HomeMy WebLinkAbout09/22/2020 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
September 22, 2020
I. ROLL CALL - 4:02 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. PUBLIC COMMENTS
Jim Mosher noted Brown Act requirements for Closed Session Item A, detailed various concerns
pertaining to the potential price and terms of the listed property, stated that Council Members not being
able to comment on future agenda items does not provide an impression that the Council is a thoughtful
government, and believed considering a commitment to end child marriage was not a proper matter for
the Council.
Tony Duran, addressing Item 17 (Ordinance No. 2020-24: Amending Chapter 12.54 of the Newport
Beach Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program), believed there has
been an increase in the use of micro mobility devices during the pandemic and believed banning electric
bikes would be a mistake.
City Attorney Harp reported that the City Council would adjourn to Closed Session to discuss the items
listed in the Closed Session agenda and read the titles.
III. CLOSED SESSION - Council Chambers Conference Room
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.
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 2 matters
IV. RECESSED - 4:07 p.m.
V. RECONVENED AT 5:05 P.M. FOR REGULAR MEETING
VI. 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
VII. CLOSED SESSION REPORT
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City Attorney Harp announced that no reportable actions were taken.
VIII. INVOCATION - Mayor O'Neill
IX. PLEDGE OF ALLEGIANCE - Council Member Dixon
Without objection, Mayor O'Neill requested to take Item 4 out of order.
4. Resolution No. 2020-80: Supporting the Newport Beach Fire Department [100-20201
Fire Chief Boyles discussed the challenges of COVID-19 and the deployments to wildfires,
referenced a video taken by Captain Chad Ponegalek, and expressed appreciation to Council and
the community for their support of the firefighters.
Mayor O'Neill read the resolution; and Mayor O'Neill, Mayor Pro Tem Avery, Council Member
Herdman, Council Member Dixon, Council Member Duffield, Council Member Muldoon, and Council
Member Brenner expressed their appreciation to the Fire Department.
Motion by Mayor O'Neill, seconded by Council Member Muldoon, to a) determine this action
is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2)
and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to
the environment, directly or indirectly; and b) adopt Resolution No. 2020-80, A Resolution of the City
Council of the City of Newport Beach, California, Supporting the Newport Beach Fire Department.
The motion carried unanimously.
X. PRESENTATIONS
• Proclamation Recognizing International Literacy Day
Library Services Director Hetherton introduced Cherall Weiss, Newport Mesa ProLiteracy
Coordinator, and Paul Watkins, Chair of the Board of Library Trustees. Ms. Weiss shared statistics,
the mission of the Literacy Services Program, learners' goals for 2019, and the effects the program
had on the learners.
Mayor O'Neill read the proclamation, which will be presented to Ms. Weiss and Trustee Watkins in
the newly reopened Central Library.
Council Member Duffield indicated the graduation ceremony for the Literacy Services Program is
unforgettable.
Southern California Edison (SCE) Update on Wildfire Prevention and Mitigation
Strategies
James Peterson, SCE Senior Policy Advisor, expressed SCE's appreciation to the firefighters during
the wildfires. He utilized slides to provide wildfire preparedness tips, discuss SCE's response to
COVID-19, Newport Beach's High Fire Risk Areas (HFRA), strategies to present, combat, and
respond to wildfires, the Wildfire Mitigation Plan which includes advanced weather modeling,
Newport Beach situational awareness and vegetation management, Public Safety Power Shutoffs
(PSPS) decision points and ideal timeline, enhancements to communications, customer care
programs, attempts to reach vulnerable communities, investing in communities, contacting SCE,
and additional resources.
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In response to Council Member Dixon's questions, Mr. Peterson discussed the different types of
power outages, identification of communities to be impacted by outages, the timeframes for outage
notices to the community, the adequacy of power supplies, and the effectiveness of raising the air
conditioner thermostat.
In response to Mayor Pro Tem Avery's question, Mr. Peterson indicated SCE does not recommend
generators but offers programs to assist customers with purchasing generators.
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Herdman:
• Worked on future agenda items, future projects, and a single -use plastic ordinance for the Water
Quality/Coastal Tidelands Committee to review.
