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City Council Minutes
Study Session and Regular Meeting
June 24, 2014
ROLL CALL - 4:00 p.m.
Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
STUDY SESSION
SSl. Clarification of Items on the Consent Calendar
Regarding Item 8 (Professional Services Agreement with William B. Conners for Newport Beach
Municipal Code Title 20 and Other Hearings), Council Member Gardner noted that the candidate
is from Pebble Beach and asked whether there are local candidates.
City Manager Kiff reported that the process is done through a Request for Proposal (RFP) and the
candidate travels throughout the State, but understood that the City does not pay for travel
expenses but will verify this.
SS2. Water Taxi Service [100 -20141
Harbor Resources Manager Miller introduced the item and deferred to Harbor Commissioner West
for a report.
Harbor Commissioner West provided a PowerPoint presentation addressing the Mayor's
assignment to assess the feasibility of a water taxi service in Newport Harbor on a pilot basis. He
provided information regarding the Subcommittee, its objective, prior public meetings, community
input and public comments, the fact - finding process, principal conclusions, the conceptual water
bus route, and the Fort Lauderdale Water Taxi service.
Discussion followed regarding other tour companies providing service in Fort Lauderdale and
subsidizing tour companies that compete with existing tour and rental companies.
Commissioner West discussed the Marina del Rey Water Bus.
Council Member Petros reported that the County is in the process of redeveloping Marina del Rey
and asked whether the water bus is incorporated into the redevelopment plans. Commissioner
West reported that it is and in response to Council Member Gardner's question, reported that he
does not know what the loop time is but they charge a $1.00 one -way fare and that patrons must
be going to a specific destination on the route.
Commissioner West continued with the presentation and compared the Marina del Rey Water Bus
with a potential service in Newport Harbor. He also addressed next steps.
Discussion followed regarding the level and types of vessels in Marina del Rey Harbor.
Harbor Commissioner Stapleton commented on changing technologies and addressed his research
with existing applications, such as Uber and Lyft, noting that neither is interested in this type of
model. He spoke with Visit Newport Beach (VNB) who indicated that an application could be
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designed in -house for a water bus model, including scheduling and payment of fares. He
addressed marketing, understanding the demand, competing with private industry, and
opportunities to get people on the water. He added that, as a Harbor Commissioner, his main goal
is to make Newport Harbor a recreational harbor and presented support letters by the Balboa
Island Improvement Association and the Newport Beach Restaurant Association (NBRA). In
response to Council Member Petros' question, Commissioner Stapleton confirmed NBRA's
financial support which may be feasible through Newport Beach and Company.
Council Member Henn referenced comments from former Harbor Commissioner Ralph Rodheim.
Commissioner West reported that Mr. Rodheim helped with understanding the lack of sufficient
scale during the 2009 Study. He added that four boats would be the minimum number of boats
needed for a meaningful pilot program and thanked City staff for their assistance.
Harbor Commissioner Girling commented on the operating budget of Hornblower Cruises in their
operation of the Marina del Rey service. He added that consideration should also be given to the
reduction in traffic and congestion that may be achieved through the use of a water taxi. He
reported that public docks would need significant retrofitting to be ADA compliant due to the
seawall.
Council Member Petros commended the Harbor Commission for their thoughtful and well -
analyzed presentation.
Council Member Gardner addressed the importance of frequency, parking, and traffic reduction,
and also commented on subsidies and the need to analyze the possibility of using a tram service.
Council Member Curry thanked the Harbor Commission for their analysis and Mayor Hill for
bringing it forward. He reported visiting Fort Lauderdale and noted how costly it was to use the
system compared to renting a car. He stated that the Marina del Rey system is publicly
subsidized, commented on the amount of subsidy per passenger, and some of the reasons for the
subsidy amount. He commented on the possibility of using Measure M funds, but noted the need
to look at other uses for the money, and added the need to consider the economics of the venture.
Council Member Henn believed that this is a significant venture and would be worth taking
another step. He added that he would like to understand the costs associated with studying the
matter more carefully so Council has solid facts. In response to Council Member Gardner, Council
Member Henn clarified that the City should go forward with a study if it would be in the range of
$100,000.
Council Member Gardner wondered if the City should go forward with a study if Council does not
want to subsidize the venture. She added that she is not comfortable with subsidizing a water taxi
system at this point.
City Manager Kif£ suggested that Council determine what more it would like to know before being
asked to make a decision, so staff could gather the information and place the item on a regular
meeting agenda for Council to make a decision.
