HomeMy WebLinkAbout01 - MinutesMarch 10, 2020
CITY OF NEWPORT BEACH Agenda Item No. 1
City Council Minutes
Special Meeting
February 25, 2020
I. CONVENE IN OPEN SESSION - 4:30 p.m.
II. ROLL CALL
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
III. PUBLIC COMMENTS
IV.
Mayor O'Neill announced that he called the special meeting because, on Friday night, he received
notification that Costa Mesa filed a lawsuit against the United States and the State of California relative
to the potential relocation of Coronavirus patients to the Fairview Dikvelopment Center site. He reported
that, over the weekend, the City filed an amicus brief in support of to Mesa's request for a restraining
order. At the court hearing, the judge kept the temporary restrang order in place through next
Monday. He emphasized that Council's primary duty is to maintain the health and welfare of the City's
residents. V
Referencing Planning Commission's hearing regarding accessory dwelling units, David Tanner
requested that Council instruct staff and the Planning Commission to provide an analysis and
recommendation on their position relative to housing stimulus and affordability matters brought before
the Planning Commission and City Council. He believed this would promote a better understanding of
the effects of the decisions on the City and its impacts on quality of life.
Z
Regarding Item 4 (Ordinance No. 2020-8 relative Short Term Lodging), Jim Mosher believed tonight's
item should be an introduction of the ordinance, not second reading, referenced issues discussed in a
letter from an attorney from Corona del Mar, and indicated the ordinance may need more amendments.
City Attorney Harp reported that the City Council would adjourn to Closed Session to discuss
the item listed in the Closed Session agenda and read the title.
The City Council recessed into Closed Session at 4:36 p.m.
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9 (d) (4)): 1 matter
City of Costa Mesa et al. u. United States of America et al.
United States District Court Case No. 8:20-cv-00368-JLS (JDE)
(City of Costa Mesa's lawsuit requesting a temporary restraining order and preliminary injunction
against defendants related to defendants' plans to transport and house people infected or exposed
to the Coronavirus in the City of Costa Mesa.)
The City Council reconvened at 529 p.m. with all members of the City Council in attendance.
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Special Meeting
February 25, 2020
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City Attorney Harp reported that a motion was made by Mayor O'Neill, seconded by Council Member
Herdman, and approved by all Council Members, to ratify past filings and continue to support the City
of Costa Mesa and Mayor Katrina Foley as amicus in their legal action to restrain the United States of
America, the Department of Health and Human Services, the United States Air Force, the Centers for
Disease Control and Prevention, the State of California, the Fairview Development Center, the
California Governor's Office of Emergency Services, and the California Department of General Services
from transporting or housing those persons affected by or exposed to the Coronavirus to the City of
Costa Mesa, until it is shown that there is an adequate facility for housing these patients.
VI. ADJOURNMENT - 5:31 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
February 24, 2020, at 9:45 a.m.
Leilani I. Brown
City Clerk
Pr
Will O'Neill
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
February 25, 2020
I. ROLL CALL - 5:30 p.m.
II.
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
SSI. Clarification of Items on the Consent Calendar
Council Member Dixon indicated she will be recommending that Item 4 (Ordinance No. 2020-8
regarding Short Term Lodging) be referred back to the Ad Hoc Committee on Short Term
Lodging for further review.
SS2. Presentation to Peter Clark - 2019 Newport Beach Junior Lifeguard of the Year
Lifeguard Captain Ure thanked Council for supporting the program, highlighted Peter Clarks
accomplishments, and presented him with the Newport Beach Fire Department 2019 Junior
Lifeguard of the Year plaque. Peter Clark thanked the City and his parents, and Mayor O'Neill
read and presented Peter Clark with the proclamation.
SS3. Proclamation to Laird Hayes for His Contributions to the City of Newport Beach
Mayor Pro Tem Avery read the proclamation and, along with Mayor O'Neill, presented it to
Laird Hayes. Mr. Hayes thanked his wife, Maggie, and his family for their support, and
highlighted how he becam;,Involved with the City and other organizations.
