HomeMy WebLinkAbout05/23/2006 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 23, 2006 — 7:00 p.m.
STUDY SESSION - 4:00 p.m.
CLOSED SESSION - 6:00 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 Tern Rosansky, Mayor
Webb, Council Member Ridgeway, Council Member Daigle, Council Member
Nichols
C. CLOSED SESSION REPORT
Assistant City Attorney Harp reported that the City Council authorized the execution of the
third amendment to the tolling agreement between the City and the Newport Beach
Condominium Association which extends the tolling agreement to July 31, 2006.
D. PLEDGE OF ALLEGIANCE — Council Member Curry
E. INVOCATION - Reverend Karl Stuckenberg, Newport Center United Methodist
Church
F. PRESENTATIONS
Donation from Friends of the Library - Martin Flink, President of the Friends of the
Newport Beach Library, presented a check for $14,213 to the Board of Library Trustees and
explained how the Friends raise funds for the library.
California Restaurant Association Centennial Proclamation - Mayor Webb presented
a proclamation to the President of the California Restaurant Association, Dan Marcheano of
the Arches Restaurant.
Recognition of Dennis O'Neil as Newport Beach Citizen of the Year for 2006 -
Richard Luehrs, Newport Beach Chamber of Commerce President, displayed the plaque
which listed the names of the Citizen of the Year recipients since 1949 and Mayor Webb
presented former Mayor Dennis O'Neil with a proclamation.
National Public Works Week - Mayor Webb presented Public Works Director Badum,
General Services Director Harmon, and Utilities Director Antista with a proclamation which
proclaimed May 21 to May 27 as Public Works Week.
Tree City USA - Glen Barley, California Department of Forestry and Fire Protection,
presented Urban Forester Conway and Administrative Analyst Marcarello with the Tree
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City Award and Growth Award on behalf of the National Arbor Day Foundation, the
National Association of State Foresters, and the California Department of Forestry and Fire
Protection.
G. NOTICE TO THE PUBLIC
H. C_ITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED _ON_A FUTURE AGENDA FOR DISCUSSION. ACTION OR
REPORT (NON - DISCUSSION_ ITEM):
Council Member Curry discussed his interest in Public Financial Management and its
successor, PFM Asset Management LLC. He announced that their agreement has not come
before Council since he was seated on Council and that he will recuse himself from any
Council decisions related to their agreement. He added that he also has no financial interest
in any debt sold by the City and will ask the City not to consider PFM Asset Management's
services for any future work related to the reinvestment of any debt proceeds.
Council Member Curry noted that tomorrow is the final day for the Appropriations
Committee to consider Assembly Bill No. 3007 which relates to drug and alcohol recovery
treatment facilities that have more than six units.
Council Member Selich reported that the Balboa Island Parade will be held on June 4 at
11:00 a.m.
Mayor Pro Tem Rosansky reported on the Relay for Life event held last weekend.
Mayor Pro Tem Rosansky reported that Supervisor Silva spoke at a West Newport Beach
Association meeting yesterday.
Mayor Pro Tem Rosansky and Council Member Nichols congratulated the 15 athletes from
Newport Harbor High School and the 15 athletes Corona del Mar High School that received
awards from the Newport Beach Chamber of Commerce.
Council Member Daigle reported that the City's video streaming was being showcased at the
International Institute of Municipal Clerk (IIMC) Conference last week. She requested that
the Media and Communications Committee look at WiFi for traffic management purposes,
noting that Measure M funds may be used.
Council Member Ridgeway reported on the construction projects the Orange County
Sanitation District (OCSD) is conducting at A street and 15th Street.
Mayor Webb displayed a survey the OASIS Senior Center is conducting and reported that
people can obtain one at the Senior Center, the Recreation and Senior Services Department,
on the City's website, or by calling 949 - 644 -3244.
Mayor Webb announced that there are 101 days until the City's 100th birthday and provided
Centennial Moments.
I. CONSENT CALENDAR
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF
MAY 9, 2006. [100 -2006] Waive reading of subject minutes, approve as written
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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. CONTINUOUS UTILITY SERVICE AGREEMENTS. [100 -2006] Adopt
Ordinance No. 2006 -13 amending Section 14.12.140 of the NBMC authorizing
continuous service agreements for water and sewer customers.
