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HomeMy WebLinkAbout01 - Regular Meeting MinutesDecember 12, 2006 Agenda Item No. l CITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 28, 2006 — 7:00 p.m. STUDY SESSION - Cancelled A. RECESSED AND RECONVENED AT P R. FOR REGULAR ME G B. ROLL CALL Present: Council Member Selich, Mayor Pro Tem Ros Mayor Web Council Member Ridgeway, Council Member Daigle, Council er ' bola Excusech Council Member Curry C. CLOSED SESSION REPORT City Attorney Clauson announced that City Council horized the City Attorney to enter into a settlement agreement with the City o far the ult' dismissal of the CEQA challenge to the 2323 Main Street Project upon Irvin re g all proje ppravals. D. PLEDGE OF ALLEGIANCE - Counci ember 8 E. INVOCATION - re Robert Jo oss, Newpo. Universalist Society F. ENTA NS lGr an d u r y Presen tion -Judge Peter Polos discussed the duties, , an nefits o e Grand Jury. Operation st 2006 Presentation by Brad White, National Chairman, Yellow Ribbon Amer - Ci erk Harkless announced that people can bring unwrapped toys for military childre or new Irused DVDs for the troops to City Hall on December 14 from 10 a.m. to 11 a m. She o announced that people can bring these items to the City Clerk's office until cember 20 find that Operation Christmas will have a booth and Humvee at the Winter derland vent on Saturday, December 9. Brad White, State Christmas . Committee, ce t more information can be found at www.yeHowribbonameriea.org. Frie of the Library Presentation of Check - Martin Flink, President of the Friends of the Newport Beach Library, presented Karen Clark, Vice Chair of the Board of Library Trustees, with a check for $158,550. Bayview Landing Senior Apartments Award - Program Manager Trimble displayed the Project of the Year Award from the Related Companies for the Bayview Landing Senior Apartments Project. G. NOTICE TO THE PUBLIC H. Volume 57 - Page 858 City of Newport Beach City Council Minutes November 28, 2006 REPORT (NON - DISCUSSION ITEM): Council Member Nichols indicated that the neighbors on Ocean Front were disappointed that there was no Study Session tonight to discuss evening parking permits. Council Member Daigle announced that she attended the Corona del Mar Marian Bergeson Pool Refurbishment Committee meeting and that they will be holding a fundraiser on March 3 at the Pacific Club. She noted that the City is already going to contribute, but people can get more information about the efforts by going to www.edmpool.org. Mayor Webb announced that he will be asking Council to adjourn tonight's me g to Monday, December 11 at 6 p.m. to hold the swearing -in ceremony and to recognize outgoing Council Members. City Attorney Clauson confirmed that this would require a on at the end of the meeting. I. CONSENT CALENDAR READING NUT S/ORD NANCES D RE TIO S 1. MINUTES OF THE ADJOURNED R REGULAR NGS OF NOVEMBER 14, 2006. 1100 -20061 Waive go subject minutes, appro as written and order filed. 2. READING OF ORDINANC RESOL ONS. Waive reading in full of all ordinances and resolutions and co ation, and ct City Clerk to read by title only. ORDINANCES FOR ADOPTION 3. CODE NT 2006 -00 - NE C TER LAND USE AND PARKING REG ONS A 2006 -19 100 -20061 Adopt Ordinance No. 2006 -24 approving Code endme No. 2006.006 vising land use regulations and parking requirements form Nretions E -GROUP 'RESIDENTIAL FACILITIES (PA 2006 198). 0Adopt Or ce No. 2006 -25 approving Code Amendment No. 2006- 005 re relating to Group Residential Facilities. AME MENT NO. 1 TO AGREEMENT NO. D98 -096 WITH COUNTY OF ORANGE FOR HE IRVINE AVENUE ROADWAY WIDENING PROJECT FROM SOUTH B TOL STREET TO MESA DRIVE (C-8658). [381100 -20061 Approve Amendment 1 to Agreement No. D98 -096 with the County of Orange for additional responsibilities and cost sharing for the Irvine Avenue Widening project from South Bristol Street to Mesa Drive. 6. MEMORANDUM OF UNDERSTANDING (MOU) WITH THE PELICAN POINT COMMUNITY ASSOCIATION (C-8904). 1381100 -20061 Approve the MOU with the Pelican Point Community Association to include the Association under the City's ocean discharge exception application to the State Water Resources Control Board to allow storm water discharge to Areas of Sensitive Biological Significance and authorize the Mayor. City Attorney and City Clerk to sign the MOU. SOUS Volume 57 - Page 854 City of Newport Beach City Council Minutes November 28, 2006 J. 10. SANTA ANA RIVER VISION PLAN - ADVISORY COMMITTEE FORMATION (contd. from 11114106). 