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HomeMy WebLinkAbout01 - March 27, 2012 MinutesAgenda Item #1 April 10, 2012 U11111 11!11110`111: 'm i. Cdr V I B =' C ] City Council Minutes City Council Study Session March 27, 2012 — 3:00 p.m. I. ROLL CALL - 3:00 p.m. II. Present: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 7; L� Excused: Council Member Rosansky v �. Council Member Rosansky arrived at 3:12 p.m. CLARIFICATION OF ITEMS ON THE In response to Council questions r Replacement), City Attorney Harp st with the floating cover which include added that the funds to replace the cc 2. REVIEW OF MUNICIPAL Council Member KSENT�CALENDAR. Item 4 (ig,.Canyon Reservoir Floating Cover t',the City is seeking to recover all costs associated n fees and generaldesign costs. City Manager Kiff be taken i&Ahe Water Enterprise Fund. 15.70 OF THE NEWPORT BEACH LTIONS FACILITIES). herself fiom participating in this item ner'Brown, provided a PowetPoint presentation that included regulations from ions, 'telecom \permit background, issues /concerns, potential solutions, photos, mdationss examples of installations, and benefits of moving to a Zoning review process. ShP�also provided the next steps in the process. In response to Council Member Hill's questions, Community Development Director Brandt explainedthat the City Teceives approximately 15 to 20 telecom applications per year, stated that under Ndie propos4process they will be delegated to the Zoning Administrator and the Planning Commvssiion,and reported that they will only come before Council on appeal. 1 �l� In response to Mayor Pro Tem Curry's question, City Attorney Harp stated that the regulatory framework for telecom permits in other cities is typically the same Jim Mosher urged Council to direct staff to continue to pursue changes to telecom facility permit procedures, expressed support for the Zoning Administrator process, discussed previous telecom permits approved by Council, and indicated that if the proposed permit process is approved, City Council Policy L -23 will need to be revised. Robert Hawkins believed that Council Member Daigle's recusal does not comply with the Political Reform Act and provided a copy of it to City Manager Kiff for review. Volume 60 - Page 409 City of Newport Beach City Council Study Session March 27, 2012 In response to Mayor Gardner's question, Community Development Director Brandt stated that public notices are required to be provided 10 days prior to the hearing date. City Attorney Harp stated that he believed that Council Member Daigle's recusal was appropriate, but stated that he will ask her to supplement her basis for recusal when she returns. 3. CONCEPTS FOR (1) THE REUSE OF EXISTING CITY HALL PROPERTY AT 3300 NEWPORT BOULEVARD; AND (2) AREA CIRCULATION. „ Council Member Henn recused himself, stating that he ,""a a business consulting relationship with a tenant of the Via Lido Plaza Shopping"Center. He also stated that, although he does not believe this is a conflict, to avoid-ihe possibility or perception of a conflict, he is recusing himself. ��/ �\ l Community Development Director Brandt and Deputy Public Works b) ector Webb provided a PowerPoint presentation that included the conceptual plan for the existing City Hall site and Lida Village, key elements, photos, interim usee for Cify Hall, the timeline for completion, and projected costs. Z " r �4 Council Member Rosansky expressed opposition to- demolishing the existing City Hall buildings, stated that he would like to see funds go toward theiredevelopment of the site, and indicated that the concept plan should also work, towards rev nue, pportunities. He discussed the need for a community center and Police Dep,artment. Council Member Hill agreed with Council Membe`r�Rosansky acid stated that he would like to focus on the revitalization of the i pro perty with ate. timeline, goal, and Request for Proposal/Request for Qualification (RFP /RFQ) process. Hesuggested roles for the developer, discussed priorities, ,believed:jthat the City should continue with the concepts established in the existing Master Plant and invited public input. 1` \. In response to Mayor�Pro T—em Curry's question, City Manager Kiff clarified that the Police Department will,not utilize`,the,exasting.City Hall site as an interim facility. In response Council`Membei�Selich's question, Deputy Public Works Director Webb stated that there has not been an evaluationagf possible asbestos and lead removal. Member Selich, and Mayor Gardner also expressed opposition to demolishing the City Hall buildings. City ManagerrNKiff clarified that the project is in the concept phase and staff is seeking direction., 1.