Council Member Gardner indicated that she would like to see a comparison of benefits through
subsidizing other methods of transportation, such as a tram service, and Mayor Pro Tem Selich
stated that he would be interested in finding out the start -up costs and potential annual
patronage. Council Member Daigle agreed with that approach and requested that staff put a
report together with the information.
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Mayor Hill thanked the Harbor Commission for its work. He believed that a water taxi is an
extension of what Newport is all about, and commented on the support of the NBRA and the
Balboa Island Improvement Association, and on the marketing capabilities of Newport Beach and
Company. He reported that the water taxi is not in competition with tour boats and is good for
visitors and residents. He added that a tram could not provide transportation any faster than
other vehicles and commented on the various activities that the Harbor provides. He believed the
matter should not be over - analyzed, supports a pilot program, addressed the importance of
regularity and frequency, and stated that there are vendors that are willing to give this venture a
try. He encouraged staff to proceed with next steps, including determining costs and collecting
input from the various vendors.
Council Member Gardner stated she has not heard a great deal of need for this, that initial costs
may diminish some of the excitement, and commented on the need for information about parking.
Mayor Hill commented on the Harbor Commission's independent recommendations regarding the
need for additional public piers in the Harbor, and noted there is synergy and that the City should
move ahead on both recommendations.
Council Member Daigle commented on the Newport Dividend and on fee waivers being given to
solar by the Southern California Association of Governments (SCAG). She noted that the Dividend
is costing the City and suggested modifying it so that it applies to solar. Additionally, she thinks
Council needs more information on the startup costs before making a commitment, and if it will
cost too much, there is no need to hire a consultant. Mayor Hill stated that, given proper
operations and compatibility, $300,000 could start a pilot program. Council Member Daigle
believed that staff can get the information needed.
Shanda Lear, Lear Electric Boats, commended the Harbor Commission on their report. She added
that a water taxi should be called a water bus and stated that the need for a point -to -point service
could be supported by the City if current rental fleets had U.S. Coast Guard - certified boats that
could be in their rental fleet and using a six -pack dock hand. She added that allowing people to
park in one of the existing parking structures would reduce the parking problem on the Peninsula.
Jim Mosher noted potential issues if the City offers a low -cost visitor- serving amenity since it may
be difficult to stop offering it and suggested that Council be cautious in considering what amenities
it offers.
Mayor Hill noted that, if solar was not included in the Newport Dividend, it should be, as part of
renovating a home. He added that there is a significant difference as that is the basis for
increased employment, sales tax, and property value, which all eventually comes back to the City.
He added that it is not an expense, but an investment.
SS3. Community Update on July 4th Activities in West Newport Beach [100 -2014]
Police Deputy Chief McGill reported that the Police Department is ready for the July 4th Holiday.
He addressed training and noted that, although the presentation covers West Newport, the Police
Department is ready for the entire City and that there will be more Officers deployed than
normally.
Lieutenant Sailor provided a PowerPoint presentation, addressing the main issue to consider, a
recap of last year's event, details of the plan and goals, the Loud and Unruly Gatherings
Ordinance (LUGO), enforcement philosophy, safety- enhancement zone and road closures, access to
the area, party enforcement, Police shift times, full NBPD deployment and outside resources,
social media, training, and community outreach.
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Recreation Superintendent Levin provided information on the Peninsula Parade and Festival, the
Parade Planning Committee, and discussed the Mariners Park Parade and Celebration.
Council Member Henn commented on efforts to change the culture in West Newport and thanked
City Manager Kiff for his support in the process, as well as the Police and Recreation
Departments.
Mayor Hill commented on the dedication to community activities, preparations, and community
involvement. He also congratulated staff.
III. PUBLIC COMMENTS -None
City Attorney Harp announced that Council will adjourn to Closed Session to discuss the
items as listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION - 5:15 p.m.
(Government Code § 54957.6)
Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City
Manager; Negotiators.
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards
(ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League
(LABEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management
Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport
Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA);
Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time
Employee Association of Newport Beach (PTEANB).
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION
(Government Code § 54956.9(d)(2)(e)(1)): I matter
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code § 54956.8): 1 matter
Property: 1499 Monrovia, Newport Beach, 92663; APN: 424 - 401 -14
Agency negotiator: Dave Kiff, City Manager
Negotiating parties: Kobe Inc., Andrea Fairchild, President
Under negotiation: Instruction to negotiator regarding price and terms of payment.
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
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VIII. CLOSED SESSION REPORT
City Attorney Harp announced that there were no reportable actions taken.
