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CITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
February 9, 2016
Volume 62 - Page 561
I. ROLL CALL – 5:00 p.m.
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar Council Member Petros commented on Item No. 17 (Departures from John Wayne Airport, NextGen, Curved Paths, and Departure Climb Profiles), noting that the second recommendation does not comport with what the Aviation Committee requested and suggested changing the action to “b) whether noise abatement procedures are still being followed and, if those NADPs are not, would there be significant noise impacts to local receptors by reinstating them.” City Manager Kiff requested further clarification and Council Member Petros reported that the conversation at the Aviation Committee meeting revolved around the notion that staff suggested that the higher altitude alternative could be presented to John Wayne Airport and the Federal Aviation Administration (FAA) if it was found that there was no demonstrable effect on noise and emission to sensitive receptors at the end of the airway.
SS2. Possible Changes to OCTA Bus Routes in Newport Beach Public Works Director Webb provided a PowerPoint presentation to discuss the background, routes for which changes are proposed, existing Peninsula routes, and options. He introduced and deferred to Gary Hewitt and Andrea West from the Orange County Transportation Authority (OCTA). Gary Hewitt, OCTA, provided a PowerPoint presentation on the proposed OC Bus 360 Initiatives and bus service in Newport Beach. He addressed the decline in ridership and trends, details of the OC Bus 360 Program, goals and objectives, reallocation of bus services, development of a mobile app, public involvement and input, recurring themes, recommended plan changes, rider impacts, the schedule, and next steps. In response to Council questions, Mr. Hewitt addressed the current schedule for Route 71 and addressed the effect of the frequency change and the ridership impact. He indicated that their target for the fare box recovery ratio is to be above 20%. He further explained the revised Route 47 plan and reported on the Bravo program, noting that it is a Rapid Bus Service with limited stops. Council Member Curry commended the OCTA for taking the leadership in finding ways to be more efficient.
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Mayor Dixon addressed new developments in the City, including the Lido Hotel and noted the importance of having reliable bus service for their employees. She suggested increasing demand when new developments come online. Scott Robinson, Central Newport Beach Community Association, asked, if Route 71 terminates at Triangle Square, whether Route 47 would be available at Triangle Square. He noted the importance of Route 71 on the Peninsula and spoke in support of maintaining public transportation. Jim Mosher commented on a bus route going to the entrance of Castaways Park and noted that the bus stop has disappeared and commented on the downgrade of another one. He believed that this is inconsistent with trying to increase ridership. W. R. Dildine commented positively on the continuing bus service and noted that he uses the bus schedules to schedule his doctor’s appointments. He spoke in support of the proposed changes. Council Member Petros commented on the OCTA becoming more efficient with taxpayer money and noted that the City is engaged with the OCTA with another project that would augment the service. Public Works Director Webb noted that currently Routes 47 and 71 do not connect and asked Mr. Hewitt to consider the matter. Mayor Dixon thanked the OCTA for their presentation. City Manager Kiff reported action on this issue will be taken during the regular City Council meeting.
III. PUBLIC COMMENTS Jim Mosher addressed the City’s water conservation goals, noting the need to meet the State mandate. He referenced the City’s report regarding water conservation and hoped that the number of gallons used will be included with the statistics to give residents a clear picture of whether the City is helping or hurting the effort. Additionally, he referenced the City’s Water Management Plan and asked regarding the “unaccounted for” water the City purchases each month. Mr. Mosher spoke regarding allowing the City Arts Commission to engage in fundraising and the City’s policy about doing so.
City Attorney Harp announced that the City Council will adjourn to Closed Session to
discuss the items as listed in the Closed Session agenda and read the titles.
