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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 )-: Volume 57 - Page 772 City of Newport Beach City Council Minutes August 22, 2006 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). Volume 57 - Page 773 City of Newport Beach _ City Council Minutes August 22, 2006 [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 Volume 57 - Page 774 City of Newport Beach City Council Minutes August 22, 2006 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 Volume 57 - Page 775 City of Newport Beach City Council Minutes August 22, 2006 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 (2 U, Mayor O 4d a fix Cit y Clerk �• "� � �+ s 1A Volume 57 - Page 776