HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
October 22, 2013
CITE' OF NEWPORT BEACH
City Council Minutes
Study Session
October 8, 2013 —5:00 p.m.
sjr
I: ROLL CALL -5:00 p.m. x`
Present: Nancy Gardner, Tony Petros, Rush Hill; Keith Curry; Ed Seli�t IVIi Tenn, Leslie Daigle
his° F
II. CURRENT BUSINESS
1. CLARIFICATION'OF ITEMS ON TIRE 'CONSENT &LU. -None
Wit•.
2. UPDATES TO THE MASTER FEE SCHEDULE AS`RELATES TO FIRE FEEW [100 -20131
Deputy Finance Director Montano utilized° a PowerPoint p�entation to discuss the goals. of the
proposed changes and consideration by Couue.on the final ajipxoval at the October 22, 2013 City
Council meeting. He noted that non -fire feq§ wrli e lianged based on the Consumer Price Index
(CPI) and that most fees will take effect aftek adoptroir sePt for`Planning and Development Fees
which become effective 60 days after adoption. He hrglrti the summary of the proposed fee
schedule, alignment of reveay - ...4with direct and m direct co$i�s for providing, services to more
accurately reflect the cost ,gi servtce.'He addresselkee categories along with the ,proposed changes
and reported. that there di•a no changes to emergency medical services due to pending regulatory
changes at the State ani ederal ever He indica� that this will be reviewed by Council when the
regulatory changes take of Deputy Finance Di or Montano discussed the fuse fees' background,
methodology for estab shine` ha fees alnwatron exanples, and proposed changes per fee category.
He noted that csi ie fee`s }e ye iii .. eased some l a creased; some have no changes, and some have
been eliminated. Discuss! ; ensv8.1regarding a tiered fee schedule for Safety, Planning and
Development. Deputy Finaii Direc c Montano reported on the categories and related fee changes.
He rn66ted that fees were �e nmated liscause of redundancy and combination with other fees. He
provided e�xe ples for each. caegory, th` methodology used for calculations, and the resulting fee
change. Dis6t*sion ensued re arding the removal of expedite requests as an additional fee and
avoiding redun&ii*,3r and duplicity related, to persomrel' time for specific activities.
w'a G`
Deputy Finance Dne or Montano reported that the Finance Committee reviewed the proposed fee
schedule and that the piapned changes are inclusive of then recommendations.
In response to Council Member Petros,' questions, Deputy Finance Director Montano reported that the
budget is reflective of the revenues obtained through fees for service and noted that the total budget
for the Fire Department is $37 million for 2013/2014. Revenue from fees for service for the fiscal year
ending in June 2013, was $1.3 million, equaling 3.7% of operating costs. He noted that all other Fire
Department operations are tax - supported.
Mayor Pro Tem Hill requested that the October 22 2013 staff report include detailed `line items with
corresponding amounts.
Jim Mosher discussed the ,difference between services paid through taxes and those paid thiouglifees
for special services requested' by residents. He referenced. Exliibit A of the staff report and
commented on fees charged for fire services and/or ambulance services. He requested clarification of
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City of Newport Beach
City Council Study Session
October S, 2013
III.
basic services that are provided out of tax levies.
Victor Cao, representing, the Building Industry Association (BIA), thanked - Assistant Fire Chief Kitch
and staff. He expressed concerns regarding comparisons used in the analysis with the Orange County
Fire Authority (OCFA) and suggested using municipal fire departments instead. He indicated, that
the BIA wants to ensure that the public. is receiving redundancy in the bureaucracy and adequate
services. Further, the BIA wants to focus on the customer service experience and that their
overarching message is they want to support more opportunity. for economic freedom in order to create
jobs and housing. City Manager Kiff reported that Mr, Cao's presents n will be made available to
the public. t
SESSION AGENDA
Jim Mosher noted that Council is about to enter into labor
He noted that the same matter was on several previous u
to the public to provide a clear explanation about the isau
job performance review and believed that City Attorney ,A
hear rather than what it should hear. He referenced aril
to the City Clerk questioning, the propriety of two Cou
publishing a comment regarding the financial advantag
iations with 101dfferent bargaining groups.
agendas and be ad that Council owes it
9difionally, he disc usse the City Attorney's
a tendency to tell Coubil "what it wants to
a2
in the Daily Pilot regardnlg a Getter he sent
[embers on the Finance Committee jointly
trash outsourcing, believing that the City
Attorney took it upon .himself not to respon to his letter as ,tv would have required a notice of public
meeting. He added. that the Brown Act does nbt%bw a majority to discuss their committee's issues except
at a noticed public meeting. 1 ` "-mar °
City Attorney Harp reported that Council will adjoi5'intiti0fosed Session to discuss the items
listed under Closed Session i regular age %<da.,;�'
'4.
W. ADJOURNMENT - Adjounred to C osed Sessionl +at 6:34 p.m.
W a W
tilw R
The agenda for the Study ,Sessini w. posted dµ October 3, 2013, at 4:00 p.m.. on the City's
website, on the Citp.�a11 ElecFr iiic$a317aVaa �O�JCa located in the entrance of the City Council
Chambers at 10, fF relic C €ter D ive, and m tlfe "iGlacting Agenda Binder located in the entrance
of the'City Council Chamber's at 16 ivic'Center Drive.
City Clerk
Recording Secretary
Mayor
Volume 61 - Page 306
CITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
October 8, 2013 — 7:00 p.m
I. STUDY SESSION - 5:00 p.m.
il. CLOSED SESSION - 5:34 p.m..