IX. PLEDGE OF ALLEGIANCE - Council Member Daigle
X. INVOCATION - Council Member Curry
Xi. PRESENTATION
History of the John Wayne Airport Settlement Agreement
City Attorney Harp provided a PowerPoint presentation to address the release of an Environmental
Impact Report (EIR). He reported that the County is in the process of receiving comments on the draft
EIR and will continue to receive them until July 8, 2014. He provided a history of the Settlement
Agreement and addressed its terms, creation of three classes of commercial aircraft, amendments, the
Airport Noise and Capacity Act (ANCA) and exemptions, 2003 Extension, Settlement Agreement
Extension, the City's preferred project, the California Environmental Quality Act (CEQA), and
consideration of alternatives by the County.
City Manager Kiff addressed the proposed project, conclusions, and provided a list of resources where
residents can obtain additional information.
XII. NOTICE TO THE PUBLIC
XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD
LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
Council Member Daigle thanked community groups and staff for their dedication and commitment on
the John Wayne Airport (JWA) Settlement Agreement.
Council Member Henn reported attending the Employee Service Awards on June 12, 2014, and
expressed his appreciation to City staff.
Council Member Curry reported attending the Concert on the Civic Green. He commented on the JWA
15 -year extension of curfews on landings and takeoffs, noted this is a huge accomplishment for the City,
and thanked everyone involved. He requested status on the up- lighting of the monument sign at
Newport Coast, the utility undergrounding along San Joaquin Hills to Newport Coast Drive, and the
grade and maintenance issues at Newport Coast Drive at the Park.
Council Member Gardner asked City Manager Kiff to place consideration for future agenda items
relative to declaring the Corona del Mar Footbridge a historical entity and the possibility of banning
e- cigarettes similar to the current cigarette ban.
Council Member Petros commented on the Cliff Drive Park renovation, adding that it is in full swing
and thanked the Newport Heights community and residents who were instrumental in putting the plan
together.
Mayor Pro Tem Selich reported participating in a visit from General Clarence Turner, Army Corps of
Engineer, to review projects that occurred in the Upper and Lower Bays. He indicated that they were
pleased with the results of the work done by the City and commented positively on the relationship
between the City and the Army Corps of Engineers. He reported that he learned that, if the City wants
to move the project line, it does not have to go to Congress, but rather the Corps may determine whether
it is a minor or major decision. He noted that, if it is a major decision, the matter would need to go to
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Washington D.C. He added that it would be a six month to one year process. Additionally, he reported
participating in the City Arts Commission Art Exhibit in the Community Room on June 14, 2014.
Council Member Gardner thanked 24 Carrots for their support of the Art Exhibit.
Mayor Pro Tem Selich announced that the General Plan/Local Coastal Program Implementation
Committee will meet June 25, 2014, from 12:30 p.m. to 2:30 p.m. in the Newport Coast Conference
Room.
Mayor Hill announced the OASIS Senior Center is hosting a "Healthy & Fit After 50" event on June 28,
2014 from 9:00 a.m. to noon, and provided the phone number for resident registration. Additionally, he
thanked all who participated in the JWA Settlement Agreement.
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Dave Quesada, a Harbor captain, indicated his desire to apply to be on the Harbor Commission. Mayor
Hill noted that is not an item on the Consent Calendar and will be considered under Current Business.
XV. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
1. Minutes for the June 10, 2014 Study Session and Regular Meeting [100 -2014]
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.
B. CONTRACTS AND AGREEMENTS
3. Bayside Drive and Area Streets Pavement Rehabilitation Project - Notice of
Completion and Acceptance of Contract No. 5212 (CAP13 -0003) [381100 -2014]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
Mayor Pro Tern Selich & Council Member Gardner recused themselves from this item
since the project may be or is within 500' of their residences.
4. Santa Ana Heights Pavement Restoration Project - Notice of Completion and
Acceptance of Contract No. 4707 (CAP11-0022) [381100 -2014]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project;
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful Performance Bond one year after acceptance by the City Council.
5. Residential Street Overlay Program - Award of Contract No. 5523 (CAP14 -0013)
[381100 -20141
a) Approve the project drawings and specifications;
b) Award Contract No. 5523 to Sequel Contractors, Inc., for the Total Bid Price of
$1,260,941.00, authorize the Mayor and the City Clerk to execute the contract; and
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c) Establish a contingency amount of $126,000.00 (10 %) to cover the cost of unforeseen work
not included in the original contract.
