HomeMy WebLinkAbout03/26/2013 - Regular MeetingCity Council Minutes
Regular Meeting
March 26, 2013 — 7 :00 p.m.
I, STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 6,26 P.M
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government
Code § 64966.9(d)(1)): I matter
County of Orange o. Air California et. al.
United States District Court Case No. CV 86 -1642 (TJH) (MC-)
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 64967):
Title: Dave Kiiff, City Manager
III. ER CESS
IV. RECONVENED AT 7:00 P.M, FOR REGULAR MEETINQ
V. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Excused: Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Harp announced that there were no reportable actions taken.
VII. LEDGE OF ALLEGIANCE - Mayor Pro Tern Hill
VIII. IWIVQCATION - Mayor Curry
DC PRESENTATIONS
Mayor Curry acknowledged the attendance of Boy,Scouts Troop 741.
Presentation from Jenny Conde regarding the Vest A -Dag OC Chapter . Mayor Curry
announced that this presentation will occur at the April 9, 2013 City Council meeting
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Presentation of the National Walking Day Proclamation - Lynette Dyer, Assistant Vice
President of Union Bank in Corona del Mar, Khatchig Tchapadarian, Project Director, McCarthy
Building Company, and, Nickie Behdin, Senior Heart Walk Proctor, Orange County American Heart
Association, expressed their appreciation to Council for the Proclamation and commented on their
organizations' participation in the program
X. NOTICE TO THE PUBLIC
XI. C13X COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD
�,,1KE PLACED ON A FUTURE EE &GENDA FOR DISCUSSION ACTION OR REPORT (NON
DISCUSSION ITEM)
Council Member Henn commented on previous resident surveys and asked that staff include funds in
the next budget to support a new resident survey.
Council Member Selich referenced a recent community meeting at the Balboa Island Fire Station with
residents and homeowners to discuss the FEMA flood insurance program. He reported that he asked
the City Manager to place the issue on a future Study Session for Council to discuss.
Council Member Gardner reported a feature in Sunset magazine which mentioned the Newport Beach
Buck Gully Trail.
Council Member Petros thanked Public Works Director Webb for working with other Directors in
Orange County in getting the Orange County Transportation Authority (OCTA) to move forward with a
comprehensive study of Coast Highway. He noted that the OCTA will release the scope of work
towards the end of April and suggested having a discussion at the Council level that will direct the
conversation with OCTA so that they can understand the City's position regarding Coast Highway.
Mayor Curry reported speaking at the annual meeting of the Airport Working Group (AWG).
Additionally, he commented positively on the Youth in Government Day, Mayors- on- Whaels Day, the
Police Appreciation Breakfast, and the 111 Marines Mess Night. He also announced that he is the new
President of the Association of Orange County Cities for the upcoming year and addressed the
vulnerability of cities to cyber attacks. He asked that the issue be placed on a Study Session agenda for
future discussion.
XII. PUBLIC COMMENTS ON COGENT CALENDAR - None
Council Member Henn noted that he recused himself from the City Hall reuse and stated that
he will be abstaining from approval of the minutes far that item.
XIII. CONSENT CALENDAR
A. READING OFMINUTES Ah D ORDINANCES
1. MINUTES FOR THE MARCH 12, 2018 STUDY SESSION AND REGULAR
MEETING. 1100 -20131 Waive reading of subject minutes, approve as written and order
filed.
2. READING OF ORDINANCES. Waive reading in full of all ordinances under
consideration, and direct the City Clerk to read by title only.
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B. CONTRACTS AND AOREEMENTS
3. JAMBOREE ROAD IMPROVEMENTS - BRISTOL STREET NORTH TO
FAIRCHILD ROAD - NOTICE OF COMPLETION AND ACCEPTANCE OF
CONTRACT NO. 4071. 1381100 -20131 a) Accept the completed work and authorize the
City Clerk to file a Notice of Completion with the Orange County Clerk Recorder's Office;
b) authorize the City Clerk to release the Labor and Materials Bond 65 days after the
Notice of Completion has been recorded in accordance with applicable portions of the Civil
Code; c) release the Faithful Performance Bond one year after this Council acceptance; and
d) authorize the City Manager to execute Quitclaim Deeds to transfer three street
easement deeds to the City of Irvine.
4. STORM DRAIN CDS UNIT CONSTRUCTION - NOTICE OF COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4915. [381100 -20131 a) Accept the completed
work and authorize the City Clerk to file a Notice of Completion with the Orange County
Clerk Recorder's Office; b) authorize the City Clerk to release the Labor and Materials
Bond 65 days after the Notice of Completion has been recorded in accordance with
applicable portions of the Civil Code; and c) release the Faithful Performance Bond one
year after this Council acceptance.
