HomeMy WebLinkAbout01 - Minutes - Amended PagesCity of Newport Beach
City Council Meeting
April 12, 2022
NIX
April 26, 2022
Agenda Item No. 1
Update the Modification Percentage for User Services, and Amending Subsection 3.36.030(E) of the
NBMC to Update Waiver of Fees for Service, and pass to second reading on April 26, 2022.
With Council Member Duffield recusing himself and Mayor Muldoon voting "no," the
motion carried 5-1.
11. Ordinance No. 2022-9: Amending the Newport Beach Municipal Code Pertaining to
Raft -Ups, Live-Aboards, On -Shore Moorings, and Other Miscellaneous Provisions
(continued from the March 22, 2022 City Council meeting) [100-2022]
City Attorney Harp announced that Council Member Duffield recused himself from this
item due to business interest conflicts.
Harbormaster Blank utilized a presentation to review Harbor Commission's recommended revisions
to the NBMC, review objectives and intentions, the process leading to the recommendations, focus
areas, mooring sub -permits for visiting live-aboards, code enforcement, Marine Activities Permits
(MAP), fueling, anchoring and mooring, and clarity of language and punctation. 0
Michelle Harris read a letter on behalf of John Botros that i0xpressed opposition to the proposed
changes, discussed quantitative data, requested the removal of boat limit restrictions on raft -ups,
and reviewed itemized safety and noise precautions.
John Marshall, Staff Commodore at Southern California Yachtingciation, expressed opposition ft
to having boat limitations for raft -ups and noted economic impacts.
Alan Freeman, President of Diamond Productions, relayed data regarding raft -ups, questioned boat
limitations and noise complaints, and expressed concern about public comment opportunities.
George Posey expressed opposition to hav&JJJJLu1Ry permit requirement for three or more boats
in a raft -up, the seven -fit -vessel rafVV1qP,1 noise level complaints, fire code issues, and
non -appealable fines and citatjpns.
Michael Trcka relayed a lack Xawarft7labout the public forums regarding the raft -up topic and
suggested that staff meet with oater work on a better solution.
An unidentified speaker expressed opposition to the proposed ordinance.
Jim Mosher noted there were differences between the proposal from the Harbor Commission and
the proposal presented tonight, and expressed opposition to introducing the ordinance at this
meeting.
Wade Womack requested that the harbor remain enjoyable for all, supported having fewer
restrictions and a safe harbor, and recommended community outreach to create flexible options.
Morton Irvine Smith asked that Council look into the situation and review the proposed ordinance.
Mayor Muldoon expressed his opposition to the raft -up permit element, but stated he could support
the ordinance if it were removed.
In response to Council Member Dixon's question, Harbormaster Blank reported that observations
and interactions with permit holders during Labor Day 2021 led the Harbor Commission to make
the recommendations. He noted that revisions were made by the City Attorney's Office, clarified
that only the permit revocation is unappealable, the 30 -day permit approval period is consistent
Volume 65 - Page 293
City of Newport Beach
City Council Meeting
April 12, 2022
with all special event permit applications through the Recreation and Senior Services Department,
the Harbor Commission subcommittee recommended the seven -vessel raft -up limit PRP WRRkR14
and indicated that organized raft -ups are mostly for social enjoyment.
Council Member O'Neill agreed with Mayor Muldoon and, in response to his question, City Attorney
Harp noted that the raft -up portion is entwined throughout the ordinance and recommended that
Council make a motion to refer the raft -up topic back to the Harbor Commission but bring the
remainder of the ordinanceback without raft -up provisions for first reading at the next City Council
meeting. Council Member O'Neill expressed his appreciation for public comments, asked for
respectful treatment towards Harbormaster Blank, and extended an opportunity for working
together with the public.
Motion by Council Member O'Neill, seconded by Mavor Muldoon, to bring back the ordinance
without the raft -up provisions and send the raft -up topic back to the Harbor Commission.
Council Member Dixon noted the value of Harbormaster Blank's contutions, acknowledged
additional work is needed on the ordinance, supported the motion, and e ssed enthusiasm for
continued discussions on this topic.
Council Member Avery acknowledged the increased activity in the harbor and related issues, asked
for respect amongst boaters and towards the Harbor Patrol and Harbormaster, and supported the
motion.
Council Member Brenner expressed appreciation for the Harbo mission and Harbormaster,
noted an interest in gaining acceptance from the majority ands ted the motion.
In response to Mr. Posey's question, City Attorney Harp announced that no raft -up regulations are
being modified at this time and that the raft -up topic will go back to the Harbor Commission for
further discussion.
With Council Member
12. Fernleaf Avenue Trial
Duffield recusi til the motion carried 6-0.
One ay St ignation [100-2022]
Public Works Director Webb
request for a one-way trial on
characteristics, photos of the f
details.
fic Engineer Brine utilized a presentation to review the
venue, resident concerns, map of the area, the 200 block
the Fernleaf Avenue ramp, and the Fernleaf Avenue study
Council Member Brenner noted discussions with residents, accidents, and altercations on Fernleaf
Avenue, the majority support in Corona del Mar for one-way streets, and expressed support for the
trial with the hope that a traffic study will be conducted on all streets in the village.
In response to Council Member Dixon's questions, City Traffic Engineer Brine confirmed the driving
path during the trial and reported on the data to be collected from the trial. Council Member Dixon
noted confusion from drivers when navigating the streets in this area, recommended removing
signage at the corner, and expressed support for the trial.
Ben Roth noted the traffic flow, standoffs, car damages, and vehicle speed on Fernleaf Avenue,
parked car volume on the 200 block with no parking allowed on the 300 block, and pedestrian safety
concerns.
An unidentified speaker stated that there is blocked traffic due to construction trucks on Fernleaf
Avenue, altercations with visitors to the area, and speeding.
Volume 65 - Page 294