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HomeMy WebLinkAbout01 - Minutes - AmendedMay 26, 2020 CITY OF NEWPORT BEACH Agenda Item No. 1 City Council Minutes Special Emergency Meeting April 30, 2020 I. CALL THE MEETING TO ORDER - 5:15 p.m. II. ROLL CALL Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon III. INVOCATION — Mayor O'Neill IV. PLEDGE OF ALLEGIANCE — Council Member Muldoon V. PUBLIC COMMENTS ON AGENDA ITEMS nn a�T.:. Ruben Figueroa inquired about the possibility of submitting the weekend closure plan that was discussed on April 28, 2020, to Governor Newsom for approval. Jeff Newman suggested limiting access to all beach areas to residents only and strictly enforcing social distancing as opposed to a full beach closure. 44 ,,..;a .i44 .a speaker -Brenda McCroskey read a letter she sent to Council regarding supporting the weekend beach closure. An unidentified speaker expressed his appreciation for all of Council's hard work. Buzz expressed his opinion that more locals were in favor of closing the beach and opposed large gatherings. Jessica Hogan asked if Council had considered issuing resident permit parking to mitigate the lack of available parking spaces for residents due to out-of-town beach attendees. David Thalberg stated he is uncertain whether Council has the authority to bypass Governor Newsom's latest order and expressed his support for beach closures. Nancy Scarbrough inquired about an opportunity to discuss a compromise to keep the beaches open with the Governor's office. Dorothy Kraus believed the City should follow the Governor's latest order and keep the beaches closed. Joanne expressed her concern regarding social distancing and suggested Council enforce it by issuing citations. Grant Reynolds hoped Newport Beach follows the Governor's guidelines to close the beaches in order to curb the Coronavirus infection rate. Bridget Collin supported the idea of resident parking permits and indicated she would like to see the beaches open for everyone. Volume 64 - Page 380 City of Newport Beach Special Emergency Meeting April 30, 2020 Diane advocated for keeping the beaches open. Marley Butler -Huntley believed Council should have closed the beaches on the weekends. Lisa expressed her concern for social distancing in her neighborhood and supported following the Governor's order to close the beaches. David Beek thanked Council for their service and expressed his support for local businesses that benefit from keeping the beach open. Bob Olson believed that beaches are important for a sense of health and well-being. Will Lincoln thanked Council for their efforts and hoped they will support allowing activity on the beach, such as running, walking, and surfing. In response to Mike Glenn's question, Mayor O'Neill reported that Council received the Governor's order 12 minutes before the meeting started. Mr. Glenn expressed his opposition to closing beaches because it is his belief that the decision is unconstitutional, punitive, and unhealthy. Matt Bridges noted his support for an active -only beach opening. City Attorney Harp reported a majority of Council must determine that Governor Newsom's order to close all beaches throughout Orange County severely impairs public health, safety, or both. Further, pursuant to Government Code Section 54957, Council needs a two-thirds vote to go to Closed Session during an emergency meeting. Mayor O'Neill indicated one aspect of Government Code Section 54957 is a threat to public access to public facilities; expressed his concerns for shutting down the beaches and the potential impact on Peninsula residents, and noted he called the special meeting in light of Governor Newsom's order. He reported that Council was invited on a phone call with the California Governor's Office of Emergency Services (Cal-OES) and a representative indicated they look forward to working with local elected officials and believed this is a temporary pause for the weekend, but noted that the directive did not indicate an end date. City Attorney Harp clarified that the Governor has ordered the closure of all Orange County beaches starting May 1st, including no public access to restrooms, parking facilities or recreational boats, and no activities are permitted on the beach, including sunbathing, walking, running or water sports. He noted that, with respect to harbor use, the order specifically mentioned beaches. Motion by Mavor O'Neill, seconded by Council Member Duffield, to declare the need for the emergency meeting, pursuant to Government Code Section 54957. The motion carried unanimously. In response to Mayor O'Neill's question, City Attorney Harp advised that Government Code Section 54957 requires a two-thirds vote to go into Closed Session. Motion by Mavor O'Neill, seconded by Mavor Pro Tem Averyto authorize the City Council to go into Closed Session. In response to Council Member Brenner's question, Mayor O'Neill indicated a Closed Session is needed to discuss the legal issues. Council Member Muldoon stated there are all sorts of things the Council needs to be aware of, such as crowd control, public safety, and law enforcement detail. Volume 64 - Page 381 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 12, 2020 I. ROLL CALL - 4:00 p.m. Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon II. INVOCATION - Mayor O'Neill III. PLEDGE OF ALLEGIANCE - Council Member Duffield IV. NOTICE TO THE PUBLIC V. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Dixon: • Announced she joined many of the Council Members, who supported the procession for Detective Jon Jarema as it drove from Hoag Hospital to Pacific View Memorial Park Council Member Muldoon: Announced the Ad Hoc Committee to Reopen Businesses, composed of Mayor O'Neill, Council Member Dixon and himself, have met to discuss regulations for businesses to reopen; he and his family watched the procession for Detective Jarema and appreciated the solidarity shown by other police departments Referenced an ABC 7 video which highlights Newport Beach American Legion Post 291's food takeout and encouraged residents' support Council Member Brenner: • Provided an update on the Homeless Ad Hoc Committee meeting Mayor Pro Tem Avery: • Attended the Operations Committee meeting of the Orange County Sanitation District last month • Viewed Detective Jarema's procession from the Balboa Bay Resort Mayor O'Neill: • Referenced a Power Point slide to announce that special event and community program grant opportunities are open • Announced Council will resolve conflicts so that restaurants with outdoor patios may reopen VI. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Dixon, addressing Item No. 10, Underground Utility Assessment District No. 117, commended District residents, Patti Gorczyca, and the Public Works department. Council Member Muldoon recused himself from Item No. 10, Underground Utility Assessment District No. 117, due to a business conflict. He stated he would vote "no" on Item No. 11, Bonita Canyon Drive and Ford Road Pavement Rehabilitation, unless other Council Members continue or remove it from the Consent Calendar. He further stated he would vote "no" on Item No. 12, Community Room Audio -Visual Improvements, because he believed the improvements are not necessary. Jim Mosher believed the Harbor Commission had not reviewed the language proposed in Item No. 7, an Amendment to the City Charter, and requested clarification. Volume 64 - Page 385 City of Newport Beach Regular Meeting May 12, 2020 b) Approve On -Call Professional Services Agreements with Moffatt & Nichol (C -8546-2A), Anchor QEA, LLC (C -8546-3A), and Noble Consultants, Inc. (C -8546-1A), with each agreement being for a term of three -years and a total not -to -exceed amount of $300,000, and authorize the Mayor and City Clerk to execute the agreements. MISCELLANEOUS 16. Planning Commission Agenda for the May 7, 2020 Meeting [100-2020] Receive and file. Motion by Mavor Pro Tem Avery, seconded by Council Member Brenner, to approve the Consent Calendar; noting the recusal by Council Member Muldoon on Item No. 10, the "no" votes on Item No. 11 and Item No. 12, and the amendments to Item No. 1. The motion carried unanimously. VIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None IN. CURRENT BUSINESS 17. Emergency Ordinance Nos. 2020-003 and 2020-004: Review and Consider Extending the Prohibition on Short -Term Lodging Activity [100-2019] Council Member Dixon indicated that she would like to make a motion to require a three -night minimum stay that would expire on June 16, 2020 or the end of the emergency, whichever occurs first, and that the prohibition would continue on Newport Island. She noted widespread support to end the prohibition and added that Newport Island is a unique situation and lifting the ban at this time should not apply to it. Mayor Pro Tem Avery expressed support for the three -night minimum stay but expressed concern with singling out one area. Mayor O'Neill shared the same concern about an exemption for Newport Island and noted that density in Newport Island is not much more than on Balboa Island, Corona del Mar, or the Peninsula. Council Member Duffield indicated the difference on Newport Island, compared to other