HomeMy WebLinkAbout01 - MinutesSeptember 24, 2019
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Special Meeting
September 4, 2019
I. CONVENE IN OPEN SESSION - 4:00 p.m.
II. ROLL CALL
Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
The Invocation was provided by Council Member Herdman and the Pledge of Allegiance was
led by Council Member Muldoon.
1. Discussion of Issues Related to People Experiencing Homelessness in the City of Newport
Beach IL
Mayor Dixon explained that the meeting was called to update the community on the City's efforts
to deal with homelessness, reviewed statistics, reported the City is working on short, medium, and
long term remedies, discussed other public and private agencies the City is collaborating with in
order to address health and safety issues associated with homelessness.
Mayor Pro Tem O'Neill expressed and a greed with how frustrating the homeless issue is for
everyone, reported the City has been working with the Orange County Transportation Authority
(OCTA) relative to the issues at the Transportation Center, suggested people not provide money to
panhandlers but donate to ap opriate charities, noted the City needs to move quickly but make
good decisions, explained the frpose and goals of the Homeless Task Force (HTF), and stated that
day-to-day homeless issues should be directed to Council or the Police Department.
City Manager Leu d a PowerPoint' resentation to emphasize and explain that the homeless
issue is a top prior he City, discuss legal issues associated with short and long term solutions,
review the City's engagement and enforcement approaches, and display a map and explain the
limitations of various locations. City Attorney Harp reviewed the anti -camping ordinance and
current enforcement restrictions.
Noting that Newport Shores already has affordable housing for veterans in their area, and is located
in the Coastal Zone, Council Member Avery made a motion, seconded by Council Member
Herdman, to permanently remove the property located at 6302 West Coast Highway from
consideration as a temporary homeless shelter location.
Council Member Muldoon thanked everyone for coming, asked that the public forgive staff for
proposing the Pine Knot Motel (6302 West Coast Highway) as a possible homeless shelter location,
and assured everyone that Council is pushing staff to speed up enforcement, clean up the
Transportation Center, and establish a homeless shelter location and rules.
Council Member Herdman emphasized that his priority is the safety and welfare of the people who
live in the City, believed future Councils will establish a budget to assist with this issue, noted the
legal restrictions, agreed the problem needs to be solved in-house, and believed the decision should
be driven by what is best for the community, is less intrusive to neighborhoods and businesses, and
is not too costly.
Mayor Dixon and Council Member Brenner expressed their appreciation for all the communication
received by the residents and for their understanding that the issues are complex and difficult for
the City.
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City of Newport Beach
Special Meeting
September 4, 2019
Without objection, the City Council conducted a straw poll relative to the motion, which
was unanimous.
Judy Cooper discussed the purpose of OC Gateway to Housing, which is located in Corona del Mar,
highlighted their successes with homeless families, and offered their services and assistance to the
City.
Dene Stratton noted that homeless individuals often time have substance abuse issues, expressed
concern with considering 825 West 16th Street due its proximity to Newport Harbor High School,
supported utilizing 4200 Campus Drive, believed creating a solid short term plan may eliminate
homeless issues entirely, and asked how the homeless shelter would function.
George Lesley discussed the makeup of the Newport Shores neighborhood and expressed concern
that more packages may be stolen if a homeless shelter is located in the area.
Joan Steen urged Council to rezone 6302 West Coast Highway so it can be rebuilt into a viable entity
for the community, like a parking structure, and asked how
,�4e property got on the list.
Jim Pugh expressed support for the motion, explained why 6302 West Coast Highway is not
conducive for a homeless shelter, and encouraged Council to use this as an opportunity to think
about how to improve the area since it is a gatewVAnto the City.
I
Brian Long took issue that 6302 West Coast Highway was ever considered for a homeless shelter
location and that the agenda was made public over a holiday weekend, and urged Council to finish
the beautification project on Coast Highway.
or
Ann Parker asked why 6302 West Coast Highway was placed on the list, took issue that the agenda
was released during a holiday weekend, and believed the 825 West 16th Street location would also
affect residents. .40
Bran Murphy questioned how 6302 West Coast Highway was placed on the list, asked the City to
assist the owners to r uild it if it cannot be rezoned, and requested the City give more consideration
to the West Newpo Immunity.
I
The motion caned unanimously:
In response to public comments, City Manager Leung, noted the City needed to move quickly,
reported the properties were considered because there were limited properties available in the City,
and indicated that all the options have negatives.
Mayor Dixon recessed the meeting at 4.44 p.m. and reconvened the meeting at
4.51 p.m. with all members of the City Council in attendance.
Monique Christensen stated she did not want any of her taxes going toward the homeless issue,
believed this is former Governor Brown's fault due to the early release program for inmates, and
suggested finding someplace else to house them.
Peter Salveson believed the solution for the homeless issue in the County is to utilize a joint powers
agreement and discussed Community Choice Aggregation programs pursuant to AB 117.
Bill Ashmore took issue with whomever chose the proposed locations and believed the City should
have already been doing something about the homeless issue, like Costa Mesa.
Diana Hensley, OC Gateway to Housing and Christ Church by the Sea, indicated there are families
that are homeless, relayed her experiences with the homeless, and believed immediacy is missing.
Wende Zomnir, Urban Decay Cosmetics, listed their office locations and discussed concerns for her
female employees and her business if a homeless shelter were placed at 825 West 16th Street.
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City of Newport Beach
Special Meeting
September 4, 2019
Carol Anne Dru believed the City should acquire property under the flight path or in an industrial
area to place the homeless shelter or pads for tents, and give them an opportunity to learn job skills.
John Strauss believed the homeless problem is getting worse, even with more money being spent on
the issue, the homeless need to be taken off the the streets and put into full service facilities that
provide counseling and job training, and suggested that everyone work together to create a number
of large homeless facilities throughout the country, possibly converting military bases and using
public and private efforts.
Gary Whitfield requested that Council remove 825 West 16th Street from consideration due to the
proximity to Carden Hall and Coastline College.
Teresa Hernandez discussed issues at the OCTA Transportation Center and encouraged starting
enforcement as soon as possible, noted Anaheim built their temporary shelter in 60 days and
believed the City could do the same, suggested utilizing the 4200 Campus Drive site for a homeless
shelter, and pointed to Haven for Hope in San Antonio as a model for the permanent shelter.
Police Chief Lewis reported, once the agreement with the OCTA is finalized and the Transportation
Center installs appropriate signage, the Police Department can begin conducting trespassing
enforcement.
Shannon Nelson, Newport Beach Baseball Association Board of Directors, indicated they found drug
paraphernalia in Bonita Canyon Park and Eastbluff Park dugouts, noted the majority of residents
are sympathetic to the homeless, and asked if the City has looked at what San Clemente has done.
Danielle Diestel took issue with the staA time for today's meeting, believed the homeless issue is
big business for real estate developers, and expressed concern that the sober living homes in Costa
Mesa are creating the City's issues.
Jeff Dube, General Manager representing the Benihana Restaurant, expressed support for the City's
efforts, but expressed concerns with placing a homeless shelter at 4200 Campus Drive due to the
businesses and hotels in the area, requested the City find other solutions, and indicated, if the site
s selected, the testa Pant is prepared to allocate resources to safeguard the surrounding area.
