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HomeMy WebLinkAbout09/12/2006 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 12, 2006 — 7:00 p.m. STUDY SESSION - 4:00 p.m. CLOSED SESSION - 6:20 p.m RECESS A. RECONVENE 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, Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Mayor Pro Tem. Rosansky E. INVOCATION - Pastor John Embree, Newport Harbor Lutheran Church F. PRESENTATIONS Proclamation for the 1st Baby Born in our New Century. Mayor Webb presented a proclamation to Taryn Graves recognizing and congratulating her for being the first baby born to Newport Beach parents in the beginning of the City's second 100 years, and giving her the title of New Centennial Baby. Centennial Committee Recognition. Recreation & Senior Services Director Knight and Mayor Webb recognized Janis Dinwiddie, Centennial Contract Administrator & Project Director, for her contributions to the City's Centennial celebrations. Additionally, Recreation & Senior Services Director Knight recognized Jan Webb, Pamela Curry, Sandy Nichols and Recreation Superintendent Andrea McGuire for planning the City's Birthday Cake celebration. Lastly, Recreation & Senior Services Director Knight recognized the Centennial Marketing Committee, which included Chair Ray Halowski, Chris Trela, Lisa Gorbaty, Marie Case, Lynn Splendid, Marilee Jackson and Matt Lohr. Mayor Webb presented certificates to each of those recognized. The City staff members were also recognized, with special recognition given to Ms. Knight herself. Presentation of Cultural Arts Grants. Kirwan Rockefeller, Chair of the City Arts Commission, presented the 2006 -2007 Cultural Arts Grants to Baroque Music Festival, Festival Ballet Theater, Newport Beach Film Festival, Orange County Museum of Art, Orange County's Pacific Symphony, Philharmonic Society of Orange County, South Coast Repertory, Southland Opera and STOP -GAP Theater. Presentation of Thermoplaques to Outgoing Board and Commission Members Volume 57 - Page 781 City of Newport Beach City Council Minutes September 12, 2006 Mayor Webb presented Certificates of Appreciation to Allen Doby and Tom Tobin, for their service on the Parks, Beaches & Recreation Commission, and to Larry Tucker for his service on the Planning Commission. 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 ITEM): Council Member Daigle announced that the Conference for Women presented by the City of Newport Beach would be taking place on September 21, 2006, at the Balboa Bay Club. She stated that more information can be obtained by contacting Janis Dinwiddie at (949) 548- 2411. Council Member Ridgeway announced that the new Newport Lexus dealership realized sales during their first month of operation in July of $14 million, and $16 million in August. He noted that they are on course to finish well ahead of their first year projection of $120 million. Council Member Ridgeway stated that building permit valuation per year for the past ten years has averaged $210 to $220 million, and announced that in fiscal year 2005106, there was over $300 million in construction activity in the City of Newport Beach. He stated that this represents a strong and vibrant community. Council Member Curry requested that staff report back to the City Council on the potential for developing hiking trails and access in the Buck Gully area. Mayor Pro Tem Rosansky announced that he attended the grand reopening of the new Fairmont Hotel, which underwent a $32 million renovation. He encouraged residents to recommend the hotel to visitors. Mayor Webb stated that he attended the League of Cities annual meeting the prior week and he reported on the four resolutions that were approved. Mayor Webb shared his thoughts regarding the 9/11 program he participated in at the American Legion the day prior. I. CONSENT CALENDAR NOTICE TO THE PUBLIC READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF AUGUST 22, 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. RESOLUTIONS FOR ADOPTION 4. RESOLUTION AUTHORIZING THE INSTALLATION OF STOP SIGNS AT THE INTERSECTIONS OF NEWPORT HILLS DRIVE Volume 57 - Page 782 City of Newport Beach City Council Minutes September 12, 2006 EAST AT PORT ALBANS PLACE AND NEWPORT HILLS DRIVE EAST AT PORT SEABOURNE WAY. [100 -2006] Item continued. CONTRACTS AND AGREEMENTS 5. SIDEWALK, CURB AND GUTTER REPLACEMENT FY05 -06 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3789). [381100 -2006] 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 6. BALBOA ISLAND BAYFRONT SIDEWALK AND DRAINAGE IMPROVEMENTS FY05 -06 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3796). [381100 -2006] 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 7. PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS (C- 3881). [381100 -2006] Authorize the Mayor to approve an agreement with Doty Bros. Construction Company for emergency underground utility repairs on an on -call basis. 8. PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS (C- 3882). [381100 -2006] Authorize the Mayor to approve an agreement with GCI Construction, Inc. for emergency underground utility repairs on an on -call basis. 9. PROFESSIONAL SERVICES AGREEMENT WITH MIKE KILBRIDE, LTD. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS (C- 3883). [381100 -2006] Authorize the Mayor to approve an agreement with Mike Kilbride, LTD. for emergency underground utility repairs on an on -call basis. 10. MORNING CANYON STABILIZATION - ADDITIONAL FUNDING REQUIRED FOR COMPLETION OF CONTRACT (C- 3517). [381100- 2006] Approve a budget amendment (07BA -15) in the amount of $96,556 from unappropriated General Fund Reserves for work completed to Account 7014- C5100805. 11. AMEND CONTRACT FOR NEWPORT COAST RESIDENTIAL REFUSE COLLECTION (C -3513) TO PROVIDE FOR A 6 -MONTH EXTENSION AND PREPARE A BID FOR FUTURE SERVICES (contd. from 8/22/06). [381100 -2006] Authorize a 6 -month extension for refuse collection with Waste Management of Orange County (WMOC) through June 30, 2007 and direct staff to develop specifications and solicit proposals for refuse collection services in the Newport Coast area. Volume 57 - Page 783 City of Newport Beach City Council Minutes September 12, 2006 12. CONTRACT FOR PURCHASEIINSTALLATION OF RUBBER PLAYGROUND SURFACING AT WEST NEWPORT PARK (C- 3884). [381100 -20061 1) Approve the contract with Safe Guard Surfacing for installation and materials for rubber surfacing at West Newport Park (WNP) in the amount of $33,991; and 2) authorize the Mayor and City Clerk to execute the contract. 13. SANTA ANA HEIGHTS PASSIVE PARK (UPPER BAY VIEW PARK). [381100 -20061 1) Reject bids for contract (C- 3787); and 2) direct staff to rebid the project after the City acquires the site from the County. MISCELLANEOUS 14. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY06 -07 EXPENDITURE ACCOUNTS. [100 -20061 Approve a budget amendment (07BA -013) to increase revenue estimates by $6,133.28 in Account No. 4010 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation). 15. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. 1100 -20061 Approve a budget amendment (07BA -014) to increase expenditure appropriations by $20,000 in Division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services. 16. BUDGET APPROPRIATION FOR THE CENTENNIAL. [100 -20061 Approve a budget amendment (07BA -016) to appropriate previously approved funds to the Centennial Celebration and revenues raised in this fiscal year by 1) increasing Expenditure Account No. 0129.8250 (City Centennial Account) by $350,000, and 2) increasing Revenue Account No. 0129 -5901 (Centennial Donations) by $237,000. 17. REVISED COST ESTIMATES FOR INITIATIVE REQUIRING VOTER APPROVAL OF MAJOR DEVELOPMENT OVER AS-IS CONDITIONS. [100 -20061 Receive and file. Motion by.. Mayor Pro Tem Rosa_n_sky_ to approve the Consent Calendar, except for the item removed (Item No. 3); and noting the continuance of Item No. 4. 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, Council Member Nichols J. ITEMS REMOVED. FROM THE.CONSENT CALENDAR 3. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF PORTIONS OF COURT AVENUE, 20TH STREET, 22ND STREET, 23RD STREET, WASHINGTON STREET, SELECTED PARKING LOTS, NEWPORT & BALBOA BEACHES AND PIERS AND PENINSULA PARK FOR THE Volume 57 - Page 784 City of Newport Beach City Council Minutes September 12, 2006 CENTENNIAL CELEBRATION, f100 -20061 City Attorney Clausen presented an amended resolution and noted that she is recommending that the City Manager be given the authority to close certain parking lots and other areas for a period from five days prior and three days after the event as needed. Recreation & Senior Services Director Knight highlighted the times and locations of the road closures, as provided in the resolution, and also listed the notification procedures that will be followed. She stated that a shuttle service will be provided and encouraged participants to use alternate forms of transportation to get to the event. Motion by Council Member Ridgeway to adopt Resolution No. 2006 -86, as amended. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Mayor Webb, Council Member Member Nichols K. PUBLIC HEARING Member Selich, Mayor Pro Tem Rosansky, Ridgeway, Council Member Daigle, Council 18. GENERAL PLAN UPDATE IMPLEMENTATION PROGRAM AND REVIEW OF GENERAL PLAN CORRECTIONS. (681100 -2006] Assistant City Manager Wood stated that the implementation program includes the goals and policies that will be used to implement the General Plan. Additionally, she stated that the staff report includes changes to the General Plan recommended by staff. Mayor Webb referred to Page 13 -46, Maintain and Improve Parks and Recreation Facilities, and confirmed with Assistant City Manager Wood that the wording for lighting impacts on adjacent habitat areas would be changed from "prevent" to "minimize" to be consistent with the General Plan. Mayor Webb opened the public hearing. Hearing no testimony, Mayor Webb closed the public hearing Motion by Mayor Pro Tem Rosansky to approve the Implementation Program of the updated General Plan and direct staff to make identified corrections to the adopted General Plan. 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, Council Member Nichols L. PUBLIC COMMENTS Chris Wynkoop thanked the City for being proactive with the erosion problem in the Volume 57 - Page 785 City of Newport Beach City Council Minutes September 12, 2006 Morning Canyon area Arnie Pike presented a copy of the letter that he sent to the City Manager regarding a problem with disabled parking on Balboa Island. He stated that when he spoke to someone at the City, he was warned that if he pursued the matter, disabled parking would be entirely removed from Balboa Island. Mr. Pike stated that he was prepared to take the matter to court, if necessary. City Manager Bludau and Public Works Director Badum reported on what action has been taken by staff, to date. Marilynn Pike, Arnie's wife, stated that the only handicapped parking space on Balboa Island has a curb that is too high for use by vehicles with wheelchair ramps. She also expressed her dissatisfaction with the threatening response from staff. M. ORAL REPORTS CITY COUNCIL ON COMMITTEE ACTI_VITIES Local Coastal Program Certification Committee. Council Member Ridgeway reported that the implementation plan is being redrafted, and the Committee will meet again when it is ready to review. Newport Coast Advisory Committee. Council Member Curry reported that the Newport Coast Advisory Committee met on September 11, 2006, and addressed the Newport Coast Community Center, parking limitations and fire access in cul -de -sacs, and the prolonged closure of Pelican Hills Drive. City Centennial 2006 Committee. Mayor Webb invited everyone to attend the "100 Years Between the Piers" event being held on October 8, 2006. City Council/Citizens Ad Hoc Committee for Marina Park Planning. Council Member Ridgeway reported that there is a plan for Marina Park that has been conceptually approved by Protect our Parks, the City's committee, the Girl Scouts and the American Legion Executive Committee and Board of Directors. He noted that the general membership of the American Legion will vote on the plan on September 13, 2006. Building Ad Hoc Conunittee. Council Member Ridgeway reported that the Committee met earlier in the day and is studying alternate sites in the Newport Center area for the location of a new City Hall. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR SEPTEMBER 7, 2006. [100 -2006] Planning Director Temple reported on the following Planning Commission items: Our Lady Queen of Angels Church Expansion (PA2005 -092) - 2046 and 2100 Mar Vista Drive; The Koll Company (PA2006 -095) - 4450 MacArthur Blvd.; and Planned Community Development Amendment No. 2006 -004 (PA2006 -173). Planning Director Temple noted that the Planning Commission's approval of the Our Lady Queen of Angels Church expansion does not automatically come before the City Council for approval, and that the deadline for filing an appeal is 5:00 p.m. on September 21, 2006. Council Member Daigle complimented the work done by the Planning Commission, staff and the applicant on the project. Volume 57 - Page 786 City of Newport Beach City Council Minutes September 12, 2006 O. CONTINUED BUSINESS 20. REQUEST TO CONSTRUCT NONSTANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 401 -407 EDGEWATER PLACE (contd. from 8/22/06). [100 -20061 Public Works Director Badum stated that the City Council considered the matter at their meeting held on August 22, 2006, and requested that property ownership be verified, and that the encroachment be modified to include a twelve -foot taper. He reported that the applicant has agreed to the modification and that it has been verified that the current owners of the property are not the same owners involved in a previous litigation issue. Motion by Council Member. Ridgeway to approve the owner's request to construct non - standard encroachments, which include, but are not limited to, installing a not to exceed three feet in height wooden fence and appurtenances four feet into the Edgewater Place public right -of -way adjacent to the properties located at 401 -405 and 407 Edgewater Place; removing the existing concrete sidewalk; and planting ground cover inside the encroachment area; and direct staff to process an encroachment permit and prepare an encroachment agreement for these non- standard encroachments. 