• Attended the Board of Supervisors meeting with Council Member Dixon regarding the General
Aviation Improvement Program (GAIP), and participated in a phone conference to prepare for a
third meeting with the Federal Aviation Administration (FAA) regarding commercial aviation,
however the FAA meeting was cancelled.
• Read hundreds of emails and worked with and responded to constituents.
Council Member Dixon:
• Attended the Board of Supervisors meeting regarding leases with Fixed Base Operators with Mayor
O'Neill and Council Member Herdman, noted that the City, community, and activists are united
and for the first time ever, constraints have been defined for general aviation operations at John
Wayne Airport (JWA) to address quality of life issues.
• Requested a future agenda item regarding additional restrictions for surrey use on the Peninsula.
Council Member Brenner:
• Referenced a slide to highlight the Community Arts Survey.
• Commended Code Enforcement Officer Hernandez and provided his work phone number (949-644-
3717).
• Announced Corona del Mar residents will hear noise for the next three nights due to the
preparations to resurface Pacific Coast Highway.
• Requested a future agenda item to discuss the General Plan Update. Mayor O'Neill advised that
Council would discuss an amendment to the resolution creating the Housing Element Update
Advisory Committee at the next meeting.
Mayor O'Neill:
• Utilized slides to announce the shred event taking place at the Harbor Day School parking lot on
October 17, from 8:00 a.m. to 12:00 p.m., and National Voter Registration Day.
• Met with his Newport Harbor High School mentee.
• Attended a Transportation Corridor Agency (TCA) Board meeting.
• Participated in the blood donation event on September 21 in the Community Room.
• Announced a Finance Committee meeting on September 24 at 3:00 p.m.
• Advised that school speed limits will be in effect and traffic patterns will change when elementary
schools open next week.
• Requested a future agenda item regarding maintaining outdoor dining in some fashion.
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of opening parks and playground equipment [Muldoon]
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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.
• Resolution to announce the City's commitment to end child marriage in California
[Dixon]
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.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Muldoon, addressing Item 5 (Resolution No. 2020-81: Supporting the Criminal
Sentencing, Parole, and DNA Collection Initiative (Proposition 20)), explained the proposition.
In response to Council Member Dixon's questions about Item 11 (Approval of Beach Fire Rings Security
Professional Services Agreement with Lyons Security Service, Inc.), Police Support Services
Administrator Stafford reported the item pertains to a contract with the same firm that the City has
used since 2015 to educate beach fire ring users, and noted the contractor is not empowered to enforce
ordinance provisions but advised to contact the Police Department who will enforce the ordinance.
In response to Council Member Brenner's question regarding Item 6 (Resolution No. 2020-82: Opposing
California Proposition 15 — "Tax on Commercial and Industrial Properties for Education and Local
Government Funding Initiative (2020)'), City Attorney Harp reported there was no legal impediment
to Council taking a position on a proposition. Mayor O'Neill noted Council did the same in 2014.
Jim Mosher, addressing Item Nos. 1 (Minutes for the September 8, 2020 City Council Regular Meeting),
5 and 6, corrected a typographical error and his comments in the minutes, and commented that the two
resolutions direct staff to publish all arguments on one side of a ballot measure, which is not allowed.
Denys Oberman, addressing Item 11, asked Council to revisit the contract in light of the use of fire rings
being prohibited during COVID-19 and believed funding for the contract could be reallocated to
enforcement.
Laura Curran, addressing Item Nos. 3 (Resolution No. 2020-79: Medi -Cal Managed Care Rate Range
Intergovernmental Transfer (IGT) Program), 7 (Civic Center Park Pathway Replacement — Award of
Contract No. 7879-1 (21P12)) and 8 (Approval of Agreement for Landscaping Maintenance of Medians
and Roadsides with BrightView Landscape Services, Inc. (C-8651-1)), inquired regarding the increase
in return over the 2014 period and a maximum amount that could be returned, believed the contingency
fee was being mixed with funding for unforeseen circumstances at the dog park, which would lead to
additional expenditures, and suggested the staff report include a discussion of the major work items and
a map of the locations.
In response to Council Member Dixon's question, Mayor O'Neill indicated Item 11 would be removed
from the Consent Calendar.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 8, 2020 City Council Regular Meeting [100-20201
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.