6. Ocean Piers Maintenance 2013 -2014 - Award of Contract No. 5539 (CAP14 -0025)
[381100 -2014]
a) Approve the project drawings and specifications;
b) Award Contract No. 5539 to Associated Pacific Constructors, Inc. for the total bid price of
$491,500.00, and authorize the Mayor and City Clerk to execute the Contract;
c) Establish an amount of $73,700.00 (15 %) to cover the cost of unforeseen work not included in
the original contract; and
d) Approve Budget Amendment No. 15BA -001 transferring $85,000.00 from Account No. 7231-
C4402007 (Seawall and Bulkhead Modifications) to Account No. 7231- C4801001 (Ocean
Piers Maintenance) for FY 2014/15.
7. Amendment to the Professional Services Agreement with Kreuzer Consulting Group
for Old Newport Boulevard and West Coast Highway Modifications — Contract
No. 5244 (CAP13 -0007) [381100 -2014]
Approve Amendment No. 1 to the Professional Services Agreement with Kreuzer Consulting
Group to provide additional environmental documentation for Caltrans CEQA approvals related
to the Old Newport Boulevard and West Coast Highway Modifications project at a not -to- exceed
cost of $115,920, and authorize the Mayor and City Clerk to execute Amendment No. 1.
8. Professional Services Agreement with William B. Conners for Newport Beach
Municipal Code Title 20 and Other Hearings (C -5863) [381100 -2014]
Authorize the Mayor to execute an agreement with William B. Conners for hearing adjudication
services, with a not -to- exceed compensation amount of $125,000.
9. City Insurance Renewals (C -4705) [381100 -2014]
Approve renewal of the following insurances: excess general liability, excess workers'
compensation, pollution and property insurance coverage for an amount not to exceed $1,948,132
in total premium from the Insurance Reserve Funds. The term of the renewal is for a twelve (12)
month policy period, July 1, 2014, through June 30, 2015, for excess general liability, excess
workers' compensation, and property insurance. Pollution liability coverage is being renewed for
a thirty -six (36) month policy period, July 1, 2014, through June 30, 2017.
10. Approval of the City's Third Party Administrator for General Liability Claims
Administration (C -3366) [381100 -2014]
Staff recommends Council's approval of Carl Warren & Company for Third Party Liability
Claims Administration with an annual expenditure of $107,561.00, effective July 1, 2014.
C. MISCELLANEOUS
11. Planning Commission Agenda for the June 19, 2014 Meeting [100 -2014]
Receive and file.
12. AT &T Newport Center Telecommunication Facility Permit Located at 1600 Newport
Center Drive (PA2013 -225) [100 -2014]
Continue to the August 12, 2014, City Council meeting.
Council Member Gardner and Council Member Curry recused themselves from this item
since they own or may own stock in AT &T. Council Member Daigle recused herself from
this item since she derives income from the telecommunications industry.
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Motion by Mayor Pro Tern Selich, seconded by Council Member Council Member Currv, to
approve the Consent Calendar; and noting Mayor Pro Tern Selich's recusal on Item 3; Council Member
Gardner's recusals on Item 3 and Item 12; Council Member Curry's recusal on Item 12 ; and Council
Member Daigle's recusal on Item 12.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tom Selich, Mayor Hill
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR - None
XVII. PUBLIC COMMENTS ON NON - AGENDA ITEMS
Steve Rosansky, President and CEO of the Newport Beach Chamber of Commerce, Jean Watt, former
Council Member /President of SPON, and Orange County Coastkeeper representative Ray Hiemstra
presented a joint proposal for Council consideration regarding development agreements. They proposed
that Council consider setting aside 10% of monies received from development agreement fees to be used
for environmental uses, including acquisition of property for park land, support of the Environmental
Nature Center, hiring of grant writers to leverage City funds, and the establishment of environmentally
favorable programs involving the business community. Additionally, they proposed establishing an
environmental advisory committee made up of businesses and people in the environmental community
to vet ideas and projects and make recommendations to Council as to how the funds should be allocated.
Mr. Hiemstra urged Council to consider supporting the proposal and Ms. Watt commented positively on
the proposal and addressed its benefits.
City Manager Kiff stated that Council could ask that the matter be placed on the next agenda. There
was consensus to place the matter on the next agenda for Council consideration.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Henn reported on a meeting of the Balboa Village Advisory Committee (BVAC) on June
11, 2014, and addressed items considered and discussed during the meeting.
Council Member Gardner reported on a recent meeting of the Water Quality /Coastal Tidelands
Committee and addressed items considered and discussed during the meeting.
