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HomeMy WebLinkAbout01 - Minutes - AmendedCity of Newport Beach Study Session and Regular Meeting August 25, 2020 IV. RECESSED — 5:50 p.m. V. RECONVENED AT 6:12 P.M. FOR REGULAR MEETING VI. ROLL CALL September 8, 2020 Agenda Item No. 1 Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon VII. INVOCATION — Dr. Jim Turrell, Center for Spiritual Living Newport Mesa VIII. PLEDGE OF ALLEGIANCE — Mayor O'Neill IX. NOTICE TO THE PUBLIC X. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor O'Neill and Council Member Dixon jointly requested Council consider a future item to oppose Proposition 15. Council Member Herdman: • Reported extensive work over the past few weeks regarding the General Aviation Improvement Program (GAIP) • Attended a Balboa Island Hunt Improvement Association board meeting and learned of its intention to form an assessment district for the completion of undergrounding; the monthly Orange County Mosquito and Vector Control meeting; along with Council Member Dixon, a Board of Supervisors meeting last month regarding GAIP; and a technical departure subcommittee meeting • Chaired the monthly Aviation Committee meeting Council Member Brenner: • Attended the Corona del Mar Residents' Association (CdMRA) board meeting and an Ad Hoc Committee on Short Term Lodging meeting • Met with the solid waste recycling subcommittee along with Mayor O'Neill and Council Member Dixon; Public Works and the Police Department regarding parking strategies for old Corona del Mar; Craig Batley and Scott McFetters; and the Planning Department and Goldenrod residents regarding construction traffic • Shared a flyer announcing a Town Hall meeting for District 6 on August 27, 2020, at 5:30 p.m. to discuss traffic issues in Corona del Mar and noted registration is available at newportbeachca.gov/ district6townhall • Displayed a photo from the groundbreaking ceremony for the Grant Howald Park rehabilitation project and announced information about the project is available at newportbeachca.gov/ granthowaldpark Council Member Dixon: • Requested a future agenda item to consider ways to expand the Newport Beach Municipal Code and code enforcement program to address code violations, including short-term lodging, noise complaints, and a study on Municipal Code citation fees • Announced that Sheriff Barnes held a virtual meeting to discuss cybersecurity • Reported extensive work on aviation, airport, and general aviation issues • Addressed the Board of Supervisors during their August 11, 2020 meeting, along with Council Member Herdman • Attended an Aviation Committee meeting on August 24, 2020 and an Ad Hoc Committee on Short Term Lodging meeting Volume 64 - Page 496 City of Newport Beach Study Session and Regular Meeting August 25, 2020 Council Member Muldoon: • Requested Council consider a future item in support of Proposition 20 Mayor Pro Tem Avery: • Displayed slides to discuss the East Jetty Revetment Project and the Entrance Channel Dredging Project Mayor O'Neill: • Attended the Newport Beach Foundation meeting where Newport -Mesa Unified School District Board Member Barto spoke, the Association of California Cities - Orange County event with Sheriff Barnes, the ribbon cutting ceremony for UC Irvine's new clinic in Newport Beach, and the groundbreaking ceremony for Grant Howald Park • Announced Sheriff Barnes and Police Chief Lewis appeared on Speak Up Newport, Orange County Mayors created a Public Service Announcement (PSA) that will be run through the Occupational Safety and Health Administration (OSHA) and received a mask with the City's logo, school started yesterday, Sherman Gardens' annual soiree will be held on August 29, 2020, and Restaurant Month begins September 1, 2020 • Reported the Housing Element Update Advisory Committee (HEUAC) will meet on September 2, 2020, at 6:00 p.m. XI. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of an emergency ordinance to enforce State guidance on face coverings by administrative citation and implem^rt a "one er-son one se -at" rulfore-t-ah-lisfiments i+'_ ^ ^"k • p bar [Brenner] Mayor Pro Tem Avery, Council Member Brenner, and Council Member Herdman concurred to bring this item back to a future meeting. • Consideration of implementing a "one person one seat" rule for establishments with a walk-up bar [Brenner] Mayor Pro Tem Avery, Council Member Brenner, Council Member Dixon, and Council Member Herdman concurred to bring this item back at a future meeting. XII. PUBLIC COMMENTS ON CONSENT CALENDAR - None XIII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the July 28, 2020 City Council Regular Meeting [100-20201 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. ORDINANCES FOR ADOPTION 3. Ordinance No. 2020-18: Adoption of an Ordinance Amending a Development Agreement for Hoag Memorial Hospital Presbyterian (PA2020-065) (C-7719-1) [38/100-20201 a) Find all significant environmental concerns for the proposed project have been addressed in a previously certified Final Environmental Impact Report (EIR) and Supplemental EIR, and that the City of Newport Beach intends to use said document for the above noted project, and further Volume 64 - Page 497 City of Newport Beach Study Session and Regular Meeting August 25, 2020 Motion by Mayor O'Neill, seconded by Mayor Pro Tem Avery, 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; and b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020-20, An Ordinance of the City Council of the City of Newport Beach, California, Granting the 2020 Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services within the City of Newport Beach to the 15 so named companies, and pass to second reading on September 8, 2020. The motion carried unanimously. 