HomeMy WebLinkAbout00 - Non-Agenda Items - CorrespondenceReceived After Agenda Printed
May 13, 2025
Non -Agenda Items
Date: May 8, 2025
To: City Manager Grace K. Leung, Mayor Joe Stapleton, and Newport Beach City Council
Subject: Thoughts on the Farmers Market Discussion
Dear City Council and City Manager Leung,
As a community volunteer and resident of Corona del Mar, and someone who cares deeply
about our community, I wanted to share my perspective on the recent discussions regarding
the Corona del Mar Farmers Market and the transition to a new operator.
I understand there are many strong feelings around this issue, which only shows how much
our community values the market. That said, I'd like to clarify a few points regarding what
Councilwoman Lauren Kleiman shared at the recent Town Hall. Contrary to what has been
suggested, she did not say that vendors had signed contracts with the new operator. Rather,
she said she had been told, though had not yet had the opportunity to verify, that many
vendors planned to stay. She also emphasized that vendors are being invited to remain and
encouraged any who hadn't yet been contacted to reach out to Lauren Wooding, the City
staff member overseeing the RFP process. Her comments reflected a spirit of support and
transparency.
I also want to express my appreciation for how the City handled the farmers market RFP
process. It is good governance to periodically review and update contracts, especially when
they have expired. I appreciate the care, time, and diligence the City put into evaluating
proposals and selecting the operator best suited to serve our community going forward.
While I have enjoyed and supported the farmers market over the years, I recognize that this
was an opportunity to ensure the market continues to thrive under strong leadership. I am
grateful that our City leaders took this responsibility seriously and made a thoughtful
decision with the community's best interest in mind.
Lastly, I truly appreciated Councilwoman Kleiman's call to welcome the new operator with
open arms. That spirit of kindness and community is part of what makes Corona del Mar
such a special place to live. Even when change can feel uncertain, I'm confident that if we
stay focused on collaboration and goodwill, the market, and our community, will continue
to flourish.
Thank you for your continued leadership and commitment to Newport Beach.
Sincerely,
Kelly Galligan
Received After Agenda Printed
May 13, 2025
Non -Agenda Items
From: Becky Phillip
To: City Clerk"s Office; Dent - City Council; Brown. Leilani; Whelan, Melinda
Cc: Kenneth Catanzarite; iimmosher(a)vahoo.com; DrobablvnothrakaCaldslextreme.com
Subject: Objection and Call For Review of the Adoption of Resolution 2025-18 Dated April 30, 2025 (the "Resolution'
Date: May 12, 2025 4:41:52 PM
Attachments: imaae001.Dna
250512 Objection to Resolution 2025-18.PDF
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To Whom it May Concern,
Pursuant to the City of Newport Beach's Agendas & Minutes page of their website, attached please
find correspondence from Mr. Catanzarite dated today, May 12, 2025, which contains written
comments in advance of the City Council meeting set for tomorrow, May 13, 2025 at 5:00 p.m.
Should you have any issues opening or viewing the attachment, please advise.
Thank you.
Very truly yours,
Becky Phillips
Executive Legal Assistant
Catanzarite Law Corporation
2331 West Lincoln Avenue
Anaheim, CA 92801
Direct Dial: (714) 678-2108
Direct Fax: (714) 399-0589
Office Phone: (714) 520-5544
Office Fax: (714) 520-0680
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CATANZARITE LAW CORPORATION
KENNETH J. CATANZARTTE ATTORNEYS & COUNSELORS AT LAw
ATTORNEY AT LAW 2331 WEST LINCOLN AVENUE
DIRECT DIAL: ANAHEIM, CALIFORNIA 9280 1
(714) 678-2100 (7 1 4) 520-5544
FACSIMILE: (71 4) 520-0680
May 12, 2025
Via Email:
Leilani I. Brown, City Clerk
City of Newport Beach
100 Civic Center Drive, Bay E, 21''D Floor
Newport Beach, CA 92660
cityclerk(a�newportbeachca.gov
citycouncil( )newportbeachca.,ov
E-MAIL ADDRESS:
KCATANZARf rE@CATANZAR(rE. COM
DIRECT FAX:
(714) 399-0577
Re: Objection and Call For Review of the Adoption of Resolution 2025-18 Dated
April 30, 2025 (the "Resolution")
Following April 29, 2025 Appeal of: Five Crowns Temporary Outdoor
Dining (PA2023-02020) Limited Term Permit (>90 Days) Coastal
Development Permit Planning Commission December 5, 2024 (1) Finding the
project exempt from CEQUA under Class 1 and (2) Adopt Resolution No.