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RESOLUTIONS FOR ADOPTION
3. Resolution No. 2020-79: Medi -Cal Managed Care Rate Range Intergovernmental Transfer
(IGT) Program [381100-20201
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;
b) Adopt Resolution No. 2020-79, A Resolution of the City Council of the City of Newport Beach,
California, Authorizing the Mayor and City Manager, or Designees, to Execute Agreements and
Amendments with the Department of Health Care Services (DHCS) and CalOptima to Participate
in the Rating Period of July 2019 through December 2020 Medi -Cal Rate Range
Intergovernmental Transfer (IGT) Program;
c) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement Regarding
Transfer of Public Funds with the California Department of Health Care Services (C -8085-3E);
d) Authorize the Mayor and City Clerk to execute the Health Plan -Provider Agreement
Intergovernmental Transfer Rate Range Program Agreement with CalOptima (C -8085-2D); and
e) Approve Budget Amendment No. 2020-010 increasing revenue estimates and expenditure
appropriations related to the Medi -Cal IGT Program. Additional revenues are estimated to be
up to $1,015,975 in Medi -Cal IGT Program funds (account number 01040404-431246) and
increased expenditure appropriations are estimated to be up to $549,858 in Medi -Cal IGT
Program expenditures (account number 01040404- 821008).
4. The item was taken out of order and discussed after the Pledge of Allegiance
5. Resolution No. 2020-81: Supporting the Criminal Sentencing, Parole, and DNA Collection
Initiative (Proposition 20) [100-20201
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) Adopt Resolution No. 2020-81, A Resolution of the City Council of the City of Newport Beach,
California, Supporting Proposition 20, the `Reducing Crime and Keeping California Safe Act."
6. Resolution No. 2020-82: Opposing California Proposition 15 - "Tag on Commercial and
Industrial Properties for Education and Local Government Funding Initiative (2020)"
[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) Adopt Resolution No. 2020-82, A Resolution of the City Council of the City of Newport Beach,
California, Opposing California Proposition 15, Entitled, "Tax on Commercial and Industrial
Properties for Education and Local Government Funding Initiative (2020)."
Council Member Brenner abstained on Item 6.
CONTRACTS AND AGREEMENTS
7. Civic Center Park Pathway Replacement -Award of Contract No. 7879-1 (21P12) [381100-
20201
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (d) (Restoration of deteriorated or damaged existing facility) 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. 7879-1 to Civic Construction Associates for the total base bid amount of
$155,000.00, and authorize the Mayor and City Clerk to execute the associated construction
contract; and
d) Establish $31,000.00 (approximately 20 percent) contingency to cover the possible cost of
unforeseen conditions, as well as some anticipated extra work and/or material quantities.
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8. Approval of Agreement for Landscaping Maintenance of Medians and Roadsides with
BrightView Landscape Services, Inc. (C-8651-1) [381100-2020]
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) Approve a one-year agreement with six one-year term extensions with BrightView Landscape
Services, Inc. for the Landscape Maintenance of Medians and Roadsides, for a total not -to -exceed
amount of $16,350,000 and authorize the Mayor and City Clerk to execute the agreement; and
c) Approve Budget Amendment No. 21-011 appropriating $109,040 in increased expenditures in
Account No. 0108031-811018 from the General Fund unappropriated fund balance and $63,800
in increased expenditures in the Water Utilities facility maintenance account (7019052-851062)
from the Water Enterprise Fund unappropriated fund balance to fund services in FY 2020-21.
The increased annual cost of $298,000 will be included in the FY 2021-22 budget.
9. Award of Maintenance and Repair Services Agreement with Quality Commercial
Cleaning, Inc., DBA Spectrum Facility Maintenance, for Sidewalks, Piers and Public Area
Steam Pressure Washing Services (C-8652-1) [381100-2020]
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 a five-year agreement with Spectrum Facility Maintenance for Sidewalk, Piers and
Public Area Steam Pressure Washing maintenance services for a total not -to -exceed amount of
$1,471,703 and authorize the Mayor and City Clerk to execute the agreement.
