HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
January 28, 2014
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
January 14, 2014 -- 5:00 p.m.
I. ROLL CALL
II.
Present: Council Member Gardner, Council Member Petros yor Tem Selich, Mayor
Da' Hill, Council Member Curry, Council Member D W -.
Absent: Council Member Henn �g Y's
1. CLARIFICATION OF ITEMS ON THE CO NTT CALENDAR - None
Y
Council Member Henn arrived .4 5:04 p.m. a cused himself from the Lido
Marina Village Overview item "` he has a °tential conflict of interest
due to a business relationship he has' a business Via Lido Plaza.
2. LIDO MARINA VILLAGE
Council Member ,fieinn Aycused hims : rom this item since he has a business
relationship wig a busiesa in Via Li`' Plaza.
Community Development &:rector Brandt ii4roduced the item noting the attendance of
represent rtner4. She deferred to its President, Lindsay
J fiidsay Parton, Pre�Adent of JM Capital Partners, presented background including
Ukroation regarding" e comp and some of its projects including the redevelopment
of" a Terra and buitding the Ncific City retail site. He added that they are very
family . -with the historj of Lido Marina Village and reported working closely with''staff
in terms their visio{* =for the area. He reported that the character of Lido Marina
Village wi ange as well as the color palette, texture, signage, awnings, hardscape,
landscaping d the ,docks on the marina side noting that the goal is to make Lido
Marina Village i more family - oriented concentric place. He addressed expansion of
the marina and brdwalk, boat slips, architecture, elevations and possible tenants. He
added that the intention is to use the existing buildings and not change any of the uses
and stated that they are ready to start on the project. There will be no significant
changes in entitlements or approvals. He added that the project is funded by DJM
Capital Partners and asked for Council's comments and feedback.
Council Member Gardner commented on the parking structure, boat slips and
warehouse.
Mr. Parton stated that they have concepts of elevations of the parking structure and will
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City of Newport Beach
City Council Study Session
January 14, 2014
provide copies of same to Council. He added that it will be repainted, re- landscaped and
that new signage will be installed to improve the aesthetics. He addressed the number
of boat slips and commented on what used to be the warehouse building noting that the
intention is to have restaurants, not nightclubs, to enhance the experience of residents.
Council Member Gardner commented on the "curated" experience noting that it will be
made into a destination.
Council Member Curry commented on urban legends of the ares including bad leases
and easements and inquired as to how that has been addressed o
Mr. Parton reported on challenges with one of the b,idings and stated that the
company was able to negotiate with the owner and ph the building and fee and
there are a few other long -term leases that are pa Vbf the ti -but they are long -term
are very small spaces. He added there are space 'at they do mown and control, but
all the other owners are agreeable to the propotimprovements.
Council Member Petros commented of
was very impressed with the company
which was very well- attended by resic
the community.
In response to Mayor Pro Tem
that they are currently conduct
staff to obtain their input. He
parking work.
Mayor Pro Tem.
T6n with citizens and° ted that he
e attended an event at 'e Cannery
commended the company for engaging
!egag Parking, Mr. Parton reported
and Ah ,Ahey would like to meet with
believes $1T r will be able to make the
on marking challenges in the area, historically.
Mr. - Parton ted that" one of the issi s they intend to address is the party boats
parking and feltat it solvable .
Maya Seli stated he is fo see that they are considering widening the
liardwalk
M. ayor Hill commesi d on tli�'�jesire for additional public piers and a related study by
Wb,g Harbor Commis spin and as how a public pier could be added to the project.
Mr. Nfton indicated hat the idea was for potential duffy drop -offs in the area where
there ax"�irrently *all boats adding that the dingy areas could be used as public dock
'-
areas.
Linda Klein as1W regarding a timeline for the project.
Mayor Hill stated that a timeline is not available at this time.
Community Development Director Brandt reported that there are tenant improvements
that can be approved at an administrative level. She added there is potential for a
Conditional Use Permit for the parking structure.
Mayor Hill added that a way to address a timeline is the fact that they are not changing
the square footage or making major building changes and do not have a Coastal
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City of Newport Beach
City Council Study Session
January 14, 2014
Commission issue or zoning issues. Whatever the timeline is, it will be light years
ahead of any other activity.
George Schroeder congratulated Mayor Hill as the new Mayor of the City. He asked
that he not be so quick to cut off public comment and felt that the public will like the
proposed concept as it does not require major changes or intensification of use. He
added that good property management will help to make it a successful project.