Arthur Greenwo ressed opposition to placing a homeless shelter at 825 West 16th Street due
to the proximit den Hall, Coastline College, and Pacifica Christian High School.
Hoiyin Ip discussed er involvement in a homeless organization, believed people need to know the
other side of the issue, suggested the author of My Way Home provide a lecture at the Library, and
discussed the mural in Costa Mesa in order to raise awareness about homelessness that could be
turned into an insert for placement in the water bills.
Shana Conzelman thanked the HTF and staff, explained why the homeless shelter should operate
as close to the Tustin Temporary Emergency Shelter as possible, and provided a list of the types of
assistance the shelter should offer.
Jan Hollis, Pacific Hotel Management/owner-operator of Hyatt Regency John Wayne Airport
Newport Beach, expressed opposition to utilizing 4200 Campus Drive as a homeless shelter, noted
the amount of Transient Occupancy Tax (TOT) and sales tax hotels produce for the City, and
believed a homeless shelter would have an adverse effect on them.
Nancy Engle Vanotton asked where the homeless will go when enforcement begins at the
Transportation Center and if the City has learned from how the library handled their homeless
issues.
Mo Farha, Board of Directors President of Pelican Ridge Community Association, thanked the City
for evaluating the properties, but believed 825 West 16th Street is not a good location due to the
proximity to Carden Hall.
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City of Newport Beach
Special Meeting
September 4, 2019
Justin West expressed opposition to placing a homeless shelter at 825 West 16th Street due to health
and safety issues, and to protect the children in the area.
Edric Caballero expressed concern with the proximity of Carden Hall to 825 West 16th Street, noted
a lot of redevelopment is occurring in that area, and the City should assist the individuals who want
assistance.
Kyle Paine indicated his company provides affordable housing and developed The Cove in Newport
Shores, and thanked the City for working on the homeless issue.
Gay VanDeW alker believed 825 West 16th Street should be removed from consideration since it is a
high density area and close to homes and schools.
Judy Sheppard believed Rhode Island's multi -disciplinary approach is a good model and agreed the
City should provide some type of assistance to the homeless.
David Tanner provided a handout with additional options, lik requesting that other cities expand
their facilities and utilizing temporary trailers on vacant nd asked that clear definitions be
developed, legal ramifications be considered, and Afrom
efits would be for the City.
Paul Matheis expressed support for a long termoach, and disagreed with the
public's criticism of staff.
Roger MacGregor indicated he owns the propertyest 16th Street and none of his
tenants are enthusiastic about having aess shelter at that location, noted the area is also
residential, and believed a homeless shel 1 hurt property values.
i
John Schisler, Starboard Realty Partners, expressed opposition to considering the 4200 Campus
Drive site since his company will be building apartments in the area soon, believed a homeless
shelter would adversely affect the project, and noted the site is not zoned for residential use.
Bill Grabowski expressed concern with placing a homeless shelter at 4200 Campus Drive due to the
close proximity toa b tersection, pointed out the location is an entryway to the City, and noted
es
Switzerland doa homeless problem.
Lisa Khudic expiessed concern with placing a homeless shelter near Carden Hall.
Christy Jones Kalthoff, Executive Director of Carden Hall, believed a homeless shelter should not
be placed near Carden Hall for the safety of children.
Mike Voorhees indicated he owns property on 16th Street and believed 825 16th Street should not be
considered due to the proximity to Vivante, lack of sidewalks, increased residency in the area, and
the cost of building a homeless shelter.
Unidentified speaker believed it is not necessary to have a homeless shelter in Newport Beach and
suggested a homeless community be created in the desert.
Carmen Rawson questioned how a homeless person would prove residency and, if they cannot prove
residency, what the legal options are to remove them from the street.
Ann Parker expressed opposition to considering 825 16th Street and believed the City should partner
with Costa Mesa and utilize its shelter on Airway Avenue as a permanent solution, but still use
4200 Campus Drive as a temporary shelter.
Mary Spadoni believed the City should partner with Costa Mesa to utilize their homeless shelter
and noted that each city should not be trying to solve this problem individually, but should have one
Countywide task force.
Bettina Deininger believed the City should partner with Costa Mesa on a temporary basis while it
works on a long term plan.
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City of Newport Beach
Special Meeting
September 4, 2019
In response to comments, Assistant City Manager Jacob indicated that the Public Works
Department should be contacted if drug paraphernalia is found on a public facility, City Manager
Leung explained why Library Service Manager Basmaciyan was temporarily assigned to be the
City's Homeless Coordinator, and Homeless Coordinator Basmaciyan discussed the library's efforts
to assist with its homeless problems. Further discussion ensued relative to the City Manager's
ongoing conversations with Costa Mesa for a potential partnership. Mayor Dixon added that the
City is looking for a temporary facility because Costa Mesa's permanent homeless shelter will not
be completed until April 2020, and confirmed the City received a letter from Costa Mesa.
Council Member Muldoon believed the City needs to do a better job in educating the public on its
efforts, discussed legal restrictions all cities are facing, and emphasized that the City is looking for
a location for the homeless shelter to protect the streets from public safety hazards.
In response to Council questions, City Manager Leung discussed various ways to prove residency
and indicated staff is working to improve the City's website, distributed a special edition of the Week
in Review last week that was directed to the homeless issue, and will also be providing more
information via social media.
Council Member Avery pointed out there are no simple solutions to this issue and the City cannot
do it without input from residents and assistance from churches, non-governmental organizations,
and residents.
Mayor Pro Tem O'Neill emphasized that the City Council will not be deciding on a specific property
for a homeless shelter during Closed Sess d explained the reason for Closed Session.
IV. PUBLIC COMMENTS - None
City Attorney Harp reported the City Council would adjourn to Closed Session to only discuss
Items IV.A.1 and IV.A.2, as listed in the Closed Session agenda, and read the titles.
The City Council recessed into Closed Session at 6.07p.m.
IV. CLOSED SESSION e
A. CONFERENCE WITH REAT PROPERTY NEGOTIATORS (INITIATION OF
NEGOTIATIONS FOR THE LEASE OF REAL PROPERTY FOR A TEMPORARY
HOMELESS SHELTER OR SHELTERS) (Government Code § 54956.8): 3 matter
1. Property Address: 4200 Campus Drive, Newport Beach, California 92660.
Agency Negotiators: Grace K. Leung, City Manager, Seimone Jurjis, Community
Development Department Director and Lauren Whithnger, Real Property Administrator.
Negotiating Party: Avis Rent A Car Systems, LLC.
Under Negotiation: Price and terms of payment.
2. Property Address: 825 W. 16th Street, Newport Beach, California 92663.
Agency Negotiators: Grace K. Leung, City Manager, Seimone Jurjis, Community
Development Department Director and Lauren Whithnger, Real Property Administrator.
Negotiating Party: Brent W. Ducoing and Ami L. Ducoing, Trustees, or their successor in
trust, under the Brent and Ami Ducoing Living Trust, August 18, 2000, and any amendments
thereto.
Under Negotiation: Price and terms of payment.
