The URL can be used to link to this page

Home My WebLink About02/28/2006 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 28, 2006 — 7:00 p.m, - 4:00 p.m. CLOSED SESSION - None A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tom Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Curry E. INVOCATION - Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist F. PRESENTATIONS - None 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 Council Member Curry requested a Measure M reauthorization discussion on the March 14 agenda. Mayor Pro Tem Rosansky announced that this year's Relay for Life will be held on May 20 to May 21 and that the Newport Beach Film Festival will be held from April 20 to April 30. Mayor Pro Tem Rosansky announced that staff will be conducting a survey of ocean front properties to determine which properties are encroaching onto the beach and which properties aren't paying the encroachment fee. Mayor Webb displayed a photo in which the 1st Battalion/lst Marines are flying the City flag under the American flag at the Camp Fallujah headquarters in Iraq. Mayor Webb announced that he and Mayor Pro Tem Rosansky attended the police retirement dinner for six officers. He noted that Congressman Campbell was also in attendance. Mayor Webb thanked Speak Up Newport and everyone who attended the Mayor's Dinner. Volume 57 - Page 569 City of Newport Beach City Council Minutes February 28, 2006 Council Member Ridgeway requested an agenda item for the next meeting relative to whether the Sergeant -at -Arms should continue to attend Council. meetings. I. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING OF FEBRUARY 7, 2006 AND ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 14, 2006. 1100 -20061 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 4. GENERAL PLAN AMENDMENT NO. 2006 -001; LOCAL COASTAL PROGRAM AMENDMENT NO. 2006 -001; AND CODE AMENDMENT NO. 2006 -001 — CALTRANS WEST PROPERTY, 4850 WEST COAST HIGHWAY (PA2006 -016). [100 -20061 Adopt Ordinance No. 2006 -7 approving Code Amendment No. 2006 -001. 5. FORMATION OF THE NEWPORT BEACH /SANTA ANA HEIGHTS REDEVELOPMENT AGENCY. [100 -20061 Adopt Ordinance No, 2006 -8. RESOLUTION FOR ADOPTION 6. INITIATION OF A PRE - ANNEXATION GENERAL PLAN AMENDMENT AND ZONE CODE AMENDMENT TO ESTABLISH A GENERAL PLAN AND ZONING DESIGNATION OF GOVERNMENT, EDUCATIONAL, AND INSTITUTIONAL FACILITIES (GEIF), FOR PROPERTY LOCATED AT 107 INDUSTRIAL WAY, IN THE CITY OF COSTA MESA. [100 -20061 Adopt Resolution No. 2006 -18 initiating the General Plan Amendment and the Zone Code Amendment. CONTRACTS AND AGREEMENTS 7. WEST NEWPORT STREETS AND ALLEYS PAVEMENT REHABILITATION AWARD OF CONTRACT (C- 3723). 1381100 -20061 1) Approve the plans and specifications; 2) award the contract (C -3723) to All American Asphalt for the total bid price of $922;922 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $90,000 to cover the cost of unforeseen work and $13,500 for geotechnical services for roadway and asphalt compaction testing under the existing on -call professional services agreements; and 4) approve a budget amendment (06BA -046) in the amount of $61,580.75 from Account No. 7501- C5500386, Water Transmission Main Master Plan 'Improvements to Account No. 7501- C5100768, West Newport Pavement Rehabilitation. MISCELLANEOUS 8. EXCESS GENERAL LIABILITY INSURANCE RENEWAL. 1100 -20061 Volume 57 - Page 570 City of Newport Beach City Council Minutes February 28, 2006 Approve the renewal of the excess general liability insurance coverage for a twelve month policy with The Insurance Company of the State of Pennsylvania (an AIG Company) and Lexington Insurance (policy has a self- insured retention (SIR) of $500,000 and a $1 million SIR for Employment Practices Liability Insurance (EPLI). 9. EXCESS WORKERS COMPENSATION (WC) INSURANCE RENEWAL. 1100 -20061 Approve the renewal of the excess workers compensation coverage for a twelve month policy with a self - insured retention (SIR) of $1 million, statutory coverage limited and premium for FY 2006/07 as outlined in staff report. 10. PROPERTY INSURANCE PROGRAM RENEWAL. [100 -20061 Approve the renewal of the property insurance program for a total premium of $634,155. 11. BUDGET AMENDMENT - SURFING /SAILING/TENNIS. [100 -20061 Approve a budget amendment (06BA -047) in the amount of $55,302 to enhance the City's recreational programs. 