Denys Oberman thanked Council for agreeing to move this forw�' 'd and asked whether
there will be a coordinated parking arrangement with the R.I11�lson hotel project and
stated that the community is excited about the change and "�iaving an upscale mix of
uses. A
3. NATIONAL FLOOD INSURANCE, REVIEW O `r°NEWP6UT HARBOR'S BASE
FLOOD ELEVATION. [100 -20141
Building Manager /Chief Building Officer ,Jfi
addressing changes to the National Fl Ir
Newport Harbor base flood elevation stu va ` cc
noted that the City participates in the NFIl'
program. He addressed NFIP rating exan
reducing insurance costs, pros having
s.
insurance rates and challenges to creas(
In terms of the Base Flood Elevatty
Officer Jurjis provided background .
terminology, met , ,'r$ies for meai
Harbor as well '
ag"r"esult*, of the study
:e Program (NFIP) ults of the
is Island sea wall replament. He
in and highlighted changes to the
premium rates, insurance costs,
,49n certificates on file, reducing
Builr*g Manager /Chief Building
f4—. onsultant and scope of work,
and'etermining the BFE for the
he addressed the sea wall height.
In response tMouncil Member Petros' ` pquiry regarding clarification of the sea wall
height, Public Vil `" s or David We reported that the wall would need to be at
least to feet h ' , I ` I'extiu` Runcl,1 provide the required FEMA protection that
:.:.. .:..:.. r
wo mb boand from tha plain.
Officer Jurjis continued with his presentation
Analysis and Mapping Project being conducted by
Publi c ?`:, orks DiJeor Webb continued with the PowerPoint Presentation. He
addresseti a exisg Balboa Island drainage system, tide valves, new rubber tide
valveYtions, proposed plan, new drainage system concept, possible
solutions for tHE ?£Fry and a coordinated effort to reduce possible flooding and insurance
rates.
Mayor Pro Tem Selich thanked staff, indicated that he was glad the study was done and
as he had suspected the BFE was too high. A secondary goal was to see if there were
engineering solutions to getting the island out of the flood plain and he stated he hoped
that Council will allow staff to move forward with the project.
Council Member Henn commended staff for its leadership on this issue. Relative to
BFE, he noted there is still sea -level rise to consider and asked whether the BFE
increases as sea -level rise increases and if flexibility should be maintained to go higher
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City of Newport Beach
City Council Study Session
January 14, 2014
on the sea wall going forward.
Public Works Director Webb stated that a new FEMA requirement is to address sea-
water rise. He stated there is not much guidance on the matter and that one of the
solutions discussed in the Tidelands Management Committee is to build the wall to ten
(10) feet in order to get out of the flood plain, but design it so that it can be added to in
the future, if needed.
Council Member Daigle addressed rising rates as motivation to not be listed in the flood
plain and asked if there is lobbying by other coastal cites` to not adopt FEMA
regulation.
Building Manager /Chief Building Officer Jurjis repq�ied<n. .that there is push back
because communities will struggle with the higl;'er rates; refore, bills will be
submitted to Congress to delay implementation`i He stated tha:_the FEMA Director
cannot sustain paying claims with the current p3 emiums. `11
Council Member Henn expressed
Council Member Gardner expressed concerns
affected by sea -level rise. She noted there ai
addressed and stated that this orroiect could
Council Member Petros agreed that tH
holistically, for the entire bay. Hel coma
FEMA to evaluate the BFE in this;;area
happen to increase t �$FE. `
Building Man er /Chief Building Offi
City of Newport Beach
City Council Study Session
January 14, 2014
Council Member Petros stated that private insurers are opting out of flood insurance.
Building Manager /Chief Building Officer Jurjis stated there is an opportunity for
private insurers to provide flood insurance adding that they assess risk differently than
FEMA.
Lee Pearl thanked Council for doing the study noting there is a tremendous fiscal
impact on residents. He stated that changes can be made and t4at the cap on the sea
wall is not as costly and will entail maintenance rather than re struction.
Jeff Herdman, President of the Balboa Island Imp rovemessociation, thanked Mayor
F C
Pro Tem Selich for pursuing this matter so aggressive `t I yanked staff and Council
for supporting this study and encouraged continued rk on tg4gatter.
Harold Parker commented on the loss of sand. the smaller beac Corona del Mar
and provided testimony regarding a neighbophat h the floor of his se cave in.
Council Member Gardner stated that thF tkty l -s.plans to put more sandNthe beach
at China Cove..
Public Works Director Webb reed that the E "', .. hase of the Marina Park project
that was recently approved will r" gadredging or new marina adding that 5,000
yards have been permitted and sited' a Cove # e expects that to start some
time in spring. He stated the imgprtance vate pity owners to ensure that
their sea walls are intact. 1, S.
- "F
Don Abrams thaed ayor Pro Tehch for his help on this issue and over the
years as well ag. staff. )fie pointed on at FEMA is difficult to work with and stated
that if there nrivate.'`curovider he woull like to know about it.
Josh Yocamcomindat e kdy and &eked if it involved the entire harbor.
ig Officer Jurjis responded in the affirmative.
will affect the entire harbor, not just Balboa Island.
Yocam referen d ongoiYg mitigation construction to resolve the BFE and
Eying within the. surance program.
Buildings t, nager /Cief Building Officer Jurjis stated that the mitigation has to affect
the entire i " nd anY that in order to mitigate a specific property the mitigation would
be to raise th�U tion of that particular parcel.
Council Member Henn stated that the Peninsula is not currently designated within the
flood plain.
