HomeMy WebLinkAbout05/11/2021 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
May 11, 2021
I. ROLL CALL - 4:00 p.m.
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon (arrived at 4:04 p.m.), Council Member
Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon (via Zoom), Council
Member Duffy Duffield (arrived at 4:42 p.m.), Council Member Will O'Neill
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar
Council Member Brenner, addressing Item 6 (Resolution No. 2021-40: Resolution of Intention
to Disestablish the Corona del Mar Business Improvement District and Fix the Time and Place
of a Public Hearing), reported that an agreement is being worked out between Visit Newport
Beach Inc., the Corona del Mar (CdM) Chamber of Commerce, and the City to ensure holiday
decorations in the CdM business district continue, and noted that Visit Newport Beach agrees
that the decorations contribute to the ambience of Boat Parade festivities.
SS2. Public Works Week Proclamation [100-20211
Mayor Avery read the proclamation and presented it to Public Works Director Webb, who
thanked the City Council and residents for their support and indicated that Public Works
employees are doing a great job.
SS3. Presentation by the Orange County Mosquito and Vector Control District [100-20211
Amber Semrow, Orange County Mosquito and Vector Control District Director of Scientific
Technical Services, utilized a presentation and video to discuss scope and governance,
mosquitoes, West Nile Virus cases in Orange County and Newport Beach, nine high risk cities,
integrated vector management, invasive Aedes infestation, backyard breeding, life cycle and egg
size, differences between Culex and Aedes mosquitoes, service requests and mosquito activity
in Newport Beach, the Big Canyon siphon project, trap counts in Newport Beach compared to
other Orange County sites, and working together.
In response to Council Member questions, Ms. Semrow indicated there has been no local
transmission of Zika, recommended residents use repellents approved by the Environmental
Protection Agency (EPA), suggested that residents eliminate all sources of standing water, scrub
anything holding water, and store containers in a dry place, stated that mosquito eradication
needs to be a community effort and residents may call the Mosquito and Vector Control District
to report mosquitoes, and added that mosquitoes from Big Canyon can travel to homes on the
bluffs.
Council Member Brenner appreciated serving on the Board and the opportunity to learn about
the District's services, noted mosquitoes were a huge problem last summer, and recommended
an over-the-counter treatment for mosquito bites. In response to her question, Public Works
Director Webb reported that the City has been working aggressively in Big Canyon to remove
invasive plants and eliminate stagnant water: many of the stagnant ponds are located on State
property and staff is working with the State to address the problem.
Rich Howard, Orange County Mosquito and Vector Control District Manager, noted that in 1947
the mosquito volume in Newport Beach was so high that people could not live in certain areas.
This problem, combined with veterans returning from World War II carrying malaria. were the
primary reasons for the creation of the Orange County Mosquito and Vector Control District.
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SS4. Development Impact Fees [100-2021]
Community Development Director Jurjis utilized a presentation to explain development impact
fees, discuss examples from other cities, highlight a survey of Orange County cities, benefits of
development impact fees, current City fair share fees, park fees, and possible development
impact fees to study, review development agreements, and provide an overview of the
development impact fee program and Council policy considerations.
Council Member Blom supported directing staff to begin a study and look at how fees will impact
the budget.
In response to Council Member Dixon's questions, Community Development Director Jurjis
indicated because Charter Section 423 (Greenlight) slowed growth, the City has not needed to
develop an impact fee program as staff has been comfortable with the development agreement
process. With the current Regional Housing Needs Assessment (RHNA) allocation, growth will
be faster and opportunities for development agreements will be fewer, without an impact fee
program, paying for City facilities will be harder and funding will probably come from the
General Fund; typically facilities are funded with General Fund monies, but the City issued a
bond for Fire Station No. 2, multi -family projects have paid developer fees and public benefit
fees through development agreements, and reiterated that going forward, opportunities for
development agreements will lessen. Council Member Dixon supported looking at this further,
and believed Council should be informed about what the future may bring.
