Loading...
HomeMy WebLinkAbout01 - Minutes - AmendedOctober 27, 2020 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Regular Meeting October 13, 2020 I. ROLL CALL — 4:00 p.m. 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 II. PUBLIC COMMENTS Jim Mosher believed Council could not fully discuss the five matters noted on Closed Session Item A in 25 minutes, as the issues may be complex. III. CLOSED SESSION — Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGAT (Government Code § 54956.9(d)(4)): 5 matters IV. RECESSED — 4:01 p.m. V. RECONVENED AT 4:30 P.M. FOR REGULAR ME VI. ROLL CALL Present: Mayor Will O'Neill, Mayor P e a1FAvery, Council Member Joy Brenner, Council Member Diane Dixon, Coun Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin M d VII. CLOSED SESSION REPORT City Attorney Harp r tha otion by Council Member Herdman and second by Mayor Pro Tem Avery, the Counc ously to initiate litigation regarding one matter and added that particulars related to t will be disclosed to any person upon inquiry once the litigation has formally commenced. VIII. INVOCATION — PastorlFrew Ross, Christ Lutheran Church, Costa Mesa IX. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Avery X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Brenner: • Utilized slides to commend the Public Works and Fire Departments regarding their response to the water main breaks at Shorecliffs, announce the Corona del Mar High School COVID-19 Project, and the virtual Short -Term Lodging Rental Workshop on October 22, 2020 at 4:00 p.m. Council Member Dixon • Attended an Ad Hoc Committee on Short -Term Lodging meeting and a Boardwalk safety meeting with the Balboa Peninsula Residents Association • Requested a future agenda item to consider an ordinance to require owner -occupied short-term rentals on Newport Island only Volume 64 - Page 536 City of Newport Beach Regular Meeting October 13, 2020 In response to Council Member Dixon's question regarding Item 13 (Approval of Budget Amendment to Allocate Restricted Donations for Purchase of SWAT Team Protective Equipment), City Manager Leung reported that a group of community members who have a personal connection to a member of the police force anonymously donated funds which will be used to purchase protective equipment for the SWAT team. Mayor O'Neill thanked staff and the Spyglass Hill Homeowners Association for developing and funding Item 9 (Mission Bay Drive Drainage Project — Award of Contract No. 7889-1) and members of the community for donating to Item 13, and announced staff has pulled Item 16 (City Council Support for Opening Park Playgrounds) from the agenda. Jim Mosher noted that one-way streets adjacent to those named in Item 3 (Ordinance No. 2020-25: Designating Portions of 61St and Lancaster Streets in Newport Shores as One -Way Streets) are not included in the Newport Beach Municipal Code, questioned how Item 5 (Resolution No. 2020-86: Announcing Its Commitment to End Child Marriage and Authorizing the City Manager, or Designee, to Provide Educational Information Pertaining to Ending Child Marri pertained to the functions of the City, and inquired whether staff made Council aware of all the appis for Item 14 (Confirmation of Appointment to the Newport Beach Restaurant Association Busin rovement District Advisory Board of Directors) prior to voting. Hoiyin Ip, addressing Item 11 (Amendment No. T to for Beach Container Refuse Collection Service with Rainbow Disposal Co., Inc.), th d torks Department for cleaning the beaches, noted the annual cost of the contract i IdV 0 000 to$320,000, and hoped Council would support the trash and toxics reduction i Denys Oberman, addressing Item 4, thanked nging this item forward, but believed the ordinance contained a significant gap re ar cement and that motorized vehicles on the Boardwalk are unsafe. XIV. CONSENT CALENDAR READING OF MINUTES AN ES 1. Minutes for the be 020 City Council Regular Meeting [100-20201 Waive reading of s approve as written, and order filed. 2. Reading of Ordin s Waive reading in fu l 11 ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCE FOR INTRODUCTION 3. Ordinance No. 2020-25: Designating Portions of 61St and Lancaster Streets in Newport Shores as One -Way Streets [100-20201 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, read by title only, introduce Ordinance No. 2020-25, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 12.52.060 of the Newport Beach Municipal Code to Designate Portions of Streets as One -Way Traffic Only, and pass to second reading on October 27, 2020. ORDINANCE FOR ADOPTION 4. Ordinance No. 2020-24: Amending Chapter 12.54 of the Newport Beach Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program [100-20201 Volume 64 - Page 538 City of Newport Beach Regular Meeting October 13, 2020 Motion by Council Member Muldoon, seconded by Council Member Herdman, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) adopt Resolution No. 2020-89, A Resolution of the City Council of the City of Newport Beach, California, Approving General Plan Amendment No. GP2020-003 for a Residential Subdivision Located at 2400 Santiago Drive (PA2020-041); and c) adopt Resolution No. 2020-90, A Resolution of the City Council of the City of Newport Beach, California, Approving Tentative Parcel Map No. NP2020-007 for a Residential Subdivision Located at 2400 Santiago Drive (PA2020-041). With Mayor Pro Tem Avery voting "no," the motion carried 6-1. 