Council Member Duffield remarked that Mr. Hayes is a perfect example of a City volunteer.
SS4. Presentation from the Banning Ranch Conservancy
Dr. Terry Welsh, President of the Banning Ranch Conservancy, utilized a presentation to
discuss the importance of Banning Ranch, reasons for wanting to maintain it as open space, the
desire to acquire Banning Ranch, the Conservancy's mission, and the Randalls' $50 million
donation. He asked the City to marshal its resources to support the effort to find the remainder
of the money to purchase Banning Ranch and noted that The Trust for Public Landis also asking
the City to support the process.
Suzanne Forster, Vice President of the Banning Ranch Conservancy, displayed a view of
Banning Ranch from her house, shared statistics about the area, believed that a coastal park
and nature preserve at Banning Ranch would bring joy to a lot of people, discussed potential
uses for Banning Ranch, and provided the background and future of Banning Ranch.
Steve Ray thanked City Manager Leung and staff for their assistance and acknowledged
Michael Mohler, one of the Banning Ranch owners. Using a presentation, Mr. Ray detailed the
Conservancy's mission to preserve, acquire, conserve, and manage Banning Ranch, the plan to
develop the Orange Coast River Park, and the Banning Ranch concept plan.
In response to Mayor O'Neill's questions, Mr. Ray stated the Conservancy's goal is to preserve
Banning Ranch as open space, but State agencies who provide grants may have other ideas. He
added that, a few years ago, the City Council wrote a letter in support of providing Measure M
funding to Banning Ranch and indicated the Conservancy would like the same type of support
from the current Council. Mayor O'Neill noted that preserving Banning Ranch as open space
would be great if the City could receive a substantial reduction in its Regional Housing Needs
Assessment (RHNA) housing count.
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Study Session and Regular Meeting
February 25, 2020
Council Member Brenner congratulated the Conservancy for its work and commended the
volunteers who work on the effort.
Mr. Ray stated there were more than 4,000 volunteers involved with saving Banning Ranch and
indicated that the Conservancy would be happy to work with the City to find other options for
fulfilling the RHNA requirement.
Allan Beek, Secretary of Stop Polluting Our Newport (SPON), indicated he was optimistic that
SPON would succeed in having Banning Ranch shown as open space in the upcoming Land Use
Element.
Jim Mosher believed that Banning Ranch is unincorporated County land that is within the
City's sphere of influence, was not considered in the City's RHNA requirement, and the City
probably cannot take credit for any housing planned in Banning Ranch.
Terry Koken stated the City needs cheap places for the homeless to live rather than affordable
housing, and expressed hope that a compromise can be reached.
Patricia Martz, President of the California Cultural Resources Preservation Alliance, expressed
opposition to any development within Banning Ranch and supported the plan to purchase and
preserve Banning Ranch.
Kathleen Andrews believed Banning Ranch could be preservedC open space and that the City
could accomplish its housing require ent without Banning Ranch.
Council Member Muldoon pointed out that Banning Ranch is owned by a private entity and
expressed that property rights of private individuals are very important for society.
III. PUBLIC COMMENTS - None Aft
IV. CLOSED SESSION - Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9 (d) (2) and (e) (3)): 1 matter
On January 28, 2020, the City of Newport Beach received a Notice of Intent to Commence Cease
and Desist Order, Restoration Order, and Administrative Civil Penalties Proceedings from John
Ainsworth, Executive Director of the California Coastal Commission, related to alleged prohibited
encroachments on Peninsula Point from a 250 feet southeast of E Street to Channel Road, in the
City of Newport Beach. A second Notice of Intent related to this same matter was received from
John Ainsworth on January 30, 2020. A copy of the Notices of Intent is available for public inspection
at the City Clerk's Office located at 100 Civic Center Drive, Newport Beach, California 92660.
Mayor Pro Tem Avery was absent during Closed Session.