IV. CLOSED SESSION - 5:41 p.m.
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code § 54957 (b)(1))
Title: Dave Kiff, City Manager Aaron C. Harp, City Attorney Leilani Brown, City Clerk
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B. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code § 54957.6 (a))
Agency Designated Representative: Council Member Tony Petros
Unrepresented Employees: Dave Kiff, City Manager, Aaron C. Harp, City Attorney, and Leilani Brown, City Clerk
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
VIII. CLOSED SESSION REPORT - None
IX. PLEDGE OF ALLEGIANCE - Council Member Peotter
X. INVOCATION - Pastor Jim Domen, California Family Council
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Council Member Petros announced a meeting of the AQMD regarding Hixson Industries’ compliance issues at the Hoag Conference Center on February 11, 2016, at 6:00 p.m. Additionally, he announced an Open House regarding the West Newport Master Plan on February 17, 2016, at the Newport Beach Gymnasium at 881 15th Street. Mayor Dixon requested that a staff report be placed on the February 23, 2016 agenda, relative to having Council encourage the County of Orange to approve a 50-year lease to the new owners of the Newport Beach Golf Course. She thanked the community for attending the recent Mayor’s Dinner and thanked Speak Up Newport, Debra Allen, Kathy Harrison and Janis Dinwiddie for the successful event. She announced the First Mayor’s Town Hall Meeting on February 11, 2016, at 6:30 p.m. in the Community Room. Additionally, she announced a meeting of Women in Newport Networking (WiNN) on February 25, 2016, at 5:30 p.m. in the Community Room. Mayor Dixon highlighted demolition and improvements occurring in conjunction with the 32nd Street Widening Project.
XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE
AGENDA
• Discussion for Study Session on additional residential development in Newport Center, including an update to Council about competing proposals, option of assigning this development to the site of the NB Police Headquarters (Peotter)
Motion by Council Member Peotter to have staff bring back a Study Session relative to additional residential development in Newport Center and to receive an update about competing proposals and the option of assigning this development to the site of the Newport Police Headquarters.
The motion died for lack of a second.
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• Whether to provide live telecasts of Planning Commission meetings (Dixon)
Motion by Mayor Dixon, seconded by Council Member Peotter, to place consideration of providing live telecasts of Planning Commission meetings on a future agenda. Nancy Skinner thanked Council and asked that it approve the motion. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Nays: Council Member Selich, Council Member Curry
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR City Manager Kiff asked that Council continue Item No. 8 (Sunset Ridge Park Coastal Development Permit Amendment Application for Access Road and Parking Lot). Public Works Director Webb noted that an amended Resolution relative to Item No. 7 (Resolution Establishing Updated Guidelines for the Opening of Bids) was distributed tonight. At Council Member Petros’ request, City Manager Kiff noted that Recommendation b) of Item No. 17 (Departures from John Wayne Airport, NextGen, Curved Paths, and Departure Climb Profiles) will be amended to read, “(b) reviewing whether a move from the current “Close-In” noise abatement departure procedure (NADP) to the “Distant” NADP would be beneficial to the community and not result in significant impacts to noise receptor areas adjacent to the airport.”
Jim Mosher commented on Item No. 14 (Confirmation of Appointment to the Corona del Mar Business Improvement District Advisory Board of Directors) regarding the nomination of a single individual who has been screened by the existing Corona del Mar Business Improvement District Board, and believed it is a bad policy. He addressed Item No. 4 (Second Reading of Ordinance No. 2016-2 Relating to Official Police Tow Services) and questioned whether the ordinance that was introduced was the redline version introduced by staff. City Attorney Harp clarified that, regarding Item No.4, when Council Member Peotter made the motion at the last Council meeting, and rejected the alternative ordinance presented to Council and the original text. He added that staff corrected the Consumer Price Index quoted in the report. Council Member Peotter added that, regarding Item No. 4, it deals with only the rates and not to whom the contract was issued.
XV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
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
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4. Second Reading of Ordinance No. 2016-2 Relating to Official Police Tow Services [100-
2015] Conduct second reading and adopt Ordinance No. 2016-2, An Ordinance of the City Council of the
City of Newport Beach, California, Amending Newport Beach Municipal Code Chapter 5.15
Relating to Official Tow Services.
Council Member Curry voted No to this item.
RESOLUTIONS FOR ADOPTION
5. Memorandum of Understanding with the Newport Beach Employees League (C-2065)
[38/100-2015] a) Adopt Resolution No. 2016-22, A Resolution of the City Council of the City of Newport Beach,
California, Adopting a Memorandum of Understanding between the City of Newport Beach and
the Newport Beach Employees League, for the period July 1, 2015 through December 31, 2018; b) Approve Budget Amendment No. 16BA-031 in the amount of $395,235 from the General Fund unappropriated surplus fund balance; and c) Adopt Resolution No. 2016-23, A Resolution of the City Council of the City of Newport Beach,
California, for Employer Paid Member Contributions, modifying the paying of the employer
paid member contribution (EPMC) to 0% for designated Miscellaneous members, including NBEL.
