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HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach Study Session and Regular Meeting November 19, 2019 December 10, 2019 Agenda Item No. 1 In response to Council questions, staff discussed the cost for a business license, the benefits to the City of using an answering service to field issues and collect data, how reasonableness is used relative to whether to issue citations, the number of current and grandfathered permits in the City, the reason for suggesting allowing STL in mixed-use zones, stated the Code Enforcement Division is more reactive than proactive, reviewed the number of calls received throughout the year and the cost of the proposed full-time position, confirmed that the ordinance will include clear noise regulations, and reviewed the work of Host Compliance. Council Member Avery expressed the importance of making the regulations clear to the tenants and for the property owners who are not managing their properties, emphasized that responsibility lies with the property owners, expressed concern relative to enforcement, and noted that permits could be suspended or revoked with the proposed changes. Mayor Pro Tem O'Neill believed people are more likely to call the answering service than Code Enforcement or the Police Department, suggested that a database of contact information be provided te--�, expressed concerns relative to the cost and whether to allow STL in the mixed- use zone, and suggested using "Overnight Occupancy Limit" on the exterior sign. Council Member Herdman noted that several cities do not allow STLs, the proposed changes tighten the regulations in order to protect the quality of life for those around the STLs, discussed that there haves been requests to allow STL in the mixed-use zone, confirmed the regulations can be amended in the future, and pointed out what the total cost for an STL permit could eestbe. Council Member Duffield thanked the committee and staff, discussed issues with enforcement he experiences in another state, and emphasized the City is not trying to stop or eliminate STLs, but is trying to manage it better. Mayor Dixon discussed the impacts of STL on the community, emphasized the need to maintain the quality of life in the neighborhoods, and expressed concerns with allowing STL in the mixed- use zone. Craig Batley stated he does not support allowing STL in the mixed-use zone, noted the difference between active and inactive STL permits, expressed concerns about the signage, suggested listing occupancy limits online, believed the City's quote for the answering service is high, and commended the City for being the best city at managing STLs. Nancy Gardner commended the committee and staff for all their work, but believed the suggested maximum number of STLs should be reduced since the City needs to account for over 4,800 units per the Regional Housing Needs Assessment (RHNA) and STLs cannot be used toward this count. Tim Stoaks believed the answering service should call the person back who complained to see if the issue has been resolved and received confirmation that the STL permit can stay with the property but is not transferrable. Jim Mosher noted that some STL permits may be eliminated because they currently do not have parking and asked if the committee considered any other formula to determine the number of needed parking spaces. Carmen Rawson believed the property owner, not the operator, should be contacted, asked how many units are managedby a property owner vs. a property management company, suggested that the contact person be located at a reasonable distance to the property, and took issue with what some property owners consider as a bedroom. Scott McFetters discussed parking and bedroom count issues with STLs on Newport Island and believed they should not be allowed. Volume 64 - Page 248 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Motion by Mavor Pro Tem O'Neill, seconded by Council Member Avery, to approve the Consent Calendar, with the continuance of Ordinance No. 2019-20 (Item 3); and noting the amendments to Item 1. With Council Member Muldoon absent, tT-he motion carried unanimauslg. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS XVIII. Mike Glenn discussed why he has not been attending City Council meetings, but pledged to be active in the community from this day forward. Ryan Reza Farsai expressed concern with how the City is spending its money, particularly that Grant Howald Park restrooms did not have paper towels in the restroom even though it will be going through a renovation. 24. Central Library Lecture Hall Building Design - Approval of Professional Services Agreement (19F11) (C-7444-2) [38/100-2019] Deputy Public Works Director Houlihan and Senior Civil Engineer Tauscher utilized a presentation to display the proposed location, discuss the Library Lecture Hall Design Committee (LLHDC), the public meetings, the design consultant selection process, proposed schedule and budget, and staff recommendations. Mayor Pro Tem O'Neill noted a suggestion by Larry Tucker during Study Session and suggested that, by the conclusion of Phase 1, a Memorandum of Understanding (MOU) between the City and the Newport Beach Library Foundation (Foundation) is executed to make it clear that the City will not expend funds for Phases 2 and 3 without knowing if private funding will be used and to let the private donors know of the City's commitment. He indicated that a City Council ad hoc committee can assist with the