Building Manager /Chief Building Officer Jurjis reported that it is in a flood zone but
that it is elevated at a higher elevation and is not in a hazard area so that there is no
mandatory insurance issue.
Mayor Hill thanked staff for the thorough report and hoped that the presentation can
be placed on the City's website. He encouraged residents to review it.
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City of Newport Beach
City Council Study Session
January 14, 2014
There was consensus from Council to have staff continue moving forward with this
matter.
III. PUBLIC COMMENTS
Jim Mosher commended Council for taking the time last night, to discuss items on Closed
Session on behalf of residents. Since there is no Closed Session tonight, he reminded Council
that if it gathers between now and the regular Council meeting, congsation should not be
about City business. He commented on City's litigation and how it handled and paid for.
Additionally, he commented about outsourcing legal services, anddAltending a recent meeting
where a former City attorney was present. He added that k; was surprised that he still
represents the City on some matters and commented on his. Fees 9 4,retainer agreement. He
mss=
expressed concern that the agreement is confidential =itnd rega , g the City's Policy
prohibiting hiring a company if an employee has worke or the City in a last five (5) years.
He felt that Council should retain oversight of contrart�ln�g;a
IV. ADJOURNMENT - 6:16 p.m.
The agenda for the Study Session was postedi%"``. anuary 9, 2014, at 4:00 p.m on the
City's website; on January 9, 2014�at 4:00 p.m o he City Hall Electronic Bulletin
Board located in the entrance of," City Counc hambers at 100 Civic Center
Drive; and on January 9, 2014, at 4pin the Mee Agenda Binder located in
the entrance of the City Council Chi berg` QO Civic E6ter Drive.
City Clerk
Mayor
Volume 61 - Page 402
Secretary
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 14, 2014 -- 7:00 p.m.
I. STUDY SESSION - 5:00 p.m.
II. CONVENE AT 7:00 P.M. FOR REGULAR MEETING
III. ROLL CALL
Present: Council Member Gardner, Council
Council Member Curry, Council Me:
IV. PLEDGE OF ALLEGIANCE - Mayor Pro Tem
V. INVOCATION - Council Member
VI. PRESENTATIONS
Presentation of
ayor Pro Tem'lich, Mayor Hill,
Member Daigle "task
City Manager If introduced new Librar ";.Services Director Tim Hetherton and deferred to
him for a presen£a1kq�.
Libra F` " pirec lletherT8h ONC until for its continued promotion and support
of within awity ' stated that; `this year's list of grantees will provide quality
ICgramming for re en d the community at large. He introduced and deferred to the
air of the Arts CoAgssion,`I g Goldberg.
Ritaldberg, Chair of" he Arts Commission, addressed the disbursement of funds that have
been Ag rated to worth' arts entities that share the City's vision of providing quality arts
program for the benefit of residents of Newport Beach.. She noted that the Arts
Commission' icharg with enhancing and supporting the arts and providing cultural
programming dh,4t4fiked Council for its support and Arts Commissioner Arlene Greer who
spearheaded this'r's granting process. Grant recipients included Baroque Music Festival,
ExplorOcean, Festival Ballet Theater, Newport Film Festival, Seaside Musical Theater, South
Coast Repertory Theater and Southland Opera.
Mayor Hill congratulated Library Services Director Hetherton on his appointment.
Presentation by City Arts Commissioner Robert Smith
Arts Commissioner Robert Smith announced that a Request for Proposal (RFP) soliciting
sculptors who may be interested in loaning art to the City for installation in the Civic Center
Park was posted online. He reported that Arts Orange County is managing the program and
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City of Newport Beach
City Council Minutes
January 14, 2014
that the installation will be between August 2014 and summer of 2016. Ten (10) sculptures
are being sought with three (3) or four (4) alternatives. He addressed the Subcommittee and
its members noting that it was formed to make the initial selection which will occur on March
28th. The matter will be presented to the Arts Commission on April 17th and to Council in
the beginning of May. He encouraged anyone who knows of artists that may be interested, to
visit www.callforentry.org. He added that the goal is to hold an inaugural event in September
2014.
In response to an inquiry by Council Member Gardner, Mr. Smith spited that the application
provides the necessary information including installation costs, horariums available, artist
responsibilities, the City's responsibility and Peter Walker's Mq,06 Plan for Sculptures.
VII. NOTICE TO THE PUBLIC
VIIl.
Council Member Daigle reported attending one the g
trash cart where three sizes of carts were displaye
and that the City has sent each resident a letter with a
and added there is also a postcard by whim residents can
deadline is January 20, 2014 to ensure tosidenta ob
ed ,
the City is ahead of schedule compar t f in
end of March through early May and notyl thayk
existing contracts. She urged residents to';gontact tb;
concerns.
Additionally, Council Memb
Mercedes dealership in
producer for the City mien
around the area and repx
reported that the Irvine Rya
stewardship opp „a, on
invasive plan,
aber Curry co:
City Councils
organizati ,,.seeking to
formula as &*' lates to c
the California e`Eomy r:
rents and prices foyer;
adding for Council's qx
Proposition 13.
