HomeMy WebLinkAbout01 - Minutes - 04-25-2006City Counc,i2
May 9, 2006
Agenda Item
CITY OF NEWPORT ]BEACH
City Council Minutes
Study Session
April 25, 2006 — 4:00 p.m.
ROLL CALL
DRAFT
Meeting
No
Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle
Absent: Council Member Nichols
(Council Member Nichols arrived at 4:40 p.m.)
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Curry asked if the paving of the Corona del Mar High School
parking lot, as addressed in Item No. 16, is at the discretion of the City. City
Manager Bludau responded by stating that it's not a legal responsibility, but
noted that the City does have the money set aside to improve safety and
circulation in the area. Council Member Ridgeway confirmed with Public Works
Director Badum that he would be providing a map prior to the evening meeting to
illustrate the project.
Council Member Selich noted that the action on Item No. 12, Newport Coast
Community Center and Santa Ana Heights Fire Station Professional Services
Agreement, would be taking place before the award of the construction contract
for the community center, Item No. 27. Public Works Director Badum explained
that the management contract is setup so that the amount can later be changed,
if necessary.
2. CENTENNIAL COMMEMORATIVE PROJECT AT MCFADDEN SQUARE.
(loo -20061
Recreation & Senior Services Director Knight stated that the Centennial
Sponsorship Development Committee made the suggestion that there be a way to
permanently recognize the supporters, sponsors and donors of the City's
Centennial celebration. She stated that discussions began a year ago and
McFadden Square was chosen as the potential location for such a project since it
is where Newport Beach began. She stated that two phases have been
developed and the Centennial Steering Committee is supportive of doing at least
the first phase. She stressed that the project is at the conceptual stage only, and
that staff is looking for input and direction from the City Council.
Kirwan Rockefeller, Chair of the City Arts Commission, stated that the
Commission has been involved in the project and utilized Council Policy I -9, Art
in Public Places, throughout the process. He noted that the design concept has
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City of Newport Beach
Study Session Minutes
April 25, 2006
undergone several months of thought, philosophically and aesthetically
Using a PowerPoint presentation, Ray Price, Peridian International, displayed an
aerial photo showing where McFadden Square is and a site plan of the existing
conditions at McFadden Square, as well as existing site photos. He then
displayed the design concept for Phase One of the McFadden Square Donor
Recognition Project, which would include a labyrinth with a historical timeline
and a sculptural element. He displayed photos of typical labyrinths and
sculptural elements, and a site plan showing how the plaza would look upon the
completion of Phase One.
The concept would also include granite pavers, a granite band with donor names
and a seat wall with plaques for major donors. He displayed artist renderings of
the Phase One concept from various angles and photos of typical granite paving.
Mr. Price stated that Phase Two expands the concept with additional concrete
rings and interlocking pavers farther out into the plaza area. Palm trees,
benches and tables would also be added in Phase Two. He displayed photos of
typical pavers and palm trees, as well as artist renderings illustrating the
completion of Phase Two from various angles.
Council Member Selich complimented the work done by Peridian International
and the City Arts Commission, and expressed his support for the Phase One
fundraising efforts to begin.
Mayor Webb noted that Phase One is estimated to cost $491,000, and Phase Two
an additional $1.4 million. Mr. Price stated that those are preliminary numbers,
and noted that the logistics of demolition and construction in a public plaza area
contributes to the expense. In response to Mayor Webb's question, Mr.
Price confirmed that the red hues were chosen since they already exist in the
area and added that the labyrinth . would be in more of a gray tone. It was
discussed how well the granite and pavers will withstand the test of time, and
that the pavers can be replaced and repaired when needed.
In response to Council Member Selich's question, Recreation & Senior Services
Director Knight stated that the idea of forming an ad hoc fundraising committee
has been discussed, with the intent of having Phase One funded by private
donations. She stated that several people have already expressed an interest in
serving on a fundraising committee.
Mayor Webb confirmed that the project would not begin until the funds had been
raised. In response to Council Member Selich's question, Recreation & Senior
Services Director Knight stated that it is not known how long the fundraising
efforts will take.
In response to Council Member Curry's question, Mr. Price stated that
construction would be expected to take four to five months, if it occurred during
the fall and winter months. He added that the source of the materials has not
been determined, but that the engraving would be done locally. In response to
Council Member Selich's question, he stated that it would be desirable to have a
local artist design the sphere, and that possibly the City Arts Commission could
be involved in the selection process. It was mentioned that the artist may also be
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Study Session Minutes
April 25, 2006
willing to donate their time in exchange for the recognition
Council Member Ridgeway also complimented the work done to date and
expressed his support for the project. He encouraged the fundraising to
commence, and expressed confidence that the timeless and elegant nature of the
project would be appealing to donors.
Council Member Nichols joined the meeting at 4:40 p.m.
Council Member Curry commended the City Arts Commission and asked if there
was a vehicle established for the fundraising efforts. Recreation & Senior
Services Director Knight stated that it would be handled through the trust fund
that's been established for the Centennial. Council Member Daigle offered her
assistance.
Mayor Webb stated that there appears to be unanimous support from the City
Council for Phase One.
3. PROPOSED CITY COUNCIL POLICY B -17 /PARES, FACILITIES AND
RECREATION PROGRAM DONATIONS.
City Manager Bludau noted that the matter is also on the evening meeting's
agenda, Item No. 18. General Services Director Harmon provided a brief staff
report and information on the City's history of accepting donations. He stated
that the proposed policy combines all parks, public improvement, facilities and
recreation donations into one Citywide donation policy. He noted that the
proposed policy has been approved by the Parks, Beaches &
Recreation Commission.
Council Member Selich confirmed that what was recently done on Balboa Island
is consistent with the proposed policy. Council Member Ridgeway requested that
Policy G -5, Park & Street Improvement Donations, which is the policy that is
being recommended for deletion upon approval of the proposed policy, be provided
to the City Council prior to the evening meeting. He also stated that he'd like to
raise the City's standards on donations and doesn't feel that the proposed policy
does so. He expressed his concern for "plaque clutter" and his disagreement with
allowing plaques larger than 2" x 6 ". Mayor Webb disagreed that the proposed
policy would create plaque clutter.
Council Member Daigle asked for an explanation of Section H(3)(iii) of the
proposed policy, and Mayor Webb stated that it provides a way to recognize long-
term City employees and those that have made significant contributions to the
City. He stated that locations would have to be approved by staff and the
designs by the Parks, Beaches & Recreation Commission.
Council Member Daigle agreed with Council Member Ridgeway and expressed
her concern for the visual impact the proposed policy would have on the
community. She also questioned the need for the City to be so aggressive in
increasing revenues. In response to her question, Administrative Services
Director Danner stated that the General Fund balance on June 30, 2005, was
approximately $54 million. In response to an additional question, Recreation &
Senior Services Director Knight stated that the fee collected for facility
rentals covers operational costs only. She added that it was not the intent of
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Study Session Minutes
April 25, 2006
the proposed policy to increase revenues, and explained that the donation catalog
that would be created would only serve as a resource and provided upon request
by those wishing to make a donation. General Services Director Harmon noted
that his department has only received one such request in the previous nine
months.
