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HomeMy WebLinkAbout08/27/2002 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session August 27, 2002 - 4:10 p.m. ROLL CALL Present: Heffernan, Bromberg, Glover (arrived at 5:55 p.m.), Adams, Mayor Ridgeway Absent: O'Neil, Proctor CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item No. 5 (Hoag Memorial Hospital Presbyterian [PA2002- 038]), Council Member Heffernan asked if changing the definition of square footage expands the building envelopes, heights, etc. versus the existing Hoag Hospital Development Agreement. He indicated that he can receive the answer tonight. 2. TELECOMMUNICATIONS FACILITY SITING ISSUES. Assistant City Manager Kiff utilized a PowerPoint presentation to discuss wireless telecommunications. He reported that a joint meeting was held between Council and the Telecommunications (Telecom) Committee on April 23, 2002, and a draft wireless telecom ordinance and Council Policy L -23 regarding the siting of facilities on City -owned property were developed. He indicated that a telecom ordinance is needed because it would govern the size, scope, and placement of antennas and support facilities throughout the City to protect public safety, aesthetics, and the overall impacts of having multiple providers in different areas. He stated that the City cannot "just say no" to people with wireless telecom proposals because the FCC and the 1996 Telecom Act states that they have a general right to provide this service. Mr. Kiff reported that the ordinance would encourage locating antennas in non- residential areas, co- location on existing sites, and placement where view and public impacts are minimized. He displayed photos of what the facilities look like in other cities. He reported that the ordinance would require that the provider use the best available, smallest technology with the maximum height being 35 feet or what is allowed in the zoning code, with any exception being brought to Council. Further, the ordinance sets design standards, sets a permit process that requires certain submission documents to the Planning Department, allows the Police Department to review and possibly deny the permit due to conflicts with public safety communications, and requires a removal bond. He stated that the ordinance also establishes a Location Priority List and requires co- location where feasible. He reported that the priority is to use an a) existing co- location structure, b) existing pole, c) commercial sign, d) new or existing stealth structure, e) new false tree, f) new monopole, g) new monopole with antenna attachments, and h) new lattice tower. He pointed out that e) to h) would require Council approval. He indicated that the ordinance prohibits telecom facilities on residential lots or open space /passive zoned parcels. Volume 55 - Page 326 INDEX Telecommunications Facility Siting/ Council Policy L -23 (69) City of Newport Beach Study Session Minutes August 27, 2002 INDEX Mr. Kiff reported that the City should adopt a Council Policy because the City currently has a number of offers to site equipment on City property. He noted that, if City properties are not used, the telecom companies will use the store next door and the City would forgo the rent revenue. He added that, by using City facilities, a policy will give the City additional control over aesthetics and public safety. He displayed examples of where facilities are being proposed. He reported that proposed Policy L -23 states that all projects need a permit per the telecom ordinance and, once the permit is authorized, the City Manager's office would prepare the lease using a region -based rent. He stated that the leases would have a minimum 5 -year term with annual CPI and market -based adjustments at the end of each 5 -year term; and Council can call-up the lease since the lease will not go into effect for 30 days. He noted that a separate ordinance would govern the use of City right -of -ways. He reported that eligible sites include fire stations, City Hall, Police Department headquarters, lifeguard headquarters, piers, Oasis Senior Center, medians and parkways along public streets, libraries, corporate yards, Big Canyon Reservoir and surrounding grounds, certain easements, streetlights, and traffic signals. Ineligible sites include open space areas owned by the City. He noted that Policy L -23 also discusses "other City -owned properties" and indicated that parks could be included in this definition; however, Council could also include it on the list. Mr. Mff stated that the next steps include considering comments from Council, staff, and the wireless telecom industry today. He added that he spoke to Police Chief McDonell who would like the ordinance to have more specifics about the frequency range for the telecom companies so the Police Department could possibly exclude certain ranges and be allowed to test the frequencies once it was in place. He stated that they intend to have the policy adopted on September 10, have first reading of the ordinance on September 24 with the second reading on October 8, and bring the right -of -way ordinance to Council on October 8 with second reading on October 22. In response to Council Member Heffernan's question, Mr. Kiff stated that the telecom ordinance came from Aliso