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HomeMy WebLinkAbout01 - MinutesApril 27, 2021 CITY OF NEWPORT BEACH Agenda Item No.1 City Council Minutes Special Meeting April 13, 2021 I. CALL THE MEETING TO ORDER - 3:00 p.m. II. ROLL CALL Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon (attended Closed Session via phone), Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill III. PUBLIC COMMENTS ON AGENDA AND NON -AGENDA ITEMS Jim Mosher believed there should have been an explanation provided to the public regarding the closed session item. IV. CLOSED SESSION V. A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9 (d)(2), (e)(1)): 1 Mayor Avery recessed the meeting at 3:04 members of the City Council present. CLOSED SESSION REPORT City Attorney Harp announced that no repo rta le actions were taken. VI. ADJOURNMENT - 4:00 p.m. at 4:00 p.m. with all The special meeting agenda was posted on twCity'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 April 12, 2021, at 11:30 a.m. 4 Leilani I. Brown City Clerk Brad Avery Mayor Volume 65 - Page 1 CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting April 13, 2021 I. ROLL CALL — 4:01 p.m. Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. National Library Week Proclamation [100-20211 SS3. SS4. Library Director Hetherton introduced Paul Watkins, Board of Library Trustees Chairman who indicated the Library is the cultural, educational, and informational heart of the community, acknowledged Mrs. Stahr's contributions to the Library, I*pressed appreciation for Council Members Dixon, Brenner, and O'Neill for reading to children the past week, commended Library staff for excellent work, and thanked Council for the proclamation. Mayor Avery read the proclamation and presa&it to Library Services Director Hetherton who thanked Council for their continuing DMV/Donate Life California Month Pi r ?0211 Rita Jackson spoke of her daughter who re6entl3 wssed and was an organ donor. She encouraged the public to visit donatelifecalifornia.org and register as organ donors, and thanked Council for proclaiming April as Donate Life Mon -1'r Mayor Avery read the proclamation and presented it to Ms. Jackson. 4 Crystal Cove Co a Presentation [100-20211 Kate Wheel Crystal Cove Conservancy President and CEO, utilized a presentation to share photos of Crystal Cove's back country habitat, coastline and coastal bluffs, and cottages; use of revenue from food service and cottage rentals; the history and preservation of the cottages; and education proghms. She thanked Council and the community for supporting Crystal Cove. SS5. Balboa Island Drainage [100-20211 Council Member Blom recused himself due to real property interest conflicts. Public Works Director Webb and Assistant City Engineer Stein utilized a presentation to discuss Balboa Island elevations and high tides, the storm drain system with tide gates, street flooding and pumping, proposed long-term drainage solutions, the pump station concept adjacent to Grand Canal, potential pump station locations, the discharge line concept for the south and north sides of Balboa Island, the west end pump station location, pumped flows at outlets within the bridge abutment, the pump station concept and maintenance, the gravity feed storm drain system, construction cost estimates for drainage system options, advantages of the pump station options, recommended options, construction challenges, the funding allocation schedule, the potential project schedule, and reasons for the project. In response to Mayor Pro Tem Muldoon's questions, Utilities Director Vukojevic indicated the overtime cost for the pumping response is about $200,000 per year, the overtime expense will be much less with an automated pump station, some storms and tides overwhelm staff's efforts, Volume 65 - Page 2 City of Newport Beach Study Session and Regular Meeting April 13, 2021 and having the proper equipment could prevent property damage. Assistant City Engineer Stein related that, if one station in a two -station system fails, the second station cannot replace the first, two pump stations are better than four pump stations because of maintenance costs, and tide gates and drains will be removed once a pump station is online. Public Works Director Webb clarified that multiple pumps are located in a pump station, an alternate pump can replace a failed pump in a station, a generator running on an alternative fuel source can power pumps during an electrical outage, cost and siting/access are the major factors