HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach
Special Meeting
September 4, 2019
September 24, 2019
Agenda Item No. 1
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 mod for the permanent shelter.
Police Chief Lewis reported, once the agreement with the OCTA i alized and the Transportation
Center installs appropriate signage, the Police Department n 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 start time for today's meeting, believed the homeless issue is
big business for real estate developers,and(ressed concern that the sober living homes in Costa
Mesa are creating the City's issues.
Jeff Dube, General Manager represent ihana 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
is selected, the restaurant is�repared to allocate resources to safeguard the surrounding area.
Arthur Greenwooressed opposition to placing a homeless shelter at 825 West 16th Street due
to the proximity to den Hall, Coastline College, and Pacifica Christian High School.
Hoiyin Ip discussedlinvMement in a homeless organization, believed people need to know the
other side of the iss uggested the author of My Way Home provide a lecture at the Library, and
discussed the mural IrCosta 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 W- aR449, Van Otten 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 Vand4-4ew3ALalker 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, like questing that other cities expand
their facilities and utilizing temporary trailers on vacant lots, J&asked that clear definitions be
developed, legal ramifications be considered, and asked what thits would be for the City.
Paul Matheis expressed support for a long term, permat app , and disagreed with the
public's criticism of staff. y
Roger MacGregor indicated he owns the property ak from 005 West 16th Street and none of his
tenants are enthusiastic about having a homeless shelter at that location, noted the area is also
residential, and believed a homeless shelter will hurt property values.
Jobn Schisler, Starboard Realty Partners, expressedopposition 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 to a busy inter tion, pointed out the location is an entryway to the City, and noted
Switzerland does not have eless problem.
Lisa Khudic expressed concer iplacing 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 Jacobs 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 issu and will also be providing more
information via social media.
Council Member Avery pointed out there are no simple solutions issue and the City cannot
do it without input from residents and assistance from chLAes, vernmental organizations,
and residents.
Mayor Pro Tem O'Neill emphasized that the City Cluncil will not be deciding on a specific property
for a homeless shelter during Closed Session and explained the reason for Closed Session.
IV. PUBLIC COMMENTS - None
City Attorney Harp reported the City Cudd adjourn to Closed Session to only discuss
Items IV.A 1 and IV A.$ as listed in th =on
agenda, and read the titles.
The City Council recessed into C o d Session at 6.07p.m.
IV. CLOSED SESSION
A. CONFERENCE 4 WITH R AL 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 Addrepy: 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.
Volume 64 - Page 176
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 - None
In response to Mayor Dixon's question, City Manager Leung explained the purpose of on-call
agreements and contracts, reported staff reviewed the proce Aand believed it has been updated
to improve accountability and reduce future amendments.
SS2. Proclamation Designating International Literacy Da
Mayor Dixon read the proclamation and presented itARNewport/Mesa ProLiteracy Literacy
Coordinator Cherall Weiss and Advisory Board Chair Evff�Marie Kuntzman, who provided
handouts, invited everyone to attend the Internation6l Literacy Day Celebration on
September 12, 2019, and relayed positive outcomes as a result of the program.
SS3. Check Presentation from the Friends Lhqerary
Ah
Amy Hunt, President of the Newport Beach Frietds of the Library, and Wendy Frankelee, Book
Store Manager, presented a check for $185,000 to the City, explained how the funds are
generated, and indicated the Fends 0e donated $3.5 million over the past 14 years.
SS4. Community Outreach a ]Wral Bureau of Investigation (FBI)
Diane Gonzalez, 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 Amend 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 the C will not have these issues in the
future.
Charles Klobe expressed support for all three propose 4 suggested having local
architects advise staff on how to tighten loopholes, /nd a ith Jim Mosher's written
response to the RM component. t
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 vfh the community, and believed decks
should be counted toward the square footage and remain open.
.me
Tom Houston believed the charm of the older p&rts of the City is changing due to the abuses
within building law, and discussed massing and building height issues on Balboa Island.
Lee Pearl notedbeach cottages Balbol 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 Oberm elieved decks should remain open with no permanent roof or side pieces,
offered to pro Council with the background of the 2010 General Plan, and suggested
following the can 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 she_ear 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.
Volume 64 - Page 179
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 PAl Lingle -use plastic food
ware , noting the City has the weakest andfewest trash ordinances compared to Laguna Beach,
Dana Point and San Clemente.
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
CW4191010DIHD1010D\6gY11011DC MILOLfl11010DII
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4): 1 matter
B. CONFERENCE WITH REAL PROPERTY
(Government Code § 54956.8): 1 matter
Property: 20302 Riverside Drive, Newport B6710
APN: 439 25105
Agency Negotiator: Grace Leung, City Manage
Carol Jacobs, Assistant City Manager
Negotiating Parties: 20302 Riverside Dr. LLC, represented by Kathy Leonard
Under Negotiation: Instruct negotiator as tAprice and terms of payment
V. RECESSED - 6:20 p.m.
VI. RECONVENED AT 7:10 P.M. FOR RE&4PILIREETING
VII. ROLL CALL W
AL
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
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
COMMITTEE ACTIVITIES
Council Member Avery:
• Attended a Newport Beach Historical Society event at the Muth Interpretive Center regarding the
Back Bay, an Aviation Committee meeting, a 44, s Homeless Task Force meeting, and a 4eas4g
Homeless 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 c 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
Scarberough
• Attended a roundtable on mental health organized by Congressman Harley Ronda along with
Council Member Herdman and Homeless Task Force Members Jean Wegener and Terry Moore, sa
three meetings of the Education and Outreach Subcommittee ^,R sof the Homeless Task
Force ..4. w w:.. w 4ig the Corona del Mar Residents Association (CdMRA) meeting with
Mayor Pro Tem O'Neill and Council Member Herdman, a public scoping meetings at the Orange
County Sanitation District (OCSD) about their Facilities Master Plan 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 Community
Emergency Response Team (CERT) Disaster Preparedness Expo, the Newport Shores block 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 ; 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 o ommerce 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,, twH-via.; R n .R4R. ;.t..