XIX. PUBLIC HEARING
13. Appeal of the Planning Commission's Approval of Conditional Use Permit No. UP2013 -021
for Nesai Restaurant Located at 215 -217 Riverside Avenue (PA2013 -203) [100 -2014]
Assistant Planner Nova provided a PowerPoint presentation to address details of the appeal,
location, existing conditions, offsite and supplemental parking, details of the project request, staging
for valet parking, details of the appeal and issues addressed, site plan, restriping of the existing
parking area, street parking spaces, site photographs, recommendations for additional landscaping
in terms of view and light protection, safety along Riverside Avenue, the addition of night lighting
along the Riverside Avenue exit as a requirement in the Conditions of Approval, existing storage
structure and agreement by the applicant to lower its height, and access to Cliff Drive Park. In
response to Council Member Gardner's question, Assistant Planner Nova reported that Cliff Drive
Park closes at 11:00 p.m.
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Discussion followed regarding the relationship between park hours and the restaurant. Community
Development Director Brandt reported that there is a concern that the restaurant will interfere with
use of the park in terms of bicycle and pedestrian activity along Riverside Avenue,
Assistant Planner Nova addressed updates and staff recommendations. She noted that a revised
Resolution is being presented and addressed details of the revisions. She addressed the revised
hours of operation and reported receiving three comment letters since approval of the project by the
Planning Commission, two of which are in support of the project and one opposed. She detailed
staffs recommendations, including alternatives.
In response to Mayor Hill's question, Assistant Planner Nova clarified the location of Ocean View
Avenue.
Jack Staub, appellant, reported submitting photos illustrating the hazards related to the proposed
project. He reported that the existing parking lot is not used by Nesai customers and that it is used
9:00 a.m. to 5:00 p.m., Monday through Friday. He noted hazards in relation to the use of the upper
terrace of the existing parking lot.
In response to Mayor Hill's question regarding police reports of accidents in the area, Assistant
Planner Nova reported that there have been no police service calls on the property.
Mr. Staub added that the parking lot has not been used by the general public, but rather by tenants
of the nearby office building, and believed that it should continue being used in that way as it could
be a liability issue for the City.
In response to Council Member Gardner's question regarding whether making the driveway safer
would remove his concerns, Mr. Staub stated that, if the upper parking lot were not used at night, it
would address his concerns. He added that he is not opposed to the restaurant but rather with the
upper terrace parking lot, safety to the public, and related impacts.
Jeffrey Hall, applicant, reported that the Planning Commission unanimously voted to approve the
project. He reported that he has attempted to address neighbors' concerns and noted challenges
with eliminating the use of the upper terrace parking lot. He expressed his willingness to continue
working with neighbors to develop a solution in terms of increased landscaping and lighting, but
noted the need to remain sustainable and open.
Mayor Hill opened the public hearing.
Joey Moore, attorney representing owners/landlords Marcelle and Clint Hufford, commented on
increased landscaping to mitigate night lighting, issues related to the driveway exiting the parking
lot onto Riverside Drive, adding that it is in compliance with City requirements and that the
applicant has agreed to reduce the height of the wall to the right of the driveway to enhance sight
lines. Additionally, he recommended installing a mirror to assist drivers exiting the parking lot. He
clarified that the terrace parking area has been used historically by restaurant patrons. Mr. Moore
addressed the use and access to Cliff Drive Park and believed that the extension of restaurant
operations by one hour will have no negative impacts. He urged Council to deny the appeal, noted
that the staff report has extolled the virtues of the project, commented in favor of the applicant's
proposal, and added that the project represents more than 36% of the rentable square footage.
Tim Davey reported that he lives above the park and commented on the nexus between the park and
restaurant. He spoke in favor of the restaurant, but expressed concerns that the restaurant's
drinking patrons will end up at the park after 11:00 p.m. He spoke in support of the appeal and
urged Council to roll back the hours for the rear parking lot.
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Eric Bennecker, project designer, reported that the restaurant has been in business since 1972, that
the rear parking lot is used after 5:00 p.m., and stated that the patrons of the establishment will not
be going to the park to drink.
Phil Bacerra, Santa Ana Planning Commissioner, reported that Santa Ana has granted two
conditional use permits to Mr. Hall and spoke in support of Mr. Hall.
Regarding the requirement for 16 off -site parking spaces, Jim Mosher noted that part of the
requirement will be satisfied by the employer purchasing 10 annual employee passes to park in the
City -owned parking lot. He suggested considering establishing an employee parking pass program
City -wide.