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City of Newport Beach
Special Meeting
September 4, 2019
3. Property Address: 6302 W Coast Highway, Newport Beach, California 92663.
Agency Negotiators: Grace K. Leung, City Manager, Seimone Jurjis, Community
Development Department Director and Lauren Whithnger, Real Property Administrator.
Negotiating Party: Duane Anthony Wengeler and Jeanie Wengeler, as Trustees for The
Wengeler Family 2018 Trust.
Under Negotiation: Price and terms of payment.
The City Council reconvened at 7.07p.m. with all members of the City Council in attendance.
VI. CLOSED SESSION REPORT
City Attorney Harp reported that Council provided direction to the real property negotiators to negotiate
with the owners and lessees at 4200 Campus Drive. However, Council did not provide direction
regarding the property located at 825 West 16th Street. He stated t, in order for the City's negotiators
to move forward with any type of negotiation, the item won l to be placed on another agenda in
the future.
Without objection, Mayor Dixon requested to re -open Item 1.
III. CURRENT BUSINESS 0
1. Discussion of Issues Related to People Experiencing Homelessness in the City of Newport
Beach F
Mayor Dixon directed City Manager Leung to look at the City's Corporate Yard located at
592 Superior Avenue as a possible site for a temporary homeless shelter and report back to Council
with the feasibility and provide cost comparisons. Further, continue to report back to Council
relative to discussions with other cities about joint partnerships.
Bruce Bartram, Stop Polluting Our Newp�t (SPON), expressed concern with placing a homeless
shelter at 592 Superior Avenue due to the proximity to Newport Crest and Save Our Selves (SOS),
which could becme a magnet for the homeless population.
Without objection, City Council conducted a straw poll relative to the Mayor's
direction, which w animous.
VII. ADJOURNMENT -7:11 p.m.
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
August 30, 2019, at 11:00 a.m. The amended 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 3, 2019, at 12:00 p.m.
Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
Volume 64 - Page 177
CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
September 10, 2019
I. ROLL CALL - 4:00 p.m.
II.
Present: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman (arrived
at 4:03 p.m.), Council Member Kevin Muldoon
SSI. Clarification of Items on the Consent Calendar
In response to Mayor Dixon's question, City Manager Leung explained the purpose of on-call
agreements and contracts, reported staff reviewed the process, and believed it has been updated
to improve accountability and reduce future amendments.
SS2. Proclamation Designating International Literacy Day
Mayor Dixon read the proclamation and presented it to Newport/Mesa ProLiteracy Literacy
Coordinator Cherall Weiss and Advisory Board Chair Eve Marie Kuntzman, who provided
handouts, invited everyone to attend the International Literacy Day Celebration on
September 12, 2019, and relayed posWtcomes as a result of the program.
SS3. Check Presentation from the Friends of the Library
Amy Hunt, President of the Newport Beach Friends of the Library, and Wendy Franco, Book
Store Manager, presented a check for $185,000 to the City, explained how the funds are
generated, and indicated the Friends have donated $3.5 million over the past 14 years.
SS4. Community Outreach by the Federal Bureau of Investigation (FBI)
Diane Gonzlez, Community Outreach Specialist, explained what the FBI does for the
community, provided literature, assured they want to build partnerships and community
awareness, and indicated the FBI has an office in Orange County.
SS5. Code Amendment Update Related to Residential Design Standards (PA2019-070)
Community Development Director Jurjis and Principal Planner Murillo utilized a PowerPoint
presentation to discuss the current regulations and suggestions for third floors and attics, issues
associated with the regulations, highlight difficulties associated with beach cottages and
proposed incentives and changes, review issues and possible options associated with single -unit
and two -unit dwellings in Multi -Residential (RM) zones, and review community input on the
three issues.
In response to Council questions, City Attorney Harp clarified SB 330 and its possible
implications to the City as it relates to buildable square footage, and staff reviewed how the
current regulation for decks have been altered to become livable space after inspections, instead
of remaining outdoor space, provided background to the 2010 Zoning Code changes, confirmed
converting RM property to a single-family dwelling has always been in the Zoning Code,
explained current issues with the conversion, and discussed how current parking regulations
affect beach cottages.
Council Member Brenner emphasized the need to be very specific when dealing with decks.
Mayor Dixon believed decks should not be permitted to have walls.
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City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
Council Member Avery expressed concern about implementing restrictions in RM zones at this
point, indicated requiring step backs might assist with the issue, believed massing is happening
due to land values, emphasized surrounding neighbors to these properties need to be able to
receive air and light, and noted he is in favor of modifications but keeping the height limit.
Council Member Brenner discussed the initial intent and style of buildings in RM zones and
emphasized the City has changed the regulations in the past and can do it again since it is the
City's job to protect the community.
Council Member Duffield explained how permanent residency versus summer residency has
changed the makeup of homes over the decades.
Allan Beek noted a past Council did not adopt Corona del Mar's development standards, stated
concerns with mansionization was brought up during the 2006 General Plan meetings and
surveys, believed the City needs to review how it deals with non -conforming uses and suggested
they only be allowed for a specific amount of time so thty will not have these issues in the
future.
1
Charles Klobe expressed support for all three +roposed changes, suggested having local
architects advise staff on how to tighten loopholes, and agreed with Jim Mosher's written
response to the RM component. 10
Ron Yeo suggested going back to the average 24 -foot roof height to solve the third floor massing
issue, took issue that the decks are not compatible with the community, and believed decks
should be counted toward the square footage and remain open.
Tom Houston believed the charm of the older parts of the City is changing due to the abuses
within building law, and discussed massing and building height issues on Balboa Island.
Lee Pearl noted beach cottages on Balboa Island that have been passed down to family members
are being torn down because they had no option to keep them and cannot meet current building
standards to improve them; and thanked the City for addressing the massing issue.
Denys Oberan believed decks should remain open with no permanent roof or side pieces,
offered to pt -vide Council with the background of the 2010 General Plan, and suggested
following the American Planning Association's (APA) principles for heights, setbacks and design
standards.
Jim Mosher believed SB 330 states the City would not be able to impose design standards after
January 2020 unless they are objective, but does not completely restrict the City's authority,
discussed shear walls and how step backs are measured, expressed concern with building single-
family homes in the RM zone due to the upcoming requirements to increase the housing count,
and believed the City might need to provide incentives to create multi -family dwellings, possibly
by making standards looser for multi -family units and stricter for single-family units.
Ken Rawson believed the ambiance from the 2000 Zoning Code was better, decks should not
have roofs, more code enforcement is needed, expressed concerns with beach cottage parking
issues, questioned if the City can restrict beach cottages from turning into short-term lodging,
and discussed multi -unit height limits versus single-family height limits.
Hoiyin Ip asked if the City could implement sustainability features to create more green
buildings, discussed Regional Housing Needs Assessment (RHNA) numbers, and highlighted
San Clemente's letter to the Southern California Association of Governments (SLAG) and how
they handled public outreach.
Nancy Skinner believed the solution for decks is to not allow any type of enclosure.
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City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
Larry Tucker disagreed with counting roofed decks as square footage, requested a better
definition of "deck" in the Zoning Code, and emphasized the need for code enforcement.