areas, is the availability of parking and its impact on the Island. Mayor O'Neill clarified that Council is restricting this on an emergency basis. Council Member Dixon relayed concerns from residents regarding parking enforcement on Newport Island and noted potential reforms for short-term rentals. Council Member Brenner noted the complexity of this issue and stated that she would be in favor of the motion with a three -night minimum stay and exempting Newport Island at this time. Mayor Pro Tem Avery expressed concern with potentially creating a faulty policy in making an exception of this nature and mentioned the possibility of further research before reaching a decision. Community Development Director Jurjis reported requesting a waiver specifically for Newport Island from the Coastal Commission would be a challenge for staff. In response to Mayor O'Neill's question, Community Development Director Jurjis advised that the Fire Department has not complained of access issues on Newport Island. Council Member Herdman suggested a waiver could also bej ustified by the unusual current circumstance of the pandemic and a high concentration of short-term rentals in a small area in terms of ingress and egress traffic. Volume 64 - Page 389 City of Newport Beach Regular Meeting May 12, 2020 Jim Mosher believed the language regarding a three -night minimum is incorrect and noted alternatives requiring a minimum time between each booking or a minimum no -occupancy interval. Connie Adnoff, Beachview Realty Company co-founder, advised that the company only allows three - night minimums due to cost factor and fewer nights suggest a party; stated her support of a three - night minimum stay; and believed that it should be possible to regulate or pull a property's permit if they do not follow ordinances or become a chronic nuisance. Chris Nieilson commended Council on their efforts and noted his support for allowing short-term lodging; hoped to receive clear guidance following the meeting; and indicated units in the residential multifamily zone should be allowed. Chuck Cortright, founder and owner of Spa Gregorie's, related that over half of his short-term rentals are at least a week; noted that cleaning in between occupants can be accomplished in the same day; and asked Council to reconsider the three-day minimum and expand it. In response to Craig Batley's question, Mayor O'Neill clarified that the current emergency ordinance banning short-term lodging throughout the City runs until May 20, 2020. The motion, if passed, would ban only one or two -night stays through June 16, 2020 or the end of the emergency order, whichever occurs earlier. Craig Batley supported the motion and believed the impact of short-term lodging on the Peninsula, compared to overall visitors, is insignificant. Council Member Dixon believed the expiration of the ordinance should be driven by the emergency rather than a self-imposed date. Shannon Horan, Abrams Coastal Properties, supported lifting the ban but preferred it take effect immediately. An unidentified resident stated his support of a three -night minimum and suggested lifting the ban immediately to accommodate summer rentals. Rick noted various concerns and believed that vacations are not essential services. Denys Oberman summarized her correspondence; believed the number of minimum nights should be expanded; and asked Council to thoughtfully consider the modifications for short-term lodging. Donald Abrams thanked Council for making this item a priority; stated his support of a three-day minimum; and suggested a separate motion to continue the ban on short-term lodging on Newport Island. Cindy McColley, Newport Beach visitor, requested clarification of the three -night minimum beginning May 20. Scott Carpenter, iTrip Vacations, thanked staff and Council; supported a three -night minimum and urged Council not to consider time between rentals. Alex Batley noted his success with providing two night minimum rental stays to occupants. Chris spoke in favor of removing the ban and inquired if Council members were concerned about public safety. Carmen Rawson supported the motion with a three -night minimum and believed occupying short- term lodgers on the Peninsula does not increase risk. Volume 64 - Page 390 City of Newport Beach Regular Meeting May 12, 2020 and adopt Emergency Ordinance No. 2020-003, An Emergency Ordinance of the City Council of the City of Newport Beach, California, Extending the Restrictions Set Forth in Emergency Ordinance No. 2020-1 Prohibiting the Rental of Any Lodging Unit on Newport Island for a Period of Thirty (30) Consecutive Days or Less, to Any Person Other than a Medical Professional or Emergency Responder Coming to the City of Newport Beach to Aid with the COWD-19 Outbreak Mayor Pro Tem Avery would support the motion during the emergency, but not after the emergency. Council Member Brenner wanted to ensure adoption of the ordinance does not ignore the concerns of residents in other areas of the City. With Mavor O'Neill and Council Member Muldoon voting "no," Tthe motion carried 5-24 18. Review of the Adopted Fiscal Year 2019-20 Capital Improvement Program (CIP) Budget and the Proposed Fiscal Year 2020-21 through 2025-26 Capital Improvement Program Budget (Continued from the April 28, 2020 City Council Meeting) [100-2019] Public Works Director Webb utilized a presentation to review the Adopted Fiscal Year (FY) 2019-20 Capital Improvement Program (CIP) projects completed or reduced in scope to return $2,220,033 to Fund Balance, projects in progress, and projects for further review and direction. There was a unanimous straw vote to postpone the trolley program for one year. City Manager Leung used a presentation to discuss deferred capital funding and spending to save $16.9 million in the General Fund. Mayor O'Neill referenced a list of projects for further council review and direction and advised that he would speak to projects for the Central Library Lecture Hall, Junior Lifeguards Building, Grant Howald Park Rehabilitation, and Lido Fire Station 2. In response to Council Member Dixon's questions, Mayor O'Neill explained that the recommendation is to defer the projects on the list, not to cancel them. He anticipated Council reviewing the budget at least quarterly and re -reviewing expenditures, including CIPs within the next year. Council Member Brenner wished to discuss the Central Library Lecture Hall and the Junior Lifeguards Building. In response to Council Member Muldoon's question, Mayor O'Neill clarified that projects on the list will be deferred unless Council pulls them. Public Works Director Webb stated that staff requested removal of the Balboa Village Facade Improvement and Dover Shores Traffic Study projects from the budget and seeks further guidance on the Lido Fire Station 2 project. Council Member Dixon requested discussion of the Newport Pier Building Platform/Piles project. Mayor O'Neill proposed deferring capital costs for the Central Library Lecture Hall and Junior Lifeguards Building for at least a year, while including some of the design costs in the capital expenditures. Public Works Director Webb explained that Council has awarded design contracts for the two projects, and those costs are shown in the first column. He further noted that design would continue, but construction would be deferred thus deferring associated costs in this budget. Volume 64 - Page 392 City of Newport Beach Regular Meeting May 12, 2020 In response to Council Member Dixon's question, Public Works Director Webb agreed that project design can be done, and an application submitted to the Coastal Commission. Mayor Pro Tem Avery recommended shoring up the pier sooner rather than later. Council Member Dixon preferred to program the whole thing into the next fiscal year. Public Works Director Webb added that the project would be a re -budget. In response to Council Member Herdman's question, Public Works Director Webb indicated public safety would be a factor in this project. Council Member Duffield encouraged staff to use composite pilings and not wood. With Council Member Muldoon voting no, there was a 6-1 straw vote to move forward with the Newport Pier Building Platform/Piles project. Council Member Herdman disclosed a conflict regarding the Marine Avenue Rehabilitation project due to real property interests and recused himself from the discussion. In response to Council Member Brenner's questions, Public Works Director Webb indicated the budgeted project is for street rehabilitation, but staff recommends deferring the project for five years. Public Works Director Webb reported the Ocean Boardwalk/ Parking Lot �_ i4t nom' Improvement project involved Council Member Dixon working with the community to conduct a study of the splitting of the trails, which is the Ocean Boulevard Concrete Pavement project. He recommended pulling the Ocean Front Bike Safety Improvement project out and returning $75,000 to the General Fund. Council Member Brenner agreed with deferring the Ocean Boulevard Concrete Pavement project, however noted the need for added safety measures along Ocean Boulevard would be helpful. Public Works Director Webb utilized a presentation to review the