4. PENDRAGON NORTH AMERICA AUTOMOTIVE INC. (LAND ROVER
NEWPORT BEACH SERVICE CENTER - 2101 DOVE STREET). [100 -2006]
Adopt Ordinance No. 2006 -14 for Code Amendment No. 2004 -012.
RESOLUTION FOR ADOPTION
5. RESOLUTION NO. 2006 -38 RELATING TO A PROPERTY TAX EXCHANGE
AGREEMENT FOR THE WEST SANTA ANA HEIGHTS AND EMERSON
TRACT. [100 -2006] Adopt Resolution No. 2006 -38 relating to a Property Tax
Exchange Agreement to allocate property taxes after the reorganization of West
Santa Ana Heights and reaffirming the City's earlier adoption of Council Resolution
No. 2002 -55 relating to the 70 -30 property tax split for the Emerson Tract.
CONTRACTS AND AGREEMENTS
6. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL
YEAR JULY 1, 2006 TO JUNE 30, 2007. [321100 -2006] Authorize the City Clerk
to publish a notice advertising for bids to be received on or before the hour of 4:00
p.m., on Friday, June 9, 2006 for a one -year contract covering the publishing and
printing of legal notices, or other material required to be published and circulated in
the City of Newport Beach.
8. NEWPORT THEATER ARTS CENTER LOBBY ADDITION (C -3742) -
REJECT ALL BIDS. [381100 -2006] 1) Reject all bids; and 2) direct staff to
combine this project with future building work and rebid at a later date.
10. NON - STANDARD IMPROVEMENTS AT 6707 AND 6709 SEASHORE DRIVE.
[100 -2006] Continued to the June 13, 2006 Council meeting.
11. REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE
PUBLIC RIGHT -OF -WAY - 3431 OCEAN BOULEVARD. [100 -2006] 1) Deny
the Owner's request to construct non - standard encroachments, which includes, but
not limited to, retaining walls, caissons, landscaping, associated drainage, and
appurtenances within the public right -of -way adjacent to the property located at
3431 Ocean Boulevard; and 2) direct staff to prepare an encroachment permit and
encroachment agreement for the existing non - standard, improvements in the public
right -of -way fronting 3431 Ocean Boulevard.
12. AMENDMENT TO THE RESTROOM CLEANING AGREEMENT WITH A -1
SPINELLI ENTERPRISES (C- 3399). [381100 -2006] Approve the contract
amendment for weekend restroom cleaning through October 31, 2006 at a new price
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of $3,508 per month.
MISCELLANEOUS
13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF
THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO
EXPENDITURE BUDGET ACCOUNTS FOR FY 2005/06. [100 -20061 Approve
a budget amendment (06BA -070) to increase revenue estimates by $14,213 in
Account No. 4010 -5892 (Library - Friends of the Library) and increase expenditure
estimates by the same amount in Division 4091 (Friends).
14. WIDE AREA NETWORK UPGRADES (C- 3841). [381100 -2006] Approve an
agreement by Embee Technologies for hardware and services to provide 100 MB
wireless radio Wide Area Network (WAN) connections between the City Hall and
Utilities sites and between the Utilities and Corporation Yard sites for a total cost of
$69,882.20.
15. 2006 -07 PROPOSED BUDGET HEARING; 2006 -07 APPROPRIATION LIMIT
HEARING. [100 -20061 Schedule a public hearing of the City's Proposed Budget
and Appropriation Limit for the 2006 -07 fiscal year on June 13, 2006 at 7:00 p.m.
and direct the City Clerk to publish a notice of said hearings.
Motion by Mayor. Pro_Te. m Rosansky to approve the Consent Calendar, except for those
items removed (7, 9 & 16); and noting the continuation of Item 10.
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
Without objection, it was the consensus of the City Council to consider Item 21
(Oral Reports from the Facilities Finance Review Committee and the City Hall
Site Review Committee) after the pulled Consent Calendar items are discussed.
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
AUTHORIZATION TO HIRE TELE - WORKS, INC. TO UPGRADE THE
CITY'S VOICE RESPONSE AND NOTIFICATION SYSTEMS (C- 3398).
[381100 -20061
Dolores Otting expressed her disappointment that this system was not installed
sooner. City Manager Bludau reported that the system can be programmed to call
certain areas or the entire City, and it can be emergency specific. Council noted that
Fire Chief Riley made a presentation during the Study Session and that the City has
been working on disaster preparedness for a long time.
