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HomeMy WebLinkAbout01 - Amended MinutesCity of Newport Beach AMENDED City Council Session September 10, 2013 Director of External Affairs, John Heffernan. Agenda Item No. 1 September 24, 2013 Mr. Heffernan reported that AT &T has upgraded its fiber network and addressed what the upgrade in infrastructure would provide residents. He discussed features, additional controls and personalization, and integration of digital devices. He presented details of the U -Verse Voice product and stated that there would be total integration of televisions, internet, and voice applications. He reported on areas already using the service and features included in the system, as well as the difference between the AT &T system and cable service. He addressed installation and taking advantage of existing cabinet facilities for minimal trenching. He added that the company is open to discussing screening options, if needed. In response to Council Member Petros' inquiry, Mr. Heffernan reported that Newport Beach is part of AT &T's wire line footprint, their network is connected to every residence in the City for dial tone, and that upon ordering the service, a connection would be made to the street -side cabinet. He added that implementation would depend on space or technological limitations where an existing cabinet may not make the list of upgradable options. Mr. Heffernan addressed communicating with neighborhoods and noted that 5% of gross revenues of video franchise fees would go to the City and that 1% would go to support the City's Public, Educational, and Governmental (PEG) channel. Deputy Public Works Director Thomas reported that the Newport Beach Municipal Code limits the use of above - ground facilities in as many cases as possible unless it is deemed that they are the only feasible option, and addressed the proposed cabinets and potential locations for them. He added that the intent is to locate them in proximity to existing Service Area Interfaces (SAI) cabinets. Discussion ensued regarding options for screening the cabinets and it was noted that screening would be assessed on a case -by -case basis. In response to Council Member Selich's question regarding screening, AT &T representatives reported that the cabinets would be green, if located in a landscaped area, and addressed the need to maintain access in order to service the equipment, so screening would only occur on one side. Further, screening would depend on the location of the cabinet. Discussion followed regarding the size of the cabinets compared to traffic signal cabinets, specifications of the proposed cabinets, available colors, existing service area interfaces, and coverage area. Mr. Hefferman reported that there is an undergrounding option, but it would involve a controlled environmental vault that would necessitate an above - ground computer for maintenance and access. He stated that the vault would typically be 16' x 80', they are 80% underground, and that the above - ground equipment would be larger than the proposed above - ground cabinets. He noted that, where there are existing vaults, AT &T places underground equipment in them. In response to Mayor Pro Tem Hill's questions, Mr. Heffernan reported that installation of the system would not interfere with existing services until the service is requested. He added that the various options available are all separate products. He reported that there is ®degradation of service by transferring from copper to fiber; however, users would find increased internet speed and service. Additionally, it was noted that AT &T provides this service to areas of Costa Mesa and that, if the service cannot be provided within a certain Volume 61 - Page 263 City of Newport Beach AMENDED City Council Minutes September 10, 2013 City Attorney Harp reported that the action was taken following recommendations made by the Harbor Commission to revoke the mooring and that Council could have appealed the matter, but no Council Member chose to do so. He added that under the Newport Beach Municipal Code (NBMC), Council is time barred from reconsidering the matter, noted that multiple notices were sent prior to the revocation of the permits and that there was a hearing by the Harbor Commission. He stated that one option would include adopting an ordinance overriding the NBMC to reconsider the item, but that would be outside the normal procedure. He commented on the timeline and stated that the permittee was aware of the matter and the window where the matter could have been brought up for consideration. Council Member Petros reported attending a Newport Crest Homeowners Association barbecue on August 28, 2013, and commented positively on the event. Additionally, he announced that a Hootenanny will be held in Newport Heights on September 22, 2013, from 11:00 a.m. to 2:00 p.m. at Cliff Drive Park in order to talk about issues related to West Newport and the Newport Heights. Council Member Daigle reported that the Orange County Board of Supervisors