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HomeMy WebLinkAbout01 - Minutes - 7-6-10Agenda Item No. 1 July 27, 2010 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session July 6, 2010 — 5:00 p.m. I. ROLL CALL Present Council Member Selich, Mayor Pro Tem Henn , Mor Curry ,Council Member Webb, Council Member Gardner fl Excused: Council Member Rosansky, Council Member D",le II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON 2. OASIS KING PALM TREES. Deputy Public Works Director Webb went ovetdocuments distributed to Council and discussed resident concerns.r:. Project Architect Bob Coffee ilize werPomt presentation to discuss palm species, view planes, the site pla and pole ents'simulate tree heights. Council Memll, lepsansky arri ed 5:15 p.m In response^ to Counr it questions, dscape Architect Bill Rabben discussed tree selection g}vth characteristics, tr' ing impacts, how trees will affect the view planes, and c' im Digrado _ ress oncern for the impact of the tree height on the view plane and potential sheTxoperty values. ar Weeshoffa ressed s`# ry ri`port for protecting the view planes. 1 Poochigian 'scussed an agreement he had with the City and supported Prot g the vie plane. David Ho oted the position of the Board of Directors for Harbor View Hills South to m in the view plane. Deputy Public Works Director Webb discussed tree options, such as deed restrictions or selecting a different tree species. Council Member Gardner noted the great effort made to meet the needs of residents and suggested assuring residents that if tree heights go above a certain height, the City will act on it. Council Member Selich discussed a similar situation with Date Palms on McArthur Volume 59 - Page 524 City of Newport Beach City Council Study Session July 6, 2010 and Coast Highway, Mayor Pro Tem Henn agreed that assurances to residents should be provided and the City will act on problems if they should occur. Mayor Curry agreed with Council Member Gardner's suggestion to provide assurances to residents by documenting the City's intent to remove trees over 35 feet. Mayor Pro Tem Henn expressed support for writing ' letter to homeowner associations as opposed to entering into a deed restriction. O Council Member Webb also expressed opposition to eering into a deed restriction and noted that the King Palms were aesthetically 1141 sft1g.n photographs. III. PUBLIC COMMENTS Fire Chief Parker reported on Fire I weekend and noted that there were no Police Chief Johnson reported on Police and noted a 10% reduction in activity. Mayor Pro Tem Henn noted the exc r and felt it was a good start to making' e I, IV. ADJOURNMENT - 5:57 p.m The agenda for the St, ,Session wa City. Hall Bullet r "Bo 4d located Administration Btffldine. City Clerk responses the 4th of July during the 4th of XVy weekend in by the Police Department family - friendly. on Juni&430, 2010 at 5:80 p.m on the of the City of Newport Beach Recording Secretary Mayor Volume 59 - Page 525 CITY OF NEWPORT BEACH i y Uouncil Minutes City Council Regular Meeting July 6, 2010 — 7:00 p.m. I. STUDY SESSION - 5:00 p.m. II. CLOSED SESSION A. Conference with Legal Counsel - Existing rgati (Government Code § 54956.9(a)): Three matters: ^F � 1. City of Newport Beach v. Leason Orange County SupNCase t Case No. 2008 - 00102565 2. Pacific Shores v. Newport B 4h�.= J.S. District Court SACV 08- 0 0457 AG (PLAx) 3. Newport Coast Reco y and Yellowstone Recovery v. City of Newport Beach, U.S. District se No. SACV'9p,0701 DOC (ANx) B. Conference with Legal Con sel ated ,%'Atigation - Exposure to Litigation (Government Code § 4956.9( ttl4i" Potential litigatior,arding Next Sapp . , tion for of public right -of -way for new IIL RECESS : IV. RECONVENED AT 7 OOP 11L FOREGULA1tMEET] V. _ROLL C Council Membe °Sehcl guncil Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council her wek Council Member Gardner Council Member We VI. CLOSED SION R ORT - City Attorney Hunt reported that Council will reconven to Clos Session at the end of the meeting. VIL PLEDGE'OF ALL t' CE - Council Member Rosansky VIII. INVOCATION -Pastor Bradley Stienstra, Newport Harbor Lutheran Church IX. PRESENTATION Parks and Recreation Month Proclamation - Mayor Curry presented the proclamation to Parks, Beaches and Recreation Commission Chair Brown. Chairman Brown thanked Council for the recognition. X. NOTICE TO THE PUBLIC Volume 59 - Page 526 City of Newport Beach City Council Minutes July 6, 2010 XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) XVI. Council Member Webb announced that the Aviation Committee received a presentation from the Orange County Airport and Tom Edwards regarding the proposed