A. CONFERENCE WITH LABOR NEGOTIATORS
Heading Agency Designated
Cassidy; Deputy City Manager;
.Employee Organizations: All
Lifeguards (ANBOL); Newport
Employees League (LABEL); NevS
Fire Management Association (N
(NBLMA); Part -Time Employees
Police Association (NBPA); New
Newport Beach PiLgf0 ipnal and
B. PUBLIC EMPLO]
Title: A §ik n C.
`.ysis;NzXa4;s,� r.
III. RECESS'
IV. RECONV ED AT 7 :00'P.
V. ROLL CALL
VI.
7.6):
Dave Kiff, .City %pager, and Terri
Labor Associgtions: Association of Newport Beach Ocean
qch City Employee Association (NBCEA); Newport Beach
orf ch Firefigllhg Association (NBFA); Newport Beach.
3FMA ARW_ ort Beacla Lifeguard Management Association
Association.W3" ggwport`$ ach (PTEANB); Newport, Beach
or Beach )Ib�ice�ag&ent Association (NBPMA); and
eef�l icalAssociation'(�d. BPTEA)
'IF ElW. UATION (Government Code:,§ 54957):
'Present: Nancy GardneiY Tony.Petros, Rush Hill, Keith Curry, Ed Selich „Mike Henn, Leslie Daigle.
City Attorney Harp announced that there are no reportable actions:
VII. PLEDGE OF ALLEGIANCE -Council Member Petros
VIII: INVOCATION -Mayor Curry
CounciL Member Daigle spoke on her recent bike -on -bike accident and expressed her appreciation to
everyone for their wishes fora quick recovery.
IX PRESENTATION
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City Council Minutes
October 8, 2013
Proclamation Recognizing Wyatt Robertson for His Accomplishments in Academics and.
Commitment to Serving the Comrunity
Mayor Curry invited Wyatt Robertson to the podium and presented him, with a proclamation for his
accomplishments in academics and his commitment to serving °the community. Wyatt Robertson
expressed his appreciation for the acknowledgement and stated his commitment to serving the
community. 3
X NOTICE TO' THE PUBLIC
XI.,
Council Member Gardner announced that members of the
have formed a Blackball Working Group io review sm-fpfig
areas, dates and times. She reported that the cur�rerjLule
believed that it is time to review them and solicit inpf
She encouraged those interested to attend a community £a
2013, at 6:00 p.m. in the Civic Center Community Room.
obtained at www.newportbeachca . gov / blackb 6
's rite, Police and ecreation Departments
"'ions for City be Zea, including specific
ae been in place for alid � two decades and
the community to see if ey are working.
which will be held on Monday, October 21,
__stated that additional information can be
In addition, Council Member Gardner reported .thd -e'-6 e',Harbor Coni;gssion is working on a concept plan
for Lower Castaways and asked the City Manager to brnigb @,�k an item for Council to determine if they
would like an item placed on the agenda to open the area;ineMWnsively, for paddleboards and kayaks,
prior to the concept plan.
Council Member Pettus reported thER he regularly firms at Big Corona and commented negatively on the
beach condition as a'resrrif:of SatX4day night vi5ito s. He reported witnessing a group of young people.
picking up trash from the 5 ach d indicated th; they are the youth group from the Santa Ana
Broadway Seventh IlayAdventihbfehaSoha attends services on the beach and, prior to the service, they
remove Litter frpr�le''liEalj .;He essed lus are;iatiion to the group fm.their service.
Council N,leiiiber Petros reporQ� that he rlVlayor Pro Tern Hill; and City staff met with the Newport -Mesa
UUnified S pool District, to discu parkin, ear Corona delMa� high School. He stated that the members
the S hoot tstrict were receptive, there was consensus to work together on a range of solutions, they
offered changesat they are wring to implement at both Corona del Mar and Newport Harbor High
Schools; and requed some changes from the City: He requested Gouiicil's consent -in directing staff to
return with a range ofEternative's to address neighborhood,parkingoround Corona del Mar High School:.
Council Member Henn,rejjly tl that the Balboa Village Advisory Committee (BVAC) will meet on October
9, 2013, at 4:00"p:m. at ExpltiiOcean and addressed' items to be considered at the meeting. In addition, he
and Mayor Pro Tem Hill have been meeting with Southern California Edison (SCE) regarding electric
service on the Peninsula and West Newport and reported that the SCE representative has been proactive
and. presented ideas regarding improving service reliability and the possibility" of a sump pump pilot
program to,testits feasibility and other opportunities for improved service.
Council Member Selich reported that on October 9, 2013, at 5:30 p.m., Speak Up Newport will. be holding a
forum in the Civic Center Community Room where Council Members Daigle and Petros will speak
regarding outsourcing• trash service.
Mayor. Curry reported attending an open house at the ,Santa Ana Heights Fire Station on Sunday, October
6, and commented positively on the event. In addition, he participated in the ribbon cutting ceremony for
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City Council Minutes
October 8; 2013
the West Marine Store on the Peninsula and welcomed a delegation of students'fom Okazaki, Japan.
XIL PUI3LIC COMMENTS ON CONSENT CALENDAR,
John Kinsey referenced Item 5 ('Amendment No. 1 to Professional Services Agreement with 'RBF
Consulting for the Park Avenue Bridge Replacement Project - C- 5128) and expressed concerns-with safety
access to Balboa Island during construction and ,requested that Council consider the concept of a
temporary bridge. He asked who decided omthe elimination. He encouraged Council to require that, as a
first phase; a study be conducted for having a one-way controlled access versa temporary bridge, as well
as a cost analysis of both. }
Deputy'PublieWorks Director Thomas reported that they consideierl "gving a temporary bridge, but the
L•
consultant recommended rebiWding,the, existing bridge one -half at,-..aAime?q& added that alternatives were
discussed at, various homeowner association meetings and that;tk"t''s is the pr8f�rred method. He noted that
traffic issues were also discussed and that staff will make its {test efforts to mi�i ate them. He stated that
emergency services will be,provideeand. that staff will cojitinue �o address tra&' *emergency, and other
environmental impacts.