Motion by Council _Member Ridgeway to 1) authorize the Mayor to execute a
professional services Agreement with Tele- Works, Inc. to upgrade the Voice
Response System and Emergency Notification System (FirstResponder) which
broadcast emergency and routine messages to the citizens of Newport Beach by
phone, email, voicemail, fax, text pager and telephone text (TTY /TTD); and 2)
approve a budget amendment (06BA -068) transferring $67,500 of appropriations
from Revenue Division, Salary Savings account number 0640 -7099, to Computer
Equipment, capital outlay account number 0640 -9010.
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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
9. TRAFFIC SIGNAL UPGRADES FY05 -06 - AWARD OF CONTRACT (C- 3827).
[381100 -2006]
Dolores Otting expressed her support for the project. Council Member Curry noted
that the signal at the intersection of San Miguel and Spyglass is scheduled to have a
left -turn arrow installed.
Motion by Council Member Rid eway to 1) approve the plans and specifications;
2) award C -3827 to Freeway Electric for the total bid price of $438,000.00, and
authorize the Mayor and the City Clerk to execute the contract; 3) establish an
amount of $43,800 (10 %) to cover the cost of unforeseen work; and 4) approve a
budget amendment (06BA -069) in the amount of $23,800 from the unappropriated
balance of the Transportation and Circulation Fund, 260 -3605, to Account No. 7261 -
05200068.
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
16. MITIGATED NEGATIVE DECLARATION RELATING TO A WATER
QUALITY IMPROVEMENT PROJECT (" OLOID PROJECT") AROUND
NEWPORT ISLAND (C- 3730). [381100 -2006]
Ben Anderson, President of the Newport Island Board of Directors, reported that
they unanimously oppose the oloid project, believed that no one was notified of
tonight's meeting, and requested a continuance.
In response to Council questions, Assistant City Manager Kiff concurred with
allowing more time for notification and indicated that staff is also skeptical of the
technology but wanted to do something to help the water quality problems around
Newport Island. Council Member Curry requested that the next report discuss
possible noise issues that may occur due to the oloid project.
Motion by Council Member Ridgeway to continue the item, provide more
notification to the area residents, and bring back the item for a public hearing on
June 27, 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, Council
Member Nichols
P. CURRENT BUSINESS
21. ORAL REPORTS FROM THE FACILITIES FINANCE REVIEW COMMITTEE
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AND THE CITY HALL SITE REVIEW COMMITTEE. [351100 -2006]
Facilities Finance Review Committee
Steve Frates, Chairman of the Facilities Finance Review Committee, highlighted his
background and utilized a PowerPoint presentation to discuss the recommendations
for a long term facilities finance plan. He also displayed a facility replacement
planning worksheet, the construction expenditures compared to the net general fund
debt service budget, the general fund appropriations, and a chart of the facilities
replacement fund. He emphasized that the fund will continue to be replenished in
order to assist future generations in its facility replacement needs, but is very
flexible to adjust to the changing times. He thanked the Committee members, staff,
and the Council Members on the Committee for their assistance. He confirmed that
the recommendations from the Committee were adopted unanimously.
In response to Council questions, Administrative Services Director Danner clarified
that the reserve for the facility replacement fund will never exceed 4.5% of the
general fund revenues. Chairman Frates indicated that the Committee didn't look
at charging new developments a facilities improvement fee but looked at the overall
revenue fund. He likened the facilities replacement fund to a shock absorber in that,
as the Certificate of Participation (COP) is paid off, the fund is replenished with less
than 5% of the general fund. He stated that, in his professional opinion, this is a
fiscally prudent plan that provides infrastructure to the citizens of Newport Beach.
Council Member Ridgeway indicated that it is not unreasonable to have a facilities
fee as long as the facility benefits the homes near the improvement.
Council Member Curry emphasized that this is a 15 year strategy to address the
City's major facilities infrastructure. He believed that the plan is among the most
conservative in the country in terms of the level of debt and the ratio of debt relative
to the budget. He added that the use of the reserve fund to stabilize the general
fund ensures that the net out of pocket general fund impact will be less than the cost
of the COP debt service.
In response to City Manager Bludau's questions, Chairman Frates confirmed that
the City can afford a new City Hall and its identified facility needs over the next 20
years.