Art Pease took issue with how the City changed the Floor Area Ratio (FAR) in Corona del Mar,
believed property owners have entitlements under the existing Zoning Code, and requested the
RM zoning issue be revisited or removed from consideration.
Linda Watkins took issue with over -development and increased traffic, suggested Council
conduct several study sessions to determine how the 2006 General Plan turned into the current
General Plan and Zoning Code.
Michael Mack expressed his opposition to changing anything in the RM zone and believed
changes would be a taking of property when property owners have entitlements.
Joni Martin indicated she does not have a problem with the changes that are occurring in the
RM zone around the 1800 block of Ocean Front, noted there is a financial value that comes with
RM development standards, believed changing the RM regulations prohibits property owners
from building a property that is consistent with the community, noted the small number of
properties in RM zones, and indicated 9 of 15 RM property owners she spoke with expressed
opposition to changing the regulations and she will be 4hing out to as many of the
RM property owners as possible. -�
Catherine Martin Wolcott, representing the Martin Family Trust, expressed opposition to any
amendments in the RM zone, as t]ify could significantly affect their property values and
property rights, believed amendments would not change massing issues since the problem is
with third floor decks, pointed out that it is difficult to pick out a single-family house or a multi-
family house in this zone, noted all parcels should be treated equally, expressed support for the
beach cottage proposal, and indicated deck shading is helpful for health and safety.
Carmen Rawson took issue with Zoning Cke definitions associated with decks since they are
subject to interpretation, believed livable spaces on decks should be prohibited, expressed
concern for parking spaces and square footage associated with beach cottages, and expressed
support for amending the RMV e.
Mark Teale, architect, believed massing should be mitigated in the City and covered decks
should comply with setback regulations. He suggested keeping the area open on 50% of the
perimeter of roof decks.
Referencing SB 330, Mayor Pro Tem O'Neill believed the City could deal with beach cottage
preservation and roof deck issues; however, might be restricted relative to RM zone and
buildable square footage issues since SB 330 will look at changes made since January 1, 2018.
Following Council discussion and input, Mayor Dixon summarized that all Council members
supported cottage preservation, a majority supported the application of third floor step backs
for covered decks, and requested staff bring back options to reduce mass and increase
articulation of single-family and multi -unit structures in the RM zone.
Mayor Pro Tem O'Neill indicated he is supportive of third floor step backs for covered decks, but
not supportive of the roof deck prohibition. He stated that, if this approach was pursued, he
suggested sending postcards about this to Balboa Island and Corona del Mar residents.
Council Members Brenner and Herdman agreed that this needs more community input
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City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
Hoiyin Ip displayed a slide to encourage the City to adopt an ordinance to ban all plastic products, noting
the City has the weakest ordinance.
Referencing Item IV.B, Jim Mosher noted the address listed is the current site of the Newport Beach
Animal Shelter.
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 titles.
IV. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code § 54956.8): 1 matter
Property: 20302 Riverside Drive, Newport Beach, 92660
APN: 439 251 05
Agency Negotiator: Grace Leung, City Manag*�
Carol Jacobs, Assistant City Manager
Negotiating Parties: 20302 Riverside Dr. LLC, represented by Kathy Leonard
Under Negotiation: Instruct negotiator as to price and terms of payment
V. RECESSED - 6:20 p.m. i
VI. RECONVENED AT 7:10 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Diane,41xon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
VIII. CLOSED SESSION REPORT
City Attorney Harp reported that no reportable actions were taken.
IN. INVOCATION - Pastor Phil Eyskens, Lighthouse of Costa Mesa Church of the Nazarene,
Costa Mesa
X. PLEDGE OF ALLEGIANCE - Council Member Avery
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
Council Member Avery:
• Attended a Newport Beach Historical Society event at the Muth Interpretive Center regarding the
Back Bay, an Aviation Committee meeting, a Housing Task Force meeting, and a Housing Task
Force subcommittee meeting
Council Member Muldoon:
• Participated in the Tunnel to Tower 5K to remember the victims of 9-11
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City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
Council Member Brenner:
• Displayed slides to announce a September 16 Short -Term Lodging Stakeholder meeting on
September 16 and a Corona del Mar Meet and Great on September 28, and discuss the first check-
out at the Corona del Mar Library with members of the Friends of the Corona del Mar Library, and
her visit to the Fountain Valley Waste Water Recovery Center with Charles Klobe and Nancy
Scarborough
• Attended a roundtable on mental health organized by Congressman Harley Ronda along with
Council Member Herdman, an Education and Outreach Subcommittee meeting, two Homeless Task
Force subcommittee meetings, the Corona del Mar Residents Association (CdMRA) meeting with
Mayor Pro Tem O'Neill and Council Member Herdman, public scoping meetings at the Orange
County Sanitation District (OCSD) with CdMRA President Debbie Stevens and City Engineers
Sinacori, a community outreach meeting conducted by Principal Planner Murillo regarding the
construction changes discussed during today's study session, a City Council Ad Hoc Committee on
Election Reform meeting and announced a public input session will be conducted on October 14 at
5:00 p.m. in the Friends Room, the Second Annual OASIS Car Show and Pancake Breakfast, the
Newport Beach Chamber of Commerce Eco Expo and Com unity Emergency Response Team
(CERT) Disaster Preparedness Expo, the Newport Shores ock party, and an event at the Muth
Interpretive Center to kick off the new book about the Robinson's efforts to save the Back Bay from
development (displayed slide)
• Met with Homeless Task Force Members Jean Wegener and Terry Moore; Craig Smith, Lilly
Mazieres and Bob Taylor of the Citizen' Climate Lobby regarding sea level rise; stakeholders
regarding short-term lodging issues with Mayor Dixon and Council Member Herdman; Tom
Callister of the City's CERT program and CERT Coordinator Brisbois regarding ideas for the
Emergency Council; Jayne Ruane and Bob Evans to discuss Jasmine Park Homeowners Association
issues; Friends of the Newport Beach Animal Shelter Board Members Jean Watt, Walt and Karen
Howald, and Sharon Esterley and Council Member Muldoon to discuss the future of the shelter,
and Newport Harbor High School Mentee, Vanessa Conejo
Council Member Herdman:
• Attended the Newport Beach Chamber of Commerce Government Affairs Committee meeting, the
Police Department badge pinning ceremony, the Water Quality/Coastal Tidelands Committee
meeting and announced next month's meeting will discuss the possibility of banning single -use
plastics, the Newport Beach Chamber of Commerce Eco Expo and CERT Disaster Preparedness
Expo, and the Newport Shores block party
• Met with constituents regarding sea level rise and pending legislation, , two Aviation Committee
members, and Board of Supervisor Steel regarding the Requests for Proposals (RFP) for the General
Aviation Implementation Plan (GRIP) with Mayor Dixon
• Visited potential homeless shelter sites
• Spoke at the Board of Supervisors meeting today regarding the GRIP RFP, along with Mayor Dixon
and several community members
• Announced the Balboa Island Carnival and Taste of the Island event on September 15
Mayor Pro Tem O'Neill
• Attended the CdMRA meeting, the Newport Beach Chamber of Commerce Government Affairs
Committee meeting, the Fire Department badge pinning ceremony, Wake up Newport where Fire
Chief Boyles spoke, the Second Annual OASIS Car Show and Pancake Breakfast, the City Council
special meeting to discuss homeless issues and reviewed the direction relative to site locations
• Announced the Homeless Task Force meeting on September 17
• Displayed slides to discuss his visit to the Orange County Water District Groundwater
Replenishment System, and announce Lincoln Elementary School's blood drive on September 11,
his office hours on September 11, Spyglass Hill's picnic on September 15, and the Fire and Lifeguard
Appreciation Dinner on September 19
Mayor Dixon:
• Attended the Board of Supervisors meeting today and read her statement regarding the GAIP RFP,
Volume 64 - Page 182
City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
Announced the opening of the SAP Innovation Center, which includes the HanaHouse coffee shop
and community workspace, the "Newport Beach: Glimpse of the Past" exhibit at the Sherman
Gardens Library until November 1, the International Literacy Day Celebration on September 12,
Concert on the Green on September 15, featuring Flashback Heart Attack, and a Neil Diamond
Tribute at Marina Park on September 29
Provided lifeguard statistics for June, July and August associated with the 4,348,000 beach visitors
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Develop a sign and messaging program, throughout the City, that discourages giving
money directly to panhandlers and encourages donations to programs that offer services
to assist persons experiencing homelessness [O'Neill]
The City Council unanimously concurred to place the matter on a future agenda.
