HomeMy WebLinkAbout01 - MinutesMarch 9. 2021
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Study Session and Regular Meeting
February 23, 2021
I. ROLL CALL - 4:00 p.m.
II.
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon (via Zoom), Council Member Noah
Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy
Duffield, Council Member Will O'Neill
SSI. Clarification of Items on the Consent Calendar - None
SS2. Presentation Regarding the Orange Coast River Park
Nancy Gardner, Orange Coast River Park Conservancy, reported the Orange Coast River Park
can provide many opportunities for outdoor activities, the property is owned by different
jurisdictions, three cities have signed a Memorandum of Understanding (MOU) but the County
has not, the Conservancy has identified small grants for which the cities may apply, committees
composed of residents have developed vision plans for Orange Coast River Park, and the request
is for each city to review and update the vision plans so that a master plan can be prepared.
In response to Council Member Dixon's questions, Ms. Gardner believed the budget contained a
placeholder for a $20,000 contribution and the Parks, Beaches and Recreation Commission
needs to update the ten -year-old vision plan. City Manager Leung clarified that the City's
contribution is contingent upon the other cities contributing funds and has been suspended due
to the COVID-19 pandemic.
In response to Mayor Avery's question, Ms. Gardner advised that Banning Ranch is a part of
the park.
SS3. Update on Homeless Strategies [100-2021]
Assistant City Manager Jacobs, Homeless Liaison Basmaciyan, and Police Officer Carter
utilized a p esentation to discuss team approach strategies, legal considerations, resource
availabihty�the homeless outreach team, demographics, the process for addressing citizen
concerns, City Net services, the Rapid Response Team, success stories, data for the past year,
the Costa Mesa Temporary Bridge Shelter, and other shelters.
Council Member 040pill suggested staff inquire about Ikea's furniture donation to the Bridge
Shelter and whether Costa Mesa needs the City's full contribution for furniture, fixtures, and
equipment.
Assistant City Manager Jacobs continued the presentation with descriptions of the Homeless
Ad Hoc Committee, county, state and federal partners, permanent supportive housing, and how
the public can help.
In response to Council Member Dixon's questions, Assistant City Manager Jacobs related that
29 people have been housed, homeless people come to staffs attention in multiple ways, and
motel rooms are a bridge to a shelter. Police Officer Carter added that permanent supportive
housing is one step toward permanent affordable housing.
Council Member Brenner commended staff and noted that the City has access to other shelters
and the community can call the Police Department at 949-644-3717 if they feel unsafe.
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Council Member O'Neill compared the City's homeless efforts today to the past and encouraged
community members to subscribe to the City Manager's Week in Review to receive homeless
updates.
In response to Council Member Blom's questions, Homeless Liaison Basmaciyan indicated work
at the transit center is a joint effort, and resident interaction is needed. Council Member Blom
thanked staff and encouraged them to reach out to Council with requests.
Council Member Duffield stated that temporary shelter is one element of a solution, his company
is manufacturing temporary shelter units, and encampments near Hoag Hospital have been
cleared.
In response to Council Member Dixon's questions, City Manager Leung reported that, if the
City's 20 beds in the temporary shelter are filled, staff will evaluate a program similar to Project
Roomkey, noted that the City used its affordable housing fund to pay for its share in the
temporary shelter, and stated that motel rooms along with funding will be needed for a Project
Roomkey program. Council Member Dixon noted United Way is using apartments for temporary
housing and acknowledged staffs good work.
Mayor Avery appreciated staff s ongoing efforts with the homeless population and educating the
community, and believed the City cannot call itself a great city until this problem is mitigated.
Jim Mosher discussed the previous Homeless Task Force and inquired regarding the selection
process and members of the Homeless Ad Hoc Committee.
Dr. Pete Anderson noted the homeless discussion initially focused on the Martin u. Boise decision
and asked if the City would enforce anti -camping ordinances if beds were sufficient for the need.
City Attorney Harp advised that shelter beds were needed to enforce the ordinances, and that
would be the direction for the City to move forward.
Nancy Scarbrough suggested the Police Department repurpose impounded bikes to provide to
the homeless.
Council Member Awill emphasized the City is not focused solely on Martin u. Boise but on
many steps before using the Police Department, the City is not partnering with Costa Mesa
solely to enforce encampment laws, the goal is to work with people and convince them to go into
shelters a4provide them with resources, and the last resort is enforcement of ordinances.