Aerings held by the Cif kn selecting a
reported that the new carts have wheels
that can be used for online registrations
mit their orders. She reported that the
i e cart of their choice and noted that
des. its will begin to be delivered the
vice %. not apply to areas that have
t,y„ Man"'er's office with questions or
reported that,,V6tcher Jones Mercedes has been the number 1
for the fi *`nth straight year and they have been a steady
s tax reven%. She listed improvements that have taken place
Lower Big nyon is an area that needs a make -over. She
gryancy has a; -J;ot of resources and creativity and is holding a
$014, at 9:00 a.m. where residents can help pull
l did reposition 13 and its protections and reported receiving an
for mange, a front group for evolvecalifornia.org, a Bay Area
nt a split roll whereby they would change the Proposition 13
l property. He stated that this would have a disastrous effect on
perty taxes on commercial properties that would result in higher
eased store vacancies and a significant loss of jobs. He proposed
i at its next meeting, a resolution in opposition to changing
Additionally, Council Member Curry reported that Mayor Chuck Reed, from the City of San Jose,
has proposed a measure to change the way in which pensions can be negotiated. The measure would
allow the City to enter into negotiation with its bargaining units to stop the accrual of benefits in a
certain plan and introduce a different tier adding that this would enable the City to achieve savings
for existing employees. He asked bringing the matter for Council discussion in order to take a
position on the measure.
Council Member Gardner asked if Council Member Curry is suggesting waiving Council's usual
method of asking the City Manager to bring back an item to determine if Council would like to talk
about it. Council Member Curry stated that could be done as well.
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City of Newport Beach
City Council Minutes
January 14, 2014
Ea
Council Member Gardner stated she would love if staff eliminated "kind of from their vocabulary to
which City Manager Mff requested specifics. Council Member Gardner provided an example and
the need for increased specificity.
Council Member Petros reported he attended a meeting on December 11, 2013 regarding the
proposals of the Newport Mesa Unwed School District to construct facilities around the Corona del
Mar High School Track (Stadium). He reported that the meeting was well- attended and that the
proposals are not those of the City but rather of the District. He encou ged residents who have
concerns regarding the matter, to contact the District. He noted that thty is also following these
matters and that he will be following it up from the dais and if resI nts have concerns that they
would like Council to address, he urged them to contact him with same.
Mayor Pro Tem Selich reported that the Land Use Element;, oendmeiWXommittee (LUEAC) met
on January 7, 2014 and finished its policies review except,joi a few mincA ms. The next meeting
will be on February 2, 2014 at 2:00 p.m. in the Friends ROm where the Com �`Use will be looking at
the preliminary results of the traffic study and discs ' "the fAv remaining poPiees. He added that
January 15, 2014 at 12:30 p.m. in the Newport 9,jpast Road the General Plan/fal Coastal Plan
Implementation Committee will meet and will be" n update on coordinatiori`orts with the
Coastal Commission and discussing Coastal Canyon oays.
In addition, Mayor Pro Tem Selich requ ' ., d that staff brl back for Council consideration at the
first meeting in February, the issue of r ;'` ,' speed limit 0,-.. M Tustin Avenue between 21st and
23rd Streets. He was approached by af?ga 'i" n. nt represe " tives and was presented with
information that the full Council should hear
Mayor Hill reported that he kis wife atten` d a p, sentatio' ExplorOcean on the Titanic and
commented positively on t. ' `'
p y 44 pre` ntation and e'` .y, 'Additionally, he announced the Annual OASIS
Open House on Januarys `5, 2014�nd encourage " - esidents to attend as well as Newport Restaurant
Week which will be �brated �anuary 17th t ' ough January 26th. Regarding the latter, he
reported that the MyNB11' onEFApp has a direct link with additional information. Mayor Hill
encouraged reside,�s to or 7r�rte�,rh carts',_ y January2Q, 2014 adding that they are free.
a
In respond#; to Council Tfffgber s inquiry, City Manager Kiff announced that Council will be
,
holdin Rs Strategic Plamiia /Prior. ' s meeting on Saturday, January 25, 2014 at 8:30 a.m. in the
Comty Room and that faunal notiwill be provided.
Council Meiker Henn noted"; this is an important opportunity for Newport Beach citizens to
participate in priority- seting process in which Council engages and encouraged residents to
attend.a
Christopher Hanna, Boy Scout Troop 741, thanked the City and Michelle Clemente from the Marine
Education Department and the ACORN Group, for helping him complete his Eagle project and
provided a brief description of same.
X. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
1. MINUTES FOR THE DECEMBER 10, 2013 REGULAR MEETING. 1100 -20141
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City of Newport Beach
City Council Minutes
January 14, 2014
Waive reading of subject minutes, approve as amended, and order filed.
2. READING OF ORDINANCES. Waive reading in full of all ordinances under
consideration, and direct City Clerk to read by title only.
