clerk to ready by title only, introduce Ordinance No. 2020-22, An Ordinance of the City Council of the City of Newport Beach, California, Approving Zoning Code Amendment No. CA2014-009 and Planned Community Development Plan No. PC2020- 02 Establishing the Newport Airport Village Planned Community Development Plan Located at 4341, 4361, and 4501 Birch Street; 4320, 40; 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and .4525, 4533, and 4647 MacArthur Boulevard (PA2014-225), and pass to second reading on Septen-Ar 22, 2020; and c) waive full reading, direct the City Clerk to ready by title only, introduce Ordinance No. 2020-23, An Ordinance of the City Council of the City of Newport Beach, California, Approving Development"Agreement No. DA2014-003 for the Newport Airport Village Planned CommuniV Development for the Property Located at 4341, 4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard (PA2014-225), and pass to second reading on September 22, 2020. With Council Member Brenner voting "no," the motion carried 6-1. XIX. CURRENT BUSINESS 15. Emergency Ordinance No. 2020-008: Mandatory Social Distancing, Face Coverings, and Restrictions on Walk -Up Bars for Eating and Drinking Establishments [100-2020] Council Member Brenner indicated on August 10, 2020, Council Members received a letter from former Mayors and Council Members, who have formed Recover Newport on the Road to Recovery, asking Council for this consideration, noted the City's status has changed since August, but this is an opportunity for the community to voluntarily use masks and not suffer another spike, stated the City is close to being able to reopen businesses and schools, and believed Council should talk about this in terms of the effects of the City's new tier on the proposed ordinance. Volume 64 - Page 519 City of Newport Beach Study Session and Regular Meeting September 8, 2020 Council Member Dixon supported the spirit of the ordinance. In response to her question, Community Development Director Jurjis reported there is one walk-up bar, the Peninsula Kitchen and Bar. Mayor Pro Tem Avery noted restaurants are allowed 25% capacity, but bars are still closed, stated that code enforcement will ensure businesses and customers remain healthy, and added that if COVID-19 recurs this winter, Council will need to act quickly to support guidelines and balance guidelines with personal freedom. In response to Council Member Muldoon's question, Community Development Director Jurjis reported that the Police Department enforces State laws, code enforcement handles the conditions of approval for emergency use permits and contacts businesses that are the subject of complaints, the County Health Department ensures business staff follow public health protocols, the Alcohol Beverage Control (ABC) Board has been ensuring alcohol service remains within the confines of the dining area, and the City has issued warnings in response to complaints. Council Member Muldoon believed the legal entities for enforcement are already in place and the proposed ordinance is not needed at this time. Mayor O'Neill noted the proposed ordinance is covered by exis. g County and State health orders, the Police Department can enforce the health orders wneces hen sary, County health agencies have their own orders that can be enforced by the Sheriffs Department and the health agencies, the City Manager participates in calls on Fridays with other Ma rs, City Managers, and the Orange County Health Director and CEO, and noted the County wi ore aggre sive than other agencies. Council Member Dixon thanked Community Devel pment Director Jis and his staff for approving permits for 110 restaurants, as the vast majority of restaurants and bars are complying with local and State mandates. In response to her question, Community Development Director Jurjis advised that one code enforcement officer works Saturda and SS day, and every month a small team conducts nighttime restaurant and bar inspections In response to Council Member Brenner's question, City Manager Leung did not believe anything else is needed, as the new tier continues the guidelines for social distancing and masks, which are requirements of the City's emergency ordinanceland temporary use permits. Jim Mosher believed Council could not�l6p out the proposed ordinance because there is a noticing problem and noted that the description and staff report refer to walk-up bars, but the proposed ordinance refer to dining areas in all eating and drinking establishments. Motion b Mao ' eill onby Council Member Dixon, to table the item indefinitely. The motion 16. Coronavirus (COVID-19) Update [100-20201 City Manager Leung used a presentation to discuss the Blueprint for a Safer Economy, Orange County's movement from the purple tier to the red tier, new cases and positive tests in the County, red tier highlights, and reopening updates for the Central Library, City Hall, community centers, and the OASIS Senior Center. In response to Council Member Muldoon's question, City Manager Leung indicated the City does not have any guidance for reopening the OASIS Senior Center gym, but staff can ask for clarification. Fire Chief Boyles continued the presentation with a discussion of wildfire mutual aid, the most acres burned in California's history, and the red flag warning for today through Wednesday night. He reported that there were no serious public safety issues over Labor Day weekend, noted more than 310,000 people visited the beaches, 330 Code 3 responses occurred, and Lifeguards performed 51 ocean rescues. Volume 64 - Page 520 City of Newport Beach Study Session and Regular Meeting September 8, 2020 N om Council Member Brenner related that she has never seen as many emergency vehicles as she saw over the weekend and thanked all personnel on behalf of Council. Fire Chief Boyles continued the presentation with a report on the COVID-19 response, case trends with 18 to 34 year old's having the highest rate, testing, and hospitalization/ICU status. Mayor O'Neill noted the current Reproduction Rate (RT) in California is 0.84, reported the new tier guidelines only track two categories: positivity rate and case counts, which is adjusted case counts, indicated there may be a strong push for more testing in Orange County, especially at super center sites, such as the Orange County Fairgrounds, because more testing may result in a lower positivity rate, and stated that essential workers may be tested at super center sites. Council Member Muldoon suggested the infectious rate is assumed unless testing proves otherwise. Mayor O'Neill believed everyone should be tested, but noted Dr. Chau advised him that elected officials should not encourage all residents to be tested because it could create a testing backlog, and that essential workers should be tested regularly. In response to Mayor O'Neill's questions, City Clerk Brown reported that the Orange County Registrar of Voter's Office has agreed to provide five-day vote centers at the City Hall Community Room, Marina Park, OASIS Senior Center, and Newport Coast Comm 'ty Center and added that drop boxes will be available as well. Jim Mosher noted the Council's previous concer out the'Newport Beach Restaurant Business Improvement District (BID), understood Council's allocation of $80,000 to Restaurant Month was supposed to benefit all food establishmentsAlftally, but the program seems to be selective, and stated that the source of funding for prizes has not been disclosed. MOTION FOR RECONSIDERATION — None ADJOURNMENT — Adjourned at 9:31 p.m. yin memory of George Argyros Jr. The agenda was posted on the City's websitYand on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on September 3, 2020, 4:00 p.m. Leilani I. Brown City Clerk Will O'Neill Mayor Volume 64 - Page 521