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HomeMy WebLinkAbout11/28/2006 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 28, 2006 — 7:00 p.m. STUDY SESSION - Cancelled A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Excused: Council Member Curry C. CLOSED SESSION REPORT City Attorney Clauson announced that the City Council authorized the City Attorney to enter into a settlement agreement with the City of Irvine for the ultimate dismissal of the CEQA challenge to the 2323 Main Street Project upon Irvine rescinding all project approvals. D. PLEDGE OF ALLEGIANCE - Council Member Nichols E. INVOCATION - Reverend Robert Jordan Ross, Newport Universalist Society F. PRE_ SENTATIONS Grand Jury Recruitment Presentation - Judge Peter Polos discussed the duties, responsibilities, and benefits of serving on the Grand Jury. Operation Christmas 2006 Presentation by Brad White, National Chairman, Yellow Ribbon America - City Clerk Harkless announced that people can bring unwrapped toys for military children, or new or used DVDs for the. troops to City Hall on December 14 from 10 a.m. to 11 a.m. She also announced that people can bring these items to the City Clerk's office until December 20 and that Operation Christmas will have a booth and Humvee at the Winter Wonderland Event on Saturday, December 9. Brad White, State Christmas Committee, announced that more information can be found at www.yellowribbonamerica.org. Friends of the Library Presentation of Check - Martin Flink, President of the Friends of the Newport Beach Library, presented Karen Clark, Vice Chair of the Board of Library Trustees, with a check for $158,550. Bayview Landing Senior Apartments Award - Program Manager Trimble displayed the Project of the Year Award from the Related Companies for the Bay-view Landing Senior Apartments Project. 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 Volume 57 - Page 858 City of Newport Beach City Council Minutes November 28, 2006 REPORT .(NON- DISCUSSION ITEM): Council Member Nichols indicated that the neighbors on Ocean Front were disappointed that there was no Study Session tonight to discuss evening parking permits. Council Member Daigle announced that she attended the Corona del Mar Marian Bergeson Pool Refurbishment Committee meeting and that they will be holding a fundraiser on March 3 at the Pacific Club. She noted that the City is already going to contribute, but people can get more information about the efforts by going to www.odmpool.org. Mayor Webb announced that he will be asking Council to adjourn tonight's meeting to Monday, December 11 at 6 p.m. to hold the swearing -in ceremony and to recognize the outgoing Council Members. City Attorney Clauson confirmed that this would require a motion at the end of the meeting. I. CONSENT_CALENDAR READING OF MINUTESCORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF NOVEMBER 14, 2006. [100 -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. ORDINANCES FOR ADOPTION 3. CODE AMENDMENT 2006 -006 - MARINE CHARTER LAND USE AND PARKING REGULATIONS (PA 2006 -194). [100 -20061 Adopt Ordinance No. 2006 -24 approving Code Amendment No. 2006 -006 revising land use regulations and parking requirements for marine charters. 4. CODE AMENDMENT 2006 -005 - GROUP RESIDENTIAL FACILITIES (PA 2006- 198). 1100 -20061 Adopt Ordinance No. 2006.25 approving Code Amendment No. 2006- 005 revising regulations relating to Group Residential Facilities. CONTRACTS AND AGREEMENTS 5. AMENDMENT NO. 1 TO AGREEMENT NO. D98 -096 WITH COUNTY OF ORANGE FOR THE IRVINE AVENUE ROADWAY WIDENING PROJECT FROM SOUTH BRISTOL STREET TO MESA DRIVE (C- 3411). 1381100 -20061 Approve Amendment No. 1 to Agreement No. D98 -096 with the County of Orange for additional responsibilities and cost sharing for the Irvine Avenue Widening project from South Bristol Street to Mesa Drive. 6. MEMORANDUM OF UNDERSTANDING (MOU) WITH THE PELICAN POINT COMMUNITY ASSOCIATION (C- 3904). [381100 -20061 Approve the MOU with the Pelican Point Community Association to include the Association under the City's ocean discharge exception application to the State Water Resources Control Board to allow storm water discharge to Areas of Sensitive Biological Significance and authorize the Mayor, City Attorney and City Clerk to sign the MOU. MISCELLANEOUS Volume 57 - Page 854 City of Newport Beach City Council Minutes November 28, 2006 10. SANTA ANA RIVER VISION PLAN - ADVISORY COMMITTEE FORMATION (contd. from 11/14/06). 1100 -20061 1) Adopt Resolution No. 2006 -100 establishing the Santa Ana River Advisory Committee; 2) appoint the proposed list of organizations and their designated representatives to the City's Santa Ana River Advisory Committee; 3) designate Mayor Pro Tem Rosansky to chair.the committee; and 4) accept a $5,000 grant from The Wildlands Conservancy to begin work on a vision document. 11. PURCHASE OF PLAYGROUND EQUIPMENT AT MARINERS PARK. 1100 -20061 Approve the purchase of Landscape Structures Play Equipment in the amount of $56,651.83, which will be funded through the State of California 2002 Resource Bond Act. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 2006/07. 