In response to Council Member O'Neill's questions, staff reported the cost of a study varies based
on the type of fee studied, the consultant provided a cost estimate of $13,000 per fee, the study
would set an in -lieu fee for affordable housing, in the past, an in -lieu fee for affordable housing
was negotiated through a development agreement, the consultant may look at fees in other cities
and past City development agreements and make recommendations, an affordable housing in -
lieu fee may be waived to incentivize affordable housing projects, an in -lieu fee is charged when
no affordable housing is constructed, a $26,000 fee was charged about a decade ago and needs
to be studied, the purpose of an in -lieu fee is to create affordable units, and the fee can be waived
to make an affordable housing project feasible.
Council Member O'Neill noted that increasing fees also increases construction costs, the State
has created an unfunded mandate for housing, and a substantial amount of housing will
probably impact the Airport Area where there is no fire station and few police resources. He
stated he loathed placing the potential need for a new fire station on taxpayers. City Manager
Leung relayed the importance of information gathering, stated there are a host of ways to move
forward, and quantifying the potential impacts would be helpful. Council Member O'Neill
supported reviewing police, fire, water, sewer, and affordable housing fees, was open to a
recreation fee, would not charge those fees to accessory dwelling units (ADUs) and single-family
homes, but would charge them to multi -family, office, retail, and industrial projects.
In response to Mayor Avery's question, Community Development Director Jurjis indicated staff
knows the costs for sewer and water connections, not all fees will be related to development, the
impact fee analysis will include the need for new facilities, and children in multi -family housing
need a place to play other than the streets. Mayor Avery supported studying all fees.
Council Member Dixon supported Council Member O'Neill's proposal, recommended moving
forward with a study, agreed that knowing the potential impacts is prudent and strategic
planning, suggested that the Finance Committee look at this, and assured everyone that Council
is not advocating fee increases.
In response to Council Member Brenner's question, Council Member O'Neill indicated that the
RHNA allocation is the reason for Council considering impact fees, and discussed creating 4,800
new units through single-family homes versus ADUs and high-density development and
expanding existing facilities and infrastructure versus building new facilities and infrastructure
for new units. He related that water and sewer connections for ADUs are simpler because they
are basically extensions to existing services.
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Council Member Blom stated the City of Orange's fee was about $14,000 for a residential unit,
suggested that, if the City is going to spend $100,000 for a fee study, it should include
everything, and stated the Mariners' Mile project could pay about $500,000 in impact fees. He
supported a study of impact fees, including a fee on single-family houses.
Mayor Avery concurred with Council Member Blom's and Council Member O'Neill's comments.
Jim Mosher referred to Implementation Plan Program 30.2A, expressed concern about the cost
of the study, and stated an evaluation of the fair share traffic impact fee is overdue.
Council Member O'Neill proposed omitting library and recreation fees from the study, which
would save $26,000.
With Mayor Pro Tem Muldoon and Council Members O'Neill and Dixon voting 'yes,"
and Council Member Duffield temporarily absent, there was a 3-3 straw vote to study
fees for police, fire, water, sewer, and affordable housing with all potential
development listed in Item 4.
With Mayor Avery and Council Members Blom, Brenner, and Dixon voting 'yes," and
Council Member Duffield temporarily absent, there was a 4-2 straw vote to study all
areas.
III. PUBLIC COMMENTS
Jim Mosher discussed the City's authority to impose a trash recycling fee, stated that the recycling
company should pay its users rather than charge for processing waste since they receive revenue from
the recycled items, and questioned whether the solid waste working group knew that the Costa Mesa
Sanitary District's staff was recommending that the District deny CR&R's cost increases and discussed
their fees with the District.
Hoiyin Ip shared a California Coastal Commission representative's comments during an Ocean
Protection Council webinar, noted that at some point the City will need a permit from the Coastal
Commission for the trash wheel, and advised that the Ocean Protection Council is willing to assist with
the implementation of ordinances that are based on reusables and reduction of single use plastics.
City Attorney Harp reported the City Council would adjourn to Closed Session to discuss the
item listed in the Closed Session agenda and read the title.