In response to Council Member Nichols's question, General Services
Director Harmon stated that his department has an inventory of where a bench
or tree could be placed. Council Member Nichols requested that the list be open
to perusal by community associations to make sure that they're in agreement.
General Services Director Harmon explained that the City would be required to
contact the applicable homeowners associations. Referring to Section 13(3)(ii)(c) of
the proposed policy, Council Member Ridgeway expressed his support for the
notification requirement and requested that the 300 -foot radius be measured
from the edge of the public land where the donated item is being placed and not
from the item itself.
At the request of Mayor Pro Tem Rosansky, City Attorney Clauson clarified that
the homeowners associations referred to in the policy are those that are "legally
established ", which is defined as those that are operating under CC &R's. Council
Member Ridgeway suggested that the notification apply to all homeowners
associations, whether they are operating under CC &R's or not.
Council Member Curry commended staff for the proposed policy and encouraging
citizens to involve themselves in providing public facilities.
Mayor Pro Tem Rosansky asked what the provisions were for removing a plaque,
such as when a park or street is being renovated. Recreation & Senior Services
Director Knight stated that the City assumes ownership. Mayor Pro Tem
Rosansky suggested that it be clear in the policy that the City has the right to
remove a plaque, bench or tree. City Attorney Clauson suggested that the
additional language could read, "the plaque will remain on the donated item for
the life of the item, and City would reserve the right to relocate it if necessary ".
City Manager Homer suggested that in Sections B(1)(i) and B(4)(ii), that
"department director" be changed to "City Manager " -
Mayor Webb suggested that action not be taken at the evening meeting, and that
the matter be continued to allow staff to incorporate the suggested changes.
4. AMENDMENT TO COUNCIL POLICY F -14 (SERVICE CONTRACTS).
[100 -20061
Using a PowerPoint presentation, City Attorney Clauson reported that the City
processes hundreds of contracts each year, and stated that it has become
apparent that the basis for the City's authority and State law needed to be looked
at. She stated that she assigned Cathy Wolcott, a part -time contract attorney, to
research what the current issues are and develop a service contract policy for
Council consideration. She reported that City Charter Section 421 addresses the
execution of contracts, as does Resolution No. 87 -67 and current Council Policy F-
14, Authority to Contract for Services. City Attorney Clauson stated that the
proposal in the new Council Policy F -14 is to increase the City Manager's
authority to $50,000, while retaining the department head authority at $30,000.
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Study Session Minutes
April 25, 2006
She also noted that the new policy should be adopted by resolution.
Council Member Daigle suggested that the City's grant applications and
obligations also be looked at. City Attorney Clauson agreed that the process
could be improved and suggested that it be done so under a separate policy.
City Attorney Clauson displayed a list of the types of contracts that the new
policy would apply to. She also displayed a summary of the authority that would
be conveyed by the new policy, and noted that it clarifies that the City
Manager has the authority to sign for contract amendments of up to 125% of the
original contract amount. Additionally, the City Manager would have the
authority to sign contracts of up to $100,000 for those that are paid for by the
applicant and deal with environmental documents. She explained that this was
suggested by the Planning Department and would allow for the environmental
review to get started more quickly. Council Member Selich suggested that there
be no dollar limit on these types of contracts, and that the City Council just be
notified of such contracts. It was the consensus of the Council Members to
support this suggestion.
City Attorney Clauson asked if this provision should apply to all types of
contracts where the fees are being paid for by the applicants, or if it should be
limited to those contracts that require the environmental review. It was the
consensus of the Council Members that it apply to all types of contracts.
At the suggestion of Council Member Ridgeway, City Attorney Clauson stated
that staff will clarify the language regarding the City Manager's authority on
amended contracts.
City Attorney Clauson displayed a summary of the department head authority
being proposed in the new policy. She clarified that department head authority
would only apply to contracts already within their budget authority.
City Attorney Clauson stated that the City Attorney has always made the
decision on who to hire when contracting for outside legal counsel when that
contract is within the City Attorney's budget authority. She suggested that
this also be included in the new policy and that the City Council be notified when
such contracts are being entered into.
Ms. Wolcott displayed the procedures included in the new Council Policy F -14
and stated that the actual policy will go into more detail. She highlighted several
of the clarifications that are being made in the proposed policy. Mayor Pro Tem
Rosansky suggested that the "approved as to form" wording be on all contracts.
Additionally, Ms. Wolcott stated that the proposed policy will also
provide clarification and guidance to staff on emergency contracts. She displayed
the current authority for such contracts as included in City Charter Sections 421
and 1110, and Municipal Code Section 2.20.020.
Council Member Ridgeway complimented staff on the work done, and suggested
that it be brought back to the City Council for action.
PUBLIC COMMENTS - None
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City of Newport Beach
Study Session Minutes
April 25, 2006
ADJOURNMENT - at 6:00 p.m.
The agenda for the Study Session was posted on April 19, 2006, at 3:15 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recording Secretary
Mayor
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 25, 2006 — 7:00 p.m.
- 4:00 p.m
CLOSED SESSION - Cancelled
A.
fq
C.
D.
E.
F.
G.
a
ROLL CALL
Present: Council Member Curry, Council Member Sehctrj' MayorAlro Tem Rosar
Council Member Ridgeway, Council Mem*,baiglev' ouncil Member 1`
t :...lr
CLOSED SESSION REPORT - None s;>
PLEDGE OF ALLEGIANCE - Mayor
INVOCATION - Pastor John Embree, ewport Harbor Lhera,n Church
Mayor Webb,
Relay for Life - ha Lisa Biason ann ced that the 5th Annual Relay for Life will be held
on May 20 -21 ate ewport Harbor High S ool. She invited everyone to a fundraiser, Cruise for a
Cure, on Sunday, ril She stated at people can call (949) 877 -1065 if they want to
participate,.' the Re y attend use for a Cure.
G ntenni 11 Po r Co est Winner resentations - Senior Services Director Knight reported
that the Educatio Xente 'al Committee created a 30 -page coloring book that will be distributed
tk to Newport -Mesa nified of District elementary school children. She announced the winners
sll the centennial ster con st and Mayor Webb presented them with certificates and pins. She
ed that the p ters can be viewed on the City's website and at the Nautical Museum.
REPORT (NON- DISCUSSION ITEM):
Council Member Daigle reported that the Back Bay Science Center had its groundbreaking last
Sunday. She indicated that staff will bring back a report to Council regarding the Resource
Management Plan, the process, and how residents can get involved.
Council Member Ridgeway announced that he is no longer the District 14 Southern California
Association of Governments (SCAG) Representative. He reported that, Council Member Daigle has
been elected as his replacement.
Council Member Ridgeway announced that the Bayview Landing Senior Housing ribbon cutting
ceremony will take place on April 26 at 11:00 a.m.
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April 25, 2006
I.
Council Member Curry requested that some type of monument be created to honor the 111 Marines
who are serving in Iraq. He requested that the City Manager come back with a report at the May
23 meeting which forms an ad hoc committee consisting of members from the 111 committee,
veterans groups, the City Arts Commission, and the Parks, Beaches and Recreation Commission to
recommend a location, design, and funding plan for the monument. Council Member Ridgeway
recommended that the ad hoc committee also include an American Legion representative.
