HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach
Study Session and Regular Meeting
March 9, 2021
March 23, 2021
Agenda Item No. 1
2021. Council Member Dixon requested the number of emails received be included in future
reports.
Council Member Duffield supported Council Member Dixon's comments, noted the difference
between a complaint and a citation, agreed email counts need to be included, emphasized the
City needs to find ways to help the residents since noise from STLs affects property values, and
believed that there are more complaints than listed.
In response to Council Member Brenner's questions, City Attorney Harp advised that it would
be inappropriate for Council to direct enforcement on a particular issue. Acting Code
Enforcement Supervisor Murray indicated some YouTube celebrities are occupying a STL on
Newport Island, but there have been no violations and the owner is checking the property
frequently. He noted that Code Enforcement Officers can inspect STLs and recently issued a
corrections letter to a property owner who is working with planning staff to comply while still
renting the STL. He further stated that animal control handles complaints regarding off -leash
dogs. Community Development Director Jurjis clarified that the NBMC does not tie a building
code violation to an STL permit, the property owner in question needs prior work permitted,
and stated that a Building Code violation could be tied to a STL hL1mit if Council wishes. City
Attorney Harp added that staff can work on associating Buildin de violations with an STL
permit. Council Member Brenner believed there couQlake
e ccurate analysis after the
summer and pandemic.
Council Member Blom noted staff needs m enforcement happen, STL is
becoming a focus of irritation for residents, m ns were issued for STLs than anything
else, code enforcement is trending well, ALi& request for 0.75 FTE is amazing
compared to the increase in STLs. t�
Council Member Dixon related that the City has been operating in a pandemic, so the numbers
are low compared to normal, the Building Code should be fully integrated with enforcing STLs,
and an STL's permit should be on hiatus until the property is brought into compliance. In
response to her questions, City Attorney Harp reported enforcement of STL permits includes all
violations of the NBMC and State law, and stated that staff would issue a red tag if there was
a safety issue and would stop an STL from operating. He added that occupancy is based on the
property's overall square footage, not the number of bedrooms, and noted that officers need
discretion for enforcement.
In response to Council Member Brenner's question, Community Development Director Jurjis
indicated the NBMC defines a bedroom by use of the room, there is no requirement for a closet,
and the conversion of a closet into a bedroom with the proper window is not a life safety issue.
Mayor Avery commended staff for being able to carry out code enforcement duties with the
number of STL units in the City, Newport Beach is a great town for businesses, an STL that
impacts the neighborhood hurts other businesses, Council needs to focus on property owners
being good partners and managing their properties well, and Council has to send a clear message
and help residents.
Denys Oberman thanked Council for bringing forward this issue, indicated the roles of the
various enforcement groups need to be clarified so residents know who to call, fines should be
the same for STL and non-STL nuisance complaints, and believed the number of citations is a
fraction of the number of complaints.
Bud Reveley remarked that code enforcement officer authority is confusing, agreed with Council
Member Dixon's comment about suspending STL permits for code violations, suggested that
leases be provided to staff, expressed concern that code enforcement officers cannot cite parking
violations, believed the law that says a parking ticket is also a violation to the STL is irrelevant,
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City of Newport Beach
Study Session and Regular Meeting
March 9, 2021
Jim Mosher stated the Community Room is being used as a Vote Center, one candidate obtaining a
majority of the votes is unlikely to happen since there are five candidates, and the solution to this
election and future City elections is to have ranked -choice voting.
Council Member Dixon congratulated Angela Crespi on being named Deputy City Manager in Hermosa
Beach and thanked her for her service to the City.
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 title.
IV. CLOSED SESSION - Council Chambers Conference Room
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ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 1 matter
V. RECESSED - 5:58 p.m.
VI. RECONVENED AT 6:30 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Mayor Brad Avery, Mayor Pro Tem Keviinuldoo, nuncil Member Noah Blom, Council
Member Joy Brenner, Council Member lane Dixon, Council Member Duffy Duffield,
Council Member Will O'Neil
VIII. CLOSED SESSION REPORT I
City Attorney Harp announced that no repdrtable a4ons were taken.
IN. INVOCATION - Reverend Dr. George Ok1fsi, St. John the Divine Episcopal Church
X. PLEDGE OF ALLEGIANCE - Mayor Avery
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Brenner:
Attended meetings of the Ad Hoc Committee on Short Term Lodging, the Corona del Mar Business
Improvement District (BID), and the City Council Solid Waste Working GrouUA u , new at
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Used a slide to announce the March 23, 2021 public hearing regarding the proposed Proposition 218
recycling service rate increase
Council Member O'Neill:
• Used a slide to announce Housing Element and Circulation Element Workshops
(newporttogether.com)
• Attended the funeral of Richard Luehrs
• Announced a Finance Committee meeting on March 11, 2021
Council Member Dixon:
Utilized slides to discuss the Boardwalk Ambassador Program and announce a Virtual District 1
Town Hall Meeting on March 18, 2021 at 5:00 p.m.