XIIL CONSENT CALENDAR.
A.
C.
1. MINUTES FOR THE SEPTEMBEE
MEETING. (100 -20131 Waive - re inc
filed.
j9` Y
Council. Memb�Daiglle abstained. of
2. READING OFRDIII}ANCES. Waive
and direct the Ci Cle . t.... by title
SESSION AND REGULAR'
pprove as amended, and order
item.
in full of all ordinances under consideration,
ESSIONAL`;i�SERVI:�,S ,AGREEMENT WITH RBF CONSULTING FOR
RONMENTA",� SERVI S- FOR THE REDEVELOPMENT OF THE FORMER
HALL COM&EX AT 3300 NEWPORT BOULEVARD (PA2012 -031) (C- 5614).
(}20131 ApprVe the Professional Services Agreement, and authorize the Mayor and
leto execut#-•the Agreement.
Council MeW Henn recused himself on this item since he has a business
relationship Oth a business in the Via Lido Plaza which might be construed as a.
potential conflict of interest.
5. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH RBF
CONSULTING FOR THE PARK AVENUE BRIDGE REPLACEMENT PROJECT -
CONTRACT NO. 5128. (381100 -20131 Approve Amendment No: 1 to Professional Services
Agreement, with RBF Consulting (RBF) for environmental documentation, permitting and
final engineering services not to exceed $766;000.00, and authorize the Mayor and City Clerk,
to execute the Amendment.
D. MISCELLANEOUS
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XIV.
6. PLANNING COMMISSION AGENDA FOR OCTOBER; 3, 2013.,[100-2014 Receive and
file.
7. RECREATION CONTRACT REPORTING., [100 -2013] a) Provide input, as needed; and
b) receive slid file the report.
Motion by Rush Hill. seconded by Ed Selich to approve the Consent Calendar; except for the item.
removed (3); and noting the abstention by Council Member Daigle on Item. hand the recusal by- Council
Member Henn on Item 4.
The motion carried by the following roll call vote:'
Ayes: Nancy Gardner, Tony Petros, Rush Hill, Keith, Curry, Ed Sellti Mlrftleiin, Leslie Daigle
3. ADOPTION OF ORDINANCE NO. 2013- 1—ff�AMEXbING SECTION I760.060 OF THE
NEWPORT BEACH MUNICIPAL CODLr'0 _RE.QUIRE COMMERCL 'TIDELANDS
USERS TO DEFEND AND INDEMNIFY THE CL*�X OF NEWPORT BEACH 1100 -20131
In response to Council Member Garcxs concern relative to Subsection E, City Attorney Harp
noted that the only item for considera�Ei Subsection 7-y:!_.-.He stated that any issues specific. to
Subsection E can come back before Council at time
Motion by Nancy Gardner. seconded?. by Ed, ehf i tp cc' uct second reading and adopt
Ordinance No. 2013-15, llaa%vrdinance of zhe C(.o CounctZ >o ' Ctty of Newport Beach Amending
Section IT60.060 of th.q,.Ajwpprt Beach Murk teal Code to Require Commercial Tidelands Users to
Defend and btdentn to City_ -'of Newport Bd
Jim Masher believed tliat; although the staff rr3.ort indicates the.ordinance is going before Council
for. a second reading iflW�U- -, -first reading since it has gone through many iterations. He
indicated tjtd t 'e w titr%nd the idd %pfi, u'tisectioii F refer to commercial tideland uses and
asked _WK y the City wbild not want to indemnify itself in all cases. He referenced Subsection E and
sugge'sied that Council nstdezuyeQpealing the section that was adopted in January and removing-
the',.` $;ord "commercial' fi the 'Eildg: If done, he noted that it would require that the item be
retur`iif4to Council for afiit readin tits next meeting.
x �� t°
City Attorne.l3arp stated C1iat there,is.no validity to the issues raised by Mr. Mosher.
The motion . caril6d,by the,following roll call vote:,
Ayes: Nancy, Gardner; Tony'Petros, Rush Hill, I {eith Curry, Ed Selich, Mike Henn, Leslier Daigle
XV. PUBLIC COMMENTS ONNON-AGENDA ITEMS -None
kVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Selich reported on a meeting of the Land Use :Element Amendment Advisory Committee
meeting on October 1, 2013, where it finalized the quantitative changes being proposed for the .Laird Use
Element-
Council Member Petros reported on the Aviation Committee meeting of September 30 where the discussion
focused on levels of activity at John Wayne Airport QWA) and the initiation of the environmental process
recommended for continuing the Settlement Agreement. In! addition, 'be reported on the October 1, 2013'
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October 8, 2013
meeting of the Bicycle Master Plan Committee, noting that:Caltrans was in attendance and Listened to the
public's concerns regarding bicycle routes, and safety throughout the City. Also, he noted that `the
Southern California Association of Governments (SCAG) reported on bicycle mobility, regional plans and
promoting safe cycling in the City.