Viejo; however, review was conducted by Planning Consultant Lawrence, staff, and some review by Special Counsel Marticorena. He added that the City Manager suggested changing "license" and "permit" to "lease ". Mayor Pro Tem Bromberg asked about the health concerns. Mr. Kiff stated that the ordinance attempts to address it; however, the telecom companies would include a radio frequency (RF) report that would state that the facility complies with FCC requirements. He reported that the FCC has said that the City cannot deny an application based on what it believes would be health affects if the company were complying with FCC rules. Council Member Heffernan believed that the telecom ordinance deals with the permit (right to install) and the policy deals with the City becoming a landlord in the lease. He added that the City cannot deny a permit based on health issues but there is no requirement for the City to become a landlord. Mayor Ridgeway noted that this does not preclude a telecom company from going to the private property next door and requesting a lease agreement with them. Mr. Kiff confirmed that, as long as they complied with the ordinance, they could get a permit from the City to do this. Joe Morales, AT &T, showed an example of a phone that works with the new third generation (3 -G) technology. He reported that first generation was analog, Volume 55 - Page 327 City of Newport Beach Study Session Minutes August 27, 2002 114011 second generation was digital, and third generation has internet capabilities over wireless technology. He stated that word recognition is also becoming more enhanced so that, as words are being typed, it types in the rest of the word. He reported that the 3 -G phone can also provide better locations for caller IDs and have 911 calls routed directly to the Newport Beach Police Department rather than the California Highway Patrol. Mr. Morales stated that the FCC has placed a unique burden on local jurisdictions and that the City is trying to create a confluence with the ordinance between federal, state, and local laws. Regarding law enforcement, he agreed that frequencies have butted against each other, but the FCC is the regulatory body that oversees the administration of frequencies and how they work with each other. He added that the FCC has jurisdiction over E -911 issues and the state has jurisdiction over right -of -ways. He pointed out that consumers are paying significantly less for their services due to competition and that they ultimately want networks that work. He stated that he appreciates the scrutiny the City wants to give in residential areas, but noted that service needs to be provided in these areas because about 1 in 4 households use wireless phones as its primary phone. He indicated that the levels of partnership are from a regulatory point of view, i.e. how to get the service to people, make it aesthetically blend, and look at the safety concerns. He believed that blocking them out of areas could also create a hole for safety departments who use phones in those areas. Regarding right -of -ways, he stated that they are looking to the City Attorney to work with them because there are right -of -ways in residential areas. He believed that placing telecom facilities on light standards and existing facilities at parks is an appropriate means to bringing service into an area. He asked that, if the City is going to be a landlord, it use the region - based valuation for the lease because they cannot pay what they used to in order to operate the networks since they are not charging consumers the same rates as in the past. Mr. Morales assured that they want to be in partnership with the City but they hope there will be flexibility and openness. In response to Council Member Heffernan's questions, Mr. Morales reported that AT &T did a soft launch about a week ago and that an official launch will be done in October. He stated that they located seven sites within the City in which two are on City properties and about four or five are on private properties. He indicated that the only properties on hold right now are the City properties due to the lease issues. He stated that, for the time being, the seven sites should cover Newport Beach fairly well. He reported that their intent is to have the same coverage for digital and 3 -G technology, and that all the existing sites are currently receiving radios and equipment to enable it to handle the technologies; however, because they are on different frequencies and bandwidths they need to buttress the system so consumers have a similar or better experience with the network. He stated that they will not make capital investments unless necessary because they are trying to balance the needs of the consumer against the capital expenditures. Mr. Kiff noted that the proposed ordinance states that a telecom facility cannot be sited on a residential lot, but indicated that a facility could be sited on other common area lots or non - residential lots within residential districts with Council approval. Regarding landscaped areas, he confirmed that the land owner would approve the facility and then would need Council approval. Volume 55 - Page 328 City of Newport Beach Study Session Minutes August 27, 2002 3. Council Member Heffernan asked if there is a conflict