in considering pump station options, and a one pump station may be better at this time. In response to Council Member O'Neill's questions, Assistant City Engineer Stein shared the advantages of micro -tunneling versus open cutting streets to install pipes, stated that Collins Bridge is in good condition, and the project will not affect it. Public Works Director Webb added that additional problems could make open cutting less expensive, $1.6 million covers the designing of the pump stations and underground storm drains, and designing street changes will be separate. Council Member O'Neill preferred a concept that does not puncture seawalls. In response to Council Member Dixon's questions, Assistant City Engineer Stein reported Item 7 covers the design of the pump station and storm drain on -the west end of Balboa Island, staff spoke with the Federal Emergency Management Assocktion (FEMA) staff regarding potential grant funding but they did not encourage City staff to apply, and the project is designed for a 200 -year rain event. Public Works Director Webb indicated staff is searching for grant funding, this project would qualify for grant funding because it prote housing, and work would be completed in segments so traffic circulation is(aintaine . In response to Mayor Avery's question, Assistant City ngineer Stein advised that low flows would be captured and diverted to the'gfttary sewer system. Mayor Pro Tem Muldoon requested staff provide a brief'report regarding estimated costs. III. PUBLIC COMMENTS Jim Mosher noted the upcoming meetings for the Board of Library Trustees and the Aviation Committee were scheduled concurrently, which one can perceive as an indication that one meeting is more important than the otyer, and inquired whether the Closed Session concerned the purchase, sale, exchange, or leave of tiTe property. City Attorney Harp reported the Ci y 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). City Negotiators: Seimone Jurjis, Community Development Director and Lauren Whitlinger, 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. Volume 64 - Page 3 City of Newport Beach Study Session and Regular Meeting April 13, 2021 VI. RECONVENED AT 5:45 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill VIII. CLOSED SESSION REPORT City Attorney Harp announced that no reportable actions were taken. IX. INVOCATION — Council Member Dixon X. PLEDGE OF ALLEGIANCE — Mayor Avery XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Brenner: *W i • Met with the Pacific Marine Mammal Center and community members regarding housing • Attended the opening of the vaccination center at the Orange County Fairgrounds with Mayor Avery and the meeting of the Housing Element Update Advisory Committee (HEUAC) • Utilized a slide to announce a District 6 virtual Town Hall on April 29, 2021 at 5:00 p.m. • Announced Council Member Dixon and she would 'ke to request a future agenda item regarding safe beaches and read the title Council Member O'Neill: • Attended the Battle of the Bay between Cor del Mar and Newport Harbor High Schools, the Corona del Mar High School play, the HEUA Tleeting, and the vaccination clinic at OASIS Senior Center • Utilized a slide to announce the Recreation & Senior Services Department's summer camps (campnewport.corrlf Council Member Dixon: • Attended meetingsVf the Short -Term Lodging Ad Hoc Committee • Visited the Bridge Shelter with City of Costa Mesa staff and Homeless Coordinator Basmaciyan • Addressed the annual meeting of the Lido Isle Community Association • Announced the AviatiolMommittee will meet on April 19, 2021 at 5:00 p.m. • Utilized a slide to introduce a new app for the Civic Center Native Plant Tour, available through the MyNB app Council Member Blom: • Utilized a slide to announce free document shredding and e -waste disposal on April 24, 2021 from 8:00 am to noon at Harbor Day School Council Member Duffield: • Participated in a boat race from Newport Beach to Cabo San Lucas • Announced a boat auction on May 7, 2021 at 10:00 a.m. Mayor Avery: • Attended the Orange County Sanitation District board meeting • Utilized a slide to announce the business license tax waiver and information is available by contacting staff at licensing@newportbeachca.gov Volume 64 - Page 4 City of Newport Beach Study Session and Regular Meeting April 13, 2021 Announced the National Mayor's Challenge for Water Conversation from April 1-30, 2021 and encouraged the community to take the pledge XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Regarding Item 3 (Resolution No. 2021-27: Acceptance State of California, Department of Parks and Recreation, Division of Boating and Waterways Grant for Reimbursement of the Cost for Two Zodiac Pro Classic Safety Boats for the Marina Park Sailing Program), Mr. Mosher requested the ordinance reflect the correct spelling of Zodiac. He also noted the report for Item 13 (Planning Commission Agenda for the April 8, 2021 Meeting) was an old report. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 23, 2021 City Council Regular Meeting [100-20211 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. RESOLUTION FOR ADOPTION 3. Resolution No. 2021-27: Acceptance State of California, Department of Parks and Recreation, Division of Boating and Waterways Grant for Reimbursement of the Cost for Two Zodiak Pro Classic Safety Boats for the r4.ar0a Park Sailing Program [100-20211 a) Find this action is not subject to 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, Division 6, Chapter 3, because it has no potential fo resulting in physical change to the environment, directly or indirectly; b) Adopt Resolutio}}��-QM-2021-27, A Resolution of the City Council of the City of Newport Beach, California, Az�'Chorizing Acceptance of Aquatic Center Grant FY 2020-21 (C8965309) Grant Agreement Between the State of, California Department of Parks and Recreation, Division of Boating and Waterways and the'City of Newport Beach for Reimbursement of the Cost for Two Zodiak Pro Cla is kafety Boats for the Marina Park Sailing Program; c) Authorize the City 'Manager to sign and execute the Grant Agreement (C-8666-1) and subsequent related documents as may be related to the reimbursement of the City's two Zodiak Pro Class safety boats; and d) Approve Budget Amendment No. 21-034 to record and appropriate $40,000 in grant revenue from the State of California Division of Boating and Waterways to Marina Park - Equipment NOC account 0107023-911024 and $40,000 in expenditure appropriations to Marina Park - Equipment NOC account 0107023-911024. CONTRACTS AND AGREEMENTS 4. Newport Pier Area Water Main Replacement — Notice of Completion for Contract No. 7631-2 (20W11) [38/100-20211 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. Volume 64 - Page 5 City of Newport Beach Study Session and Regular Meeting April 13, 2021 5. Mission Bay Drive Drainage Project — Notice of Completion for Contract No. 7889-1 (21R03) [38/100-2021] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 6. Sewer & Storm Drain Systems Rehabilitation Project — Notice of Completion for Contract No. 7538-1 (18S03 & 19D02) [38/100-2021] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of Civil Code; and c) Release Faithful Performance Bond one year after acceptance by the City Council. 7. Balboa Island Drainage Master Plan/Pump Station — Approval of Amendment No. 2 to Pacific Advanced Civil Engineering Inc. Professional Services Agreement (Project No. 19D11) (C-8563-1) [38/100-2021] 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 indir@ctly; and b) Approve Amendment No. 2 to the Professional ServicQ0 Agreement with PACE of Fountain Valley, California, for Balboa Island Drainage Master Plan/Pump Station project at a not -to - exceed fee of $798,506.00, and authorize Mayor and City Clerk to execute the Agreement. 8. Bay Crossing Water Mains and Sewer Force Main Replacement Project (16W12) — Approval of Professional Services Agreement with 1udek, Contract No. 8487-3 [381100- 202114W 38/100- 2021 J, �r a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15061(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the elfvironment, directly or indirectly; and b) Approve a Professional Services Agreemprif with Dudek of San Juan Capistrano, California, for the Bay Crossing Water Mains aner Force Main Replacement project at a not -to -exceed price of $1,222,'33.00, and auth ize the Mayor and City Clerk to execute the Agreement. 9. Commercial Marina Lease Ifo)alboa Boat Yard with Use of a Portion of the Public Tidelands in the treet-End at 26th Street (C-8667-1) [38/100-2021] 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, California Code of Regulations, Title 14, Chapter 3; and b) Authorize the City Manager and City Clerk to execute a five-year Lease Agreement ("Agreement") for use of the City -managed tidelands adjacent to 2414 Newport Boulevard and in the 26th Street street -end, in a form substantially similar to the agreement prepared by the City Attorney. 