MOU. With the exception of Council Members Muldoon and Duffield, the majority of Council agreed that Mayor Pro Tem O'Neill's suggestion about the MOU should be added to the motion. Barbara Glabman, r —Board of Library Trustees member, believed the facility would be more than just a lecture hall, but a community gathering center, assured there will be private funding and the City would still own the facility, noted this type of partnership was how the Central Library was built, announced that over 72,000 people have attended the more than 200 events that the library has hosted, and pointed out that the programs were completely funded by the Foundation and Friends of the Newport Beach Library (Friends). Elizabeth Stahr stated she and her husband raised the money to build the Central Library, noted the library is always full, believed the City deserves a better and bigger facility to hold lectures, and indicated other community groups are interested in using it. Lizanne Witte discussed the benefits of the library, believed the City should nurture and help it flourish, indicated the public always suggests speakers and topics to have at the library, and expressed the opinion that a lecture hall in the City is long overdue. Karen Clark, Vice President of the Foundation and former Board of Library Trustees member, pointed out that the Friends and Foundation provide all the programming to the library at no cost to taxpayers and will do the same for the lecture hall, and discussed how the lecture hall could be well utilized by the City, organizations, and businesses. Volume 64 - Page 255 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Liam Ganion, Corona del Mar High School student, discussed the importance of the library to him, stated he would like to see his little sister have more resources than him, expressed support for the lecture hall, and believed the local students utilize the library a great deal and want it to expand. Mike Glenn discussed the amount of debt the City has and asked that this be taken into consideration. Toby Larson, Foundation Board of Directors, took issue with the suggestion to hold the library events at other non -library sites, emphasizing that library events are intended to bring people to the library not away from it, and requested Council's support for placing the lecture hall on the library campus. Paul Watkins, Vice Chair of the Board of Library Trustees, listed several of the authors who have spoken at the library over the past 23 years during the Witte Lecture Series, took issue with possibly considering asking those speakers to hold their lectures off campus, requested Council's support for creating the lecture hall on the library campus, and noted the lecture hall will be functional and efficient without losing any parking spots. Karen Evarts, former Library Board of Trustees member (10 1), noted the vote to build the library was unanimous, commended the expansion but believed the Friends bookstore is too small, and encouraged Council to support the lecture hall. Peter Keller, President of Bowers Museum, commended the Witte Lecture Series speakers but believed they do not have the proper facility to provide their lectures, suggested that the City have a lecture hall, and agreed with the LLHDC's selection of Robert Coffee Architect and Associates. Walter Stahr, author, noted authors love going to libraries, gave the Friends Room a B -/C+ as a venue ase, discussed issues with the Friends Room, believed having a lecture hall is essential to building on the success the library has had, and expressed support for the proposed location. Jim Mosher expressed reasons why he is disappointed with the presentation and staff report, and believed some imagine what is being described is an auditorium, not a lecture hall. Steve Rosansky, President of the Newport Beach Chamber of Commerce, stated that the Chamber board of directors unanimously voted to support moving forward with the lecture hall concept and design, indicated there has been interest from the business community to rent the lecture hall, believed this could generate revenue, indicated this issue reminds him of when he dealt with Newport Coast Community Center while on the City Council, and believed the lecture hall will be well used, become a gathering place, and will help make the City a community. Larry Tucker refuted statements made by Bob McCaffrey in letters and news articles. Bob McCaffrey expressed concern with the amount of debt the City is in due to the Civic Center and Park and with pension costs, noted Council received opposition emails, believed the City can spend the $8 million on more needed things, noted he is not opposed to the lecture hall just with using taxpayer money to build it, and suggested the Foundation raise 100% of the money. Jill Johnson -Tucker, Chair of LLHDC and former -=Board of Library Trustees member, reiterated that over 70,000 people attended library programs, took issue that the opposition emails were form emails based on misinformation, clarified that the City's share would be $4 million, not $8 million since the other half will come from fundraising, noted that six peer libraries in the state already have lecture halls without requiring private funding, believed it would be fiscally responsible to support this effort, and indicated they are ready and already have over $1 million. Council Member Muldoon stated that he has heard from residents who are concerned about the City's spending, so indicated he will be respectfully