DUUKE runway and the new procedures that the FAA is examining. He commended the Recreation and Senior Services staff for a successful Mariner's Park July 4th parade noting that there was more participation this year. Mayor Pro Tem Henn announced that he attended the Barrett- Jackson Auto Auction, Mariner's and Peninsula Point 4th of July parades, and thWPohce Department briefing on July 4. He stated that a different approach for the 4th of J Holiday was taken this year, reported that arrests were down although there were more iho s, stated that the City will start planning for next year, and thanked the Genera l�rvicc artment, City Manager Mff, and the Police Department for their hard work. Mayor Curry announced that he toured the -fi Center, participated in the Police Chief Swearing-In ( Tim Toone during Mr. Irrelevant Week, welco&,ed th and attended the 4th of July Police briefing. He 66'rjtjp House for the new Civic Center, thanked the Americibi to ride in the boat parade, discussed lice staff pror Webb for being the Grand Marshal in t _ Sth Annual Without objection, Mayor Curry site of the "`, wport Learning my, provided the "' to the City to ;ary crew from the USS Gary, staff for hosting a suessful Open )n for allowing him the opportunity S, and recognized Council Member endence Day parade. 11 out of order. 11. GENERAL ALIONICIPAL ELECT - NOVEMBER 2, 2010: ADOPTION OF RESOLUTk,S CALLING THE CTION, REQUESTING CONSOLIDATION WITH THE411TEIDE GENER � ELECTION, ADOPTING REGULATIONS PERTAINING��I DATES S TEMENTS, SUBMITTING QUESTIONS FO OS It lj MENTS AND ORDINANCE REPEAL; NG RITIrES FOR FILING WRITTEN ARGUMENTS REGARDING ITY MEASU IRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL YSIS uND PROVIDING FOR THE FILING OF REBUTTAL GUMENTS F TWO Y MEASURES. [391100 -2010] r Curry disc sed the loopholes relative to Proposition 13, stating that the propo I Charter p visions will eliminate Council's authority to raise property taxes without ote fro he residents. In response uncil Member Gardner's question, Utilities Director Murdoch explained th latform oil wells reside on the ocean floor; however, the City has slant drills, which exist on . land, no less than 400 feet from the surface of the ground. Marian Bergeson, Charter Update Commission Chair, expressed support for the revisions, emphasized the importance of the voter's ability to approve tax changes, and expressed appreciation to staff and for Council's support. Rush Hill, Charter Update Commissioner, urged Council to approve the Commission's recommendations, expressed support for omitting Charter Section 1107 and modifying Volume 59 - Page 527 City of Newport Beach City Council Minutes July 6, 2010 Section 1113, urged Council to vote in favor of the resolution, and stated that property owners deserve the complete protection that the State has provided under Propositions 13 and 218. Dennis O'Neil, Charter Update Commissioner, stated that the Charter Update Commission discussed Charter Section 1107, commended Mayor Curry for his diligence in providing information to protect residents, and urged Council to approve the additional recommendation. Bernie Svalsted commended Mayor Curry for following up or Charter Section 1107, stated that Proposition 13 should not be used as protection fo's `roperty owners because it can be repealed, and urged Council to approve the recommendations. Richard Luehra, Charter Update Commissioner 0 ed Mayor Curry for his initiative regarding Charter Section 1107 %, Sherry Pence stated that she presented ,, 'a letter to } Charter Update Commission regarding Charter Section 1130, expressed concern- out raising the formal bid limit threshold to $125,000, SpOlhanke d`Council for the co3uideration. W.R. Dildine stated that he attended d which no public input was allowed, belie, - with its informal bid proced es, and limits. City Clerk Brown clarified that e dead arguments is Tuesday, July 20, 2 0 at attached to the resolution that callshe e City Attorney Hunt inc, cated that st the staff report andcombined the 'i issues raised bye the Qiarter Update C Charter Sections 1107 t1 j,113. He hieh :er Update Commissiorireetings in the City has done an outstanding job ed concern about the forced account the impartial analysis and d that the exhibits will be taken the two ballot questions discussed in one question that addresses all of the fission and closes the loopholes relative to ted the recommendations. 