16. Ordinance No. 2020-21: Zoning Code Amendment to Allow Wine Tasting Room Uses within the Industrial Zoning District (PA2020-042) [100-2020] In response to Mayor O'Neill's questions, Community Development Director Jurjis indicated that staff proposed- ;vin_e +„stir„ epAy in order to limit the amendment as much as possible staff proposed wine tasting only, provided a map depicting the 500 -foot exclusion zone, and noted that, to staffs knowledge, no schools are located within the Costa Mesa portion of the exclusion zone. City Attorney Harp advised that the proposed Code amendment cannot be further amended during the meeting to include beer tasting. In response to Council Member Dixon's questions, Community Development Director Jurjis explained that the map shows the buildings where the use would be allowed and this use has not been considered in a General Plan process, noted that Council has considered but not supported an alcohol use in the Industrial Zone in the past, stated that the community has not provided input regarding uses for the area, noted that the Orange County Winery is currently operating as a retail establishment when it should be operating as a manufacturing establishment, related that staff has been aware of Orange County Winery's noncompliance for approximately a year and a half and has suspended an enforcement action pending Council action on the Code amendment, and added that if Council approves the Code amendment, Orange Coast Winery would apply for a Conditional Use Permit (CUP), otherwise, staff will pursue Code enforcement action. Council Member Dixon stated when she visited the site approximately a year and a half ago, the tenant understood he was operating without a permit and was hoping for a favorable disposition from the City. At the time, she recommended leniency while the tenant searched for another location. Community Development Director Jurjis believed the tenant has found a location in Costa Mesa but is awaiting Council's action, stated that this item and alcohol service in the Industrial Zone have not been discussed in the General Plan Update process, and the community has not provided input on the issues, noted that public comment on the item has been supportive, and added that the Police Department has not considered the project. Council Member Dixon indicated she would not support the proposed Code amendment without a study and community input, and recommended Council defer the item until the General Plan committee could review it. Mayor Pro Tem Avery noted that the Orange Coast Winery is located in his district, the business has morphed since it opened, noted that these uses have been successful in industrial zones in other cities, and believed Council should review the use and rezoning. In response to Council Member Brenner's questions, Community Development Director Jurjis related that staff has not conducted any outreach to businesses and residents in the area. Council Member Brenner loved the idea of having eating and drinking establishments within walking distance of homes, but this seems to be a piecemeal approach. She expressed opposition to rewarding people who break laws and defy ordinances, indicated she wanted to see a study of changes to the area that could make it inviting for residents, and did not believe this is the right way to change the zoning for the area. In response to her question, Community Development Director Jurjis advised that the only process is the General Plan Update process due to staff resources. Volume 64 - Page 502 City of Newport Beach Study Session and Regular Meeting August 25, 2020 Amended motion by Council Member Muldoon, seconded by Council Member Duffield, to a) send the matter back to the Planning Commission to review the 500 foot separation from schools and 500 foot separation between properties that have wine tasting rooms and make a recommendation regarding findings for the public benefit for spot zoning within 90 days with staff conducting community outreach; b) suggest staff issue a 90 day special permit to allow the interim use, which the Planning Commission may extend for up to six months if needed; and c) return to the City Council after the conclusion of Planning Commission's review. The amended motion carried unanimously. 17. Resolution No. 2020-76: Appeal of Planning Commission's Decision of an AT&T Small Cell Installation (PA2019-111) [100-20201 Mayor O'Neill recused himself due to business interest conflicts. Council Member Brenner recused herself due to financial interest conflicts. Council Member Muldoon recused himself due to previous business interest conflicts. Mayor Pro Tem Avery described the process for the public hearing. City Attorney Harp noted the Charter requires four affirmative votes to pass any resolution and discussed the consequences of less than four affirmative votes. Senior Planner Zdeba utilized a presentation to provide the background of the project, limitations on the review process, the request, renderings of the existing and proposed light standard, alternative sites, coverage, findings, the appeal, and staffs recommendation. Mayor Pro Tem Avery opened the public hearing. Cory Autrey, representing AT&T, reported he was involved in negotiating the Master License Agreement (MLA) with the City. Emily Murray, attorney for the applicant, reviewed the legal issues raised in the appeal and the applicant's responses, believed the issues have no legal merit, noted that during the Planning Commission hearing, the City Attorney advised the Planning Commission that the issues did not pose any risk to the City, and affirmed that the applicant requests Council deny the appeal. Mark Pollock, representing the appellant, detailed concerns regarding the City's liability that resulted in the appeal, reviewed discrepancies within the document, requested the correction of the permit holder's name to New Cingular Wireless PCS, LLC to ensure the indemnity provisions of the MLA are legal and enforceable, and recommended that the applicant re -submit the application with the proper name and proof of self-insurance for electromagnetic field and pollution coverage. In response to Council Member Dixon's question, City Attorney Harp believed the entity and insurance are proper and Council can make the findings and uphold the Planning Commission's decision. Jim Mosher understood Council could consider issues other than those the appellant raised and discussed Zoning Code and Coastal Implementation Program priorities for locating wireless facilities and the inability of small cell facilities to function from rooftops. An unidentified speaker stated he supports the appeal because of problems with the application and discussed the need for environmental review under the National Environmental Policy Act (NEPA), complaints to the Federal Communications Commission (FCC), and electromagnetic field emissions. Ms. Murray clarified the applicability of NEPA. Mr. Autrey indicated many laws grant AT&T access to public right-of-ways, and small cell technology provides the best coverage when deployed in public right-of-ways. Volume 64 - Page 506