XVIL 'PUBLIC HEARING-
8. WOODY'S WHARF USE PERMIT APPEAL - 2318 NEWPORT BOULEVARD - USE PERMIT
NO. UP2011 -010 AND VARIANCE NO. VA2013 -006 (PA2011- 06q,t, 00- 2013]'
r
Mayor Pro Tern Hill recused himself from this item since hfowns property within. 500 feet
of the subject property. �.,_,. -
Deputy Community Development Director Wisneslti utjled a Poweif'slipt presentation to address
�,,
location, current hours of operation, live entertamnieAt surrounding propgxties and ,uses, details of
the application and variances requested, concerns- belated- to noise from'' ie, outdoor patio area,
review and recommendations by the Plannint Comu]%sion, background the business and
entitlements, issues related to valet parking se "irlge al` surrounding parting spaces.
In response to Council Member Henn's s "
p questions,:eputy Community Development Director
Wisneski reported that the applicant h 40 requued panAcing spaces. Currently, 26.are on site, 10
are across the street on the municipal' nd 4 parking spaces are calculated based on Woody's
Wharf offering 8 boat slips, which was ap'prodi ith previou>entitlements.
Deputy 'Community Development Director Wisne5lu di`s' sed'hdBrs of operation; patron dancing,
the modification of the f1gagJ.1an, closure,of thwbutdooi dining area the outdoor patio on the
adjacent property and gAO§Iestrictions al�nkxlent of the bulkhead, relation of the proposed patio
cover to limitations `the hours of operation results of noise studies, public comments relative to
the noise studies, variance frndings; and iecomtt{iendations.
n
In response to Council Meanire e�ttps' quelfion, Deputy Community Development Director
Wisneslu re io>t6c (t the c parking spacesx r6 not guaranteed parking spaces in the municipal
n•. ^-Yx " Y�.a hoc
114,9i Atl rneyfor Wootlys Wharf noted that the Planning Commission voted .in favor of
the app - cant and that tl e decisiorn as appealed. He referenced the Newport Beach. Municipal
Code (AMMMC), noting that appeals may be initiated by any interested parties, but no parties to the
r.,
proceeding°tld so. Ire stad that Council Member Henn appealed the decision, yet there is no
provision in NBMC for having a Council Member do so. He objected to the jurisdiction of
Council to enter an appeal and believed that Council Member Henn has no standing to appeal
the issue. He'addedF� —vif he did, Council Member Henn would need to be disqualified and recuse
himself. �c
City Attorney Harp reported that the NBMC provides that Council Member can call up an item for
review and that Council Member Henn has not expressed any bias for or against the project, so it is
appropriate for liim to hear the item. He added that he finds no merit to either of the points raised
by Mr. Diamond.
Mr. Diamond disagreed and objected to the matter. He referenced a recent Court of Appeals
decision regarding Pacific Shores Properties vs. the City of Newport Beach and noted the high
Litigation costs: He indicated that he desires to avoid 'litigation over this project. Mr. Diamond
stated that the restaurant has been in operation for many years in a mixed -.used zone and believed
that Council Member Henn is not neutral. He noted that the applicant is not asking for any change
in the use of the property and the City has issued many entertainment permits to businesses•in the
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October 8,'2013
area, which.h'e distributed. He referenced an email from the Newport Beach Police Department,
confirming that the business can operate until 2:00 a.m. and - reiterated that the application is not a
- change to how the business-is to be operated_ He discussed the noise studies conducted by the
applicant and the City which resulted in the conclusion that 'Woody's. Wharf is not the source of the
noise complaints. However, the applicant has voluntarily -offered to cover the patio to ensure that
noise is not coming from Woody's Wharf. He believed that the Planning Commission made the
correct decision with one exception related to an additional night of operating until 2:00 a.m. during
the week and on holidays: -
In response to Mr. Diamond's questions, City Attorney Harp reported that today is a de n000
hearing, and,the applicant would have the burden of proof. Furthe- I the impact of tie votes will be
considered if one, occurs.
Council. Member Daigle wondered if the Planning C A'_ sion netns on would, stand unless a
majority of Council decided to the contrary -.;
In response to Council Member Gardners question, AU 1 Diamond rep6- that the handout
provided was designed to illustrate the number of entertamment permits thaS have been issued by
the. City and they want it to be part of the recoi'lk & camg
In response to Council Member
Wisneski confirmed that the entert
on!'DDeeputy Community Development Director
is.not•an-issue in question.
Mr. Diamond addressed the hours of opetation�ating that lue: client was always led to believe that
LN they could stay open until 2:00 a.m. and the Planningr o#mmiss own confirmed that they had a right
to do this. He :reiterated that. upholding the Planning Commission's decision will not result in a
change in use and noted'_that, a entertainment permit is linked to the dance issue. He stated that
there is no Code sectionffh- af,prohibits Banc 1g;/but it was included in the entertainment permit to
specify that entertair errs could dance, amid not mention that the patrons could not dance.
In response to Council
Police Depatrnien t Mr.
the. outdor,patio
Nit
deck ad'outdoor patio,
Comcil Member Henn r
Council Member Petros
primary aut ortity on use
City Attorney ]
is at :Council's
on regarding an email from' the Newport Beach
the correct email was provided which references
distinguished the difference between. the outdoor
out bat there is no reference to dancing " the email.
i with City Manager Kiff that the Police Department is not the
but the Community Development Department is.
`that he reviewed the NBMC and confirmed this is a de novo hearing so it
to make a determination and, if there is a tie vote, the decision of the
stand.
Council Member Petros briefly spoke on the standards used for the noise studies, noting it was done
at a threshold of 60 dB and pointed out that the threshold was not "no noise at all ",
Mark. Serventi', one of the co- owners of Woody's Wharf, noted the attendance of his partners,
thanked staff for their efforts and presented background on the matter He indicated that, when they
took over, the operation did not change. He stated that they are currently meeting City Codes and
commented on costs related to this matter. He requested that Council make its decision based on
the law and City Codes. He reported that they currently have the right to operate and entertain
until,2:00 a:m., and reiterated that Woody's Wharf has been operating for decades. He also reported
that, although the noise studies indicated no noise, they are offering to invest in a patio cover to
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October 8, 2013
mitigate any possible noise `issues. He requested approval to operate the patio from 11:00 p.m. until
2:00 a.m., three days a week" and holidays, as well as recognition of dancing as a legal. use. Mr.
