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HomeMy WebLinkAbout10/25/2011 - Regular MeetingCity Council Minutes City Council Regular Meeting October 25, 2011 — 7:00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL - 5:30 p.m. Present: Council Member Hill, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry Excused: Council Member Rosansky, Council Member Daigle Council Member Rosansky arrived at 5:32 p.m. and Council Member Daigle arrived at 5:40 p.m. III. PUBLIC COMMENTS REGARDING CLOSED SESSION - None IV. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Two (2) matters: 1. Pacific Shores Properties, LLC, et al v City of Newport Beach Newport Coast Recovery, LLC, et al v City of Newport Beach United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09- 00701 -JVS (RNBx) United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461 2. Banning Ranch Conservancy v. City of Newport Beach et al. Orange County Superior Court Case No.: 30 -2010- 00365758- CU- WM -CXC B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: (Initiation of litigation pursuant to Government Code § 54956.9(c)): Three (3) matters. C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading Agency Designated Representatives: Dave Kif£ City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and Negotiator Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Fire Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); and Fire Management Association (FMA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); Newport Beach Part -Time Unit (UPEC, Local 7 77) Volume 60 - Page 273 City of Newport Beach City Council Minutes October 25, 2011 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle VIII. CLOSED SESSION REPORT City Attorney Harp reported that the City Council authorized the City Attorney's Office to initiate litigation against Newport Patient Center and David Jalali, Trustee of the David Jalali Living Trust 2004, the owner of the property at 6000 W. Coast Highway to abate violations of the Zoning Code and nuisance conditions at this property related to the operation of a medical marijuana dispensary. City Attorney Harp also reported that the City Council authorized the City Attorney's Office to initiate litigation against Banshee Construction Company and the Cooley Group related to the contract for the purchase and installation of a floating cover for the Big Canyon Reservoir. IX. PLEDGE OF ALLEGIANCE - Council Member Curry X. INVOCATION - Jim de Boom, Newport Mesa Irvine Interfaith Council XI. PRESENTATIONS - None XII. ' NOTICE TO THE PUBLIC XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) Council Member Daigle reported that the U.S. Army Corps of Engineers will be announcing the bids for the Lower Bay Dredging Project on Friday, October 28; discussed the progress of the Rhine Channel Dredging Project; and stated that the dredging at the American Legion marina will be completed soon. She discussed the Central Library addition and announced that the library will reopen on Monday, October 31. She reported that the City of Costa Mesa will be reviewing a helipad issue in March 2012 and announced that the Aviation Committee will be meeting on Monday, October 31. Council Member Hill stated that he was pleased to see the Balboa Peninsula featured on the cover of the November /December issue of Westways Magazine. Mayor Pro Tem Gardner reported receiving an email regarding fishing from bridges and encouraged staff to look into the matter. Mayor Henn reported that he provided welcoming remarks at the NAACP State Convention on October 20, attended the Lifeguard Appreciation Evening at the Newport Dunes Resort, and attended the ExplorOcean Nautical Museum's 25th Anniversary Event where the $40 million renovation plans were unveiled. He announced an upcoming meeting of the Balboa Village Citizens Advisory Panel (CAP) on October 26 at the ExplorOcean Nautical Museum at 4:00 p.m. He also announced an Exchange Club Movie Premiere Showing at the Lido Theater on October 27 at 5:30 p.m., noting that proceeds from the event will go to the Child Abuse Prevention Center. He reminded the public that the moratorium on gas - powered leaf blowers will end on November 11, Volume 60 - Page 274 City of Newport Beach City Council Minutes October 25, 2011 and encouraged residents to speak with their gardeners to ensure compliance. He requested a future staff report relative to the procedures for filing appeals on Planning Commission and Zoning Administrator actions. XIV. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF OCTOBER 11, 2011. [100 -20111 Waive reading of subject minutes, approve as written, and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only pursuant to Charter Section 412. B. ORDINANCE FOR ADOPTION 3. FLETCHER JONES VEHICLE STORAGE FACILITY (PA2011 -076) - 1301 QUAIL STREET. [100 -20111 Conduct second reading and adopt Ordinance No. 2011 -24 relating to Planned Development Amendment No. PD2011 -002 to allow vehicle storage as a conditionally permitted use on Hotel Site 2B of PC -11 (Newport Place Planned Community). Mayor Pro Tern Gardner voted no on this item. C. RESOLUTIONS FOR ADOPTION 4. TEMPORARY CHANGE TO THE REGULATIONS ON THE DURATION OF PROMOTIONAL TEMPORARY BANNERS (PA2011 -176). [100 -20111 Adopt Resolution No. 2011 -97 allowing businesses to display promotional temporary banners for up to eight (8) times per calendar year not to exceed 120 days total through December 31, 2013. CITY ATTORNEY'S OFFICE STAFF REORGANIZATION. [381100 -20111 a) Pursuant to Municipal Code Chapter 2.28, adopt Resolution No. 2011 -98, recommended by the City Manager, eliminating two vacant Department Assistant positions, one part -time Deputy City Attorney position and amending the Classification Plan to create, and recruit, a new Legal Assistant position; and b) pursuant to City Council Policy F -20, authorize the City Attorney to enter into an agreement with former part -time Deputy City Attorney Cathy Wolcott for legal and professional services (C- 4986). D. CONTRACTS AND AGREEMENTS 6. APPROVAL OF MAINTENANCE AGREEMENT FOR CITY SEWER LINE ROOT CONTROL SERVICES (C- 4571). [381100 -20111 Approve the maintenance agreement for as- needed sewer line root control with Duke's Root Control, Inc. for a term of two years and an amount not to exceed $150,000.00. BALBOA THEATER POTENTIAL LEASE AMENDMENTS AND PROPOSED BEACH FESTIVAL DISCUSSION (C- 3248). [381100 -20111 a) Continue consideration of the Lease Amendment to a future meeting; and b) waive Council Policy B -13 to allow alcohol to be sold at the Balboa Theater Beach Festival fundraiser event tentatively set for Fall 2012 at Peninsula Park Field Volume 60 - Page 275 City of Newport Beach City Council Minutes October 25, 2011 contingent upon all conditions of the Special Event Permit process being met. E. MISCELLANEOUS 8. PLANNING COMMISSION AGENDA FOR OCTOBER 20, 2011. [100 -20111 Receive and file written report. 9. HUMAN SERVICES GRANTS FOR 2011 -2012. [100 -20111 Authorize the allocation of $25,000 in Human Services Grants in the following manner: Youth Employment Services (Harbor Area) - $ 4,500 Serving People In Need (SPIN) - $4,000 Orange County Council on Aging - $5,000 Advocates for Grandparent - Grandchild Connection - $3,500 Central Orange Coast YMCA - $4,500 Newport Harbor High School - $3,500 Motion by Mavor Pro Tern Gardner, seconded by Council Member Rosanskv to approve the Consent Calendar; and noting the No vote by Mayor Pro Tem. Gardner on Item 3. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS Dave Simon encouraged Council to consider an ordinance similar to one recently passed in the Citv of Irvine banning the sale of dogs and cats in retail stores. Kelly Sawyer displayed photos of pet store puppies and violations of pet stores in Newport Beach. She urged Council to allow CATS to do a comprehensive report for the City which will provide a humane pet store conversion program and recommendations to the City. Amy David spoke on behalf of pets in the City and against the practices of I Heart Puppies which she believes is in the business of selling puppies from puppy mills. Brenda Calvillo read a letter from an eight -year old boy whose mother purchased a sick kitten from a Newport Beach pet store. Susan Bradford, co -owner of I Heart Puppies, stated that they do not buy puppies from puppy mills, stated that they are doing their best to rescue animals, and offered to provide any necessary information that Council requests. Alicia Koberstein expressed concern that Newport Beach has businesses that support cruelty to animals. She commended the City of Irvine's recent ban on the sale of dogs and cats in retail stores and encouraged the City to follow suit. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Selich reported that he attended the Neighborhood Revitalization Committee meeting on October 13 where the Lido Marina Village Design Guidelines were discussed. In addition, he provided updates on the Central Balboa plan to refine the vision statement and Volume 60 - Page 276 City of Newport Beach City Council Minutes October 25, 2011 Corona del Mar Citizens Advisory Panel's discussion to move the lane transition to the west side of Avocado Avenue. He also provided an update on the Bristol Street landscaping project where suggestions were received on expanding some of the landscaped areas. Mayor Henn reported that he attended the Tidelands Management Committee meeting on October 19 where they discussed sources of revenues and expenditures associated with the Tidelands Fund. XVIII. PUBLIC HEARINGS 10. FORMER BUBBLES RESTAURANT APPEAL - CONDITIONAL USE PERMIT NO. UP2011 -012 (PA2011 -062) - 111 PALM STREET. [100 -20111 Assistant Planner Nova provided a PowerPoint presentation addressing the location: request to re- establish the restaurant use and a Type 27 Alcohol License; and request to waive the required on -site parking. She discussed the location, existing conditions, nearby off -site parking, approval of the project by the Planning