when the City restricts a private landowner's right to get a permit, but allows itself to be a landlord across the street from the landowner. Special Counsel Bill Marticorena, Rutan & Tucker, stated that the FCC has made it clear that cities can act in multiple capacities and that, if a city acts in a propriety function, it is not precluded from regulating. He indicated that the issue to him is whether the City's regulatory power has a rational basis. He explained that, if the City prohibits something and then allows it ten feet away because it is City property, an issue regarding the rationality can be created. He indicated that it is not necessarily voided. He agreed that there are legitimate reasons why the City may allow certain things on public property that may not be allowed on residential property. He explained that it may be appropriate to allow small antennas in the right -of- ways that the City controls as a landlord, but it is not allowed next door on a residential property because the City will be acting as a regulator and would not have the same breadth of power. He stated that this would need to be looked at on a case -by -case basis. Council Member Heffernan asked if the City has a right to prohibit sites because of interference with emergency communications. Mr. Marticorena stated that the industry has taken the position that local government has no authority over radio frequency interference (RFI). He indicated that the problem that police across the country are having, particularly in Orange County, deal with the 911 system and is due to the rapid proliferation of wireless. He stated that many municipalities have tried to work with wireless carriers to adopt voluntary guidelines and is also trying to get a proclamation with directives from the FCC that local governments may enforce. Council Member Adams stated that he serves on the Telecom Committee and believes the City is headed in the right direction. Council Member Heffernan stated that he assumes the City is receiving formal comments to this proposed ordinance from the carriers so the City is in a position to commence on this. Mr. Kiff indicated that he has received a number of comments since yesterday. Mayor Ridgeway asked that Council receive a 3 -G demonstration when the ordinance comes before Council. Council Member Heffernan asked that the Telecom Committee look at the ordinance prior to it coming before Council. ANALYSIS OF POLICE OPERATIONS - JULY 4, 2002. Police Chief McDonell stated that almost all Police personnel were scheduled to work on July 4th and added that they are supplemented by 30 California Highway Patrol Officers, 19 Orange County Sheriffs Deputies, and 4 Costa Mesa Police Officers. He indicated that their main objective was to put forward a strong uniformed presence in the Peninsula area. He indicated that the July 4m reality for the City is that it will continue to be inundated by holiday visitors each year regardless of the measures that are employed. He stated that it is difficult to keep people out of the community on July 4� and that they recognize the impact street closures have on West Newport residents. He noted that large crowds existed before street closures and they still exist after street closures. Chief McDonell reviewed the field activity that occurred between 4 p.m. on July 3, 2002, to 6 a.m. on July 5, 2002, and indicated that it was generally similar to other years. He expressed concern over the critical incidents that occurred this year which involved weapons and moderate injuries due to altercations. He indicated that this was his tenth July 4th as the Police Chief Volume 55 - Page 329 INDEX Police Operations/ July 4, 2002 (70) City of Newport Beach Study Session Minutes August 27, 2002 INDEX and believed that this year was pretty volatile, especially after dark. He reported that it cost the City about $90,643 to police this year's July 4th.. He noted that this does not include the 260 hours of compensatory time taken in lieu of cash for overtime. He stated that the salary is down by about $4,400 from last year and is due to reductions in overtime. He expressed concern about the potential for severe consequences due to excessive consumption of alcohol. He added that the possibility of severe injury to City personnel and visitors is ever - present and growing from year to year as it becomes more of a recognized event. He stated that they do not believe there will be change in the character of the event until a long term change occurs in the character of the Peninsula neighborhoods from summer rentals to permanent residences. He added that the employees do an exceptional job of policing the streets with very minimal serious injuries or impacts under trying circumstances. Chief McDonell showed a video of July 4�h. He indicated that everyone is in a festive mood in the early part of the afternoon; however, it gets carried to excess. The video showed Balboa Boulevard, many of the streets holding patio parties, a water balloon launcher, arrests, the field command post/booking area behind City Hall, the medical technician from the Sheriffs booking facility that was hired to clear the arrestees for incarceration, the transportation vans along Balboa Boulevard, the various ways people transport alcohol, an officer that was cut by