Mayor Pro Tem Muldoon recused himself from Closed Session due to potential business
interest conflicts.
Council Member Blom recused himself from Closed Session due to real property interest
conflicts.
IV. CLOSED SESSION — Council Chambers Conference Room
A. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9) (d)(2), (e)(1): 1 Matter
V. RECESSED — 5:11 p.m.
VI. RECONVENED AT 5:44 P.M. FOR REGULAR MEETING
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City of Newport Beach
Study Session and Regular Meeting
May 11, 2021
VII. ROLL CALL
Present: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council
Member Joy Brenner, Council Member Diane Dixon (via Zoom), Council Member Duffy
Duffield, Council Member Will O'Neill
VIII. CLOSED SESSION REPORT
City Attorney Harp announced that no reportable actions were taken.
IX. INVOCATION - Mayor Avery
X. PLEDGE OF ALLEGIANCE - Council Member Duffield
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON
COMMITTEE ACTIVITIES
Council Member Brenner:
• Attended the Arbor Day ceremony with Council Members Dixon and O'Neill and Mayor Avery
• Utilized slides to announce the May 20, 2021 Corona del Mar Residents Association meeting and
the compost giveaway
Council Member O'Neill:
• Announced a Finance Committee meeting on May 13, 2021
• Attended a lunch with the Make -a -Wish Foundation
• Utilized slides to announce the Community Programs and Special Events Grant Program and a
May 26, 2021 COVID-19 vaccination clinic from 12:00 p.m. to 4:00 p.m. in the Civic Center
Community Room
Council Member Dixon:
• Utilized slides to announce a Virtual District 1 Town Hall on June 17, 2021 and the Board and
Commission application deadline of May 12, 2021 at noon
• Announced a May 17, 2021 Aviation Committee meeting
Council Member Blom:
• Used a slide to highlight the work of the Utilities Department
Council Member Duffield:
• Shared Seymour Beek's long -desire for a transient mooring field at the top of the Bay and
announced that the Coast Guard has approved a summer -only transient mooring field at the top of
the Bay
• Attended a Water Quality/Coastal Tidelands Committee meeting
Mayor Avery:
• Utilized slides to highlight Town Talk interviews, repair of a 12" water pipe, and the Arbor Day
celebration with Council Members O'Neill, Dixon, and Brenner and himself in attendance, and
recognized Sharon Hamilton and Lisa Caraway of Stanbridge University and Dawn Calbert's first
grade class from Newport Elementary School
• Announced Paul Blank's employment as the new Harbormaster
• Announced that the Bridge Homeless Shelter opened May 1, 2021, and had Assistant City Manager
Jacobs provide an update
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XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Restart the General Plan Update process, with consideration given to the former
members of the committee [Dixon]
The City Council concurred 7-0 to bring the item back at a future meeting.
Review and update the City's current accessory dwelling unit ("ADU") and junior
accessory dwelling unit ("JADU") ordinance to allow maximum flexibility under State
law to allow property owners the easiest opportunity to legalize their unpermitted units,
and to also give property owners maximum opportunity to propose new ADUs or JADUs
so the City can get housing unit production credits under the State mandated RHNA
[Muldoon]
The City Council concurred 7-0 to bring the item back at a future meeting.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher, addressing Item 1 (Minutes for the April 27, 2021 City Council Regular Meeting) and Item
5 (Resolution No. 2021-39: Supporting Assembly Bill 327, As Amended: COVID-19 Vaccination Status:
Prohibition on Required Disclosure), proposed a revision to the minutes and noted Item 5 does not
provide an explanation of Council's rationale for supporting the bill, Council has looked to Hoag Hospital
as the authority related to COVID-19, and Hoag Hospital has been administering the emergency
authorization vaccines.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the April 27, 2021 City Council Regular Meeting [100-2021]
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.
