HomeMy WebLinkAbout03/09/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 9, 2010 — 7:00 p.m.
I. STUDY SESSION - Cancelled
II. CLOSED - 5:00 mm.
A. Conference _with Legal Counsel _- _Anticipated Litigation - Initiation Of
G
Liti ation overnment Code § 54956.9: One matter:
1. Potential initiation of litigation against on -line travel companies to recover
outstanding transient occupancy tax.
B. Public Employee Performance Evaluation (Government Code 6 54957(b) _(1))-
The City Council will meet in closed session to consider the appointment,
employment, evaluation of performance, discipline, or dismissal of one public
employee(s).
1. Titles: City Attorney
C. Conference with Labor Negotiators (Government Code § 54957.6):
Agency Designated Representatives: Bill Avery of Avery & Associates and Terri
Cassidy, Human Resources Director
Employee Organization: Multiple Newport Beach associations: Lifeguard
Management Association (LMA), Newport Beach Firefighters' Association (NBFA),
Police Management Association (PMA), Police Employees' Association (PEA) and
Fire Management Association (FMA)
D. Conference with Real Property Negotiator (Government Code § 54956.8)
Two properties
1. Property Access road to Sunset Ridge Park City Negotiator: Sharon
Wood, Assistant City Manager; Dave Webb, City Engineer
Negotiating Parties: Newport Banning Ranch
Under Negotiation: Acquisition of access road easement to Sunset Ridge
Park
2. Property SCE Parcel located at location of proposed Marina Park City
Negotiator: Dave Webb, City Engineer
Negotiating Parties. Southern California Edison
Under Negotiation: Potential acquisition of property for use in park project.
III. RECESS
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IV. RECONVENED AT 7;00 P.M._FOR REGULAR.M.EETING
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSEDSES_SION REPORT -None
VII. PLEDGE OF ALLEGIANCE - Council Member Selich
VIIL INVOCATION -Mr. Frank Carpenter
IX. _PRESENTATIONS
Proclamation to Santa Ana Heights Redevelopment Agency Project Advisory
Committee (PAC) - Mayor Curry read the proclamation and presented it to Tim Stoaks,
past Chairs, and PAC Committee Members.
Census 2010 - U.S. Census Bureau Representative Dwight Delgado utilized a PowerPoint
presentation to discuss the purpose of the census, confidentiality, safety, importance, key
dates, and targeted populations. Council Member Webb noted the genealogical significance
that census data holds.
Mayor Curry discussed the paper cranes which were a gift to the City of Newport Beach
from its Sister City, Osaka, Japan.
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR
REPORT (NON- DISCUSSION ITEM)
Council Member Daigle announced that the Airport Working Group's (AWG) annual meeting
will be March 10, 2010 at the Balboa Yacht Club. She also reported that she attended a
conference in San Diego that had a session about airport issues.
Council Member Gardner reported on Megonigal project outcomes. In response to her
requests for clarification, City Attorney Hunt commented on actions taken by the Office of
the City Attorney regarding recent Police personnel issues. City Manager Kiff noted that he
will provide Council with the City's demonstration/riot policy.
Mayor Pro Tem Henn thanked staff for their diligent follow -up and improved condition of the
Balboa Boulevard/PCH shopping center. He also reported on a press conference that he
attended with Council Member Gardner regarding an initiative that would prohibit the
State from taking money from local governments.
Council Member Rosansky reported that he and Council Member Selich will be bartending
at the Bungalow Restaurant on March 15 to raise money for the Newport Beach Film
Festival.
Mayor Curry reported on the Toshiba Golf Tournament which had a record attendance and
raised over $900,000 for Hoag Hospital, and noted his and Council Member Rosansky's
participation during Youth Government Day. He also discussed the role of technology to
improve efficiency in the City and recommended that a Citizen's Technology Task Force be
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formed.
XII. CONSENT CALENDAR
A. READING_OF MINUTES /ORDINANCES AND RESOLU_T.IONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND
REGULAR MEETING OF FEBRUARY 23, 2010. [100 -20101 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.