Serventi provided a brief history; noted they cater to the people in the neighborhood, °went over,
various reasons identifying Woody's Wharf as being a responsible 'business, addressed previous
consideration by the Planning Commission; and discussed noise studies: He requested that Council
also allow them to move tables and chairs, keep the cover charge, have the same dance permit that
other establishments have, and approve the variance for the retractable roof construction.
'In response to Council, Member Gardners question, Mr. Serventi conftkmed they are requesting to
continue to keep the patio open until 2 :00,a.m. Council Member GarAr pointed out that the Police
report suggests that the patio remain open until 11 :00 p m hovA er, Mr. Serventi reiterated; the
'request to continue their current operation as they have in the))
Council Members Gardner and Henn requested clarifidert ton fro aff relative to the. dancing
permits. Deputy Community Development Director., isneslci repo r d that li ve entertainment
permits are different than cafe dance permits. She alf, ed that the l've ent fta nment permit clearly
states that dancing is prohibited and that the o;pu�tdoor dining permit specifies ..... e at 11:00 p.m.
Council Member Henn commented on the differAween removal and reanariYg ng'of tables and
chairs, and requested clarification on what t a hey n equesting. Mr. Serventi confirmed that they
would remove tables, and chairs to alloy+ an unobstrucid, area for people to stand and talk.
Council Member Henn, commented' on p 'oiflG with the-
0 tion of their parking lot.. Mr. Serventi
indicated that they have valet service a;rime` l p-
ar e busyfrrCouncil Member Henn noted there
ar&congestion,problems beyond the abihty;to park ca[t ; -:
%M.
In response to Council,,,j- ij.jber Henn 's ` ues tons, Deputy Community Development Director
'Wisneskireported thnt,,M "vale a requued d g all hours of operation,
V%
Council Member Dgle eaused herself frpm the dais at 8;30 p.m.
Gary McKrt�er�re�s,�,,Attorne: f th t'£,1 Wii� 1y, tltcuia; presenting MPB Marinai LLC, commented on the
revitalimpon of the l3plbod enrnsula 116 gresented illustrations of a project currently .under
constpadtion near Wood's Wlr including their site plan and the adjacency of their mixed -use
pio�ect to Woody's Wharf i Ie ex the opinion that the operational characteristics approved by
th'FRI ning Commission( or Woo Wharf are inconsistent with the residential character of the
area 03kinconsistent with,, the relevant Policies of the 2006 General Plan. He urged Council to
reverse the decision of t}(e Planning Commission, addressed the distance between his client's
'residential iu s to Woody Wharf. and read from the Zoning Code that compatibility among uses
must be en;ur6 +ltHe exp>�ssed concerns about Woody's Wharf being under - parked, and pointed out
that there are no ba}fFersYto mitigate Woody's Wharf from his client's projects, He took issue with
4
the extended hoursa <a<nd dancing, and discussed the importance of past behavior as being an
indicator of future behavior, urged Council to not create ,additional. conflicts; and believed that the
history is to disregard the CUP'. He stated that his clients relied on the General Plan when they
purchased the property and stated. that the expansion of use by Woody's Wharf is not consistent
with the residential character of the area and believed that, if the Planning Commission's decision
.stands, it will result in substantial negative impacts on his client's project.
.In response to Council Member Selich's question, on the buffering and the Planning Commission's,
requirement that the second and third floors of Building H of his client's, project be used for office
space,. Mr. McYdtterick believed that the Planning Commission did not take into account immediate
adjacencies.
Mr. McKtterick responded to Council Member Gardner, stating,that.Woody's Wharf has; 26 parking
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October 8, 2013
spaces: He expressed opposition to relieving them of the requirement to halve valet services, adding
that, the more parking Woody's Wharf has, the less impact it will have on his client's project.
Mayor Curry noted Council Member DaigWs necessity to leave the meeting.
Mayor Curry opened the public hearing.
Lori Morris believed that the applicant is stating that Woody's Wharf has always had bad behavior
and that they now want Council to codify their bad behavior. She n *d that, if Council does not
approve what they want; they will sue the City but the resident&$A the Peninsula are tired of
pushing back against all the alcohol. establishments. She believe y.iif Council allows dancing, every
other bar in the City will want the same thing. ..�5 .
ISent Stoddard 'urged Council to reverse the T
application. He reported on Police Department r
a bar and nightclub, not a restaurant, and that
Police Department resources. He reported that i
10:00 p.m. and, if they operated responsibly as:
referencedPlanriing Commission Vice Chair Ti
application.
Joe Blazer commented positively on tlity's diversity of
are trying to change the character thadfl+a' ea has alwe
the area, spoke in support of the exiss' I and
resolved by requiring valet during busy ti es.
Larry Edwards spoke -ing5f%,ort of Woody's W} f, commence positively on the adjacent project,
and believed that Woody's Wharf has good o r5 ors. He noted that they have been it the City since
.,
1965. j F 'F,a
inmissioir_ decision and deny Woody's
Woody's RArf, stated it is operating as
attern of vioIft'Ans which is a drain on
maximum caps Y. offers no Food after
there would be nogative impact. He
n and requested that�souncil deny their
Festyle and believed that some residents
i had: He addressed the walls- ability of
r' flat parking issues could be easily
Norm Einborn
he cannot undf
and notedofn
Joe�.#&ss discussedthe
and`cl,Ranchito. He st
appliel&r permits and
blatantly-' noring their
be because �snot fol
Michael Lam, M.•D;
at Woody's Wharf..
and encouraged Cc
2o, qdy's Wharf ha4 been operating illegally for over 10 years and that
keul`a �.leatton is li` g considered. He complained of noise and fights,
4 r.