Commission, and appeal by Terry Jones who is representing the property owner to the south, John Hurry. She highlighted information on zoning, site plan, parking on the property, floor plan, hours of operation, review of the application by the Police Department, and the operator license. In addition, she reported that she received two letters in support of the project, as well as two letters in opposition. Terry Jones, representing adjacent property owner John Hurry, listed eight reasons for the appeal, including preferential. treatment to the owner applicant, public nuisance created by noise and disturbance, alcohol licenses per capita in the area, and the crime rate. She believed that the application is misleading, noted that there is no specific business associated with the property, and stated that an appraisal should be conducted. She believed that residential property values in the immediate area will suffer. Carol McDermott, Government Solutions, believed that the re- establishment of the site will contribute to the revitalization of the area and affirmed agreement with the Conditions of Approval. She emphasized that the property owner feels strongly that a Use Permit goes with the property and requested concurrence with the Planning Commission's decision. In response to Mayor Henris question, Ms. McDermott stated that the property has been used for various businesses, has not been a restaurant in years, the infrastructure for a restaurant has been retained, several offers are currently on the table, and the exterior will be refurbished. Mayor Pro Tem Gardner expressed concern with the lack of parking and for setting conditions for an unknown operator. Council Member Hill noted that the amount of public parking available in that area has increased. Mayor Henn opened the public hearing. Craig Smith expressed support for permitting a quality restaurant on the site and disagreed with the concept that a restaurant would lower property values. In response to Mayor Pro Tem Gardner's questions, Community Services Director Brandt noted that the application is for re- establishment of a formerly operating business and the use is not expanded nor will it require Coastal Commission consideration. Assistant Volume 60 - Page 277 City of Newport Beach City Council Minutes October 25, 2011 Planner Nova added that there is a reduction in the parking requirement and that the applicant would agree to purchasing parking passes to park in a municipal lot. Council Member Daigle expressed support of the re- establishment as a way of helping revitalize the area. George Schroeder spoke in favor of the Conditional Use Permit. In response to Council questions, Ms. McDermott clarified the requirement for approval by the Coastal Commission relative to the Balboa Theater. Jim Mosher expressed concern with the application for a hard liquor license and the lack of a parking plan. He suggested that an affordable ocean- thenued family restaurant be added, recommended postponing placing conditions on the property until it becomes clear that a compatible tenant is identified, and inquired about the importance of receiving Coastal Commission approval. James F. Gucciardo, property owner of the adjoining building on the west side, noted that his property is mixed -use. He stated that he would welcome an eating establishment, but expressed concern about it containing a bar. He believed that having a restaurant/bar would negatively impact his tenants and business. Robert Duff reported that he owns a unit directly across from the subject property that has a patio facing Palm Street and expressed concerns regarding loud noise associated with the proposed restaurant. He commended Council on zoning issues in the area and believed that another bar /restaurant is not needed in the area. W.R. Dildine discussed the number of alcohol licenses in the area, but expressed support for the project. Hearing no further testimony, Mayor Henn closed the public hearing. Mayor Pro Tem Gardner expressed concern regarding possible noise impacts and suggested adding conditions for abating noise. In response Council Member Curry's question, Community Development Director Brandt reported that once the operator is identified, the operator will be required to obtain an operators permit. She confirmed that the Conditional Use Permit (CUP) will stay with the land and if noise becomes a public nuisance, the City has the option of establishing additional conditions of approval. Council Member Hill discussed the previous restaurantfbar and believed that Council is trying to solve issues that currently do not exist. Council Member Curry believed that Council should take appropriate action to encourage the development. Motion by Council Member Curry, seconded by Council Member Daigle to adopt Resolution No. 2011 -99 upholding the Planning Commission's approval of Conditional Use Permit No. UP2010 -036, subject to findings and conditions. Discussion ensued regarding fair share fees and the requirement of the fee with