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HomeMy WebLinkAbout01 - Minutes AmendedCity of Newport Beach City Council Study Session February 12, 2013 Agenda Item No. 1 February 26, 2013 City Manager Kiff reported one of the reasons that City staff wanted to bring this to the Council today before going further was to ensure Council support for a specific direction that would include encroachment zones like West Newport Beach. Deputy Director Wisneski said based upon conversations with Coastal Commission staff to date, the most time- intensive and costly element will be the development of the restoration plan. Council Member Selich suggested engaging the Coastal Commission biologist to walk the area and make an assessment of the areas needing restoration. Council Member Petros stated it would be wise to investigate some of the issues and know what the costs will be. He reported that Council Policy L -12 prohibits encroachments in the area, with the exception of existing trees and ground cover and that ground cover is defined as ice plants or indigenous planting requiring no irrigation. He indicated he doesn't know how culpable the City was in this regard, but if the City will take the lead, the costs need to be known and borne and shared by the responsible parties. In addition, he commented on the mitigation plan for the West Ocean Front, noting it dealt primarily with improving parking. He expressed interest in king the staff mitigation measures proposed by as well as the offsets and nexus. Mayor Curry opened public comments for this item ♦ I Jim McGee, representing many of the ocean front the City outlining the issue. He noted some of the e the 1950a and presented a brief history of the actions. Mr. McGee acknowledged the existence of: ownerships, and the results of the City not taking possibility of improving beach access, addressed property beyond 15 feet. He stressed the nee would work for everyone. iers fg&ceffa letter to Oe: there si ne revious Council nges in property 's issue. He stated the it, and City control of the cooperative approach that Jim Mosher questioned why the City ns ghl -of -way and suggested throwing out Policy L -12 and extending the ort'Meachwboardwalk from the Santa Ana River to the harbor entrance. He expre a the item has not received consideration by the Parks, Beaches and Recre Co mission (PB &R) and addressed the powers given to the Commission through a City Charter. Hearing no further testimony, Mayor Curry closed public comments. Mayor Curry noted this is a difficult issue for the residents and most of the ground cover is there to prevent sand from blowing into people's homes. He stated Council will have the opportunity to vote on the issue and give specific direction to staff in the regular meeting. City Manager Kiff reported staff does not necessarily envision an opportunity for additional parking in the area and suggested possible ways to bring people into the area that could accomplish public access without impacting the streets, such as a summer shuttle service. Volume 61 - Page 47 City of Newport Beach City Council Minutes February 12, 2013 materials, equipment enclosures, site photographs, photograph simulations and conditions requiring additional landscaping. In response to an inquiry from Council Member Petros, she addressed the distance between the proposed trees and the existing public right -of -way. She noted that the proposed new trees are similai in height to the proposed faux tree. Director Brandt added that staff just received photo simulations of the faux and proposed new trees and has not had time to discuss them with the applicant. Brief discussion followed regarding setback requirements for the equipment building Community Development Director Brandt reported that it would be an accessory structure that would need to comply with Municipal Code requirements. She added that there is no variance being requested in terms of the setbacks. .Associate Planner Nueno addressed-staff concerns relative to`;the location categories within the Municipal Code noting that staff feels that a higher,priority location may be feasible. Additionally, staff has concerns with the height being requested above the fifty- four -foot height limit and is unsure whether the additional height is necessary. Presently, the site contains four carriers and=;the used project, would allow a total of eight carriers on site. Staff is concerned'sthere(' -may be a potential of over- concentration of co- location telecomm facilities and.the,proposal would allow current carriers to move to the faux tree location. Associate`Plannei-Nueno reported that the coverage needs were not demonstrated within the application relative to the requested height and that the needs of future carriers were not demonstrated as well. She added that staff is unable to determine whether appr'6val of the application at a lower height would result in a denial of service:' In response to Mayor Pro Tern Hill's inquiry, Director Brandt reported that in conjunction with a review of the application, the applicant submitted coverage maps indicating coverage undenthe "varying structure heights and are provided as part of Council's packet. However`;'.distiiiguishing factors are not shown, especially in outlying are":- She noted;that•there is no information relative to the height potential additional carriers may need:,She reported that staff has identified design options for Council to review and :asked for Council direction. She addressed recommendations according to the various options presented. In response to an inquiry from Council Member Gardner, Associate Planner Nueno reported that this is the first faux tree application that Council has seen and listed existing monopoleswithin the City. 1� Mayor Pro Tem Hill inquired regarding the process of establishing the priority of locations. Associate Planner Nueno reported that Council established them when it adopted the Telecommunications Ordinance as part of the Municipal Code in Title 15 and addressed its purpose. She listed the various priorities and their descriptions. Council Member Henn inquired regarding the maintenance of faux trees over time Director Brandt reported that they have the potential to not age well as the foliage can fade over time and future extensions may not match the original tree. She reported that staff has had discussions with the applicant regarding appropriate maintenance for the proposed tree and they have agreed that they would have an Volume 61 - Page 60 City of Newport Beach City Council Minutes February 12, 2013 Council Member Selich reiterated his concerns and highlighted getting the information before initiating the amendment. Council Member Gardner commented on the merits of the City presenting its plan rather than leaving the matter open for Coastal Commission input., The substitute motion failed for lack. of a second. Mayor Curry stated that he believes Mr. McGee made a compelling case and noted that there are unpleasant options all around. He felt that the ro osal does the best job in aligning the residents and the City in on -going negotiations that will occur with the Coastal Commission. Council Member Henn stated that when the item returns, he would like to understand the cost estimates broken down by the fifteen -foot segment as''well as the remaining areas. 