5. ENERGY LEADER PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA GAS
COMPANY AND THE CITY OF NEWPORT BEACH (C- 5408). 1381100.20131 a)
Authorize the City Manager to execute the "First Amendment to the Agreement to Jointly
Deliver the 2010.2012 Orange County Energy Leader Partnership Program;" b) authorize
the City Manager to execute future Energy Leader Partnership Program agreements; and
c) designate Iris Lee in the Public Works Department as the "Energy Champion" pursuant
to the Energy Leader Partnership Agreement.
6. ENERGY LEADERSHIP PARTNERSHIP BETWEEN THE SOUTHERN
CALIFORNIA EDISON COMPANY AND THE CITY OF NEWPORT "BEACH (C-
4981). [381100 -20131 a) Authorize the City Manager to execute the "First Amendment to
the Agreement to Jointly Deliver the 2010.2012 Orange County Energy Leader
Partnership Program;" and b) authorize the City Manager to execute future Energy Leader
Partnership Program agreements.
7. AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR CITY CLERK
(C4100). [381100 -20181 Approve and authorize the Mayor and Deputy City Clerk to
execute the attached Amended and Restated Employment Agreement ("Agreement ") for
the City Clerk.
S. 2012 -2013 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT NO.
5320. [291100 -20131 a) Approve the project drawings and specifications; b) award
Contract No. 5320 to Roy Allan Slurry Seal Inc., for the Total Bid Price of $717,720.00, and
authorize the Mayor and the City Clerk to execute the contract; c) establish a contingency
amount of $36,000 .00 (5°/n) to cover the cost of unforeseen work not included in the
original contract-, and d) approve Budget Amendment No. 13BA -036 transferring
$173,741.00 from the Balboa Boulevard & Channel Road Pavement Reconstruction Project
- Account No. 7013- C2002058 (General Fund) to Account No. 7013- C2001011 (Citywide
Slurry Seal Program).
C. MISCELLANEOl
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9. PLANNING COMMISSION AGENDA FOR MARCH 21, 2013. 1100 -20131 Receive
and file.
Motion by Mayor Pro Tem Hill, seconded by Council Member Henn to approve the
Consent Calendar except for the item removed (10); and noting the abstention by Council
Member Henn on Item 1.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor
Curry, Council Member Selich, Council Member Henn
Absent: Council Member Daigle
)IV. ITEMS REMOVED FROM THE CONSENT CALENDAR
10, STAND UP PADDLE BOARDING IN NEWPORT HARBOR - HARBOR COMMISSION
UPDATE. 1100 -20131 Receive and file.
Council Member Gardner invited Harbor Commissioner Blank to the podium.
Harbor Commissioner Blank reported that the Harbor Commission evaluated the safety of stand
up paddle boarding in Newport Harbor. He listed residents and businesses that have been
generous with their time and talents in forming the recommendations, and reported that the
Harbor Commission is recommending against additional restrictions to paddle boarding in the
Harbor at this time; however, the Harbor Commission recommends a public forum be conducted
in May on paddle boarding and boating'safety. He announced that there will also be a similar
forum at ExplorOcean on April 7, 2013, from 10:00 a.m. to noon.
Approve motion by Council Member Gardner, seconded by Council Member Henn to
receive and file.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petms, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS
Fred Levine commented on the boardwalk and requested that Council prohibit the use of motorized
vehicles on the boardwalk due to safety concerns.
Jim Warren discussed the construction of the new Civic Center and took issue with how lighting has
been programmed relative to the sail and City Hall, the height of the sail, and the sail's infringement on
views. He distributed written comments for Council to review.
City Manager Kiff reported that the City will take possession of the building soon. He acknowledged
the need to be good neighbors and stated that the City will continue to work on the issues.
Rita Sanglerat thanked the City for its efforts in dredging the canal in Newport Shores, but asked how
and when the mountain of sludge will be removed. Mayor Curry directed her to speak with Public
Works Director Webb regarding the matter.
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Mark Kopazkie took issue with the reflective properties of the City Hall sail and requested that the City
address the matter to minimize light impacts on the adjacent residences.
Debra Allen provided a handout and expressed concerns regarding the negative impacts to views due to
the new City Hall, especially from MacArthur Boulevard.