Wepartmentr ®sdtYrces. He urged Council to deny their application.
.V Al
aces "l ?• m these types of establishments and referenced ads from Rudy's
that'C#�;dy's Wharf is not complying with the rules under which they
rted. me'e``iing with Woody's Wharfs owners and believes that they are
oit restrictions. In addition, he believed that the City's denial should
ig the General Plan.
t''a Council Members to, spend a night in his condo to observe what happens
j3okein opposition to the City being intimidated by the applicant's attorney
to' act in accordance to what is best for residents.
Dennis Halloran discussed the walk - ability of the area, but complained about noise, urination; and
vomit issues related to Woody's Wharf patrons. He urged Council to not add to the existing
problems by approving their application. He believed that the nightclub operation is inappropriate
and not conducive to residents' quality of life.
Tom Durant stated that 28th Street Marina residents do not have a problem with Woody's Wharf
when they operate as restaurant, but they 'do have a problem with their illegal nightclub operation.
He reported that, according to the General Plan, a mixed -used area is supposed to be highly livable
and stated that this is no longer so. He complained about the noise, public urination, and vomiting
from patrons of the establishment and urged Council to deny their application.
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October 8, 2013
An owner" of 281h Street Marina refuted Mr. Diamonds contention that there are only a few people -in
the marina. that object to Woody's Wharf and challenged Council to take a poll of the. residents. He
stated that he moved into the City, knowing he was moving into a mixed -used area, but had
confidence that the City would enforce its ordinances. He urged Council to reverse the Planning
Commission's decision and deny the application.
Greg Pappas, co -owner of Woody's Wharf, stated that they operate Woody's Wharf the way they do
because they feel they have the legal right to do so. He reported doing their due .diligence, prior to
buying Woody's Wharf and addressed efforts to cooperate with neighbors, including paying foi a
security guard, He reported that there was never an, outdoor dininpermit filed by Woody's Wharf,
but the. Police and Planning Departments agreed to have the patioremain open until 2:00 a.m.
,Drew Wetherholt spoke in opposition to Woody's
biggest problems is "that they cannot control their p
that the area does not need 'intensification of pia
continues to be in violation of ordinances and a dra
with the General Plan. He added that Woodys
alcohol sales and allowing dancing, but they dith
operators to make a better restaurant, not a liar
an example of w.hatit can be.
Wharf pjnplic' and stated that one of the.
utr•ons'once they 1 rfe the facility. He indicated
le'�:matic bars and b eyed that Woody's Wharf
O v n Police resources and: that it is incompatible
NharfAwants to increashrofits by increasing
s oi%4he, backs of reaidents e encouraged its
`ghtclub, and used the'Caruary Restaurant as
Brian Palk spoke in opposition to 1id Wharfs application and believed that they are not
mot ing in a positive direction., He comp aired jibout bro>sen alcoholic bottles near his residence and,
property destruction, and urged Council $o.reveisattk�ie Planningommission's decision.
Mr. Diamond believed that many of the cc�nplamtsma e too not apply directly to Woody's Wharf',
but are general, complaints about liars He}eferenced' the results of the noise studies and stated
that'it is not coming frgin lus d1i'ent.
Mark Serventi stated at the bad behavior is �",.t related. to Woody's Wharf. He reiterated that they
are offering to pay fo �.secwurrty guard, but
homeowners 'association did not think it was . r
necessary. �,d thatjrey are askrYiglox leaalthan others have been granted and that they have
never bep'6 "fined fof �- cupa�, or dancing %aditionally, he reported that they do not distribute
ex:
flyers.4ior do they had j arty b es bringing people into the City. He stated'that .a permit is. not
reg�Sired for dancing, if a �t��er is�ged.
Hearihano fiirther testi }cony, Ma}ior Curry closed the �publichearing.
In "response o Council aember Henn's questions, Deputy' Community Development Director
Wisneski repoi"��, that raft dance permits have an exception for dance halls which are facilities that
charge a cover an are qot required to have a dance permit. She clarified that Woody's Wharf is
required to have a dane'perniit because they are seeking a .modification to their floor plan. A use
permit amendment would be :required and, staff recommends including a requirement ,fora cafe
dance permit
Council Member Henn 'indicated he generally respects the opinion of the Planning. Commission, but.
believed that they got it wrong in this case. He acknowledged comments from the public and. noted
that he is not biased about this situation. Re stated that he is not against nightclubs and indicated
that he likes Woody's Wharf, but this is not about whether the location should be technically called a
nightclub but rather it should be about whether Woody's Wharf should be allowed to extend its
hours of operation and allow dancing, the combination of which' ,changes and intensifies the
nightclub -hke operating characteristics of the business. He reported that he supports good. quality
restaurants on the Peninsula, including those that serve alcohol, as long as they focus on food and
being a restaurant. He emphasized that he does• not believe the issue of noise is germane to ,the
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City'of Newport.Beach
City Council Minutes
October 8, 2013
decision, but what is germane is the intensification of what happens outside the venue When patrons
leave late at night and all at. once. .He noted that all similar operations in the area share the types
of problems-reported, but that the issue tonight .is not about other operationsl but rather what will be
allowed in the future for Woody's Wharf's operation. He addressed operator licenses, and believed .
that the imposition of the requirement for an operator's License administered. by the Police
Department is, not a reason to support their application, if it would not be a correct decision in the
first place.
