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HomeMy WebLinkAbout12/12/2006 - Regular Meeting.f CITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 12, 2006 — 7:00 p.m. STUDY SESSION - Cancelled AB1234 ETHICS TRAINING - 4:00 - 6:00 p.m. CLOSED SESSION - 6:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR THE REGULAR MEETING B. ROLL CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selicb, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Henn E. INVOCATION -Pastor John Embree, Newport Harbor Lutheran Church F. PRESENTATIONS Library Foundation Presentation of Check - Tom Edwards, President of the Library Foundation, presented the City with a check for $121,650. 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): Council Member Webb welcomed Troop 746 from the Latter Day Saints Church who are working on their citizenship merit badge. Council Member Curry noted that contributing to the McFadden Square Project is tax deductible. Mayor Pro Tem Selich requested that a future agenda item relative to a phased development of Newport Center Park come back before Council no later than January 23rd. Council Member Webb requested that the staff report include the feasibility and cost of a soccer field in the upper area and that the sports organizations be contacted relative to the need for active fields. Mayor Rosansky announced that the Operation Christmas Toy Drive will be held on December 14th from 10:00 a.m. to 11:00 a.m. Volume 57 - Page 866 City of Newport Beach City Council Minutes December 12, 2006 Mayor Rosansky requested that staff bring back a staff report in January 2007 to form a committee to look at dense residential occupancy, particularly as it relates to sober living facilities, group homes, and over - occupied properties. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESM UTIONS 1. MINUTES OF THE REGULAR MEETING OF NOVEMBER 28, 2006. [100- 8006] Waive reading of subject minutes, amend page 860 to reflect that Council Member Ridgeway made the motion and not Council Member Curry, and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCES FOR ADOPTION 3. INDEMNIFICATION FROM THIRD PARTY CHALLENGES TO CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATIONS AND OTHER DISCRETIONARY APPROVALS. [100 -2006] Adopt Ordinance No. 2006 -26. RESOLUTIONS FOR ADOPTION 4. RESOLUTION ADOPTING REVISED RECORDS RETENTION SCHEDULES AND AUTHORIZATION FOR DESTRUCTION OF CERTAIN CITY RECORDS. [321100 -2006] Adopt Resolution No. 2006 -104 adopting the revised records retention schedules and authorizing the destruction of certain City records. 5. RESOLUTION DELEGATING AUTHORITY TO THE CITY MANAGER TO APPROVE PROGRAM SUPPLEMENTS WITH CALTRANS FOR LOCAL ASSISTANCE TRANSPORTATION PROJECTS. [100-2006] Adopt Resolution No. 2006 -105 delegating authority to the City Manager to execute master agreements, program supplemental agreements, fund exchange agreements and/or fund transfer agreements with Caltrans for Local Assistance Transportation Projects. CONTRACTS AND AGagE8MNYS 6. EXTENSION OF A JOINT POWERS AGREEMENT (JPA) FOR MOORING ADMINISTRATION (C- 2241). [381100 -2006] Approve the extension of the JPA (D89 -035) with the County of Orange for mooring administration for two (2) additional years. 7. JAMBOREE ROAD/MACARTHUR BOULEVARD TRAFFIC SIGNAL CABINET RELOCATION - AWARD OF CONTRACT (C- 3886). [381100 -2006] Reject all bids. 8. 2006 -2007 CITYWIDE STREET, PARKING LOT, AND STORM DRAIN IMPROVEMENTS - AWARD OF CONTRACT (C- 3793). [38(100 -20061 1) Approve the plans and specifications; 2) award the contract (C -3793) to All American Asphalt for the total bid price of $1,392,333.50, and authorize the Mayor and City Volume 57 - Page 867 City of Newport Beach City Council Minutes December 12, 2006 Clerk to execute the contract; 3) establish an amount of $147,000 to cover the cost of unforeseen work and an amount of $30,589 for geotechnical/materials testing services for the entire project and $32,000 for irrigation improvements and electrical repairs within the Corona del Mar (CdM) Main Street Beach Parking Lot; 4) approve a budget amendment (07BA -035) in the amount of $202,358 from unappropriated General Fund balance to Account No. 7013- C5100019 - Street, Bikeway and Parking Lot Improvements; and $320,000 from unappropriated Traffic Congestion Relief Fund into the following three accounts: 7191- C5100857 ($90,932) - Spyglass and Harbor View Hills South Pavement Rehabilitation, 7191- C5100886 ($63,845) - 15th Street Rehabilitation and 7191- C5100829 ($165,223) - West Bay Avenue Street Rehabilitation; and 5) approve a budget amendment (07BA -035) transferring $46,770 from FY 05106 Sidewalk Curb Gutter Replacement project (7013- C3140850) to the Street, Bikeway and Parking Lot Improvements project (7013- C5100019). 9. JAMBOREE ROAD REHABILITATION FROM SAN JOAQUIN MILLS ROAD TO FORD ROAD - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3826). [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; 4) release the Faithful Performance Bond one year after Council acceptance; and 5) approve a budget amendment (07BA -034) transferring $29,736.18 from the unused and remaining funds from the 2005 -2006 Citywide Slurry Seal Program Measure M Turnback CIP Account No. 7281 - 05100858 to Account No. 7281- C5100832. 10. CORPORATION YARD BUILDING "W" - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3642). 