1 diis'e' ouncil Member G~s question, City Manager Kiff stated that the i y is not hir ore' W to handle projects and noted that the changes to Section 1110 allows the to ham more informal bid process. yor Pro Tem He expressed support for the changes to Charter Sections 1107 and 1 stated that th City oil wells are not pressure wells and are less likely to have a Sim' roblem tha created the BP disaster, noted that -the provisions help the City move fo d with portant environmental goals making it clear that the City will not allow offs dr' g within the City limits, indicated that the City will be reducing the acreage wells to operate in the Banning Ranch area, and expressed support for the, reamlining of Civil Service regulations. Mayor Curry thanked the Charter Update Commission for committing their time and indicated that the recommendations will make the City more efficient. Without objection, Mayor Curry was selected to be the lead in the writing of the argument in favor of the ballot measure. Motion by Council Member Gardner, seconded by Mayor Pro Tern Henn to adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 2, 2010 pursuant to Section 1000 of the City Charter: a) adopt Volume 59 - Page 528 City of Newport Beach City Council Minutes July 6, 2010 Resolution No. 2010 -76- Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 2, 2010 for the Submission of Proposed Charter Amendments and Ordinance Repeal; b) adopt Resolution No. 2010-77 - Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 2, 2010, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403; c) adopt Resolution No. 2010 -78- Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, November 2, 2010; d) adopt Resolution No. 2010-79 - Setting Priorities for Filing Written Arguments Regarding Cit xeasures and Directing the City Attorney to Prepare an Impartial Analysis; and e) adopt Resolution No. 2010- 80- Providing for the Filing of Rebuttal Arguments for th ne City Measure Submitted to Voters at the General Municipal Election to be He 9 Tuesday, November 2, 2010 Pursuant to California Elections Code Section 928$,, ¢,, The motion carried by the following roll call Ayes: Council Member Selich, Mayor Curry, Council Me Absent: Council Member Daigle NIL CONSENT CALENDAR A. READING OF MINI Q 1. MINUTES OF THE REGULAR MEETING subject minutes, approve 2. of aW6rdinances and Member Tem Henn, MEETING AND Waive reading of 'AND RESOLUTIONS. Waive reading in full under consideration, and direct City Clerk to CODE ENDENT TO ALLOW THE CHANGE OF A FRONT -YARD S'. EST2WLISHED ON DISTRICTING MAP NO. 24 FROM 38 FEET TO` FEETA2010 -017). [100 -20101 Adopt Ordinance No. 2010 -11 approving ,de Amen ent No. CA2010 -002. 4. DIAGNOS C AND INTERVENTIONAL SPINAL CARE (D.LS.C.) 2010 -0 2) 3501 JAMBOREE ROAD AND 301 BAYVIEW CIRCLE - P NE COMMUNITY AMENDMENT NO. PD2010 -004 AND TR STUDY NO. T82010 -002 - ADDING OUTPATIENT SURGERY AND DICAL OFFICE AS PERMITTED USES, ADDING PARKING REQUIREMENT OF V200 SQUARE FEET FOR SUCH USES, AND FINDING THAT THE TRAFFIC STUDY COMPLIES WITH THE TRAFFIC PHASING ORDINANCE. [100 -20101 Adopt Ordinance No. 2010- 12 approving Planned Community Amendment No. PD2010 -004. C. RESOLUTIONS FOR ADOPTION 5. APPROVAL OF RESOLUTIONS ADOPTING MEMORANDUM OF UNDERSTANDING WITH THE POLICE ASSOCIATION (PA), POLICE Volume 59 - Page 529 City of Newport Beach City Council Minutes July 6, 2010 MANAGEMENT ASSOCIATION (PMA), AND ASSOCIATION OF NEWPORT BEACH OCEAN LIFEGUARDS (ANBOL); AND ADOPTION OF RESOLUTION IMPLEMENTING A CALPERS TIME -IN -GRADE EXCEPTION (C- 2056), (C- 2932), and (C- 2058). [381100 -20101 a) Adopt Resolution No. 2010 -72 adopting the Memorandum of Understanding between the City of Newport Beach and the Police Association, Resolution No. 2010.73 between the City of Newport Beach and the Police Management Association, and Resolution No- 2010 -74 between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards; and b) adopt Resolution No. 2010 -75 adopting the Ca1PERS Employer -Paid Me mba Contribution Time -in- Grade Exception. D. CONTRACTS AND AGREEMENTS 6. PLAYGROUND RESILIENT SURFA9!�REN Nautho - PHASE 2 - AWARD OF CONTRACT (C- 4494). jJA/100 -20ove the project plans and specifications; b) award' Contract o R.E. Shultz Construction for the Total Bid Price of $44;160, athe Mayor and the City Clerk to execute the contract; and'c) establish a contingcy amount of $6,640, approximately 15% to c6vpr,the cost of unforeseen work. 7. PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA MARKETING CONC TS, INC. 1?6k, ;RESTAURANT WEEK JANUARY 2011 (C-4421). [38/10 Approve anduthorize the Mayor and City Clerk to execute the Professi a ces Agreeiii�lnt (PSA) for Restaurant Week 2011. with California Mar ting o`odts, Inc (r I}C, Inc). 