III. PUBLIC COMMENTS
Jim Mosher shared his research regarding the history of Item XIII (Matters for a Future Agenda) and
believed the policy needs to be followed rather than amended.
Council Member Brenner discussed Council's inability to ask questions about future agenda items under
Item XIII.
City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the
items listed in the Closed Session agenda and read the title.
IV. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 Matter
Property: A portion of the public right-of-way adjacent to 929 Zurich Circle (423-282-04) and
944 Via Lido Nord (423-281-10) (approximately 845 square feet).
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February 23, 2021
City Negotiators: Seimone Jurjis, Community Development Director and Lauren Whithnger,
Real Property Administrator.
Negotiating Parties: Palmer Luckey on behalf of the 929 Zurich Circle Trust and the 944 Via Lido
Nord Trust.
Under Negotiation: Instruction to City Negotiator regarding price and terms of payment.
V. RECESSED - 5:15 p.m.
VI. RECONVENED AT 5:47 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill
Absent: Mayor Pro Tem Kevin Muldoon (excused)
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IN. INVOCATION - Council Member O'Neill
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 O'Neill:
• Attended the Lott Trophy presentation, presented a proclamation for John Hamilton to his wife,
Kathy, and noted Mr. Hamilton will be the first inductee into the Lott IMPACT Trophy Hall of
Fame
Council Member Dixon:
• Attended the Aviation Committee meeting and the Southern California Association of Governments
(SLAG) Regional Council and Community Economic & Human Development Committee meetings
• Viewed the Mayor's State of the City and commended Mayor Avery
• Announced that the first District 1 Town Hall of 2021 is scheduled for March 18, 2021
Council Member Blom:
• Attended the Aviation Committee meeting
• Promoted business and economic activities, and encouraged everyone to shop local
Council Member Duffield:
• Noted local businesses are flourishing and encouraged businesses to keep trying
Mayor Avery:
• Attended meetings of the Orange County Sanitation District (OCSD) Administrative Committee,
Homeless Ad Hoc Committee, and Finance Committee
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XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
Consideration of a resolution modifying Council Policy A-1 to allow for discussion of
items appearing on the City Council Agenda under the category "Matters Which Council
Members Have Asked to be Placed on a Future Agenda" [Brenner]
With Mayor Pro Tem Muldoon absent, the City Council concurred to bring the item back at a future
meeting 6-0.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Dixon, addressing Item 15 (Fiscal Year 2020-21 Second Quarter Financial Report),
commended staff for continuing to manage the City's fiscal health and noted revenues were lower than
expected but higher than projected.
Lee Pearl, addressing Item 6 (Resolution No. 2021-12: Request for Petition Certification and Funding
for Proposed Underground Assessment District No. 124 (Central Balboa Island) and Approval of
Professional Services Agreement for Assessment Engineering (C-8627-2)), related that he, his wife and
other community members were the proponent committee for undergrounding utilities, they worked on
this project with integrity and without arm -twisting, an anked Council for allowing staff to handle
the project.
Jim Maloney, addressing Item 6, believed that many residents cannot afford $30,000 and expressed
concern about the interest rate presented in the information.
Dan Abbott expressed his support for Item And noted the suwrt of others he communicated with
City Attorney Harp advised that the exhibit attached to the resolution in Item 6 was amended and
should be noted in the motion. Assistant City Engineer Sinacori clarified that the petition certification
was revised the day prior to the meeting and 63.31% of the residents supported the petition.
Regarding Item 6, Jamshed Dastur questioned whether residents were aware of the process when they
signed the petition, questioned the interest rate, and believed the statement that signing the petition
was not legally binding are incorrect.
Bob McCaffrey, addressing Item 6, -discussed membership in the Balboa Island Improvement
Association (BIIA), the BIIA's campaign tactics, the deadline, and entities' eligibility to vote on the
petition. f
Addressing Item 6, Tom Awston noted that only property owners voted, there was no coercion, and
urged Council to approve the item.
Regarding Item 6, an unidentified speaker, indicated the BIIA Board of Directors and more than 60%
of the property owners support undergrounding utilities, people are working to obtain funding for those
who cannot afford the cost, and the BIIA did not state the cost would be $40,000.
David Tanner, addressing Item 3 (Ordinance No. 2021-4: Amending the Local Coastal Program
Implementation Plan to Include Balboa Village Parking Management Overlay District and Plan
(PA2017-046)), questioned the use of exemptions and asked if the exemptions are intended to enable
high-density developments.