Announced Speak Up Newport on March 10, 2021 will discuss quality of life in the City
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City of Newport Beach
Study Session and Regular Meeting
March 9, 2021
Gordon Wanlass requested Council wait to change zoning or the nature of the IG Zone until the
General Plan Update occurs.
Jeremy Creighton, Common Room Roasters, supported changing the zoning.
An unidentified speaker supported the request to change the zoning, reported the business is not a
bar, and there have not been any issues with parking.
Ian Elliott opposed the request due to parking issues, rezoning an area for one business does not
make sense, and the business has been operating illegally.
Jeanette Heckert supported allowing a wine tasting room in the IG Zone and indicated parking is
not a concern because many local residents would bicycle as opposed to drive to the facility.
Hearing no further testimony, Mayor Avery closed the public hearing.
In response to Council Member Dixon's question, Community Development Director Jurjis reviewed
non-compliance issues with the business. Council Member Dixon reported she told the owner to go
to Balboa Village, the Balboa Wine Tasting Company is a new business n Balboa Village, the real
solution is revising the General Plan, and afterschool act ities are glerally in the evening. She
stated she does not support the request. *k f1
Mayor Pro Tem Muldoon stated that one thing government can do is help businesses survive,
believed the business has evolved, the atmosphere is tame, and the area is expected to change over
time. __
Motion by Mavor Pro Tem Muldoon. A ded by Council Member O'Neill, to a) find this
action proposed herein is not a project subject to the California Environmental Quality Act (CEQA')
in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2),
15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA
Guidelines'). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3),
the general rule that CEQA applies only t9 projects which have the potential for causing a significant
effect on the environment; and b) ;yaive full reading, direct the City Clerk to read by title only,
introduce Ordinance No. 2021-6, An Ordinance of the City Council of the City of Newport Beach,
California, Adopting Zoning Code Amendment No. CA2020-005 to Amend Section 20.24.020
(Industrial Zoning Land Uses and Permit Requirements), 20.40.040 (Off -Street Parking Spaces
Required), 20.48.090 (Eating and Drinking Establishments), and 20.70.020 (Definitions of
Specialized Terms anpPhrases) of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code to Allow for Wine Tasting Rooms Within the Industrial Zoning District (IG) (PA2020-042), and
pass to second reading on March 23, 2021.
Council Member Blom indicated the area is industrial, the future of the area is going to be different,
this type of proposal is needed to get the area up and running and to provide revenue streams and
productivity, and West Newport is ready for a change.
Council Member O'Neill noted the Planning Commission discussion, Orange Coast Winery has
operated in the area, and this area will be reviewed closely in the General Plan Update process.
In response to Council Member Brenner's questions, Community Development Director Jurjis
reported that staff offered Orange Coast Winery a limited term permit, the Fire Department
determined the building needed additional fire sprinklers, the owner will not install sprinklers until
Council makes a decision about the zoning, and implementing the General Plan Update will
probably take 24 months. Council Member Brenner believed residents in the area are eager for
mixed uses that provide a sense of community; however, she was not pleased that the business was
operating without the proper permits.
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City of Newport Beach
Study Session and Regular Meeting
March 9, 2021
In response to Mayor Avery's questions, Community Development Director Jurjis reported the
business has been operating without the proper fire suppression for many years, the limited term
permit expires after a year, the applicant will need permits for the expansion of use, occupancy, and
conditional use, and the area has room for one more wine tasting business.
Council Member Dixon took issue that Council is being asked to reward a business that has been in
violation of the Fire Code for more than five years, and Council is two years away from updating the
General Plan. In response to her questions, Community Development Director Jurjis stated that
reducing business space and its occupant load so that fire sprinklers are not required is a possibility,
but the business will still need to develop plans and apply for a CUP, and someone can propose a
second wine tasting room in the area.
Mr. Greer reported the current owner purchased the building in 2019, the previous owner expanded
the business from the first bay into the second bay, the current owner wanted to expand into a third
bay but the Fire Department told him he could not operate in the second and third bays without fire
sprinklers, the current owner wants to use the first bay that a 49 -person capacity, using the
first bay does not require fire sprinklers, the business has been d for more than a year because
of COVID-19 and permitting, the Fire Department did not shut- n the business, the current
owner has met with the Community Development Department he Fire Department and
proposed a plan to operate in compliance with codes and laws, the current owner will install fire
sprinklers in the second bay if Council approvesequest, and there are no plans to open the
third bay because of the economy.