PC2-24-27 denying the Appeal by Kenneth J. and Kim Catanzarite and
upholding and affirming the Zoning Administrator's Approval of a Limited
Term Permit for temporary outdoor dining filed as PA2023-0202
(Attachment No. PC 1).
TO THE CITY COUNCIL, MAYOR AND CLERK OF THE CITY OF NEWPORT
BEACH
Dear City Council Members, Mayor and City Clerk:
Appellants Ken and Kim Catanzarite hereby object to and Call for Review of the
Resolution signed contrary to law and the admissible evidence presented at the April 29, 2025
City Council Meeting, without opportunity to object to among other things the removal of agreed
upon and prior conditioned mitigation measures imposed by the Zoning Administrator including
without limitation eliminating the sound wall, failing to provide revised Hazel gate, failing to
require screening from 352 Hazels's front patio, RK Engineering Inc.'s decibel at source
limitations as well as placement of sound source, increased hours of operation beyond 9 pm
Monday through Thursday to 10 pm and Saturday, Sundays and holidays until 11 pm (time
modifications were over Appellant's objection by Planning Commission), not limiting the
number of large events to 4 per month and generally putting the burden on the residents to file
serial objections to what are sure to follow, a continuous stream of operating violations. City
Council did its level best it appears to "stick it" to Appellant and his/her/their neighbors without
justification.
City of Newport Beach
May 12, 2025
Page 2
Remarkably City Council approves a so called Temporary Permit project whereby the
Five Crowns engineer RK Engineering, Inc. ("RKE") stated in its report that without mitigation
described in detail in its report as well as with at the source decibel limitations its operations
would not comply with the NBMC Chapter 10.26 and Sections 10.26.25 and 10.25.30. Recall as
well that Appellant's expert impeached RKE's report which it failed to rebut, a matter ignored by
both Planning Commission and City Council, in other words there was no effort to rationalize the
differences as each hurried to a conclusion that both had reached prejudicially prior to hearing the
Appellant's case.
The Planning Commission and City Council also acted contrary to NBMC 20.64.030
when they proceeded to, themselves as witnesses testify to facts not in the record, demonstrated
bias and prejudice by attacks on Appellant, disregarded unrefuted evidence and analysis, and
without authority removed conditions beneficial to Appellant without them agreeing to do so, all
in a manner and with the objective of worsening Appellant's position and preferring Five
Crowns, contrary to law and its own code. The Newport Beach Municipal Code provides:
20.64.030 Filing and Processing of Appeals and Calls for Review.
C. Report, Scheduling, Noticing, and Conduct of Hearing.
3. Conduct of Hearing.
c. The review authority shall hear testimony of the appellant, if any, the
applicant, and any other interested party.
Appellants Call for Review: both members of the Planning Commission and City Council
presented testimony of their own experiences and observations that was not in the record after
the public hearing was closed precluding any ability to question the basis therefor and
demonstrating abject bias and prejudice to Appellants.
d. The review authority shall consider the same application, plans, and
project -related materials that were the subject of the original decision, unless
otherwise deemed relevant by the review authority.
Appellants Call for Review: both members of the Planning Commission and City Council
disregarded the Five Crowns proposed hours of operation and limited number of large events as
well as eliminating the sound wall and other sound and light mitigation improvements required
by RKE to comply with the sound ordinance as established and agreed to by Five Crowns and
upon which the Permit was granted by the Zoning Administrator. This process forced
enforcement onto the residential owners who objected after testimony that Police would not
respond to complaints and Code Enforcement likewise was unresponsive forcing long waits to
address complaint. Enforcement was shifted entirely to the adversely impacted neighbors.
H
City of Newport Beach
May 12, 2025
Page 3
D. Decision on Appeal or Call for Review.
1. As provided in this Zoning Code, the review authority may, based upon
findings of fact about the particular case:
a. Affirm, affirm in part, or reverse in whole or in part the action, determination,
or decision that is the subject of the appeal or call for review. Adopted findings
shall identify the reasons for the action;
Appellants Call for Review: the adopted findings now contradict what is approved
without a single fact justifying such material changes, other than the inadmissible testimony of
members of the Planning Commission and City Council - that simply confirming bias and
prejudice. Read consistently with b. and c. below, unless Appellant requests or waives a
condition to their benefit Planning Commission and City Council cannot remove the condition
such as they have done in this case..
b. Adopt additional conditions of approval to address issues or concerns raised
during the hearing; or
Appellants Call for Review: Appellant asked for additional conditions if the Permit was
to be approved including neutral monitoring and further mitigation based upon the refuted RKE
sound study which ignored crowd noise and cherry picked placement of the sound source where
it was not historically placed to falsely demonstrate compliance at less than 55 DBA until 10 pm
and then 50 DBA after 10 pm. As above none of the conditions proposed by Appellant were even
considered.
c. Deny the permit approved by the previous review authority, even where the
appellant, if any, only requested a change or elimination of one or more conditions
of approval.