10. Architecture Services — Amendment No. Three to On-call Professional Services
Agreement with WLC Architects, Inc. (Contract No. 8122-1) [381100-2020]
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) Approve Amendment No. Three to WLC's PSA, to add $75,000 to the current contract for a total
not -to -exceed amount of $350,000; and
c) Authorize the Mayor and City Clerk to execute the amendment.
11. Removed from the Consent Calendar
MISCELLANEOUS
12. Planning Commission Agenda for the September 17, 2020 Meeting [100-2020]
Receive and file.
13. Budget Amendment to Accept a Check from the Victor Klein Trust on behalf of the
Newport Beach Public Library Foundation 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) Approve Budget Amendment No. 21-008 to increase revenue estimates by $25,000 for Library
Foundation Donations (Account 0106051-511085) and to increase expenditure appropriations
by the same amount in the Division Library Foundation division (Org No. 0106051).
Motion by Mayor Pro Tem Avery, seconded by Council Member Muldoon, to approve the
Consent Calendar, except for Item 4 since it was discussed earlier in the meeting and the item removed
(Item 11); and noting the abstention to Item 6 by Council Member Brenner and the amendments to
Item 1.
The motion carried unanimously.
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XVI. ITEM REMOVED FROM THE CONSENT CALENDAR
11. Approval of Beach Fire Rings Security Professional Services Agreement with Lyons
Security Service, Inc. (C -8485-2A) [38/100-2020]
Deputy Police Chief Birch discussed Coastal Development Permit (CDP) requirements for fire rings,
including the ambassador role of the security company, confusion surrounding fire rings, compliance
subject to education, and the need for the Police Department to handle enforcement.
In response to Council Member Dixon's questions, Deputy Police Chief Birch stated that the Police
Department enforces the proper use of fire rings, however utilizing the security company is more
efficient and cost effective than utilizing staff for education. City Manager Leung clarified that fire
rings are open for use except on poor air quality days.
In response to Council Member Brenner's question, Deputy Police Chief Birch explained that Police
Officers may file a complaint with the District Attorney for a Municipal Code violation, but the
process is lengthy, stated that Police Officers generally have more success in obtaining compliance
than the security company, noted that Police Officers issue citations for fires occurring outside the
fire rings, and added that the security company educates the public about the proper disposal of
coals and ashes and not placing trash in fires.
In response to Council Member Herdman's question, City Manager Leung believed the cost for the
security company could be considered a mandated cost.
In response to Jim Mosher's questions, City Manager Leung noted that the contract with the
security company expired in April, and a vendor did not provide education from May until today,
stated that during that time, the Police Department responded to complaints and fire rings were
closed for much of that time due to COVID-19.
Motion by Mayor O'Neill, seconded by Council Member Herdman, to a) determine this action
is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2)
and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the
environment, directly or indirectly; and b) approve a professional services agreement for beach
security services relating to City -owned fire rings with Lyons Security Service, Inc. of Anaheim,
California ("Lyons") in an amount not to exceed $320,000 ("Agreement"), and authorize the Mayor
and City Clerk to execute the Agreement.
The motion carried unanimously.
XVII. PUBLIC COMMENTS ON NON AGENDA ITEMS - None
XVIII. PUBLIC HEARINGS
14. Community Development Block Grant Program Year 2019-20, Consolidated Annual
Performance and Evaluation Report (C-8209-6) [381100-2020]
Mayor O'Neill opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Muldoon, seconded by Council Member Duffield, to a) find this
activity 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; b) approve the Program
Year 2019-20 CAPER; and c) authorize the City Manager or her designee to submit the Program
Year 2019-20 CAPER to HUD.
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The motion carried unanimously.
15. Ordinance Nos. 2020-22 and 2020-23: Newport Airport Village Planned Community
Development Plan (PA2014-225) (C-7755-1) [38/100-2020]
Deputy Community Development Director Campbell described the application requests, future
development of housing in the Airport Area, and the actions before Council.
In response to Mayor O'Neill's question, Deputy Community Development Director Campbell
advised that the applicant obtained a Federal Aviation Administration (FAA) determination for the
correct height of 85 feet and the PC text is consistent with the FAA's determination that there will
be no threat to air navigation.
In response to Council Member Brenner's question, Deputy Community Development Director
Campbell explained that the Regional Housing Needs Assessment (RHNA) allocation could be
achieved through a variety of strategies, noted the Housing Element Update process would provide
policies to encourage housing development, and stated that the RHNA allocation was a planning
goal rather than a development goal.