ORDINANCE FOR INTRODUCTION
3. Ordinance No. 2021-10: Amending Portions of Chapter 1.05 of the Newport Beach
Municipal Code Relating to Citation Fees and Citation Appeal Period (PA2021-079)
[100-2021]
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. 2021-10,
An Ordinance of the City Council of the City of Newport Beach, California, Amending Section
1.05.020, Section 1.05.060, and Section 1.12.020 of the Newport Beach Municipal Code to
Increase Fines for Violations of the Municipal Code and Shorten the Administrative Citation
Appeal Period, and pass to second reading on May 25, 2021.
Council Member Blom and Council Member O'Neill voted "no" on Item 3.
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RESOLUTIONS FOR ADOPTION
4. Resolution No. 2021-38: Summary Vacation of Existing Public Utilities Easement at
628 Malabar Drive [100-2021]
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 amended Resolution No. 2021-38, A Resolution of the City Council of the City of Newport
Beach, California, Declaring the City's Summary Vacation of an Existing Ten (10) Foot Wide
Public Utilities Easement Within a Portion of Lot 93 of Tract No. 1701 at 628 Malabar Drive and
Directing the City Clerk to Record Same with the County Recorder's Office;
c) Direct staff to process the summary vacation of said easement; and
d) Direct the City Clerk to have the Resolution and summary vacation documents recorded by the
Orange County Recorder.
Mayor Pro Tem Muldoon recused himself on Item 4 due to potential business interest
conflicts.
Resolution No. 2021-39: Supporting Assembly Bill 327, As Amended: COVID-19
Vaccination Status: Prohibition on Required Disclosure [100-2021]
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) Adopt Resolution No. 2021-39, A Resolution of the City Council of the City of Newport Beach,
California, Supporting California Assembly Bill 327, as Amended.
Council Member Brenner voted "no" on Item 5.
6. Pulled from the Consent Calendar
7. Resolution No. 2021-41: Resolution of Intention to Renew the Newport Beach Restaurant
Association Business Improvement District, Levy Assessments in FY 2021-22 and Fix the
Time and Place of a Public Hearing [100-2021] — The item failed
Council Member Blom recused himself on Item 7 due to business interest conflicts.
Mayor Avery, Mayor Pro Tem Muldoon, Council Member Duffield, and Council Member O'Neill
voted `no" on Item 7.
CONTRACTS AND AGREEMENTS
8. Approval of a Service Agreement for Alley Sweeping Services with AGO Industries, Inc.,
DBA SoCal Property Services (C-8682-1) [38/100-2021]
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 Service Agreement for Alley Sweeping Services with AGO Industries, Inc., DBA SoCal
Property Services for a seven-year term with a not -to -exceed amount of $640,000, and authorize
the Mayor and City Clerk to execute the agreement.
9. Amendment No. Three to On -Call Maintenance and Repair Services Agreements with
Erosion Control Applications, Inc. (C-7296-1) [38/100-2021]
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
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b) Approve Amendment No. Three to the On -Call Maintenance and Repair Services Agreement
with Erosion Control Applications, Inc., increasing the contract compensation limit by $140,000
and extending the term to December 31, 2022.
10. Amendment No. One to Temporary Employment Agreement with Rosalinh Ung
(C-8647-1) [381100-20211
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) Authorize the Mayor and Community Development Director to execute an amendment to the
Post Retirement Temporary Employment Agreement with retired employee Rosalinh Ung.
Mayor Pro Tem Muldoon voted "no" on Item 10.
11. Award of Contract to Davis Farr LLP for Audit Services (C-8683-1) [381100-2021]
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) Authorize the Mayor and City Clerk to execute a three-year contract, with two optional
one-year extensions with Davis Farr LLP in a not to exceed amount of $270,000 to perform the
City's annual financial statement audit.