approved hiring consultants that will support all environmental impact studies necessary to extend the City's John Wayne Airport (JWA) Settlement Agreement, adding that costs will be split 50150 with the County. She emphasized that the goal is to complete the draft for the public in early 2014 with a subsequent review process and potential completion by summer 2014. Council Member Daigle also reported spending this past summer riding bicycles along the mountains -to -sea trail which highlights the open space holdings between the cities of Irvine and Newport Beach. She reported that the City of Irvine had a bond measure in the 1980s related to open space and that the City of Newport Beach has not had one since 1952, even though the City has accumulated large amounts of open space. She concluded by reporting on the latest efforts related to Big Canyon Creek and stated that volunteers are needed for the project. Council Member Henn announced that the Balboa Village Advisory Committee (BVAC) will hold an Urban Land Institute Technical Advisory Panel (ULITAP) exercise on September 11, 2013, and will be presenting ideas on how the Balboa Village can continue its revitalization process. The joint meeting of BVAC, the City Council, and the Planning Commission will begin at 4:00 p.m. in the Balboa Pavilion and encouraged Council and the public to attend. Additionally, he announced an E -Waste collection event scheduled for September 14, 2013, between 9:00 a.m. and 1:00 p.m. at the old City Hall site. He reported that the next meeting of the Tidelands Management Committee will take place on September 18, 2013, at 4:00 p.m. in the Civic Center Community Room and addressed items on the agenda for consideration. Council Member Henn referenced approval by the Planning Commission of variance requests related to Woody's Wharf and expressed concerns that the approvals are not consistent with the interests of the community, and reported that the matter will be appealed to Council. Council Member Selich commented positively on the recent First Annual Taste of Balboa Island. Mayor Curry reported welcoming the British Consul General to the City and attending the Coastline Car Classic in Corona del Mar. XII. PUBLIC COMMENTS ON CONSENT CALENDAR Don Rypinsky, representing the property owners at 3101 Clay Street (Item 7), noted that the owners, ages 93 and 87, are delighted with their property, are presently adding on to it, and are hopeful that Council will approve their request. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. MINUTES FOR THE AUGUST 13, 2013 STUDY SESSION AND REGULAR Volume 61 - Page 268 City of Newport Beach AMENDED City Council Minutes September 10, 2013 unsafe driving speeds on residential streets. He noted working with staff to address the matter and referenced written communication he distributed that offer a solution to the problem. He reported that Council has the discretion to set speed limits, referenced an ordinance addressing traffic - calming measures, and Council's subsequent action to raise speed limits to match unsafe driving speeds. He discussed actions taken by surrounding cities to reduce speeds on residential streets and Vehicle Code 5.15 in defining residential streets. He urged Council to approve a map -plan change to submit to Caltrans, recognizing residential streets as local and implementing reduced speed limits. He listed documentation provided to Council to facilitate the process. James Van Orten commented on the need for and benefits of a real -time crime watch forum on the City's website, discussed blind spots in residential areas because of existing City bushes, and suggested placing bubble mirrors on telephone poles across alleys for increased visibility. It was noted that information related to crimes in the City can be obtained at Nixle.com. Tara Reilly -Tung representing families living on Aralia Street near Corona del Mar High School, expressed concerns with increased parking problems related to students parking on the residential streets. She referenced a High School policy which only allows Seniors to park in the front lot and suggested that they change their policy to allow first- come - first - served parking to reduce the problem. She discussed loitering, littering, noise, and other minor crimes in connection with students parking on Arala Street. She addressed surveys conducted and asked Council for assistance. Council Member Petros noted that he understands the issues and that he and Public Works Director Webb are working on keeping the matter moving forward and is committed to meet with School Board Members regarding the matter. Council Member Daigle added that the City has made a number of changes over the years and noted that it is not an easy problem to address without the cooperation of the School District. In response to Mayor Pro Tem Hill's question, Ms. Reilly -Tung reported on prior communications with the High School. Mayor Pro Tern Hill suggested that she also make a presentation to the School Board. Mara Krista reported that Newport Harbor High School has restricted parking and asked for the same for their neighborhood. She indicated their desire to work with the School District to develop a comprehensive plan and noted that they have signs prohibiting student parking but they are unenforceable. She complained of blocked driveways and expressed concerns not only about access to homes, but safety. She urged Council to consider permit parking on Aralia Street on a temporary basis until the issue is addressed. Jim Mosher commented on the process of receiving public comments, and referenced Council's prior actions to restrict public comments to three minutes, and believed that time restrictions minimizes public comments to Council. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros reported that the Bicycle Master Plan Oversight Committee met on September 3, 2013, in the Civic Center Community Room and noted that approximately 60 people attended to mourn the loss of Deborah Dean, a local cyclist and attorney, and wife of Paul Dean who was a local bicycle shop owner. He reported that the agenda for the Committee was continued and he will provide further information in another month. Council Member Henn reported that BVAC met on August 14, 2013, and provided information to the members of ULITAP. He reported that discussions also took place for recommendations revising the Volume 61 - Page 272 City of Newport Beach AMENDED City Council Minutes September 10, 2013 parking governance in Balboa Village which will be presented to the City Council at a future meeting, along with other recommendations to advance the Master Plan for the revitalization of Balboa Village. Council Member Selich reported that the Land Use Element Amendment Advisory Committee met on September 3, 2013, and continued its review of land use amendment proposals. Additionally, the Committee held its first public outreach meeting on September 9, 2013. He also announced that the Committee will be meeting on September 17, 2013, at 3:00 p.m. at the OASIS Senior Center to review final land use element proposals. XVII. PUBLIC HEARINGS 17. AMENDMENT TO TITLE 19, SUBDIVISION CODE, REVISING THE REQUIRED FINDINGS FOR LOT MERGERS (PA2013 -172). [100 -20131 Planning Manager Alford provided a staff report, addressing the purpose of the proposed amendment, prior findings of the Planning Commission related to the issue, and the City Council's recent direction. Council Member Gardner discussed efforts to provide finite definitions and believed that the issue has not been well defined. Further, there has been no improvement and that an opportunity has been missed. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Selich, seconded by Mayor Pro Tern Hill to Efind that the proposed amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061.b.3 of the CEQA Guidelines; and ))introduce Ordinance No. 2013 -17, An Ordinance of the City Council of City of Newport Beach Approving Amendment to Title 19 of the Municipal Code (Subdivisions) to Revise Findings Required for Mergers of Contiguous Lots, and pass to second reading on September 24, 2013. The motion carried by the following roll call vote: Ayes: Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Noes: Council Member Gardner 18. ANNUAL MONITORING REVIEW OF DEVELOPMENT AGREEMENT NO. 14: NEWPORT COAST (C -3382) (PA2011 -030) . [381100 -20131 Deputy Community Development Director Wisneski provided a staff report and reported receiving the required information from the applicant to substantiate that they have complied with the Development Agreement requirements. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Selich, seconded by Council Member Daigle to 3 find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and b) receive and file an annual report of the Annexation and Development Agreement. Volume 61 - Page 273 City of Newport Beach AMENDED City Council Minutes September 10, 2013 residents strongly opposed doing so In response to Council Member Petros' question regarding the maintenance of Cliff Drive Park, City Manager Kiff reported that City staff maintains the park. George Schroeder agreed that staff previously wanted to automate the service but residents opposed it. He agreed with the need to implement automation. He discussed transfer station costs in the proposal, reported that the City currently uses only 40% of the total capacity for daily use and addressed the possibility of the City leasing out the remaining capacity for additional revenue. He expressed concerns that one of the low bidders has contracts with 27 Orange County cities and they may possibly import refuse from other cities. Mr. Ezzet reported that the transfer station would be used largely for commercial waste collected in Newport Beach, but there is the possibility of partial loads from other local cities. Council Member Henn clarified that, while the transfer station is not used today for commercial trash, we would allow it to be used for commercial waste from the City. Dan Boyd questioned whether the two recommended companies