V. RECESSED - 6:35 p.m.
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
VIII. CLOSED SESSION REPORT -None
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City of Newport Beach
Study Session and Regular Meeting
February 25, 2020
IN. INVOCATION - Mayor O'Neill
X. PLEDGE OF ALLEGIANCE - Council Member Duffield
XI. PRESENTATION
• Recognition of Karen Tringali and the Corona del Mar Residents Association
Council Member Brenner read the proclamation and, along with Mayor O'Neill, presented it to
Karen Tringali who thanked the City for the recognition, shared her thoughts about the Corona del
Mar Residents Association, and provided the Residents Association's background.
XII. NOTICE TO THE PUBLIC
XIII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Herdman:
• Announced that the Orange County Mosquito and Vector Control District has a plan for the
eradication of the growth of the ankle -biter mosquito, and that April 20 starts Mosquito Awareness
Month 41
• Attended a meeting with Congressman Ronda's staff and Federal Aviation Administration (FAA)
representatives regarding NextGEN and discussed the goals of the aviation task force
• Attended the RHNA symposium dinner with Council Members Brenner and Dixon, the
appropriations meeting regarding permanent and affordable housing with Council Member
Brenner, the Corona del Mar Residents Association meeting, the Newport Beach Chamber of
Commerce Government Affairs Committee meeting, and the CIF basketball playoffs
Council Member Dixon:
• Attended the Metropolitan Water District's water policy meeting with Utilities Director Vukojevic
• Displayed slides to discuss the Newport Island Park ribbon cutting
Council Member Mul
• Displayed a slito announce th'We and his son, Cannon, presented Eleanor Reicher with a
certificate to cel rate her 104th birthday
• Discussed the Orange Coast Winery and requested a future agenda item to initiate a code change
to allow food and alcohol service as a permitted use in the Industrial Zone (IG) with hours of
operation limited to evenings and weekends
Council Member Brenner:
• Attended a press conference regarding opposition to housing Coronavirus patients at Fairview
Development Center with Council Members Dixon and Herdman; a briefing with UCI executive
staff regarding plans for a campus hospital and possible art museum, and discussed the possibility
of having UCI's Institute of Transportation Studies assist with studying the City's traffic issues;
and the Orange County Tax luncheon where she learned about Anaheim's solutions to homelessness
• Met with a group of elected women in Orange County to discuss the impacts of the RHNA count
and how cities will be approaching the challenge; SPON members to talk about proposed members
to the Housing Element Update Advisory Committee; and the Homeless Task Force to discuss a
partnership with the County to address behavioral health
• Scheduled a meeting with a permanent supportive housing provider, HomeAid, for next week
Council Member Duffield:
Reported that the City requested $23 million to dredge the Federal channels, but the City did not
make the U.S. Army Corps of Engineers' work list; however, efforts will continue for the 2021 work
list
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February 25, 2020
Mayor Pro Tem Avery:
• Attended an OASIS Senior Center event
Mayor O'Neill:
• Attended yesterday's hearing for Costa Mesa's lawsuit regarding the transportation of Coronavirus
patients to the Fairview Development Center and announced the hearing was continued to Monday
• Announced the Newport Mesa Unified School District Spirit Run on March 1, the Hoag Classic next
week, a discussion about youth homelessness on February 27 (slide), and a community meeting
regarding commercial live- aboards on March 2 (slide)
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Council Member Dixon announced the Ad Hoc Committee on Short Term Lodging, comprised of Council
Members Herdman, Brenner and herself, requests that Item 4 be taken off the Consent Calendar, and
that the subcommittee will continue to review public comments before bringing the item back.
Colleen Howes thanked Council for listening to everyone regarding short term lodging.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the February 11, 2020 City Council Meeting [I -2020]
Waive reading of subject minutes, approve as amended, and order filed.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
ORDINANCES FOR ADOPTION W
3. Ordinance No. 2020-7: Amending the Newport Beach Municipal Code for Lido Isle Hedge
Heights [100-2020]
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) Conduct second reading and adopt Ordinance No. 2020-7, An Ordinance of the City Council of
the City of Newport Beach, California, Amending Title 20 Entitled "Planning and Zoning" of the
City of Newport Beach Municipal Code Related to Hedge Heights in Front Setbacks Abutting
Stradas Within Lido Isle (PA2019-132).