Brian Ouzounian requested Council postpone Item 6 to have time to verify the votes, opposed the project,
questioned the accuracy of the vote in support of the project, and believed the City voting in support of
the project was brazen.
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Council Member O'Neill reported that the City has not yet voted on the proposal in accordance with City
Council Policy. Assistant City Engineer Sinacori added that the City -owned property represents
approximately 0.2% of the overall area of the district and noted that neither staff nor Council signed the
petition.
Regarding Item 5 (Resolution No. 2021-11: Waiving the Term Limits Established by Resolution No.
2012-115, Amending the Water Quality/Coastal Tidelands Committee Membership to Stagger the
Terms, and Confirming Appointments), Nancy Scarbrough hoped Council would come up with a process
to notify applicants of appointments to boards and commissions.
Dennis Bress, addressing Item 6, noted the west end of Balboa Island has completed Phase 1 of the
process, more than 60% of property owners support undergrounding Assessment District 124, and hoped
Council moves the item forward.
Council Member Dixon requested an amendment to Item 5 so the terms of the Water Quality/Coastal
Tidelands Committee members end on June 30, thus confirming s,Jkggered terms of 2.5 and 4.5 years.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1.
2.
Minutes for the January 30, 2021 City C
Regular Meeting [100-2021]
Waive reading of subject minutes, approended, and order filed.
Reading of Ordinances
and February 9, 2021
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
ORDINANCE FOR
3. Ordinance No.
Include Balboa
[100-2021]
'oastal Program Implementation Plan to
Overlay District and Plan (PA2017-046)
a) Find the acion statutorily exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3
of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements
of preparing an environmental impact report or otherwise complying with CEQA in connection
with the adoption of a Local Coastal Program; and
b) Conduct second reading and adopt Ordinance No. 2021-4, An Ordinance of the City Council of
the City of Newport Beach, California, Adopting Local Coastal Program Amendment
No. LC2017-001 as Modified by the California Coastal Commission to Amend Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to the
Parking Management Overlay District and Plan (PA2017-046).
RESOLUTIONS FOR ADOPTION
4. Resolution No. 2021-10: Eliminating the Inter City Liaison Committee and Repealing City
Council Resolution No. 89-132 [100-2021]
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. 2021-10, A Resolution of the City Council of the City of Newport Beach,
California, Eliminating the Inter City Liaison Committee and Repealing City Council Resolution
No. 89-132.
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Study Session and Regular Meeting
February 23, 2021
5. Resolution No. 2021-11: Waiving the Term Limits Established by Resolution No. 2012-115,
Amending the Water Quality/Coastal Tidelands Committee Membership to Stagger the
Terms, and Confirming Appointments [241100-2021]
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 amended Resolution No. 2021-11, AResolution of the City Council of the City of Newport
Beach, California, Waiving the Term Limits and Amending the Water Quality/Coastal
Tidelands Committee Membership to Stagger the Terms; and
c) Appoint Louis Denger, Tom Houston and George Robertson to serve on the Water
Quality/Coastal Tidelands Committee for two-year terms, and Peter Belden, Curtis Black,
Charles Francher and Richard McNeil to serve on the Water Quality/Coastal Tidelands
Committee for four-year terms.
6. Resolution No. 2021-12: Request for Petition Certification and Funding for Proposed
Underground Assessment District No. 124 (Central Balboa Island) and Approval of
Professional Services Agreement for Assessment Engineering (C-8627-2) [38/89/100-2021]
a) Staff recommends the City Council find this project exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15302(d) (conversion of overhead electric utility
distribution system facilities to underground including connection to existing overhead electric
utility distribution lines where the surface is restored to the condition existing prior to the
undergrounding);
b) Adopt Resolution No. 2021-12, A Resolution of the City Council of the City of Newport Beach,
California, Accepting Petition of Assessment District No. 124, including the amended Exhibit;
c) Approve Budget Amendment No. 21-031 to advance and appropriate $135,000 from General
Fund and increase expenditures in Account No. 67502-941006 (AD Assessment Engineering);
and
d) Approve Professional Services Agreement with NV5, Inc. of Irvine, CA for a not -to -exceed fee of
$135,000.00 for Assessment Engineering Services.
Council Member Blom recused himself on Item 6 due to real property interest conflicts.