Council Member Selich announced that the Balboa Island Art Walk will be held on May 21 and
more information is on www.balboaislandartwalk.com. He also announced that the Balboa Island
Parade will be held on June 4 at 11:00 a.m. and Balboa Island will be holding a town hall meeting
on Saturday, April 29 from 10:30 a.m. to noon at the fire station. F,
Council Member Selich reported that Balboa Island will be holding a,�town hall meeting on
Saturday, April 29 from 10:30 a.m. to noon at the fire station.
Mayor Pro Tem Rosansky reported that the Newport Beach Fi 1 eP`estival stated on April 20 and
will run until April 30. Council Member Ridgeway announc at there will lie seminars over the
4,41 weekend. Mayor Webb announced that he presented,Cmemat6grapher Haskell;, Wexler with a
proclamation, p ilk
Mayor Webb stated that Boy Scout Troop 746 is in t audience to earn their communications
merit badge and Alicia Robinson of the Daily Pilot is back-`deporting on the City
Mayor Webb announced that he attende h ASIS Senior` nter volunteer recognition lunch on
Wednesday, the Donna and John Crean rine ranch Libr dedication on Thursday, and the
ground- blessing ceremony for the St. Marl& Presby frian Churc
Mayor Webb announced`''�lt there are 129 „bays left un��he City's 100th birthday and read
"Centennial Momegt "Y.'"
CONSENT CALNDAR �
t ...
READINC'O [1V S/ D'!S! , C AND RESOLUTIONS
1 MINUT # OF E ADJOURNED REGULAR AND REGULAR MEETING OF
APRIL 11. IRE
reading of subject minutes, approve as written and order filed.
w
READIN) OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
3tr 1, ordinancgs and resolutions under consideration, and direct City Clerk to read by title only.
3. AMENDMENT TO THE 1997 UNIFORM ADMINISTRATIVE CODE
ESTABLISHING A JOINT BUILDING AND FIRE CODE APPEALS BOARD. [100-
20061 Introduce Ordinance No. 2006 -11 and pass to second reading on May 9, 2006.
RESOL i_�N FOR ADOPTION
4. RESOLUTION EXTENDING THE CITY COUNCIL'S AD HOC COMMITTEE ON
OIL & GAS FIELD OPERATIONS. [100 -20061 Adopt Resolution No. 2006 -28
extending indefinitely the term of the City Council's Ad Hoc Committee on Oil and Gas
Field Operations.
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City of Newport Beach
City Council Minutes
April 25, 2006
CONTRACTS AND AGREEMENTS
5. CENTENNIAL BOOK AGREEMENT WITH OCR MAGAZINES (C- 3761). (38/100-
2006) 1) Approve the proposal submitted by OCR Magazines; 2) allow the final form of the
Professional Services Agreement with OCR Community Publications to be approved by the
Council Members on the Centennial Steering Committee and the City Attorney; and 3)
authorize the City Manager to execute the agreement.
6. TRAFFIC SIGNAL UPGRADES FY04 -05 - COMPLETION AND ACCEPTANCE OF
CONTRACT (C- 3764). (381100 -2006) 1) Accept the work; 2) authorize t#,e City Clerk to
file a Notice of Completion; 3) authorize the City Clerk to release the I.Ator and Materials
bond 35 days after the Notice of Completion has been recordgd` in accordance with
applicable portions of the Civil Code; and 4) release the Fait)Performance Bond one
year after Council acceptance. >,
7. NEWPORT BOULEVARD/HOSPITAL ROAD
AMENDMENT NO. 3 TO PROFESSIONAL S
ZIMMERMAN ENGINEERING (C- 3681). ,f8g /i
Professional Services Agreement with W. . n
the Mayor and City Clerk to execute the Amend
8. IRVINE AVENUE WATER M
SOUTH - COMPLETION AN]
2006) 1) Accept the work; 2)
Transmission Main Master Pla
completed; 3) auth 'ze the City
Clerk to rele a abor and 1
been reco in accordance wit
Faithful formance Bond one 1
r TURN M DIFICATIONS -
3S AGREEM NT WITH W.G.
i1 Approve Ame%4ment No. 3 to
'4x
Engineering, Inc. `end authorize
DRIVE TO BRISTOL STREET
,PPTANCE Of CONTRACT (C- 3411). (381100-
taff to encber $69,133.50 from the Water
)vem rlV„accounk*alance to W.A. Rasic for work
o file a of Completion; 4) authorize the City
s bond 35 days after the Notice of Completion has
:able portions of the Civil Code; and 5) release the
after Council acceptance.
10 '`�''
JAM ORE R�HABILI ATION FROM UNIVERSITY DRIVE TO SOUTH
`I R1 S EET AWARDff0l CONTRACT (C- 37851. (381100 -20061 1) Approve
the plan nd s -'fications; 2) award the contract (C -3785) to R.J. Noble Company for the
total bid ftice of $911,669.50 and authorize the Mayor and the City Clerk to execute the
contract; establi3lan amount of $90,000.50 to cover the cost of unforeseen work as
X needed u er the exnsting on -call professional services agreements and an amount of
$18,500 r geotechin al and materials testing services; and 4) approve a budget
amend _ nt (06BA -062) and
$181,420 from the Measure M fund balance to
VAccoulff No. 7281- C5100831.
15: 405f2006 VARIOUS CITY SEWER MAIN IMPROVEMENTS AND BIG CANYON
TRUNK SEWER REPLACEMENT - AWARD OF CONTRACT (C- 3562). (381100
20061 1) Approve Letter Agreement between Big Canyon Country Club, Orange Count)
Sanitation District (OCSD) and the City regarding the construction of the Big Canyor
Trunk Sewer Replacement, amended and restated City Easements, and Quitclaim of Cit)
Easement; 2) approve Construction Access Agreement with the Big Canyon Country CluI
for the construction of the Big Canyon Trunk Sewer Replacement; 3) approve the plans am
specifications; 4) award the contract (C -3562) to Beador Construction for the Total Bic
Price of $4,063,300, and authorize the Mayor and the City Clerk to execute the contract
contingent upon OCSD obtaining all OCSD easements necessary to construct the project
and OCSD Board's approval on April 26, 2006 of the Letter Agreement noted above a;
Recommendation No. 1 and OCSD Board ratification of the OCSD staff letter agreement t(
reimburse the City for work performed by Clarke Contracting Corporation; 5) establish ar
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City of Newport Beach
City Council Minutes
April 25, 2006
amount of $400,000 (10 0/6) to cover the cost of unforeseen work; 6) approve Amendment No.