In response to Council Member Muldoon's questions, Deputy Community Development Director
Campbell reviewed the process for allocation of housing numbers throughout Southern California,
noted that on October 13, staff would present an update to the Housing Element, and stated that
staff is working with the California Department of Housing and Community Development (HCD)
and the Southern California Association of Governments (SCAG) to develop a percentage of the
accessory dwelling units (ADU) that might be developed and categorized as low or very low income
units. Council Member Muldoon noted the financing for affordable housing had changed such that
a combination of market -rate and affordable housing was needed to make a development project
feasible. He added that he prefers to focus on providing housing in general, letting the market set
the price, and accepting Development Agreement fees instead of mandating affordable housing in
development projects.
In response to Mayor Pro Tem Avery's questions, Deputy Community Development Director
Campbell clarified that the legislative action will allow a future development comprised of market -
rate and affordable housing units, stated that ADUs will count towards the City's RHNA allocation,
noted that a project similar to the Newport Airport Village project is in the pipeline, and added that
construction costs are limiting the number of stories in these projects. Mayor Pro Tem Avery
commented that the potential project was a start toward meeting the RHNA number, believed the
community may not fully understand ADUs, and added that an R-1 property could contain three
housing units.
In response to Council Member Dixon's questions, Deputy Community Development Director
Campbell indicated that the Airport Land Use Commission (ALUC) will review General Plan
Amendments for development projects in the Airport Area, stated that the ALUC found noise was
incompatible with a housing development, noted that Council had received input through the
process and disagreed with the ALUC's finding, advised that the pilots association submitted
comments regarding their displeasure with a future project in the Airport Area, and added that staff
would return in November with new appraisals to increase the park in -lieu fee for developments.
Council Member Brenner disclosed ex -parte communications with Ken Picerne and his staff
regarding the potential for his company to develop this project in the future and affordable housing.
Mayor O'Neill noted HCD's guidelines will address ADUs, hoped the guidelines would provide a
much higher use of ADUs, and believed the City and the ALUC could see the project differently from
a policy standpoint but one agency would make the final decision.
Mayor O'Neill opened the public hearing.
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Jim Mosher believed that Council should vote no because the action would decrease the value of the
property to the City, not require the property owner to provide any low or very low income housing,
and a housing project will generate more complaints about airport noise.
Patrick Strader, Starpointe Ventures, on behalf of property owner John Saunders, thanked staff for
their work and diligence in bringing this before Council and addressed Mr. Mosher's concerns.
Nancy Scarbrough stated the potential project could provide a total of 49 very low and low income
units, believed the Housing Element Update Advisory Committee (HEUAC) is not having luck
finding additional suitable sites for housing in the Airport Area, and believed the HEUAC should
review the project.
Hearing no further testimony, Mayor O'Neill closed the public hearing.
Motion by Council Member Muldoon, seconded by Council Member Duffield, to a) adopt
Resolution No. 2020-83, A Resolution of the City Council of the City of Newport Beach, California,
Finding 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;
and 4525, 4533, and 4647 MacArthur Boulevard is Consistent with the Purposes of the State
Aeronautics Act and Overriding the Orange County Airport Land Use Commission's Determination
that it is Inconsistent with the Airport Environs Land Use Plan for the John Wayne Airport (PA2014-
225); b) adopt Resolution No. 2020-84, AResolution of the City Council of the City of Newport Beach,
California, Adopting General Plan Amendment No. GP2014-004 and Waiving General Plan Policies
LU 6.15.7and LU 6.15.13 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; and 4525, 4533, and 4647 MacArthur Boulevard (PA2014-225); c) waive full
reading, direct the City Clerk to read by title only, and adopt 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. PC2020-002 Establishing the Newport
Airport Village Planned Community Development Plan 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 4647MacArthur Boulevard (PA2014-225); and d) waive full reading, direct the City Clerk
to read by title only, and adopt 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 Community 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).
The motion carried unanimously.
16. Resolution No. 2020-85: Approval of Short Term Lodging Permit and Renewal Fees [100-
20201
Mayor O'Neill opened the public hearing.