7. Resolution Nos. 2021-13 and 2021-14: Proposed Assessment District No. 120 - Area Along
Santa Ana Avenue Between Old Newport Boulevard and Cliff Drive [89/100-2021]
a) The City Council deemed this project exempt from the California Environmental Quality Act
(CEQA) on November 24, 2020 pursuant to Section 15302(d) (conversion of overhead electric
utility distbution system facilities to underground including connection to existing overhead
electric util ty distribution lines where the surface is restored to the condition existing prior to
the undergrounding);
b) Adopt Resolution No. 2021-13, A Resolution of the City Council of the City of Newport Beach,
California, DeclariyT'its Intention to take Proceedings Pursuant to the Municipal Improvement
Act of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of 1915, and Make Certain
Findings and Determinations in Connection therewith, all relating to the Formation of
Assessment District No. 120; and
c) Adopt Resolution No. 2021-14, A Resolution of the City Council of the City of Newport Beach,
California, Preliminarily Approving the Assessment Engineer's Report and Fixing the Time and
Place of the Public Hearing for Assessment District No. 120.
S. Resolution No. 2021-15: Expressing Support for Actions to Further Strengthen Local
Democracy, Authority, and Control as Related to Local Zoning and Housing Issues [100-
2021]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
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b) Adopt Resolution No. 2021-15, A Resolution of the City Council of the City of Newport Beach,
California, Expressing Support for Actions to Further Strengthen Local Democracy, Authority,
and Control as Related to Local Zoning and Housing Issues.
CONTRACTS AND AGREEMENTS
9. Cameo Highlands Street Reconstruction - Notice of Completion for Contract No. 7067-2
(20R21) [38/100-2021]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
proj ect;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of Civil Code; and
c) Release Faithful Performance Bond one year after acceptance by the City Council.
10. Approve Amendment No. 1 to On -Call Professional Services Agreement with Caroline
Jack for Emergency Medical Services Nurse Educator Services (C-7191-4) [38/100-2021]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. 1 to the On -Call Professional Services Agreement with Caroline Jack
for Emergency Medical Services Nurse Educator Services for a not -to -exceed amount of $240,000
and extending the term limit to December 31, 2 22.
11. Approval of a Purchase Agreement with Soh Coast Fire Equipment, Inc., for Pierce
Manufacturing Fire Apparatus - Ladder Truck (C-8634-3) [38/100-2021]
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 bidding requirements as described in City Council Policy F-14 for this type of purchase;
and -4whL
c) Approve a single source Purchase Agreement with South Coast Fire Equipment, Inc., for a not -
to -exceed amount of $1,454,537.78 for the purchase of a Pierce Manufacturing (Pierce) 107'
Tractor -Drawn Aerial Fire Apparatus.
12. 2020 Orange County Operational Area Agreement of the County of Orange and Political
Subdivisions (C-8638-1) [38/100-2021]
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 ir1V physical change to the environment, directly or indirectly;
b) Approve the 2026, Orange County Operational Area Agreement of the County of Orange and
Political Subdivisions; and
c) Authorize the Mayor to execute the 2020 Orange County Operational Area Agreement of the
County of Orange and Political Subdivisions.
13. Professional Services Agreement with BellPort Group, Inc. for Balboa Yacht Basin
Management Services (C-8620-1) [38/100-2021]
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 3 -year Professional Services Agreement with BellPort Group, Inc. to manage the
Balboa Yacht Basin, with the option for two, one-year renewals at a not -to -exceed cost of
$866,000.00, and authorize the Mayor and City Clerk to execute the agreement.
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Study Session and Regular Meeting
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MISCELLANEOUS
14. Planning Commission Agenda for the February 18, 2021 Meeting [100/2021]
Receive and file.
15. Fiscal Year 2020-21 Second Quarter Financial Report [100-2021]
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) Receive and file.
Motion by Council Member O'Neill, seconded by Council Member Brenner, to approve the
Consent Calendar; and noting the amendments to Items 1, 5 and 6, and the recusal by Council Member
Blom to Item 6.
With Mayor Pro Tem Muldoon absent, the motion carried 6-0.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Jim Mosher noted that Council would be considering an increase in the residential recycling fee in one
month, believed Council did not have the authority to impose a recycling fee that contradicted Newport
Beach Municipal Code (NBMC) Section 6.04.140, and noted the advert;p and mailed notices regarding
filing a protest provide conflicting information. City Attorney Harp advised that protests cannot be
emailed to the City Clerk.