6. City Council Policy F-9 (City Vehicle/Equipment Guidelines) [100-2015] Adopt Resolution No. 2016-2, A Resolution of the City Council of the City of Newport Beach,
California, Amending City Council Policy F-9 (City Vehicle/Equipment Replacement Guidelines).
7. Resolution Establishing Updated Guidelines for the Opening of Bids [100-2015] Adopt Resolution No. 2016-25, A Resolution of the City Council of the City of Newport Beach,
California, Rescinding Resolution No. 5036 and Establishing Updated Guidelines for the Opening
of Bids.
8. Sunset Ridge Park Coastal Development Permit Amendment Application for Access
Road and Parking Lot [100-2015] Continue to a future meeting.
9. Revised Effective Date to an Amendment of the Waste Disposal Agreement (C-4194)
[38/100-2015] Adopt Resolution No. 2016-27, A Resolution of the City Council of the City of Newport Beach,
California, Approving the Revised Effective Date to an Amendment to the 2009 Waste Disposal
Agreement with the County of Orange, to allow for the continued importation of waste at the County’s three landfills and to extend the terms of the Waste Disposal Agreement through June 30, 2025.
Council Member Petros recused himself on this Item as he has a contractual obligation
with his work.
CONTRACTS AND AGREEMENTS
10. Marina Park Project - Marina Docks (Bid Package 4) - Notice of Completion of Contract
No. 3897 [38/100-2015] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project;
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b) Authorize the City Clerk to release the Labor and Materials Bond sixty-five (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 (1) year after acceptance by the City Council.
11. Police Facility Carpet Replacement Project – Notice of Completion and Acceptance of
Contract No. 6105 (15F02) [38/100-2015] 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 sixty-five (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 (1) year after acceptance by the City Council.
12. Request to Retain Existing Private Improvements within the Public Right-of-Way at
917 West Bay Avenue (C-7007) [38/100-2015] a) Waive City Council Policy L-6, Private Encroachments in Public Rights-of-Way, to retain an
existing 10-inch-tall planter wall that is encroaching 2 feet 5½ inches into the West Bay Avenue right-of-way, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval.
MISCELLANEOUS
13. Planning Commission Agenda for the February 3, 2016 Meeting [100-2015] Receive and file.
14. Confirmation of Appointment to the Corona del Mar Business Improvement District
Advisory Board of Directors [100-2015] Appoint Ed Hanley, representing Hanley Investment Group, as the ninth member to the CdM BID Advisory Board of Directors for the remainder of FY 2015-2016.
15. Appointment of Finance Committee Members to Fill One-Year Terms [100-2015] Confirm Mayor Pro Tem Kevin Muldoon’s reappointment of John Warner, Council Member Ed Selich’s reappointment of Larry Tucker, Council Member Duffy Duffield’s reappointment of William O’Neill, and Council Member Scott Peotter’s reappointment of Patti Gorczyca to serve on the Finance Committee for a one-year term.
17. Departures from John Wayne Airport, NextGen, Curved Paths, and Departure Climb
Profiles [100-2015] Authorize the City Manager to work with JWA staff and the FAA on: (a) an analysis of whether departure pattern involving curved turns to match the contours of the Upper Bay for some departures would result in less noise for more people (and advocacy for that if appropriate); and (b) reviewing whether a move from the current “Close-In” noise abatement departure procedure (NADP) to the “Distant” NADP would be beneficial to the community and not result in significant impacts to noise receptor areas adjacent to the airport.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Peotter, to approve the Consent Calendar, except for the items removed (1, 3 and 16); and noting the recusal of Council Member Petros on Item No. 9, the No vote on Item No. 4 by Council Member Curry, the amendment of the Resolution on Item No. 7, and the continuance of Item No. 8.