8. CONTRACT WITH � ASSOCIATES FOR ADMINhS R# TION OF 4bOMMUNI DEVELOPMENT BLOCK GRA11) (CD#G) PROGR , ' FOR FISCAL YEAR 2010 -2011 (C -4335). [38/I0 20101 #\pprove and authorize the Mayor and City Clerk to execute the contract renew,ad with LDM Ass ates. E. MIS O . v , ily PLAN G CQMMISSION AGENDA FOR JUNE 24, 2010. [100 -20101 Receive a ,file wYt#gn report. A s?n APPOINT NT Tr COASTAL/BAY WATER QUALITY CITIZENS' ADVISOR COMMITTEE. [100 -20101 Appoint. Roberta Jorgensen as the esignee of istrict #1 Council Member Mike Henn to the Coastal/Bay Water lity Cit ens' Advisory Committee,.cffective immediately. S13. CE BALBOA WATER AND SEWER IMPROVEMENTS (C- 4067). [38110 0101 a) Approve the project drawings and specifications; b) award Contract No. 4067 to Paulus Engineering, Inc. for the Total Bid Price of $1,494,784, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $150,000 to cover the cost of unforeseen work. Regarding Item 13 (Central Balboa Water and Sewer Improvements), Mayor Pro Tem Henn expressed gratitude for City staffs commitment in moving forward with the project. Deputy Public Works Director Webb provided a correction to the report, stating that the bid came in 9% below the Engineer's estimate instead of 18 %. Volume 59 - Page 530 City of Newport Beach City Council Minutes July 6, 2010 Regarding Item 5 (Memorandum of Understanding with the Police Association, Police Management Association, and Association of Newport Beach Ocean Lifeguards), Mayor Curry stated that Police staff have made significant contributions to their pension costs and expressed appreciation for their efforts to maintain service levels. Motion by Mayor Pro Tem Henn seconded by Council Member Webb to approve the Consent Calendar, and noting the correction to Item 13. The motion carried by the following roll call vote: 0. Ayes: Council Member Selich, Council Member Rosansky, Mayo ro Tom Henn, Mayor Curry, Council Member Webb, Council Member Gardner Absent: Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDIA, "Non' )UV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVTTIES Council Member Webb corrected a Daily Pilot article W'�, clarifying that ar, walks around Newport Beach are also done with his wife, not,,. one XV. PUBLIC COMMENTS Matthew Thomas urged Coune to adopt ```=<an ordinance requiring restaurants to attend Responsible Beverage Servin , training., Mayor Pro Tom Henn noted that RBS tr 'ng A&I en requl� in the City. City Manager Kiff stated that he will provide a report to ouncil re�� RBS Uaining at a later date. r ' Laura Dietz, Sunrise RotOL flub, invited r�si is to attend a Second Annual Lobster Fest on August 1, 2010 at ]e Newoort each W rfront Resort and encouraged residents to visit their website at vw.lobstefestatnewport ch.com or call (949) 721 -8035 for more information. XVII. CURRENT_ E5S "u'w... s 12. TG TEL M `TG RMITS FOR A DISTRIBUTED ANTENNA SYSTEM WITHIN THE P LIC �:GHT -OF -WAY. [681100 -20101 ociate Planner own provided the history of NextG Telecom, showed a map and ph s depicting th ropoged locations; discussed applicable ordinances, indicated that the ions are s *set to review by Council, recommended that Council deny the first five licatio s because the new monopoles are not consistent with current City ordinances, d p vided information relative to staffs recommendation to approve the proposed in ion of antennas at the Marcus Avenue and Santa Ana Avenue locations. She oted that the permits will require approval from the Coastal Commission. In response to Council Member Rosansky's question, Council Member Webb explained that when the power lines are placed underground, the existing antenna will need to be moved to a streetlight or other existing location, and all of the other equipment will be placed underground with the power lines. Carver Chiu, _Plancom Incorporated, thanked staff for the time spent on the project, provided information about the services that NextG offers, expressed their Volume 59 - Page 531 City of Newport Beach City Council Minutes July 6, 2010 preference to utilize existing locations, and thanked Council for the opportunity to speak in a public forum. Joe Milone, NextG Networks, stated that Southern California Edison (SCE) does not allow pole extensions on their utility poles because safety standard requirements require separation between communication facilities and power sources. He noted that they can reduce the height of the poles, and indicated that there are financial and technological issues with existing poles. Patrick Ryan, NextG Vice President of Government ations and Regulatory Affairs, believed that the application does not accurately ict the policy issues that are at stake, noted that not all of their proposals request�w poles, indicated that they are proposing to pay for the use of the City's infraq`I'r't`icture, and urged Council to reconsider its existing policy.