Bill Kenney, customer of Nesai, commented on the enhancement of Mariner's Mile, noting that the
City needs more independent operators. He reported that he has used the upper parking lot in the
past and spoke in support of the applicant.
Jack Staub, appellant, commented on the pedestrian traffic that flows into Mariner's Mile, noting
that most of the traffic volume comes from Riverside Avenue and, with redevelopment of Cliff Drive
Park, more people will use that park at night. He believed that hazards exist and, if it is in the
pathway of the primary artery for the Mariner's Mile area, it will reduce pedestrian traffic. He
requested that a traffic study be conducted to determine the location of pedestrian flow and whether
it will be impeded. He added that the justification for extended hours was based on the Mariner's
Mile Redevelopment Plan and one of its primary goals is to maximize pedestrian traffic. He believed
that the project is a misapplication of the plan.
There being no further testimony, Mayor Hill closed the public hearing.
Council Member Petros noted that the appeal is anecdotal and that the Bicycle Master Plan
Oversight Committee gets regular updates on the occurrence of pedestrian /bicycle accidents in the
City and this location has not been identified as a significant safety impact by the Police
Department. He added that he reviewed the sight triangles and the Caltrans Sight Manual for sight
distances and indicated that the project meets those requirements. He expressed the opinion that
installing a light will illuminate the area even further and suggested adding a condition to put a stop
bar at the toe of the slope to reinforce that vehicles must stop to ensure that the sight distance will
be exceeded. He reported that he runs through this location daily and has never felt threatened by a
vehicle during his runs. He stated that he does not see empirical evidence that this represents a
hazard nor that the hours of operation lead to a conclusion that it would exacerbate the hazard and
stated he will not support the appeal.
Council Member Henn noted that there is a regular amount of pedestrian activity going up Riverside
Avenue and spoke in support of adding safety markings or a stop bar. He expressed the opinion that
there is not enough objective evidence that there is a problem and indicated that he will support
staffs recommendations.
In response to Council Member Gardner's question on maximum usage of employee passes, Assistant
Planner Nova reported that the applicant is expecting to have 10 employees overall. Council
Member Gardner asked that staff follow -up on the matter and do what it can to address the issue.
Council Member Curry agreed with the comments of his Council colleagues
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Motion by Council Member Curry, seconded by Council Member Henn, to adopt amended
Resolution No. 2014 -53, A Resolution of the City Council of the City of Newport Beach Upholding the
Planning Commission's Approval of Conditional Use Permit No. UP2013 -021 for an Eating and
Drinking Establishment with Late Hours of Operation at 215 Riverside Avenue (PA2013 -203), finding
the project exempt from the California Environmental Quality Act ("CE"') pursuant to Section
15301 (Existing Facilities) of the CEQA Guidelines, and approving Conditional Use Permit No.
UP2013 -021, subject to the conditions.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
XX. CURRENT BUSINESS
14. Use of Vehicle Lifts for Meeting Parking Requirements [100 -2014]
Community Development Director Brandt provided a PowerPoint presentation to address the
Planning Commission's review, types of vehicle lift systems, existing vehicle lifts at Newport
Landing, and review of a recent case by the Planning Commission. She indicated that the Planning
Commission noted that the Zoning Code does not address vehicle lifts, and asked whether that is an
appropriate mechanism to meet the City's required parking, whether this is an appropriate
mechanism with rapid parking turnover, and whether it is appropriate to have a valet as an integral
part of having this type of parking system.
Council Member Gardner noted that this could transform a lot of things and that she would not like
to consider it on a case -by -case basis. She stated that there should be some ground rules and that
the matter should be explored further.
In response to Council Member Henn's question regarding whether the Planning Commission has
made suggestions about how they might go about regulating this, Community Development Director
Brandt reported that they have not but are seeking Council's direction. Council Member Henn
suggested sending the matter back to the Planning Commission for their review and subsequent
recommendations to Council.
Mayor Hill indicated that he was unsure that he wants these vehicle lifts all over the City. He
stated that he is not in favor of setting up a procedure of regulation which connotes that the City
encourages them. He added that lifts rust, are not maintained, and are not attractive no matter
what you do to them. He suggested that, if the City is going to regulate them, they should be treated
like elevators with annual inspections, maintenance records, and enforcement.
Motion by Council Member Gardner, seconded by Mayor Hill, to prohibit vehicle lifts in the
City.
Mayor Pro Tern Selich stated that, if there are only two in the City, they do not need to be regulated.