proposed FY 20-21 to 25-26 Capital Improvement program. Mayor O'Neill wished to address the Concrete Replacement Program, Jamboree Road Pavement Rehabilitation, Slurry Seal Program, Storm Drain System Repair, and the Via Lido Outer Ring Roadway Repair projects. In response to Council Member Dixon's question, Public Works Director Webb indicated the Via Lido Outer Ring Roadway Rehabilitation project is repaving the street following completion of the water main project. At Council Member Muldoon's request, City Attorney Harp advised that Council Member Muldoon has conflicts regarding the Balboa Island micro transit feasibility study, Undergrounding District 113, and the traffic signal rehabilitation program due to business interests. In addition, Council Member Dixon has a conflict regarding the slurry seal program. Mayor O'Neill pulled the Concrete Replacement Program, Jamboree Road Pavement Rehabilitation, and Storm Drain System Repair projects for discussion because deferring them would increase costs. Council Member Dixon noted an expectation that labor and material costs will be more competitive given current economic challenges. Public Works Director Webb added that staff has seen that in prior economic downturns and expects bids to decrease. There was a unanimous straw vote to support proceeding with the Concrete Replacement Program Volume 64 - Page 394 City of Newport Beach Regular Meeting May 12, 2020 With Council Member Muldoon voting no, there was a 6-1 vote to support proceeding with the Jamboree Road Pavement Rehabilitation project. There was a unanimous straw vote to support proceeding with the Storm Drain System Repair. Council Member Dixon disclosed a conflict pertaining to the Slurry Seal Program and the Via Lido Outer Ring Roadway Rehabilitation projects due to property interests. With Council Member Dixon recusing herself, there was a 6-0 straw vote to support proceeding with the Slurry Seal Program. With Council Member Dixon recusing herself, there was a 6-0 straw vote to support proceeding with the Via Lido Outer Ring Roadway Rehabilitation project. Jim Mosher asked if the six-year CIP budget had been made available to the public and, if so, where it could be found. Public Works Director Webb indicated a link to the six-year budget is included in the staff report, and the document can be found on the City website. 15. Novel Coronavirus (COVID-19) Update [100-2019] City Manager Leung utilized a presentation to discuss the re -opening of beaches and recreational amenities, City facilities and services including street sweeping and summer programming, and businesses while prioritizing public safety and health through education and outreach, enforcement, individual responsibility, and management of staff resources. Mayor O'Neill thanked staff, particularly Public Works, Police, and Lifeguard departments; noted other counties are opening their beaches, trails and open spaces; suggested reopening the boardwalk on the Peninsula; and remarked that the number of cases in the City has been low except for the recent spike in cases at multiple skilled nursing facilities. City Manager Leung stated that the Board of Supervisors voted earlier in the day to open parking lots at parks. Council Member Dixon thanked staff and public safety personnel and noted guidelines for beach activities; reminded the public that while case numbers are going up due to the increased availability of tests, hospitalizations have been stable; believed barricades should be removed and that parking lots and'restrooms should be opened; and added that while crowds on the beach were under control she has concerns pertaining to enforcement at closing. Police Chief Lewis provided a report on beach response and noted they addressed challenges with educating the public on active use regulations, traffic and speeding issues, and noted that daytime beach attendees were compliant this past weekend. Council Member Muldoon believed opening beaches for active recreation use only is unfair to people with disabilities; supported taking down barricades; and thanked first responders, medical professionals, and City staff whom he referred to as the unsung heroes. In response to Council Member Brenner's questions, City Manager Leung advised that the Corona del Mar parking lot is closed, but staff is evaluating all beach -related parking lots. Council Member Brenner advised that San Clemente has barricades three blocks from the beach and blocking access to the pier. She suggested the possibility of sending out a press release to inform the public on the 10 p.m. curfew and other beach