voting no on this. Volume 64 - Page 256 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Council Member Muldoon recused himself due to potential business interest conflicts. Deputy Public Works Director Houlihan, Senior Civil Engineer Tran, Associate Planner Crager, and Recreation and Senior Services Director Detweiler utilized a presentation to provide the project background and update, discuss the proposed improvements, review the conceptual designs for the pedestrian bridge options, the parking lot, and three options for the recreation area, discuss the public outreach and feedback, how Sunset Ridge Park is used, and highlight the environmental review, mitigation measures, public comments, exemptions from the Zoning Code, Local Coastal Program (LCP) compliance, the preliminary cost estimate and schedule, and recommendations. In response to Council questions, staff noted that the California Coastal Commission (CCC) denied providing access to the road that would lead to parking, so the park was built without a parking lot, reviewed the distance to the closest building at Villa Balboa, explained the funding and grants, stated the only dog park in the City is at the Civic Center and the neighbors have not complained about it, reported that the Parks, Beaches and Recreation Commission (PB&R) supports using this location for a dog park, reviewed the Civic Center Park's cleaning schedule, and confirmed dogs are allowed at City parks as long as they are on a leash. Council Member Avery indicated the City should have a contingency plan in the event it is wrong about the noise levels at the dog park, but believed the neighbors will not be greatly impacted by noise. (S4�. Mayor Dixon opened the public hearing. Laird Hayes, PB&R Commissioner, stated he was on the ad hoc committee that reviewed potential sites for a dog park, expressed support for placing it at Sunset View Park, and discussed noise issues that have been corrected. Josef Szigeti, realtor, expressed concerns related to odor, noise, and safety at the dog park, believed the park is not big enough to accommodate that use, and suggested keeping the grass area. Mike Glenn believed the City should not blame the CCC for building a park with no parking, the dog park is being presented as an alternative to dog beach, and removing the dog park in the future will be harder than constructing it. Doug Tamkin, Villa Balboa resident, utilized a presentation to discuss sound levels, refraction of wind, and temperature inversion, and believed Villa Balboa residents will hear dogs barking. Wendy Kaiser, Villa Balboa resident, expressed concerns regarding noise, noted the park is near Hoag Hospital's quiet zone, believed the dog park would ruin the area's tranquility, discussed the importance of the earthen mound, expressed support for Alternative 3, and suggested working with the CCC on the parking issue. Sandyi Frizzell, Villa Balboa resident, stated she lives closest to the proposed dog park, expressed concerns regarding noise, noted the earthen mound cannot be replaced once it is removed, and requested that Council find another place for the dog park. Susan Wenzel displayed a video relaying Handsome Bob and Daisy's support for the dog park. Carolyn Middlebrooks, Villa Balboa resident, stated she and other residents visited the Civic Center dog park and found the noise and smell offensive, believed this location is not a good fit, and indicated she even hears noise from Balboa Coves. Deborah Gero, Villa Balboa resident, displayed slides to show how the current site is utilized, noted they already get a lot of street noise, expressed support for Alternative 3, expressed concern that a dog park would be welcoming for the homeless, emphasized that safety is the priority, and stated she supports adding parking and buildinig the pedestrian bridge. Volume 64 - Page 258 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Bruce Bartram expressed concern that the pedestrian bridge would change the scenic vista of the current view and believed a full Environmental Impact Report (EIR) should have been done, not just a Mitigated Negative Declaration (MND). Sharon Boles, Newport Crest resident, expressed opposition to the dog park proposal, but support for the parking lot, pedestrian bridge, and landscaping proposals. Andy Keller, Villa Balboa resident, stated he moved to Newport Beach because of the views at Sunset View Park and believed placing a dog park there does not make sense. Terry Kristiansen, Villa Balboa resident, expressed concern that people using the park will enter Villa Balboa property and disrupt their serenity, and suggested placing the dog park somewhere else. Ed Marthaller, Villa Balboa resident, stated he loves dogs, but opposes placing a dog park near residents that are not allowed to have dogs, and expressed support for Alternative 3. Mark Wilser, Villa Balboa resident, displayed aerials of dog parks at the Civic Center, Beverly Hills, and Maryland, compared the Sunset View Park dog park with the Civic Center and Beverly Hills dog parks, reviewed the survey he conducted about the dog park, and expressed support for Alternative 3. Keira Kirby, Newport Heights, expressed support for the dog park, believed it would be appreciated and used, and the park is on City property and should be accessible to all citizens. Cheryl Menison, Villa Balboa resident, stated she is a health care provider and oftentimes goes to bed in the morning, expressed concern relative to dog and vehicle noise, and asked