12. AUTHORIZATION FOR THE PURCHASE OF THREE VEHICLES. [100 - 20061 Authorize the purchase of two Ford Escapes and a 16 yard rear loader for $135,500. City Manager Bludau indicated that the ordinance relative to the Bayside Residential Planned Community (Item 3) needs revisions and requested that it be pulled from the Consent Calendar. Motion by Mayor Pro Tem Rosansky to approve the Consent Calendar, except for the item removed (Item 3). The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selicl- Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols J. PUBLIC HEARINGS 13. VACATION AND ABANDONMENT OF A PORTION OF LA JOLLA DRIVE, LOCATED IN THE NEWPORT HEIGHTS AREA. [901100 -2006] Traffic/Development Services Manager Edmonston provided the staff report and stated that, because of the topography, the City most likely will never widen the street so staff supports the request. Mayor Pro Tem Rosansky believed that this would create an improved situation on La Jolla Drive. Motion by Mayor Pro Tem Rosansky to adopt Resolution No. 2006 -19 ordering the vacation and abandonment of a portion of La Jolla Drive; direct staff to process the vacation; and direct the City Clerk to have the resolution recorded by the Orange County Recorder. Mayor Webb opened the public hearing. Jim Young questioned why the City would vacate the entire side of the street's right -of- way. He believed that property owners on the next street would think they now have lots on La Jolla and can build bigger houses or multi - family units. Volume 57 - Page 571 City of Newport Beach City Council Minutes February 28, 2006 Hearing no further testimony, Mayor Webb closed the public hearing Planning Director Temple indicated that most of the lots that are westerly of Westminster Avenue are zoned R -2. She clarified that the Council policy states that, if garage access is via the alley, the property owner would not be given street access. Noting the size of the lots, she confirmed that, in order to subdivide the lot or build two homes, they would need to come to the City, there would have to be a minimum of 5,000 square feet on each lot, and the only way to have two separate ownerships on the R -2 lots would be to build a condominium. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tom Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols K. PUBLIC COMMENTS Rex Ricks stated that he lives in Huntington Beach and asked Council how they would feel if a desalination plant was proposed in their city. He also believed that Supervisor Silva let them down relative to El Toro and recommended that Council not support him for the Assembly. Council Member Ridgeway clarified that the reason its being proposed in Huntington Beach is because it already has the AES Power Plant to take advantage of the intake and outfall. Mayor Webb cautioned that every city in California needs to be careful how it manages its water because it will run out in the future. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) - Council Member Selich reported that they met yesterday to discuss the new General Plan map under the proposed General Plan Update and the conversion of the statistical information. Further, they appointed a subcommittee to work with staff to double check the information. He announced that the first mailer went out two weeks ago and reviewed the schedule for the public hearings. Assistant City Manager Wood reported that the next public workshop will be on Saturday, April 1, at 9:00 a.m. and 1:30 p.m. at the OASIS Senior Center. Local Coastal Program Certification Committee - Council Member Ridgeway reported that their next meeting is on March 7 at 3:00 p.m. in the Fire Conference Room where they will be reviewing the Implementation Plan which is also available on the City's web page. Mariners Joint Use Library Ad Hoc Steering Committee -,Mayor Webb announced that he toured the library and the opening ceremony will be on April 20 at 11:00 a.m. City Centennial 2006 Committee - Mayor Webb reported that they will meet on Thursday at 3:30 p.m. on the Riverboat. City Council/Citizens Ad Hoc Committee for Marina Park Planning and City Coucnil Ad Hoc Marina Park Advisory Committee - Council Member Ridgeway reported that the hearing relative to the relocation plan will be on March 14. Newport Coast Advisory Committee - Council Member Curry reported that they will meet next on March 13 at 5:30 p.m. Volume 57 - Page 572 City of Newport Beach City Council Minutes February 28, 2006 EQAC - Council Member Nichols reported that they met last night and will be preparing comments relative to the General Plan. Ad Hoc Telecommunications