the change in intensity. Discussion continued relative to Condition No. 43 regarding the prohibition of entertainment and dancing. Volume 60 - Page 278 City of Newport Beach City Council Minutes October 25, 2011 Council Member Hill recommended amending the motion to delete Condition No. 43 from the Conditions of Approval. Amended motion by Council Member Curry, seconded by Council Member Daigle to adopt amended Resolution No. 2011 -99 upholding the Planning Commission's approval of Conditional Use Permit No. UP2010 -036, subject to findings and conditions, with the deletion of Condition No. 43. Mayor Henn expressed concerns with the alcohol license, noted that the closing hours should be limited to midnight, addressed the operator's license requirement which could include mitigation of excessive noise in the future, and expressed opposition to live entertainment. Substitute motion by Council Member Rosanskv, seconded by Mayor Pro Tem Gardner to adopt Resolution No. 2011 -99 upholding the Planning Commission's approval of Conditional Use Permit No. UP2010 -036, subject to findings and conditions. The substitute motion carried by the following roll call vote: Ayes: Council Member Hill. Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Curry, Council Member Daigle Noes: Council Member Selich 11. VACATION OF A SEWER EASEMENT AT 715 ST. JAMES ROAD. (100 -20111 Mayor Henn opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Curry, seconded by Mayor Pro Tem Gardner to adopt Resolution No. 2011 -100 ordering the vacation of a 10 -foot wide sewer easement at 715 St. James Road, direct staff to process the vacation, and direct the City Clerk to have the Resolution recorded by the Orange County Recorder's Office. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 12. APPEAL - MACARTHUR BOULEVARD AT 4221 DOLPHIN STRIKER WAY (PA2010 -135). (100 -20111 Council Member HIlI indicated that he was surprised when the Planning Commission denied the request since he believes that the project would help revitalize the non- conforming area. Associate Planner Ung presented a PowerPoint presentation to discuss the project location, site plan, parcels, shared parking arrangement, and consideration by the Planning Commission to redevelop the subject property. She indicated that the Planning Commission's denial was based on the increase in intensity of use, parking lease relevancy to the zoning code, justification for the modification permit to allow relief from landscaping standards, new access from MacArthur Boulevard, and possible interruption to traffic flow. She addressed the appeal by Council Member Hill and modifications by the applicant in response to the appeal. She noted that the parking waiver has been reduced from 91 to 81. spaces, addressed the surplus of nine parking spaces under the shared parking Volume 60 - Page 279 City of Newport Beach City Council Minutes October 25, 2011 arrangement. summarized the modifications made to the project by the applicant, listed entitlements required for consideration by Council and project applications, presented the modified site and landscaping plan, and referenced. studies in connection with the project and options available to Council. Tod Ridgeway, applicant, reported that the site was originally designed for large groups of people at an "A" level of service, noted that it used to be a freeway, and highlighted the importance of access and circulation for users. In response to Mayor Pro Tem Gardner's question, Tod Stoutenborough, architect, provided a PowerPoint presentation addressing the site and stated that the parcel has suffered because of how it was originally designed. He presented a striping plan, noted the architecture is compatible with the area, and addressed the addition of palm trees, a grade change, access pursuant to the Americans with Disablities Act (ADA), and elevations. Mayor Henn opened the public hearing. Jim Mosher expressed concern about the process, waivers, deviations, and exemptions from the City's development standards for this as well as the Mariner's Pointe project. He addressed the Planning Commission's denial and believed that the revised proposal should be returned to the Planning Commission for review. He acknowledged the concerns of the Planning Commission about establishing a non - signalized intersection and urged Council to request the applicant to make the necessary modifications /corrections and present the proposal to the Planning Commission. Dan Purcell presented a video regarding an incident that happened in the parking lot. He believed that the tragedy could have been prevented and reported negatively on the management of Mr. Ridgeway. Ray Cory, owner of Classic Q, expressed support for the project. Mr. Ridgeway reported that he had no control over the building when the incident occurred and responded regarding the tragic incident portrayed in the video. He further discussed the one -year term for off -site parking. Hearing no further testimony, Mayor Henn closed the public