Aft
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Regarding Item 19 (Recommendation of Parks, Beaches, and Recreation Commission (PB&R) with
regard to Marine Avenue Tree Maintenance), Council Member Muldoon thanked PB&R for listening to
the residents.
I&
Denys Oberman asked what services E CO/NOMI CS, Inc. will be performing for the City, and questioned
the term and fee for service (Item 8).
AOL -
Jodi Bole, Balboa Island Preservation Association (BIPA), thanked Council and PB&R for support in
keeping a majority of the Marine Avenue trees (Item 19).
Prior to comments regarding Item 5 (Initiation of Zoning Code and LCP Amendments Related
to Hedge Heights in Front Yard Setbacks for Lido Isle (PA2019-132)), Mayor Dixon recused
herself and left the dais.
le
Shana Conzelmanb lieved the issues associated the hedge heights on Lido Isle deal with line of sight
versus privacy, asks if the City will be conducting the code enforcement, and expressed concern with
the definition of "front setback."
Scott Souders pointed out that the Lido Isle community voted to raise the hedge height to 60 -inches for
privacy reasons and expressed opposition to the proposed change.
Mr. Kittinger believed the amendment should include protection of property lines between neighbors or
relief from neighbors whose tree encroaches on their neighbor's property.
In response to Mayor Pro Tem O'Neill's questions, Community Development Director Jurjis indicated
the initiation intends to focus more on strata, not front setback, and confirmed enforcement would be
through the City.
In response to Mary Fitzgerald's question, Mayor Dixon clarified that the panhandling item will be on
the September 24, 2019 agenda.
XV. CONSENT CALENDAR
1.,1Dk1I]AYII/]9�9/AY�IYAC`JE WgII/].11]AgEgY1lD1C5
1. Minutes for the August 3, 2019 City Council Meeting [100-2019]
Waive reading of subject minutes, approve as amended, and order filed.
Volume 64 - Page 183
City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
C/].11]AgE WYIIAC9YC/].IEUZ/]JY[/Aq
3. Second Reading and Adoption of Ordinance No. 2019-13 Amending PC -19 (San Joaquin
Plaza Planned Community) and Ordinance No. 2019-14 Approving a Development
Agreement for the Vivante Senior Housing Project Located at 850 and 856 San Clemente
Drive (PA2018-185) (C-8187-1) [38/100-2019]
a) Find that the EIR Addendum for the Vivante Senior Housing Project certified by the City
Council on August 13, 2019, and Museum House Project Environmental Impact Report (EIR)
No. ER2016-002 (SCH No. 2016021023) certified by the City Council on November 29, 2016, by
Resolution No. 2016-126 was prepared for the project in compliance with California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3;
b) Conduct second reading and adopt Ordinance No. 2019-13, An Ordinance of the City Council of
the City of Newport Beach, California, Adopting Planned Community Development Plan No.
PC2018-001 Amending the San Joaquin Plaza Planno Community (PC -19) Located at 850 and
856 San Clemente Drive (PA2018-185); and
c) Conduct second reading and adopt Ordinance No. 2019-14, An Ordinance of the City Council of
the City of Newport Beach, California, Approving Development Agreement No. DA2018-005 for
the Vivante Senior Housing Project Located at 850 and 856 San Clemente Drive (PA2018-185).
RESOLUTIONS FOR ADOPTION ob
4. Resolution No. 2019-77: A Request by the Newport Shores Community Association to Opt
Out of the Designated High -Density Area [100-2019]
a) Find this action 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 hasAA potential for resulting in physical change to the environment, directly or
indirectly;
b) Find the removal of the Newport Shores Community Association from the geographical
designation of the high-density area will not negatively affect the surrounding property owners;
and
c) Adopt Resolution No. 2019-77, A Resolution of the City Council of the City of Newport Beach,
California, Excluding the Geographical Boundaries of the Newport Shores Community
Association from the Definition of the Designated High -Density Area Pursuant to Newport Beach
Municipal Code Section 10.28.040(F).
City Clerk Brown recused herself on Item 4 due to real property interest conflicts.
5. Resolution No. 2019-78: Initiation of Zoning Code and LCP Amendments Related to Hedge
Heights in Front Yard Setbacks for Lido Isle (PA2019-132) [100-2019]
a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2019-78, A Resolution of the City Council of the City of Newport Beach,
California, Initiating Amendments to Title 20 Entitled `Planning and Zoning" and Title 21
Entitled `Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal
Code Related to Hedge Heights in Front Yard Setbacks within Lido Isle (PA2019-132).
Mayor Dixon recused herself on Item 5 due to real property interest conflicts.
Volume 64 - Page 184
City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
6. Resolution No. 2019-79: Update to City Council Policy F-27 - Policy and Procedures for
City Distribution of Tickets or Passes [100-2019]
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. 2019-79, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy F-27 'Policy and Procedures for City Distribution of
Tickets or Passes" to Include Newly Adopted Fair Political Practices Commission Rules.
CICIAWY/kC!!I Y3JE�gI7�C!//,1D1 �9/�W K5
Approval and Award of On -Call Maintenance/Repair Services Agreements with Joslin
Mobile, Inc. (C-7508-2) and Computer Deductions, Inc. (C-8531-1) for Vehicle
Customization and Upfitting Services [38/100-2019]
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 On -Call Maintenance/Repair Services AOreements with Joslin Mobile, Inc. and
Computer Deductions, Inc. for vehicle customization and upfitting services, each for a three-
year term and a total amount not to exceed $450,000 per agreement, and authorize the Mayor
and City Clerk to execute the agreements. Id
Council Member Muldoon recused himself on Item 7 due to business interest conflicts.
S. Amendment No. One to On -Call Professional Services Agreement with ECO/NOMICS, Inc.
(C-8478-1) [38/100-2019]
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. One to Professional Services Agreement with ECOINOMICS, Inc. to
extend the term of the agreement until May 8, 2025, and to increase the not to exceed amount
by $750,000 for a total not to exceed amount of $1,050,000, and authorize the Mayor and City
Clerk to execute the amendment.