1 to Professional Services Agreement with Walden and Associates for additional design
and construction services for the Big Canyon Trunk Sewer Replacement for a not to exceed
additional fee of $89,150; 7) approve Professional Services Agreement with AESCO
Technologies, Inc. for geotechnical and material testing for the Big Canyon Trunk Sewer
Replacement for a not to exceed fee of $42,390; 8) approve a budget amendment (06BA-
064) appropriating $3,382,675 to Account No. 7251- C5600292 for the Big Canyon Trunk
Sewer Replacement and increase revenue estimates by $3,523,200.42, representing
OCSD's contribution for this work and including a 40/ City administrative fee on the
construction costs; and 9) approve a budget amendment (06BA -064) trVansf ring $378,000
from the Buck Gully Sewer Force Main Realignment project (Account 31 -C 560086 1),
$75,000 from the CdM Main Beach Sewer Relocation project ( Accoun , 31- C5600862)
and $150,000 from the Wastewater Enterprise unappropriate nd balance to Sewer
Main Master Plan Improvements Account No. 7531- C5600_ a aappropriate $19,000
from the General Fund unappropriated fund balance FtO Storm train Improvement
Program Account No. 7012- C510008. " mu
&9&101*II�.� AEel8
16. CORONA DEL MAR HIGH SCHOO
Authorize reimbursement of $80,052.50 to
one -half the cost to reconfigure
Mar High School to be paid from
17. REPORT DESCRIBING TI
CONDITIONS WHICH LED
ORDINANCE N_Q,& 2005 -7 A
f -i
RE
repave the
and file the
NG LOT PAVING.1100 -20061
)rt Mesa Unified School District for
lot and drop -off area at Corona del
i TO ALLEVIATE THE
OF INTERIM URGENCY
u MEDICAL MARIJUANA
POLICY B- 171PARKS, FACILITIES AND
TIONS. (100 -20061 Continue to the May 9, 2006
APPOIN, IE BY MAYOR OF AD -HOC APPOINTMENTS COMMITTEE TO
REVIEW P', LIONS AND MAKE RECOMMENDATIONS TO THE FULL
COUNCIIFOR T BOARD AND COMMISSION VACANCIES SCHEDULED TO
OCCUR ( N JUNE 30, 2006. (100 -20061 Confirm the Mayor's appointment of Council
Memberaigle and Selich and Mayor Pro Tem Rosansky (Chair) to serve on the ad -hoc
appointments committee to review applications and make recommendations to the full
Coungil for the Board and Commission vacancies scheduled to occur on June 30, 2006.
529. PURCHASE OF WARD "NO SMOKE" EXHAUST FILTRATION SYSTEMS FOR
FIRE APPARATUS (PHASE 3). (100 -20061 Approve the purchase of five Ward "No
Smoke" Exhaust Filtration Systems for fire apparatus.
530. RESOLUTION SUPPORTING THE GRANT PROPOSAL FOR FUNDING TO
PROMOTE WATER USE EFFICIENCY. (100 -20061 Adopt Resolution No. 2006 -33
endorsing the grant application for funding under the CALFED Water Use Efficiency and
Water 2025 Challenge Grant Programs.
Motion by Mayor Pro Tem Rosanskv to approve the Consent Calendar, except for the items
removed (9, 11, 12, 13, 14, & 20), and noting the continuation of Item 18.
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April 25, 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
J. ITEMS REMOVED FROM THE CONSENT CALENDAR
9. BACK BAY SCIENCE CENTER - APPROVAL OF AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT WITH BAGAIiI ENGINEERING, INC.
(C- 3460). [381100 -2006)
Council Member Nichols pointed out that there is an increase in costs 4dT indicated that
the project will be good for the Back Bay.
42
Council Member Ridgeway reported that the artificial tidepoolt are being created at
the Center will relieve some of the pressure at Little Corona s tidepoo'
Motion by Council Member Nichols to
Services Agreement with Bagahi Engineerini
in support of the Back Bay Science Cent#
$66,260 to be funded from Account No. 7251
Clerk to execute the Amendment.
The motion carried by the folic
Ayes: Council Member Curry,
Webb, Council Member 1
11. BIOLOGICALOURCE
NO. 1 TOOFESSIONAL
INC. (C- 3$37). [3 100 -20061
anag Nkve
c
Al2 a an una in eig)
work is J g pe Q med. Coui
12.
call vote:
Amendment No" to Professional
edechnical obse on and testing
'lion for an amoun of to exceed
I, and authorize the :.or and City
k
*Vayo:r Pro Tem Rosansky, Mayor
tenbaiede, Council Member Nichols
@ES FOR NEWPORT COAST - AMENDMENT
CES AGREEMENT WITH CHAMBERS GROUP,
afthe agreement is for the identification and cataloging
4port Coast canyons so that they are protected while
Member Ridgeway noted that the work has already been
Ma or'(Pro Tem Rosansky to approve a budget amendment (06BA -060)
ig $8,500 from the Morning Canyon Stabilization Project (7014- C5100805) to the
;oast Watershed Assessment and Monitoring (7014- C5100851); and 2) approve
nt No. 1 to the Professional Services Agreement with Chambers Group, Inc. of
a not -to- exceed fee of $8,500 and authorize the Mayor and City Clerk to execute
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
NEWPORT COAST COMMUNITY CENTER AND SANTA ANA HEIGHTS FIRE
STATION AND TRAINING FACILITY - APPROVAL OF A PROFESSIONAL
SERVICES AGREEMENT WITH GKK WORKS (C- 3838). [381100 -20061
In response to Council Member Nichols' question about placing the community center on
the fire station lot, it was pointed out that the contract is for two different locations and is
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City Council Minutes
April 25, 2006
just for the management of both the projects.
Public Works Director Badum pointed out that this contract is contingent on the award of
contracts for both facilities and the amount will be adjusted depending on whether the
projects are awarded.
Motion by Mayor Pro Tem Rosansky to approve a Professional Services Agreement for
construction management services with GKK Works and authorize the Mayor and City
Clerk to execute the Agreement in the amount of $539,111, contingent upon awarding the
contracts for the Newport Coast Community Center and the Santa Ana Heights Fire
Station. a[
The motion carried by the following roll call vote:'
Ayes: Council Member Curry, Council Member Selich, Ma, oe ro�I m Rosansky, Mayor
Webb, Council Member Ridgeway, Council Membg, Dkigle, Coin Member Nichols
13. BUDGET AMENDMENT AND AMENDMENT O ,PROFESSION, SERVICES
AGREEMENT WITH RBF CONSUL LNG T.0- PROVIDE S > VEY AND
IMPLEMENTATION OF THE AMOR TI(?Ny PROGRAM FOR ENTIFIED
NONCONFORMING SIGNS (C 3623). (3 0061
In response to Council Member Nichols' concern, Ouncil Member Selich noted that, prior
to adopting the sign ordinance 90 Ong il was madiaware that it would cost additional
funds to expand the nonconforming si entory
�xA
Motion by Council Member Such to 1 ye a udget amendment (06BA -061) to
transfer $33,00 unappropriated a eral Fun serve, 010 -3605, to Account number
2710 -8261, Special xpense, Sign';lations; and 2) approve and authorize the Mayor
and City��erk to sign the amend mnt to the agreement.
The motion barrid&hvx the followinL;;ioll call vote:
Ayes 066 pcil Nbor Curry` `uncil Member Selich, Mayor Pro Tem Rosansky, Mayor
Member Ridgeway, Council Member Daigle, Council Member Nichols
AMENDENOINT POWERS AUTHORITY AGREEMENT - INTEGRATED
LAW AND JUSTICAGENCY (C- 3692). [38(100 -20061
In response to Council Member Nichols' questions, Police Chief McDonell explained that
the information- sharing program is only one part of the agreement and highlighted the
lvaitages of the Integrated Law and Justice Agency program.