Ed Romeo, President of Friends of OASIS, reported that 8,000 to 9,000 people visit
this facility a month and requested that Council consider moving the OASIS
replacement higher on the priority list.
Charles Griffin suggested that this be put to a vote.
Evelyn Hart, Friends of OASIS, believed that the Senior Center needs immediate
attention and reported that the OASIS Board requested that the Senior Center
become a top priority.
Mayor Webb indicated that the facility priorities will be discussed at a future
meeting.
Dolores Otting commended the Committee and staff, but believed that this should go
to a vote. She suggested using the $14 million to rebuild two fire stations now
rather than go into debt since the City has money in its reserves. She noted that the
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cost estimates are only for construction, not furnishings.
Cit Hall Site Review Committee
Larry Tucker, Chairman of the City Hall Site Review Committee, reviewed his
background and utilized a PowerPoint presentation to review the
Committee's mission statement, discuss the public outreach program, and highlight
which sites were reviewed. He reported on which sites were geographically
unsuitable, which were technically /practically infeasible, and which sites the owners
were not willing to sell or had existing leases. He pointed out that the remaining
sites for further consideration included the Police/Fire Station site with an adjoining
joint use parking structure, the Corporate Plaza West site, and the existing City
Hall site, and reported on the cost considerations and other factors involved with
these sites. He stated that the Committee recommends that Council only look at the
Corporate Plaza West site and the existing City Hall site for further consideration.
Council Member Ridgeway suggested that both the reports be agendized or have the
City Hall Site Review Committee report sent to the Building Ad Hoc Committee
because the City needs to move forward with the information presented since
interest rate costs and construction costs are going up.
Charles Griffin suggested putting a new City Hall in the Airport Area since that
area is decaying but is a convenient location for the City.
Bill Ficker discussed his handout that expressed his reasons for considering the
park site above the Central Library for the new City Hall. Council Member
Ridgeway recommended that Mr. Ficker meet with Stop Polluting Our Newport
(SPON) and Earth Resources Foundation to convince them that his plan has merit.
City Manager Bludau received confirmation from Council that the Facilities Finance
Review Committee report will be forwarded to the Council Finance Committee and
the City Hall Site Review Committee report will be forwarded to the Building Ad
Hoc Committee, and then those Council Committees will bring back a report to
Council with recommendations. Council Member Curry suggested that the City
Manager work with the Department Directors to determine the priority for the
facilities.
K. PUBLIC HEARINGS
17, SOBER LIVING BY THE SEA - USE PERMIT NO. 2005 -031, OFFSITE
PARKING AGREEMENT NO. 2005 -005 (C- 3836), MODIFICATION PERMIT
NO. 2005 -133 - 2811 VILLA WAY (PA 2005 -136). [381100 -20061
Council Member Ridgeway recused himself since the facility is adjacent to his
property.
Motion by Mayor Pro Tern Rosansky to continue the public hearing to the June
27, 2006 Council meeting.
Mayor Webb opened the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
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Mayor Webb, Council Member Daigle, Council Member Nichols
Abstain: Council Member Ridgeway
is. GENERAL PLAN UPDATE: LAND USE AND CIRCULATION ELEMENTS,
IMPLEMENTATION PROGRAM AND DRAFT ENVIRONMENTAL IMPACT
REPORT. [681100 -2006]
Airport Area
Council Member Ridgeway recused himself from Airport Area discussions since he
has a conflict of interest.
Assistant City Manager Wood reported that, at the last meeting, the direction was to
leave the Conexant property as an industrial designation and allow 2,200 residential
units with 550 additive units only on properties with existing amenities. She stated
that Conexant provided a handout that shows their interest in creating residential
development. She suggested, in order to provide that opportunity and still remain
trip- neutral, that the Conexant property be designated as mixed -use and keep the
number of residential units at 2,200 with 550 additive units allowed only on
the eastside of MacArthur Boulevard. She reviewed a proposed policy that would
keep the City trip neutral.
In response to Council Member Nichols' questions, Woodie Tescher, EIP Associates,
indicated that the entire residential area is within the 60 Community Noise
Equivalency Level (CNEL) line.
Council Member Daigle concurred with the Planning Commission recommendation
to add policy language that requires development agreements for additive units.