Nand Board of Supervisor Steel regarding the Requests for Proposals (RFP) for the General
Aviation Implementation Plan (GRIP) along with Mayor Dixon and two Aviation Committee
members
• 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 U+xp! 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
Volume 64 - Page 182
City of Newport Beach
Study Session and Regular Meeting
September 10, 2019
Mayor Dixon:
• Attended the Board of Supervisors meeting today and read her statement regarding the GAIP RFP,
• Announced the opening of the SAP Innovation Center, which includes the HanaHouse coffee shop
and community workspace, the "Newport Beach: Glimpses of the Past" exhibit at-�from Sherman
Gardens at the Central 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 ture agenda.
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.
Denys Oberman asked what services ECONOMICInc. will be performing for the City, and questioned
the term and fee for service (Item 8).
Jodi Bole, Balboa Island Preservation As ciation (BIPA), thanked Council and PB&R for support in
keeping a majority of the Marine Avenue ttees (Item 19).
I
Prior to comments regarding It ti'tition of Zoning Code and LCP Amendments Related
to Hedge Heights in Front s for Lido Isle (PA2019-132)), Mayor Dixon recused
herself and left the
Shana Conzelman believed the issues associated bke-with hedge heights on Lido Isle deal with line of
sight versus privacy, asked 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 stradta, not front setback, and confirmed enforcement would be
through the City.
In response to Mary Fitzgerakfs question, Mayor Dixon clarified that the panhandling item will be on
the September 24, 2019 agenda.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the August 3, 2019 City Council Meeting [100-2019]
Volume 64 - Page 183
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). W
18. City Hall and Limited Off -Site Holiday Closure frontesday, December 24, 2019, through
Wednesday, January 1, 2020 [100-2019] 77
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. RecommendatioiF*Yar aches, and Recreation Commission with regard to Marine
i
Avenue Tree Maintenan 0-20191
a) Find that the action xempt from the California Environmental Quality Act (`CEQA')
pursuant to Seckons 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 "nd' 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
Volume 64 - Page 187
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 ethe 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 the overgvegetation, and believed more
enforcement is needed.
In response to Council Member Brenner's questions, Fire Chief Boyles ex1ained 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. Soto&yor to discuss this 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 Meskises discussed scholarship impacts to We Newport Aquatic Center (NAC) rowers as a result
of the City not removing NAC board memtAftr ffice and read quotes from NAC rowers.
XVIII. PUBLIC HEARINGS
20. Resolution No. 2019-80:—Reed Residential Variance for 1113 Kings Road
(PA2019-060) [100191
Community Develop�.or Jurjis and Principal Planner Murillo utilized a PowerPoint
presentation to disp tion 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 Selich, and Gus Azadian
• Council Member Duffield spoke on the phone with the -Carolyn Reed and Ed Selich
• Council Member Muldoon met with 41,,—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 Sehch, and neighbors
from both sides of the project
Mayor Pro Tem O'Neill met with bke-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, '�epli R;,R4asked that a finding be included in the documentation that the
square footage is necessary for the variance if the variance was approved, noted the project has
created dissenstion and conflict in the neighborhood, highlighted the findings of SPON's attorney,
Michelle Black of Chatten-Brown, Carstens & Minteer LLP, requested Council not set precedentee,
and believed the remainder of the structure can be built without the d'ariance and the variance is
inconsistent. ` J
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 in the NBMC or case law discusses the remaining structure,
and emphasized Council is not supposed to to at the rest of the structure and can only focus on
the variance.
Mayor Dixon opened the public he.
Fawzia Azadian, provided a han t; n d she is the next door neighbor, expressed concerns
relative to her family's privac r ghts, decreased property value, and stability of the
bluff, believed this would sc en_tea, read a quote from Ms. Shaffner about the Marina
Park project that could be used argument in this appeal, believed the project is incompatible
with the neighborhood, and regyps ed that Council deny the request.
Peter Zak stated he is the 1mer Chair of the Planning Commission that unanimously approved
the project, discussed their 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
precedentee, 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
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. V,
Josh Baehr expressed support for the variance and noted the applicant has done everything
necessary for approval. Ar
Shawna Shaffner utilized a PowerPoint presentatiol to show how the project would be redesigned
without the variance and issues related 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 property is with the allowable setbacks, expressed concern with a moratorium,
believed alternative plans be more impactful and the current project would not cause the
detriments discus*em-he
Hearing no furt, 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 not to be built; expressed concern
that Line in the Sand, an Internal Revenue Code 501�(c)(4) organization, got involved and
suggested they get involved in SB 330; believed this does not create precedentee 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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