10. Authorization for Two Agreements with Special Order Systems, Inc. for a Wireless Phone System for Lifeguard Towers and Lifeguard Headquarters (C-8668-1 and C-8668-2) [38/100-20211 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 due to contractor being the sole source provider; c) Authorize the City Manager and City Clerk to execute an installation agreement with Special Order Systems, Inc., the sole provider of exclusive proprietary wireless phone system Volume 64 - Page 6 City of Newport Beach Study Session and Regular Meeting April 13, 2021 communications equipment to be installed at the Fire Department's lifeguard towers and lifeguard headquarters, for a not -to -exceed amount of $55,000, in a form substantially similar to the agreement attached to the staff report and subject to approval as to form by the City Attorney; d) Authorize the City Manager and City Clerk to execute a five-year equipment lease agreement with Special Order Systems, Inc., the sole provider of proprietary wireless phone system communications equipment for the lease of such equipment at the Fire Department's lifeguard towers and lifeguard headquarters, for a not -to -exceed amount of $505,000, in a form substantially similar to the agreement attached to the staff report and subject to approval as to form by the City Attorney; and e) Approve Budget Amendment No. 21-035 appropriating $146,764 to the Information Technology Telecomm Datalines Account (76420203-831001). Mayor Pro Tem Muldoon recused himself from Item 10 due to business interest conflicts. 11. Pulled from the Consent Calendar 12. Award of Contract to Moss Adams LLP for Internal Audit Services (C-7792-1) [38/100- 20211 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) Authorize the Mayor and City Clerk to sign a one-year term contract for $120,000 with Moss Adams LLP to perform internal control audit work. if MISCELLANEOUS Ar 13. Planning Commission Agenda for the April 8, 2021 feting [100-2021] Receive and file. 14. Update on Summer 2021 Balboa Penins Trolley Operation [100-20211 a) Determine this action is exempt from W California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and1 0 0(c)(3) of the CEQA Guidelines because this action will not result in a physical chang e environment, directly or indirectly; and b) Commencew' h the 2021 Summer Balboa Peninsula Trolley operation on weekends with a delayed st to of Saturday, June 26, and running through the Labor Day holiday, September Mayor Pro Tem Muldoon and Council Member O'Neill voted "no" on Item 14. Motion by Mayor Pro Tftn Muldoon, seconded by Council Member Brenner, to approve the Consent Calendar, except the item removed (Item 11); and noting the recusal by Mayor Pro Tem Muldoon to Item 10, the "no" votes by Mayor Pro Tem Muldoon and Council Member O'Neill to Item 14, and the amendments to Item 1. The motion carried unanimously. XV. ITEM REMOVED FROM THE CONSENT CALENDAR 11. Professional Services Agreement with Newport Beach & Company for Government Access Channel Management (NBTV) and Video Production Services (C-8581-2) [38/100- 2021] Council Member Dixon proposed amending the contract to provide more human -interest videos about Newport Beach residents, businesses, and events within the current costs and scope of service. City Manager Leung reported that is possible, the contract provides the flexibility to cancel, Volume 64 - Page 7 City of Newport Beach Study Session and Regular Meeting April 13, 2021 supplement, and trade programming, and noted that the contract is funded through the General Fund. Council Member Brenner expressed disappointment with the amount of old content shown on NBTV provided through Spectrum, stated she wants programming that serves the community, and proposed that Council Members are allowed to suggest content. City Manager Leung indicated Council Members can provide input without forming an ad hoc committee. At Council Member Brenner's request, Gary Sherwin, NBTV, indicated NBTV would be happy to offer more engaging and robust programming, NBTV produces a lot of content outside the scope of the contract, there is some hesitancy to air that programming because of concerns that it may conflict with City policy or not comply with legal guidelines, and that there have been few community events over the past year to add to programming. Council Member Dixon requested Mr. Sherwin assist staff with incorporating more video into the website. Mr. Sherwin advised that his team works closely with Public Information Manager Pope. In response to Council Member Blom's