Council Member Henn listed the factors influencing his decision, noti3g that it is a decision that
should be made based on compliance with laws and regulations in the General Plan and the City's
ordinances; as well as the public's welfare, safety, and well•h,aiing. He expressed support for
allowing Woody's Wharf to open at 10:00 a.m. and for the vance to allow the patio enclosure. He
noted that an intense - public process was followed in adop;�tiKng the 2006 General Plan, that changed
the designation of this and other areas to mixed -use adpng that th eneral Plan makes it clear
that residential quality of life, must trump other use ccit fderations that are potentially in conflict.
He read two of the General Plan policies and from ,. relevant a Won 0 Municipal'Code that
,are key in this situation and believed that, tak4n- Vogethe 'they make it cle ?' .., hat'the residential
quality of life .must trump businesses that', Ave coircting characteristics' d command the
prohibition of nightclub characteristics m'such cloae•Rvoximity to residential uses. -% e added that, to
approve the Planning Commission's decision, would tiito approve policies that are inconsistent with
the General Plan. He discussed crime statistics du•eclfkj elated to Woody's Wharf and pointed out
that they cannot be ignored. He addrea'xTad parking and ixaclicated that there is no justification for
relaxing the requirements since parkiQmv lx t]ocation is d icient. He noted his .efforts to improve
the quality of life for residents on the Peaunsu a 'anc, indicat ' 'Vat the approval of the application
contradicts everything he believes is appidpriate an d 'tg4tded m t ie General Plan. He stressed the
need to respect the General Plan, the Municipal Cq #d an t safety and quality of life of residents
and', therefore must rejecti&ht elements of the „Manning C0 1' ission's approval of Woody's Wharf
application. Council duTembelT':Henn empha ;led that he never makes final decisions on Council
agenda items.pricr g7iearing All the rnforma n presented at the Council meeting forth item.
Motion by Mike Henn &seconded b , Tony Petros to direct staff to bring back to, the City Council
at its next re l sche` led m gTttbeapprp'priate Resolution and findings to support: (1) that
Woody's cVt�ize f u° nd fhe opening hour R 0:00 a.m. from the current 11:00 a.m.. be approved;
(2) thaOlhe variance t ' 's ne ed to allow for. construction of the more permanent roof structure; be
apprpKed; (3) that the cunt valet parking service be mod fled to require valet parking service. from
646 to closing on Fi t ay and 'Saturday nights and Holidays; (4) that all other aspects of the
Plannin Commission's de%sion be. 6,Yerturned, including, but mot limited to: (i) the dance permit
request ;the extension ofhours to 2:00 a.m. on the patio; (iii) the discretion as to the use of valet
services and the extent Appropriate in view of item number 3; (iv) the waiver of the six, parking
spaces; and (v'' abdity; remove tables and chairs from any section of the restaurant after 10:00
p.m.; and (5) the al ol' additional requests made by Woody's owners tonight.
Council Member Gar i'er requested Deputy Community Development Director Wisneski follow up
with staff regarding the permit allowing use of the patio until 2:00 a.m. She also commented on the
General Plan and noted the priority is to residents, businesses, and then to visitors.
In response to Council questions; Mir. Diamond indicated that it would not make sense for his client.
to install a patio cover if there is no purpose to do so. He noted that Council Member Henn read
from a prepared. motion and referenced the recent opinion of the Ninth, Circuit, Court. Council
Member Henn acknowledged preparing comments prior to the meeting based on careful diligence
and review of the information available prior to the meeting, but modify some of his preliminary,
views based on information presented at the meeting, did not hear anything at the meeting to
fundamentally change his point of view, but did modify some of his initial thoughts about the rnatter
based on information presented at the meeting. ”
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'City ofNewport,Beach
City Council Minutes
October 8, 2013
XVIII.
Council Member Selich indicated that he will not support the motion since Woody's Wharf has been
in the City since the 70's, has, been operating in the same manner, the City has knowingly allowed
them to operate in this manner, that there is some liability for the City in doing so; and the City
should be working towards.some sort of compromise rather than an outright denial of the project.
Police Captain Johnson referenced 'a memorandum .dated July 22; '2013, noting that the Newport
Beach Police Department did not recommend support of the application. He noted that the area is
already'beavily utilized by licensed establishments which provides a lot, of challenges to the Police,
and believes that the: expansion of Woody's Wharf would add to those CWIlenges. He addressed calls
for service and noted that not all are to Woody's Wharf; howevo ?so far this year, the Police
Department has responded to 47 calls for service, specifically foF incidents occurring at Woody's
Wharf.. In addition; he noted a lack of compliance by the operato`3s of the venue.
Council Member Petros reported that, his high school a:
with handbills on then windshields advertising DJ m' 0
Diamond's statement'that this is a noise issue sin. ' it
that these will be addressed when the item returlisR He
offered- to pay for a security guard in 'c,' than;,
endangerment to the public.
Mayor Curry indicated that he will support the
a;
additional'ideas when the matterretur�f
The motion carried by the following roll o` "all vo�ey
i1
Ayes: Nancy Gardner, Tony Petros, Keitl%Curr}
Noes: Ed Selich y:
Absent: Leslie Daigle _• ` ~ f
Recused: Hill L t
ughtei-5_11lave come home from school
oody s Wharf. He disagreed with Mr.
tea many is5> . s. He expressed hope
that the factTU the operators have
acknowledge. thxft• -is a. hazard. or
hoped that the applicant could have
9. SPONSORSHIP AGUEM9NT: -CHRISTMAS BOAT PARADE -- 2014 -2017 (C- 0615).
[3k,1'00-20131
Tem Hill rec' sed himself from this item.because he was informed by the City
Fla potential' conflict of interest related since he has membership in the
City Manager liiff-'pttovi d a report, noting that the City's prior support of the parade. He reported
that the Chambers i'A I erested in longer term commitments and noted recommendations as listed
in the staff report.
