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Home My WebLink About01 - Minutes - 12-11-2006 & 12-12-2006Agenda Item No. January 9, 2007 CITY OF NEWPORT BEACH City Council Minutes City Council Reorganization Meeting pecember 11, 2006 — 6:00 p.m. A. RE&ONVENED AT 6:10 P.M. FOR THE ADJOURNED REGULAR MEETING B. ROLL CALL Present: Council Member Curry, Council Member Selich Mayor Tem Rosanaky, Mayor Webb, Council Member Ridgeway, Council Member Daigre Member Nichols C. PLEDGE OF ALLEGIANCE - Mayor Webb D. INVOCATION - Reverend Dr. George R. isp t Church the Sea United Methodist E. PRESENTATIONS Presentation to Marie Knight in T for her L ership on Centennial Year events - Mayor Webb presented former Re ati d Se Services Director Knight with a proclamation, flowers, and a 19M coin. s. Kni he City Council, Centennial Steering Committee, volunteers, Ci staff, and t Lion enior Services Department. AOWV Presentation by or bb - M ebb presented his wife, Jan, with a proclamation and flowers. WagXojigcii Members Tod Ridgeway and Richard Nichols b pre nted Council Member Nichols with a proclamation, the Council Member Ridgeway with a proclamation, tile plaque, dock, community leaders and public officials. behalf of Senator Harman's office, presented State Resolutions to outgoing As and Ridgeway. John Heffernan thanked the Council Members for all the time they give to the City. Remarks by outgoing Council Members Tod Ridgeway and Richard Nichols. Council Member Nichols thanked his supporters, his wife and two sons, and discussed his term on the City Council. Council Member Ridgeway congratulated Council Member Nichols for serving the City well. He stated that he is thankful that the City trusted him to be on the Planning Commission for six years and on the City Council for two terms, and discussed his terms on the City Council. He emphasized that everything he and Council did was for the betterment of the community. He thanked his wife and three children, City staff, and the Boards and Commissions. Volume 57 - Page 862 City of Newport Beach City Council Reorganization Meeting December 11, 2006 I . a �� 1. 2. 4111 CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS. Motion by Mayor Pro Tem Rosansky to adopt Resolution No. 2006 -103 declaring the results of the General Municipal Election held on November 7, 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 ADMINISTRATION OF OATH OF OFFICE. si City Clerk Harkless called newly re- elected Council r Don Webb and elected Council Members Leslie Daigle, Keith Curry, Michael and Nancy Gardner forward. She then administered the Oath of Office preacrib y th tate Constitution to elected officials and presented a Certificate of Election tgo ch Coun ember. The newly re- elected and elected Council ELECTION OF MAYOR. The City Clerk, in presiding, pj&ced all nominate and elect. Council Member Selich nomina d Coun The m Ayes: Mayor 4. LEC close the follownk roll call vote: seated at%e Council dais. of the City Council on an equal basis to for Mayor. and vote for Mayor. Member Selich, Council Member Rosansky, Council r Henn, Council Member Daigle, Council Member proper place at the Council table. MAYOR PRO TEM. in presiding, placed all members of the City Council on an equal basis to I elect. Council Member Webb nominated Council Member Selich for Mayor Pro Tem. Motion by Council Member Ourry to close nominations and vote for Mayor Pro Tem. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Council Member Webb, Mayor Rosansky, Council Member Henn, Council Member Daigle, Council Member Gardner Mayor Pro Tem Selich took his proper place at the Council dais. Volume 57 - Page 863 City of Newport Beach City Council Reorganization Meeting December 11, 2006 S. SEATING ARRANGEMENTS FOR CITY COUNCIL. The Council Members decided on the seating arrangement for the Council dais, with the senior Council Members having first preference. The following seating order was determined (left to right): Henn - Curry - Selich - Rosansky - Webb - Daigle - Gardner 6. REMARKS. Presentation of Gavel Plaque to Outgoing Mayor - Mayor Rosansky presented the gavel plaque to outgoing "Centennial Mayor" Webb. Outgoing Mayor's Remarks - Outgoing Mayor Webb introdu wife and two sons - He thanked his friends, campaign treasurer, the City Co or selecting him as Mayor during the City's Centennial year, and staff for their A. also thanked the citizens for electing him to a second term. He discussed so of the prod that occurred while he was on Council and thanked outgoing Coun ' em rs Nichols d Ridgeway for their service. He congratulated Mayor Ros d or Pro Tem S for being