MISCELLANEOUS
12. Planning Commission Agenda for the May 6, 2021 Meeting [100-20211
Receive and file.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Blom, to approve the
Consent Calendar, except for the item pulled (Item 6) and the failed item (Item 7); and noting the recusal
by Mayor Pro Tem Muldoon to Item 4, the recusal by Council Member Blom to Item 7, the "no" votes by
Council Member Blom and Council Member O'Neill to Item 3, the "no" vote by Council Member Brenner
to Item 5, the "no" votes by Mayor Avery, Mayor Pro Tem Muldoon, Council Member Duffield, and
Council Member O'Neill to Item 7, the "no" vote by Mayor Pro Tem Muldoon to Item 10, and the
amendments to Items 1 and 4.
City Attorney Harp noted that, because Item 7 (a) - (c) failed (2-4-1), it would be appropriate for the City
Council to direct City staff to bring back a Resolution of Intention to disestablish the Newport Beach
Restaurant Association Business Improvement District and fix the time of a public hearing.
The maker and seconder of the motion incorporated the direction into the motion.
With Council Members Brenner and Dixon, voting "no," the amended motion carried 5-2 (as
amended during Motions for Reconsideration at the May 25, 2021 City Council meeting).
XVI. ITEM REMOVED FROM THE CONSENT CALENDAR
6. Resolution No. 2021-40: Resolution of Intention to Disestablish the Corona del Mar
Business Improvement District and Fix the Time and Place of a Public Hearing [100-20211
Council Member Brenner thanked Bernie Svalstad and all the past and present members of the
CdM BID Board for their leadership and work.
Bernie Svalstad summarized his lengthy involvement with the BID, stated the BID has
accomplished the major goals of the 2004 and 2020 Vision Plans, and indicated the Board
recommends the disestablishment of the CdM BID and agrees with donating the Christmas
decorations to Visit Newport Beach.
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Motion by Council Member 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) modify the Corona del Mar Business
Improvement District's recommended Proposed Plan to Dispose of Assets by donating a portion of
the physical assets to Visit Newport Beach, Inc. instead of the City of Newport Beach; c) approve
the Corona del Mar Business Improvement District's Fiscal Year 2020-21 Annual Report; and d)
adopt Resolution No. 2021-40, A Resolution of the City Council of the City of Newport Beach,
California, Declaring its Intention to Disestablish the Corona del Mar Business Improvement District
and Fix the Time and Place of a Public Hearing for June 8, 2021.
The motion carried unanimously.
XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Ida Margaret Wolff asked when the OASIS Senior Center will re -open.
George Lesley, Exchange Club of Newport Harbor, announced that the 2021 and 12th Annual Field of
Honor will run from May 15-31, 2021, and related that the event will honor military personnel, first
responders, and emergency medical personnel by placing flags in Castaways Park, and members of the
public may dedicate and purchase flags.
Jim Mosher discussed the Community Development Director's recent determination that 30% of all
hotel rooms may be converted to residences, how this contradicts with Greenlight, and the cap on
residences in Newport Center. He expressed the opinion that meeting the City's RHNA requirement by
reducing the number of hotel rooms and increasing the number of residences should be discussed.
Victor Paglia commented on the audio quality while watching the meeting via Zoom.
XVIII. PUBLIC HEARING
13. Ordinance No. 2021-11: Zoning Code Amendment to Allow Eating and Drinking
Establishments and Health/Fitness Facilities within the Mixed -Use Dover/Westcliff
Zoning District (PA2020-316) [100-20211
Community Development Director Jurjis reported that Council Member Duffield requested the
amendment, and the amendment will allow additional uses on the six parcels located on Dover Drive
between 16th Street and Westcliff Drive.
In response to Council Member Brenner's question, Community Development Director Jurjis
indicated he has not engaged anyone affiliated with the church.
David McPhie, Church of Jesus Christ of Latter -Day Saints, expressed concern that additional uses
will upset the existing balance in parking and create safety issues for parishioners walking to the
church, and hoped to work with the community to resolve the issue.
In response to Council Member O'Neill's question, Mr. McPhie agreed that the current office uses
could utilize their parking lots during the evenings, and indicated the complementary use situation
is likely to continue if the amendment is approved, and his purpose in addressing Council is to share
the church's concerns.