Motion by Ed Selich, seconded by Mike Henn to authorize the Mayor to execute the amended
Sponsorship ( "Grant ") Agreement with the Newport Beach Chamber of Commerce for support of the
Chr stmas'Boat Parade at $50,000 per year for 2014 -, 2015, 2016, and 2017.
Steve Rosansky, President of the Newport Beach Chamber of Commerce :reported on the number of
yearly visitors the Christmas Boat Parade attracts and reported. that the funds will be used to
elevate the high stature of the parade. He noted that the parade generates a lot of business for the
City and explained the reason for the request to seek additional help in marketing and. promotion of
the parade.
Council: Member Gardner requested and received confirmation from Mr. Rosansky that some of the
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City of Newport Beach
City Council Mihutes
October 8, 2013
money will be used to perform an evaluation of the event.
Jim Mosher expressed concerns with the City giving public money to a private entity, and with. the
way the money may be used.
The motion carried by the following roll call vote:
Ayes: Nancy Gardner, Tony Petros, Keith Curry.. Ed Selich, Mike Henn
Absent: Leslie Daigle
10. CLOSE -OUT AND FINAL AMENDMENT TO THE O
CONTRACT FOR CIVIC CENTER AND PARR PI
1381100 -20131
City Manager Kff referenced the staff report and
close -out amendment to the Construction
Project with C. W. Driver.
Jim Mosher commented on the City's web
related costs. He requested clarificati ab
costs and whether the webpage will cc
n.
The motion carried by the following roll c
Ayes: Nancy Gardner, Tony Petros; Rush
.Absent: Leslie Daigle
11. RESPONSE TO R PH Mti BROWN A
GOVERNMENT CODE SE ION 5496C
TR.{EVON MANAGER AT RISK
TGVITH -C. W. DRIVER (C- 4627).
ndment hathe report.
V4.
the Mayor to- gn the amended final
Contract for Crve Center and Park
and`n'ed challenges with finding the projects and
specific items and wondered whether'itincludes staff
be accessiftgifter completion of the -project.
1, K tth Cuny d Selich, Mike lien
l4F
;ALLEGATIONS PURSUANT TO CALIFORNIA
(1). [100 - 20131
City.Attorne ' l iovid'e{i the staffrepgrt:a;tVd-iscussed the correspondence that alleges, among
other all�gatrons thi'tthe GiiS# violated the $gown Act at the September 19, 2013 meeting by not
ieferericing Closed Sesn -it' prior to Closed Session. He stated that after reviewing the
alleg.tiohs, his office did,,; of find ''py merit to any of the allegations; however, in the interest of
avoid ig htigation is rec0 mendiie submitting a letter, stating that prior to gbng into Closed
Session, tjle Closed Sessiot%hgenda will be referenced.,
Mayor Curryeyuested and received clarification from City Attorney Harp that prior to going.into
Closed Session,Mkdid not lead the title. He added that the City has spent approximately $1,500 in
addressing the - cond's t�ised in the correspondence.
Jim Mosher commented on his letter dated September 13, 2013, and the need to let the public know
what Council will be considering in Closed ^Session. He stated. that he: made four requests and took
issue that the letter was not distributed. to Council. He suggested that all Closed Sessions be
preceded by the oral announcement, according to the Brown Act, that the oral and printed
announcement include enough specificity for the public to provide comment, that 'Council refrain.
fiom negotiating with public employee groups other than at noticed public meetings or during
Closed Session through negotiators who are supposed to be. orally announced before the meeting,
and that all labor and employment contracts receive final approval in public sessions.
Council'Member Selich expressed appreciation for what the City Attorney is doing, but indicated
that he is tired of hearing bazaar interpretations of the Brown Act. He reported that he has
-reviewed the -situation and believed that tliereis no actionable violation. of_the,Brown Act.
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City of Newport Beach
City Council Minutes
October 8, 2013
Council. Member Petros stated that he will not support authorizing- the Mayor to sign a, letter. He
agreed that good public policy is good open policy; however; Council should not act on opinions or
pressure, but act in accordance to the letter of the law.
Mayor Ctgry agreed that this is a waste of time and a waste of money, but believed that the motion
would serve to avoid the future. wasting of time and money. He concurred, with Council Members
Petros and Selich's comments.
.x
Motion by Keith Curry. seconded' be Nancy Gardner to out iorize the Mayor to "sign the
proposed unconditional commitment letter pursuant to Cal ifornia,,4rb'vernment. Code Section 54960.2
to conserve public resources and avoid unnecessary litigation
The motion carried by the following roll. call vote:
Ayes: Nancy Gardner, Rush,Hill, Keith Curry Mike, Venn
Noes: Tony Petros, Ed'Selich l'k•�
Absent: Leslie Daigle
WC MOTIONS FOR RECONSIDERATION -None
XX. ADJOURNMENT - Adjourned at 10:12w`.m in
.Chapel
'The agenda for the Regular Meeting was f
website; on the City Hall Electronic Bulleti
Chambers at 100 Civic Cente Vve, and in
of the City Council Chambdrs at 300 Civic C
City Clerk
Pastor Chuck Smith of Calvary
3013, at 4:00 p.m on the City's
�e entrance of the City Council
Binder located in the entrance
Recording Secretary
Mayor
Volume 61 - Page 319