when dogs became more important than people. Gloria Miller, Villa Balboa resident, stated she is a health care provider, believed Sunset View Park is not a good location for a dog park since it is close to a road, and expressed concern that having dogs in that area would invite coyotes at all hours. Marni Tucker, Villa Balboa resident, stated she has four dogs, but does not support placing a dog park at Sunset View Park, and requested that Council leave the park as is. Gina Rios, Villa Balboa resident, stated the current environment is serene and tranquil, believed a dog park does not fit with the surrounding community and should be placed elsewhere that is safer, and expressed the opinion the dog park would become a source of future complaints and environmental issues. Judy Shuster, Villa Balboa resident, indicated the proposed size of the dog park is only 20% of the size recommended by the Humane Society and believed a destination dog park would eliminate their right to live peacefully. Dave Lucado, Villa Balboa resident, stated he lives on the first floor, the wall that separates his patio from the dog park is very low, expressed concerns for his children if a dog j umps his wall, and suggested that Council approve Alternative 3 since a dog park could attract the homeless and increase traffic. Mr. Parthiban, Villa Balboa resident, stated he bought his property because of the views and serenity, and requested that Council oppose constructing a dog park. Suresh Parikh, Villa Balboa resident, stated he moved there due to the views, took issue that the earthen mound would be removed if a dog park was constructed; expressed concern for his property value, and suggested that Council approve Alternative 3. Robert Bone, Villa Balboa resident, believed a dog park would not add to the City's natural beauty and ambiance, and recommended choosing Alternative 3. Volume 64 - Page 259 City of Newport Beach Study Session and Regular Meeting November 19, 2019 Renu Parthiban stated she bought in Villa Balboa because of the views, expressed concerns relative to privacy, noise and odor, and requested Council not approve the dog park. Michael Call, Villa Balboa resident, expressed support for Alternative 3, discussed how the area is currently being used, and expressed concern that all those uses will be eliminated if the earthen mound is removed. David Schnitzer expressed support for placing a dog park at Sunset View Park and believed the concerns mentioned are overblown and that the City needs more places for dogs. Ms. Seppi, Villa Balboa resident, stated she is a health care provider, works late nights, and moved to Villa Balboa because of the serenity, views, and sense of community, and asked that the area be kept open for everyone and not just for people with dogs. Sherry Coampagnoni, Villa Balboa resident, expressed concern for removing the earthen mound because it acts as a sound barrier from Pacific Coast Highway and believed people will spill into the Villa Balboa community. Chris Nelson agreed with selecting Alternative 3, even though the City needs more locations for dogs. David Tanner agreed with the objective to use the park, but stated he is not convinced the project will achieve its objectives, believed the parking lot will be used more for beach visitors than park users, and provided his recommendations. Philip Thompson asked Council to consider placing a dog park on the Banning Ranch site and discussed noise at dog parks. Jack Rose, Ebb Tide resident and Newport Crest property owner, questioned whether the City should spend money for the pedestrian bridge, took issue that no one from organized sports is in attendance to support the bridge, questioned how many people use Sunset Ridge Park, and asked why a pedestrian bridge is not being proposed over Pacific Coast Highway. Jim Mosher questioned the City Council working group, noted what people consider an impact on views is subjective, expressed concern that drivers will see a retaining wall with this project, believed some of the dog park concerns are overblown, but agreed that the area that is uniquely valuable to people should be reserved for people, not dogs, noted the Newport Beach Municipal Code currently does not allow dogs off leashes in parks, a dog park has been approved at Newport Crossings, and expressed support for Alternative 3 because it is most in harmony with the General Plan. Jim Kaiser, Villa Balboa resident, expressed support for the pedestrian bridge, but not the dog park. Hearing no further testimony, Mayor Dixon closed the public hearing. At Mayor Dixon's request, City Manager Leung discussed the number of emails and correspondence received in support or opposition to the dog park. Council Member Avery thanked everyone for attending the meeting, believed the residents who are going to be most impacted by Council's decision should be given more weight, but emphasized that Sunset View Park is City land and belongs to the public, and indicated that Council wants to support PB&R's decision, but stated he will now support Alternative 3 after hearing all the testimony. Council Member Brenner reported she walked the site today with staff and Council Member Herdman, stated she does not think the impact would be as drastic as discussed, indicated that after standing on the earthen mound and seeing the spectacular view, she cannot support eliminating it completely, and stated she will also support Alternative 3 as the compromise that allows everyone to use the park. Volume 64 - Page 260