B. ORDINANCE FOR ADOPTION
3. MIRAMAR DRIVE CODE AMENDMENT (PA2013- 211). - 022, 2026, 2032, 2034,
2038, AND 2042 MIRAMAR DRIVE. [100 -20141 Conduct-'second reading and adopt
Ordinance No. 2013 -29, An Ordinance of the City Counc'of the City of Newport Beach
Adopting Zoning Code Amendment No. CA2013 -006 46 "Thange the Rear Alley Setback
From 6 Feet to 0 Feet for Six Properties on Miram AdrioewA2013 -211), 1) finding that
the amendment is categorically exempt urld;7 Section 305 of the California
Environmental Quality Act (CEQA) Guidelin - Class 5 ( r Alterations in Land
Use Limitations) and 2) approving Code Ap�'iidmsat No. CA2011 ow
C. RESOLUTION FOR ADOPTION
0
4. RESOLUTION UPDATING THE LIST 1W DESIGNATED EMPLOYEES FOR
2014 UNDER THE CITY S ` NFLICT OFV1ffFREST CODE. [100 -20141 Adopt
Resolution No. 2014 -1, A Re ",.pof the City (tncil of the City of Newport Beach,
California, Adopting an Updat' Desn d Emplo `yam List for 2014.
6. BAY AVE . (* E PAVEMENT RE BILITATION - NOTICE OF COMPLETION
AND AC PTAN OF CONTR ,: T NO. 4840 (CAP12- 0003). 1381100 -20041 a)
Accept the" ple work and autho ze the City Clerk to file a Notice of Completion
for the roject,,'' e City CY k to release the Labor and Materials Bond 65
dai e N e of Comll` a9 been recorded in accordance with applicable
ePportions of i kCivil °(a€ de; and c) release the Faithful Performance Bond one year after
acceptance by'
e Citjyuncil. Council Member Henn recused himself from this
lg`.,,` item since he l�es witli) 500 -feet from the subject property.
7. QUEST TO INSTALL PRIVATE IMPROVEMENTS WITHIN THE PUBLIC
R T- OF- WAt,'AT ISLAND AVENUE BAY AND EDGEWATER AVENUE (C-
5706'kP8 /100 -'0141 a) Waive City Council Policy L -7, Encroachments and Bay
Access ;, BueAa Vista Boulevard - Edgewater Avenue between Bay Avenue and
Fernando; w private gates, walls, landscaping and signage within the proposed
bridge entriortal; b) waive City Council Policy L -8, Private Encroachments in the
Public Right -of -Way Ending at the Ocean Front or at Newport Bay, to allow the
proposed bridge entry /portal at a height of 10 feet, 8 inches tall and low walls to
encroach up to 32 feet into the public right -of -way; and c) direct staff to prepare an
Encroachment Agreement with Owners for the proposed private improvements within
the Edgewater Avenue right -of -way, and authorize the City Manager and City Clerk to
execute the Encroachment Agreement.
8. REQUEST TO RETAIN EXISTING PRIVATE IMPROVEMENTS WITHIN THE
PUBLIC RIGHT -OF -WAY AT 3400 OCEAN BOULEVARD (C- 5707). [38/100-
20141 a) Waive City Council Policy L -6, Private Encroachments in the Public Rights -of-
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City of Newport Beach
City Council Minutes
January 14, 2014
Way, to allow block walls, railings and entry stairway taller than 3 feet in height
within the Marigold Avenue public right -of -way; and b) direct staff to prepare an
Encroachment Agreement with property owners for the existing private improvements,
and authorize the City Manager and City Clerk to execute the Encroachment
Agreement.
9. MEMORANDUM OF AGREEMENT FOR CONSTRUCTION OF THE GIRL
SCOUT LEADERSHIP CENTER WITHIN MARINA PARK (C- 1955). [381100-
2014] a) Approve the Memorandum of Agreement for ConR(uction of the Girl Scout
Leadership Center within Marina Park by and between thity of Newport Beach and
the Girl Scouts of Orange County (GSOC) defining eacOarty's role for construction of
the new GSOC facility; and b) direct the Mayor Nom"` xecute the Memorandum of
Agreement and delegate authority to the City ana14o execute all documents
necessary to implement the terms of the ement to implete the Girl Scout
Leadership Center facility within the City's Darina Park. >a.
10. GEOTECHNICAL AND WATER ALIT PLAN REVIEW - 'PROVAL OF
AMENDMENT NO. 1 OF THE QF SIONAL SERVICES REEMENT
WITH BAGAHI ENGINEERING (C -5u� .:. [381100 -2014] Approve Amendment No.
1 of the Professional Services Agreemea.With Bagahi Engineering for contract
professional services for an= ,?amount not to ` "; Reed $720,000. Continued from the
December 10, 2013 City CoUAN tmg
E. MISCELLANEOUS`k
11. PLANNING 4 ISSION GDA AND'` ACTION REPORT FOR
DECEMBEW19, 20'3. [100&-2014`,A eceive and file
FUJI
Prause,
13 -2014.