Gary Carlson agreed with the negative impacts to nearby residents by the new City Hall, He expressed
concerns regarding light pollution, as well as the reflection from the sail.
Barry Allen welcomed the City to the neighborhood, but expressed concerns regarding the negative
impacts to views by the parking structure. He encouraged Council to close the top level of the parking
structure when it is not necessary for it to be open.
City Manager Kiff reported that the City is moving from the old facility on April 5, 2013, and will not be
open for business until April 11, 2013 at the new facility. He addressed the upper level of the parking
structure and reported that staff will revisit the matter when the project is complete. Additionally, the
Building Committee will consider providing additional screening on the backside of the parking
structure. He reiterated that the City wants to be good neighbors and will continue working on the
issues of concern.
M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner reported that the Water Quality/Coastal Tidelands Committee recently set up
its agenda for the year and will discuss street sweeping, hazardous waste pick -up, keeping track of
Total Maximum Daily Loads (TMDLs), monitoring the Arches area, and dry- weather flows into areas of
special biological significance.
Mayor Pro Tem Hill commended the Chamber of Commerce on the Police Appreciation Breakfast,
noting that it was well - attended, and commended the Newport Beach Police Department for the fine
work that they do. He also congratulated Hoag Hospital on the success of the Toshiba Classic Golf
Championship.
Council Member Henn reported that the Balboa Village Advisory Committee (BVAC) considered
finalizing a recommendation to Council for enhanced maintenance in the Balboa Village area. He also
reported that the Tidelands Management Committee considered whether the Committee should be
extended and, if so, in what form. He indicated that it was concluded that the Committee should be
extended, will be subject to the Brown Act going forward, and its primary purpose will be to manage the
content and spending associated with the Tidelands Capital Management Plan and act in a
complementary way to the Harbor Commission. Further, the Committee will also act in a
complementary way to the Water Quality /Coastal Tidelands Committee which will be primarily
concerned with ocean - facing beaches and water - quality issues. He reported that the Tidelands
Management Committee will present its new mission to Council at an upcoming meeting. Council
Member Henn added that the Harbor Commission voted to approve that Committee's mission as well.
He added that the Finance Committee reviewed reserve funding levels for the principal discretionary
funds and voted to recommend the transfer of some funds in order to bring the City into compliance
with established City Council Policies. Further, the Finance Committee also considered park in -lieu fee
payments and reviewed the Facilities Financing Plan (FFP), the draft Debt Management Policy, and
the Request for Proposals (RFPs) for Residential Solid Waste Services.
XVII. PUBLIC HEARINGS
11. CITY HALL COMPLEX REUSE AMENDMENTS, GENERAL PLAN AMENDMENT NO.
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GP2012 -002, COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -001, AND ZONING
CODE AMENDMENT NO. CA2012 -003 (PA2012 -031) - 3300 NEWPORT BOULEVARD
AND 475 32ND STREET. 1100 -20131
Mayor Curry reported that staff is recommending that the item be continued indefinitely and
noted that written comments have been received on this matter.
Council Member Henn recused himself from this item because he has a business
relationship with a business in Via Lido Plaza and left the dais.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Gardner, seconded by Mayor Pro Tam Hill to continue the
item to a date uncertain.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry,
Council Member Selich
Absent: Council Member Daigle
12. MEDICAL OFFICE BUILDING USE PERMIT APPEAL - 441 OLD NEWPORT
BOULEVARD - USE PERMIT NO. UP2011 -011 (PA2011 -056). [100-20131
Community Development Director Brandt reported that, since the filing of the appeal of the
Planning Commission's action, the applicant has significantly modified the proposal. She
indicated that the modifications are a change to the Conditional Use Permit and recommended
that Council refer the project back to the Planning Commission so it could be heard at its April 3,
2013, meeting.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Gardner. seconded _bv_ Council _Member Selich to direct the
Planning Commission to review and take action on the application which has been revised to
provide the minimum number of required parking spaces for the proposed medical office use
pursuant to an off site parking agreement with the adjacent property owner of 445 Old Newport
Boulevard, pursuant to Zoning Code Section 20.40.100.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Absent. Council Member Daigle
13. ANNUAL REVIEW OF THE PACIFIC VIEW MEMORIAL PARK DEVELOPMENT
AGREEMENT (PA2009 -024) - 3500 PACIFIC VIEW DRIVE. 1381100 -20131
Mayor Curry reported that staff is recommending that this item be continued to the April 9,
2013, City Council meeting.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the public
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hearing.