selected this year and congratulated Council Mem Daigle, Henn, Gardner for being elected. New Mayor's Remarks - Ma nsky ed everyone in the audience for sharing tonight with Council. He in uce wife, go, sister, brother, mother -in -law, and three rows of 0 Boy Sco ts. He his Council colleagues for selecting him as M an discussed th ork a or Council. He recognized former Assembl an rian Ber and former Mayors Steve Bromberg, Jan Debay, Dennis O Ev yn Hart, an ohn Heffernan - e fro ew e- elected Council Members. Mayor Pr em Y Council for selecting him as Mayor Pro Tem, those that ted for election opponent, campaign committee, and campaign treasurer a arked his daughter and son -in -law for attending tonight's meeting - He belie d that ill be the best Council that the City has had in many years. lbuoffi Member Daigle expressed her appreciation for the confidence the City has placed jKer. She expressed the importance of the General Plan and the City's relationships with outside entities. She thanked everyone who was part of the election process and expressed her commitment to working toward the betterment of the City. Council Member Curry commended Council Members Ridgeway, Nichols, and Webb for their service. He thanked his wife and daughter, campaign supporters; the organizations and individuals that endorsed him, and City staff. He stated that he is proud to serve with this Council and discussed the issues and projects facing the City Council in the upcoming years. Council Member Gardner introduced her husband and daughter. She thanked her campaign supporters and Phillip Lugar for being Co -Chair with her on the General Plan Advisory Committee (GPAC). Volume 57 - Page 864 City of Newport Beach City Council Reorganization Meeting December 11, 2006 Council Member Henn thanked his family, friends, fellow Planning Commissioners, the citizens who voted for him, and the organizations and individuals that endorsed him. He also thanked Tod Ridgeway for his tireless dedication to the community, especially to District 1. He pledged to be faithful to the General Plan and to bring it to life for the betterment of everyone, and pledged to be objective and honest about the issues and to listen to the citizens. Dolores Otting congratulated everyone. She stated that she will miss having Tod Ridgeway on the City Council and thanked Richard Nichols for his dedication and time. Bernie Svalstad discussed the McFadden Legacy Project which willemorate the City's 100 years and encouraged everyone to purchase their squares. H. ADJOURNMENT - 7:50 p.m. The agenda for the Regular Meeting was ppostedAh Decembel% 2006, at 2:45 p.m. on the City Hall Bulletin Board o faeopf the Cit3kof Newport Beach Administration Building. Re g retary 41c, - AN Volume 57 - Page 865 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting . December 12, 2006 — 7:00 p.m. STUDY SESSION - Cancelled AB1284 ETHIC_ S_TRAI IING - 4:00 - 6:00 p.m CLOSED SESSION - 6:00 p.m A. RECESSED AND RECONVENED AT C. D. E. F. G. H. Present: Council Member Henn, Council Mc Rosansky, Council Member Webb, Gardner A CLOSED SESSION_ REPORT - None INVOCATION - Pastor m Selich, Mayor Council Member Harbor Lutheran Church n oT Check - Tom Edwards, President of. the Library a check for $121,650. Council Member Webb welcomed Troop 746 from the Latter Day Saints Church who are working on their citizenship merit badge. Council Member Curry noted that contributing to the McFadden Square Project is tax deductible. Mayor Pro Tem Selich requested that a future agenda item relative to a phased development of Newport Center Park come back before Council no later than January 23rd. Council Member Webb requested that the staff report include the feasibility and cost of a soccer field in the upper area and that the sports organizations be contacted relative to the need for active fields. Mayor Rosansky announced that the Operation Christmas Toy Drive will be held on December 14th from 10:00 a.m. to 11:00 a.m. Volume 57 - Page 866 City of Newport Beach City Council Minutes December 12, 2006 Mayor Rosansky requested that staff bring back a staff report in January 2007 to form a committee to look at dense residential occupancy, particularly as it relates to sober living facilities, group homes, and over- occupied properties. I. CONSENT CALENDAR RREADING OF MIND E O INANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR. MEETING OF NOVEMBER 28, 2006. [100- 2006] Waive .reading of subject minutes, amend page 860 to reflect that Council Member Ridgeway made the motion and not Council Member Curry, and order Sled. 2. READING OF ORDINANCES AND RESOLUTIONS. War reading in frill of all ordinances and resolutions under consideration, and dire ct Clerk to read by title only. ORDINANCES FOR ADOPTION S. INDEMNIFICATION FROM THIRD ARTY LENGES TO CALIFORNIA ENVIRONMENTAL QU, ACT DE NATIONS AND OTHER DISCRETIONARY APPROV S. 0 0061 A t Ordinance No. 2006 -26. RESOLUTIONS FOR ADOPTION 4. RESOLUTION AD G R RD ETENTION SCHEDULES AND AUTHO TI F DE CTION OF CERTAIN CITY RECORDS. [3 E0 J Ad solution No. 2006 -104 adopting the revised records retenti d and a g the destruction of certain City records. 