Jim Mosher inquired about the cost for the answering service, as it contributed to the increase of
the permit fee.
Denys Oberman did not believe the increase will cover the cost for the service and enforcement
Hearing no further testimony, Mayor O'Neill closed the public hearing.
Motion by Council Member Herdman, seconded by Council Member Dixon, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) adopt Resolution No. 2020-85, A Resolution
of the City Council of the City of Newport Beach, California, Modifying the Schedule of Rents, Fines,
and Fees and Adopting Short Term Lodging Permit Initial Fee and Renewal Fee.
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With Council Member Muldoon voting "no," the motion carried 6-1.
XIX. CURRENT BUSINESS
17. Ordinance No. 2020-24: Amending Chapter 12.54 of the Newport Beach Municipal Code
Pertaining to the Oceanfront Boardwalk Safety Program [100-20201
City Clerk Brown recused herself due to real property interest conflicts.
Principal Engineer Sommers utilized a presentation to discuss the February 11 study session, use
and safety concerns pertaining to the Oceanfront Boardwalk, the Oceanfront Boardwalk Safety
Program and additional regulations, proposed amendments to Chapter 12.54 of the Municipal Code,
signs and striping, radar feedback signs, speed calming devices and the Rumble Strip
Demonstration Project at Castaways Trail, the Oceanfront Boardwalk Improvement Project, surrey
cycles, and recommendations.
In response to Council Member Muldoon's questions, Principal Engineer Sommers explained that
speed bumps suitable for slowing a bicyclist would cause problems for other users, noted that
redesigning the speed bump to eliminate the problems for other users would render the speed bump
ineffective for bicyclists, and added that staff will research additional measures.
In response to Council Member Dixon's questions, Principal Engineer Sommers indicated the
requirement for regulatory signs, the operation of radar feedback signs, methods to regulate speeds
in other cities, the prohibition of surreys and skateboards, a drop-off in Segway use, and the
inclusion of electric bikes in the definition.
In response to Mayor Pro Tem Avery's questions, Principal Engineer Sommers noted congestion on
the Oceanfront Boardwalk and the need for California Coastal Commission consideration on
improvements.
Council Member Herdman indicated that he desired to dedicate the fine increase toward having
more enforcement and believed a second boardwalk would not solve the problem.
Council Member Dixon believed signage could be effective with enforcement.
In response to Mayor O'Neill's questions, Police Chief Lewis shared data from the last survey of the
Oceanfront Boardwalk between 15th and 16th Streets in August, stated that enforcement, education,
and engineering are components of the solution, noted that officers issue hundreds of citations every
year on the Oceanfront Boardwalk, and added that signage is required for enforcement.
In response to Council Member Herdman's question, Police Chief Lewis clarified that the design of
the Oceanfront Boardwalk is conducive to speeding while congestion is not, stated that electric bikes
have added complexity to the situation, noted that speeds are not enforced on the boardwalk at
Huntington State Beach, and believed that the Oceanfront Boardwalk is different because it is
located next to residential homes. Council Member Herdman understood engineering could be a
significant factor in a solution.
At Council Member Dixon's request, Police Chief Lewis described the composition and
responsibilities of the Peninsula Enforcement Team and stated that resources are deployed to the
areas where they will have the most impact.
Council Member Brenner reviewed the current tasks Council assigned to the Police Department and
noted that physical solutions may be more effective than enforcement. Police Chief Lewis reiterated
that enforcement is part of the solution.
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September 22, 2020
In response to Council Member Herdman's question, City Manager Leung agreed to provide written
information regarding efforts to control speed on the Oceanfront Boardwalk. Council Member Dixon
suggested violators do not read City communications, believed an innovative solution is needed,
suggested that increased Police presence on summer weekends could be effective, and noted that
Google Maps has the Oceanfront Boardwalk listed as a bike path. Public Works Director Webb
explained that speed deterrents for bicyclists are rare because of the liability, Caltrans does not
provide standards for this, and added that the number and use of electric devices are growing.
Council Member Herdman noted sandwich boards for directional walking were effective. Public
Works Director Webb added that the Oceanfront Boardwalk is a part of bicyclists' commute trips.