can demonstrate a superior service record to communities they previously serve. He urged Council to give more time for consideration. He commented on other areas of the City that have never used City services, noting that many are not single - family detached homes. He took issue with including the reserve funds in the $17 million savings and that the City will not be returning that money to taxpayers or spending it. He questioned the unintended costs, believed that this is an irrevocable decision, and asked what would happen if this turned out to be a bad decision. He stated that the City has the opportunity to re -tool the service, and agreed with the need to implement automation, reduce claims, and comply with SB 343. Stephanie Barger, Earth Resources Foundation and the U.S. Zero -Waste Business Council, believed that the City needs to slow down, educate the public on the various options, and put together a plan. She stated that residents do not want a refuse plan, but rather a resource management plan. She commented positively on the practices of the City of Santa Monica and announced the launch of a new project through zerowastenewportbeach.org to promote reducing, reusing and recycling. She addressed the need to automate, implement a three -bin system and zero -waste policy and consider the impacts resulting from the City's reduction of waste. She indicated that most of the bids on Path #2 are cheaper and noted the need to also look at other paths. Bruce Beardsley commented positively on the City's efforts to protect its employees; however, expressed disappointment at the City's reduction of staff, increased overtime costs, and increased workers compensation claims. He asked Council to take its time and consider the matter carefully. Caroline Fitz- Gibbon commented on Newport Beach being one of the richest cities in the nation and believed that taxes paid by residents should be more than enough to operate the City. She voiced opposition to outsourcing waste collection services and commented on the excellent service provided by City staff. She noted that Council works for the people and it should listen to them and, if necessary, put the issue to a vote. Al Bartolic stated that he is not interested in the City's total Liability, but rather waste collection and noted that refuse staff only composes 3% of the total funding. He commented positively on Measure Q and suggested that State Controller John Chiang audit the proposals. Nancy Skinner commended Council for considering this issue. She commented positively on an automated system and the recycling options. She acknowledged that this is not an easy decision, Volume 61 - Page 278 City of Newport Beach AMENDED City Council Minutes September 10, 2013 Jeff Snow, President of Rainbow Environmental Services, commented on Council's and the community's commitment to service. He indicated that he would be proud to have the refuse staff be a part of the Rainbow family. He expressed the opinion that his company has not been fairly reviewed and commented on the service scores of the other bidders. Additionally, he expressed concerns with the evaluation process and pointed out that he cares for the community, the current refuse workers, and a process that would be fair to all. He asked Council to consider his proposal which keeps the same City employees on the same streets, has a better recycling component, and has competitive rates. He urged Council to take its time considering the proposals and take into account the total value of the services being proposed. In response to public comments, City Manager Kiff reported that, upon termination of the contract, the contract would be re -bid. He noted that Council does not receive full-life benefits and spoke positively on residents' acceptance of implementing automation. He reported that there is an automatic pass - through of costs (landfill rates and fuel increases) to the City if landfill rates increase. Municipal Operations Director Harmon reported that the City places a cap on contract CPI rate increases and that the maximum rate increases by the contractors is capped at 2.5 %. He addressed pass- through costs, noting they are capped at 5 %. City Manager Kiff stated that he will have staff follow -up on beach maintenance issues and reported that everyone pays a $3.00 per month recycling charge to cover the cost of materials recovery, but the public does not get a separate bill for refuse. He confirmed that there are parts of the City that pay separately for refuse and addressed the Measure Q language relative to existing or future, boundary -based costs. Regarding pension costs, he reported that today, they are 14% of the total General Fund and that by 2039 they would increase to 21% of the total General Fund. Municipal Operations Director Harmon noted that there are significant costs involved in bringing the service back in- house. He reported that an automated container runs approximately $50 per container and that, including the cost of seven new trucks at approximately $250,000 