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The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
1. Minutes for the January 23, 2016 Special Meeting (Planning Session) and the
January 26, 2016 Study Session and Regular Meeting [100-2015] Council Member Curry agreed with Mr. Mosher that Item No. 17 (Adoption of Sewer Rate Adjustment) was not properly noticed. He added that, at the Planning Session, Mayor Dixon suggested the need for a policy on how the City uses its reserves and believed that the rebate does not follow this suggestion. He added that the matter was never vetted by the Finance Committee. He stated that, Mr. Mosher observed the difficulty in executing this given the nature of the law that must be followed, it is inequitable, and no public benefit was identified. Council Member Peotter questioned whether the item was being considered or whether it applies to the minutes. Council Member Curry noted that Mr. Mosher’s comments have to do with the minutes and that he suggests the matter should be reconsidered. He added that he cannot request reconsideration of Item 17 since he voted against the item. City Attorney Harp noted that the item before Council at this time is the voting on the minutes, but stated that sewer rates will be discussed shortly.
Motion by Council Member Peotter, seconded by Mayor Pro Tem Muldoon, to waive reading of subject minutes, approve as amended, and order filed. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Nays: Council Member Curry
3. Adoption of Sewer Rate Adjustment (2nd Reading) [100-2015] Council Member Selich reported receiving emails and inquiries regarding this item and pulled it in order to allow public input. Nancy Skinner referenced an email she sent to Council and thanked Council for voting to increase sewer fees. She believed that Council will be starting a bad precedent by taking money from the City’s General Fund to reimburse residents in connection with sewer fees. She added that most residents do not need it and that sewer fees are the least costly utility that residents pay. She addressed enterprise fees for sewer and water and stated they are intended to be self-sustaining. She addressed high priority projects and needs that require funding and urged Council to keep the funding separate and not subsidize something that people are able to pay. Jim Mosher referenced a rate table in the report and suggested including it in the Ordinance since placing it in the resolution deprives residents of being able to stage a referendum against it. He questioned whether the table is a proper rate table and stated that, among the information that is
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lacking with the resolution, is the consultant’s previous recommendations indicating that a 16% increase in the rates would be sufficient to keep the rates solvent in perpetuity. He commented on the shifting of fixed charges from larger water users to smaller water users and that the burden is being improperly shifted to the residents. He agreed with Ms. Skinner regarding the use of the General Fund and reported that it appears that the City has not been using the General Fund to pay for its own use of the sewer system. In response to Council Member Peotter’s question, it was noted that City facilities do not pay for their sewer use. Mayor Pro Tem Muldoon expressed his support for the rebate, but stated that he is against the rate increase as he has received hundreds of emails from residents.
Motion by Council Member Selich, seconded by Council Member Curry, to conduct second reading and adopt Ordinance No. 2016-1, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Section 14.24.065 of Title 14 of the Newport Beach Municipal Code
Pertaining to Sewer Use Charge. The motion failed by the following roll call vote:
Ayes: Council Member Curry, Council Member Petros, Mayor Dixon Nays: Council Member Peotter, Council Member Duffield, Council Member Selich, Mayor Pro Tem Muldoon
16. ADA Access for Balboa Pier Fire Rings - Budget Amendment for Contract No. 6408
(Project No. 16M17) [38/100-2015] Council Member Peotter asked whether it is appropriate to ask Council to write a letter to the AQMD asking them to consider rescinding Rule 444. City Manager Kiff stated the intent of this item is to comply with the plan that was tentatively approved by the Coastal Commission. He suggested that the appropriate motion would be to bring the matter back for discussion at a future meeting. City Attorney Harp agreed it would need to be brought back to a future meeting and would not be something that Council could act upon at this time. Public Works Director Webb reported that this matter is to allocate the money to do the construction and that the item could be rebid or continued.
Motion by Council Member Peotter, seconded by Council Member Petros, to a) continue the item indefinitely; and b) direct staff to come back with a discussion item relative to sending a letter to AQMD in support of rescinding Rule 444. Council Member Curry noted this is a $60,000 expenditure mandated by Council Member Peotter’s plan, much to the opposition of residents affected by it. He added that the plan, which is basically the same as what had been adopted by a prior Council, has been approved by the Coastal Commission and is what the City should do, in good faith. He suggested moving the item forward. City Attorney Harp stated that a discussion regarding Rule 444 would need to come back to Council for discussion.