1100 -20061 1) Adopt Resolution No. 2006 -100 establishing the Santa Ana River Advisory Committee; 2) appoint the proposed list of organizations and their designated representatives to the City's Santa Ana River Advisory Committee; 3) designate Mayor Pro Tem Rosansky to chair the committee; and 4) accept a $5,000 grant from The Wildlands Conservancy to begin work on a vision document. 11. PURCHASE OF PLAYGROUND EQUIPMENT AT MARINERS PARK. 1100 -20061 Approve the purchase of Landscape Structures Play Equipment in the amount of $56,651.83, which will be funded through the State of California 2002 Resogoe Bond Act. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUND O MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 200 0 -20061 Approve a budget amendment (07BA -028) to increase revenue es ' s by $1 50 in Amount No. 4091 -5892 (Friends of the Library Donations), and ' ease mainten and operations expenditure estimates by $155,550 in Division 40 riends, and $3,00 ' Division 4060, Literacy. ,10 Motion by Mayor Pro Tern Rosans :y to appro nt Calendar, except Bose items removed (7, 8 and 9). The motion carried by the following ro vote: Ayes:. Council Member Selich, May Pr Bosons Mayor Webb, Council Member Ridgeway, Council Member Dai , CouncL ber Ni s Absent: Council Member Curry 7. BAY NU AREA DRAI AGE IMPROVEMENTS - COMPLETION AND ACCEP C CONTRAC C- 3695).1381100 -2006] Me Ridgewa the City has a penalty clause against the contractor for being eapo e. Public Works Director Badum explained that the contractor could not handle a proj nd that the City Attorney's office has determined that it is not in the City's b interes pursue liquidated damages. Council Member to 1) accept the work; 2) authorize the City Clerk file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Ma als bond 35 days after the Notice of Completion has been recorded in accordance w' applicable portions of the Civil Code; and 4) release the Faithful Performance Bond e (1) year after Council acceptance. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry 8. FIRE STATION NO. 6 GENDER MODIFICATIONS AND POLICE DEPARTMENT BUILDING MODIFICATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3640). 1381100 -20061 Council Member Ridgeway asked why the City did not impose liquidated damages on the contractor. Public Works Director Badum noted that the Fire Station project was behind Volume 57 - Page 855 City of Newport Beach City Council Minutes November 28, 2006 schedule due to changes that were made to the plans; however, he confirmed that there were also issues with the contractor and staff does not recommend that this contractor do work for the City again. He added that another problem was that the replacement job superintendent was not suited for the job. He stated that staff did conduct a reference check and reported that the contractor had successfully completed a project in Begonia Park in the past. He confirmed that the City can take the next bidder if it is determined that the company is not responsible. He reported that the staff report documents all the issues so it can be referred to so the contractor can be disqualified from future projects. Motion by Council Member Ridgeway to 1) accept the work; 2) au rite the City Clerk to file a Notice of Completion 3) authorize the City Clerk to rele the Labor and Materials bond 35 days after the Notice of Completion has been (led in accordance with applicable portions of the Civil Code; and 4) release the F ' Performance Bond one (1) year after Council acceptance. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro T Mayor Webb, uncil Member Ridgeway, Council Member Daigle until bar Nichols Absent: Council Member Curry 9. BACK BAY SCIENCE NTER - ROVAL OF AMENDMENTS TO PROFESSIONAL SERVICE C REEMENT H DOUGLAS E. BARNHART (C- 9460), RON YEO (C- 3481), P. PICT (C- 8481). 