to continue
the item to the April 9, 2013 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Peirce, Mayor Pro Tam Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
14. ANNUAL REVIEW OF THE NORTH NEWPORT CENTER DEVELOPMENT
AGREEMENT CONSISTING OF FASHION ISLAND, BLOCK 600, BLOCK 300, AND
PORTIONS OF BLOCK 100, BLOCK 400, BLOCK 600, AND SAN JOAQUIN PLAZA
(PA2009 -023). 1381100.20131
Associate Planner Nueno utilized a PowerPoint presentation to address the terms of the
Development Agreement, display a vicinity map, and discuss approved and completed projects,
and covenants and improvements.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Setich, seconded by Mayor Pro Tam Hill to find the review
exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 16321
(Class 21 • Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; c) find that the
applicant has demonstrated good faith compliance with the terms of the Development
Agreement; and d) receive and file the Annual Report of the Development Agreement for North
Newport Center.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tam Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
Mayor Pro Tem Hill commented on the number of Development Agreements in the City and the
amount of staff time spent annually compiling the reports. He questioned whether there was
another way to review these rather than yearly if the applicant is in compliance.
Community Development Director Brandt reported that both State law and the Newport Beach
Municipal Code require periodic review of the City's Development Agreements on a 12-month
basis; however she can work with the City Attorney's Office to determine if there are options that
Council could take rather than a yearly review. However, the current Municipal Code requires
that Council conduct an annual review and make the finding of compliance.
XVIII. CURRENT BUSINESS
15. LOAN OF SCULPTURE TITLED "UPROOTED II" FOR CIVIC CENTER (C-
6407). [381100 -20131
City Arts Commission Chair Smith reported that the Commission voted unanimously to
recommend that the City Council agree to the loan of a sculpture titled "Uprooted 11" for
placement at the Civic Center.
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City Arts Commissioner Boller introduced the artist and provided details about the sculpture.
She addressed the artist's experience and qualifications, and presented options for placement at
the Civic Center.
Discussion ensued regarding the responsibility for installation and it was noted that the artist
would be responsible for delivering the sculpture to the site, but the City would be installing the
piece. Further, the loan would be for one -year and, at the end of the year, the City would have
the option to purchase the piece. However, if the City decides to not purchase the piece, the
artist would be responsible for removing the piece from the site.
Mayor Curry expressed his appreciation to the City Arts Commission and the artist.
Motion by Council Member Gardner, seconded by Council Member Petrog to a) approve
and authorize the Mayor to execute the Agreement for Loan and Display of Sculpture between
the City of Newport Beach and Sarah A. Wilkinson ("Agreement "); and b) display "Uprooted II"
within the Civic Center area.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
10. PROPOSED COUNCIL POLICY I -13: PUBLIC ARTS AND CULTURAL FACILITIES
FUND. (100 -20131
Mayor Curry reported that the City Council had the opportunity to discuss the item during a
Study Session,
Council Member Gardner congratulated the Mayor for getting the matter on the agenda
expeditiously.
Mayor Curry discussed the City Council Policy and noted that it establishes the intent to divert
2% of Development Agreement fees into the Public Arts and Cultural Facilities Fund, as well as
related provisions.
Motion by Mayor Curry, seconded by Council Member Henn to adopt Resolution No. 2013
31, creating Council Policy I -13 relating to Public Arts and Cultural Facilities.
In response to Council Member Gardner's questions, Mayor Curry reported that Development
Agreement fees are, for the most part, unallocated. City Attorney Harp clarified that specific
amounts of Development Agreement fees are allocated for public benefit and Council Policy 1 -13
would divert 2% of the public benefit fees to the Public Arts and Cultural Facilities Fund.
Regarding planning and overseeing the artistic design process, Mayor Curry stated that the
artistic design process would be under the purview of the City Arts Commission.
City Arts Commission Chair Smith reported that the Commission has not had a chance to take a
formal vote on the matter but indicated his support.
Craig Smith commended Council for this action and expressed support for its adoption.
Tom Pollack, ExplorOcean, commended Council for considering this matter and believed that it
will be a benefit that is seen well beyond today and will have positive impacts for the City.
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Laura Curran reviewed current practices and programs related to art in the City and believed
that it is unclear as to what arts and activities are currently not being funded by the City and
what the City is lacking. She expressed concerns that the gap is not clear and requested
information regarding the amount of funds to be raised and what other types of activities need
dedicated funding,
Rochelle McReynolds, ExplorOcean, commended Council for addressing this item, commented
positively on public art, and spoke in support of the matter.