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Substitute motion by Council Member Curry, seconded by Council Member Selich, to approve Budget Amendment No. 16BA-032 appropriating $60,000 from the General Fund unappropriated fund balance to ADA Access to Fire Rings Project, Account No. 01001928-980000-16M17 to construct this work. The substitute motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon Nays: Council Member Peotter, Council Member Duffield, Mayor Pro Tem Muldoon
XVII. PUBLIC COMMENTS ON NON-AGENDA ITEMS Brad Humphreys, MetroPro Towing, commented on their service and empathy towards their customers. He addressed their facilities and their high score by the City and the Police Department. Additionally, he addressed the bid process and questioned the City’s transparency. He requested that someone on Council make a motion to reconsider assignment of the towing service contracts. Jim Mosher agreed with Council’s action to reconsider the sewer fee and rebate matter. He commented on potential irregularities in the City’s fee schedule and suggested that Council consider how residential trash collection is paid for in the City.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Curry announced that the Finance Committee will meet February 11, 2016 at 4:00 p.m.
XIX. PUBLIC HEARINGS
18. Appeal of Planning Commission Approval of Balboa Marina West Restaurant (201 East
Coast Highway) [100-2015]
Planning Program Manager Alford provided a PowerPoint presentation to discuss the appeal, project site, CUP and Site Development Review, surrounding properties and uses, parking, design and operational issues, the acoustical study, details of the appeal, and the City’s responses to issues brought forth in the appeal. Council Member Petros reported that Mitigation Measure MMN-1 not only required further acoustical analyses, but also set performance measures to weigh that analysis against. In response to Mayor Pro Tem Muldoon’s question, Planning Program Manager Alford stated that when the Mitigated Negative Declaration was analyzed, a maximum development scenario was included. City Attorney Harp added that the full CEQA analysis was done and was a larger envelope of what was actually approved. He noted that what was approved was inside the envelope of what was initially considered. Planning Program Manager Alford added that what was approved is below the maximum floor area allowed for that zone.
Mayor Dixon opened the public hearing. Paige Gosney, attorney representing the appellant, Linda Isle Homeowners Association, thanked Council for its consideration and focused on the Planning Commission’s decision to do away with one of the mitigation measures that was needed to mitigate the project’s noise impacts. He addressed the requirement of an acoustical study to verify they would be able to comply with the City’s noise ordinance. He listed measurements that the acoustical study failed to make, as well
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as mitigation measures that the Planning Commission rejected. He added that the City has an obligation to adopt and implement those mitigation measures that its own expert has determined are necessary and that the City should not allow the Planning Commission to do away with those mitigation measures. He asked that Council correct the Planning Commission’s error by reinstating the original controls and believed that failure to do so will expose the City to the project being overturned under CEQA. He asked that Council direct staff to conduct a new environmental review of the potential effects of the project and reinstate the full mitigation measures recommended by the City’s expert. In response to Council Member Selich’s question, Mr. Gosney reported that the Linda Isle Homeowners Association Board of Directors approved filing the appeal. In response to Council Member Peotter’s question, Planning Program Manager Alford reported that the recommendation from the acoustical analysis referred to the southwest corner. He stated that the Planning Commission recommended that the sliding glass door on that corner be replaced with a fixed window. Mr. Gosney stated that they want all of the glass doors and windows closed and full mitigation of noise impacts. Planning Program Manager Alford clarified that it was only dealing with the southwest elevation and that the acoustical engineer has not reviewed the modified plans. Dan Miller, The Irvine Company, applicant, commented on their work with residents and staff, and stated that many of the mitigation measures are a result of that work. He indicated that they agree to reinstate the mitigation measures relative to the southwest closure. He reported that they will also voluntarily place glazed glass along the whole south side, and have the windows be triple-glazed, as requested by the residents. Additionally, he addressed impacts on the seawall and agreed to do a pre- and post-inspection to ensure that the piles will not be impacted. Council Member Petros stated that mitigation for the south and west facings was to provide a lock system for the retractable wall. Mr. Miller reiterated their acceptance of returning to the original mitigation language. Planning Project Manager Alford commented on the original acoustical engineer recommendation. In response to Council Member Selich’s question, Mr. Miller reported that the residents’ request focused just on the south wall. Council Member Peotter asked whether Mr. Miller has worked with staff to modify the Conditions of Approval and he responded affirmatively. Margo