each, the total of re- establishing service in -house would be $5 million to $6 million. Further, a staff of 12 to 14 people would be needed with full automation of service. City Manager Kiff clarified his response to Council Member Selich's previous questions. He was speaking in total budget, not specific to the General Fund. Currently, pension costs take up 14% of the General Fund and by 2039 it will be 21% of the General Fund. Council Member Henn noted that there are two requirements to bring the service back in- house, including political will and dollar costs. He added that, if the political will is there and in light of the City's substantial cash reserves presently exceeding $100 million, the money is there, so there is the ready ability to reverse course in the future in the event that outsourcing does not work. He reported that the independent analysis done by the consultant was even - handed and objective. Regarding the calculations, he indicated that it is a combination of one time benefits, income from the transfer station, and savings on processing costs. He stated the he is satisfied that the analysis conducted was a high quality. In terms of quality of life, he stated that trash service is not the only measure of quality of life in the City. He added that the City's budget is a "zero sum game" and that money spent on trash is money that is not available to spend for other items such as parks, undergrounding of utilities, or improved programs throughout the City. He pointed out that this decision to outsource refuse service does not affect 1/3 of the City, but all residents will be affected to the extent that more money is spent to maintain a high -level of service. He addressed the contract terms and noted that, at the end of the terms, if the cost or service turns out to be less than what is desired, it would be re -bid or could be taken back in- house. He believed that it is appropriate to move forward with the recommendations. Volume 61 - Page 281 City of Newport Beach AMENDED City Council Minutes September 10, 2013 In response to Council Member Henn's questions, City Attorney Harp pointed out that there are ten other properties facing the same situation and that pending applications have nothing to do with the transfer of their permit. 'He added that, if the property owner requests a change in use, the property would need to be brought into conformance through the Use Permit process. He stated that the non - conforming structure could be kept, but that the use would have to be brought into compliance. Assistant City Attorney Torres added that commercial piers could extend beyond adjacent properties and that this issue has already been decided by the City Council. Larry Kallestad referenced Section 17.35.020(F) and commented on a public dock on Opal Street. He expressed concerns with parking problems and believed that the matter should be changed to conform to other laws related to use by the heirs. He added that merely inheriting property should not automatically result in a resurrection of what was occurring previously. He agreed that a new business use should be required to provide adequate off - street parking. Amended substitute motion by Council Member Selich, seconded by Council Member Henn to a) introduce Ordinance No. 2013 -15, An Ordinance of the City Council of City of Newport Beach Amending Sections 17.35.020(F) and 17.60.060 of the Newport Beach Municipal Code to Allow Certain Administrative Transfers of ?tidelands Permits and to Require Commercial Tidelands Users to Defend and Indemnify the City of Newport Beach, and pass to second reading on September 24, 2013; and b) remove "or between entities wholly owned or controlled by the same person ". Harbor Resources Manager Miller suggested adding, "...family trusts where the same person maintains majority control of family trusts ". Mayor Curry questioned whether this needs to be determined at this time. City Attorney Harp noted that the matter includes complicated issues and that, although making a decision at this time may avoid potential litigation, the matter merits additional consideration. Mayor Pro Tem Hill stated that the City Council should not enact ordinances based on what applications may be submitted on a property. Substitute motion to the amended substitute motion by Council Member Daigle, seconded by Council Member Petros to continue the item to the September 24, 2013, City Council meeting. The substitute motion to the amended substitute motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Henn, Council Member Daigle Noes: Council Member Selich 22. SPECIAL TREE REMOVAL - 300 POPPY AVENUE. (100 -20131 Municipal Operations Director Harmon reported that the matter was approved by the Parks, Beaches and Recreation Commission and that Council Member Gardner requested further discussion at a City Council meeting. He stated that staff is still recommending removal of the tree. Council Member Gardner referenced the City's Policy w1dch designates special trees (Council Volume 61 - Page 286