1381100 -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; 4) release the Faithful Performance Bond one year after Council acceptance; and 5) approve a budget amendment (07BA -030) appropriating $44,900 from unappropriated Equipment Internal Services fund balance to Account No. 7611- C6120725 to cover extra costs for this project. 11. CITYWIDE SLURRY SEAL PROGRAM - FY2005 -2006 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 8800). 1381100 -20061 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one year after Council acceptance. MISCELLANEOUS 12. REQUEST WAIVER OF COUNCIL POLICY B-8 - BIKE, FOOT RACE AND SURF CONTEST EVENT FOR NEWPORT HARBOR HIGH SCHOOL (NHHS) TO HOLD A SURF CONTEST. 1100 -20061 Withdrawn at the request of the applicant. 13. BUDGET AMENDMENT - CONTRACT CLASSES. [100 -20061 Approve a budget amendment (07BA -031) to increase Revenue by $378,000 and Expenditures by $332,968. Volume 57 - Page 868 City of Newport Beach City Council Minutes December 12, 2006 14. APPOINTMENT OF ARLENE GREER TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). 1100 -20061 Confirm Council Member Curry's appointment of Arlene Greer to EQAC. 15. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY 200612007 EXPENDITURE ACCOUNTS. 1100 -20061 Approve a budget amendment (07BA -032) to increase revenue estimates by $121,650 in Account No. 4090 -5893 (Library Foundation Donations) and increase expenditure estimates by the same amount in Division 4090 (Foundation) and 4060 (Literacy). 16. NEWPORT BEACH RESTAURANT WEEK BANNERS - APPROVAL OF ENCROACHMENT PERMIT NO. N2006 -0554. [100 -20061 Conditionally approve the request of the Newport Beach Restaurant Association for the installation of 100 banners, from December 13, 2006 to January 26, 2007, for the inaugural Newport Beach Restaurant Week (installation will be along Coast Highway between MacArthur Boulevard and Dover Drive, Newport Boulevard between Hospital Road and 32nd Street, Jamboree Road north of East Coast Highway, and MacArthur Boulevard north of East Coast Highway). Motion by Mayor Pro Tem Selich to approve the Consent Calendar, noting the correction and abstentions on Item 1 by Council Members Curry, Henn and Gardner, and the withdrawal of Item 12. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner J. ITEMS REMOVED FROM THE CONSENT CALENDAR - None. K. PUBLIC HEARING 17. DAY CARE REGULATIONS (PA 2006 -211) - CODE AMENDMENT NO. 2006- 007 - TO REVISE THE LAND USE REGULATIONS TO DISTINGUISH DAY CARE CENTERS FOR CHILDREN AND THOSE FOR ADULTS AND ESTABLISH SPACING, CONCENTRATION, PARKING, AND OPERATIONAL STANDARDS FOR LARGE FAMILY CHILD CARE HOMES. [100 -20061 Senior Planner Alford provided the staff report, explaining the amendments to the zoning code to allow the City to take full advantage of the standards that are allowed for large family child care homes under the California Child Care/Day Care Facilities Act. Mayor Rosansky opened the public hearing. Joe Garrett expressed support for the regulations and expressed concern relative to the lack of regulations for small day care facilities. Senior Planner Alford reported that State law only allows the City to apply spacing, parking, and noise requirements to large day care facilities; however, the ordinance applies to small and large day care facilities as it relates to licensing, the care provider's Volume 57 - Page 869 City of Newport Beach City Council Minutes December 12, 2006 residence, and additional standards. Dick Nichols stated that he called the State of California on the day care matter and they stated that they would not issue two licenses on the same property. It doesn't apply to apartment buildings because two licenses can not be issued when the entrance is shared. He suggested that a follow up be done to see if it would work in Newport Beach. Mayor Rosansky closed the public hearing. Motion by Council Member Webb to introduce Ordinance No. 2006 -27 approving Code Amendment No. 2006 -007, and pass to second reading on January 9, 2007. L. PUBLIC COMMENTS Stephanie Murguia announced that Leadership Tomorrow is seeking nominations for the Excellence in Community Leadership award. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None. Council Member Webb suggested that the committee list be reviewed and modified. N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR DECEMBER 7, 2006. (100 -20061 Interim Planning Director Lepo reported on the following Planning Commission items: Thirty First Street LLC (PA2006 -031) - 407, 409, 411 and 413 31st Street; Isla Vista Homes (PA2004 -123) - 1499 and 1515 Monrovia Avenue; Newport Beach Brewing Company (Use Permit No. 3485) - 2920 Newport Boulevard; Newport Bay Marina (PA2001 -210) - 2300 Newport Boulevard; Hoag Healthcare Center (PA2006 -113) - 500 -540 Superior Avenue; and Janet and James Walkie Ray Residence (PA2006 -247) - 15 Bay Island. O. CURRENT BUSINESS 19. RESOURCE AND RECREATION MANAGEMENT PLAN FOR BUCK GULLY, AUTHORIZATION TO CONTRACT WITH THE IRVINE RANCH LAND RESERVE TRUST (IRLRT) (C- 3905); BUDGET AMENDMENT OF $199,875. [381100 -2006] City Manager Homer Bludau asked to continue this item indefinitely. Motion by Mayor Pro Tern Selich to continue this item indefinitely. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 20. GENERAL PLAN IMPLEMENTATION, COMPLETION OF LOCAL COASTAL PROGRAM AND APPOINTMENT OF AN AD HOC IMPLEMENTATION COMMITTEE. 