glass debris from a bottle that was thrown, fireworks, Coast Highway traffic, the deployment of officers to clear Balboa Boulevard at midnight, and the jail as the arrestees sober up. He pointed out the volume of people on the streets and reminded everyone that it does not take much to set off a crowd. He also pointed out the difficulty of access for emergency vehicles. He reported that about 126 people were booked out of the field command post in a 12 hour period, starting at 1 p.m. He indicated that, when the anonymity due to darkness takes over in the evening, people start shooting fireworks and become less cooperative. He added that this also corresponds with the amount of alcohol that is consumed by that time. He stated that officers wear helmets in the evening when they clear the streets, but they do not wear them during the day because they are trying to be out there among the people, as low -key as possible, communicating with them. In response to Mayor Ridgeway's questions regarding the 14 felony arrests, Lieutenant Klein reported that they were mostly for assaults with deadly weapons, drugs, and drugs for sale. Council Member Heffernan asked what City function the City is trying to provide before someone gets severely injured or murdered. He indicated that there are very few restrictions about who comes to the City or the hours of liquor sales, but pointed out that the City continues to deploy huge manpower, spend a lot of money, and there is potential liability. Chief McDonell stated that he is not sure they are serving a City function except to police a spontaneous event that the City knows will occur every year on July 4t^. He indicated that they are only trying to respond to it, contain it, and manage it with their presence so it does not get completely out of control. Council Member Adams stated that every year the issue of closing the streets is discussed. He indicated that he received a letter from the West Newport Homeowners Association requesting that the City and the Association take a fresh look at this issue and look for alternatives to accommodate the spontaneous event. Chief McDonell reported that the Police Department has an Volume 55 - Page 330 City of Newport Beach Study Session Minutes August 27, 2002 INDEX ongoing relationship with the Association from a planning perspective. Mr. Bludau asked if the department noticed unusual activity since there was no fireworks at the Dunes Resort. Chief McDonell stated that they only noticed that they did not have to deal with the Dunes. He noted that the two events are very different in terms of who attends since the Dunes is mostly family - oriented. Mayor Ridgeway clarified that "Peninsula" in these discussions mean 30th Street to West Newport. He asked if the same type of people are coming into the City as five to ten years ago. Chief McDonell stated that the people are primarily young people and that he has not seen significant changes in the demographics. He reported that 86% of the arrests were people who lived outside the City. Mayor Ridgeway noted that there are probably 535 summer rental homes from the Peninsula to West Newport that are historically occupied by numerous people. Chief McDonell pointed out that July 4th people just travel from one party to the next. Mayor Ridgeway noted that, as soon as someone steps onto the sidewalk with alcohol, they are subject to a citation. Barbara Johnson stated that she used to live on the Peninsula. She indicated that she was there on July 4th and that it was a disaster. She noted that the City is spending millions of dollars on a visioning plan and stated that she cannot believe this day is the vision the City wants. She pointed out that people refer to Newport as "Zooport" and the Peninsula as the "War Zone ". She asked how fast the City, the Assembly, or Congress would rule this a natural disaster about to occur and shut it down if it happened on the public streets of Lido Island or on Bay Front. She stated that everyone seems to think this is an acceptable thing to do in Newport because it has been going on for years. She commended the Police Department, but believed that something really bad is going to happen sooner or later. She indicated that she tried to get representatives to talk to her about this and visit that part of the community to watch it, but no one was willing to spend the day here. Mayor Ridgeway stated that he was previously assigned to a task force to help put more rules in the codes relative to noise and making the landlord liable for second acts by the tenants. He indicated that he wished the committee went further and believed that there should be discussion about abolishing summer rentals throughout Newport Beach due to public safety. He added that the University of Irvine uses Peninsula rentals for housing. He stated that, to get owner - occupied units, the City even eased the requirement for condominium conversions but this did not help. He believed that the City needs to look at master planning, turning the numbered streets into cul -de -sacs, and creating little neighborhoods within the larger neighborhoods to convert the area to owner - occupied units instead of rental units. He stated that this will take will power, input from the public in that area, and a policy change to the entire