Committee - Councilmember Daigle reported that they have been discussing a media policy. Newport Beach/Irvine Borders Committee - Council Member Daigle reported that the Newport Beach members met with outside legal counsel and generated and sent a letter to Irvine that articulates the City's concerns with their development at the City's border. City Hall Site Review Committee - Mayor Pro Tem. Rosansky reported that they will meet next on March 6 in the Council Chambers and indicated that they are still soliciting potential sites for City Hall. Facilities Finance Review Committee - Mayor Webb reported that they met on Monday and will meet again on the March 13 at 4:00 p.m. He stated that they received reports relative to future facilities needs and the City's financial status. SCAG Aviation Committee - Council Member Ridgeway stated that they discussed the airport system as it relates to the regional transportation plan. He reported that they will be looking at a ground transportation system and noted that Southern California's requirement will be 170 Million Annual Passengers (MAP) by 2030. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR FEBRUARY 23, 2006. [100 -20061 Planning Director Temple reviewed the following Planning Commission items: Brookfield Homes - 1301 Quail Street (PA2004 -251); JS Residential, L.P. - 801 Domingo Drive (PA2005 -110); and Fire Facility Overlay for the proposed Fire Station in Santa Ana Heights (PA206 -033). N. CURRENT BUSINESS 15. 401 38TH STREET - APPEAL OF STAFF DECISION TO NOT ALLOW A NEW CURB CUT ON NEWPORT ISLAND. 1100 -20061 Traffic/Development Services Manager Edmonston provided the staff report and indicated that they denied the request because, although the number of on- street parking spaces will be maintained, it doesn't conform with the Council policy. Council Member Ridgeway believed that the policy isn't serving' the citizens well in this case and noted that the current curb cut is the only one on 38th Street. Motion by Council Member Ridgeway to 1) approve Encroachment Permit N2006- 0073; and 2) direct staff to condition the owner to close the existing curb cut fronting the property on 38th Street in conjunction with the construction of the proposed duplex. Ryan Vitt, property owner, displayed a model of the proposed new curb cut The motion carried by the following roll call vote: Volume 57 - Page 573 City of Newport Beach City Council Minutes February 28, 2006 Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 16. BACK BAY SCIENCE CENTER - AWARD OF CONTRACT (C- 3460), APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DOUGLAS E. BARNHART, AND AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH GAIL PICKART. [381100 -20061 Assistant City Manager Kiff utilized a PowerPoint presentation to show what entities are involved in the project, how Shellmaker looks today and how it will look after the Back Bay Science Center (BBSC) is constructed, the floor plan of the BBSC, the phases of the project, the updated budget, issues for Council to consider, and the project timeline. He displayed the websites where people can get more information and noted that the partners have been working on this project for about five years. In response to questions, Assistant City Manager Kiff explained that the City's contribution is coming from the American Trader Off Spill Fund, the Newport Bay Restoration Fund, the General Fund, and reimbursable Trailhead Funds. He clarified that improvements like including a tidepool feature and the canvas cover over the amphitheater are not in this phase as they intend to seek sponsors. Noting how much money is being spent on the Back Bay, Council Member Nichols stated that he would like to see the money used in the front Bay. Council Member Ridgeway noted that, as Chair of the Coastal/Bay Water Quality Citizens Advisory Committee, he and all the members support this. Further, when the tidepool is added, there will not be as many students visiting the Corona del Mar tidepools. Motion by Council Member Ridgeway to 1) approve the plans and specifications; 2) award or reject the bid packages (1 -16) for C -3460 as outlined in the staff report for the total bid price of $4,469,033 and authorize the Mayor and the City Clerk to execute the contracts; 3) establish an amount of $245,000 to cover the cost of unforeseen work; an amount of $260,000 to cover contracts for items to be re -bid; and an amount of $212,900 for professional support services, preconstruction services and