prohibitions. Comments given after reconvening Volume 64 - Page 395 City of Newport Beach Regular Meeting May 12, 2020 Chuck Remley reported on last weekend's beach activities, traffic, the Police Department's presence, and concerns with trash on the Peninsula. Denys Oberman asked the City to take clearer action that protects residents and suggested police officers patrol beaches just before and after 10 p.m. to enforce the closure. XI. CLOSED SESSION - moved to end of the meeting XII. RECESSED - 7:01 p.m. XIII. RECONVENED AT 7:22 P.M. FOR REGULAR MEETING (PUBLIC HEARINGS) XIV. ROLL CALL Present: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon II. INVOCATION - Pastor Paul Hegele, Newport Harbor Lutheran Church XVI. PUBLIC HEARINGS 20. Approval of the Fee Study Update [100-2020] Motion by Mavor O'Neill, seconded by Council Member Muldoon, to discuss the fee study update at the May 26, 2020 Study Session and bring the fees back to the City Council for adoption at the June 9, 2020 City Council meeting. The motion carried unanimously. 21. Resolution No. 2020-33: Appeal of Planning Commission Approval for The Garden Office and Parking Structure Proposed at 215 Riverside Avenue (PA2019-023) (Continued from the April 28, 2020 City Council Meeting) [100-2020] Ex Parte Communications: Mayor O'Neill disclosed meeting months ago with Leslie Daigle, who represented the Applicant, and the Applicant's architect at the site and noted a conversation three weeks ago with the Appellants, their attorney, and interested parties Charles Klobe, Nancy Scarborough, and Dave Tanner. At the Appellants' request to attempt to find a resolution, he interacted with the Applicant and Appellants. Council Member Herdman disclosed a meeting with Ms. Daigle and the architect a couple of months ago at the site. Council Member Dixon disclosed meetings with Ms. Daigle and the Applicant on site and the Appellants and a site visit last Saturday at the residences above the project site. Council Member Muldoon disclosed conversations with Ms. Daigle and a neighbor. Council Member Duffield disclosed conversations with Ms. Daigle and the architect and an Appellant homeowner. Council Member Brenner disclosed a meeting with Ms. Daigle and architect Scott Laidlaw and conversations with Charles Klobe and Nancy Scarborough. Volume 64 - Page 396 City of Newport Beach Regular Meeting May 12, 2020 Mayor Pro Tem Avery disclosed his attendance at an open house last fall where the architect, developer, and Ms. Daigle were present; a meeting with an Appellant; a self -guided tour of the property; and phone calls with Ms. Daigle. Scott Laidlaw, architect and Applicant, utilized a presentation to describe the unique circumstances and existing conditions of the site. Aaron Ehrlich, Appellants' attorney, used a presentation to discuss the project site and its boundaries including: parking requirements, findings for a conditional use permit (CUP), submittal of revised plans and their accessibility, California Environmental Quality Act (CEQA) issues; the relationship between the project and The Garden Center project, efforts to resolve issues, misstatements in the staff report, the private easement's effect on the project, and the Appellants' proposal for a trellis and conditions of approval. Hal Woods, Appellant at 2919 Cliff Drive, believed property rights are a privilege and stated that the structure should close at 10 p.m. seven days a week. Ernie Castro, Appellant at 2915 Cliff Drive, indicated the hearing should have been postponed because of the coronavirus; believed excess parking is intended for the restaurant project and strip mall; expressed concern regarding noise, light, and air pollution for residents due to late-night access to the parking structure. In response to Mayor O'Neill's question, Community Development Director Jurjis reported the Applicant's revised plans were sent to the Council yesterday and at the same time to Mr. Ehrlich. In response to Mayor O'Neill's questions, Mr. Laidlaw used a presentation to reflect revisions to retain slope on the hillside and increase landscaping at the property line with Mr. Woods' residence. He added that the changes are an attempt to make the situation better for the Appellants and noted no conflict with Council choosing to use the prior set of plans due to concerns about notice of the revised plans. At Mayor O'Neill's request, City Attorney Harp advised that as the change is relatively minor and moves the project farther away from the residences, it does not create any new view issues or other impacts. He stated that the public has had an opportunity