Appellants Call for Review: Appellant not only did not change or eliminate any of the
Conditions but Planning Commission and City Council without any factual record and even
contrary to the impeached RKE report extended operating hours and allowed unlimited events to
extend beyond hours of any reasonable use where residential properties are adjacent.
2. If new or different evidence is presented on appeal or review, the
Commission or City Council may refer the matter to the previous review authority
for further consideration.
Appellants Call for Review: Appellant presented additional evidence that the two
purported comparable restaurants used in an attempt to justify rather manufacture facts, namely
El Cholo and Bungalow in fact are not comparable, have no adjacent residences and are not
permitted to have amplified sound.
City of Newport Beach
May 12, 2025
Page 4
Appellant respectfully preserves all of his/her/their rights and remedies and failure to
mention anything in the prior Appellants record are all positions that are expressly reserved
hereby with no waiver intended.
In conclusion, Appellants Call for the review of the Resolution's adoption with a properly
noticed public hearing before a disinterested City Council membership and that the Resolution
pending such review be formally withdrawn and the Permit remaining in unapproved status.
Respectfully submitted.
Very truly yours,
CATANZARITE LAW CORPORATION
For
Received After Agenda Printed
May 13, 2025
Non -Agenda Items
From: Nunc Fi
To: City Clerk"s Office
Subject: Public comment
Date: May 12, 2025 5:02:27 PM
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To whom it may concern, a friend of mine who lives at Eight 80 Newport asked me to write
this email on their behalf. (Apparently, emailed comments have to be in by 5 today but they
can't get to the library to do that.) This comment is a summary of things I have heard and
things I witnessed at Eight 80 Newport I and Eight 80 Newport II. Their address is 880 Irvine
Ave, Newport Beach Ca 92663. The property is managed by Charles Grindrod.
I have serious concerns after hearing about and seeing the stuff that goes on in there. I've been
there myself numerous times over the past 7 months and it does not seem anything close to
safe. I have not been there a single time that at least half the security gates were not broken.
(This includes parking garage gates.) I have also never been there and not seen ongoing police
presence that was obviously more than regular patrol. It's fair to say there is a ton of crime
there and much of it looks like caused by residents or guests brought in by residents (As
opposed to outside intruders.)
The first thing any visitor will notice is a general appearance of disorder and chaos. Loud
noise early in the morning and late into the night. Fights, disturbances and the sound of glass
being thrown are just some of the things I observed while there. Dog feces everywhere
including the gated pool area.
During a time of almost 7 months, beginning in early October of last year through Easter of
this year, I was doing a lot of research on this property because my friend was being sued and
needed help with organizing paperwork. (I'm not a lawyer but did send a bunch of messages
to the attorneys who represent this property on behalf of my friend whenever she needed to
"serve" responses and other paperwork on them).
Here is what I found through public records. The names UDR Eight 80 I and UDR Eight 80 II
are not on file with the City of Newport Beach, but those are the names they file lawsuits
under. I found 2 public websites, Trellis and Unicourt that publish online when lawsuits are
filed. I discovered over 300 Unlawful Detainers initiated by UDR Eight 80 I and II and they
were all filed by Brisco and Associates, whose address is 2200 West Orangewood Avenue,
92680. My research shows that 9 out of 10 cases were substitute service and disposed of by a
clerks default. I also saw that in all these cases, this law firm's attorneys verified (swore to the
facts) on the UD Complaints. The Declarations filed by the attorneys state the attorney had no
personal knowledge of any facts, but the client (UDR Eight 80) could not be found in the
County of Orange. The Declarations also said UDR Eight 80 I and II are Delaware
Corporations and this was the reason their lawyers had to do Verifications. The lawyers offer
to be witnesses as to the accusations, which is illegal in California. I can also confirm Eight 80
Newport has a physical office at the property staffed by UDR employees. UDR stands for
United Dominion Realty and is the real owner of Eight 80 Newport Phase I and Phase II. The
employees on site have emails with the UDR domain and wear tshirts with the UDR logo.
Most tenants apparently don't fight the case when they get sued, but they should. If they did, it
would most likely result in a Dismissal like it did my friend.
On May 28th there is a court case in San Bernandino County where this property is asking a
judge to approve a Class Action settlement where SoCal tenants sued UDR for charging
excessive late fees. Any current or former tenant who wants to testify about UDR will be
allowed to do that.