Motion by _Mayor Pro Tem Rosansky to 1) adopt Resolution No. 2006 -29 which amends
Resolution No. 2005 -55, which authorized the City of Newport Beach to participate in the
Integrated Law and Justice Agency of Orange County (ILJAOC) and authorized the Mayor
to execute the Amended Joint Powers Agreement (JPA); and 2) authorize the City
Manager and Police Chief to execute any related documents consistent with the
implementation of this Agreement and grant continuing authority to the City Manager to
execute anticipated amendments to the JPA as recommended by the Chief of Police and
approved by the City Attorney and determined to be non - substantive in nature.
The motion carried by the following roll call vote:
Volume 57 - Page 633
City of Newport Beach
City Council Minutes
April 25, 2006
K.
20.
21.
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor
Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols
PARAMEDIC LIVING FACILITY, CORONA DEL MAR FIRE STATION #5. (100-
20061
Council Member Nichols noted that the Facilities Finance Review Committee is looking at
replacing facilities like this and expressed concern about the cost of the trailer.
Dolores Otting suggested leasing a trailer since the fire station may be torn down and
moved to the Crystal Cove area due to response times. She believed t at this money
should be used to install a lighted crosswalk in Corona del Mar.
Fire Chief Riley emphasized that the fire station at Corona !Almar is not moving but
there may be an additional fire station built in the Crystala;Cove ea in the future. He
reported on the condition of the current trailer, why t ere reco ending purchasing
the trailer rather than leasing it, and how it can be utilized at other s tions while they're
being rebuilt or remodeled. He also compared the�purcha §e price and le „ rate.
Motion by Council-Member Cures to 1r,
transfer $65,000 in Undesignated General
Improvements; and 2) approve the purchase
paramedics at Station #5 from Mtdular Life:
The motion carried by the
Ayes: Council Member Curry,
Webb, Counc3I;- Member ]
vote:
a budget amend meng, 6 BA- 063) to
erves to 2320 -9500 S ctures and
llation of temporary housing for the
Cayor Pro Tem Rosansky, Mayor
Daigle, Council Member Nichols
EXTENDING A TEMPORARY MORATORIUM
OPERATION OF MEDICAL MARIJUANA
City AttoMey Cla- .r�,n, reported that they are recommending extending the moratorium for
one year b ause it i& not been determined whether Federal law preempts State law-
v Council Member Ridgeway to adopt Urgency Ordinance No. 2006 -10
the temporary moratorium on the establishment and operation of medical
dispensaries for one (1) year.
Wdice Haas stated that she works for a doctor's office and noted that citizens need safe
access to this medicine. She believed that all officers have to follow State law when there
is a conflict between Federal and State laws. She requested that Council not extend the
moratorium.
Steve Ary requested that Council not extend the moratorium and uphold State law so
there is safe access to medical marijuana.
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 634
City of Newport Beach
City Council Minutes
April 25, 2006
22. GENERAL PLAN UPDATE: LAND USE AND CIRCULATION ELEMENTS.
(681100 -20061
Assistant City Manager Wood utilized a PowerPoint presentation and highlighted the
Vision Statement that is included in the Draft General Plan. She noted that most of the
contents of the new Land Use Element focuses on areas where change is likely
and concentrates development in locations that visioning process participants told them
may be acceptable for growth. She displayed a map of the areas outside of the Special
Study Areas where there is growth and development potential and reviewed the amount of
residential development that may be allowed. She also reported on the General Plan
Advisory Committee's (GPAC) recommendations. Regarding Santa A0 Heights, she
reported that the City cannot amend the General Plan or Specific ea Plan without
written consent from the County and the County's Redevelop menItAlency. She displayed
a map which showed the subareas for special study and a t f the major land uses
using the existing General Plan, buildout with the exist ene Plan, buildout with
the draft General Plan, and the draft General Pla She p d out that, even
though the proposed General Plan increases the mber of average ily trips (ADT),
intersection performance will improve. She al eviewe'd the General schedule and
stated that Council can place this on the baWfat the July 25 Council meets
Carlton Waters, Urban Crossroads, utilized a wer]
table of traffic growth that is anticipated due to ,I
Plan EIR alternative, and a slidg,bf the dail y trip, r
He reported that they are prop osing� q
at 18 interne
showed what would happen if reprional rR th was no
growth. He discussed a table showing the ippac�s of
nt presentation and displayed a
conditions and with the General
ition by subarea (Table ES -IA).
ons undergo improvements and
)nsidered with the General Plan
April 20 Planning Commission
Assistant City M er Wood not€'d that the Planning Commission focused on the Land
l}cEiemenartictt8r e Art, Newport Center, and West Newport Mesa areas,
and re nmended that CouncthSTo the same.
Council l tuber %lich reviewed the thought process for his standard of review. Council
agreed t t the 4bmmunity's main concern, after the airport, is traffic and
densityliAnsity. Mayor Pro Tem Rosansky stated his goal of eliminating the extra ADTs
in the daft General Plan. Council Member Ridgeway emphasized that he will be
aggressive in reducing intensity and density in the areas south of Bristol.
rig page 3 -3, Mayor Pro Tem Rosansky requested that "strategically inserted to
be replaced with "accommodated and still preserved ".
West Newport Mesa
Assistant City Manager Wood explained and outlined the changes recommended by the
Planning Commission to reduce the Floor Area Ratio (FAR) to .75 and the number of
housing units from 30 units/acre to 20 units/acre, which reduces trip generation by 7,022.
Council Member Ridgeway recommended changing the FAR further to reduce ADT.
Mayor Webb opened the public hearing.
In response to Dolores Otting's question about the mobile home park which has low income
housing, Assistant City Manager Wood reported that this will not change from the existing
General Plan. Planning Director Temple noted that the area has four mobile home parks
Volume 57 - Page 635
City of Newport Beach
City Council Minutes
April 25, 2006
that have about 22 units /acre.
Carol McDermott, representing Hoag Hospital, stated that .75 FAR is consistent for the
Newport Health Center, but expressed concern for the medical building across the street
from Hoag Hospital because it might have a 1.0 FAR. She hoped that the
existing /developed areas are categorized to be consistent with the existing development.
Assistant City Manager Wood noted that the Planning Commission didn't just look at trip
generation, but commented on the density of recent projects. She stated that a property
owner indicated that the recommendation of 20 units /acre was in line with what he wanted
to do. 'J
Without objection, Mayor Pro Tem Rosansky recommended refining some of the
properties to medical office and proposed reducing the numFeway N lling units/acre to 18
units /acre so that the ADT is further reduced by 11,218 �tris 2,000 trips fewer
than the existing General Plan. Council Member RTt ested taking out
commercial areas, rather than residential units.