neighborhood. He indicated that he was supportive of this ten years ago. Ms. Johnson stated that she was told by Senator Johnson's office that the City cannot legally close down public streets unless it can determine there is a public nuisance or a safety hazard. She noted that Miami, Palm Springs, and Huntington Beach used to have problems during Spring Break, and asked what the neighboring communities are doing to stop this. She recommended that one of the Senators or Assemblymen enact a bill so this type of July 41h does not occur anymore. Volume 55 - Page 331 City of Newport Beach Study Session Minutes August 27, 2002 INDEX Dolores Otting stated that she went to Pleasanton last weekend for a car show. She indicated that there were 40,000 people in Downtown Pleasanton and there were no problems. She added that they were even given a document at the Marriott in San Ramon which stated that they were the only two people to occupy that room. She stated that last year during July 4th, she was in Long Beach with 500,000 people and there were no problems. She indicated that she does not understand why alcohol has to be sold in the City on July 4th. She noted that a key is needed to get cigarettes; however, someone can get a lot of alcohol with no problem. She reported that the City belongs to the League of Cities and believed that the City has a lot of vehicles to make changes. She stated that having this happen every year is ridiculous. She added that bicycles should also be prohibited on July 4th. Gene Dorney stated that he is on the Fourth of July Task Force with the West Newport Homeowners Association. He indicated that they are happy that Council has seen the video and commended the Police Department on a marvelous job of showing restraint, its presence, and for its planning. He added that they get better every year. He stated that this does not stem from one problem, like summer rentals, but also from things like foot traffic and tour buses dropping people off at the City's borders from as far as Oxnard and Ventura County. He indicated that it may be time to consider a total closure of the streets for July 4th. He noted that the people in the crowds are young people, but pointed out that some of them are in their early 30s. He stated that people come from miles around because they know there is action. He suggested that the City portray a less hospitable image and address all the issues. He noted that the Colorado River used to be like this, but the party moved on. Mayor Ridgeway noted that, even if the City could close the roads under the Vehicle Code, the California Coastal Commission prohibits the City from closing the beaches. He pointed out that the July 4th visitors may end up on the sand which places them in front of houses where it is difficult to patrol. He indicated that a survey was conducted ten years ago which reported that about 70% of the units in the area are rental units. Paul Watkins, 6405 West Ocean Front, thanked Council Members O'Neil and Glover on behalf of the West Newport Homeowners Association for their years of service. He stated that, at their July Board Meeting, the Association discussed July 4th. He indicated that he believes something more serious needs to be done. He reported that his female friend felt very unsafe during July 4th while riding in West Newport and asked to return home. He noted that the staff report referenced rapes, people losing teeth, having broken noses, and the 162 arrests, and asked if it is time to do something. He believed that the City should take some litigation risks since it is time to restore order in the community. He suggested that Council consider appointing an ad hoc committee, called "The July 41h West Newport Safe and Sane Committee ", which will be chaired by Council Member Proctor and include representatives from the City Attorney's office, the Police Department, and one or two representatives from the Association. He believed that the mission of the committee should be to establish and implement an action plan to make dramatic changes to restore peace and sanity in West Newport over July 4th. He added that a plan should be in place six months before the next July 4th so the residents will be familiar with it and prepared to abide by it. He noted that Huntington Beach and Palm Springs has done some things to restore order and the quality of life to its residents and added that Newport Beach residents deserve no less. Volume 55 - Page 332 City of Newport Beach Study Session Minutes August 27, 2002 INDEX Council Member Heffernan stated that the Port Streets had a lively Halloween assembly about ten years ago which had problems. However, the following year, the streets were closed and only residents were allowed to participate. He indicated that the problem was solved and there was no longer a need to close it again. Madalene Arakelian stated that, at one point, only residents were allowed on the Peninsula and traffic was controlled. She wondered why this was stopped. She asked whether the City has an ordinance regarding how many people can occupy a rental property. Mayor Ridgeway noted that the City faced an issue last year in which a family rented a house but let their college kids take it over with 10 to 12 friends. He stated that the City could not prevent the 10 to 12 