B. CONTRACTS AND AGREEMENTS
5. IRVINE AVENUE SIDEWALK WIDENING (C -4432) - AWARD OF
CONTRACT. [381100 -20101 a) Approve the project plans and specifications;
b) declare the apparent low bid by Pivot Group, Inc. to be non - responsive; c)
award Contract No. 4432 to S.J. Grigolla Construction Company, Inc. for
the total bid price of $86,920.00, and authorize the Mayor and the City Clerk
to execute the contract; and d) establish an amount of $8,700.00 (100/0) to
cover the cost of unforeseen work.
6. BALBOA PIER EMERGENCY REPAIRS (C4326) - COMPLETION
AND ACCEPTANCE. [381100 -20101 a) Accept the completed work and
authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance bond one year after
Council acceptance.
8. CITY CLERK FIRST AMENDMENT TO EMPLOYMENT
AGREEMENT (C4100). [381100- 20101 Approve the first amended
employment agreement with City Clerk Leilani Brown for a total base
compensation of $110,829.82.
C. MISCELLANEOUS
9. PLANNING COMMISSION AGENDA FOR MARCH 4,2010.[100-20101
Receive and file written report.
10. SECOND QUARTERLY REPORT ON PERFORMANCE MEASURES.
[100 -20101 Receive and file.
Motion by Mayor Pro Tern Henn seconded by Council Member Rosansky to approve
the Consent Calendar, except for the items removed (3, 4 and 7).
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
)III. ITEMS REMOVED FROM THE CONSENT CALENDAR
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3. TRANSFER OF EXCESS BONITA CANYON BOND FUNDS. [100 -20101
In response to Council Member Selich's question regarding giving funds back to the
school district, City Manager Kiff suggested exploring options such as designating a
Council Member to work with staff and the school district to discuss appropriate use
of funds. Without objection, Mayor Curry designated himself to work with staff.
Council Member Daigle noted the City's long partnership with the school
district and stated that many of the improvements would benefit the community.
Council Member Rosansky commented on the importance of making sure City needs
are met first.
Motion by Council Member Selich, seconded by Council Member Webb to
continue the item to the April 13, 2010 meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
4., TSUNAMI WARNING SYSTEM (C -4152) - AWARD OF CONTRACT. [381100-
20101
In response to Council Member Daigle's question, City Manager Kiff clarified what
residents should do in the event of a Tsunami warning and encouraged residents
to register their phone numbers at www.alertoe.com.
Mayor Pro Tem Henn suggested better communicating the evacuation plan for the
Peninsula and recommended advising residents on which television and radio
stations to tune to during an emergency.
Motion by Council Member Webb seconded by Mayor Pro Tem Henn to a)
approve the project drawings and specifications; b) award Contract No. 4152 to
International Line Builders, Inc. for the total bid price of $122,810.00, and authorize
the Mayor and the City Clerk to execute the contract; and c) establish an amount of
$12,281.00 (10 %) to cover the cost of unforeseen work.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem. Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
F. REVIEW OF SEAWALL INTEGRITY FOR BALBOA AND LITTLE BALBOA
ISLANDS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
WITH EVEREST INTERNATIONAL CONSULTANTS, INC. (C- 4497). [381100-
20101
Council Member Daigle discussed the internal auditor who will be looking closely at
billing.
In response to Council questions, Public Works Director Badum clarified IRS rates
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and discussed the scope and timing of the project
Motion by, Council Me_mbe_r Selich seconded by Council _Member _Webb to
approve a Professional Services Agreement with Everest International Consultants,
Inc. (Everest) of Long Beach, to conduct an assessment of the conditions of the
seawalls surrounding Balboa and Little Balboa Islands (Islands) at a contract price
of $116,931.00, and authorize the Mayor and City Clerk to execute the Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
XIV. ORAL.RE.PORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Henn reported on two items discussed by the Economic Development
Executive Committee: Belmare Shopping Center improvements and the group home
rehabilitation facility abatement at 1810 Oceanfront Avenue. He also reported that the
Finance Committee met to discuss the budget for fiscal year 2010/2011, a cost allocation
study program that may be run on a rolling basis, a presentation from an internal auditor,
and a feasibility study on a suggested owner - controlled insurance program for the new Civic
Center that has the potential for significant savings.