James Mahoney stated that refuse vehicles mix recyclables with garbage and he was offended by paying
a recycling fee when recyclables were hauled to the landfill with trash.
Nancy Scarbrough indicated the City's Accessory Dwelling Unit (ADU) ordinance is more restrictive
than state requirements, some existing granny units may meet state requirements but not the City's
requirements for ADUs, and Council should make complying with the ordinance as simple as possible
in order to fulfill the Regional Housing Needs Assessment (RHNA) allocation.
In response to Council Member Brenner's question, Community Development Director Jurjis related
that the City is altwed to enact an ADU ordinance that is more restrictive than state law, and the
ordinance is pending before the California Coastal Commission.
XVIII. PUBLIC HEARINGS
16. Ordinance No. 2021-5: Elimination of the Amortization Period for Nonconforming Signs
(PA2019-184) [100-2021]
Out of an abundance of caution, Council Member Duffield recused himself due to potential
business interest conflicts.
Mayor Avery opened the public hearing.
Jim Mosher supported staff s proposal and stated that staff is not proposing to delete NEW Section
20.42.180 regarding heritage signs, but noted he could not find a difference between heritage and
other nonconforming signs.
Community Development Director Jurjis reported that the heritage sign provision is discretionary,
and the Planning Commission makes the determination of what is deemed as a heritage sign.
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NIX
Hearing no further testimony, Mayor Avery closed the public hearing.
Motion by Council Member O'Neill, seconded by Council Member Dixon, to a) find this
project categorically exempt from the California Environmental Quality Act ("CEQA') pursuant to
pursuant to Section 15061(b)(3), the general rule that CEQA applies only to projects, which have
the potential for causing a significant effect on the environment and pursuant to Section 15265(a)(1),
which exempts local governments from the requirements of CE QA in connection with the adoption
of a Local Coastal Program; b) adopt Resolution No. 2021-16, AResolution of the City Council of the
City of Newport Beach, California, Approving General Plan Amendment No. GP2020-005 to Amend
Policy NR. 21.2 (Illegal Signs and Legal Nonconforming Signs) of the Natural Resources Element to
Remove theAmortization Nonconforming Signs (PA2019-0184); c) waive full reading, direct the City
Clerk to read by title only, introduce Ordinance No. 2021-5, An Ordinance of the City Council of the
City of Newport Beach, California, Amending Section 20.42.140 (Non -Conforming Signs) to Remove
the Amortization of Nonconforming Signs (PA2019-184), and pass to second reading on March 9,
2021; and d) adopt Resolution No. 2021-17, AResolution of the City Council of the City of Newport
Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2019-005 to
the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan)
of the Newport Beach Municipal Code and the Coastal Land,,Jie Plan to Remove Amortization of
Nonconforming Signs (PA2019-184).
With Mayor Pro Tem Muldoon absent and Council Member Duffield recusing himself, the
motion carried 5-0.
17. Ordinance No. 2021-6: Zoning Code Amendment to Allow the Operation of Wine Tasting
Rooms within the Industrial Zoning (IG) District (PA2020-042) [100-2021]
Community Development Director Jurjis indicated that a representative for Orange Coast Winery
requested a continuance, and continuing the item is within Council's discretion.
Mayor Avery opened the public hearing.
Emily Pollard supported adoption of the amendment because it supports small businesses.
Gordon Wanlass oppefthe amendment, acknowledged his written public comment submitted to
Council, and believed the request would drastically alter the purpose of the neighborhood, is
preferential treatment, parking is limited, and there is a concern for public safety.
Ian Elliott opposed the amendment, related that staff has not resolved the issues after two years,
and believed the area does not need to be rezoned to fix one business' problem. He added that his
letter to Council was submitted on time but was not part of the agenda packet.
Hearing no further testimony, Mayor Avery closed the public hearing.
Motion by Council Member O'Neill, seconded by Council Member Dixon, to continue the
item to the March 9, 2021 City Council meeting.
With Mayor Pro Tem Muldoon absent, the motion carried 6-0.
18. Oceanfront Boardwalk Update [100-2021]
City Clerk Brown recused herself due to real property interest conflicts.
