HomeMy WebLinkAbout08/22/2006 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
August 22, 2006 — 7:00 p.m.
TUDY SESSION - 4:00 p.m.
CLOSED SESSION - 4:45 p.m.
A. RECESSED AND RECONVENED 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
City Attorney Clausen reported that Council discussed filing a petition to challenge the
environmental review of projects recently approved in the City of Irvine. She indicated that
Council authorized the attorneys to attempt to reach a tolling agreement with Irvine. She
announced that, if discussions fail, Council authorized the attorneys to file the challenge. She
added that Council also agreed to allow the City of Tustin to join the City in the petition.
D. PLEDGE OF ALLEGIANCE - Council Member Curry
E. INVOCATION - Pastor Kerry Beaulieu, Our Lady Queen of Angels Church
F.
Centennial Committee Recognition - Recreation and Senior Services Director Knight
announced upcoming Centennial events (www.newportbeach100.com). Mayor Webb presented
certificates to members of the Fashion Island Committee, the Heritage Committee, and the Dredges
to Dreamboats Exhibit Committee. Mayor Webb also presented The Irvine Company with a gift for
sponsoring Lets Do Launch.
Check Presentation from the Friends of the Library - Library Services Director Katsouleas
presented a $139,530 check to be used towards the Children's Sun and Sea Discovery Garden.
Recognition for Efforts to Restore the Antique Fire Engine - Fire Chief Riley recognized
employees from the General Services Department, Bob Bond who did the artwork, Lloyd Ikerd, the
Los Angeles Fire Department, and Newport Beach Fire Department personnel who assisted with
the restoration of the 1920 American LaFrance Fire Engine. He also read a list of Fire Department
personnel who provided monetary assistance.
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 )-:
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Council Member Nichols announced that there are vacancies on the Environmental Quality Affairs
Citizens Advisory Committee (EQAC).
Council Member Daigle announced that the Orange County Conference for Women will be held on
September 21 at the Balboa Bay Club (www.ocwomen.org).
Council Member Curry congratulated the Recreation staff for Sunday Funday and announced that
the last Concert in the Park will be held this Sunday at Eastbluff Park.
Mayor Webb announced that there are ten days left until the City's 100th birthday and provided
Centennial Moments.
I. CONSENT CALENDAR
READING OF MINUTES/ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING OF AUGUST 8, 2006. [100 -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.
CONTRACTS AND AGREEMENTS
3. APPROVAL OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF
ORANGE FOR HARBOR DEBRIS REMOVAL (C- 2539). [381100 -20061 Authorize the
City Manager to execute a cooperative agreement with the County of Orange whereby the
City provides debris removal and refuse pickup services within the tidal zones of Newport
Harbor and the County provides cost - sharing funds.
4. AMEND CONTRACT FOR NEWPORT COAST RESIDENTIAL REFUSE
COLLECTION (C- 3513). [381100 -20061 Continued indefinitely.
5. AWARD A CONTRACT FOR LANDSCAPE PARK MAINTENANCE SERVICES
WITH TRU GREEN LANDCARE (C- 3880). [381100 -20061 Award the Landscape
Maintenance Agreement with Tru Green Landcare in the amount of $474,997 to provide
landscape maintenances services to City parks and facilities and subsequently approve a
budget amendment (07BA -008) in the amount of $84,682 to fund the additional cost over
the expiring contract.
6. BACK BAY SCIENCE CENTER - AWARD OF CONTRACT (C- 3460). [381100 -20061
1) Approve the plans and specifications; and 2) award the bid packages for C -3460 as shown
in the staff report for the total bid price of $266,676.00, and authorize the Mayor and the
City Clerk to execute the contract.
7.. IRVINE TERRACE WATER VALVE, OCEAN VISTA AND ORANGE STREET
WATER MAIN REPLACEMENTS - COMPLETION AND ACCEPTANCE OF
CONTRACT (C- 3643). [381100 -20061 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.
8. JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH
BRISTOL STREET - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3785).
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[381100 -20061 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.
9. CHILDREN'S SUN AND SEA DISCOVERY GARDEN AT NEWPORT BEACH
CENTRAL LIBRARY - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
WITH FRONT PORCH CREATIONS (C- 3851). 1381100 -20061 1) Accept a $139,530
contribution from the Friends of the Newport Beach Library for creation and maintenance
of a children's garden adjacent to the Central Library; 2) approve professional services
agreement with Front Porch Creations of Newport Beach, California, at a not to exceed
price of $139,530 and authorize the Mayor and City Clerk to execute the agreement; and 3)
approve a budget amendment (07BA -009) to increase revenue estimates by $139,530 in
Account No. 4091 -5892 (Library - Friends of the Library) and appropriating the same
amount to 7011- C4091936.
10. MALIBU CIRCLE SLOPE REPAIR - AWARD OF CONTRACT (C- 3791). [381100-
2006] 1) Approve the plans and specifications; 2) award the contract (C -3791) to
Excavating Engineers Inc., dba Hillside Retaining Walls Company for the total bid price of
$62,777, and authorize the Mayor and City Clerk to execute the contract; 3) establish an
amount of $6,000 to cover the cost of unforeseen work; and 4) approve a budget amendment
(07BA -010) in the amount of $35,587 from unappropriated General Fund Reserves.
11, AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH EIP
ASSOCIATES, INC. AND BUDGET AMENDMENT (C- 3620). [381100 -20061 1)
Approve and authorize the Mayor and City Clerk to execute the third amendment to
professional services agreement with EIP Associates, Inc.; and 2) approve a budget
amendment (07BA -011) transferring $142,270 from the unappropriated General Fund
reserve to account 2710 -8293, General Plan Update.
MISCELLANEOUS
12. 2006/2007 CULTURAL ARTS GRANTS. [100 -20061 Approve recommended recipients
for FY 2006/2007 Cultural Arts Grants as selected by the City Arts Commission in
accordance with City Policy I -12 - Reserve Fund for Culture and Arts.
13. SOBER LIVING BY THE SEA - USE PERMIT NO. 2005 -031, OFFSITE PARKING
AGREEMENT NO. 2005 -005, MODIFICATION PERMIT NO. 2005 -133 - 2811 VILLA
WAY (PA 2005 -136) (contd. from 4/11/06, 5/23/06 and 6/27/06). Continue to September
26, 2006. (Council Member Ridgeway recused himself on this item)
Motion by Mayor Pro Tern Rosansky to approve the Consent Calendar; and noting the
continuance of Item 4 and the recusal by Council Member Ridgeway on Item 13.
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 - None.
K. PUBLIC COMMENTS
Louise Fundenberg announced that the Central Newport Beach Community Association and the
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Peninsula Point Association will be holding a candidates forum on September 7 at 7:00 p.m. in the
American Legion Hall.
Alyce Richards believed that the McFadden Square Centennial Project needs a better sculpture
than a bronze sphere.
Cynthia Determan, District Director for Senator Tom Harman, stated that the Senator is looking
forward to working with and serving the City.
Lynn Aiken discussed problems on Ocean Boulevard with gang members, took issue with Council
and staff, and requested to speak with the City Manager.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
14. PLANNING COMMISSION AGENDA FOR AUGUST 17, 2006. [100 -20061
N.
Assistant City Manager Wood reported on the following Planning Commission items:
Implementation Program of the General Plan; Our Lady Queen of Angels Church
Expansion (PA2005 -092) - 2046 and 2100 Mar Vista Drive; and the Newport Beach
Brewing Company (Use Permit No. 3485) - 2920 Newport Boulevard.
15. REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE PUBLIC
RIGHT -OF -WAY AT 401 -407 EDGEWATER PLACE. [100 -20061
Public Works Director Badum provided the staff report and noted that the applicant
is asking for a 4 foot encroachment, the agreement would include a condition that the City
maintains the primary right to use the property, and there is no landscaping being
requested. He reported that Council Policy L -6 doesn't give staff the authority to grant this
type of use.
In response to Council questions, Public Works Director Badum indicated that he is not
sure if this is the same 1970 property owner who had a prescriptive rights issue against the
City. He reported that the right -of -way cannot be quitclaimed because the storm drain
would need to be relocated. City Attorney Clauson reported that all of the City's non-
standard encroachment agreements give the City authority to revoke the agreement at any
time.
Mayor Webb indicated that the apartments close to the property have a 14 foot sidewalk.
He suggested tapering the sidewalk from the corner of Cypress so it goes from 0
encroachment to the 4 foot encroachment, and only be about 12 feet long.
Motion by Council Member Ridgeway to continue this item to the next meeting to
allow staff to study Mayor Webb's suggestion to taper the sidewalk and review property
ownership.
Council Member Nichols expressed support for approving the applicant's request.
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
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516. AUTHORIZATION TO PURCHASE 15.05 ACRES OF LAND AT SUPERIOR AND
WEST COAST HIGHWAY (CALTRANS PARCEL DD #40766 -01 -01 — "SUNSET
RIDGE PARK ") FOR $5,000,000; AND APPROVE BUDGET AMENDMENT. [100-
2006]
Assistant City Manager Kiff reported that the proposal is to purchase the property at
Superior and West Coast Highway (Sunset Ridge Park) for $5 million, rather than lease it
from State Parks. He stated that this would still need to go to the California
Transportation Commission for final approval.
Motion by Mayor Pro Tern Rosanskv to 1) adopt Resolution No. 2006 -85 authorizing
the purchase of Sunset Ridge Park, authorizing the City Manager to execute all relevant
documents, and stating the City's agreement with the terms of a Purchase and Sale
Agreement and draft Deed; 2) authorize the Mayor to execute a Purchase and Sale
Agreement for Caltrans Director's Deed #40766 -01 -01 ("Sunset Ridge Park ") for $5,000,000
paid over three fiscal years at 4.75% interest on any unpaid principal provided that the
Agreement is substantially similar to the attached Purchase and Sale Agreement; and 3)
approve a budget amendment (07BA -012) as follows: $900,000 from Unappropriated Park
In Lieu Reserves and $1,100,000 from Unappropriated General Fund Reserves to CIP
Account #7021-05100515.
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
O. MOTION FOR RECONSIDERATION - None.
P. ADJOURNMENT - at 8:20 p.m. in memory of Luvena Hayton.
The agenda for the Regular Meeting was posted on August 16, 2006, at 1:30 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 18,
2006, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
Recording Secretary
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Mayor
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