Consent Calendar, exce
on Item 6 since he lives
),3Y THE MAYOR TO COUNCIL COMMITTEES, CITY
"_ . OC COMMITTEES, JOINT GOVERNMENTAL
BIND CI, "ADVISORY COMMITTEES. 1100 -20141
#ts outlined in the staff report.
OF M IBER TO THE CORONA DEL MAR BUSINESS
DISTRIET (BID) ADVISORY BOARD. [100 -2014] Appoint Ms.
resenting The Port Theater, to the BID's Advisory Board for Fiscal
in Selich, seconded by Council Member Curry to approve the
the item removed (Item 5); and noting Council Member Henn's recusal
1500' of the subject property.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill, Council
Member Curry, Council Member Henn, Council Member Daigle
XI. ITEM REMOVED FROM THE CONSENT CALENDAR
5. CORONA DEL MAR POCKET PARK - ADOPTION OF A RESOLUTION
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City of Newport Beach
City Council Minutes
January 14, 2014
DELEGATING AUTHORITY TO THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS NECESSARY TO ACCEPT REAL PROPERTY (CAP14 -0026) (C- 5612).
[381100 -2014]
Council Member Daigle pointed out the need for a legal description of the property in the
Resolution.
City Attorney Aaron Harp reported that there is a legal description for that property that can
be incorporated into the Resolution and suggested including that arq"art of the motion.
Resolution No. 2014 -2, A Resolution of the City
Delegating Authority to the City Manager to Execute
the Acceptance of Real Property for the Corona del 11
of the legal description. ,t
The motion carried by the following roll call
Ayes: Council Member Gardner, Council A'Ffk
Council Member Curry, Council Member
MI. PUBLIC COMMENTS
George Schroeder reported that he serves to t[i
announced their 33rd Annual Mayor's Dinn& on
capacity and encouraged anyone who has receive
their website or send an email`, -AW6 n
Jim Mosher commented 6n the
of storing recordings aiYtated
opportunity for those to lfn
posting links to t�;� vae t a on ,
added that he�s to t th
mother than tfi&a of
meeti other than those a
the mis of the meeting I
perspectiv''nd asked that tl
City Attorney ff*R reported
Policy to do a com %hhensive
of March which woulybe a
access of records to t"
requirements.
Pro Tem. Selich to adopt
the City of Newport Beach
and Agreements Related to
r:$?roiect, with the inclusion
(tros, Mayor Pro Tern Sept, Mayor Hill,
Council Member Daigle
L:
of Dirrs for Speak Up Newport and
i 2014;i3e stated that the event is at
t8 uthas not yet responded to visit
r(nIention of audi recordings of public meetings. He noted the ease
t#.ey are not onlye best and most - accurate record, but provides an
g it leisure. , stated that until recently, the City had been
�xx•
weblfxlhat dilate November the links had disappeared. He
z. qty has ins 1 d a new Policy whereby no links to any meeting
t ull Council would ever be posted and that recordings of all
)unc d the Planning Commission would be destroyed as soon as
been a'` loved. He opined this is a terrible Policy from the public's
latter be laced on a future agenda for discussion.
the City Clerk has been working on the City's Records Retention
ite and the matter will be brought before Council by the beginning
time to review the retention schedule and how the City provides
He reported. that all City Policies are consistent with legal
XIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle stated that she serves on the Airport Land Use Commission and that this
Thursday they will discuss the Back Bay Landing and structure heights. She stated she does not
anticipate any objections from the Commission. Additionally, she referenced the school stadium
project and noted that the money for the project originated from State Redevelopment money ($15
million). She stated that Newport Beach does not have a redevelopment agency but will be getting
half of that money.
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Council Member Henn reported that the Balboa Village Advisory Committee (BVAC) met on
December 11, 2013 where it finished the last portion of the work, plan for the year and on January 8,
2014 where it finalized the overall recommendations for the year for Balboa Village including a
comprehensive set of recommendations for revitalization. These will move forward in a public
outreach process and will have a CEQA review and be presented to the Planning Commission and
Council for review and adoption later this year.
Council Member Henn stated that the Tidelands Management Committeye met on December 18,
2013 and noted that the Tidelands Capital Plan will be regularly reviecy including updates and
changes to the plan which includes $20 -$30 million in spending for'Ahe benefit of the Harbor.
Additionally, the Committee reviewed the Harbor Commission's #i ends and action items and
discussed the Harbor Commission's report on public piers in the r and staff was asked to move
the process forward for Council consideration. Discussion also :,CKI�" suearding derelict vessels in
the Harbor and staff was asked to return with specific rec4endationg -; address the issue. The
Committee also discussed the proposed Coastal Commisaiq' olicy regarding=W-level rise.
Council Member Gardner reported that at the (
December, Wanda Smith from Regional Water
exclusion. She provided a brief description o:
changes.