He believed that regulating these would be regulating something that is not a problem. He indicated
that the City would need to address it in the future if they start to become prevalent, but not at this
point in time.
Substitute motion by Council Member Gardner, seconded by Mayor Hill, to not initiate a
Zoning Code Amendment at this time.
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June 24, 2014
Council Member Petros agreed with Mayor Pro Tern Selich, noting that there are thousands of
parking spaces in the City. He believed that this is a solution looking for a problem and commented
on unique parking solutions being used throughout the U.S. and Europe which may need to be
looked at in the future, but not at this time.
Council Member Curry stated that he did not know that the City had these and that, although it
may be a tool for the City to use in the future, regulations are not needed at this time. He suggested
addressing them on a case -by -case basis.
Jim Mosher stated that the Planning Commission expressed a sense of frustration since they were
not the policy makers. Short of the Zoning Code, he believed that it would be helpful to the Planning
Commission to communicate to them what the general feeling is about this.
The substitute motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Daigle, Mayor Pro Tem Selich, Mayor Hill
Nays: Council Member Henn
15. An Urgency Ordinance of the City Council of the City of Newport Beach, California
Establishing a Temporary Prohibition on the Issuance of Marine Activities Permits to
Businesses Engaged in the Operation of Vessels Propelled by Water above the Surface of
Newport Harbor [100 -20141
Harbor Resources Manager Miller commented on the need for this emergency Ordinance and
moratorium. He added that there is an operation currently in the Harbor and that he has received
many comments as to whether that operation is appropriate or not.
In response to Council questions, Harbor Resources Manager Miller reported that this activity could
be done in the ocean and clarified that air propulsion craft are not permitted in the Harbor. In
regards to the apparatus, he indicated that the initial use is done remotely by the company operator
to prevent injury or accidents. Additionally, he described water propulsion, the jet -ski type device,
and how water pushes through the device up a tube onto a backpack. He reported that the
ordinance will apply to new businesses, not existing businesses.
Council Member Curry noted that the device can be operated in the ocean to lessen the chance of
ending up in a pier. Council Member Gardner stated that there would be less noise impact on
neighbors in the ocean.
Council Member Petros indicated that he will support the emergency Ordinance and referenced a
recent correspondence regarding noise, wakes, and damage to other vessels. He added that he will
be looking for staffs thoughts on that as it determines a remedy.
Council Member Henn indicated that he will support staffs recommendation, adding that he has
used the jet pack which has a kill switch controlled by the rental company personnel. He agreed
that using the jet pack takes some skill, it uses a fair amount of footprint of water, and creates a
wake. He believed that it would be worthwhile to have guidance from the Harbor Commission.
Council Member Curry agreed with staffs recommendations and stated that it is important to think
about where these devices can be operated, how they work, what type of safety rules to implement,
noise, parking, and impacts to neighbors. He suggested considering the matter in terms of creating
a framework to broaden visitor - serving amenities going forward.
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Devon Kelly reported that there is another company that is currently operating in Newport Bay.
She expressed support of this matter due to safety and noise concerns.
Gus Caicedo, President of Fly Jet Sports, reported that he is currently applying for a permit and has
been evaluating a business plan. He noted that he has also flown in the last two Christmas Boat
Parades. In terms of safety and noise, he reported working closely with staff and asked for an
exemption for individuals who have already addressed the issues and comply with requirements.
He reported meeting Ms. Kelly to address her concerns and stated that he may be able to help
Council to alleviate some of the concerns. He added that his operators are Navy veterans and are
familiar with boating rules. He commented on the operation, noted that part of the problem has
been with the routes, and reported addressing the movement of the system and that it can operate at
5 mph to move throughout the Bay.
David Quesada asked if the operators are able to monitor Channel 16 VHS, adding that Duffy's and
those operators get lost in hulls of boats. He suggested adding a requirement that operators be able
to monitor VHS -16 during the Christmas Boat Parade.
Dean O'Malley, Jet Pack America, stated that he has been operating for three years, adapted to
accommodate residents, has gone through location and process changes, and that their goal is to
have it work for the City, residents, and tourists. He added that the business is a draw to the City,
and needs special consideration and can operate safely. Additionally, he stated that it can operate in
the open ocean, but that it is not the safest place for beginners to learn. He reported that beginner
pilots are in the Harbor, but have a lot of supervision. Regarding noise, he stated that they have
gone mobile to be as minimally invasive as possible and reported that wedding boats are louder. He
believed that the key is moving around the Harbor and expressed his willingness to work with the
City. He noted that they are trying to minimize wakes and that he is not sure what damage has
been done to boats. Additionally, during the Christmas Boat Parade, they have lit up their packs to.
be visible.