to view the information prior to making any comments and that Council may proceed with the revised plans. Mayor O'Neill opened the public hearing. Jaleel Shabazz Blue questioned the idea of continuing a project if it is not bettering the citizens' properties. Jim Mosher indicated this is not the ideal format to hold a public hearing; expressed concern that community members are not being heard; and advised of an open parking structure at the Westcliff Drive medical offices, adjacent to residential views, was approved in 2014 without a conditional use permit. Brion Jeannette commented that the existing building is not an appropriate landmark building for the community; believed what Mr. Laidlaw is doing is a vast improvement; supported the proposed parking and landscape; and recommended Council approve the project. Stefanie Sitzer Pilalas, Appellant, agreed with Mr. Ehrlich's comments; believed there has been too much emphasis on what the project is going to look like and less on what it will be used for, hours of operation, and onsite parking; and stated the project should be further modified to make it livable. Volume 64 - Page 397 City of Newport Beach Regular Meeting May 12, 2020 Troy Pilalas, Appellant at 2907 Cliff Drive, related that his biggest concerns are noise, light intrusion, and pollution; and suggested covering the structure with a sold roof or a complete and heavy trellis. Jeannie Fobges expressed her concern with the proposed parking structure roof. Brittany Sitzer supported placing aroof over the parking structure and expressed concern about the withholding of details. Steve Hufford shared previous businesses in the location that operated with longer hours; indicated the building is currently dilapidated; and believed the new building would be an improvement to the neighborhood. Sandra Ayers agreed that the project is beautiful and beneficial, however its negative circumstances would be easy to resolve; believed ingress and egress on Riverside Avenue; and stated various concerns with the proposed project. Nancy Scarborough opposed the parking project unless there is a solid cover on the structure due to its proximity to single-family homes. Christopher Budnik supported the Appellants and asked Council to require a solid roof on the parking structure. Peggy Palmer remarked that guidelines are in place through the 2006 General Update Plan and the Mariners Mile Strategic Plan and noted that a parking structure there is not reasonable. Mayra Ramirez supported the project because it would improve the area and be an upgrade from the previous restaurant. David Tanner indicated the community is threatening litigation because the project will impact the wetland, the heritage oak tree, and the coastal bluff and create noise, light, and glare impacts to adjacent residences; and believed the project and the City must follow the rules. Charles Klobe stated the link on the City website to the last staff report was broken and urged Council to deny the project and send it back to be brought in concert with the restaurant. Portia Weiss opposed a parking structure because she believed people would rather park on the street than in a parking structure and expressed concern about the project not having a roof, impacts on the environment, the heritage coastal oak and Cliff Drive Park, and noise from doors, radios, car alarms, and tires screeching. Scott Laidlaw explained the reasons for not proposing a solid roof, including a trellis roof is a greener solution, moving everything further from the residents improves the current condition, the screening is better, a roof would need to accommodate the height of public safety and delivery vehicles, the design of the trellis is based on Building Division requirements, and a solid roof with increased height will be an eyesore. The upper-level office space functions off the upper-level parking, and the lower -level office space functions off the lower -level parking, but the two are not connected. The Bay Island parking structure has open rooftop parking and is directly adjacent to residential uses. Susan Hori, Applicant's attorney, advised that a conditional use permit allows Council to consider the unique situation of each setting, the existing grade will be lowered, and parking will be added under the parking structure. She further advised that; Condition of Approval 63 to limit entry to the upper level after 10 p.m. would be difficult to enforce and noted the Applicant team has worked with staff to address impacts to residences, and asked Council to uphold the Planning Commission action. Volume 64 - Page 398