` Community Development Director Brandt and Deputy Public Works Director Webb continued with the Power Point presentation that included the proposed use of the existing City Hall site, designs, traffic circulation, pedestrian scheme, and community outreach. In response to Council questions, Community Development Director Brandt stated that there is sufficient space for public gatherings, retail shops were recently added, the parking lot will be at surface level with a podium structure built on top, the height is not defined, and the concept includes 200 parking spaces to accommodate the proposed plaza. Deputy Public Works Director Webb stated that a traffic study has not been performed. Rob Winkle, Fritz Duda Company, expressed opposition to the plan, stating that the concept is Volume 60 - Page 410 City of Newport Beach City Council Study Session March 27, 2012 problematic for their property, expressed support for the relocation of the fire station to an alternate City site, encouraged Council to make a decision about the property as soon as possible, and suggested that the City continue collaborative efforts to reach an agreed upon plan for the site. Dan Purcell requested that the City make a graceful and respectful transition to the new City Hall and urged Council to monitor the maintenance of the property until it is redeveloped. Jim Mosher expressed concern about the traffic circle and the possible fire station relocation. He believed that the City Charter states that the Pla `'g Commission is required to make recommendation on Public Works proposals. George Schroeder believed that a traffic circle is a questioned the need for 6,000 square feet of office sp the major landholder does not like the concept, and e will be used by beachgoers. Denys Oberman expressed appreciation for result of significant public input, expressed i Council to develop a specific plan, recommei developers, and believed that street reconfigu George Birdsong asked about the Cindy Koller asked if any traffic Lee Iverson expressed commercial space, ask circulation. /,1 Robert Hawkins exj suggested that the Tem mse to Mayoi determine if thi direction to staff In response should be fl for r it to the discussed slant parking, expressed confusion that i that the parking spaces pf urgency, agreed that the plan is a out the proposed surface parking, urged the City issue an RFP torseek qualified ,uld not be addressed at this time, area. an emergency plan. ed concern about adding new the site, and discussed traffic to theAraffic circulation, urged Council to move quickly, i back do the Citizens Advisory Panel, and discussed the concept plan is in need of more work. xardnei's question, Council Member Hill stated that Council want the' fire station and community center on or off the site and ; arding the RFP /RFQ process. Kiffs question, Council Member Hill stated that the concept plan Mayor Gardner stated that decisions cannot be made without a budget, expressed opposition to adding retail shops to the site, and expressed concern about building heights. Council Member Daigle expressed support for public /private integration for developing the area, stated that she would hvae preferred that Council be presented with a finished product, and expressed support for the fire station and community center being placed at another location within the City. Council Member Rosansky stated that he is in support of moving the fire station; however, the new location of the fire station cannot cause a burden on residents. Volume 60 - Page 411 City of Newport Beach City Council Study Session March 27, 2012 City Manager Kiff stated that the Fire Department respects neighbors and will accommodate accordingly, clarified that Council would like staff to conduct more public meetings to discuss the proposed concept plan and start the RFP/RFQ process. Council Member Daigle explained that she recused herself from participating during Item SS2 (Review of Telecom Ordinance) because she works for So Cal Partnership dba Verizon Wireless. 4. BALBOA MARINA EXPANSION AND OFFICE BUILDING. Harbor Resources Manager Miller utilized a PowerPoint project is a joint effort between the City and The Irvine Co He discussed issues that residents have dealt with relative Dan Miller, The Irvine Company, discussed issues Randy Mason, URS Corporation, presented maps, a tentative schedule, entitlement conducted. He also discussed the proposed p cation and reported that the to address community needs. ic,access slips. slips. presentation that included several list of public meetings that were In response to Council questions, Mr. Miller stated that they have not discussed the proposed changes with Lido Isle residents, stated that residents were concerned with the location of the public slips, noted that parking is adequate,for the area indicated that the overall projected cost is $5 million, and added that the�,benefibuof the groin all is to protect the private and `..�..