1281100 -80061 Public Works Director Bad indica t the partment of Fish and Game recommended th no constru n occur ' t of the osprey nest until the two osprey were fly from the ea a noted they-resumed work when this was possible the ere costs ass d with the delay. Coun ' emb Selich refere n Exhibit A and noted that Barnhart's supervisor and roject aid for 15 weeks the project was not ongoing. Public Works r B in ey were still working on the project, just not doing was ion es, and th ey could not be rescheduled to other jobs because it was un wh his project would start -up again. Further, the project manager was assigns e ' to this project. He clarified that the cost is 70% of the actual cost. Council ember way took issue with the architect charging the City more money during a delay w en his costs should not change. He suggested continuing this item in th. order iustify the cost increases. to continue this item to a future meeting in to get clarification relative to the costs. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Noes: Mayor Webb Absent: Council Member Curry K. PUBLIC HEARING 1s. DAVID F. WILHELM MEDICAL OFFICE - 2882 BRISTOL STREET - APPEAL OF PLANNING DIRECTOR USE PERMIT NO. 2006 -021, REQUESTING TO Volume 57 - Page 856 City of Newport Beach . City Council Minutes November 28, 2006 CONVERT 2,626 SQUARE FOOT OFFICE AREA TO MEDICAL OFFICE USE WITHIN AN EXISTING 10,600 SQUARE FOOT OFFICE BUILDING COMPLEX (PA2006 -198). 1100 -20061 Senior Planner Ung reviewed the staff report and reported that the property is legal non- conforming since the County issued a permit without requiring the additional parking spaces. She noted that the Planning Commission disagreed with the Planning Director's determination. She stated that the applicant is proposing to add two parking spaces which would increase the spaces to 47, when 48 spaces are required. Council Member Selich referenced Section B -2 of the Specific Plan and eyed that this gives the authorizing body a lot of flexibility. However, the residenplle lieve that Section E -2 prohibit any use that is not a permitted use. City Attorney on indicated that she does not disagree with Council Member Selich's ana . since the Planning Commission has the discretion to determine whether t "ect m the intent of this Section, then medical offices are a permitted use. In response to Council questions, City Atto other Professional and Administrative O medical uses are permitted in office spaces. offices. She further confirmed that the City use permit process and conditio "t so only a cei time. In response to Council quesrO buildings on site and each have She noted thatAbaincreased nu Mayor 44bb operpd the public bApKng. �Cla pointed out t there are nc PA nes in the City and ed thal greed that PA zones are apparable tc cil can allow a medical use through the number of employees are working at a reported that there are two ips that share the parking lot. still be shared commonly. David Neapplii cant an his architect Nile Saunders, util ized a PowerPoint ntw the in ased parking spaces will be reached through restriping l doctor only sees about 16 to 18 patients a day. Mr. Saun that the will be redoing the handicap spaces because they do not curren that the other condominium owners signed an agreement to share the par discussed the difficulty of driving through the neighborhood to get to the offi that their trip generation is less than a normal office building's trip genera n. Dr. Wilhelm indicated that the proposed staff condition is restrictive, but he is not o d to it. Grp Carroll, Vice Chairman of the Project Advisory Committee, presented a letter and pressed their objection to the project. He also took issue with the impact it would have on the area since they already have a traffic problem. He supported the staffing condition but expressed concern about future uses at the site. He agreed with the Planning Commission's decision. City Attorney Clauson confirmed for Mayor Webb that, if the property is sold, the conditions placed on the property transfers to the next owner and they would need to come in and request an amendment to change it. Hearing no further testimony, Mayor Webb closed the public hearing. Council Member Selich indicated that he recommends conditioning the use to one dentist, two hygienists, and support staff at one time. Further, he supports the increased parking spaces as proposed by the applicant. He noted that the medical use would only Volume 57 - Page 857 City of Newport Beach City Council Minutes November 28, 2006 generate 40 trips/day, while office use would generate 56 trips/clay. Motion by Council Member Daigle to affirm the decision of the Planning Commission and approve Use Permit No. 2006 -021 by adopting