5. RE DE GA AUTHORITY TO THE CITY MANAGER TO ROVE GR SUPPLEMENTS WITH CALTRANS FOR LOCAL TANCE RAN RTATION PROJECTS. [100 -20061 Adopt Resolution o. 6 -105 elegating authority to the City Manager to execute master agre nts, p m supplemental agreements, fund exchange agreements and/or fund agreements with Caltrans for Local Assistance Transportation CONTRACTS AND AC'.REEMENTS 6. EXTENSION OF A JOINT POWERS AGREEMENT (JPA) FOR MOORING ADMINISTRATION (C- 2241). [381100 -20061 Approve the extension of the JPA (D89 -035) with the County of Orange for mooring administration for two (2) additional years. 7. JAMBOREE ROAD/MACARTHUR BOULEVARD TRAFFIC SIGNAL CABINET RELOCATION - AWARD OF CONTRACT (C- 3886). [381100 -20061 Reject all bids. 8. 2006 -2007 CITYWIDE STREET, PARKING LOT, AND STORM DRAIN IMPROVEMENTS - AWARD OF CONTRACT (C- 3793). [381100 -20061 1) Approve the plans and specifications; 2) award the contract (C -3793) to All American Asphalt for the total bid price of $1,392,333.50, and authorize the Mayor 'and City Volume 67 - Page 867 City of Newport Beach City Council Minutes December 12, 2006 Clerk to execute the contract; 3) establish an amount of $147,000 to cover the cost of unforeseen work and an amount of $30,589 for geotechnical/materials testing services for the entire project and $32,000 for irrigation improvements and electrical repairs within the Corona del Mar (CdM) Main Street Beach Parking Lot; 4) approve a budget amendment (07BA -035) in the amount of $202,358 from unappropriated General Fund balance to Account No. 7013- C5100019 - Street, Bikeway and Parking Lot Improvements; and $ 320,000 from unappropriated Traffic Congestion Relief Fund into the following three accounts: 7191- C5100857 ($90,932) - Spyglass and Harbor View Hills South Pavement Rehabilitation, 7191- C5100886 ($63,845) - 15th Street Rehabilitation and 7191- C5100829 ($165,223) - West Bay Avenue Street Rehabilitation; and 5) approve a budget amendment (07BA -035) transferring $46,770 from FY 05/06 Sidewalk Curb Gutter Replacement project (7013- C3140850) to the Street, Bikeway and Parking Lot Improvements project (7013- C5100019). 9. JAMBOREE ROAD REHABILITATION FROM Sr JO N HILLS ROAD TO FORD ROAD - COMPLETION AND ACCEPT F CONTRACT (C- 3826). [381100 -2006] 1) Accept the work; 2) authori Clerk to file a Notice of Completion; 3) authorize the City Clerk to rel e L and Materials bond 35 days after the Notice of Completion en record in accordance with applicable portions of the Civil Code; 4) re he F 'thful ormance Bond one year after Council acceptance; and 5) ap ro at am ent (07BA -034) transferring $29,736.18 from the d and g funds om the 2005 -2006 Citywide Slurry Seal Program M back CIP Account No. 7281 - 05100858 to Account No. 7281 -051 10. CORPORATION Y UILDI P ION AND ACCEPTANCE OF CONTRACT 6 . [8 -20061 Accept the work; 2) authorize the City Clerk to fil oti f Co p "on; 3) authorize the City Clerk to release the Labor and Ma 5 day the Notice of Completion has been recorded in a th rtione of the Civil Code; 4) release the Faithful Pe ance d o year r Council acceptance; and 5) approve a budget dment (0 A -03 appropriating $44,900 from unappropriated Equipment Servi fund ce to Account No. 7611- C6120725 to cover extra costs .,,r t roject. 11. CI URRY SEAL PROGRAM - FY2005 -2006 - COMPLETION AND ACCE CE OF CONTRACT (C- 3800). [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 year after Council acceptance. MISCELLANEOUS 12. REQUEST WAIVER OF COUNCIL POLICY B-8 - BIKE, FOOT RACE AND . SURF CONTEST EVENT FOR NEWPORT HARBOR HIGH SCHOOL (NHHS) TO HOLD A SURF CONTEST. [100 -20061 Withdrawn at the request of the applicant. 13. BUDGET AMENDMENT - CONTRACT CLASSES. [100.20061 Approve a budget amendment (07BA -031) to increase Revenue by $378,000 and Expenditures by $332,968. Volume 57 - Page 868 City of Newport Beach City Council Minutes December 12, 2006 14. APPOINTMENT OF ARLENE GREER TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). [700 -2006] Confirm Council Member Curry's appointment of Arlene Greer to EQAC. 15. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY 2006/2007 EXPENDITURE ACCOUNTS. [700 -2006] Approve a budget amendment (07BA -032) to increase revenue estimates by $121,650 in Account No. 4090 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation) and 4060 (Literacy). 16. NEWPORT BEACH RESTAURANT WEEK BANNERS - APPROVAL OF ENCROACHMENT PERMIT NO.. N2006-0554. [700 -2006] Conditionally approve the request of the Newport Beach Restaurant ociation for the installation of 100 banners, from December 13, 2006 to J 26, 2007, for the inaugural Newport Beach Restaurant Week (inetalla ' will be along Coast Highway between MacArthur Boulevard and Dov Newport Boulevard between Hospital Road and 32nd Street, Jam Re north of East Coast Highway, and MacArthur Boulevard north of t Hig y). Motion by Mayor Pro Tom Selich to a th neat lender, noting the correction and abstentions on Item Council ers Curry, enn and Gardner, and the withdrawal of Item 12. The motion carried by the foll owm vote: Ayes: Council Me Co em Mayor Pro Tem Selich .Mayor Roseneky uncil emb ebb, Council Member Daigle, Council Member Gardner 4 J. ITEMS RE MiE_ _ NT CALENDAR - None. K. 17. IDAIWARE ROGULATIONS (PA 2006 -211) - CODE AMENDMENT NO. 2006- 007 -1p. RE SE THE LAND USE REGULATIONS TO DISTINGUISH DAY CAREECEPTERS FOR CHILDREN AND THOSE FOR ADULTS AND ESTABOM SPACING, CONCENTRATION, PARKING, AND OPERATIONAL STANDARDS FOR LARGE FAMILY CHILD CARE HOMES. [700 -2006] Senior Planner Alford provided the staff report, explaining the amendments to the zoning code to allow the City to take full advantage of the standards that are allowed for large family child care homes under the California Child Care/Day Care Facilities Act. Mayor Rosansky opened the public hearing. Joe Garrett expressed support for the regulations and expressed concern relative to the lack of regulations for small day care facilities. Senior Planner Alford reported that State law only allows the City to apply spacing, parking, and noise requirements to large day care facilities; however, the ordinance applies to small and large day care facilities as it relates to licensing, the care provider's Volume 57 - Page 869 City of Newport Beach City Council Minutes December 12, 2006 L. M. N. O. residence, and additional standards. Dick Nichols stated that he called the State of California on the day care matter and they stated that they would not issue two licenses on the same property. It doesn't apply to apartment buildings because two licenses can not be issued when the entrance is shared. He suggested that a follow up be done to see if it would work in Newport Beach. Mayor Rosansky closed the public hearing. Motion by Council Member Webb to introduce Ordinance No. 2006 -27 approving Code Amendment No. 2006 -007, and pass to second reading on January 9, 2007. PUBLIC.0099MENTS Stephanie Murguia announced that Leadership Tomorrow is Excellence in Community Leadership award. Council Member Webb suggested that the for the R'EE ACIRMTIES , - None. reviewedli modified. 18. PLANNING COMMISSION AG OR I5RVMBER 7, 2006. [100 -20061 Interim FaV g D' r Lepo o the wing Planning Commission items: ' t LLC ) - 407, 409, 411 and 413 31st Street; Is Ho a 004 -123) 149 9 and 1515 Monrovia Avenue; Newp rewing parry (Use Permit No. 3485) - 2920 Newport Boulev o A2001 -210) - 2300 Newport Boulevard; Hoag He re r 0 - 500 -540 Superior Avenue; and Janet and James .e Ray en 006 -247) - 15 Bay Island. CURR USINES 19. RES C ND RECREATION MANAGEMENT PLAN FOR BUCK GULLY; AUT TION TO CONTRACT WITH THE IRVINE RANCH LAND RESE TRUST (IRLRT) (C- 3905); BUDGET AMENDMENT OF $199,875. [38/100 -20061 City Manager Homer Bludau asked to continue this item indefinitely. Motion by Mavor Pro Tem Selich to continue this item indefinitely. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pm Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 20. GENERAL PLAN IMPLEMENTATION, COMPLETION OF LOCAL COASTAL PROGRAM AND APPOINTMENT OF AN AD HOC IMPLEMENTATION COMMITTEE. [681100 -20061 Volume 57 - Page 870 City of Newport Beach City Council Minutes December 12, 2006 Assistant City Manager Wood presented a PowerPoint presentation relative to the implementation of the new General Plan. She discussed the 18 month exemption period for single family and two family developments and which entity may become the reviewing authority. After discussion it was decided that an ordinance to limit the exemption to three months would satisfy the requirement to comply with the new General Plan Policy. Mayor Pro Tem Selich suggested allowing the property owners to write their own specific plan regulations and bring it before the City for evaluation. Council