18. Ordinance No. 2020-26: Short Term Lodging Amendments to Chapter 5.95 and Title 21 of the Newport Beach Municipal Code (PA2020-048) [100-20201 Mayor O'Neill recommended Council discuss provisions specifi o Newport Island separately and direct staff to return with modifications because public commML have suggested the proposed amendments are insufficient. City Attorney Harp advised that tAMMILommendation is appropriate. Mayor O'Neill acknowledged that the s good operators o'Main the City's their -support while balancing the needs of residents and visitors.W - Council Member Herdman reported that the Ad been working on this issue for 20 months, held committee meetings, and heard from the comm Council has adopted an ordinance that reg data on problem units, believed the City has that good operators have nothing to Val protecting the well-being of residents. Council Member Brenner n cap will not negatively imp Onrilineetings on Short -Term Lodging (STL) has and more than 20 ad hoc pwners, and STL owners, stated that L industry and that allows staff to collect d means to eliminate problem units, assured and emphasized that Council is responsible for rom STL operators supporting a six -night minimum, the operators, and good operators appreciate the ordinance. Council Member AJJJh&at4WaT engagement with management companies and residents has been intensive, notrnot L topic has been before Council for four or five years, believed the four -night minimument for Newport Island is almost impossible to enforce, stated the answering serval enforcement mechanism, noted that residents are looking to the City to enforce the that the ordinance contains the good operators' requirements for a minimum age of 25 years and a good neighbor policy, and stated that the City has not assessed the negative environmental impacts of STLs on the community. In response to Council Member Dixon's questions, Community Development Director Jurjis advised that the Coastal Commission believes STL units are low-cost visitor accommodations and wants to preserve the units in any Coastal Zone, stated the majority of complaints to the hotline concern noise, and noted that staff investigates all complaints, but code enforcement officers need evidence. Police Chief Lewis indicated police officers enforce after --hour parking violations and notifyies code enforcement of citations or advisements that are issued. Community Development Director Jurjis related that code enforcement resources appear to be enough and that staff will assess resources over time. In response to Mayor O'Neill's questions, Community Development Director Jurjis reported the ad hoc committee worked through and analyzed the cap, looked at the number of permits issued and the number in process and added a little more for a total of 1,550, stated that if Council approved a cap of 1,550, the ad hoc committee wants to amend the emergency ordinance to allow the issuance of permits up to the cap, reported approximately 30 citations not related to COVID-19 have been issued to STL owners in the past two years, noted that Government Code requires a six-week review Volume 64 - Page 543 City of Newport Beach Regular Meeting October 13, 2020 Council Member Duffield appreciated the ad hoc committee's many hours of work, concurred with Council Member Muldoon's comments regarding enforcement, believed Newport Island needs its own rules, and supported a requirement for owner -occupied and owner -managed on Newport Island. Mayor O'Neill noted four operators, who represent more than a third of the rental units, do not support the ordinance as currently written, expressed concern about the Coastal Commission accepting the LCP amendment as written, clarified the challenges of drafting language for a cap and transferability clause, stated that Council needs the support of good operators, and believed modifying the emergency ordinance will require multiple meetings. Council Member Brenner wanted to move the ordinance forward with the transferability language in order to begin the process for Coastal Commission approval and Council can amend the ordinance as needed. Motion by Council Member Brenner, seconded by Council Member Dixon, to a) find this project exempt from the California Environmental Quality Act EQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15 c)(3), and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Se 5061(b)(3) because it has no potential to have a significant effect on the environment; b) w e eading, read by title only, introduce Ordinance No. 2020-26, An Ordinance of the Ci o o the City of Newport Beach, California, Amending Portions of Chapter5.95 of e Ne h Municipal Code Relating to Short Term Lodging, and pass to second readin Oc 7, 2020; and c) adopt Resolution No. 2020-91, A Resolution of the City Council of th port Beach, California, Authorizing Submittal of Local Coastal Program Amendme C2020-007 to the California Coastal Commission, an Amendment to Title 21 (Lo a Program Implementation Plan) of the Newport Beach Municipal Code Related to J&o odging (PA2020-048). Mayor Pro Tem Avery compared STLi mooring permits, and believed a lottery is a good idea and preferable to the transferabil & ge. Council Member Dixon suppreor wage for transferring ownership through a family trust and to an immediate familysuggested a time limit could be imposed in addition to a three -night minim stay,550 units, a minimum age of 25 years for tenants, and requiring owners ipoking violations. Council Member He orted extensive surveys were conducted of cities and did not find any transferability poli and stated Council needs to determine if the Coastal Commission will approve the cap and ree-night minimum stay. In response to Council Member Dixon's question, Community Development Director Jurjis advised that staff can discuss the issues with Coastal Commission staff. Council Member Muldoon indicated he supports lifting the ban on STL permits, but opposes the ordinance. City Attorney Harp proposed amending Condition of Approval 23 to state, "The owner shall ensure that any transient user or transient user's guest complies with state or local law." Council Members Brenner and Dixon accepted the amendment. With Mayor O'Neill, Mayor Pro Tem Avery and Council Member Muldoon voting "no," the motion, as amended, carried 4-3. City Attorney Harp requested Council consider whether provisions for Newport Island will include a grandfather clause. Volume 64 - Page 548 City of Newport Beach Regular Meeting October 13, 2020 Council Member Dixon proposed maintaining the freeze on permits for Newport Island until the City shifts to owner -occupied and owner -managed. City Attorney Harp advised that the ban on permits is tied to the emergency; if the emergency demands a freeze on permits, then the freeze is appropriate, as the ban is not a moratorium. Mayor O'Neill clarified that Council Member Dixon is not proposing an emergency ordinance but an ordinance. City Attorney Harp reported Council could propose a moratorium or modify the ordinance. Mayor Pro Tem Avery inquired about a transition point for Newport Island. Council Member Dixon suggested enforcement of parking and noise regulations begin immediately and suggested that staff can return with a proposed ordinance at the next Council meeting. In response to Council Member Brenner's question, City Attorney Harp suggested Council allow existing permitholders ten years to amortize out. Council Member Dixon noted existing permitholders may continue to operate if they transition to owner -occupied and owner -managed. Council Member Herdman questioned whether requiring accomplish Council's goals for Newport Island. Council P improve with owner occupancy and management of units. Mayor Pro Tem Avery stated some property owners comply. City Attorney Harp added that some pro than move into it, but a sale could require some ti City Attorney Harp suggested staff return with a Council Member Brenner indicated C Council allows a year, property owners Council Member Herdman advised 24 months is probably the best wa3d City Attorney relationships N Council Member support a 24 oxo plummeting. �y and management would assumed conditions would into the home in order to e to sell the home rather with options. take a year and, if the units are rented for the entirety of 2021, so with owners' contractual that, if there was a way to fund additional enforcement, he could transition, as residents are suffering and their property values are With Council Member Muldoon voting "no," there was a 6-1 straw vote to issue no new permits on Newport Island. With Council Member Muldoon and Mayor O'Neill voting "no," there was 5-2 straw vote to require short-term lodging on Newport Island to transition to owner -occupied and owner -managed within 12 months after Coastal Commission approval. Mayor O'Neill recessed the meeting at 9.05 p.m. and reconvened at 9.16 p.m. with all members of the City Council in attendance. XVIII. CURRENT BUSINESS 19. Resolution Nos. 2020-92 and 2020-93: Authorizing an Appeal of the Regional Housing Needs Assessment and Amending the Purpose of the Housing Element Update Advisory Committee [100-20201 Community Development Director Jurjis presented a map to demonstrate that only 45% of the City is not impacted by constraints and discussed the methodology, COVID-19 impacts, and the timeline. Volume 64 - Page 549 City of Newport Beach Regular Meeting October 13, 2020 Mayor O'Neill reported he has been working with other cities and the Southern California Association of Governments (SCAG) representative to draft a letter asking SLAG to re-form its litigation committee to consider filing litigation against the California Department of Housing and Community Development (HCD) to reduce the allocation. Community Development Director Jurjis advised that the HEUAC is busy with the Housing Element and opportunity sites, so the Chair does not believe the HEUAC has the capacity to focus on the Circulation Element, stated that work needs to begin on the Circulation Element, noted that the Planning Commission is authorized to review all aspects of the General Plan and make a recommendation to the City Council, and reported that staff recommends the Planning Commission update the Circulation Element. In response to Council Member Brenner's questions, Community Development Director Jurjis indicated a few Planning Commissioners are interested in participating in the HEUAC's outreach subcommittee, Tony Petros of LSA is serving as the consultant the Planning Commission can form ad hoc committees to engage community members and exp Mayor O'Neill referred to the Orange Coast River Park Conserv csuggesting the City focus on open space; and noted that while each element dese review, unfortunately, the Housing Element is the primary focus. - Council Member Dixon agreed that citizens should Planning Commission to supervise and work with ad hoc committee. lm Council Member Brenner believed it focused on circulation. Community D another committee and believed tha matters. City Manager 1 technical expert some point, and Council Member transportation ex [nd recommended Council direct the -centered transportation/circulation 1ler for Council to appoint a committee that is Director Jurjis expressed concern about staffing the Traffic Affairs Committee would complicate os knows the history of the City and has the necessary ,sion has to review the Circulation Element Update at is a forum for public review. FilWired if anyone on the Planning Commission has circulation or and acknowledged the Planning Commission's regular workload. Council Member Brenner commented that traffic is a fundamental issue for the community, and the Council should not base its decision on staff resources. Mayor O'Neill clarified that the Planning Commission is needed to obtain public comment and stated staff time will be better spent on the Housing Element Update with the consultant providing expertise. Jim Mosher discussed the Housing Action Plan, the resolution of tasks on the list, staff's proposal to transfer the Circulation Element to the Planning Commission, the Planning Commission reviewing work it has authored, and Public Works staff working with a citizens committee on the Circulation Element. Hoiyin Ip suggested staff search for residents who want to contribute to the Circulation Element while Council decides if it wants the Planning Commission or another committee to update the Circulation Element. Mayor O'Neill recalled that no applications were submitted to create a circulation subcommittee for the Housing Element. In response to his question, Community Development Director Jurjis Volume 64 - Page 550