Assistant City Manager Wood suggested creating a policy earlier in the General
Plan Update rather than just in the Implementation Program in the back. Council
Member Selich expressed his support for what was presented and for creating a
development agreement policy.
Dolores Otting stated that there were no staff reports left on the lobby table.
Charles Griffin believed that the Airport Area is inappropriate for residential
development.
Mayor Pro Tem Rosansky expressed support of the proposed changes to achieve the
goal of reducing trips.
Council Member Daigle requested that
receive the definition of an airport -offic e
input from Dennis O'Neil since he has
Jamboree.
Balboa Peninsula
the Campus tract be revisited in order to
use category. She asked that staff solicit
concerns about the parcel at Campus and
Woodie Tescher, EIP Associates, utilized a PowerPoint presentation to explain the
Planning Commission's recommendations for Areas A and B that will create an
overall trip reduction of 5,000 compared to the EIR and 3,200 less trips than the
existing General Plan since commercial zones are being redesignated for residential
use. Carlton Waters, Urban Crossroads, indicated that the density changes have
little effect on trip generation in this area. Council Member Ridgeway recommended
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using a Floor Area Ratio (FAR) of 2.0 in Area A.
Following discussion, it was the consensus of Council to leave the FAR at 1.5 with
the option to discuss it further at a later date. Further, for Area B, Council directed
staff to use the density of 20 units per acre.
Council Member Ridgeway announced that he cannot participate in discussions for
Areas C and G because he has a conflict of interest since he owns property in Area F.
Regarding the Cannery Village Area (Areas C and G), Mr. Teacher reported that the
Planning Commission made no changes to Area C. He reported that, for Area G, the
Planning Commission and staff recommends that the area west of City Hall and
north of 32nd Street be redesignated as neighborhood- commercial with an FAR
of .75 and the area south of the boulevard be redesignated as visitor- serving
commercial. He stated that the net results don't change from the traffic model, but
this still equates to almost 4,000 trips less than the existing General Plan. He
added that the Planning Commission also recommended redesignating the area
south of 32nd Street to mixed use with an FAR of 1.5. Planning Director Temple
indicated that staff recommended an FAR of .5. Council Member Daigle stated that
she doesn't support residential units on Balboa Boulevard.
Following discussion, it was the consensus of Council to redesignate the area north
of 32nd Street as neighborhood - commercial with an FAR of .75 and redesignate the
area south of the boulevard as visitor- serving commercial with an FAR of .5.
Regarding the McFadden Square Area (Areas E and F), Mr. Teacher clarified that
the mixed use had not been inputted into the traffic model and that this adds almost
1,000 trips to the area. He reviewed the Planning Commission recommendation to
reduce the FAR to 1.25 which would result in an increase of trips from the existing
General Plan for this section. However, he reported that there is still a net
reduction for the Balboa Peninsula Area of about 6,400 trips.
It was the consensus of Council to support the Planning Commission's
recommendations.
Charles Griffin believed that the ocean is going to rise 20 feet in the next 70 years
and asked where the City is going to build the levies.
Balboa Village
Mr. Teacher stated that the Planning Commission recommended that, for Area A,
the future site of the Newport Nautical Museum be redesignated as private
institution and, for Area B, keep it visitor serving commercial and mixed use, which
results in 123 fewer trips than the existing General Plan. Council Member
Ridgeway reported that the City parking lot is being master planned to be one
public/private parking structure on two parcels.
In response to Council questions, Assistant City Manager Wood confirmed that the
Pavilion is over water and has no zoning designation. Mr. Teacher noted that, for
mixed uses, the FAR is 1.5 with a .35 to .5 FAR for non - residential purposes and an
Far of .25 to .75 for non - residential purposes.
It was the consensus of Council to follow the Planning Commission's
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recommendation.
15th Street/Balboa Boulevard
Mr. Tescher explained the Planning Commission's recommendation to redesignate
the parcels to mixed use but allow the corner parcels to remain commercial
development. It was the consensus of Council to follow the Planning Commission's
recommendation.
West Newnort Highwa
Mr. Tescher reported that there is a net increase of 800 trips over the existing
General Plan. Prior to discussing Russell Fluter's request relative to 6100 West
Coast Highway, Mayor Pro Tem Rosansky reported a conflict of interest since his
office is located there. Mr. Tescher stated that Mr. Fluter asked to redesignate an
area of the parcel to residential but keep commercial along Coast Highway, but it is
the Planning Commission and staffs recommendation to retain the commercial
designation on the entire property.
