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Home My WebLink About08/08/2006 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 8, 2006 — 7:00 p.m. STUDY SESSION - Cancelled CLOSED SESSION - 6:00 p.m. A. RECESSED, AND.RE.CONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Excused: Council Member Nichols C. CLOSED_SESSION REPORT City Attorney Clauson reported that the City Council approved a settlement in the amount of $75,000 to be paid to the City due to a delayed delivery of fire trucks. Secondly, the City directed outside legal counsel to prepare a petition and meet with the City Council at their next meeting for a determination on the filing of a petition to challenge a project at 2323 Main Street in the Irvine Business Complex. D. PLEDGE OF ALLEGIANCE - Council Member Daigle E. INVOCATION - Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist F. PRESENTATIONS Bicycle Awareness Day Proclamation. Mayor Webb and Council Member Daigle acknowledged the accomplishments of those cyclists who reside in Newport Beach and have excelled in their sport. The athletes included Malcolm Hill, Steven Strickler, Ruth Clemence, Linda Schnepf, Richard Meeker, Ken Fuller and Roger Young. Each received a proclamation from the Mayor proclaiming August 8, 2006, as Bicycle Awareness Day in Newport Beach. Newport Beach Sister City Association - Youth Summit Representatives. Karen Evarts, former President of the Newport Beach Sister City Association, introduced Katherine Hoffman and Michael Ford, who along with Michelle Atkins represented the City in Washington D.C. in July at the Youth Summit on Global Citizenship. She provided general information on the Sister City program, and Ms. Hoffman and Mr. Ford shared their experiences from the trip. Centennial Sponsor Presentation. Dayna Pettit presented checks from the Downtowr Balboa Business Improvement District, Dayna & Bob Pettit and Leo Gugasian for the 100 Year: Between the Piers event to be held on October 8, 2006, and announced that a total of $700,00( has been raised. Additionally, she acknowledged Recreation Services Director Marie Knight anc her staff for their efforts with the Centennial events. She also announced that a dinner am dance event with Les Brown & Band of Renown would be held on October 6, 2006, at the BalhoE Volume 57 - Page 763 City of Newport Beach City Council Minutes August 8, 2006 Pavillion. G. NOTICE. TO THE PUBLIC H. CITY COUNCIL. ANNOUNCEMENTS OR MATTERS WHICH. COUNCIL_MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEMI: Council Member Ridgeway requested that the study on a parking structure in Balboa Village, which he requested at a previous City Council meeting, be presented at the August 22, 2006, Study Session. Mayor Webb announced that there are 24 days until the City's 100th birthday; and he shared a "Centennial moment ". I. CONSENT CALENDAR READING OF MINUT S OR AND RESOL UTIONS I. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 25, 2006. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTION FOR ADOPTION 4. PLANNED COMMUNITY DEVELOPMENT AMENDMENT NO. 2006 -004 (PA2006 -173). [100 -2006] Adopt Resolution No. 2006 -83 initiating the Planned Community Development Amendment No. 2006 -004 to decrease the maximum dwelling units (48) in Planning Area 5 to be consistent with number of lots (47), and to prohibit any further subdivisions. CONTRACTS AND AGREEMENTS 5. NEWPORT RIDGE PARK OPERATING AGREEMENT (contd. from 6/27/06). [100 -2006] Continue indefinitely. 6. NEWPORT COAST COMMUNITY CENTER AND SANTA ANA HEIGHTS FIRE STATION - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON AND ASSOCIATES (C- 3875). [381100 -20061 Approve a Professional Services Agreement with Leighton and Associates of Irvine for professional engineering services at a not to exceed price of $114,406 and authorize the Mayor and the City Clerk to execute the Agreement. ASBS PROTECTION PROGRAM: CROSS CONTAMINATION STUDY - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. (C- 3871). [381100 -20061 Approve a Professional Services Agreement with Everest International Consultants, Inc. (Everest) of Long Beach for a study on potential pollutant impacts from Newport Bay at a not to exceed price of $134,214 and authorize the Mayor and the City Clerk to execute the Agreement. 