question, City Attorney Harp was unsure of Mr. Sherwin's reference to legal guidelines, he would be happy to work with I Sherwin to air more content, and there are some boundaries with providing access to more peop e. City Manager Leung reiterated that the General Fund supports the contract and programming, policies and procedures for spending taxpayer dollars apply, and Council is the fiduciary ste and of these funds, which are probably the requirements Mr. Sherwin referred to. Council Member O'Neill stated he has never wat BTV,p its ljose is to provide information and content, the City is not in the entertainment industry, production is very expensive, and supported putting in place more content. Motion by Council Member Dixon seIndetdby Courfcil Member Brenner, 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 A indirectly; and b) execute a two-year Professional Services Agreement with Newport Beach & Company for Management of NBTV Programming and Operations, with an option to extend the agreement for two one-year terms at a total not -to -exceed amount of $502,788.29, and give preference to human interest video content. Jim Mosher reca4led Council having a Media and Communications Committee at one time and hoped the public could provide input to the redesign of the website because the IT Department's ideas may not coincide with tl.- public' ' eas. With Council Member Blem voting "no," the motion carried 6-1. XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Avery Counts, Constituent Services Manager for Supervisor Katrina Foley, reported the vaccination Point Of Distribution (POD) at the Orange County Fairgrounds is operational and that Council Members and staff are welcome to contact Supervisor Foley. Jim Mosher requested Council reconsider its March 23, 2021 vote on the recycling fee, expressed the opinion that the fee should be paid from the basic property tax assessed to each parcel, and the calculation of the fee discouraged residents from recycling. Loc Pham stated only one company services moorings and is raising prices, the Harbormaster has an obligation to attract additional service companies to Newport Beach, another company applied for a permit and paid the fee but has not received a permit, and the Harbor Department posted a letter attacking him for doing nothing on his boat. Volume 64 - Page 8 City of Newport Beach Study Session and Regular Meeting April 13, 2021 Nancy Scarbrough noted the actual due date of the Housing Element is early 2022, expressed concern regarding the direction of the Housing Element Update, and suggested that Council pause the process, seek knowledge, and hold a Study Session as soon as possible. She stated that awareness of other approaches would inform decisions regarding the Housing Element. XVII. PUBLIC HEARINGS 15. Proposed Assessment District No. 120 — Area Along Santa Ana Avenue Between Old Newport Boulevard and Cliff Drive [100-2021] Mayor Pro Tem Muldoon recused himself due to business interest conflicts. Mayor Avery announced that all protests must be received by the Assistant City Clerk by the close of the public hearing. Mayor Avery opened the public hearing. Assistant City Clerk Goodman-DeCoud announce counting in the Community Room and the individ SO. ; welcome to view the ballot As had been deputized to do City Attorney Harp reiterated that all protests mueceive he Assistant City Clerk by the close of the public hearing. I Mayor Avery announced that the ballots will be counted at this time, the agenda will proceed, and the results will be announced once the tabulations have been completed. Following the completion of the assessment ballot tabu tion, Assistant City Clerk Goodman- DeCoud announced that, based on the tabulations € #S*e ballots received for Assessment District No. 120, 87.22% of the ballots were submitted in favor of the Assessment District for a total assessment of $1,112,246.62, and 12.78% �f tvotes were submitted in opposition, for a total assessment of $162,961.66-t �and that Council lay proceed with the formation of the Assessment District by adopting the resa tion confirming the assessment. Hearing no furtht r testi>glony, Mayor Avery closed the public hearing. � 1 Motion by Council Member O'Neill, seconded by Council Member Dixon, to a) adopt Resolution No. 2021-28, A Resolution of the City Council of the City of Newport Beach, California, Making Determinations, Confirming Assessments and Proceedings, and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for City of