Received after Agenda Printed
May 13, 2025
Non -Agenda Items
From: Garrett, Errica
Sent: May 09, 2025 3:56 PM
To: City Clerk's Office
Subject: FW: Don't build
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
� In
From: Shuka Rassouli <sr@wriassoc.com>
Sent: May 09, 2025 3:38 PM
To: Dept - City Council<CitVCouncil@newportbeachca.gov>
Subject: Don't build
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safe. Report phish using the Phish Alert Button above.
Dear Sir or Madam
Please do not build units around Fashion Island - Keep Big Newport movie theater (pka
Edwards) i.e., Regal. It is a favorite and landmark to locals - itjust needs some freshening
up inside to return to its former glory.
Thank you in advance.
Regards,
Shuka Rassouli, Esq.
Wayne R. Johnson & Associates, PLC
23 Corporate Plaza Drive, Suite 150 (Main)
Newport Beach, CA 92660
9465 Wilshire Blvd., Suite 300 (New)
Beverly Hills, CA 90212
Telephone: (310) 693-6949
Facsimile: (323) 417-4791
Email: srC60wrjassoc.com
Received After Agenda Printed
May 13, 2025
Non -Agenda Items
From: Garrett, Errica
Sent: May 09, 2025 2:08 PM
To: City Clerk's Office
Subject: FW: Don't build units around Fashion Island d
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
� In
From: KHOSROW MAHDAVI <kmandavimd@aol.com>
Sent: May 09, 2025 2:08 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Don't build units around Fashion Island d
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
Please dont build units around Fashion Island - Keep Big Newport movie theater (pka
Edwards) i.e., Regal. It is a favorite and landmark to locals - it just needs some freshening up
inside to return to its former glory.
Thank you!
—Khosrow
Sent from my iPhone
Received After Agenda Printed
May 13, 2025
Non -Agenda Items
From: Garrett, Errica
Sent: May 09, 2025 10:46 AM
To: City Clerk's Office
Subject: FW: Don't build units around Fashion Island
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
� In
From: Bahram Mandavi <bahram.mandavi@gmail.com>
Sent: May 09, 2025 10:15 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Don't build units around Fashion Island
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
Please dont build units around Fashion Island - Keep Big Newport movie theater (pka
Edwards) i.e., Regal. It is a favorite and landmark to locals - itjust needs some freshening
up inside to return to its former glory.
Thankyou!
-Bahram
Sent from my iPhone
Received After Agenda Printed
May 13, 2025
Non -Agenda Items
From: Garrett, Errica
Sent: May 09, 2025 10:46 AM
To: City Clerk's Office
Subject: FW: Don't build units around Fashion Island
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
� In
From: Fahimeh Mandavi <fahimeh.f.mandavi@gmail.com>
Sent: May 09, 2025 10:15 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Don't build units around Fashion Island
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
Please dont build units around Fashion Island - Keep Big Newport movie theater (pka
Edwards) i.e., Regal. It is a a favorite and landmark to locals - it just needs some
freshening up inside to return to its former glory.
Thankyou!
-Fahimeh
From: Garrett, Errica
Sent: May 09, 2025 10:46 AM
To: City Clerk's Office
Subject: FW: Don't build units around Fashion Island
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
� In
From: A. Armanis321 <armanis321@yahoo.com>
Sent: May 09, 2025 10:11 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Don't build units around Fashion Island
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
Please dont build units around Fashion Island - Keep Big Newport movie theater (pka Edwards) i.e.,
Regal. It is a a favorite and landmark to locals - it just needs some freshening up inside to return to its
former glory.
Thank you!
—Armanis
From: Garrett, Errica
Sent: May 09, 2025 10:46 AM
To: City Clerk's Office
Subject: FW: Don't build units around Fashion Island
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
� In
From: Bahram Mandavi <b_f_mandavi@yahoo.com>
Sent: May 09, 2025 10:09 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Don't build units around Fashion Island
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
Please dont build units around Fashion Island - Keep Big Newport movie theater (pka Edwards) i.e.,
Regal. It is a a favorite and landmark to locals - it just needs some freshening up inside to return to its
former glory.
Thank you!
-BFM
From: Garrett, Errica
Sent: May 12, 2025 7:34 AM
To: City Clerk's Office
Subject: FW: Don't build units around Fashion Island
Errica Garrett
Administrative Assistant to the Mayor and City Council City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
-----Original Message -----
From: Bahman Mandavi <bahman.f.mandavi@gmail.com>
Sent: May 10, 2025 11:07 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Don't build units around Fashion Island
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe. Report phish using the Phish Alert Button above.
Hello,
Please don't build housing units around fashion island and please keep the Regal Big Newport Cinemas.
They are a landmark and wonderful venue.
Thanks,
Bahman