8. NEWPORT COAST AND LAGUNA BEACH AREA OF SPECIAL BIOLOGICAL Volume 57 - Page 764 City of Newport Beach City Council Minutes August 8, 2006 SIGNIFICANCE: SURVEYS OF PUBLIC USE, BIOLOGICAL RESOURCES AND PILOT RENOVATION PROGRAM - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS (C- 3870). [381100 -20061 Approve a Professional Services Agreement with Weston Solutions (Weston) of Carlsbad for surveys of public use, biological resources and the pilot renovation program at the Areas of Special Biological Significance along Newport Coast and Laguna Beach at a not to exceed price of $174,736 and authorize the Mayor and the City Clerk to execute the Agreement. MISCELLANEOUS 9. PENINSULA POINT ENCROACHMENT SURVEYING. [100 -20061 Approve a budget amendment (07BA -005) in the amount of $18,456 from the unappropriated Oceanfront Encroachment funds for a boundary and topographic survey of structures encroaching beyond private property on to the ocean front beach. 10. TASTE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT PERMIT. [100 -20061 Conditionally approve the request of the Newport Beach Chamber of Commerce for the installation of 254 banners from August 21, 2006 to September 20, 2006 for the annual Taste of Newport (installation shall be along Jamboree Road, MacArthur Boulevard, Westcliff Drive, San Joaquin Hills Road, Newport Center Drive East/West, Newport Center Drive, Coast Highway and Newport Boulevard). S16. THE MCFADDEN SQUARE CENTENNIAL LEGACY PROJECT. [100 -20061 Approve the concept of the McFadden Square Centennial Legacy project and authorize Fundraising Chairman Bernie Svalstad to raise funds for the project. S17. AUTHORIZATION TO ENTER INTO CONTRACTS WITH THE STATE WATER RESOURCES CONTROL BOARD FOR TMDL- RELATED WATER QUALITY STUDIES, INCLUDING METALS, ORGANICS AND OTHER CONTAMINANTS OF CONCERN (C- 3817). [381100 -20061 1) Adopt Resolution No. 2006 -84 authorizing the City Manager to enter into Water Quality Studies relating to Newport Bay's TMDLs, including specifically a $90,000 (with another $10,000 contingency authorization) for a Metals - related Storm Drain Study with the State Water Resources Control Board; and 2) approve a budget amendment (07BA -006) accepting $90,000 from the State Board for the Metals - Related Storm Drain Study. Motion by Mayor Pro Tern Rosansky to approve the Consent Calendar except for the item removed (Item No. 3). The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Absent: Council Member Nichols J. ITEMS REMOVED FROM THE CONSENT CALENDAR 3.. CABLE TELEVISION: ORDINANCE ADOPTING A FRANCHISE AGREEMENT WITH COX COMMUNICATIONS. [421100 -20061 Dolores Otting asked how the money received from the cable companies would be spent and if the Cox Communications facility would be moved closer to the City. City Manager Bludau stated that the money would be spent for cable TV services Volume 57 - Page 765 City of Newport Beach City Council Minutes August 8, 2006 K. L. m N or benefits, or governmental programming. Motion by.C.ouncil Member Curry to adopt Ordinance No. 2006 -20 relating to the adoption of a Cable Communications Franchise Agreement with Cox Communications. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Absent: Council Member Nichols PUBLIC COMMENTS Dolores Otting asked what will happen to Greenlight and the cumulative totals if the proposed General Plan is adopted, and stated that these issues were not addressed in the Environmental Impact Report (EIR). Secondly, she stated that there is a high -end alcohol and drug rehabilitation home in the Spyglass area, and that she has asked City staff to look into it. City Attorney Clauson stated that the City's website contains information regarding rehabilitation homes and the City's limited authority. In regard to the General Plan, City Attorney Clauson stated that if the land use map is approved by the voters, it would become the standard by which future development would be measured. She confirmed that it would not take away from the power of Greenlight. Assistant City Manager Wood added that staff will also continue to track developments for the cumulative analysis. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Media & Communications Committee. Council Member Daigle reported that the Committee is evaluating applications for Wi -Fi. Local Coastal Program Certification Committee. Council Member Ridgeway announced that the Committee is meeting on August 14, 2006, at 3:00 p.m. to review the implementation plan. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 11. PLANNING COMMISSION AGENDA FOR AUGUST 3; 20.06. [100 -2006) Planning Director Temple reported on the following Planning Commission items: D'Amato Residence (PA2004 -189); Herbst Residence (PA2006 -114) - 1710 E. Bay Avenue; and Yu -Chien Liao (PA2005 -292) - 15 Vista Tramonto. CONTINUED BUSINESS 12. SCHEDULED VACANCY ON THE PLANNING COMMISSION APPOINTMENT. [100 -20061 Mayor Webb announced that the three nominees for the scheduled vacancy on the Planning Commission are Tim Brown, Aline Kradjian and Scott Peotter. The Council Members voted by paper ballot. City Clerk Harkless announced that Council Members Curry, Selich, Ridgeway and Daigle voted for Scott Peotter, and that Mayor Pro Tem Rosansky and Mayor Webb voted for Tim Brown. She announced that Scott Peotter would fill the vacancy for a term expiring June 30, 2010. Volume 57 - Page 766 City of Newport Beach City Council Minutes August 8, 2006 13. UNSCHEDULED VACANCY ON THE BOARD OF LIBRARY TRUSTEES - APPOINTMENT. [100 -2006) Mayor Webb announced that the two nominees for the unscheduled vacancy on the Board of Library Trustees are John Moftakhar and Stephanie Murguia. Motion by_ Council Member Daigle to reconsider the nominations to add a third nominee. City Attorney Clauson stated that if the motion passes, the nominations would be confirmed at the City Council meeting of August 22, 2006, and the appointment made on September 12, 2006. She stated that another option would be to include in the motion a waiver of the two week time period, which would set the appointment for the meeting of August 22, 2006. The motion failed by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Council Member Daigle Noes: Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway Absent: Council Member Nichols The Council Members voted by paper ballot. City Clerk Harkless announced that Council Members Selich, Ridgeway and Daigle, and Mayor Pro Tem Rosansky voted for Stephanie Murguia, and that Council Member Curry and Mayor Webb voted for John Moftakhar. She announced that Stephanie Murguia would fill the vacancy for a term expiring June 30, 2009. O. CURRENT BUSINESS 14. NAUTICAL MUSEUM ORAL PRESENTATION. [100 -2006) David Muller, Executive Director of the Newport Harbor Nautical Museum, announced that the renderings for the new museum have been completed and that he is pleased to introduce them to the community. He pointed out that it is a conceptual program. Using a PowerPoint presentation, Mr. Muller displayed a 1916 photo of the Fun Zone, as well as a photo of the museum's current location aboard the Pride of Newport. He stated that the museum acquired the Fun Zone in December of 2005 and that the goal is to create a renowned destination that serves and enriches the local community and Southern California. Specifically, he stated that the goals of the museum are to educate, inspire, beautify and preserve. He also displayed the museum's mission and he listed the reasons why a new museum is needed. Mr. Muller displayed a map of the current uses at the Fun Zone site, which is bordered by the bay, Palm Street, East Bay Avenue and Washington Street, and is approximately 34,000 square feet. He then displayed the proposed site plan for the new museum. He also displayed an artist's rendering of the museum concept and how the area would look after the new museum is built. Mr. Muller displayed artist renderings of the activities courtyard, the education center, the exhibition/sportfishing /mezzanine area, and the exhibition area/transpac gallery. He listed and described some of the proposed programs for the museum. Council Member Ridgeway stated that the museum is an intrigal part in fulfilling the Volume 57 - Page 767 City of Newport Beach City Council Minutes August 8, 2006 dream of revitalizing the Balboa Village area, and will be a world class destination. He complimented the concept. Council Member Curry agreed and also complimented the proposal. 15. COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE AND ORANGE COUNTY DEVELOPMENT AGENCY REGARDING ISSUES WITHIN OR ADJACENT TO THE CITYS SPHERE OF INFLUENCE ( "SPHERES ISSUES' ). [100 -2006] Motion by Council Member Ridgeway to continue the item. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Absent: Council Member Nichols P. MOTION FOR-RECONS.IDERATION - None Q. ADJOURNMENT - at 8:20 p.m. in memory of Kevin Russell. The agenda for the Regular Meeting was posted on August 2, 2006, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on August 4, 2006, at 11 :35 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ' / I City Clerk 0� ,t �� -.� Recording Secretary Mayor Volume 57 - Page 768