Council Member Dixon recused herself on Item 3 due to real property interest conflicts.
4. Ordinance No. 2020-8: Updating the Newport Beach Municipal Code for Short Term
Lodging [100-2020]
Refer the item back to the Ad Hoc Committee on Short Term Lodging for review and bring it back
at a future City Council meeting.
RESOLUTIONS FOR ADOPTION
5. Resolution No. 2020-20: Approval of the 2018 Urban Areas Security Initiative Grant
Program Transfer Agreement with the City of Anaheim (C-7042-4) [38/100-2020]
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;
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Study Session and Regular Meeting
February 25, 2020
b) Adopt Resolution No. 2020-20, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Agreement for Transfer or Purchase of Equipment /Services or for
Reimbursement of Training Costs for the Fiscal Year 2018 Urban Areas Security Initiative
(UASI) between the City of Newport Beach and the City of Anaheim; and
c) Authorize the Mayor to sign the Agreement.
6. Resolution No. 2020-21: Amending the Membership of the Housing Element Update
Advisory Committee; and Confirming Appointments to the Housing Element Update
Advisory Committee [241100-2020]
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) Adopt Resolution No. 2020-21, A Resolution of the City Council of the City of Newport Beach,
California, Amending the Membership of the Housing Element Update Advisory Committee; and
c) Confirm Mayor Will O'Neill's appointments to the Housing Element Update Advisory
Committee, as follows:
1. Chairperson Larry Tucker - Legal background and highly experienced in leading public
meetings
2. Jeff Bloom - Knowledge and experience in real estate financing
3. Susan DeSantis - Knowledge and experience in stakeholder outreach for the purpose of
engaging individuals and/or organizations within the City in the Housing Element Update
process
4. Paul Fruchbom -Experience in the development of affordable housing and/or senior housing
5. Beth Kiley - General knowledge Cd experience in the community
6. Geoffrey LePlastrier - Architectural and/or land use and planning knowledge and
experience
7. Stephen Sandland -Architectural and/or land use and planning knowledge and experience
8. Ed Selich - Knowledge and experience with residential development
9. Debbie Stevens - Knowledge and experience in the application of the California
Environmental Quality Act and other related environmental laws
10. Ex Officio Will O'Neill.
CICIAWY/kC!!I Y3JE�gI7EC!//,1D1 �9/�W K5
Police Station Gun Range Remodel - Award of Contract No. 7080-1 (19F12) [38/100-2020]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because this project has no potential to have a significant effect on the
environment;
b) Approve the project drawings and specifications;
c) Approve the amendment to the funding source;
d) Award Contract No. 7080-1 to Optima RPM, Inc. (Optima RPM) for the total bid price of
$691,000.00, and authorize the Mayor and City Clerk to execute the contract; and
e) Establish $70,000.00 (approximately 10 percent) contingency to cover the cost of unforeseen
work not included in the original contract.
S. City Corporation Yard Re -Roofing Project -Award of Contract No. 7719-1 (20F02) [38/100-
2020]
a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301, Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines, because
this project results in no expansion of an existing use;
b) Approve the project drawings and specifications;
c) Award Contract No. 7719-1 to San Marino for the total bid price of $551,000.00, and authorize
the Mayor and City Clerk to execute the contract; and
d) Establish a contingency amount of $55,000.00 (approximately 10 percent) to cover the cost of
unforeseen work not included in the original contract.
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9. Concrete Alley and Street Replacement (65802 & 20R07) - Approval of Professional
Services Agreement with DMS Consultants Civil Engineers, Inc., Contract No. 7753-1
[381100-2020]
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 a Professional Services Agreement with DMS Consultants Civil Engineers, Inc. of
Garden Grove, CA, for the Concrete Alley and Street Replacement project at a not -to -exceed
price of $177,630.00, and authorize the Mayor and City Clerk to execute the Agreement; and
c) Approve Budget Amendment No. 20-035 appropriating $100,000 from the Water Capital
Reserve Fund Balance to Water Capital Distribution and Piping Account No. 70201931-980000-
20R07.