hearing. Discussion ensued relative to waiving the development agreement. Motion by Council Member Daigle, seconded by Council Member Hill to reverse the Planning Commission's decision and adopt Resolution No. 2011 -101 approving the revised project by: 1) adopting the Mitigated Negative Declaration, including the Errata and Mitigation Monitoring and Report Program; 2) finding that, based on the weight of evidence in the administrative record, including Traffic Study No. TS2011 -002, that the project complies with the Traffic Phasing Ordinance (TPO); 3) approving Transfer of Development Rights No. TD2010 -002, Conditional Use Permit No. UP2011 -026, Modification Permit No. Mn2011 -014; and Waiver of Development Agreement, subject to findings and conditions; and 4) introduce Ordinance No. 2011 -25 approving Planned Community Development Plan Amendment No. PD2010 -007, and pass to second reading on November 22, 2011 (contingent on the Airport Land Use Commission action which tentatively is scheduled to meet on November 17, 2011). Associate Planner Ung noted that Condition No. 2 can be eliminated Volume 60 - Page 280 City of Newport Beach City Council Minutes October 25, 2011 Amended motion by Council Member Daigle, seconded by Council Member Hill to reverse the Planning Commission's decision and adopt amended Resolution No. 201.1 -101 approving the revised project by: 1) adopting the Mitigated Negative Declaration, including the Errata and Mitigation Monitoring and Report Program; 2) finding that, based on the weight of evidence in the administrative record, including Traffic Study No. TS2011 -002, that the project complies with the Traffic Phasing Ordinance (TPO); 3) approving Transfer of Development Rights No. TD2010 -002, Conditional Use Permit No. UP2011 -026, Modification Permit No. Mn2011 -014; and Waiver of Development Agreement, subject to findings and conditions, with the deletion of Condition No. 2; and 4) introduce Ordinance No. 2011 -25 approving Planned Community Development Plan Amendment No. PD2010- 007, and pass to second reading on November 22, 2011 (contingent on the Airport Land Use Commission action which tentatively is scheduled to meet on November 17, 2011). The amended motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 13. ANNUAL REVIEW OF DEVELOPMENT AGREEMENT NO. 14 (NEWPORT COAST) (PA2011 -030) (C- 3432). [381100 -20111 Motion by Council Member Curry, seconded by Mayor Pro Tern Gardner to a) find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and c) receive and file the annual report of the Annexation and Development Agreement. Mayor Henn opened the public hearing. Jim Mosher inquired whether Newport Coast was built -out and expressed concerns with the number of visitor- serving units. City Manager Riff confirmed that Newport Coast was built -out. Hearing no further testimony, Mayor Henn closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tern Gardner, Mayor Hems, Council Member Selich. Council Member Curry, Council Member Daigle Absent: Council Member Rosansky 14. CITY COUNCIL REDISTRICTING. [33/100 -20111 City Manager Riff reported that this is the thud Council meeting in which redistricting will be discussed and reported that Council Member Daigle notified him regarding a potential amendment. Council Member Daigle reported that the proposed change would maintain the commercial area and the zero population area in District 4. She inquired whether there was a way to include those areas back into District 4 and referenced Option 5 which would retain those areas in District 4. Staff presented the various redistricting options available to Council and their respective population numbers. Discussion followed regarding pros and cons relative to the various options, the desire to Volume 60 - Page 281 City of Newport Beach City Council Minutes October 25, 2011 keep neighborhoods together, and the need for public input should another proposal be considered. Mayor Henn opened the public hearing. Jim Mosher expressed concern relative to the omission of the legal descriptions associated with the redistricting map. He also requested and received clarification relative to live - aboards being a part of District 1. Planning Manager Alford stated that he will include descriptive text of the boundaries in the ordinance exhibit. Hearing no further testimony, Mayor Henn closed the public hearing. Motion by Mayor Pro Tern Gardner, seconded by Council Member Curry to b) introduce Ordinance No. 2011 -26 approving the City Council Redistricting Committee's proposed changes to the City Council District boundaries, and pass to second reading on November 8, 2011. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry Noes: Council Member Daigle XDf. MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - Adjourned at 9:36 p.m. in memory of Randall Decker and Donald Swanson The agenda for the Regular Meeting was posted on October 20, 2011, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. i �� Recording Se etary Volume 60 - Page 282