Council Member Muldoon voted no on Item 8.
9. Amendment No. One to On -Call Maintenance and Repair Services Agreements with
Academy Electric, Inc. (C-7150-1), Laughlin & White, Inc. (C-7149-1), and A.C. Pozos
Electric Corp. (C-7148-1) for On -Call Electrical Repair Services [38/100-2019]
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. One to On -Call Maintenance and Repair Services Agreement for On -
Call Electrical Repair Services with Academy Electric, Inc. to extend the term of the agreement
to five years and increase the not to exceed amount by $150,000, for a total not to exceed
$250,000, and authorize the Mayor and City Clerk to execute the amendment;
c) Approve Amendment No. One to On -Call Maintenance and Repair Services Agreement for On -
Call Electrical Repair Services with Laughlin & White, Inc. to extend the term of the agreement
to five years and increase the not to exceed amount by $150,000, for a total not to exceed
$250,000, and authorize the Mayor and City Clerk to execute the amendment; and
d) Approve Amendment No. One to On -Call Maintenance and Repair Services Agreement for On -
Call Electrical Repair Services with A.C. Pozos Electric Corporation to extend the term of the
agreement to five years and increase the not to exceed amount by $150,000, for a total not to
exceed $250,000, and authorize the Mayor and City Clerk to execute the amendment.
Volume 64 - Page 185
City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
10. Amendment No. One to On -Call Maintenance and Repair Services Agreement for Roll -Up
Door Preventative Maintenance and As -Needed Repairs with Excel Door and Gate
Company, Inc. (C-7381-2) [381100-2019]
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. One to On -Call Maintenance and Repair Services Agreement for roll -
up door preventative maintenance and as -needed repairs with Excel Door and Gate Company,
Inc. to extend the term of the agreement to five years and increase the not to exceed amount by
$380,000 for a total not to exceed amount of $500,000, and authorize the Mayor and City Clerk
to execute the amendment.
11. Approval of Amendment No. One to Professional Services Agreement with Chambers
Group, Inc. for Environmental Services for the Superior Avenue Pedestrian and Bicycle
Bridge and Parking Lot Project (15T09) (C-8020-4) [381100-2019]
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. One in the amount of $44,242.00 to the Professional Services
Agreement with Chambers Group, Inc. for additional environ ental services for a new not -to -
exceed total price of $161,217.00, and authorize the Mayor d City Clerk to execute the
Amendment.
12. Approval of Amendment No. One to Lease Agreement with Williams Scotsman, Inc. for
Temporary Fire Station No. 5 Facility (15F12) (C-8136-1) [381100-2019]
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 physicka hange to the environment, directly or indirectly; and
b) Approve Amendment No. One in the amount of $30,000.00 to the Lease Agreement with
Williams Scotsman, Inc. for additional rental charges for a new not -to -exceed total price of
$150,000.00, and authorize the Mayor and City Clerk to execute the Amendment.
le
Council Member Brenner recused herself on Item 12 due to real property interest conflicts.
13. Acceptance of the State of California Office of Traffic Safety Selective Traffic
Enforcement Program Grant (C-8201-4) [381100-2019]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly;
b) Authorize the City Council to accept a $250,000 Selective Traffic Enforcement Program (STEP)
award granted to the NBPD by the OTS per Council Policies F-3 and F-25. To comply with
Council Policy F-3, City Council must formally accept the award of $250,000 and create a new
appropriation to expend the funds; and
c) Approve Budget Amendment No. 20-010 increasing NBPD revenue estimates and expenditure
appropriations by $250, 000.
14. Tentative Agreement with Newport Beach Lifeguard Management Association (NBLMA)
(C -2058-B) [381100-2019]
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 consider the Tentative Agreement between the City of Newport Beach and the
Newport Beach Lifeguard Management Association.
15. Approval and Award of Printing Services Agreement with I Color Printing & Mailing Inc.
for the Newport Navigator and Summer Camp Guides (C-7600-1) [381100-2019]
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City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
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) Award a five (5) year printing services contract for the Newport Navigator brochure and summer
camp guide to I Color Printing & Mailing Inc. for the total not to exceed bid price of $520,000
($104,000 each year), and authorize the Mayor and the City Clerk to execute the contract
agreement.
MISCELLANEOUS
16. Planning Commission Action Report for the August 22, 2019 Meeting [100-2019]
Receive and file.
17. Budget Amendment to Accept a Check from the Friends of the Newport Beach Library
and Appropriate Funds to the Library's Fiscal Year 2019-20 Maintenance and Operation
Budget [100-2019]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Accept a check in the amount of $185,000 from the Friends of the Newport Beach Library and
approve Budget Amendment No. 20-008 to increase revenues and expenditures by the same
amount in Division 0106052 (Friends of the Library). 4
18. City Hall and Limited Off -Site Holiday Closure from Tuesday, December 24, 2019, through
Wednesday, January 1, 2020 [100-2019]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve closing the Civic Center and providing limited services at off-site facilities from
Tuesday, December 24, 2019 through Wednesday, January 1, 2020. All facilities would reopen
on Thursday, January 2, 2020. The proposed closure does not apply to public safety services or
emergency on-call functions.
19. Recommendation of Parks, Beaches, and Recreation Commission with regard to Marine
Avenue Tree Maintenance [100-2019]
a) Find 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, Code of Regulations,
Title 14, Chapter 3 because it will not result in a physical change to the environment, directly
or indirectly; and
b) Receive and file the report.
Council Member Herdman recused himself on Item 19 due to real property interest
conflicts.
Motion by Mavor Pro Tem O'Neill, seconded by Council Member Herdman, to approve the
Consent Calendar; and noting the recusals by Mayor Dixon on Item 5, Council Member Muldoon on
Item 7, Council Member Brenner on Item 12, and Council Member Herdman on Item 19; the "no" vote
by Council Member Muldoon on Item 8; and amendments to Items 1.
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
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City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
Denys Oberman noted she provided written comments, disputed a previous staff comment regarding
side setback standards, discussed of the City's fire and safety standards, and requested the City enforce
its regulations.
Jim Mosher discussed the California Coastal Commission's (CCC) limited power over the City, the
location of the Pine Knot Motel, and the public's ability to appeal projects to the CCC. Regarding
homelessness, he noted religious organizations that own Private Institution (PI) property have State -
mandated authority to be able to operate a shelter, suggested hotels offer unused rooms to the homeless,
and believed providing shelter is not entirely a government issue and the lack of a shelter is not entirely
the City's fault.
Mo Garkani, California Visitors Bureau Board Member, believed the homeless issue needs immediate
action.
Fred Sotomayor expressed concern that Buck Gully property owners have not conducted their fire
mitigation measures, discussed potential hazards due to theovergrown vegetation, and believed more
enforcement is needed. �
In response to Council Member Brenner's questions, Fire Chief Boyles explained Fire Marshal Bass'
roll, confirmed the City is working with the homeowner associations in the Buck Gully area and code
enforcement, and indicated he can meet with Mr. Sotomayor to discuss �his further.