Council Member Henn commented positively on the policy, but pointed out that the initiative
should be included in the budget for fiscal year 2013/2014 and in the facilities financing planning
tool. He indicated that the funding stream will probably not generate material amounts of
money until next year, expressed support for the policy, and discussed the need for an Arts and
Culture Master Plan for the City which would include long -range plans and proposals for
facilities and art, as well as a art procurement program. Additionally, he recommended directing
staff to generate an RFQ for Council approval, whereby the City would hire an art expert to lead
the Master Planning process, there would be a well - defined scope and deliverables, and the
target date of the completion of the plan would be mid -2014. Additionally, he requested that
staff return with recommendations for expanded, on -going art programming and related funding
streams.
Mayor Curry expressed support for Council Member Henns suggestions and indicated that he
looks forward to staff returning to Council with appropriate language and reports.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
17. GENERAL PLAN ANNUAL STATUS REPORT INCLUDING HOUSING ELEMENT
REPORT (PA2007 -196). 1100 -20131
Community Development Director Brandt noted that this is another reporting function required
by the State and presented recommendations.
Jim Mosher commented positively on the report, addressed the Facilities Finance Plan (FFP),
and the requirement for the City to maintain a 2006 General Plan Fiscal Impact Model. He
believed that the model was not applied to the recent Uptown Newport project, questioned if it
occurred, and questioned whether the approval of the project was in compliance with the General
Plan.
Motion by Council Member Selich seconded by Council Member Henn to authorize
submittal to the Office of Planning and Research (OPR) and the Department of Housing and
Community Development (HCD).
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
18. MEMORANDUM OF UNDERSTANDING (MOU): JOHN WAYNE AIRPORT (AVA) (C-
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3424), 1381100 -20131
City Manager I£iff provided a PowerPoint presentation to discuss the JWA Settlement
Agreement, the parties involved, terms of the agreement, current use of the airport, expiration of
the agreement, and details of the 1990 Airport Noise and Capacity Act (ANCA). He compared
the existing and proposed Settlement Agreement as it relates to noise -based curfew, Million
Annual Passenger (MAP) count, Class A Average Daily Departures (ADD), and loading bridges.
He presented critical facts, including expiration of the agreement, number of parties involved and
their and interests in the Settlement Agreement, ANCA, and other agencies. City Manager Mff
addressed passenger load factors, Class A versus Class E distinctions as it relates to noise, trends
in noise, the current access plan through 2015, and airport issues. He presented details of recent
trends at JWA and noted that growth near the end of 2012 and beginning of 2013 has been high.
He addressed FAA projections and the importance of the curfew, the MAP cap, ADDS, and
ANCA. He addressed the process going forward, summarized the resulting elements, and
encouraged those interested in getting additional information to contact the City Manager's
Office or the City Attorney's Office. He expressed the opinion that a united effort by the City and
the community is required for a successful Settlement Agreement.
Mayor Curry commented on the course of the negotiations and the cooperation needed by all
parties in order to achieve a the Settlement Agreement and obtain a 15 -year extension on the
noise curfews.
Mayor Pro Tern Hill commended all the parties and commented on the importance of the work
conducted by AirFair to ensure that the airport does not impact quality of life anymore than it
absolutely has to.
Jim Mosher expressed concerns regarding the lawsuit (County of Orange vs. Air California) and
questioned what the FAA has determined so far. He also expressed concerns regarding allowing
an unlimited terminal with unlimited loading bridges, and including an incentive to increase
activity in the coming years. He believed that the language that specifies those conditions is
confusing and ambiguous.
Motion by Council Member Selich, seconded by Mayor Pro Tenn Full to authorize the
Mayor and the City Clerk to execute the MOU regarding preparation of an Environmental
Impact Report (EIR) for JWA.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Absent: Council Member Daigle
19. MOBILITIE TELECOMMUNICATIONS PERMIT FOR FAUX EUCAPLYTUS TREE
MONOPOLE LOCATED AT 2401 IRVINE AVENUE (PA2410 -073). [100 -20131
Associate Planner Nueno provided a Power Point presentation to discuss the background. She
highlighted the vicinity map, and discussed the Conditions of Approval, landscape and
maintenance, details of the proposed landscape plan, screening efforts, and photo simulations at
various years of planting. She reported on proposed changes to the Conditions of Approval
relative to Condition Nos. 7 and 23.