` public slips. Council Members Council Member Jim Mosher that the Cit) In response to Counc: new /docks will be on for`tbe City. Denys Oberman exprek invitation tb'The Irvine Dan Miller III. PUBLIC COMMENTS for the City paying money for the expansion. public assistance to The Irvine Company and suggested ny s right ;to expand into public tidelands. cy's question, Harbor Resources Miller clarified that the and reported that there will not be additional revenues support for the project and encouraged Council to extend a direct ipany to submit an RFP for the existing City Hall site. City's Harbor Commission required public slips in the area. Jim Mosher expressed concern that Council has not addressed the Marina Park proposal and that the Girl Scout House is on the Closed Session agenda without providing expanded details. He referenced prior discussion by Council about the projects going before the Coastal Commission, and indicated that neither of the issues are on the Coastal Commission's April meeting agenda. He noted that the Coastal Commission meeting in May will be held in Northern California which deprives resident the opportunity to participate. IV. ADJOURNMENT - 5:00 p.m. Volume 60 - Page 412 City of Newport Beach City Council Study Session March 27, 2012 The agenda for the Study Session was posted on March 22, 2012, at 4:00 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. r, Volume 60 - Page 413 Y City Council Minutes Regular Meeting March 27, 2012 — 7:00 p.m. I. STUDY SESSION - 3:00 p.m. if H. CLOSED SESSION - 5:00 p.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Two matters: 1. Arnie Pike, et al v City of Newport Beach ,r ` United States District Court - Central D viaion<Case No. CV -08 -8580 DSF 2. Kenneth Kaplan v City of Newport Beach ` 1` Orange County Superior Court GsNo. 30-2011-00,531667 B. CONFERENCE WITH LEGAL \COUNSEL- ,ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION,- Gdo ernment Code § 54956.9(b)): 1 potential case I C. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION'(G ern {ment Code § 5491 o 6.9(c)): 1 potential case —_ e, f,j__`� -..- `.'tee.. D. CONFERENCE: WITH "REAL _PROP,ERTY NEGOTIATORS (Government Code § 64�C 8)-` �� 1, l Property: 1700,West Balboa Boulevard ` Agency negotiator: Dave Kiff Negotiating parties: Girl Scouts of America Underinegotiation: Instruction to negotiator will concern price and terms of payment E. CONFERENCE WITHLABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff, City Manager; and Richard Kreisler, Special Counsel and Negotiator Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); and Volume 60 - Page 414 City of Newport Beach City Council Minutes March 27, 2012 Newport Beach Part -Time Unit (UPEC, Local 777) F. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957): Title: City Manager III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosane Council Member Selich, Council Member Henn, VI. CLOSED SESSION REPORT City Attorney Harp announced that the City Council'4d litigation on behalf of the City against the Orange County to the deletion of the 19th Street Bridge ffom the Master OCTA to conduct appropriate environmeritalQanalysis in measures related to the deletion of the bridget VII. PLEDGE OF ALLEGIANCE - Mayor Pro Te'in Curry / or Pro Teni�,,Curry, Mayor Gardner, Member Daigle ad the City Attorney's Office to file portation Authority (OCTA) relating of Arterial Highways; and order the ')to consider appropriate mitigation VIII. INVOCATION - Pastor Bradley Stienstra, Newport Harbor Lutheran Church �z c IX. PRESENTATIONS - None X. NOTICE TO THE- PUBisIC XI. CITY COUNCIL ANNOUNCEMENTS,OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSICIMITEM) !4 Mayor Pro Tem Curry congratulated the Concordia University Eagles for winning the 2012 NAIA Basketball National' Champion /I p. Council Member Daigle repoifed that Corona del Mar High School is celebrating its 50th Anniversary and discussed their upcoming improvements to the middle school, theater, and school site. Mayor Gardner announced that she received a gavel by the Junior Statements of America, Corona del Mar Branch, after speaking at one of their events. She reported that the updated fire hazard map will be reviewed at 6:30 p.m. on March 28 at the OASIS Senior Center, the most recent class of the Community Emergency Response Team (CERT) received their certification last Saturday, but noted that members are needed from the Newport Coast area; and the Wyland Foundation Water Conservation Challenge Kick -Off will occur on March 30 at 3:00 p.m. at the Back Bay Science Center. She also discussed the situation at the San Onofre Nuclear Generating Station. Regarding the fly -by over the weekend, she reported that the City has requested to be informed of any future events of that Volume 60 - Page 415 City of Newport Beach City Council Minutes March 27, 