It was the consensus of the City Council to support the Planning Commission and
staffs recommendation.
Corona del Mar
Mr. Teacher reviewed the staff recommended technical changes to Sherman
Gardens, the Crown Cove Senior Care Community, Galleo's and the vacant lots at
3900 -3928 East Coast Highway. He noted that these changes result in a net
reduction of about 2,200 trips. It was confirmed that the FAR will remain the same.
Council requested that the property owners of Galleo's and the vacant lots be
notified that a designation change is being considered.
Dolores Otting received clarification that Galleo's and the vacant lots are being
considered for redesignatinn to residential use for up to 20 units per acre and that a
designation of private institution permits 4.9 trips per unit.
It was the consensus of Council to follow staffs recommendations if the property
owners don't object.
Implementation Program
Assistant Manager Wood noted that the Planning Commission is recommending
that development agreements be required for additive residential units in the
Airport Area and Newport Center Area. She believed that Council previously gave
staff direction to allow residential uses in Newport Center due to the reduction of
existing entitlement that The Irvine Company was willing to make. She reported
that the reduced entitlement that they agreed to is vested in a number of
development agreements that will need to be amended.
It was the consensus of Council to direct staff to add a policy regarding development
agreements.
Council Member Selich indicated that he attended a Balboa Island meeting to
discuss redesignating them from two units per lot to one unit per lot, and reported
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that Balboa Island wishes to keep its current designation.
L. PUBLIC COMMENTS
Louise Fundenberg expressed a need for trash pickup for large items and hazardous items.
City Manager Bludau indicated that picking up hazardous items is very complicated. Mayor
Pro Tem Rosansky and Council Member Ridgeway believed that there should be a way to
dispose of large items at least once a month, and requested that a report be brought back to
Council.
Dolores Otting asked citizens to vote for her and Dick Nichols for the 70th Assembly District
County Central Committee during the June election. She also discussed how the residents
aren't prepared for emergencies. She emphasized how unsafe the intersection at San Miguel
and Spyglass Hill is and asked why this project is going out to bid.
M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
N. PLANNI_N_G COMMISSION AGENDA AND ORAL STATUS REPORT - None
19. PLANNING COMMISSION AGENDA FOR MAY 18, 2006. [100 -2006]
O. CONTINUED BUSINESS
20. CONTRACT FOR THE BIG CANYON CREEK RESTORATION PROJECT -
PHASE II (ENGINEERING, DESIGN, PERMITTING, AND FINAL
CONSTRUCTION DOCUMENTS) (C- 3593). [381100 -2006]
Council Member Ridgeway recused himself because he owns property adjacent to the
site.
Motionby_Council Member-, r to 1) authorize the Mayor to sign a
professional services agreement with WRC Consulting Services in an amount of
$698,595 to conduct design, engineering, permitting, and the preparation of
construction documents for the Big Canyon Creek Restoration Project; and 2)
authorize the City Manager or his designee to approve any change orders to the
WRC Consulting Services contract provided that such change orders do not exceed
10% ($70,000) of the contract cost and provided that previous budget authorization
for such expenditure exists.
In response to Council Member Nichols' questions, City Manager Bludau and
Assistant City Manager Kiff clarified that the contract is for plans, not to conduct
the project; the State wants to see the design specifications before issuing the grant;
and the City will need to continue the upkeep since the Big Canyon Nature Park is
the City's responsibility.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Daigle
Abstain: Council Member Ridgeway, Council Member Nichols
P. CURRENT BUSINESS (contd)
22. RESOLUTION NO. 2006 -39 RELATING TO THE FORMATION OF A CITY
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COUNCIL AD HOC COMMITTEE ON LEGISLATIVE ADVOCACY. [100-
2006]
Motion by Mayor Pro Tem Rosansky to 1) adopt Resolution No. 2006 -39 forming
the City Council Ad Hoc Committee on Legislative Advocacy; and 2) confirm the
Mayor's appointments of Mayor Webb, Mayor Pro Tem Rosansky, and Council
Member Curry to the Committee.
Dolores Otting requested and received clarification that the Ad Hoc Committee will
not be subject to the Brown Act and that its term expires December 31, 2006.