Motion by Council Member Curry, seconded bMayor Pro Tern Selich, to adopt Urgency
Ordinance No. 2014 -11, An Urgency Ordinance of the City Council of the City of Newport Beach
Establishing a Temporary Prohibition on the Issuance of Marine Activities Permits to Persons or
Business Engaged in the Operation of Vessels Propelled by Water Above the Surface of Newport
Harbor. This urgency ordinance shall remain in effect for a period of six (6) months, unless earlier
repealed or extended by the City Council.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member
Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill
16. Appointments to Boards and Commissions [100 -20141
City Clerk Brown outlined the appointment process.
Jim Mosher expressed concern about the practice of reappointing incumbents. He suggested sending
out summonses, similar to what is used for jury duty, for appointments to Boards and Commissions.
David Quesada asked that Council consider him for the Harbor Commission. Mayor Hill noted that
there is an application process and provided details. He encouraged Mr. Quesada to participate in
the next cycle of applications. Council Member Henn added that Mr. Quesada can fill out an
application at any time and he will be notified when there is an open position available.
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City of Newport Beach
Study Session and Regular Meeting
June 24, 2014
City Clerk Brown read the ballot votes for the Board of Library Trustees as follows:
Jerry King - Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill
City Clerk Brown announced that Jerry King was reappointed to the Board of Library Trustees for a
four year term.
City Clerk Brown read the ballot votes for the Building and Fire Board of Appeals as follows:
John De Frenza - Selich, Curry
Jay Elbettar - Gardner, Petros, Henn, Daigle
Nourmohammadi Khorow - Mayor Hill
Stephen Sandland - Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill
City Clerk Brown announced that Stephen Sandland was reappointed and Jay Elbettar was
appointed to the Building and Fire Board of Appeals for four year terms.
City Clerk Brown read the ballot votes for the City Arts Commission as follows:
Judy Chang - Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill
City Clerk Brown announced that Judy Chang was reappointed to the City Arts Commission for a
four year term.
City Clerk Brown read the ballot votes for the Civil Service Board as follows:
Linda Beimfohr - Petros, Curry, Mayor Hill
Jeffrey Herdman - Gardner, Selich, Henn, Daigle
City Clerk Brown announced that Jeffrey Herdman was appointed to the Civil Service Board for a
four year term.
City Clerk Brown read the ballot votes for the Harbor Commission as follows:
Thomas Dessel - Curry, Henn
Patricia Humphreys - Gardner
William Kenney, Jr. - Petros, Selich, Daigle, Mayor Hill
Duncan McIntosh - Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill
Douglas West - Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill
City Clerk Brown announced that Douglas West and Duncan McIntosh were reappointed and
William Kenney, Jr. was appointed to the Harbor Commission for four year terms.
City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission as
follows:
Thomas Anderson - Gardner, Petros, Selich, Henn, Daigle, Mayor Hill
Ron Cole - Gardner, Petros, Selich, Henn, Daigle, Mayor Hill
William Hossfeld - Curry
Erik Weigand - Curry
City Clerk Brown announced that Thomas Anderson and Ron Cole were reappointed to the Parks,
Beaches and Recreation Commission for four year terms.
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City of Newport Beach
Study Session and Regular Meeting
June 24, 2014
City Clerk Brown read the ballot votes for the Planning Commission as follows:
Fred Ameri - Curry, Daigle, Mayor Hill
Peter Koetting - Gardner, Petros, Selich, Henn
City Clerk Brown announced that Peter Koetting was appointed to the Planning Commission for a
four year term.
Mayor Hill commented on the process and noted that the pool of applicants gets stronger each time
Council goes through the cycle and that it is getting tougher and tougher to reach a decision.
Council Member Gardner noted that often it is a matter of looking at the entire Commission or
Board and filling in gaps with respect to skill sets.
Mayor Hill encouraged those who were not appointed this time, to keep applying.
XXI. MOTION FOR RECONSIDERATION - None
NMI. ADJOURNMENT — 9:13 p.m.
The agenda for the Study Session, Closed Session, and Regular Meeting was posted on the
City's website, on the City Hall Electronic Bulletin Board located in the entrance of the City
Council Chambers at 100 Civic Center Drive, and in the Meeting Agenda Binder located in
the entrance of the City Council Chambers at 100 Civic Center Drive on June 19, 2014, at
4:00 p.m.
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Recording Secretary
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