In response to BJ Johnson's question, Assistant Citya'1Glana.ger WooNRi* hat all the
public hearings have been advertised in thesi3ailyiiot. Council Membway agree d
with Ms. Johnson's concern about property righ6N-
New
Assistant City Manager Wood ex laiiiei and outlmJdx the changes recommended by the
Planning Commission and discus d the mtr.94uction bout 450 mixed use units. She
confirmed that the overall net" cr ase is 8.066 Ab-T,
Dan Miller 1he Irvine Compa indicated that they agree with the reduction in
resident and office units and wreducing the square footage of commercial units. He
noted th GPAC saw this area as ibe economic development area. Regarding the 300,000
s ware feet they requted for Fashion Island, he reported that they plan to
�tse t
em tional square footage in order to compete
with So Coas laza. He re ested that The Irvine Company be able to work with the
City to as at wit _educing the ADT. He also requested that a flexible policy be developed
relative to ransfer ,g units between residential and hotel units since it would need to go
before )Co _. cil anyw _ .
Council ;Member Selich proposed reducing the office space in order to protect the
reside tial units, cutting 25,000 sf from the retail area, and counting the trip reductions
I"g]onthe MacArthur corridor towards Newport Center. He agreed that The Irvine
r atshould meet with staff to see if further reductions can be made and requested
at this be brought back at a future meeting. Mr. Waters reported that, with these
reductions, the ADT is still 6,000 over the existing General Plan.
Carol McDermott pointed out that The Irvine Company is not the only property owner in
Newport Center and expressed concern that reducing the number of units by 150 takes
away from the other property owners. She added that there are other suitable locations
for additional residential units.
Dolores Otting expressed the opinion that the Avocado Avenue medical buildings cause a
lot of the traffic problems in this area and offered suggestions on how to relieve some of the
problems.
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City of Newport Beach
City Council Minutes
April 25, 2006
Airnort Area
Assistant City Manager Wood explained and outlined the changes recommended by the
Planning Commission and pointed out that the Airport Land Use Commission (ALUC) and
John Wayne Airport (JWA) provided correspondence. She reported that there are about
ten unmitigatable areas in the EIR and discussed what a Statement of Overriding
Consideration is. She displayed a map of the area and noted that the ALUC requested
that the City take the 65 Community Noise Equivalency Level (CNEL) line into
consideration. She reported that the Planning Commission requested that Council add the
reasons why the area would be treated differently and include a policy that the added
residential development could not eliminate any of the major Ian
indicated that the Commission's recommendations reduce the ADT b,
about 10,000 trips over the existing General Plan. Aeoo
Council Member Ridgeway stated that the Commission' PF uct
opportunity for smart growth is still intact, and the iir se in trafi
come into the City's main residential areas. He be ' d that the City
needs can be met in this area. Mayor Pro Tem ansky4tated that t
a way to reduce the number of trips in this
the City.
Mr. Waters reported that, with the trip reduc,f9b',
total reduction has dropped fro 9% to 1.63 %,
to review. Assistant City Manag ointed
areas that have the greatest incre se in s Mr
coming from the increase in apatment u OW
units can be reduced, 2,200
Council Member Such recomi
s the biggest
areas. She
but it is still
are acceptable, the
sdoesn't necessarily
ffordable housing
W-.
e ty needs to find
;en r of trips in
made in the three areas tonight, the
i that there are about eight areas left
ks at tonigh t Council is discussing the
a reported that the extra trips are
hrooms and that the residential
reduced in order to be trip neutral.
it 2.000 units.
Without iection, t was recomme ded that the height restrictions be added to the policy
in FAR Par 77 Assistant City Mtiager Wood added that the ALUC and JWA requested
A - Cit`ni'b" ci ; ut the 3.68 feet above mean sea level and also reference the
datum t, out she believ " is is more appropriate for the zoning ordinance.
Council Mmberdgeway suggested that the height, multiple use, and 11,000 ADT issues
be deferred to the ni t meeting.
It was t consensus of Council to support not having housing inside the 65 CNEL line.
Dolores?Otting expressed concern about how the area will be affected if high density, high
-se re built and agreed that trips need to be reduced.
arol McDermott, representing the Koll Company, believed that there is a credit for mixed
use residential units. She indicated that they would like to work with staff to clarify
issues about the 65 CNEL line, residential units on the Conexant site, and possible
changes to the ROMA recommendations.
Carol Boice, GPAC member, noted that everyone wants the General Plan to pass, but
expressed the opinion that the recommendations may be deviating from the visioning
surveys. She recommended lowering the density in the airport area's residential villages.
Philip Bettencourt, representing Brookfield Homes, stated that their project would reduce
the authorized trips by two - thirds and noted that it is outside the 65 CNEL line. He
expressed concern with the current General Plan standards. He stated that the City needs
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City of Newport Beach
City Council Minutes
April 25, 2006
L.
to consider what would happen if there was a wholesale density reduction
Council Member Nichols discussed possible 65 CNEL line modifications. Mayor Webb
pointed out that the City must use the current Airport Environs Land Use Plan (AELUP)
65 CNEL line until the airport adopts a new line.
Mayor Pro Tem Rosansky asked staff to compile some type of residential overlay that is
traffic neutral.
Circulation Element
In response to Council Member Nichols' question, Mr. Waters reported thfib, in Corona del
Mar, the Goldenrod and Marguerite signals will experience Level of eiice (LAS) E traffic
conditions due to regional growth and they are not recommen improvements due to
the character of the area. Assistant City Manager Woo a ed that the existing
Circulation Element sets LOS D as a goal, not a stand r' ut the _ e proposing setting
LOS D as a standard in the draft Circulation Elemenlr most of the intersections.
Council Member Selich noted that
recommendations relative to the Circuk
ission hasn't made any
Harry Rinker referenced a letter he presented t, ouncil and reported that the Mesa Drive
neighborhood opposes the additi n_ of the horse - ail since it cuts through the existing
landscaping which they own i _: He added at his property would have to be
condemned in order to have the ail i ont of it.
cc the proposed trail is already in
the Santa Ana Heights Specific ea Plan,' ^'t Mana Bludau indicated that staff will
determine the appropriate procesto eliminate trail the Specific Area Plan and will
inform the Mes�aali' pe residents o the p�edure.
Carol B e noted that the prop d roadway classification system has been changed.
Mayor b repgd that this o urred because the capacity of a street is difficult to
evaluate, it recommende that a range be used. He confirmed that this is
t8ffkihant wit _what t' ` , t�unty h used.
or Webb r ssed%e meeting at 11:09 p.m and reconvened the meeting at 11:16
with all me_._bers othe City Council in attendance.
BJ hnson, Corona del Mar Residents Association, invited Council to their general meeting
tomo w at S erman Gardens at 5:30 p.m.
Elise W an read a letter that was signed by Seacliff Mobile Home Park residents regarding the
closure. Mayor Webb directed her to contact the City Attorney's office so it can be determined if
her information should be presented to Council at a meeting.
Dolores Otting suggested that the memorial Council Member Curry recommended also include
other branches of the military and the City's firefighters and police officers. She recommended
displaying it at the Central Library or at City Hall. She also recommended hanging the American
}lag from the 1/1 Marines behind the Council Members in the Chambers.