Council Member Blom clarified that obtaining a liquor lic e for a bar is very different from a wine
tasting room, and Council is not considering `ll -scale IbD
In response to Council Member Dixon's question, Community Development Director Jurjis indicated
that the change in use was not permitted. Mr. Greer stated the business has a Type 2 license to
serve wine that it produces at a different location. Deputy Community Development Director
Campbell clarified that the Zoning Code requires the business to manufacture onsite.
0
With Mayor Avery, Counq%1 Member'ixon, and Council Member Duffield voting "no," the
motion carried 4-;- f
Mayor Pro Tem AIMMoinld"he meeting at 8:07 p.m.
12. Resolution No. 2W 20: Newport Beach Junior Lifeguard Building - Approval of
Conceptual Desi Fundraising Memorandum of Understanding (C-8662-1) and
Exemption Pursuant to Section 20.10.040(A) of NBMC [38/100-2021]
Deputy Public Works Director Houlihan and Senior Civil Engineer Tauscher utilized a presentation
to discuss existing conditions, the initial and revised site location and floor plan, building amenities,
the Parks, Beaches and Recreation Commission (PB&R) presentation and comments, building
maintenance and operation costs, tentative building schedule, overall site plan and parking
analysis, and staff recommendations.
In response to Council Member Dixon's questions, Senior Civil Engineer Tauscher and Deputy
Public Works Director Houlihan related that parents can drive through the parking lot for drop off,
and berming and raising the building above grade will help prevent flood damage. Lifeguard
Operations Assistant Chief Halphide stated a variety of factors ruled out 15th Street as a location
for the building, and the proposed site was one of three considered. Council Member Dixon
appreciated the revised design, the Newport Beach Junior Lifeguard (NBJG) Foundation's and
community's efforts to bring this forward, and the opportunity for year-round programs.
Volume 64 - Page 662
City of Newport Beach
Study Session and Regular Meeting
March 9, 2021
Council Member Duffield stated the public uses the Harbor and public docks, and dredging does not
only occur around private docks.
In response to Council Member Dixon's questions, Recreation and Senior Services Detweiler
reported that the amount of a subsidy is based on community benefit versus individual benefit,
history, market rates, and other factors, another consideration is facilities and services for which no
fees are charged, and cost recovery for every expense would raise program fees beyond some people's
ability to pay. City Manager Leung noted recreation fees will be studied next year. Senior
Accountant Schweitzer advised that the $0.10 per minute after ten minutes would be the overstay
surcharge at electric vehicle charging stations and would be collected at the time of use.
Mayor Avery stated that he prefers to build equity into recreation programs so that anyone can
participate, summer programs are important for families, residents W4H P,_p 144 4 +affpt-------- +s
probably need an incentive, and the true cost for participation should be broken down. In response
to his question, City Manager Leung indicated staff is going to look at a scholarship program for the
Newport Beach Junior Lifeguard Program.
Mayor Avery opened the public hearing.
Jim Mosher believed that some subsidies may be justified by having a greater community benefit
for everybody, the library printing costs are ten times that charged by other City departments, the
calculation of the flat fee for Harbor appeals is not the correct approach, and the disparate costs
should be weighted by the number of each type of appeal filed.
Hearing no further testimony, Mayor Avert osed the public hearing.
Motion by Council Member O'Neill, seconded by Council Member Dixon, 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) adopt Resolution No. 2021-21, AResolution of
the City Council of the City oINtuportBeach, California, Adopting and Revising Certain Fees Within
the Schedule of Rents, Fine Fees aryd Updating the Methodology for Annual Consumer Price
Index Calculations; c wa ull reading, direct the City Clerk to read by title only, introduce
Ordinance No. 2021-74& Ordinance of the City Council of the City of Newport Beach, California,
Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery,
and pass to second reading on March 23, 2021; and d) waive full reading, direct the City Clerk to
read by title only, introduce Ordinance No. 2021-8, An Ordinance of the City Council of the City of
Newport Beach, California, Enacting Newport Beach Municipal Code Section 12.44. 111 to Permit
the Establishment of O'uerstay Charges for Parking at Public Electric Vehicle Charging Stations, and
pass to second reading on March 23, 2021.
With Mayor Pro Tem Muldoon absent, the motion carried 6-0.
14. Ordinance No. 2021-9: Amending Newport Beach Municipal Code Chapter 5.49 to Remove
Fire False Alarms and to Authorize the Police Chief to Investigate Alarm Systems for
Permitting [100-2021]
Mayor Avery opened the public hearing.
Jim Mosher questioned the logic of resetting the number of false alarms to zero at the beginning of
each calendar year.
Fire Marshal Bass reported that the intent is to change behavior rather than to punish, and
indicated the policy aligns with those in police and fire departments throughout the county.
Hearing no further testimony, Mayor Avery closed the public hearing.
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