Angela Ashmore expressed frustration regarding the homeless issue, relayed incidents involving herself
and her family, believed we need to take back the City, the Police Department needs to make more
arrests, and other ordinances may be able to assist the City.
Ron Meskez discussed scholarship impacts to female Newport Aquatic Center (NAC) rowers as a result
of the City not removing NAC boar ers from office and read quotes from NAC rowers.
XVIII. PUBLIC HEARINGS �.
20. Resolution No. 2019-80: Appeal oI—Reed Residential Variance for 1113 Kings Road
(PA2019-060) [100-20191
Community Development Director Jurjis and Principal Planner Murillo utilized a PowerPoint
presentation to display location maps, discuss existing developments, grade comparisons,
topography, the gully and its effect on the overall design, report on the subject property and
variances, project details, variance findings, building height features, variance effects on
surrounding properties, the Planning Commission's decision, discussed the appeal from Stop
Polluting Our Newport (SPON), and reviewed the recommended actions.
Council Member Avery noted the amount of communication received from both sides of the issue
and expressed disappointment that the neighborhood could not work together.
The following ex parte communication occurred:
• Council Member Avery spoke on the phone with the Carolyn Reed, Ed Sehch, and Gus Azadian
• Council Member Duffield spoke on the phone with the Carolyn Reed and Ed Sehch
• Council Member Muldoon met with the Carolyn Reed and their neighbor
• Council Member Brenner met with Carolyn Reed, Shawna Shaffner, Ed Selich, and Gus and
Fawzia Azadian
• Council Member Herdman met with Carolyn Reed, Shawna Shaffner, Ed Selich, and neighbors
from both sides of the project
• Mayor Pro Tem O'Neill met with the Carolyn Reed, Shawna Shaffner, Ed Selich, and Gus and
Fawzia Azadian
• Mayor Dixon met with Carolyn Reed, Shawna Shaffner, Ed Selich, and a neighbor on the street,
and corresponded with a number of the neighbors
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City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
Shawna Schaffner, CAA Planning/representing the applicant, utilized a PowerPoint presentation to
discuss the Planning Commission's approval, their response to the appeal, the variance request,
existing variances on the property and neighboring properties, plan changes and revisions, display
existing and proposed photos, rear elevation and variances, highlight variance findings and
conclusions, and noted a variance would be needed even if a one-story house was built.
In response to Mayor Dixon's questions, Ms. Schaffner stated the current variance is to increase the
height of a garage, more massing would occur on the street side if they adjusted the square footage
to eliminate the variance, discussed the difficulty of measuring height limit on the steep slope, noted
a majority of the Kings Road homes are built property line to property line, believed the design is
trying to be sensitive to those that could see the house, and requested Council approval.
Bruce Bartram, President of Stop Polluting Our Newport (SPON)/appellant, believed the project
does not meet California law, the Newport Beach Municipal Code (NBMC) or Supreme Court
guidelines for needing a variance, pointed out that the variance is only for 353 square feet of the
10,803 square foot project, believed that a finding be included the documentation that the square
footage is necessary for the variance if the variance was a ved, noted the project has created
d ssention and conflict in the neighborhood, highlighted the fi hgs of SPON's attorney, Michelle
Black of Chatten-Brown, Carstens & Minteer LLP, requeste Council not set precedence, and
believed the remainder of the structure can be built without the variance and the variance is
inconsistent. 4
Mayor Pro Tem O'Neill noted the size of the variance compared to the overall project size cannot be
a consideration, asked what legal basis irihe NBMC or case law discusses the remaining structure,
and emphasized Council is not supposed To look at the rest of the structure and can only focus on
the variance.
Mayor Dixon opened the
Fawzia Azadian, provided ndout, noted she is the next door neighbor, expressed concerns
relative to her famlIy'a.6&-Lyac3J safety, view rights, decreased property value, and stability of the
bluff, believed this w bad precedence, read a quote from Ms. Shaffner about the Marina
Park project that con ed as�," argument in this appeal, believed the project is incompatible
with the neighborhoo and requesW that Council deny the request.
W
Peter Zak stated he the former Chair of the Planning Commission that unanimously approved
the project, discussed heir role and amount of time that was put into reviewing the project, noted
the project met all the findings, and expressed concern with SPON targeting a homeowner.
Manizheh Yomtoubian noted she is the next door neighbor, indicated they built their home without
any variances or possible harm to the neighbors, believed the structure would be a public nuisance,
expressed concern it might compromise her and the neighbor's homes, discussed topography and
passive soils, asked why the applicant is not terracing down the bluff, and requested Council deny
the variance.
Bill Dunlap, former Planning Commissioner, believed that, although the project fits within the code
and the applicant can build a 22,000 square foot house, the bigger issues are related to massing and
setbacks. He requested the City look at the character and nature of the neighborhood.
Jim Naval indicated he lives two houses from the project, stated he previously was told he would be
granted a variance if he did not block the neighbors' views, believed this would begin a massing
precedence, expressed issues with sewer backups, and suggested that this project be required to
install its own sewer system.
Peggy Palmer discussed a meeting she had with the applicant and neighbors, believed there is no
hardship, and took issue that the size of the project is not compatible with the neighborhood.
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City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
Jon Foshiem believed the appeal is based on emotions, not law, and requested Council uphold the
Planning Commission's decision.
Nick Kovacevich expressed support for Planning Commission's decision since the variance has little
impact on the overall project and believed the variance is necessary due to the slope.
Chris Gruber stated he is disappointed the project is in the appeal process, believed the design fits
with the community, noted how the gully affected the design, and expressed support for the
variance.
John Pomer appreciated that the applicant is not building more on the street side, expressed support
for the project, and believed the variance is a minor request.
Carol Anne Dru believed the project should have a 20 -foot setback instead of a 10 -foot setback to
make everything fair. Principal Planner confirmed the ocean side has 10 -foot setbacks.
Gary Sokolich took issue with the staff report and findings,-4heved the project is detrimental to
the property values for the surrounding residents on Kings Road, the variance is unnecessary and
inappropriate, and Council should review the letter fr SPON's attorney.
Bruce Trotter displayed and read a flyer regarde 2006 General Plan Update and requested
Council deny the variance because it negates nei orh40
ood standards and devalues properties.
Brian Krebs expressed support of the variance.
Nate Mattson expressed support for the variance and belied it is reasonable.
Lee Goodin expressed support for the variance, noted the applicant has the right to build their home,
and believed the variance process was created for situations like this.
Matt Wooley expressed support for the variance, believed SPON should focus on broader issues in
the City, and noted applicant could build something that takes up a larger footprint.
Gretchen Krebs&tated she lives on Kings Road and requested Council uphold the Planning
Commission decision.
Ross Gielow expressed support for the variance, believed the project will increase property values,
and noted the smaller project size for the lot.
DJ Countess noted the applicant's property rights and expressed support for the variance.
Marlowe Moy expressed support for the variance.
TJ Williams expressed opposition to the variance and indicated he has 40 signed petitions from
Kings Road neighbors who also oppose the variance.