In response to Council Member Petros' questions regarding possible architectural alternatives,
Associate Planner Nueno reported that there have been no other alternatives provided. Council
Member Petros addressed a tower design alternative that was considered to be unviable due to
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poor aesthetics with the existing church building. However, he indicated that, to arrive at that
conclusion, one would have needed to put together renderings to declare that its appearance did
not integrate with the existing church building.
Mayor Pro Tem Hill reported that he was approached, early in the process, to review a tower
alternative and through the process, a hand sketch was developed recognizing that the height
required to execute the technical function of the system was not viable. He reported that it
would have towered above the church and had no relationship with the church. Council. Member
Petros took issue that he has no evidence indicative of the finding, but noted that he has seen an
example at the Lutheran Church in which a bell tower is being proposed as a screening element
for telecommunications facilities. He referenced telecommunication screening priorities within
the Municipal Code and believed that it seems that the project went directly to a lower level
priority with no evidence to support the higher priorities.
Council Member Gardner wondered about other options considered besides the pine trees and
whether they would be taller than the pine trees. Associate Planner Nueno reported that the
original landscape plan showed the faux Eucalyptus trees which are taller than the pine trees,
but noted that the pine trees will grow over the height of the faux Eucalyptus trees. She stated
that no visual simulations have been generated showing the various options but that staff can
work with the arborist and the applicants engineers to develop an acceptable solution.
Community Development Director Brandt reported that the intent of using two trees is to create
two different levels of tree canopy in order to properly screen the monopole at the point where the
faux branches separate. She added that the second strand of trees is intended to help soften the
view of the upper story canopy of the faux Eucalyptus.
Discussion followed regarding the length of time before the proposed trees mature, Staff
presented photo simulations at planting, after five years, and at maturity.
James Rogers, Mobilitie LLC, addressed issues of concern, including long-term maintenance of
the monopole and additional landscaping for added screening_ He referenced materials
distributed to Council under separate cover, and reported that the proposed trees are not Blue
Gum Eucalyptus and pine trees were added in the front at the request of staff. Mr. Rogers
expressed concerns regarding Condition of Approval No. 32 in which it requires the facility to be
removed when a carrierloperator leaves the site. He noted that Mobilitie LLC owns the tower
and requested modifying the language. He added that the height of the tower is necessary to
provide the service desired by residents and noted that it supports multiple carriers. He further
addressed the sizes of the proposed trees.
Jim Mosher believed that the proposal would have a negative visual impact to the area and that
the area is a designated coastal view road. He spoke in opposition to the proposed project and
believed that there are less obtrusive alternatives that need considering, as well as alternative
locations.
Motion by Mayor Pro Tom Hill, seconded by Council Member Selich to adopt Resolution
No. 2013.30, as amended, approving Telecommunications Permit No. TP2010.010 for a
telecommunications facility located at 2401 Irvine Avenue (PA?010 -073).
Council Member Petros believed that the City can provide the level of service that is desired, but
that a full analysis has not been conducted. He reiterated that there is a lack of evidence to help
formulate the findings that the priorities have been exhausted. He believed that it is possible to
consider other alternatives in order to develop a plausible solution. Council Member Petros
requested that Council deny the application and send it back to staff to determine if there are
other alternatives that would provide the same level of service desired.
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Council Member Henn requested that the motion be amended to provide for use of Lemon.
scented Eucalyptus trees since they are taller at planting and grow taller more quickly,
improving the aesthetics of the project. Associate Planner Nueno reported that staff would be
amenable to the use of Lemon-scented Eucalyptus trees in conjunction with the pine trees and
addressed the sizes of the trees at various future points. She read the Conditions of Approval
relative to maintenance of the facility and added that the maintenance of color would be
included, as well as painting and texturing to adequately maintain the facility.
Mayor Pro Tom Hill and Council Member Selich agreed to include the requirement of
planting Lemon - scented Eucalyptus trees in the motion.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn
Noes: Council Member Gardner, Council Member Pettus
Absent: Council. Member Daigle
XiX. MOTION FOR RECONSIDERATION
Council Member Gardner reported that one person has been appointed to two City Committees which is
against Council Policy A -2. She requested that the City Clerk review Board, Commission, and
Committee appointments to verify that there are no other duplicative appointments, and bring back a
future report to address current duplicative appointments.
XX. ADJOURNMENT -9 :87 p.m
The agenda for the Regular Meeting was posted on March 22, 2018, at 7 :27 a.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
The amended agenda for the Regular Meeting was posted on March 22, 2018, at 8:28 a.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
,
Recording Secretary
Mayor
'4M [b�m �
City Clerk
Volume 61- Page l l'7