Newport Beach Wsessment District No. 120; and b) approve Budget Amendment No. BA -037 authorizing an advance from the General Fund in the amount of $165,000 to be repaid from Bond Proceeds and cash contributions from Assessment District No. 120 and appropriating $75,000 to Account No. 66902-941027 for electrical utility design by SCE, $25,000 to Account No. 66902-941005 for phone and cable system design by AT&T and Spectrum, $50,000 to Account No. 66902-941008 for City Administration, and $15,000 to Account No. 66902-941012 for Bond Counsel. Funds remaining in any fiscal year will be carried forward to future annual budgets per Council Policy F-3. With Mayor Pro Tem Muldoon recusing himself, the motion carried 6-0. 16. Resolution No. 2021-30: Local Coastal Program Amendment Related to Short Term Lodging on Newport Island (PA2020-326) [100-2021] Community Development Director Jurjis utilized a presentation to discuss zoning and Short -Term Lodging (STL) permits for Newport Island, narrow streets, coastal access and recreation, Coastal Volume 64 - Page 9 City of Newport Beach Study Session and Regular Meeting April 13, 2021 Commission staff comments, Newport Island specific regulations, further comments received, possible revisions, and recommended actions. Mayor Avery opened the public hearing. Norton Younglove opposed the restraints on STLs, stated that income from rentals help maintain his building, his renters were no more of a problem than people that occupy hotel rooms, and the regulations were an undue interference of private property owner rights. Jim Mosher expressed concerns about the process, discussed the length of time a proposed amendment has to be available before Council can act on it, and reviewed amendments posted in November 2020, April 8, 2021, and April 13, 2021, City Council Policy K-1, and the Planning Commission's recommendation. Chuck Gayton shared photos of streets with no available parking and stated there is a parking problem, the cause has not been identified, cars parked improperly should be towed, his policy is to terminate the rental of an STL if the renters received a citation, noted that a resident paid a small fine while he paid a $1,000 fine for his STL, and people need to -go along to get along. Craig Batley indicated he manages no STL properties on-Oewport Island because of the parking problem, did not know if a carve out for Newport Islan is fair, expressed the opinion that banning STLs outright unfairly punishes responsible oper and ' av ers, and indicated it was an operator problem. Gary Cruz discussed property rights, the ban on ST 1 zones, the conversion of duplexes to single-family homes, complaints, and cod cement. Meg Cooper opposed the requirement for Ls to be ownelPoccupied and managed, and shared the reason for her moving from her owner -occupied STL. Mark Marcos advised that more thaq 100 homeowners signed a petition supporting the owner - occupied requirement and emphasized that homeowners want change. Gina Unsworth sug�es�d Council consider Ms. Cooper's situation for an elderly person, indicated neighbors are termed, stated the residents need Council's help, and noted that parking is one of many dailypro ems. An unidentifie s aker appreciated Council's efforts, noted many changes have occurred but problems continue, stated the hotline was not working when he called the previous Thursday, and indicated code enforcement responded to his email. Bud Reveley opposed the latest proposals, but supported owner -occupied STL units. An unidentified speaker stated that six STL units are located near his home, the tenants have been problems, and owner -occupied and managed properties are the only way to handle the problems. Council Member Dixon thanked residents for communicating their needs and related that Council has worked to get the system right and is still working on it, 1,453 STL permits are active in Newport Beach, long-term rental is a property right, STL is a worldwide problem, Newport Beach welcomes visitors, and Newport Island is unique. At Council Member Dixon's request, Community Development Director Jurjis advised that the resolution continues to require owner occupancy, Coastal Commission staff indicated they would not support owner occupancy or restrictive parking requirements, and staff suggested Council consider amending the resolution to remove owner occupancy and add a limit of one rental per week. Volume 64 - Page 10 City of Newport Beach Study Session and Regular Meeting April 13, 2021 Council