HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach
City Council Meeting
October 25, 2022
November 15, 2022
Agenda Item No. 1
enforcement requires witnessing the action and thought the next best step is to increase dialogue
with the operator. City Attorney Harp indicated that the property is a City -permitted facility that
is required to follow rules and regulations and has an obligation to prevent smoke from impacting
other residents. Julie Thorne, Sierra by the Sea Director of Quality and Compliance, noted they
have two houses on Patrice Road, smoking is allowed across the street against the Hoag Hospital
wall, and designated smoking is on the front patio with a limit of no more than two smokers at a
time. She offered to give Ms. Martin her number to address future issues, and shared logistical
changes to redirect smokers to the backside of the house, and relayed no other complaints received,
trash being contained with no issues received, weekly safety walk-through visits, and reported there
is an on -site supervisor 24 hours per day.
In response to Council Member Dixon's questions, Community Development Director Jurjis relayed
that an additional condition cannot be added and the action tonight is that the operator has
demonstrated good faith compliance. Council Member Dixon expressed concern for a report that
does not include complaints when complaints are made. Community Development Director Jurjis
reminded Council that this is a receive and file item and Coun&l can accept the report or provide
direction to staff to work diligently with the operator and ensure responsive Code Enforcement.
Council Member Dixon encouraged residents to call Code Enforcement with issues so the data is
collected.
Motion by Council Member Dixon to a) Ad this revie exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15321 (Enforcement Actions by Regulatory
Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because this review enforces an entitlement for use adopted by the City and has no potential to have
a significant effect on the environment; b) find that Sierra by the Sea has demonstrated good faith
compliance with the terms of the Zoning Implementation and Public Benefit Agreement; c) receive
and file documents submitted by Sierra by the Sea to demonstrate good faith compliance with the
terms of the Zoning Implementation A Publ' Benefit Agreement; and d) direct staff to work
diligently with the operator and ensur� Code Elorcement is responsive to resident complaints.
Council Member Avery indicated that he Ifuld be voting "no" on this item.
Council Member Dixon withdrew herm tion.
In response to Council Member Brenner's questions, City Attorney Harp relayed that the City has
to make a finding of whether the operator is in good faith compliance or not in order to take action
and, if no findings are made, the City could go down a revocation path or continue the item.
Motion by Mayor Muldoon, seconded by Council Member Dixon, to continue the matter until
the November 29, 2022 City Council meeting.
Mayor Muldoon opened the public hearing.
Jeff Roberts commended Police Chief Lewis and thanked Council, noted concerns for facilities on
Orchard Avenue and a call to the police for public safety, sought a safe haven community, and
encouraged Council to avoid allowing these types of facilities in residential neighborhoods.
Jane Spitz expressed safety concerns that an unlicensed facility will be established next door to her
and wondered why the City is not taking action against unlicensed facilities.
Lindsey Dickhout stated she lives next to an unlicensed facility and described an incident at the
facility that involved police which led to her children being fearful. She stated that she is a supporter
of mental health through Project Happiness, does not understand how the City is allowing
unlicensed facilities, and relayed trust that Council has the best interest of the community in mind.
Volume 65 - Page 426