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