Member Brenner stated that residents need to address the Coastal Commission so that the Commissioners understand the situation, these changes will be beneficial, the Coastal Commission will decide the owner -occupancy issue, and suggested an appeal or exception process for egregious cases. In response to Council Member Blom's questions, Community Development Director Jurjis indicated that, since August 2020, two properties have each received two citations and are ready for suspension hearings, and the two units are not owner -occupied. Council Member Blom expressed the opinion Council is piecemealing provisions, they seem ripe for denial, questioned whether this is the best way to solve the problem, a great deal of staff and Council Member time has been spent addressing 18 units, Council needs a good plan that can pass the Coastal Commission, and throwing out accessibility on one island may not put the City in the best light for options the City may want in the future. Council Member O'Neill stated Mr. Mosher's comments regarding process are well taken, and he will abstain. In response to Council Member Dixon's question, Commu*ty Development Director Jurjis reiterated that Coastal Commission staff are amenable to the ad hoc committee's recommendations with the exception of the overly restrictive parking requirement *4& Council Member Dixon clarified that the 18 existig STL permits can continue to operate unless the permits are revoked for noncompliance, Coastal omission decisions on STLs over the past five years are not consistent, and incorporating the new items indicates Council is listening to the Coastal Commission. Aft Council Member Duffield stated he favors these actions, holed they provide good results, and noted Ogden, Utah, has the same problems. He added that4tft�as experienced problems with STL tenants, understands the reasons residents do not complain, Council is not saying homeowners cannot rent their homes, and Councilraying renting r home for one night for a party is probably not acceptable. Community Development Director Jurjis reiterated that the amendment includes one rental per cupa week, owner-ocncy, a cap of 20 STL permits, an overnight occupant load of two people per bedroom plus to for a maximum of ten occupants, parking restrictions tied to the occupant load, and a daytime to load o the overnight occupant load plus six persons. Mayor Avery noted that thi ll seemed reasonable at the beginning, quite a few STL tenants are not good neighbors, the owners or their agents have to be strong managers, a city needs a robust response to complaints,We City has not invested enough to deal with this issue, renters have to get the message that they cannot disturb neighbors, the proposal without owner occupancy is not going to deliver any real solution, most homeowners cannot afford to move, the number of permits could exceed 2,000 if Council does not get this right, and Council will keep working on it. Hearing no further testimony, Mayor Avery closed the public hearing. Motion by Council Member Dixon, seconded by Council Member Brenner, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment; and b) adopt amended Resolution No, 2021- 30, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-008 to the California Coastal Commission, an Amendment to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to Short -Term Lodging on Newport Island (PA2020-326). Volume 64 - Page 11 City of Newport Beach Study Session and Regular Meeting April 13, 2021 With Mayor Pro Tem Muldoon, Council Member Blom, and Council Member O'Neill voting "no," the motion carried 4-3. XVIII. CURRENT BUSINESS 17. Coronavirus (COVID-19) Update [100-20211 City Manager Leung and Fire Chief Boyles utilized a presentation to discuss Orange County cases, the County and State's reopening status, the City's opening status, including Library reopening and summer camp registrations, provided updates on the Small Business Support Grant and vaccines, including the Johnson & Johnson vaccine and transport data, and expansion of the Junior Lifeguard program. In response to Council Member O'Neill's question, City Manager Leung indicated the Corona del Mar Library Branch may reopen at the end of May but certainly as soon as staffing can be filled. XIX. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - Adjourned at 8:15 p.m. in memory of Frank Trane 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 April 8, 2021, at 4:00 p.m. Leilani I. Brown City Clerk Brad Avery Mayor Volume 64 - Page 12