Council Member Ridgeway explained the intent behind the adoption of the 1/1 Marines and added
that there is already a monument at Newport Elementary School. Mayor Webb stated that there
are also monuments underneath the City's flagpole and at the American Legion.
Volume 57 - Page 638
City of Newport Beach
City Council Minutes
April 25, 2006
M. ORAL REPORTS FROM CITY-Q-0-LNCIL ON COMMITTEE ACTIVITIES - None
N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
23. PLANNING COMMISSION AGENDA FOR APRIL 20, 2006. [100 -20061
A
Council Member Daigle stated that the application to subdivide a tennis court lot at 6
Barrenger Court is being opposed by the neighbors. She requested that Council be
informed if any determination is made by staff.
24. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 1.35 TO THE NBMC LIMITING TXE OF THE CITYS
POWER OF EMINENT DOMAIN. (100 -20061
Motion by Council Member.Curry to introduce Ordinance No.
The motion carried by the following roll call vote:`` - T
Ayes: Council Member Curry, Council Mem ;Selich, Mayor Pro Tem Ros_sky, Mayor
Webb, Council Member Ridgeway, Counc l.T%lember Daigle, Council Member Nichols
P. CURRENT BUSINESS a }
25. RESOLUTION ENTERING YNTO "Ai SISTER TY RELATIONSHIP WITH
ENSENADA, MEXICO. (100 - 20161
1
City ManagerrBtudkii reported that t!&6iy current f has three sister cities and the Sister
City Ass2,qpation isiriequesting thaAnsenada, Mexico, also become a sister city. Mayor
Webb n' td, that ,the City has h d a relationship with Ensenada for many years and
Ensenada q�s fo ` ed a group si ar to the City's Sister City Association to foster the
re ship. eway added that a sister city relationship is civic,
c` to nd ecational, aYidgAil
ghted Ensenada's attributes.
Sid Stok Sis City Association, stated that the sister city program establishes
friendship betwee ,cities. He reported on what was involved in their decision,
emphasiz that En nada is only three hours away, and recommended that Council adopt
the resolu ion.
a *a
Motio Council Member Ridgeway to adopt Resolution No. 2006 -30.
e 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
Abstain: Council Member Nichols
26. THIS ITEM LEFT BLANK INTENTIONALLY.
27. NEWPORT COAST COMMUNITY CENTER: AWARD OF CONTRACT, ADOPTION
OF RESOLUTIONS AND OPERATING AGREEMENT RELATING TO NEWPORT
RIDGE PARK AND CRESTRIDGE PARK, BUDGET AMENDMENT, COUNCIL
POLICY ON COMMUNITY ACCESS AND USE PLAN FOR CENTER. [100 -20061
Assistant City Manager Kiff utilized a PowerPoint presentation to discuss the Newport
Coast Community Center, Newport Ridge Park issues, the bid award, and the
Volume 57 - Page 639
City of Newport Beach
City Council Minutes
April 25, 2006
recommendations. He emphasized that the funding for the community center did not come
from excess assessment district payments or excess property tax payments. He also
displayed a map showing the three park parcels.
Discussion ensued relative to the City's share of the furnishings, fixtures and equipment
(FF &E) costs, the Community Access and Use Plan, Parcel C, Crestview Park
use restrictions, and the homeowner association's desire to not have an operating
agreement with the City for the ballfields and tennis courts.
Council Member Ridgeway believed that this does not comply with the Subdivision Map
Act. City Attorney Clauson noted that the second resolution identifies W Map Act as a
major issue but clarified that the action is not to create a new parcel or affflit the parcel, but
to accept a portion within the parcel as described by the legs escription. She also
clarified that the City is not executing a deed. Council er Ridgeway believed
that the operating agreement should have the City controthe ball fields in Parcel
B. Council Member Daigle emphasized the City's ne6d'for more it�ds and that there
would be more access to the fields if the City managed' them.
NIL
Mayor Webb noted that they do not have complete map of Parcel C. �sistant City
Manager Kiff indicated that he can bring 4 $h'e resolution at the next meeting that
includes the legal description and a diagram o�e lot.
Dan Wampole, Newport RidgO
negotiated to keep the park. Hi
there is in Offer of Dedication
stated that they support staffs
worked out yet indicated
ballfields. is d that, if of
associati He c armed that
Ridgewa - elieve that the IOD
entire City d 't supercedi
to
the
omeowners Wociation, stated that they always
ed that the association owns it, understands that
D) ol�p and understands its legal implications. He
commen aeons. eve though all the details are not
at tb,0'"woul` t support the City managing the
,people wantedo use the fields, they can contact the
e sidewalks will remain open. Council Member
as included with the intent to create a park for the
;the Pre - Annexation Agreement (PAA). Mr. Wampole
been paying for the upkeep of the park and are willing
center land.
Don Phel expre concern about losing part of the park and requested that a vote be
taken rel ve tow her the residents even want the community center. He requested
that Coun 1 reject the recommendations.
John BuKolph stated that he agrees with Council Member Ridgeway. He believed that the
Clty�ds more ballfields and should manage them. He noted that the IOD gives the City
ion which will benefit all the residents.
Dolores Otting took issue with giving priority of the center to the Newport Coast residents
and believed that this is setting precedence. She noted that Newport Coast residents don't
pay for a lot of City services that everyone else pays for.
Philip Greer indicated that he initially opposed the annexation, but has since changed his
mind. He believed that the recommendations are a compromise that will bring Newport
Coast residents into the City.
Council Member Curry believed that the community center is needed for the City, it is
appropriate for the City to pay the funding shortfall, and it is important to respond to the
bids so costs don't increase further. He emphasized that Newport Coast is a part of the
City and supported the recommendations.
Volume 57 - Page 640
City of Newport Beach
City Council Minutes
April 25, 2006
Motions Council Member Curry. to A. NEWPORT RIDGE PARK RESOLUTIONS -
1) adopt Resolution No. 2006 -31 accepting a portion of the Newport Ridge Park property
offered to the City of Newport Beach by the San Joaquin Hills local parks Irrevocable Offer
of Dedication and reserving the right of the City of Newport Beach to accept the remainder
of the property; and 2) adopt Resolution No. 2006.32 declaring the City's intent to, at a
future date, reject portions of the remaining property offered to the City of Newport Beach
by the San Joaquin Hills local parks Irrevocable Offer of Dedication; B. NEWPORT
RIDGE PARK OPERATING AGREEMENT - authorize the City Manager to enter into an
Operating Agreement with the Newport Ridge Community Association as to the
Association's operation of the two ballfields and parking lot at Newport Ridge Park
(agreement shall substantially reflect the terms shown in Exhibit H g AWARD OF
COMMUNITY CENTER CONTRACT &BUDGET AMENDMENT - <pprove the plans
and specifications; 2) approve a budget amendment (06BA -065) a opriating the funds as
follows to the Project: (a) $6,689,725 from Newport Coast a Lion Funds ( "Newport
Coast Community Center" - 7251- C5100569); and (b) $2;761,99 om General Fund
Operating Reserves; 3) award a contract (C -3577) to Bernards Bros., for the total bid
price of $8,159,000, and authorize the Mayor and theCity Clerk to execu the contract; 4)
provide that $800,000 of the budgeted amour% -hi Item.C`2 may be used Mover the costs
of testing, unforeseen work and permits an p to $400,000 may be used irf construction IPA
management; 5) approve Amendment No. 1 Tlkt a Professional Services Agreement with
Dougherty & Dougherty Architects LLP; and DEW COUNCIL POLICY ON NEWPORT
COAST COMMUNITY CENTER ZOMMUNITY ACCESS AND USE PLAN -adopt Council
Policy B -18 relating to a
Community Center.