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, Council Member Nichols 21. REQUEST TO CONSTRUCT NONSTANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY AT 3431 OCEAN BOULEVARD. [100 -20061 Public Works Director Badum stated that the City Council addressed the matter at its June 13, 2006, meeting and, at that time, staff felt that the extent of the improvements were more than should be allowed. He reported that a compromise has since been agreed upon by the applicant. He provided several clarifications in response to questions of the Council Members. Council Member Nichols stated that the retaining wall is visible from the sidewalk, that the cutback is excessive and he is not in favor of it. Mayor Pro Tem Rosansky stated that he also is not in favor of approving the encroachment. Council Member Daigle stated that she has visited the site and there is not a visual impact from Inspiration Point. Council Member Selich stated that he is not in favor of approving further encroachments at the site. Motion by Council Member Nichols to deny the owner's request for an expansion of the existing encroachments in the public right -of -way. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Volume 57 - Page 787 City of Newport Beach City Council Minutes September 12, 2006 P. Mayor Webb, Council Member Ridgeway, Council Member Nichols Noes: Council Member Daigle 22. CITYWIDE WAYFINDING & DIRECTIONAL SIGNAGE PROGRAM. [100- 20061 Council Member Ridgeway acknowledged the history involved in the development of the signage program and complimented the program under consideration at the current meeting. Motion, by_ Council Member Ridgeway to approve final design and direct staff to begin implementation/construction of Citywide Wayfinding & Direction Signage Program. Gary Sherwin, President of the Conference & Visitors Bureau, stated that it's a remarkable time for Newport Beach, in terms of tourism and the newly renovated hotels in the area. He stated that the signage program will be a part of the quality that Newport Beach offers as a destination. Council Member Selich asked for the rationale for the signs on Jamboree Road near Bayview Way and on MacArthur Boulevard at Bison Avenue. It was explained that they have been placed at the best locations possible to serve as gateway signs. Council Member Nichols expressed his opinion that the signs are too big. He specifically noted the impact the sign across from Sherman Gardens will have. In response to Mayor Webb's question, Community & Economic Development Program Manager Berger stated that complaints were received about one of the signs, and explained that it was a sign on Marguerite Avenue and the complaints were from residents regarding the reflections on the back of the sign. He stated that the matter has been addressed, and that complaints were not received about any of the signs on the arterial streets. Mayor Webb confirmed that residents will be given the opportunity to object to the placement of new signs in the future. 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 Noes: Council Member Nichols 23. ADOPTION OF NEIGHBORHOOD TRAFFIC MANAGEMENT POLICY. [100- 20061 City Manager Bludau stated that the matter was reviewed by the City Council at the Study Session held on August 22, 2006. Motion by Council.. Member Ridgeway to adopt City Council Policy L -26, Neighborhood Traffic Management Policy. Council Member Nichols stated that some of the calming measures will redirect traffic and cause problems in other areas. Mayor Webb stated that the proposed program allows for that consideration to be made. Volume 57 - Page 788 City of Newport Beach City Council Minutes September 12, 2006 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 Abstain: Council Member Nichols 24. COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE REGARDING ISSUES WITHIN OR ADJACENT TO THE CITY S SPHERE OF INFLUENCE ("SPHERES ISSUES') (C- 3885). (381100 -20061 Motion by Council Member__Dagle to continue the item to a City Council meeting to be held on September 19, 2006, at 7:00 p.m. 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, Council Member Nichols Q. MOTION FOR RECONSIDERATION - None R. ADJOURNMENT - at 8:55 p.m. to 7:00 p.m. on September 19, 2006, and in memory of those that lost their lives on September 11, 2001, particularly safety personnel. The agenda for the Regular Meeting was posted on September 6, 2006, at 4:05 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. . SME L WIVI I ma / City Clerk Recording Secretary Mayor Volume 57 - Page 789