people from being there. He noted that the agent who tried to lock down the house was arrested and had to pay a fine. He reported that the tenants were protected under landlord/tenant law. Ms. Arakelian asked how many of the young people were under 18 years old and why the City cannot have an ordinance that requires people under 18 to have adult supervision. She reported that Dana Point has a lot of people in the area on July 4'h, but they do not have this problem. She stated that she would like to find out what they are doing to prevent this. She indicated that the City needs to do something about it and that she does not want to hear "we can't do it ". Mary Bryant stated that she agrees with everything everyone has said and indicated that it is time that the City looked at other communities and how they are celebrating the Fourth of July, i.e. 5K runs and pancake breakfasts. Mayor Pro Tern Bromberg stated that he has been viewing tapes like this for years and that every tape, no matter the year, has the same amount of people, same type of people in the area, and the same problems. He indicated that he has asked himself why the City has this, noting that Balboa Island has summer rentals but these problems do not exist there. He stated that the City would be dealing with Constitutional issues, but believed the City needs to stop being afraid and take extreme measures. He emphasized that not every Constitutional right is a protected right. He believed that it is impossible for something really bad to not happen, pointing out that the officer who was hit with glass this year could have had a shard of glass go through his head. He expressed the opinion that the City has the legal parameters to take drastic and extreme measures. He added that the City could prohibit alcohol for a day, close streets, and limit the area to residents only. He stated that forming a committee is a perfect start. Council Member Adams recommended that the formation of the committee be brought back to Council at the next Council meeting. Mayor Ridgeway agreed and believed it is also time that the City look at the homeownership /summer rentals in the area and the measures mentioned by Mayor Pro Tem Bromberg. Council Member Adams believed that the long term planning issues should be dealt with separately. He stated that the immediate need is to consider Mayor Pro Tem Bromberg's suggestions to address the problem now and, on a parallel track, look at long term land use issues that may be contributory. He indicated that, if the committee's scope is too broad, it will make it difficult to get things done. Mayor Ridgeway believed that the Council Member of the district should scope and identify issues for the committee. He noted that there was a previous committee that was formed years ago for this issue. Council Member Adams Volume 55 - Page 333 City of Newport Beach Study Session Minutes August 27, 2002 stated that this issue is more than something that just the Council Member from the district should have jurisdiction and involvement over, believing that this is a liability issue for the entire City and is an issue that affects the City budget and reputation. He suggested that, when creating the committee, Council representation be more than just the Council Member from the district. Mayor Pro Tem Bromberg stated that the City may constitutionally have a problem with limiting property rights regarding summer rentals. He agreed with Council Member Adams that a committee is needed and that it is a regional issue within the City. He asked if the City Attorney's office could look at this now since the City knows what it wants to accomplish. Council Member Heffernan stated that he cannot believe there is extended discussion about this problem since it is intolerable. He indicated that this event is an insult to the City and would never happen on Balboa Island and the Port Streets; however, it happens on the Peninsula and people turn their backs. He stated that other jurisdictions have had this problem and were able to deflate whatever the ingredients are that make a party place. He pointed out that there are a lot of people gathered in one location with a lot of alcohol. He believed that the focus should be to eliminate the event or at least greatly reduce it in 2003. He stated that the committee should have, by the end of the year, some concrete suggestions that can be implemented so, by the end of the first quarter, the City knows what it is going to do. He believed that, if the City fumbles around and worries about the Constitution, nothing will get done and the same problems will exist next year that will take years to deflate. He noted that there are residents from the area who know the background and history, and stated that those people are the ones who will be most directly affected and benefited by this. He agreed that this is a Citywide problem. He stated that this is unacceptable to him and emphasized that the City should not be viewed as the location on July 4�h where everyone comes to have a great time, police be damned. PUBLIC COMMENTS — None. — 6:00 p.m. awxe�rr�t��s :z�xxxyr:exxxx:r�:xirx*�x The agenda for the Study Session was posted on August 21, 2002, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary City Clerk } �f Mayor Volume 55 - Page 334 INDEX