O’Connor expressed concerns regarding the size of the building and the hours of operation. She commented on the acoustical study and noted that homeowners should have a reasonable expectation of going to bed at a reasonable hour. She noted that staff recommended that the sliding glass door on the south side be replaced with fixed windows and believed that the venue should be fully and permanently enclosed. She also expressed concerns with parking deficiencies, the glare from headlights, and noise. Bill O’Connor asked Council to continue this matter to have more meetings between residents and The Irvine Company. He stated that the primary problem is the 2:00 a.m. closure. He believed that the parking issue requires approval of a variance and commented on the number of alcohol licenses in the area. Maureen Santo spoke in support of Linda Isle residents and future residents of the Back Bay Landing. She addressed traffic impacts to Bayside Drive, including public safety issues. She
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added that no Bayside Village resident was notified of this meeting and urged Council to listen to residents and approve the appeal. Jim Mosher commented on the de novo hearing and agreed with residents in terms of parking deficits. He suggested possible solutions, which include having The Irvine Company build a parking structure, but believed that a better solution would be to approve a more modest restaurant. Paige Gosney urged Council to take the initiative to correct the errors by the Planning Commission. Council Member Peotter asked regarding the hours of operation and Mr. Gosney noted that issue was brief in their appeal letter and stated he trusts Council to address it appropriately. Mr. Miller noted that dancing will be prohibited and the venue is a restaurant, not a nightclub. He added that once an operator is identified, they will go through the City’s approval process and the hours of operation will be addressed during that process. Council Member Peotter asked whether the applicant would accept shutting down at 11:00 p.m. on weeknights. Mr. Miller indicated that this will be handled during a review if concerns arise. Planning Project Manager Alford reported that the operator will need to obtain an Operator’s License. He added that conditions on alcohol sales are under the purview of the Alcoholic Beverage Control (ABC). Discussion followed regarding operating hours of other restaurants in the area.
Hearing no further testimony, Mayor Dixon closed the public hearing.
Motion by Council Member Selich, seconded by Council Member Peotter, to a) find that a subsequent negative declaration to Mitigated Negative Declaration No. ND2013-002 is not required for the project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162; and b) adopt Resolution No. 2016-28, A Resolution of the City Council of the City of
Newport Beach, California, Upholding and Affirming the Planning Commission’s Approval of
Minor Site Development Review SD2015-003 and Conditional Use Permit UP2015-030 for a
Restaurant with Full Alcoholic Beverage Service and Live Entertainment, and a Reduction in
Required Off-Street Parking Located at 201 East Coast Highway (PA2015-113), and denying the appeal, and including additional provisions to 1) go back to original Planning Commission recommendation by staff regarding the southwest doors, 2) install triple-glazing along the south wall, and 3) conduct pre-inspections and post-inspections of the seawalls. Council Member Selich addressed the CEQA issue relative to the project being less impactful than originally demonstrated. He commented on the prior operation of the River Boat and noted this subject is a far superior project than what existed at that time. He addressed parking noting that it is not the burden of the land owner to solve the parking of other property owners. Additionally, he commented on the intent of the Operator’s License. Council Member Peotter stated that in Condition No. 19 no sliders are allowed. Planning Project Manager Alford stated that it was modified by the Planning Commission. Community Development Director Brandt confirmed for Council Member Peotter that the new Condition No. 19 will require the south wall to be triple-glazed and the southwest corner to be closed and locked.
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City Manager Kiff indicated that Operator’s Licenses are not brought before Council, but rather are approved by the Chief of Police. City Attorney Harp noted that the additional conditions which Mr. Miller approved, are voluntary, and not a mitigation measure to not reduce the project. He reported that there will be no need for additional environmental analysis. He noted that the amendments will go into the Conditions of Approval. Council Member Petros addressed the required parking and the amount of parking the venue will provide. He added that they have a plan to address parking issues as they arise. Council Member Selich agreed. Mayor Dixon commended The Irvine Company for their outreach to homeowners and cooperating to modify their original design. Council Member Selich noted that The Irvine Company has worked hard to satisfy Linda Isle residents. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
19. Former City Hall Complex Land Use Plan Amendments for the Lido House Hotel
Located at 3300 Newport Boulevard and 475 32nd Street (C-5567) [38/100-2015]
Community Development Director Brandt noted that this item is before Council because staff had inadvertently previously omitted language.