City Clerk Brown recused herself on Item 9 due to real property interest conflicts.
10. Balboa Boulevard Median Improvements (19R11) - Approval of Professional Services
Agreement with Civil Works Engineers, Inc., Contract No. 7629-1 [381100-2020]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with Civil Works Engineers, Inc. of Costa Mesa, CA,
for the Balboa Boulevard Median Improvements project at a not -to -exceed price of $177,764.00,
and authorize the Mayor and City Clerk to execute the Agreement.
11. Approve Professional Services Agreement with Cathyjon Enterprises, Inc. dba HB
Staffing for Temporary Labor Services (C-8479-2) [381100-2020]
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 a three-year Professional Services agreement with Cathyjon Enterprises, Inc. dba HB
Staffing for temporary laborer services for project work for a total not -to -exceed amount of
$450,000, and authorize the Mayor and City Clerk to execute the agreement.
12. Approval of On -Call Professional Services Agreement with NV5 Inc. for Assessment
Engineering Services (C-8627-1) [381100-2020]
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 Professional Services Agreement with NV5 Inc. for Assessment Engineering
Services with a term of five -years and a total not -to -exceed amount of $250,000, and authorize
the Mayor and City Clerk to execute the agreements.
Council Member Muldoon recused himself on Item 12 due to previous business interest
conflicts.
13. Approve Amendment No. 1 to Agreement for Restaurant Grease Control Device
Inspection Services with Environmental Compliance Inspection Services (C-7783-1)
[381100-2020]
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action
will not result in a physical change to the environment, directly or indirectly; and
b) Approve Amendment No. 1 to the Agreement with Jon F nley DBA Environmental Compliance
Inspection Services for the grease control device inspection program for a total not -to -exceed
compensation amount of $450,000 and for a five-year total term, and authorize the Mayor and
City Clerk to execute the agreement.
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Study Session and Regular Meeting
February 25, 2020
14. Approval of a Purchase Order with Allstar Fire Equipment, Inc., for Self -Contained
Breathing Apparatus (C-8628-1) [381100-2020]
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) Authorize the City Manager and Finance Director, or their designee, to execute and issue a
purchase order to Allstar Fire Equipment, Inc., for the purchase of self-contained breathing
apparatus in the amount of $779,159.16; and
c) Approve Budget Amendment No. 20-034 appropriating $254,024.62 to SOBA capital equipment
account (75604-911024) from the Fire Equipment Replacement Fund.
MISCELLANEOUS
15. Planning Commission Agenda for the February 20, 2020 Meeting [100-2020]
Receive and file.
16. Proposed Harbor Commission Goals and Objectives 2020 [100-2020]
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 envir nment, directly, or indirectly; and
b) Approve the proposed Harbor Commission and Objectiveor 2020.
Out of an abundance of caution, Council Member Duffield recused himself on Item 16 due
to business interest conflicts.
Motion by Mavor Pro Tem Averv, seconded by Council Member Herdman, to approve the
Consent Calendar; and noting the continuance of Item 4, the recusal by Council Member Dixon on Item
3, the recusal by Council Member Muldoon on Item 12, the recusal by Council Member Duffield on Item
16, and the amendments to Items 1 and 7.
A
The motion carried unanimously.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Council Member Dixon left the Council meeting at 7.31 p.m.
Jim Mosher discussed changes for the March 3 election and suggested the City look into alternative
systems for counting votes.
XVIII. PUBLIC HEARING
17. Ordinance No. 2020-6: Amendment to Section 9.04.380 of the Newport Beach Municipal
Code to Adopt the Local Amendments to the 2019 Edition of the California Fire Code [100-
2020]
Mayor O'Neill recused himself due to real property interest conflicts.
City Attorney Harp reported on the reason for conducting a public hearing.
Mayor Pro Tem Avery opened the public hearing.
Jim Mosher questioned whether staff could amend the Guidelines in the future without Council
action and whether the reference to structures built before 1999 should be corrected now or later.
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Study Session and Regular Meeting
February 25, 2020
NIP.