1681100 -20061 Volume 57 - Page 870 City of Newport Beach City Council Minutes December 12, 2006 Assistant City Manager Wood presented a PowerPoint presentation relative to the implementation of the new General Plan. She discussed the 18 month exemption period for single family and two family developments and which entity may become the reviewing authority. After discussion it was decided that an ordinance to limit the exemption to three months would satisfy the requirement to comply with the new General Plan Policy. Mayor Pro Tem Selich suggested allowing the property owners to write their own specific plan regulations and bring it before the City for evaluation. Council Member Webb expressed concern relative to the 18 -month moratorium and believed that the City should work within the boundaries of the new General Plan and begin crafting a workable zoning code. Assistant City Manager Wood reported that staff recommends forming an Ad Hoc Implementation Committee and discussed the committee's makeup and duties. Discussion ensued relative to the importance of public outreach during this process. Dr. Emanuel Shaoulian provided a handout and expressed concern relative to how the zoning changes are impacting his project on Old Newport Boulevard and requested a continuance or that a committee be formed to look at the special circumstances. Brion Jeannette noted that he was on the Specific Plan Committee and currently sits on the Economic Development Committee, who discussed combining lots /mixed uses to help revitalize Old Newport Boulevard. He supported forming the committee and offered his services on the committee. Council Member Webb questioned if the new General Plan changes relate to Old Newport Blvd. In response to Council Member Webb's question, Assistant City Manager Wood confirmed that the General Plan does not allow mixed use and limits the floor area ratio to .5 instead of .7 on Old Newport Boulevard. David Diamond suggested that grandfathering be limited to projects that already have a use permit. Michael Schafer, representing the Orange County ENT Group, said he was not notified of any changes to the Zoning code until they submitted a mixed use project packet to the City. Staff directed them to present the issue to Council to ask for consideration because their plans are now inconsistent with the zoning code. City Attorney Clauson stated that the property owners would have to file for a General Plan Amendment or Council could consider zoning incentives. Assistant City Manager Wood stated that the City conducted hearings that were advertised in The Daily Pilot on a weekly basis prior to the approval of the General Plan. Council finalized the General Plan on July 25th. Mr. Schafer stated that their project was submitted in April. Kevin Quick stated that he and business owners in that area did not know about the changes to the General Plan. He hoped that Council would give the area special consideration. Assistant City Manager Wood summarized the direction provided by Council. Motion by Mayor Pro Tern Selich to prepare an interim Ordinance that would Volume 57 - Page 871 City of Newport Beach City Council Minutes December 12, 2006 prohibit uses and developments that are inconsistent with the new General Plan; to include a grandfathered provision for projects that had City discretionary approval consistent with the General Plan and zoning prior to November 7, 2006; the interim ordinance would require compliance with new General Plan policies with an exemption for single and two - family developments until April 1, 2007; the interim ordinance would also establish a temporary review process for uses and developments that are consistent with the new General Plan but not consistent with the existing zoning code; and establish the committee as proposed by staff. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Motion by Council Member Webb to adopt Resolution No. 2006 -106, as amended to add public participation as a duty of the committee, establishing the General Plan/Local Coastal Program Implementation Committee and sunsetting the General Plan Update Committee, General Plan Advisory Committee, the Local Coastal Program Certification Committee, and the Ad Hoc Committee for revisions to the Zoning Code; and approve the Mayor's appointment of City Council Members Selich (Chair), Daigle, and Rosansky to the Committee. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 21. ESTABLISHMENT OF AN AD HOC COMMITTEE FOR NEGOTIATING A DEVELOPMENT AGREEMENT FOR THE HYATT REGENCY NEWPORT BEACH TIMESHARE PROPOSAL. (100 -2006] Assistant City Manager Sharon Wood stated that it is standard procedure for the City when negotiating Development Agreements to have two council members work with staff and the applicant. Mayor Rosansky recommended himself and Mayor Pro Tem Selich. Motion by Council Member Curry to 1) adopt Resolution No. 2006 -107 creating an Ad Hoc Committee for negotiating a possible Development Agreement between the City and the Sunstone Hotel Investors, Inc. to consist of two (2) Council Members; and 2) to confirm the Mayor's appointments of Mayor Rosansky and Mayor Pro Tem Selich to the Committee. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pm Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner P. MOTION FOR RECONSIDERATION - None. Q. ADJOURNMENT - at 8:50 pm. Volume 57 - Page 872 City of Newport Beach City Council Minutes December 12, 2006 The agenda for the Regular Meeting was posted on December 6, 2006, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary 'r1 � / - City Clerk Volume 57 - Page 873