Council Member Daigle reported that the Citizen's Aviation Committee discussed impacts
from the DUKE -ONE RNAV procedures and the DUKE -TWO procedure.
Council Member Gardner noted that the Media and Communications Committee will be
bringing suggested policies to Council in April.
XV. PUBLIC HEARINGS
11. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE
TO UNIVERSAL WASTE SYSTEM, INC. /421100 -2010)
Mayor Curry opened the public hearing. Hearing no testimony, he closed
the public hearing.
Motion by Council Member Webb, seconded by Council Member Rosansky
to adopt Ordinance No. 2010 -4, awarding a non - exclusive solid waste collection
franchise to Universal Waste System, Inc.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
12. OLD NEWPORT BOULEVARD GENERAL PLAN AMENDMENT - 328, 832
AND 340 OLD NEWPORT BOULEVARD (PA2008 -047) - GENERAL PLAN
AMENDMENT NO. GP2008 -001 TO INCREASE THE ALLOWABLE FLOOR
AREA TO LAND AREA RATIO (FAR) FOR THE PROJECT SITE FROM 0.5
FAR TO 1.0 FAR; USE PERMIT NO. UP2009 -005 TO ALLOW AN ELEVATOR
AND STAIRWELL ENCLOSURE TO EXCEED THE 32 -FOOT BASE HEIGHT
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LIMIT); MODIFICATION PERMIT NO. MD2009 -016 TO ALLOW THE
PROPOSED SUBTERRANEAN PARKING REA TO ENCROACH 3 FEET
INTO THE 5 FOOT REAR YARD SETBACK; TRAFFIC STUDY NO. TS2009-
002 PURSUANT TO THE CITY S TRAFFIC PHASING ORDINANCE; AND A
SEVEN SPACE OFF - STREET PARKING CREDIT COMMENSURATE WITH
THE NUMBER OF ON- STREET PARKING SPACES AVAILABLE LONG
THE PROJECT FRONTAGE. [100 -2010[
Associate Planner Murillo utilized the staff report to clarify the applicant's request,
provide a brief background, and note required approvals.
Mayor Curry opened the public hearing.
Dr. Emanuel Shaoulian, applicant, utilized a PowerPoint presentation to discuss his
background, the requested project plan, how existing problems would be fixed, and
existing site conditions, and introduced his project team.
Architect Michael Swain utilized a PowerPoint presentation to discuss the building
and architectural details of the project.
Planner /Developer Bill Holman discussed parking, traffic, and land use
compatibility issues.
Philip Lugar expressed support for the project.
Jay Vanderwal expressed concern with the height and length of the proposed
building.
Tom Baker expressed concern for the neighborhood's quality of life if the project is
approved and requested clarification about the amendments.
Mark Abrams expressed concern over the project and felt it is not compatible with
the neighborhood.
Eric Sanders expressed opposition to the project and believed that the project does
not comply with the General Plan.
Tom Adams expressed concern relative to the size of the building for the
neighborhood and increased traffic.
Barbara Rawlings expressed support for the project.
Fred Rawlins opposed the project and discussed increased traffic and possible traffic
hazards.
Lu Anne Baker read a letter from resident Margaret Chapman opposing the project
Joy Sanders discussed the need for a designated on -site smoking area and expressed
concern for traffic safety.
Katie Sanders expressed concern for increased traffic.
Stewart Wheaton expressed concern for traffic safety in the area and traffic pattern
changes.
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Joe Disell expressed concern for parking congestion and traffic safety
Richard Walton opposed the project and believed it would deteriorate the quality of
life in the neighborhood.
Christine Drage expressed concern for the size of the project with the neighborhood.
Don Krotee expressed support for the project. In response to Council Member
Gardner's question, he discussed the transition in that area.
Michael Brickman opposed the project, believed it would not set a good precedent if
approved, and asked audience members to stand in opposition.
Anthony Budawano expressed concern for traffic safety and parking congestion.
Dr. Emanuel Shaoulian believed that this is an all or nothing project and that
he will try to decrease the impacts on the neighborhood.