relocation costs to move existing modular units; 4) approve a Construction Manager at Risk Agreement with Douglas E. Barnhart, Inc. authorizing compensation for an amount not to exceed $574,631 and authorize the Mayor and the City Clerk to execute the Agreement; 5) approve Amendment No. 3 to Professional Services Agreement with Gail P. Pickart, P.E., for project management during construction for a not to exceed amount of $45,000 and authorize the Mayor and the City Clerk to execute the Amendment; 6) approve budget amendments (06BA -045) in the aggregate amount of $5,806,564 from Account Numbers 010 -3605 ($1,661,164), 230 -3605 ($311,000), 457 -4879 ($112,000), 457 - 4879 -1 ($615,400), 457 -5927 ($69,000), 457 -4911 ($1,230,000), 457 -4930 ($308,000), 457 -4929 ($600,000), 457 -4940 ($400,000), 457 -4928 ($500,000) to Account No. 7457- C5100661. 7) authorize the City Manager to enter into a Funding Acceptance and Recognition Agreement with micoean for signage and an entryway monumentation that recognizes miocean's $500,000 contribution to the BBSC. Dr. Jack Skinner requested that Council support the motion and expressed his reasons why the BBSC is needed. "Jack Keating, Newport Bay Naturalists and Friends member, stated that there is a Volume 57 - Page 574 W City of Newport Beach City Council Minutes February 28, 2006 need for science -based education and that the BBSC will also conduct important research. David Souleles, Chief of Public Health Care Operations for the Orange County Health Care Agency, reported that they conducted 52,000 water quality tests in 2005 and urged Council to support the motion. Larry Eng, Regional Manager for the Department of Fish and Game, encouraged Council to support the project. Nancy Skinner emphasized that the BBSC is needed. Council Member Curry stated that this is the kind of investment the City should be making into the community to enhance long term environmental quality and the enjoyment of the Bay. 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 517. BALBOA VILLAGE PHASE III - AWARD OF CONTRACT (C- 3727). [281100 - 20061 Council Member Ridgeway noted that this is the last phase and that the City is finally seeing investments being made into this area after seven years. He reported that the improvements in this phase are adjacent to all the major projects occurring in the area. Regarding the environmental document, City Attorney Clauson clarified that staff has reviewed the project and determined that it is categorically exempt and will be filing the appropriate paperwork. Motion by Council Member Ridgeway to 1) Approve the plans and specifications; 2) award the contract (C -3727) to L.H. Engineering Co. for the total bid price of $1,369,103.20 and authorize the Mayor and the City Clerk to execute the contract; 3)' establish an amount of $100,000 to cover the cost of unforeseen work, and $15,000 for geotechnical services and materials testing, as needed under existing on -call Professional Services Agreements; and 4) approve a budget amendment (06BA -048) in the amount of $740,000 from the unappropriated Reserve for Capital Improvement Fund balance (Account No. 010 -3776) to Account No. 7011- C5100543. 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 ITEMS REMOVED FROM THE CONSENT CALENDAR 3. BAYSIDE RESIDENTIAL PLANNED COMMUNITY = 919 BAYSIDE DRIVE (PA2004 -072). [100 -20061 Planning Director Temple reported that the amended lot sizes and setback arrangements, and an updated exhibit have been incorporated into the ordinance and Volume 57 - Page 575 City of Newport Beach City Council Minutes February 28, 2006 recommended that the ordinance be reintroduced and passed to second reading on March 14. She confirmed that this does not affect the applicant's schedule with the California Coastal Commission. Without objection, Council requested that "seawall" be changed to "bulkhead" in the Conditions of Approval. Motion by Council Member Selich to reintroduce Ordinance No. 2006.6, as amended, approving Code Amendment No. 2005 -07 and adopting Planned Community Text No. 54. 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 P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT - at 8:30 p.m. in memory of Julianne Devlin The agenda for the Regular Meeting was posted on February 22, 2006, at 3:35 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 February 24, 2006, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 2J Recording Secretary W - Mayor D" City Clerk Gcreoa�•� Volume 57 - Page 576