XIV. PUBLIC HEARING
14. WIRELESS TELECOMMUNI
AMENDMENT NO. CA2012 -004
Council Member
and has an ecom
Community
and deferrer
m. He adc
nts, review
the receipt
staff
Brandt
ater Quality Coi `Wttee meeting in
rol Board spoke rding natural
and addressed potenel necessary
'IE,,,;,ORDINANCE CODE
this item since she works in the industry
the item, presented a brief background
b(Mgresented the background including adoption of the existing
of a"'{ mprehensive revision and extensive review by the Planning
axed hiWghts of the Ordinance, facility classifications, permit
hority and the need for public hearings for each classification. He
f correspondence noting there is nothing significant in the
A require changes and presented recommendations as stated in the
In response to M�H ill's inquiry regarding the process for a new, free - standing structure
that has a stealth. ystem, Principal Planner Campbell indicated that would be considered a
new, free - standing structure and would require Planning Commission review.
Council Member Gardner referenced a letter from Paul O'Boyle relative to smaller cell sites
and requested the rationale for denying the issue. Principal Planner Campbell reported that
the matter was considered, that there is no definition for small cellular versus macro facilities
and that by establishing a special review process for smaller sites would provide a competitive
advantage for that type of technology. He stated that the City cannot make an Ordinance that
provides preferential treatment for one technology over the other.
Assistant City Attorney Mulvihill added that there was no defined size and without being able
to codify that, the concern was that as these applications come through, depending on. the
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January 14, 2014
design, it may be small enough and fit into a more - preferred priority. It is not known what is
being proposed until the application is reviewed and to define size in the Code would be
difficult, if not impossible at this time.
Council Member Henn noted that the decision is made at various levels and asked regarding
the appeal procedures for decisions in the three levels of approval.
Principal Planner Campbell reported that the decision of the Director can be appealed to the
Planning Commission and there is a fourteen -day time period in wbj' h to file the appeal. The
Planning Commission's decision can subsequently be appealed touncil within the fourteen -
day appeal period. He noted that once Council makes its dec',s on, if an applicant wants to
appeal, it would be through the courts.
;t
Council Member Henn stated this is generally, a good 1 rove meft o the Ordinance.
Council Member Gardner inquired regarding th,,residential aspect oie Ordinance noting
they are not allowed on single - family residences, "askin fvvhether it would make a difference if
the sites were small enough.;:''
Principal Planner Campbell reported that discus regarding access to residential areas was
discussed substantially by the Planning Commiss ` He added that the industry would like
to have access to all zones and not ", hat this Ordin a addresses existing locations within
the current Ordinance and no ne.:,: are being oed as staff feels there is adequate
access to residential areas within theub i +'•" _ -of -way. s ;
Additionally, Principal Planner Campbsy indicate t ' e , "the objectives of the ordinance
was to provide additio}- :public notice f thesfacilities. noted some scrivener's errors in
the ordinance that l Vie' ced. % w
Mayor Hill opeo the pytblic hearing.,
George Schroe er at its is` t d Ordi nee and hoped Council would approve it. He
report e peo 'he knows phones as their primary telephone. He added
the e places o Pe ' yula where his service drops and stressed that cell phones are a
— lic- safety issue. I ,urge 'l installation of cell towers in non - intrusive ways.
Pau 'Boyle commenfo' i on smA -cell technology and noted that the Ordinance does not
addres- .this. He commiWited on the process and recommended that the City define the size of
box it waste and wirel0s carriers will follow it. He stated that they have been defined in
other Xlq'ons and Aommented on aesthetics.
Carver Chu, Crdt y stle, addressed small -cell technology solutions and stated the industry
would like to see 'e Ordinance embrace and encourage small -cell solutions. He provided a
PowerPoint presentation comparing standard installations with small-cell installations and
addressed differences in the scale of development for each.
Dean Brown, California Wireless Association, noted that wireless networks are currently
adapting to capacity demands due to an 1800% increase in traffic over the last four (4) years
and substantial projected increases over the next five (5) years. He stated that the first
section of the Ordinance should acknowledge the important role that wireless infrastructure
plays in the community related to the economy, job creation, productivity and public safety
and that it is a utility and should be permitted under similar requirements as electricity and
gas. He reported that additional sites are needed, especially in high- traffic areas and at peak
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January 14, 2014
hours and addressed the need for small-cells for capacity reasons. He commented on the
screening standards and noted making comments in recent correspondence. He addressed
undergrounding and noted the City's high water tables and a requirement to vent
underground vaults.
Jim Mosher commended staff for its work on this process and for not caving in to the demands
of the wireless industry. He pointed out that the process is still imperfect because there is a
class subject to zoning clearance and although there is an appeal period, the appellant would
not know of the decision within the time period to submit an,ppeal. Additionally, he
r
addressed requirements for submitting view simulations by th�pplicant and denying an
application based on impacts in the existing Ordinance but stgt'2d that language is vague in
the Ordinance being presented. He stated that one of J major complaints has been
regarding notice to the public and felt that it is still not ar enough within the proposed
Ordinance. .3r°
Hearing no further testimony, Mayor Hill claSbd the public
Responding to Council Member Gardner's in iiry on. He classification for t ` hotos shown in
Mr. Chu's presentation, Principal Planner bestated that they were co' ' tly described
in the presentation as a Class 2 or 3 facility no that it depends on, hether t ey are in the
.
public right -of -way or not. He reported that typiklly, an applicant will meet with staff to
discuss a proposal to be installe ,at a specific 1 tion, the applicant will submit an
application and depending on the sy it go before'G appropriate review authority. He
added that there are very stringent `'iEmirip straintsa� hat staff provides the analysis
and reports to the review authority, jtblic hea, notices kl go out and a public hearing
will be conducted and a decision made.He at t ff Will look for ways to screen the
antennas and that the .process will not tame addiional ti m se d on the class.