Member Webb expressed concern relative to the 18 -month moratorium and believed that the City should work within the boundaries of the new General Plan and begin crafting a workable zoning code. Assistant City Manager Wood reported that staff recommends forming an Ad Hoc Implementation Committee and discussed the commit e's makeup and duties. Discussion ensued relative to the importance of public treach during this process. Dr. Emanuel Shaoulian provided a handout and ex ncern relative to how the zoning changes are impacting his project Id ort Boulevard and requested a continuance or that a commi a formed look at the special circumstances. Brion Jeannette noted that he wa the Sp Ian Com ttee and currently sits on the Economic Development mittee, discussed combining lots/mixed uses to help revitalize Old Newpor o d. H pported forming the committee and offered his services on the coin i Council Member b q ation the ne General Plan changes relate to Old Newport Blvd. spo a to cil Member Webb's question, Assistant City Manager Wood t th eral Plan does not allow mixed use and limits the fl o 7 on Old Newport Boulevard. 'd Diamon u d that grandfathering be limited to projects that already use pe c Sch representing the Orange County ENT Group, said he was not notifi f changes to the Zoning code until they submitted a mixed use project packet a City. Staff directed them to present the issue to Council to ask for consideration because their plans are now inconsistent with the zoning code. City Attorney Clauson stated that the property owners would have to file for a General Plan Amendment or Council could consider zoning incentives. Assistant City Manager Wood stated that the City conducted hearings that were advertised in The Daily Pilot on a weekly basis prior to the approval of the General Plan. Council finalized the General Plan on July 25th. Mr. Schafer stated that their project was submitted in April. Kevin Quick stated that he and business owners in that area did not know about the changes to the General Plan. He hoped that Council would give the area special consideration. Assistant City Manager Wood summarized the direction provided by Council. Motion by Mayes Pro Tem Selich to prepare an interim Ordinance that would Volume 57 - Page 871 City of Newport Beach City Council Minutes December 12, 2006 prohibit uses and developments that are inconsistent with the new General Plan; to include a grandfathered provision for projects that had City discretionary approval consistent with the General Plan and zoning prior to November 7, 2006; the interim ordinance would require compliance with new General Plan policies with an exemption for single and two - family developments until April 1, 2007; the interim ordinance would also establish a temporary review process for uses and developments that are consistent with the new General Plan but not consistent with the existing zoning code; and establish the committee as proposed by staff. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner k Mo ion by Council Member Webb to adopt Resolution 006 -106, as amended to `add public participation as a duty of the oommi blishing the General Plan/Local Coastal Program Implementation Com an upsetting the General Plan Update Committee, General Plan Ad ' Co" the Local Coastal Program Certification Committee, and the oc Commi for revisions to the Zoning Code; and approve the Mayor's app nt o City Co ' Members Selich (Chair), Daigle, and Rosansky to the omn ittee The motion carried by the followin vo Ayes: Council Member nn, Cc C ayor Pro Tem Selich, Mayor Rosansky, C ember M ber Daigle, Council Member Gardner 21. VHTI I1FDC COMMITTEE FOR NEGOTIATING A T FOR THE HYATT REGENCY NEWPORT ROPOSAL..[I00 -8006] nage heron Wood st ated that it is standard procedure for the ting Development Agreements to have two council members work applicant Mayor Rosansky recommended himself and Mayor Pro Motion by Council Member Curry to 1) adopt Resolution No. 2006 -107 creating an Ad Hoc Committee for negotiating a possible Development Agreement between the City and the Sunstone Hotel Investors, Inc. to consist of two (2) Council Members; and 2) to confirm the Mayor's appointments of Mayor Rosansky and Mayor Pro Tem Selich to the Committee. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner P. MOTION FOR RECONSIDERATION - None. Q. ADJOURNMENT - at 8:50 p.m. Volume 57 - Page 872 City of Newport Beach City Council Minutes December 12, 2006 The agenda for the Regular Meeting was posted on December 6, 2006, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City CI- -' Recording Secretary Mayor Volume 57 - Page 878