Ghassem (Gus) Azadian expressed opposition to the variance, noted that most of the supporters do
not live on Kings Road, believed the project would affect his property value, expressed concern for
his family's privacy and quality of life, stated why he believed some City officials would not meet
with him when they met with the applicant and the applicant's consultants, took issue with
Mr. Selich's involvement with the project, believed the process has not been transparent, and
expressed concern for the community's health, safety and welfare since the project is incompatible
with the existing neighborhood.
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September 10, 2019
Jim Mosher noted the variance should be denied if it does not meet all six findings, pointed out the
applicant purchased the property knowing it had the gully, believed staff is inventing property
rights that do not exist, the design should take any detriments to the neighbors into consideration,
this might start a trend for surrounding neighbors to request variances that are higher than this
one, noted the General Plan protects natural resources and believed the variance would destroy the
bluff, agreed that the structure does not seem compatible with the neighborhood, and requested that
any changes to the project be sent directly to the Planning Commission.
Charles Klobe stated SPON took on this issue at the request of the residents, requested this item
be referred back to the Planning Commission, suggested placing a moratorium on ocean side
construction until the City reviews the history of the Zoning Code, and expressed opposition to
massing on the street side.
Sandra Ayres questioned if the project meets all the necessary findings.
Max Johnson asked if Council Members would approve the project if it was next door to them,
applauded SPON for appealing the project, indicated he does not currently support the variance but
suggested no action be taken until the Zoning Code can be reviewed.
Allan Beek stated he is the Secretary of SPON and a past Planning Commissioner, believed all
projects should be limited to what is in the regulations, took issue with the massing of this project,
and believed the gully is part of nature and not a hardship.
Josh Baehr expressed support for the aand noted the applicant has done everything
necessary for approval. _
Shawna Shaffner utilized a PowerPoint presentatmOshow how the project would be redesigned
without the variance and issuZrelated to doing this, discussed property rights, believed the SPON
attorney letter is misleading and indicated they submitted a response, noted neighboring property
received variances, pointed out the geotechnical report showed there would be no significant issues,
indicated the propert is within the allowable setbacks, expressed concern with a moratorium,
believed alternativlans would be more impactful and the current project would not cause the
detriments discus ed earlier.
A
Hearing no further testimony, Mayor Dixon closed the public hearing.
Mayor Pro Tem O'Neill explained the reason variances are requested, reiterated Council is required
to focus only on the variance, not public views, how large the project will be, or if the neighborhood
is harmonious. He reported SB 330 will prohibit the City from placing a moratorium on construction
or making any zoning changes that would cause a house like this to be built; expressed concern that
Line in the Sand, an Internal Revenue Code 501(4)(c) organization, got involved and suggested they
get involved in SB 330; believed this does not create precedence since variances are specific to the
property and the ones around it, and does not extend to all the homes in the neighborhood; stated
that, even if the Planning Commission decision is overturned, the City should never bypass the
Zoning Administrator process and go directly to the Planning Commission; and indicated he is
supportive of the Planning Commission decision.
At Council Member Herdman's request, a list of the variance findings was displayed.
Council Member Brenner expressed concern for what will happen to the Azadians, indicated she is
having a problem with seeing a hardship, expressed disappointment that the applicant was not able
to find a solution with the neighbors. She indicated she will not be supporting the variance because
she does not feel there is a a hardship.
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NIX
Council Member Avery indicated, if this same house came before Council tonight without a variance,
he would support it because he supports property rights; however, he expressed concern that the
project could not be designed without the variance.
Council Member Duffield pointed out that the applicant paid for the gully, asked if there was proof
that the gully made the lot size larger, indicated the applicant has the right to build on the lot, and
believed there was a hardship.
Motion by Mavor Pro Tem O'Neill, seconded by Council Member Duffield, to a) find this
project categorically exempt under Section 15303, of the California Environmental Quality Act
(CEQA') Guidelines - Class 3 (New Construction or Conversion of Small Structures), California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment; and b) adopt Resolution No. 2019-80, A Resolution of the City Council of
Newport Beach, California, Upholding and Affirming the Planning Commission's Approval of
Variance No. VA2019-002 to Allow Portions of a New Single -Family Residence to Exceed the
Maximum Height Limit for Property Located at 1113 Kings Ro d (PA2019-060).
Mayor Dixon indicated she is unsure why a variance is noted that the variance request is
small but believed the project could have been adjusted, d concern for the impacts of the
project to the adjacent neighbors, and believed the gully could not be considered a hardship if the
applicant purchased the property knowing the gully would be a problem.
With Mayor Dixon, Council MemberAvery Council Member Brenner voting no, the
motion carried 4-3.
21. Community Development Block Grant (CDBG) Program Year 2018-2019, Consolidated
Annual Performance and Evaluation Report (C-8209-5) [100-2019]
AW
Community Development Director Jurjis introduced Consultant David Nunez and utilized a
PowerPoint presentation to discuss the CDBG expenditures by category and highlight
accomplishments.
Mayor Dixon suggested listing the amount of CDBG capital improvement funds that are being held
for future projects and recommended that future funding be used for programs that affect the City,
specifically to address the homeless issue. Community Development Director Jurjis noted that, of
the 343 homeless individuals that were helped, there were only 16 Newport Beach residents.
Mayor Dixon opened the public hearing. Hearing no testimony, she closed the public
hearing.
Motion by Council Member Muldoon, seconded by Mavor Pro Tem O'Neill, 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 2018-19 CAPER; and c) authorize the City Manager or her designee to submit the Program
Year 2018-19 CAPER to HUD.
The motion carried unanimously.
22. Resolution No. 2019-81: Proposed Revisions to City Council Policy B-17 - Parks, Facilities
and Recreation Program Donations [100-2019]
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City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
Motion by Council Member Muldoon, seconded by Council Member Duffield, 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; b) consider the recommendation from
the Parks, Beaches, and Recreation Commission, and approve revisions to Council Policy B-17; and
c) adopt Resolution 2019-81, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy B-17 "Parks, Facilities, and Recreation Program
Donations."
Jim Mosher suggested including the PB&R minutes in future staff reports.
The motion carried unanimously.
23. Ordinance No. 2019-15: Amending Newport Beach Municipal Code Chapter 6.04 -
Garbage, Refuse and Cuttings and Adding Chapter 6.06 - State Mandated Municipal Solid
Waste Diversion Programs [100-2019]
Deputy Public Works Director Martin provided a brief staff report.
Jim Mosher noted the clean and redline versions do not match. City Attorney Harp indicated any
discrepancies will be corrected for the September 24, 2019 meeting.
Motion by Council Member Averv, seconded by Mavor Pro Tem O'Neill, 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, direct the City Clerk to
readby title only, introduce Ordinance No. 2019-15, An Ordinance of the City Council of the City of
Newport Beach, California, A ding Portions of Chapter 6.04 and Other Related Provisions of the
Newport Beach MunicipalC"nd Adding Chapter 6.06 to Title 6 of the Newport Beach Municipal
Code to Incorporate State tes on the Diversion of Municipal Solid Waste, and pass to second
reading on September 019.
The motion car unanimously.
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - Adjoved at 10:40 p.m. in memory of Jack Skinner
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 5, 2019, at 4:00 p.m. The amended 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 6, 2019, at 12:00 p.m.
Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
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