1100 -20061 Approve a budget amendment (07BA -028) to increase revenue estimates by $158,550 in Account No. 4091 -5892 (Friends of the Library Donations), and increase maintenance and operations expenditure estimates by $155,550 in Division 4091, Friends, and $3,000 in Division 4060, Literacy. Motion by Mayor Pro Tem Rosansky to approve the Consent Calendar, except for those items removed (7, 8 and 9). The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry J. ITEMS REMOVED FROM THE CONSENT CALENDAR BAY AVENUE AREA DRAINAGE IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3695). (381100 -20061 Council Member Ridgeway asked if the City has a penalty clause against the contractor for being unresponsive. Public Works Director Badum explained that the contractor could not handle the project and that the City Attorney's office has determined that it is not in the City's best interest to pursue liquidated damages. Motion by Council Member Ridgeway to 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. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry 8. FIRE STATION NO. 6 GENDER MODIFICATIONS AND POLICE DEPARTMENT BUILDING MODIFICATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3640).. 1381100 -20061 Council Member Ridgeway asked why the City did not impose liquidated damages on the contractor. Public Works Director Badum noted that the Fire Station project was behind Volume 57 - Page 855 City of Newport Beach City Council Minutes November 28, 2006 schedule due to changes that were made to the plans; however, he confirmed that there were also issues with the contractor and staff does not recommend that this contractor do work for the City again. He added that another problem was that the replacement job superintendent was not suited for the job. He stated that staff did conduct a reference check and reported that the contractor had successfully completed a project in Begonia Park in the past. He confirmed that the City can take the next bidder if it is determined that the company is not responsible. He reported that the staff report documents all the issues so it can be referred to so the contractor can be disqualified from future projects. Motion by Council Member Ridgeway to 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. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem. Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry 9. BACK BAY SCIENCE CENTER - APPROVAL OF AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENT WITH DOUGLAS E. BARNHART (C- 3460), RON YEO (C- 3481), AND GAIL P. PICKART (C- 3481). [381100 -2006] Public Works Director Badum indicated that the Department of Fish and Game recommended that no construction occur in the vicinity of the osprey nest until the two osprey were able to fly from the nest. He noted that they resumed work when this was possible, but there were costs associated with the delay. Council Member Selich referenced Exhibit A and noted that Barnhart's supervisor and project manager were paid for the 15 weeks the project was not ongoing. Public Works Director Badum indicated that they were still working on the project, just not doing construction duties, and that they could not be rescheduled to other jobs because it was uncertain when this project would start-up again. Further, the project manager was assigned specifically to this project. He clarified that the cost is 70% of the actual cost. Council Member Ridgeway took issue with the architect charging the City more money during the delay when his costs should not change. He suggested continuing this item in order to justify the cost increases. Motion by Council Member Ridgeway to continue this item to a future meeting in order to get clarification relative to the costs. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Noes: Mayor Webb Absent: Council Member Curry K. PUBLIC HEARING 13. DAVID F. WILHELM MEDICAL OFFICE - 2382 BRISTOL STREET - APPEAL OF PLANNING DIRECTOR USE PERMIT NO. 2006 -021, REQUESTING TO Volume 57 - Page 856 City of Newport Beach City Council Minutes November 28, 2006 CONVERT 2,625 SQUARE FOOT OFFICE AREA TO MEDICAL OFFICE USE WITHIN AN EXISTING 10,500 SQUARE FOOT OFFICE BUILDING COMPLEX (PA2006 -198). [100 -2006] Senior Planner Ung reviewed the staff report and reported that the property is legal non- conforming since the County issued a permit without requiring the additional parking spaces. She noted that the Planning Commission disagreed with the Planning Director's determination. She stated that the applicant is proposing to add two parking spaces which would increase the spaces to 47, when 48 spaces are required. Council Member Selich referenced Section B -2 of the Specific Plan and believed that this gives the authorizing body a lot of flexibility. However, the residents believe that Section E -2 prohibit any use that is not a permitted use. City Attorney Clauson indicated that she does not disagree with Council Member Selich's analysis that, since the Planning Commission has the discretion to determine whether the project meets the intent of this Section, then medical offices are a permitted use. In response to Council questions, City Attorney Clauson pointed out that there are no other Professional and Administrative Office (PA) zones in the City and confirmed that medical uses are permitted in office spaces. She agreed that PA zones are comparable to offices. She further confirmed that the City Council can allow a medical use through the use permit process and