2012 nature. XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS I 53 1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF MARCH 13, 2012. [100 -2012[ Waive reading of subject minutes, approve as amended and order filed. j 2. READING OF ORDINANCES AND RESOLUTIONS`'Waive reading in full of all ordinances and resolutions under consideration, and `direct the City Clerk to read by title only. �' \ ORDINANCES FOR ADOPTION 3. NEWPORT BEACH COUNTRY CLUB (P 1600 AND 1602 EAST COAST HYGHWA second reading and adopt Ordinance No:Z Development Plan Amendment No. PC2005.01 the development on the Tennis-.Club site; a Ordinance No. 2012 -3 approving ;D ve Development Mayor Gardner voted "no" on this item ; )05 -140) - GOLF REALTY FUND - (C- 5068). [381100- 2012ji a) Conduct 12 -2 approving Planned Community ;o adopt the development standards for 'b)�conduct second reading and adopt reement No. DA2008 -001. 4. BIG CANYON RESERVOIR FLOATING COVER REPLACEMENT - APPROVAL OF PROFESSIONAL SERVICES `AGREEMENT WITH MWH GLOBAL FOR ENGINEERING,,DESIQN,SERVICES, (C -5027) AND BUDGET AMENDMENT. [38/,100_80121, a) Approve a Prof —s4 onal,Services Agreement with MWH Global of Irvine for'the design.and construction support services for the replacement of the Big Canyon Reservoir Floating, Covei at a not to exceed fee of $294,706, and authorize the Mayor and City Clerk to execute the Agreement; and b) approve Budget Amendment No. 12BA -029 appropriating $130,000 from tit he unappropriated Water Enterprise Fund to Outside Counsel Account Not 5500 -8657 and $294,706 from the unappropriated Water Enterprise CIP�Master Plan -Fund to Big Canyon Reservoir Floating Cover Replacement CIP Accou4-'No. 7 511 - C6002011. 5. PLANNING COMMISSION AGENDA FOR MARCH 22, 2012. [100 -20121 Receive and file. 6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) ADVISORY BOARD CONFIRMATION. [100 -20121 Confirm the appointment of Rita Stenlund to the Balboa Village BID Advisory Board. Motion by Council Member Hill, seconded by Council Member Rosansky to approve the Volume 60 - Page 416 City of Newport Beach City Council Minutes March 27, 2012 Consent Calendar; and noting the "no" vote by Mayor Gardner on Item 3. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle )III. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XIV. PUBLIC COMMENTS XV Lauren James commended Council for taking the public's health into%onsideration when making a tough decision at the last meeting. f ` Christine Lampe requested that Council help save the histoti(rShawnee ship,which is being restored by Dennis Holland. She highlighted the Shawnee's history/and indicated tha'tKthey want to work with the City and will be trying to get more people involved to,r'a se money toward its restoration. I Captain George Cayenne Pepper stated that he spdko,_to people around the world who'�are in support of saving the Shawnee which he feels is a nautical treasu'r6. 1r Michael Lampe indicated that Dennis Holland is willing to move the Shawnee; however, does not have the funds to move it. He stated that they a 7e`atarting a Save the.Shawee Foundation to raise funds, but requested time in order to raise money. Jessica Davis stated that the pirate community raises fund "s -all thejime, but suggested receiving `--f money from the neighbors and the City. She also discussed the zi7iportance of knowing the history of tall wooden ships. She requested,tliat the City give Dennis Holland more time. Ron Stackowitz discussed the img'ortance of talllehips and indicated that the Shawnee is not in moveable condition. r+ °, Candace Pro��tated`t_ bat, saviiii,the Shawnee s-anropportunity to save the past. Jim Moshe requested that Council assist in changing the school district for the area that is north of Bristol Street and south of Campus from,the Santa Ana School District to the Newport -Mesa Unified School District prior to the area being dedel'oped. Council Member Daigle reported that the Aviation Committee met on March 26 and received a report about the progress wiii)the /County relative to the extension of the John Wayne Airport (JWA) Settlement Agreement. ShOlso discussed the efforts by the City of Ontario to gain local control over the Ontario International Airport. She noted that Aviation Committee information is available on the City's website or through the City Manager's Office. Council Member Henn reported that the Balboa Village Citizens Advisory Panel (CAP) met on March 20 to discuss the brand - promise for Balboa Village, noted that there is an online survey to receive public input about the brand - promise, and stated that the CAP completed their recommendations regarding the parking management plan. He also reported that the Tidelands Management Committee met on March 21 to discuss Buck Gully runoff, the Semeniuk and Newport Slough, the Linda Isle