In response to Mayor Pro Tem Avery's question, Public Works Director Webb advised that separate
paths for bikes and pedestrians, and moving bikes away from houses could be advantageous.
Council Member Muldoon believed signage and physical deterrents are more effective and a better
use of resources than Police Officers, noted that with the early release of criminals, Police Officers
should focus on protecting the community, and stated that he would not support banning electric
bikes, but confirmed he would support separate paths or widening the Oceanfront Boardwalk.
Council Member Duffield emphasized that signage already states that motorized vehicles are
prohibited, which electric bikes are, and believed that banning them will not work but physical
deterrents are the solution.
Council Member Herdman related that Council received 354 emails on this topic with 344 in favor
of banning electric bikes and acknowledged that Council cannot ignore this significant amount of
public input.
Denys Oberman stated the importance of the issue and offered revisions to the proposed ordinance
and signage, and expressed her opposition to installing physical deterrents.
Joe Angelo believed that the Oceanfront Boardwalk is dangerous, noted that motorized skateboards
are on the Oceanfront Boardwalk at all hours, and believed a ban of all electric -powered vehicles
and enforcement are needed.
Jim Mosher believed the digital speed signs are useful, suggested that the sign flash after 8 mph
and indicate that a violation has occurred, stated an increase in the fine is okay, and added that the
Municipal Code language should refer to all users of the Oceanfront Boardwalk.
Fred Levine believed that the Oceanfront Boardwalk is dangerous, the community needs action,
suggested that part of the solution is enforcement, and spoke in favor of banning motorized devices.
Maureen Cotton, Central Newport Beach Community Association, agreed with comments that the
Oceanfront Boardwalk is dangerous and understood the limitations of the Police Department when
regulating speed on the Oceanfront Boardwalk.
Rudy Svrcek stated that his family uses electric bikes for transportation, believed in increasing
Police presence, suggested fine amounts be posted, and added that a Police substation on the
Peninsula would make a difference.
Buzz suggested evaluating the problem from the perspective of denying people the opportunity to
enjoy electric bikes or remedying a significant safety issue, stated that electric bikes provide people
with mobility, and believed signage will be ignored.
Jason David indicated he and his disabled son use an electric three -wheel cruiser, believed speed
violators should receive tickets, and stated that a ban on electric bicycles would penalize his son.
Max Johnson believed consistent and clear signage are important and believed the Municipal Code
should have a broad category of all devices.
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City of Newport Beach
Regular Meeting
September 22, 2020
An unidentified speaker stated he could no longer walk on the Oceanfront Boardwalk because of the
danger, believed City administration does not want to enforce regulations, and noted the solution is
to create an Oceanfront Boardwalk with two separated and dedicated lanes.
Peter Hoffman advised that he rarely sees Police Officers on his daily trips on the Oceanfront
Boardwalk and believed that enforcement is all that is needed.
Marlyn Natell commented that the existing signage is wordy, suggested the language reflect "pedal
bikes and pedestrians only," believed that ADA motorized vehicles are not causing the City
problems, suggested that volunteers with whistles could direct users to obey the law, and noted that
cars also travel on the Oceanfront Boardwalk.
Sean Lupton -Smith, Electric Bike Company, stated that soon pedal bicycles and electric bicycles
will look the same, noted that the issue is speed, and believed flashing speed limit signs would be
useful.
Mike Glenn recommended people supervise their children when they are aware of dangerous
situations, stated that speeding is the issue, not the type of device, and believed Police Officers
should ticket speed violators.
Carmen Rawson supported a ban on electric vehicles on the Oceanfront Boardwalk and inquired
about the Police Officer who was hired for the Oceanfront Boardwalk. Mayor O'Neill clarified that
a Police Officer was hired for no specific purpose.
Tony Duran, EV Rideables, concurred with the comment that the issue is the rider, noted that speed
is a choice, stated that electric bikes are not categorized as a motorized vehicle, and believed some
bikes can travel faster than electric bikes.
Blake, Electric Bike Company, reiterated that speed is the issue and enforcement should resolve the
problem.
An unidentified speaker believed electric bikes are dangerous and suggested that all cities post
speed limit signs, enforce regulations, and require riders to walk their bikes in crowded areas.