condition it so only a certain number of employees are working at a time. In response to Council questions, Senior Planner Ung reported that there are two buildings on site and each have two condominium ownerships that share the parking lot. She noted that the increased number of parking spaces will still be shared commonly. Mayor Webb opened the public hearing. David Wilhelm, applicant, and his architect, Nile Saunders, utilized a PowerPoint presentation to show how the increased parking spaces will be reached through restriping of the lot and reported that the doctor only sees about 15 to 18 patients a day. Mr. Saunders confirmed that they will be redoing the handicap spaces because they do not currently comply and that the other condominium owners signed an agreement to share the parking lot. He discussed the difficulty of driving through the neighborhood to get to the office and noted that their trip generation is less than a normal office buildings trip generation. Dr. Wilhelm indicated that the proposed staff condition is restrictive, but he is not opposed to it. Greg Carroll, Vice Chairman of the Project Advisory Committee, presented a letter and expressed their objection to the project. He also took issue with the impact it would have on the area since they already have a traffic problem. He supported the staffing condition but expressed concern about future uses at the site. He agreed with the Planning Commission's decision. City Attorney Clauson confirmed for Mayor Webb that, if the property is sold, the conditions placed on the property transfers to the next owner and they would need to come in and request an amendment to change it. Hearing no further testimony, Mayor Webb closed the public hearing. Council Member Selich indicated that he recommends conditioning the use to one dentist, two hygienists, and support staff at one time. Further, he supports the increased parking spaces as proposed by the applicant. He noted that the medical use would only Volume 57 - Page 857 City of Newport Beach City Council Minutes November 28, 2006 generate 40 trips/day, while office use would generate 56 trips/day. Motion by Council Member Daigle to affirm the decision of the Planning Commission and approve Use Permit No. 2006 -021 by adopting Resolution No. 2006 -101 with the condition that there can only be one dentist, two hygienists, and support staff working at one time and to increase parking as proposed by the applicant. Council Member Ridgeway stated that the only three parcels that are PA are in this area, and asked that staff look into this if there are any ambiguities. Mayor Webb indicated that he visited the site and there were always empty parking spaces. He requested that staff come back with clarification so this type of interpretational problem doesn't come up again. In response to Council Member Selich's question, Public Works Director Badum indicated that street alignment studies have not been conducted in this area, but this may be looked at in the future to determine what types of traffic volumes are occurring. Mayor Webb believed that the study should also look at the lunch hours. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry L. PUBLIC COMMENTS Lori Morris requested that Council do something about the rehabilitation facilities on the Peninsula and invited Council to the West Newport Homeowners Association meeting tomorrow at 7 p.m. She questioned why the City cannot control the facilities when the City of Irvine has the ability to control, monitor, and stop them from going into their city. Denys Oberman stated that the State indicated that local governments can regulate rehabilitation facilities, plus there is case law that controls campuses. She expressed concern that her area has increasingly become transient and that this is inconsistent with the City's General Plan. She submitted photos and suggested that Council visit her neighborhood at 6:30 a.m. and 9 p.m. Ken Kuhlman indicated that there are 100 rehabilitation facilities in the West Newport area and there are parties in the area every day during the summer. He stated that the neighbors are going to find out who owns the facilities and will pursue the matter further. Council Member Daigle reported that the City is trying to better this situation. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Motion by Council Member Ridgeway to waive any committee reports by the City Council. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR NOVEMBER 16, 2006. (100 -2006] Volume 57 - Page 858 City of Newport Beach City Council Minutes November 28, 2006 19 Interim Planning Director Lepo reported on the following Planning Commission items: Newport Beach Brewing Company (Use Permit No. 3485) - 2920 Newport Boulevard; Newport Bay Marina (PA2001 -210) - 2300 Newport Boulevard; Thirty First Street, LLC (PA2006 -031) - 407, 409, 411 and 413 31st Street; Hoag Healthcare Center - 500 -540 Superior Avenue; and Code Amendment 2006 -007 - Day Care Regulations. In response to Council Member Selich's question regarding PA2006 -031, Interim Planning Director Lepo discussed the measures to mitigate noise between Woody's Wharf and residents. 15. DEVELOPMENT REVIEW, PLAN CHECKING AND PLANNING DEPARTMENT OPERATIONS STATUS REPORT. 1100 -20061 Without objection, it was the consensus of the City Council to receive and file the report. 16. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. [100 -20061 M2tlon by Mayor Pro Tern Rosansky to 1) declare a vacancy on the Planning Commission due to the election of Michael Henn as the District 1 City Council Member; 2) confirm the Mayor's appointment of Mayor Webb, Mayor Pro Tem Rosansky, and Council Member Selich to serve on the Ad -Hoc Appointments Committee; and 3) direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Thursday, December 21, 2006, and schedule the submission of the nominations to the Council on January 9, 2007 with the final appointment to be made on January 23, 2007. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry Council Member Nichols received confirmation that the Planning Commissioner does not have to live in District 1. 17. APPEAL PROCEDURES. 1100.20061 Motion by Council Member Ridgeway to adopt Resolution No. 2006 -102 initiating an amendment to Title 20 of the NBMC to revise procedures relating to the initiation of appeals by City Council Members. Mayor Pro Tem Rosansky believed that two or more Council Members should be required to appeal an item. Mayor Webb agreed with Mayor Pro Tem Rosansky. Council Members Selich, Nichols, and Ridgeway agreed with changing it back to how appeals were originally handled. Council Member Daigle believed that anything less than four Council Members is progress, but could support requiring two Council Members. Substitute motion by Mayor Pro Tern Rosansky to adopt Resolution No. 2006 -102 initiating an amendment to Title 20 of the NBMC to revise procedures relating to the initiation of appeals by City Council Members, but require that two Council Members be required to appeal an item. The substitute motion failed by the following roll call vote: Volume 57 - Page 859 City of Newport Beach City Council Minutes November 28, 2006 Ayes: Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle Noes: Council Member Selich, Council Member Ridgeway, Council Member Nichols Absent: Council Member Curry The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Noes: Mayor Pro Tem Rosansky, Mayor Webb Absent: Council Member Curry 18. INDEMNIFICATION FROM. THIRD PARTY CHALLENGES TO CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATIONS AND OTHER DISCRETIONARY APPROVALS. [100 -20061 City Attorney Clauson provided the staff report and confirmed that this gives authority to the approving body to include a condition of approval that requires indemnification if it is advisable to do so. She stated that this would have to be part of the project approval process. Motion by Council Member Ridgeway to introduce Ordinance No. 2006 -26 and pass to second reading on December 12, 2006. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry 19. PURCHASE OFFICE TRAILERS. 1100 -20061 Public Works Director Badum utilized a PowerPoint presentation to show the working conditions in the Planning and Public Works Departments, and to discuss alternatives staff considered in addition to trailers, the cost of the trailers, and the potential locations of the two trailers. In response to Council questions, City Manager Bludau explained the benefits of placing the trailers on the City Hall campus and not at the City Yard. Public Works Director Badum reported that the Public Works Inspectors park their personal vehicles at the Utilities Yard and then pick up their City vehicle. He emphasized the importance of the working relationship between the inspectors and Public Works staff on Capital Improvement Projects. He confirmed that the trailers will be used by Public Works Inspectors and Planning staff. He indicated that they prefer Plan A or Plan B. Mayor Webb indicated that he could support Plan B or Plan C. Council Member Ridgeway believed that there are some benefits to having Planning staff located as indicated in Plan D. Mayor Webb suggested that staff decide on the best plan between Plan B, Plan C, and Plan D, and let Council know what it recommends. Motion by Council Member Ridgeway to 1) approve a budget amendment (07BA -027) transferring the amount of $75,000 from the unappropriated General Fund to Account No. 5100 -9400; 2) approve a budget amendment (07BA -027) transferring the amount of $75,000 from the unappropriated General Fund to Account No. 2710 -9400; 3) approve the purchase of two (2) 24' x 40' office trailers from Modular Structures International at a cost Volume 67 - Page 860 City of Newport Beach City Council Minutes November 28, 2006 not to exceed $94,242; and 4) allow staff to decide on the location of the trailers based on staff efficiency. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Abstain: Council Member Nichols Absent: Council Member Curry P. MOTION FOR RECONSIDERATION - None. Mayor Webb suggested that the meeting be adjourned to Monday, December 11 at 6 p.m. to hold the swearing -in ceremony and recognize the outgoing Council Members. Motion by Council Member Ridgeway to have the swearing -in ceremony at the regular meeting on December 12. Motion died for lack of a second. Q. ADJOURNMENT - Adjourned at 9:13 p.m. to Monday, December 11, at 6:00 p.m. The agenda for the Regular Meeting was posted on November 22, 2006, at 12:18 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk i l/ I Recording Secretary C-AL2, Mayor Volume 57 - Page 861