HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach
Study Session and Regular Meeting
August 25, 2020
IV. RECESSED — 5:50 p.m.
V. RECONVENED AT 6:12 P.M. FOR REGULAR MEETING
VI. ROLL CALL
September 8, 2020
Agenda Item No. 1
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
VII. INVOCATION — Dr. Jim Turrell, Center for Spiritual Living Newport Mesa
VIII. PLEDGE OF ALLEGIANCE — Mayor O'Neill
IX. NOTICE TO THE PUBLIC
X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Mayor O'Neill and Council Member Dixon jointly requested Council consider a future item to oppose
Proposition 15.
Council Member Herdman:
• Reported extensive work over the past few weeks regarding the General Aviation Improvement
Program (GAIP)
• Attended a Balboa Island Hunt Improvement Association board meeting and learned of its
intention to form an assessment district for the completion of undergrounding; the monthly Orange
County Mosquito and Vector Control meeting; along with Council Member Dixon, a Board of
Supervisors meeting last month regarding GAIP; and a technical departure subcommittee meeting
• Chaired the monthly Aviation Committee meeting
Council Member Brenner:
• Attended the Corona del Mar Residents' Association (CdMRA) board meeting and an Ad Hoc
Committee on Short Term Lodging meeting
• Met with the solid waste recycling subcommittee along with Mayor O'Neill and Council Member
Dixon; Public Works and the Police Department regarding parking strategies for old Corona del
Mar; Craig Batley and Scott McFetters; and the Planning Department and Goldenrod residents
regarding construction traffic
• Shared a flyer announcing a Town Hall meeting for District 6 on August 27, 2020, at 5:30 p.m. to
discuss traffic issues in Corona del Mar and noted registration is available at newportbeachca.gov/
district6townhall
• Displayed a photo from the groundbreaking ceremony for the Grant Howald Park rehabilitation
project and announced information about the project is available at newportbeachca.gov/
granthowaldpark
Council Member Dixon:
• Requested a future agenda item to consider ways to expand the Newport Beach Municipal Code and
code enforcement program to address code violations, including short-term lodging, noise
complaints, and a study on Municipal Code citation fees
• Announced that Sheriff Barnes held a virtual meeting to discuss cybersecurity
• Reported extensive work on aviation, airport, and general aviation issues
• Addressed the Board of Supervisors during their August 11, 2020 meeting, along with Council
Member Herdman
• Attended an Aviation Committee meeting on August 24, 2020 and an Ad Hoc Committee on Short
Term Lodging meeting
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City of Newport Beach
Study Session and Regular Meeting
August 25, 2020
Council Member Muldoon:
• Requested Council consider a future item in support of Proposition 20
Mayor Pro Tem Avery:
• Displayed slides to discuss the East Jetty Revetment Project and the Entrance Channel Dredging
Project
Mayor O'Neill:
• Attended the Newport Beach Foundation meeting where Newport -Mesa Unified School District
Board Member Barto spoke, the Association of California Cities - Orange County event with Sheriff
Barnes, the ribbon cutting ceremony for UC Irvine's new clinic in Newport Beach, and the
groundbreaking ceremony for Grant Howald Park
• Announced Sheriff Barnes and Police Chief Lewis appeared on Speak Up Newport, Orange County
Mayors created a Public Service Announcement (PSA) that will be run through the Occupational
Safety and Health Administration (OSHA) and received a mask with the City's logo, school started
yesterday, Sherman Gardens' annual soiree will be held on August 29, 2020, and Restaurant Month
begins September 1, 2020
• Reported the Housing Element Update Advisory Committee (HEUAC) will meet on September 2,
2020, at 6:00 p.m.
XI. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Consideration of an emergency ordinance to enforce State guidance on face coverings by
administrative citation and implem^rt a "one er-son one se -at" rulfore-t-ah-lisfiments
i+'_ ^ ^"k • p bar [Brenner]
Mayor Pro Tem Avery, Council Member Brenner, and Council Member Herdman concurred to bring
this item back to a future meeting.
• Consideration of implementing a "one person one seat" rule for establishments with a
walk-up bar [Brenner]
Mayor Pro Tem Avery, Council Member Brenner, Council Member Dixon, and Council Member
Herdman concurred to bring this item back at a future meeting.
XII. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XIII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the July 28, 2020 City Council Regular Meeting [100-20201
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
3. Ordinance No. 2020-18: Adoption of an Ordinance Amending a Development Agreement
for Hoag Memorial Hospital Presbyterian (PA2020-065) (C-7719-1) [38/100-20201
a) Find all significant environmental concerns for the proposed project have been addressed in a
previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that
the City of Newport Beach intends to use said document for the above noted project, and further
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City of Newport Beach
Study Session and Regular Meeting
August 25, 2020
Motion by Mayor O'Neill, seconded by Mayor Pro Tem Avery, 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 read by
title only, introduce Ordinance No. 2020-20, An Ordinance of the City Council of the City of Newport
Beach, California, Granting the 2020 Non -Exclusive Franchise Agreements for Commercial Solid
Waste and Divertible Materials Handling Services within the City of Newport Beach to the 15 so
named companies, and pass to second reading on September 8, 2020.
The motion carried unanimously.