City Attorney Harp and Fire Marshal Bass clarified that the Guidelines are adopted by staff, was
being presented as information for the public, and noted that Guideline G-1 contains amendments.
Hearing no further testimony, Mayor Pro Tem Avery closed the public hearing.
Motion by Council Member Duffield, seconded by Council Member Herdman, to a) find the
proposed actions are not subject to the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, because they will not result in a
physical change to the environment, directly or indirectly; b) adopt Resolution No. 2020-22, A
Resolution of the City Council of the City of NewportBeach, California, Setting Forth Findings Based
on Local Conditions within the City of Newport Beach which make Certain Modification and
Changes to the 2019 Edition of the California Fire Code as Reasonably Necessary because of Local
Climatic, Geographic, or Topographic Conditions; and c) waive full reading, direct the City Clerk to
read by title only, and adopt Ordinance No. 2020-6, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Section 9.04.380 (Replacement to Chapter 49 Requirements
for Wildland-Urban Interface Fire Areas) of the Newport Beach Municipal Code to Adopt Local
Amendments to the 2019 Edition of the California Fire Code as set forth in Title 24, Part 9, of the
California Code of Regulations.
With Mayor O'Neill recusing himself and Council MeDixon absent, the motion
carried 5-0.
18. Request for Qualifications (RFQ) for Permanent Supportive Housing Project [100-2019]
Assistant City Manager Jacobs utilized a presentation to define permanent supportive housing,
share examples of permanent supportive housing, discuss the RFQ, explain the desired experience
of a housing developer and the City's financial contribution, and list requested actions.
In response to Council questions, City Manager Leung and City Attorney Harp explained that, in
order to enforce the City's anti -camping laws, the City would need to provide temporary, short-term
housing, reported that permanenupportive housing is a longer-term and hopefully permanent
solution for homeless people and not a State mandate but a component of a holistic solution,
confirmed that staff can talk with Hoag Hospital about using funds from the development agreement
for this, indicated that staff is looking into other funding sources, reported that the Housing Trust
Fund is specifically for permanent supportive housing, not for shelter, and noted that this is where
an experienced housing developer can assist with the assembling of financing.
Council Member Muldoon indicated he would rather see permanent supportive housing done with
private property, possibly without a development agreement but with affordable housing revenues
and State services and grants, and that the City not spend the money it has set aside on a project
like this. However, he expressed support for the item with conditions.
Mayor Pro Tem Avery believed the City cannot do this alone and a town like Newport Beach should
get behind a project for people who are less fortunate; noted experts have pointed to permanent
supportive housing as an important solution for making a significant difference; emphasized that
every city has an obligation to provide housing; noted that a 50 to 60 unit building would also provide
services and assistance; believed the City should try to provide the property; and expressed support
for the item.
Mayor O'Neill believed the primary focus of permanent supportive housing should be seniors with
a secondary focus on families and veterans, the total funding commitment should be $3 million
($1.5 million from affordable housing and temporary shelter funds and $1.5 million from the Hoag
Hospital funds), and the RFQ should reference that, if additional funds are needed from the City,
the developer needs to include why they need more money.
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Jim Mosher asked if the City would acquire any ownership interest in the enterprise or any
protection for its investment. Mayor O'Neill believed that the answer would be part of the packages
received from the developer.
Motion by Mavor O'Neill, seconded by Council Member Brenner, to a) determine this action
is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2)
and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to
the environment, directly or indirectly; b) authorize the City Manager to prepare and release a
Request for Qualifications for a Permanent Supportive Housing Developer in the City of Newport
Beach, with the primary focus being seniors, the secondary focus being on families and veterans, cap
the City's total commitment at $3 million, and if more money is requested, the developer needs to
explain why they need more money; and c) determine the City's financial participation in the project.
With Council Member Dixon absent, the motion carried 6-0.
XY, MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT -Adjourned at 8:00 p.m. in memory 4tthy Blank
The agenda was posted on the City's website and on the City Hall electronic bulletin board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
February 20, 2020, at 4:00 p.m.
J
Will O'Neill
Mayor
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