interlagoon, and the Tidelands Master Plan recommendations from the citizens advisory panel. Volume 60 - Page 417 City of Newport Beach City Council Minutes March 27, 2012 Mayor Pro Tem Curry welcomed students in attendance from Whittier Law School. XVI. PUBLIC HEARINGS 7. BEACH COIN LAUNDROMAT AMENDMENTS (PA2011 -209) - AMENDMENTS TO CHANGE THE DESIGNATIONS OF THE SUBJECT PROPERTY FROM TWO -UNIT RESIDENTIAL (RT, RT -E, AND R -2) TO VISITOR SERVING COMMERCIAL (CV) LAND USE DESIGNATIONS. [100 -2012] Assistant Planner Nueno utilized a PowerPoint presentation to/,Eghlight the subject location, the current and proposed land uses, and development standardaf Mayor Gardner opened the public hearing. Denise Fenton, wife of owner /applicant, discussed how her husba`n`d�akes care of the laundromat and requested that Council support the recommendation. Hearing no further testimony, Mayor Gardnercl'osed the public hearing t, Motion by Council Member Rosansky, seconded by Council Member Henn to a) adopt Resolution No. 2012 -25 approving General Plan Amendment No. GP2011 -010 Local Coastal Plan Amendment No. LC2011 -006; land b) introduce Ordinance No. 2012 -10 approving Code Amendment No. CA2011 -013, and pass�to second reading for`adoption on April 10, 2012. The motion carried by the following roll tcall vote:\\ \V Ayes: Council Member Hil,'Council Member Rosa sky, Mayor Pro Tem Gardner, Mayor Henn, Council Memher'Selichti, Council Member' Curry, Council Member Daigle 8. HEIGHT OF FENCES, (HEDGES, WALLS AND RETAINING WALLS - CODE AMENDMENT NO. CA2012= 001- (PA2012 -018). [100 -2012] Principal- -Planner-,Campl`eil *.,reported that1previous Zoning Code updates have created a si of £ion in which very,tall fences, hedges, and walls have been erected, especially in low -lying areas. He utilized a Pow'erPouit presentation to explain the proposed amendments, review the recommendation, and discuss alternatives. He emphasized that the provisions only affect areas with grades lower than 94eet and highlighted the height illustration that is in the Zoning Code. In response to Council questions, Principal Planner Campbell stated that new fences, hedges, and walls ould be required to meet all the standards listed in the proposal; and the new provision would`�bot affect the height of side yard fences, hedges, and walls that abut a commercial property, or commercial alley. He referenced the current pool protection fence requirement in the Building Code and indicated that a higher fence may occur if the adjacent property is at a much lower grade Council Member Selich discussed the reasons he requested that the proposed ordinance be initiated, noting that the fence issue is occurring on Balboa Island. Motion by Council Member Selich, seconded by Mayor Pro Tem Curry to introduce Ordinance No. 2012 -11 adopting Code Amendment No. CA2012 -001, and pass to second reading for adoption on April 10, 2012. Volume 60 - Page 418 City of Newport Beach City Council Minutes March 27, 2012 Mayor Gardner opened the public hearing. Hearing no testimony, she closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle XVII. CURRENT BUSINESS 9. APPOINTMENT TO FILL THE VACANCY ON THE COAST COMMITTEE. [100 -2012) Council Member Hill reported that he would like Coastal/Bay Water Quality Committee and highlighted Council Member Hill's appointment of George Coastal/Bay Water Quality Citizens Advisory' The motion carried by the following roll call vote: � Ayes: Council Member Hill, Council Member Rosansk Council Member Selich, CounciT,Member Henn, 10. APPOINTMENTS TO THE A Mayor Gardner Council Member alternate represe the District 3 WATER QUALITY Robertson to the to confirm tive on the Pro'Tem Curry, Mayor Gardner, Member Daigle as outhined in the staff report. that the'\City Clerk renotice the District 4 vacancy for the Motion by Council Member -Mill, seconded by Council Member Henn to a) confirm Council,M mber•tiIike Henn's appointment oP Kay Mortenson as the District 1 representative and bruig back the 'Dist ict�.Nlternate representative at a future meeting; b) confirm Council Meinber Rush Hill's appointment of Bonnie O'Neil as the District 3 alternate representative to the'Aviation Committee and c) renotice the District 4 alternate representative vacancy. The motion carried by the Sfollowing roll call vote: Ayes: Council`Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council�lGIember Selich, Council Member Henn, Council Member Daigle XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT - 8:00 p.m. The agenda for the Regular Meeting was posted on March 22, 2012, at 4:45 p.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, 2012, at 2:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 60 - Page 419 City of Newport Beach City Council Minutes March 27, 2012 City Clerk Recording Secretary Volume 60 - Page 420