Council Member ]
approved, the asE
center, a�n?tie f
million. .kle noted
Ranch
City hasn
;ion keeps
would nef
the City 1
Access and=. Use Plan for the Newport Coast
his support %the motion and noted that, if this is not
f the entfrkTark, there would be no community
the association back the remainder of the $7
area residents priority over facilities before.
ay believe that this is not a gift of land from the association or
kists. He noted that, in an agreement with the Irvine
(IRWD); the City was supposed to take over Newport Coast's
taken over by the City, which equates to about $25 million, but the
Mayor We9ib indicated that he could agree with rejecting Parcel C, as long as the City
produced map that shows the area. He requested that the map include a public sidewalk
easeme (t that roughly follows the same alignment as the current sidewalk.
Substitute motion by Mayor Pro Tem Rosansky to A. NEWPORT RIDGE PARK
RESOLUTIONS - 1) adopt Resolution No. 2006 -31 accepting a portion of the Newport
Ridge Park property offered to the City of Newport Beach by the San Joaquin Hills local
parks Irrevocable Offer of Dedication and reserving the right of the City of Newport Beach
to accept the remainder of the property; and C. AWARD OF COMMUNITY CENTER
CONTRACT & BUDGET AMENDMENT - 1) approve the plans and specifications; 2)
approve a budget amendment (06BA -065) appropriating the funds as follows to the
Project: (a) $6,689,725 from Newport Coast Annexation Funds ( "Newport Coast
Community Center' - 7251- C5100569); and (b) $2,761,995 from General Fund Operating
Reserves; 3) award a contract (C -3577) to Bernards Bros., Inc. for the total bid price of
$8,159,000, and authorize the Mayor and the City Clerk to execute the contract; 4) provide
that $800,000 of the budgeted amount in Item C -2 may be used to cover the costs of
testing, unforeseen work and permits and up to $400,000 may be used for construction
management; 5) approve Amendment No. 1 to the Professional Services Agreement with
Volume 57 - Page 641
City of Newport Beach
City Council Minutes
April 25, 2006
Dougherty & Dougherty Architects LLP; and continue the other items for further study.
Assistant City Manager Kiff noted that the substitute motion is the scenario the Newport
Ridge Homeowners Association feared because it offers no assurances that the remainder
of the park would remain private. He clarified that, if the second resolution was adopted
tonight, a resolution will be brought back to Council at the next meeting that rejects the
parcel and includes a legal map and the suggestion to include a public sidewalk easement.
City Attorney Clauson explained that the second resolution is only a declaration of
Council's intent. She believed that, if Council does not object to Parcel C remaining the
association's, a resolution can be brought back to show exactly where the ublic sidewalk
will be. City Manager Bludau stated that the association is now are of what the
expectation for the ballfield is and, if the use is not being met, Couutsi can come back and
accept the IOD. He believed that, by not accepting the IOD no Ae City will have use of
the fields but won't be paying for maintenance. Council �e eri geway believed that
the agreement does not do this. He suggested approvip e IOD fol rcel B and taking
over management of the ballfields.
Council Member Curry noted that the oper . rlg agreement states that th rity for the
ballfields after the Newport Coast teams a ccnmeodated, is to City asted leagues
and teams. He expressed concern with off- & ing or aborting the c center
project.
Amended substitute motion AM a .or Pro TeSiRos..ans)y to A. NEWPORT RIDGE
PARK RESOLUTIONS - 1) adopt Re ion No. `2 6 -31 accepting a portion of the
Newport Ridge Park property o red to t it of N port Beach by the San Joaquin
Hills local parks . evocable Offer of De atio d reserving the right of the City of
Newport Bea ept the remai of the property; and 2) adopt amended Resolution
No. 2006- 3eclari g the City's iri nt to, at a future date, reject portions of the remaining
propert ered the City of lewport Beach by the San Joaquin Hills local parks
Irrevocable ffe Dedication, pV)vided that such rejection of the parcel includes the
ea lishme a nt or similar mechanism that ensures that the sidewalk along
-Coo = anyo and fill an 84siidewalk along Newport Ridge Drive through Newport
Ridge P re open to the public; and C. AWARD OF COMMUNITY CENTER
CONTRA & GET AMENDMENT - 1) approve the plans and specifications; 2)
approve budget endment (06BA -065) appropriating the funds as follows to the
Project: ) $6,689,725 from Newport Coast Annexation Funds ( "Newport Coast
Commu ,'y Center" - 7251- C5100569); and (b) $2,761,995 from General Fund Operating
Resery ; 3) award a contract (C -3577) to Bernards Bros., Inc. for the total bid price of
8,15 , 00, and authorize the Mayor and the City Clerk to execute the contract; 4) provide
800,000 of the budgeted amount in Item C -2 may be used to cover the costs of
sting, unforeseen work and permits and up to $400,000 may be used for construction
management; 5) approve Amendment No. 1 to the Professional Services Agreement with
Dougherty & Dougherty Architects LLP; and continue the other items for further study.
The amended substitute motion carried by the following roll call vote
Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky,
Mayor Webb, Council Member Ridgeway, Council Member Daigle
Abstain: Council Member Nichols
Volume 57 - Page 642
City of Newport Beach
City Council Minutes
April 25, 2006
28. INDEMNIFICATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND
THE CITY OF NEWPORT BEACH FOR ELECTION SERVICES PROVIDED TO
THE CITY FOR THE PETITION SUBMITTED TO THE CITY ON APRIL 3, 2006 AS
IT RELATES TO THE MINORITY LANGUAGE PROVISIONS OF THE VOTING
RIGHTS ACT OF 1965. [100 -20061
City Clerk Harkless reported that the 9th Circuit Court of Appeals ordered that the
Padilla u. Leuer case be reheard. She indicated that, since the Padilla opinion cannot be
cited as precedence, the indemnity agreement is no longer required by the County. She
recommended that Council take no action on this item tonight. She confirmed that the
County will continue to do the count on the initiative whether there is a ndemnification
agreement or not. IOFV
John Buttolph thanked the City Attorney and City es for their efforts and
recommendation.
Q. MOTION, FOR RECONSIDERATION - None
m..
R. ADJOURNMENT - at 12:55 a.m. on Wednesday, pail 26466, in memory 0 at Smith
The agenda for the Regular Meeting was posted April 19, 2006, at 3:1 p.mn the City
Hall Bulletin Board located outside of the C of Newport Beach Administration
Building. The supplemental agenda6or the Regul Meeting was posted on April 21,
2006, at 11:30 a.m. on the City Ha1I : ulletin Boar located outside of the City of
Newport Beach Administration Building.
x
F
Recording Secretary
City Clerk
Mayor
Volume 57 - Page 643