Public Works Director Webb and Principal Civil Engineer Sommers utilized a presentation to
discuss the September 22, 2020 Council discussion, lack of community support for pedestrian -only
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restrictions, the Castaways rumble bump test deployment and noise issues for residents, bicycle
speed calming research, locations contacted and responses received, Newport Beach Oceanfront
joint use trail, trails in Huntington Beach, Hermosa Beach, Redondo Beach, Venice Beach,
Manhattan Beach, Long Beach, and Santa Monica, research findings, and the Oceanfront
Improvement Project for the Oceanfront Boardwalk, the Oceanfront parking lot, and McFadden
Square.
In response to Council Member Dixon's questions, Principal Civil Engineer Sommers noted that
Santa Monica has more beachfront than Newport Beach, and residents are not immediately adj acent
to the trail. He further noted that the engineering staff he spoke with did not have much information
regarding enforcement of the bicycle speed limit.
In response to Council Member O'Neill's question, Principal Civil Engineer Sommers advised that
he is following up regarding the Coastal Commission's input on the wider trails.
Deputy Police Chief Rasmussen continued the presentation to highlight the Boardwalk Ambassador
Pilot Program.
In response to Council Member Dixon's questions, Deputy Police Chief Rasmussen reported that
deployment can be based on need, each team reviews expectations, materials, and information prior
to patrolling the Boardwalk, the teams interact withthe public, respond to questions from the
public, focus on quality -of -life issues, and advise nQjWthorized vehicles to leave the Boardwalk,
and noted that motorized scooters, mopeds, and skate oards are not allowed on the Boardwalk.
Bud Reveley stated he switched from walking on the Boardwalk to the alleys because they are
peaceful, and believed the only solution is to separate the two paths.
Denys Oberman believed the data narrows the potential solutions, opposed speed bumps because
they do not address the issues, believed that a separate path would need many years and millions
of dollars and would not resolve the problems, inquired about a plan to transition from education to
enforcement, and stated that safety is a high priority for the community.
Maureen Cotton, President of the Central Newport Beach Community Association, remarked that
enforcement was not part of staff's directive, community associations do not want rumble strips
installed, enforcement is needed, and electric bikes travel too fast.
Carmen Rawson agreed that the issue is not infrastructure but the lack of enforcement, noted signs
do not stop skateboarding, and believed a wider Boardwalk would cause more problems.
Brian Ouzounian commented that visitors using the Boardwalk are not aware of the rules and bring
new devices from rental shops, believed that the vision for the Boardwalk should be part of the
Bicycle Master Plan and Circulation Element, and noted that staff's photos in the presentation do
not reflect the crowds on the Boardwalk.
George Humphrey indicated traffic on the Huntington Beach trail flows easily without having signs
or restrictions, and believed the only solution is widening the Boardwalk.
In response to Council Member Brenner's question, Principal Civil Engineer Sommers reported that
the California Vehicle Code does not consider electric bikes as motor vehicles.
In response to Council Member Dixon's questions, Principal Civil Engineer Sommers advised that
signage needs to be updated. Council Member Dixon stated that she wants enforcement, especially
if Disneyland remains closed over the summer.
Council Member O'Neill indicated Council would continue to review crime statistics and make
decisions on a citywide basis.
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19. Coronavirus (COVID-19) Update [100-2021]
City Manager Leung and Fire Chief Boyles utilized a presentation to discuss Orange County cases,
requirements for moving into the red tier, activity status, Orange County hospitalizations and ICU
cases, vaccine distribution, Phase 113, super sites, and employee tests.
In response to Council Member Dixon's question, Fire Chief Boyles advised that the Fire Department
has not conducted outreach to seniors because a Point of Distribution (POD) has not been established
at the OASIS Senior Center. City Manager Leung confirmed that OASIS staff is assisting seniors with
vaccination information and appointments.
Council Member O'Neill noted Council has committed to vaccinating Newport -Mesa Unified School
District employees if the County provides adequate doses, a couple of sites are focusing on vaccinations
for educators over the age of 65, and vaccination sites may need to be open in the evenings and on
weekends to accommodate them.
Council Member Brenner stated parents are anxious to have their children back in sports and shared
her vaccination experience.
Fire Chief Boyles added that the Junior Lifeguards Prograbe open this summer.
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT -Adjourned at 8:00 p.m. in memory of William (Bill) Monroe
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
February 18, 2021, at 4:00 p.m.
Leilani I. Brown
City Clerk
Brad Avery
Mayor
Volume 64 - Page 650