In response to Mayor O'Neill's question, City Attorney Harp advised that Mr. Mosher's suggestion
for "all users" is simpler, explained that under the Vehicle Code, the City can regulate only certain
types of devices, staff has listed the types of devices in the proposed Ordinance, the Vehicle Code
may not list every device, and stated that the language may be changed to "no user of the boardwalk
shall exceed 8 mph." Mayor O'Neill proposed changing the next two sections to "no user of the
boardwalk shall engage in any activity that creates an unreasonable risk of injury to any person"
and "users of the boardwalk shall keep to the right of the center line except when passing," but not
delete the definitions.
Council Member Muldoon believed the issue is real, Police Department resources are better spent
handling other regulations, and the best way to deal with this is physical deterrents.
Council Member Dixon conceptually supported Mayor O'Neill's proposed changes but questioned
how it could be translated to signage, believed that enforcement is not the only solution, and
proposed permitting all bikes on weekdays only from May through September, and every day the
rest of the year, and recommended implementing it in 2021.
In response to Mayor O'Neill's question, City Attorney Harp indicated the agenda item was noticed
as direction to staff, noted that staff can revise the proposed ordinance to implement the proposal,
or Council can introduce the proposed ordinance, with Mayor O'Neill's changes, and staff will return
with a separate ordinance for the proposal.
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City of Newport Beach
Regular Meeting
September 22, 2020
Council Member Dixon amended her proposal to revise the proposed ordinance as Mayor O'Neill
suggested and direct staff to return with an ordinance to permit bikes on weekdays only from May
through September and any day of the week for the remainder of the year.
Mayor O'Neill suggested a Council Member move his suggested modification and suggested that,
following a vote on the motion, Council Members can discuss changes, and he will conduct straw
polls on the changes.
Mayor O'Neill revised his modification to "no person using the boardwalk shall exceed 8 mph," "no
person using the boardwalk shall engage in any activity that creates an unreasonable risk of injury
to any person," and "any person using the boardwalk shall keep to the right of the center line except
when passing."
Motion by Council Member Herdman, seconded by Council Member Dixon, to a) determine
this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical
change to the environment, directly or indirectly; and b) waive full reading, read by title only,
introduce amended Ordinance No. 2020-24, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Chapter 12.54 of Title 12 of the Newport Beach Municipal Code
Pertaining to the Oceanfront Boardwalk Safety Program, and pass to second reading on October 13,
2020.
In response to Council Member Muldoon's question, City Attorney Harp explained the proposed
language, the proposed fines, and affirmed that supporting the motion would increase the fines.
Council Member Muldoon expressed his opposition for increasing the fines.
With Council Member Muldoon voting "no," the motion carried 6-1.
City Manager Leung noted a CIP item to study strategies for widening or separating the boardwalk.
With Mayor Pro Tem Avery and Council Members Brenner, Dixon, and Herdman agreeing, there
was a 4-3 straw vote for staff to return with an ordinance to limit the boardwalk from Memorial Day
to Labor Day to pedestrians only on weekends with more enforcement.
There was a unanimous straw vote for staff to return with a discussion regarding slowing bicycles
through the use of physical deterrents and study what other cities have been doing.
There was a unanimous straw vote for staff to return with a report on the trial at Castaways Trail.
With Mayor Pro Tem Avery and Council Members Brenner, Dixon, Herdman, and Muldoon
agreeing, there was a 5-2 straw vote for staff to return with a discussion of removing the hold from
the CIP item to review the feasibility of widening the boardwalk or adding a second boardwalk.
18. Coronavirus (COVID-19) Update [100-20201
City Manager Leung utilized a presentation to discuss the California Blueprint for a Safer Economy,
Orange County's tier status, testing centers, and the reopening of City facilities.
Fire Chief Boyles continued the presentation with an update about responses, local case trends, and
hospitalizations.
Mayor O'Neill discussed Dr. Clayton Chau's comment that people are less likely to get tested when
County numbers decrease.
Volume 64 - Page 534
City of Newport Beach
Regular Meeting
September 22, 2020
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - Adjourned at 9:44 p.m. in memory of Tom Naughton
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
September 17, 2020, at 4:00 p.m
Will O'Neill
Mayor
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Leilani I. Brown
City Clerk
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