16. Ordinance No. 2020-21: Zoning Code Amendment to Allow Wine Tasting Room Uses
within the Industrial Zoning District (PA2020-042) [100-2020]
In response to Mayor O'Neill's questions, Community Development Director Jurjis indicated that
staff proposed- ;vin_e +„stir„ epAy in order to limit the amendment as much as possible staff proposed
wine tasting only, provided a map depicting the 500 -foot exclusion zone, and noted that, to staffs
knowledge, no schools are located within the Costa Mesa portion of the exclusion zone. City Attorney
Harp advised that the proposed Code amendment cannot be further amended during the meeting
to include beer tasting.
In response to Council Member Dixon's questions, Community Development Director Jurjis
explained that the map shows the buildings where the use would be allowed and this use has not
been considered in a General Plan process, noted that Council has considered but not supported an
alcohol use in the Industrial Zone in the past, stated that the community has not provided input
regarding uses for the area, noted that the Orange County Winery is currently operating as a retail
establishment when it should be operating as a manufacturing establishment, related that staff has
been aware of Orange County Winery's noncompliance for approximately a year and a half and has
suspended an enforcement action pending Council action on the Code amendment, and added that
if Council approves the Code amendment, Orange Coast Winery would apply for a Conditional Use
Permit (CUP), otherwise, staff will pursue Code enforcement action. Council Member Dixon stated
when she visited the site approximately a year and a half ago, the tenant understood he was
operating without a permit and was hoping for a favorable disposition from the City. At the time,
she recommended leniency while the tenant searched for another location. Community Development
Director Jurjis believed the tenant has found a location in Costa Mesa but is awaiting Council's
action, stated that this item and alcohol service in the Industrial Zone have not been discussed in
the General Plan Update process, and the community has not provided input on the issues, noted
that public comment on the item has been supportive, and added that the Police Department has
not considered the project. Council Member Dixon indicated she would not support the proposed
Code amendment without a study and community input, and recommended Council defer the item
until the General Plan committee could review it.
Mayor Pro Tem Avery noted that the Orange Coast Winery is located in his district, the business
has morphed since it opened, noted that these uses have been successful in industrial zones in other
cities, and believed Council should review the use and rezoning.
In response to Council Member Brenner's questions, Community Development Director Jurjis
related that staff has not conducted any outreach to businesses and residents in the area. Council
Member Brenner loved the idea of having eating and drinking establishments within walking
distance of homes, but this seems to be a piecemeal approach. She expressed opposition to rewarding
people who break laws and defy ordinances, indicated she wanted to see a study of changes to the
area that could make it inviting for residents, and did not believe this is the right way to change the
zoning for the area. In response to her question, Community Development Director Jurjis advised
that the only process is the General Plan Update process due to staff resources.
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City of Newport Beach
Study Session and Regular Meeting
August 25, 2020
Amended motion by Council Member Muldoon, seconded by Council Member Duffield, to
a) send the matter back to the Planning Commission to review the 500 foot separation from schools
and 500 foot separation between properties that have wine tasting rooms and make a
recommendation regarding findings for the public benefit for spot zoning within 90 days with staff
conducting community outreach; b) suggest staff issue a 90 day special permit to allow the interim
use, which the Planning Commission may extend for up to six months if needed; and c) return to the
City Council after the conclusion of Planning Commission's review.
The amended motion carried unanimously.
17. Resolution No. 2020-76: Appeal of Planning Commission's Decision of an AT&T Small Cell
Installation (PA2019-111) [100-20201
Mayor O'Neill recused himself due to business interest conflicts.
Council Member Brenner recused herself due to financial interest conflicts.
Council Member Muldoon recused himself due to previous business interest conflicts.
Mayor Pro Tem Avery described the process for the public hearing.
City Attorney Harp noted the Charter requires four affirmative votes to pass any resolution and
discussed the consequences of less than four affirmative votes.
Senior Planner Zdeba utilized a presentation to provide the background of the project, limitations
on the review process, the request, renderings of the existing and proposed light standard,
alternative sites, coverage, findings, the appeal, and staffs recommendation.
Mayor Pro Tem Avery opened the public hearing.
Cory Autrey, representing AT&T, reported he was involved in negotiating the Master License
Agreement (MLA) with the City.
Emily Murray, attorney for the applicant, reviewed the legal issues raised in the appeal and the
applicant's responses, believed the issues have no legal merit, noted that during the Planning
Commission hearing, the City Attorney advised the Planning Commission that the issues did not
pose any risk to the City, and affirmed that the applicant requests Council deny the appeal.
Mark Pollock, representing the appellant, detailed concerns regarding the City's liability that
resulted in the appeal, reviewed discrepancies within the document, requested the correction of the
permit holder's name to New Cingular Wireless PCS, LLC to ensure the indemnity provisions of the
MLA are legal and enforceable, and recommended that the applicant re -submit the application with
the proper name and proof of self-insurance for electromagnetic field and pollution coverage.
In response to Council Member Dixon's question, City Attorney Harp believed the entity and
insurance are proper and Council can make the findings and uphold the Planning Commission's
decision.
Jim Mosher understood Council could consider issues other than those the appellant raised and
discussed Zoning Code and Coastal Implementation Program priorities for locating wireless
facilities and the inability of small cell facilities to function from rooftops.
An unidentified speaker stated he supports the appeal because of problems with the application and
discussed the need for environmental review under the National Environmental Policy Act (NEPA),
complaints to the Federal Communications Commission (FCC), and electromagnetic field emissions.
Ms. Murray clarified the applicability of NEPA.
Mr. Autrey indicated many laws grant AT&T access to public right-of-ways, and small cell
technology provides the best coverage when deployed in public right-of-ways.
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