In response to Council Member Blom's questions, Mr. McPhie estimated that there are about
100 onsite parking spaces, and related that 100-200 parishioners attend services, summer visitors
almost double the attendance, the church has arrangements for offsite parking, and parking
enforcement is a concern if the amendment is approved.
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Council Member Blom noted property owners are seeking the amendment, and stated it seems
strange to penalize the property owners so that the church may continue to use their parking.
Council Member Duffield indicated that the applicant approached him and expressed the need for
the proposed change, the market for office space is difficult, nearby uses include restaurants and
gyms, the applicant questioned the zoning of the six parcels, staff did not have an answer, there is
very little activity around the parcels now, the impact of the amendment on the church is inevitable,
the property owners are desperate for viable uses, and hopefully the church can work out its issues
with the property owners or reach agreements with other property owners.
Council Member Blom concurred with Council Member Duffield's comments and expressed the
opinion that property owners are looking to reinvigorate their properties, property owners who
reinvest in their properties benefit the City and enhance the area, in looking at the City as a whole,
the amendment makes sense, parishioners will find a way to attend services, and Council supports
the church, businesses, and residents.
Mayor Avery opened the public hearing.
Laura Acuna, DMP Properties, property manager for 1501 and 1515 Westcliff Drive, suggested a
restaurant or gym tenant could use the parking lot during weekend and evening hours because it is
underutilized, expressed the opinion that insufficient onsite parking on one parcel is not a reason to
penalize other property owners, and any of the properties could be redeveloped with a mixed-use
project. She stated the proposed amendment contains safeguards for parking, the additional uses
were allowed on the parcels prior to 2010, and the proposed amendment will aid property owners
and management companies and add valuable amenities to the community.
Charles Klobe agreed that streaming the meeting via Zoom results in poor audio from microphones
in the Council Chambers, and related that the adjacent apartment complex is under -parked, which
exacerbates the church's parking situation, and the additional uses include fast-food restaurants
with drive-through service that could be open late at night.
Council Member Blom emphasized that the proposed amendment does not include drive-through
facilities.
Hearing no further testimony, Mayor Avery closed the public hearing.
Council Member O'Neill supported the amendment and encouraged the church to contact staff
before the second reading of the ordinance.
Motion by Council Member O'Neill, seconded by Council Member Duffield, to a) find this
action proposed herein 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 to projects which have the potential for causing a significant
effect on the environment; and b) waive full reading, direct the City Clerk to read by title only,
introduce Ordinance No. 2021-11, An Ordinance of the City Council of the City of Newport Beach,
California, Adopting Zoning Code Amendment No. CA2020-009 Amending Table 2-8 (Allowed Uses
and Permit Requirements) of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit
Requirements) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to Allow
Eating and Drinking Establishments and Large Health/Fitness Facilities in the MU -DW (Mixed -
Use Dover/ Westcliff) Zoning District (PA2020-316), and pass to second reading on May 25, 2021.
Council Member Dixon suggested the adjacent apartment complex may have a parking management
plan with availability for church use.
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Mayor Avery noted the properties are underutilized, activity on 17th Street has improved things,
and the amendment would allow revitalizing of the properties.
The motion carried unanimously.
XIX. CURRENT BUSINESS
14. Coronavirus (COVID-19) Update [100-20211
City Manager Leung and Fire Chief Boyles utilized a presentation to discuss Orange County cases,
County and State status, vaccine points of distribution (POD), doses, vaccinations by Newport Beach
by zip code, and announced that there will be about 1,680 participants in the Junior Lifeguards
Program this summer.
Council Member O'Neill noted zip codes with no reported cases in the past seven days. In response
to his question, City Manager Leung reported outdoor dining is scheduled for Council discussion at
the June 8, 2021 City Council meeting.
XIX. MOTION FOR RECONSIDERATION — None
XX. ADJOURNMENT — Adjourned at 7:15 p.m. in memory of Roger Schwenk
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
May 6, 2021, at 4:00 p.m.
r
Leilani I. Brown
City Clerk
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