Motion by Council Member Petros, seconded by Council Member Selich, to a) find that all significant environmental concerns for the proposed project have been addressed in the previously certified Lido House Hotel Final Environmental Impact Report (SCH#2013111022), and that the changes reflective of the Coastal Commission’s certification of LCP-5-NPB-14-0831-3 are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent environmental analysis does not need to be prepared; b) rescind Resolution Nos. 2014-81 and 2015-104 as they are not consistent with the California Coastal Commission’s certification of LCP-5-NPB-14-0831-3 with suggested modifications; and c) adopt Resolution No. 2016-29, A Resolution of the City Council of
the City of Newport Beach, California, Accepting the Suggested Modifications from the California
Coastal Commission (LCP-5-NPB-14-0831-3) and Approving Revised General Plan Amendment
No. GP2012-002 and Revised Coastal Land Use Plan Amendment No. LC2012-001 for the Former
City Hall Complex Located at 3300 Newport Boulevard and 475 32nd Street (PA2012-031).
Mayor Dixon opened the public hearing. Jim Mosher believed that the area has a history of buildings being over the height limit. He addressed Coastal Commission consideration and local approval. He believed that residents are becoming irritated over the proliferation of tall buildings in the City and that continuing this practice may result in a voter revolt, similar to Measure Y.
Hearing no further testimony, Mayor Dixon closed the public hearing.
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Council Member Selich explained the reason the Coastal Commission granted a variance in the building height. Council Member Peotter stated that he does not have a problem with the height, but took issue that the City raised the height limit for its own property and not for other property owners who are trying to do the same type of project. He believed that the lease agreement is not very good, but applauded the use of the land and indicated that he cannot wait to see the hotel built. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
XX. CURRENT BUSINESS
20. Modify Permit Parking Hours on Margaret Drive [100-2015]
Council Member Petros recused himself because his residence is within 500-feet of this
issue and departed the Chambers. Tony Melum urged Council to approve staff’s recommendations and addressed parking problems they have experienced. Jeff Chandler commented on parking problems in the area and spoke in support of the proposed changes. Jim Mosher believed that the rule has no effect unless it will be enforced. He questioned the effectiveness for enforcement, specifically on Sundays, and commented on the criteria to enact a residential parking permit program. He wondered if there is enough of a problem to pay someone to enforce this matter.
Motion by Council Member Curry, seconded by Mayor Pro Tem Muldoon, to a) adopt Resolution No. 2016-30, A Resolution of the City Council of the City of Newport Beach, California,
Limiting the Parking of Vehicles on Certain Streets and Rescinding Resolution No. 2009-62; b) adopt Resolution No. 2016-31, A Resolution of the City Council of the City of Newport Beach,
California, Limiting the Parking of Vehicles on Margaret Drive, between the hours of 8:00 a.m. and
6:00 p.m. every day, except holidays, to one (1) hour on Margaret Drive from Irvine Avenue, to and
including 2322 on the north side, and 2323 on the south side of Margaret Drive; and c) introduce Ordinance No. 2016-3, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Subsection 12.68.060(B) of the Newport Beach Municipal Code Regarding
the Residential Parking Permit Program for the Newport Heights and Cliff Haven, approving
revisions to the Preferential Parking Zone “2”, and pass to second reading on February 23, 2016. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Mayor Pro Tem Muldoon, Mayor Dixon Recused: Council Member Petros
21. OCTA Bus Service Plan Revisions [100-2015]
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City of Newport Beach
Study Session and Regular Meeting
February 9, 2016
Volume 62 - Page 574
Council Member Petros thanked staff and the OCTA for their presentation during Study Session. He summarized their proposal and urged the City to work with the OCTA to support their efforts while making progress in terms of local transportation projects, like using shuttle services.
Motion by Council Member Petros, seconded by Council Member Curry, to provide direction to staff regarding any comments that may be submitted to OCTA in response to and support of its OC Bus 360 Plan. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
XXI. MOTION FOR RECONSIDERATION
Motion by Council Member Petros to reconsider the towing operation and, at least, have the RFP or bid recirculated so that providers can resubmit their proposals. City Attorney Harp noted that, based on the minutes of the January 26, 2016 City Council meeting, Council Member Petros voted in opposition to the matter and, therefore, is not able to request a motion for reconsideration. Council Member Petros noted that his comments stand and hoped that, in the future, Council will abide by the rules Council has set.
XXII. ADJOURNMENT - 8:55 p.m.
The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
February 4, 2016, at 4:00 p.m.
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Recording Secretary
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Mayor
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City Clerk
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