Assistant City AtV
being introduceds
that through this Cl
Staffs recom endat
,�:y.;Frd.... y
In fonse to Ma
pAs are significar
liar but the cost
vihill added tit the process is not complicated but that what is
hearing proces which is the concern of the industry. She added
the industry ii encouraged to design facilities that are small.
Wa e.publie Aparing process.
ating that the Zoning Administrator and Planning Commission
ex Principal Planner Campbell reported that the timeline is
He Qi Aed that cost has not been a significant factor according to
Council ber Petrosddressed appeals and views and noted that the distinction is not the
size of the' nice but rqther placement in the public right -of -way. He stated that there may
a:
be a need to r6kew thf issue and provide some regulation over access, maintenance, liability
and insurance. Odicated that as far as driving the industry, the government is usually
bad at choosing s and that what the City wants is to provide the broadest avenue so that
the consumer is the ultimate arbiter of the choice. He indicated that this is a fair amendment
which keeps the existing safeguards.
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City Council Minutes
January 14, 2014
Motion by Council Member Petros, seconded by Council Member Gardner to
introduce Ordinance No. 2014 -1, An Ordinance of the City Council of the City of Newport
Beach Repealing Chapter 15.70 of the Municipal Code and Adopting Zoning Code Amendment
No. CA2012 -004 Related to the Regulation of Wireless Telecommunications Facilities (PA2012-
057), 1) finding that the amendment is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15061(b)(3) of the CEQA Guidelines and 2) approving Code
Amendment No. CA2012 -004, and pass to second reading on January 28, 2014.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, May. - -Pro Tem Selich, Mayor Hill,
Council Member Curry, Council Member Henn
Recused: Council Member Daigle
tit' t
Rt`
XV. CURRENT BUSINESS p l t
15. PUBLIC MEETING ON THE RENEWAIfg %F T NEWPORTL ,CH TOURISM
BUSINESS IMPROVEMENT DISTRICTBTBIi [100 -20141
City Manager Kiff reported that Council has
item pertains to renewal of the NBTBID.
Council Member Henn commented "', corm
and indicated that is not mentioned
issue numerous times and noted this
the Arts Master Plan process
Public Information Manager Finniga2 _reported ,,the ma ter will be brought back to
Council at its next meeting with agree&ents fo Tie iB ^ nd for the extension of the TOT
agreement.
Mayor Pro Tem;e &1 ^ich comented on the possibility of suggesting other uses for the money
than the arts. )`.tated hat working wit the Coastal Commission Implementation Plan,
one of the issues co'' ns able hotel rtigms in the City. He indicated that it would be
appropri aide e ,t4 'woney for the arts, getting a head start on an
Coastal Commission is adamant about it and
be
Member Daigle , stated `'t she would appreciate a discussion of other uses and
d concerns wit., the creation of a money tax by having money from visitors going
the arts.
Jim Moshe?%mmentfd on Visit Newport Beach promoting the City, in general, as a
destination. H tote' that personally, he is not interested in having more people visit
Newport Beach ?hat he is not sure that any promotion is needed. He stated that the
TBID is a commerdial venture to book rooms using a fee to charge other guests at those hotels
and felt the government should not be involved in that function. He noted they had offered
$150,000 for the arts at Council's last meeting but that matter was not included in the
documents. Additionally, he stated they never agreed to that at a public meeting nor did they
supply the annual reports that they were supposed to supply. He added there are problems
with this organization and stated that if Council supports it, the idea of mingling it with Visit
Newport Beach is a terrible idea.
Motion by Council Member Curry, seconded by Council Member Petros to hold a
public meeting on the proposed renewal of the NBTBID.
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City Council Minutes
January 14, 2014
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Selich, Mayor Hill,
Council Member Curry, Council Member Henn, Council Member Daigle
XVI. MOTION FOR RECONSIDERATION - None
XVII. ADJOURNMENT - Adjourned at 8:33 p.m. in memory of Myrtle Cox
The agenda for the Regular Meeting was posted on January 9:2014, at 4:00 p.m. on the
City's website; on January 9, 2014, at 4:00 p.m. on the City HA
`Electronic Bulletin Board
located in the entrance of the City Council Chambers at t4ttiCivic Center Drive; and on
January 9, 2014, at 4:00 p.m. in the Meeting Agenda Bing loC�d in the entrance of the
City Council Chambers at 100 Civic Center Drive.',
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