4 City Manager Kiff reported that Council would be in change of that- :issue through the budgetary control process. Mayor Pro Tern Hill stated that the discussion las been ielative to when and how to mitigate the matter with the Coastal Commission. He added that a unique element concerns the existence of an approved plan-in another�.part of town and indicated that he would support the motion. The motion carried by the following roll, call vote: Ayes: Mayor Curry, Mayor Pro Tern Hill, Council Member Daigle, Council Member Gardner, Council Member Henn, Council, Member Petros Noes: Council Member Selich 23 INITIATION OF AN- AMENDMENT TO THE ZONING CODE TO MODIFY THE MINIMUM LOT. AREA/DENSITY STANDARD FOR MIXED -USE ZONING DISTRICTS. [100 - 210131 ' Community Development' Director Brandt introduced the item and deferred to staff for a report. Planning Manager Patrick Alford presented an overview of the proposal addressing background and noting there are smaller properties within the City which have difficulty meeting the minimum lot arealdensity standard for Mixed -Use zoning districts. He asked Council to provide direction and allow for increased flexibility in modifying or waiving the standard. Council Member Henn asked when the item is presented to Council; he would like to see examples showing the challenges' in meeting the stated standards. Mayor Curry opened public comments for this item. Hearing no testimony, he closed public comments. Volume 61 - Page 65 City of Newport Beach City Council Minutes February 12, 2013 Motion by Mayor Pro Tem Hill, seconded by Council Member Selich to direct staff to initiate an amendment to Chapter 20.22 (Mixed -Use Districts) of the Zoning Code. The motion carried by the following roll call vote. Ayes: Mayor Curry, Mayor Pro Tern Hill, Council Member Daigle, Council Member Gardner, Council Member Henn, Council Member Petros, Council Member Selich 24. DECOMMISSIONING AND INTERIM USE OF THE EXISTING CITY HALL PROPERTY (3300 NEWPORT BOULEVARD). [73/160.7 131 City Manager Kiff introduced the item, provided a brief' update on the status of proposals for the old City Hall property and deferred to staff for=e report. ti Public Works Director David Webb presented a PowerPoint presentatIinn and included details addressing general task items, keeping-,the forme r. Council; Chambers open for community meetings, exterior barriers, removing existing shrubs, rails, stairways, roof access, interior barriers, existing landscaping,., amenities and utilities. Brief discussion followed regarding maintaining the. interior of the old Council Chambers. Public Works Director Webb addressed removal of existing signage and removal of the portable trailers. Brief discussion followed, regarding options for disposition of the trailers and the possibility of salvaging them.` Finance Director/Treasurer" Dan Matusiewicz presented information regarding parking options and addressed an;•existing reciprocal agreement with the adjacent church. He,addressed the =pros and cons of each of three options presented including related cost's_. He presented,recommendations as listed in the presentation and detailed the parking configuration as well as revenue assumptions and investment returns, and parking, lot revenue and expenditures. Mayor Pro Tem'Hill expressed concerns with formalizing the old City Hall parking lot as public parking on an interim basis. He felt whatever is planned for the property will have to be reviewed before the Coastal Commission. He addressed the time before the existing' buildings will be demolished and the possibility of the Coastal Commission requiring replacement of the public parking spaces. Currently, the parking area is designated as commercial parking and he stated he would like for it to remain the same. He suggested negotiating a lease with the adjacent church and other business entities close by which may be interested in leasing a portion of the property. Director Matusiewicz noted staff is hopeful the City could reach an agreement with the Coastal Commission consistent with their goal of providing public access parking to the beach as long as they knew it was only interim, they may be agreeable. Volume 61 - Page 66 'City of Newport Beach City Council Minutes February 12, 2013 City Attorney Harp felt the Coastal Commission will probably impose conditions on the project and there is always a risk by creating the interim use as the. Coastal Commission may see something they would like to make permanent. Council Member Daigle stated the City has done well with parking. City Manager Kiff explained the permit process with the Coastal Commission and expressed his concern that the Coastal Commission would seek to approve or deny pay stations in the City's own parking lot. He agreed with Mayor Pro Tem Hill's comments and noted there is no evidence people use the parking lot to go the beach. In reply to Council Member Daigle's inquiry, City Manager Kif£ reported that, upon the removal of the trailers, either wood chips or grass would be installed in their .place. Discussion followed regarding the possibility of allowing food-,trucks and other events on the property to help with revenue generation. Public Works Director Webb stressed this would be an- interim_u_se and staff could explore other options for business use of the property. ' Council Member Gardner agreed with Mayor Pro Tem Hills comments. She felt there could be opportunities for negotiating with nearby businesses while making a clear case this would not be public beach parking. Council Member Selich agreed with Mayor Pro ;Tern Hill's comments. He suggested shutting the whole site down to minimize future problems. Mayor Curry reported he parks there when he visits local business including the theater. He indicated he would support the parking concept and negotiate with surrounding business; otherwise there is a lost opportunity. Council Member Petros questioned what effect the matter would have on future developments on the site and indicated the he would be interested in knowing details of the security,plan and efforts for saving existing trees and plants. He suggested engaging the Police"Departmerit with security and the City Arborist regarding the latter. Council Member Henn stated he does not want the facility to look like it's been shut down and expressed:supportfor the idea of maintaining the Chambers for use by community groups. He agreed with removing the trailers and suggested installing turf in the area rather than bark. In terms of chained -link barriers, he hoped that staff would find something more aesthetic than simple chained link fencing. Regarding parking, he shared the concerns of Council regarding the Coastal Commission and indicated if there is a way to structure agreements with surrounding businesses. hat would be preferable. Discussion followed regarding the need to go before the Coastal Commission to install pay stations and the possibility of leasing out parking to adjacent or nearby businesses. Volume 61 - Page 67