Hearing no further testimony, Mayor Curry closed the public hearing.
In response to Council questions, Architect Michael Swain discussed height,
lighting, handicap parking, surface finishes in the parking garage, and the
articulation of the alley wall.
In response to Council Member Gardner's question, Associate Planner Murillo
discussed the .75 FAR suggestion by staff.
In response to Council Member Gardner's question, Assistant City Manager Wood
discussed what the possibility is for development of the other properties in the area.
Council Member Webb believed that the findings are flawed and discussed the scale
of the project, doubling of the floor area, the building height, the backside of
the building that residents will be viewing, parking issues, underground
encroachment, and utility undergrounding. He opposed the project and believed it
would be too big and out of character with the neighborhood. He also requested
adding a finding that this approval does not set a precedent for future developments
in the area.
Council Member Rosansky discussed lot consolidation, zoning, project benefits, the
height of the building, and buffering. He expressed support for the project and felt it
would be a catalyst for redevelopment in the area. He also believed that there is
no need for opaque windows at the back of the building and that light dimmers will
be sufficient.
Council Member Gardner suggested additional conditions to the project, such as
ensuring that trash is picked up by 7:00 p.m., the installation of automatic shades on
the windows in the alley, and providing sufficient landscaping.
Council Member Webb requested to add a condition regarding site distance from the
southerly driveway and parking at the neighboring business.
Council Member Selich expressed support for Council Member Rosansky's comments
and believed that this building opportunity should proceed.
Mayor Curry noted the hard work of the applicant and expressed support for the
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project.
Motion by Council Member Rosanskv, secon_.ded. by Council Member Selich
to a) adopt amended Resolution No. 2010 -21, with the addition of the conditions
regarding trash pickup and parking, and documenting the following City Actions: 1)
adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and
Reporting Program; 2) find that, based on the weight of the evidence in the
administrative record, including Traffic Study No. TX2009 -002, that the Project
complies with the Traffic Phasing Ordinance; 3) approve General Plan Amendment
No. GP2008 -001 increasing the allowable FAR for the site to 1.0; and 4) approve Use
Permit No. UP2009 -005, Modification Permit No. MD2009 -016 and the requested
off - street parking credit.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Gardner, Council Member Daigle
Noes: Council Member Webb
XVI. PUBLIC COMMENTS
XVII.
Barbara Hughes requested assistance from Council regarding her problems she has been
dealing with relative to parking citations and towing. City Manager Riff requested and
received Ms.Hughes' contact information in order to forward it to the appropriate
department.
Don Xrotee expressed concern for the temporary look of the traffic circle at Clay Street.
13.. SUNSET RIDGE PARK - APPROVAL OF AMENDMENT NO. 3 WITH EPT
DESIGN FOR ADDITIONAL FINAL DESIGN SERVICES AND
AMENDMENT NO. 2 WITH BONTERRA CONSULTING FOR ADDITIONAL
ENVIRONMENTAL SERVICES (C- 3449). [381100 -2010]
Council Member Daigle requested and received clarification regarding the
timeframe to respond to comments.
Motion by Council Member Webb seconded by Mayor Pro Tem Henn to
approve Amendment No. 3 to Professional Services Agreement (PSA) with EPT
Design of Irvine for Landscape Architectural Services for preparation of the Sunset
Ridge Final Design at a not to exceed price of $71;660, and authorize the Mayor and
City Clerk to execute the Amendment; and b) approve Amendment No. 2 to
Professional Services Agreement (PSA) with BonTerra Consulting of Costa Mesa for
environmental document preparation for the Sunset Ridge Park project at a not to
exceed price of $85,000, and authorize the Mayor and City Clerk to execute the
Agreement.
The motion carried by the following roll call vote: f
Ayes: Council Member Selich, Council Member,Rosansky, Mayor Pro Tem. Henn,
Mayor Curry, Council Member Webb, Council Member Gardner, Council
Member Daigle
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XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT - 9:42 p.m.
The agenda for the Regular Meeting was posted on March 3, 2010 at 1:45 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
aiLIA��L
Recording Secretary
Mayor
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City Clerk
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