^ In response to Council Member Gardner's question, Mr. Ryan'�tated that the public right -of -way has been designated by tie State Legislature to be used by telecommunications facilities and believed that there are no market rags for the use of existing facilities. Steven Kray, President of Cameo Associatibu, read a letter that he sent to Council, believed that monopoles will degrade the beaiity „of the community, requested that an EIR be conducted, and urged cil to allow the; esidents more opportunity to weigh in before a decision is made in a poles. Paul Payne expressed support fo staffs re endatl61' and believed that the poles will be an eyesore, Marlin Howe e?; ss a concern abo height of the pole, health issues, declination of proper�t value, public fight -of -way obstruction, and the amount of proposed Iations. ,';Ire believed tha notices sent to residents should include more information about the "ronoaed nntennn. )ah Wouncil to'A :P } a request to plac e a monopole on East Coast ed concerns about the safety of residents. Karen Trised siig ,ort for staffs recommendation to deny the application. Kevin ressed concern about the health and safety of residents. Mark red concern that one of the proposed monopole locations is 30 feet from his Bryan Hopk pressed concern that there are seven proposed sites and urged Council b den he application. Linda Primrose expressed concern about the health risks and believed that the poles should not be placed close to residential neighborhoods. Todd Lewis, Crystal Cove State Park, expressed opposition to the monopoles, stating that they are currently removing existing facilities. He reported on their recent experience with NextG on another existing pole location that has a direct negative impact on the coastal view shed, and encouraged Council to deny the application. Dale Gear stated that one of the proposed poles will be detrimental in preserving the Volume 59 - Page 532 City of Newport Beach City Council Minutes July 6, 2010 historic site and urged Council to deny the application. Mr. Ryan asked Council to continue the item to allow time to address issues raised, noted that their facilities are deemed safe because of their low frequency output, emphasized that the initial application was to co- locate on City infrastructure, and believed that their company's request falls within Chapter 15 of the Municipal Code. In response to Council questions, Mr. Ryan stated that they are currently installing underground cables, noted that they will address current traffic impacts with their construction crews, indicated that the company that they prove service for will benefit because it will increase their signal, reported that they plan , bring back more carrier applications at a later date, stated that the antennaave the ability to share carriers, clarified that their proposal is to share reven with the City, and discussed installation ranges. Mayor Curry reported that the City charges #i fee to use a ng facilities, but the applicant does not wish to pay it. He took iag& with NextG's b ess approach. He stated that an offer to co- locate on City faeilities was presented, bu a applicant does not want to pay the fee. He expressed disatisfgction with letters sent the applicant to the City. ry Motion by Council Member Gardner seconded by Mayor Pro Tem Henn to a) deny Telecommunications Per No. TP2009.Op 72009 -004, TP2009 -005, TP2009- 006, TP2009 -007 and the fiber' etwork asso ted with those particular sites; b) approve Telecommunications er o. TP200:9„008 and TP2009 -009, with conditions, to allow the installat" of wir telecommunications facilities (telecom facilities) at 3215 (CS) Marcus jr ue and Santa Ana Avenue and the fiber optic network asaoated with those arti ar sitea; d c) direct staff to prepare the appropriate restiI tion -V for conside n and adoption at the next City Council Meeting. The motion caazFri¢d by #ie following roll ll vote: nye WlUber OMember Rosansky, Mayor Pro Tem Henn, Mayo ry, cil Member' ebb, Council Member Gardner bsent: Council mber l? igle XVIII. M FOR RECONSI ERATI `' - None XIX. ADJOUR ENT - Adjo rned at 8:57 p.m. in memory of Claudio Patino IV, reconvened ck into osed Session at 8:57 p.m., and adjourned out of Closed Session at 9:25 with . o reportable action. The agenda for the lar Meeting was posted on June 30, 2010, at 3:30 p.m. on the City Hall Bulletin B d located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on July 2, 2010, at 11:40 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 59 - Page 533 City of Newport Beach City Council Minutes July 6, 2010 Recording Secretary Mayor Volume 59 - Page 534