Council discussed how legislative advocacy has been handled in the past and
received confirmation that the Committee's recommendations for its legislative
platform goes before Council for public discussion and Council approval.
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
Noes: Council Member Nichols
23. ESTABLISHMENT OF AN AD HOC COMMITTEE FOR NEGOTIATING AN
AMENDMENT TO THE HOAG HOSPITAL DEVELOPMENT AGREEMENT.
[100 -2006]
Motion by Council Member. Curry_ to 1) adopt Resolution No. 2006 -40 creating an
Ad Hoc Committee for negotiating an amendment to the Hoag Hospital
Development Agreement to consist of two (2) Council Members; and 2) confirm the
Mayor's appointments of Mayor Pro Tem Rosansky and Council Member Selich to
the Committee.
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
24, RESPONSE TO THE STATE WATER RESOURCES CONTROL BOARD
( SWRCB) REGARDING THE NEWPORT BEACH MARINE LIFE REFUGE
AREA OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS). [100 -2006)
Motion_ by Cou_nci_1_Member_Ridgeway to 1) direct City staff to submit all
relevant data to the State Water Resources Control Board ( SWRCB) relating to the
Newport Beach MLR ASBS and the Irvine Coast MLR ASBS; 2) authorize the Mayor
to write a letter to the SWRCB stating the City's interest in working within the
SWRCB's Exception Process for the Newport Beach MLR ASBS provided that the
City's participation leads to an outcome within the Exception Process is reasonable
and attainable; and 3) authorize City staff to work with other communities adjacent
to ASBSs regarding ways to protect ASBSs from adverse discharges even if such
discharges do not meet the so -called "zero - molecule" (of pollutants) rule.
In response to Council Member Nichols' questions, Mayor Webb clarified that the
City is asking for an exception and for the SWRCB to be reasonable, knowing that
there are State regulations the City must follow. Assistant City Manager Kiff added
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City Council Minutes
May 23, 2006
that the City is already paying for much of the monitoring costs associated with
assisting Pelican Point in the installation of a storm drain -to -sewer diversion.
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
Q. MOTION FOR RECONSIDERATION
Motion by Council Member Ridgeway to reconsider Item 11.
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
11. REQUEST TO CONSTRUCT NON - STANDARD IMPROVEMENTS IN THE
PUBLIC RIGHT -OF- WAY -3431 OCEAN BOULEVARD. [100 -2006]
Lawrence Tabak, property owner, stated that, after six years, he still doesn't have a
building permit and believed that he has an approval in concept from General
Services and Gil Wong of Public Works. He indicated that the cars cannot be backed
out of the garage with the existing retaining wall and the new entrance cannot be
accessed without the proposed encroachments. He pointed out that the City built a
manhole and sewer line on his property and stated that he would grant the City an
easement for this work if he received concessions on his encroachments.
Public Works Director Badum noted that Mr. Wong could not authorize these types
of encroachments. He reported that Council already allowed the new building to
encroach into the front yard setback. He pointed out that the City has never allowed
gates because it's a public right -of -way and that the area adjacent to his entry is
Inspiration Point. Regarding the retaining wall, he stated that the City wouldn't
object to have them redone but what was proposed is more intrusive into the public
right -of -way. He emphasized that Mr. Tabak's proposed changes would give the
impression of a private compound. He confirmed that the sewer manhole is located
on the beach portion of his property, the City may want to relocate the line but
doesn't have to since it has been there since 1999, it is not part of the usable
property, and there is no connection between this issue and the requested
encroachments.
Mayor Webb pointed out that the City already granted Mr. Tabak an encroachment
into the front yard setback and that it is unreasonable to design the property to
further encroach into the public right -of -way. He noted that approvals in concept go
to the Coastal Commission.
Council requested that staff work with Mr. Tabak and come back with an update.
Motion by Mayor Webb to continue the item to the June 13, 2006 Council
meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
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City of Newport Beach
City Council Minutes
May 23, 2006
Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council
Member Nichols
R. ADJOURNMENT - at 11:50 p.m. to 3:00 p.m. on Tuesday, June 13, 2006.
The agenda for the Regular Meeting was posted on May 17, 2006, at 2:45 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
OC-LPNv-' j�l P
Recording Secretary
(2 Mayor
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