Resolution No. 2006 -101 with the condition that there can only be one dentist, two hygienists, and support staff working at one time and to increase parking as proposed by the applicant. Council Member Ridgeway stated that the only three parcels that are PA are in this area, and asked that staff look into this if there are any ambiguities. Mayor Webb indicated that he visited the site and there were always empty parking spaces. He ;equested that staff come back with clarification so this type of interpretational problevXbesn1 come up again. In. response to Council Member Selich's question, Public Wor r Badum indicated that street alignment studies have not been conducted m area, this may be looked at in the future to determine what types of traffic es are occ g. Mayor Webb believed that the study should also look at the lun ours. The motion carried by the following roll Ayes: Council Member Selich, Mayor Pro TV Mayor Webb, Coi cil Member Ridgeway, Council Member Daigle, Co Member Nichols Absent: Council Member Curry L. PUBLIC COMMENTS Lori Morris requested that Council d somet t t rehabilitation facilities on the Peninsula and invite cil to the W t N ort Ho hers Association meeting tomorrow at 7 p.m. She qu y the City co ntrol the facilities when the City of Irvine has the ability to con , mond stop th om going into their city. M. Denys Oberman to the State indtated that local governments can regulate rehabilitation fa ' ' ' the ca t con campuses. She expressed concern that her area has acing m ansient an is inconsistent with the City's General Plan. She submitted ph and sted that Council visit her neighborhood at 6:30 a.m. and 9 p.m. Ken Kuhhnan ' ted t there are 100 rehabilitation facilities in the West Newport area and that they hold es ev day during the summer. He stated that the neighbors are going to out who o the facilities and will pursue the matter further. Xdl Me er Daigle reported that the City is trying to better this situation. Motion by Council Member Ridgeway to waive any committee reports by the City Council. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Absent: Council Member Curry N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR NOVEMBER 16, 2006. 1100 -20061 Volume 57 - Page 858 City of Newport Beach City Council Minutes November 28, 2006 Lo Interim Planning Director Lepo reported on the following Planning Commission items: Newport Beach Brewing Company (Use Permit No. 3485) - 2920 Newport Boulevard; Newport Bay Marina (PA2001 -210) - 2300 Newport Boulevard; Thirty First Street, LLC (PA2006 -031) - 407, 409, 411 and 413 31st Street; Hoag Healthcare Center - 500 -540 Superior Avenue; and Code Amendment 2006 -007 - Day Care Regulations. In response to Council Member Selich's question regarding PA2006 -031, Interim Planning Director Lepo discussed the measures to mitigate noise between Woody's Wharf and residents. 15. DEVELOPMENT REVIEW, PLAN CHECKING AND PLANNING PARTMENT OPERATIONS STATUS REPORT. (100 -2006] Without objection, it was the consensus of the City Council to nd file the report. CURRENT BUSINESS 16. UNSCHEDULED VACANCY ON THE PLAN G C MMISSION. 0 -20061 Motion bv-MavQr Pro Tern Rosans eclare a vacancy on Planning Commission due to the election of Michael a the District 1 City Co un ember; 2) confirm the Mayor's appointment of Mayor We Mayor Pro Tem Rosansky, and Council Member Selich to serve on th -Hoc Appoint is Committee; and 3) direct the City Clerk to post and publish a Vacancy .ce requesting that applications be submitted by 4:00 p.m. on Th y, mber 21, 6, and schedule the submission of the nominations to the Council Janus 007 wi a final appointment to be made on January 23, 2007. W The moti e y the folio call vote: Ayes: until ember Selich ayor Pro Tem Rosansky, Mayor Webb, Council Member ouncil Memb Daigle, Council Member Nichols received confirmation that the Planning Commissioner does not have tolEve in DVWct 1. 17. APPEJ PROC URES. (100 -2006] by Council Member Ridgeway to adopt Resolution No. 2006 -102 initiating an Lent to Title 20 of the NBMC to revise procedures relating to the initiation of by City Council Members. Mayor Pro Tem Rosansky believed that two or more Council Members should be required to appeal an item. Mayor Webb agreed with Mayor Pro Tem Rosansky. Council Members Selich, Nichols, and Ridgeway agreed with changing it back to how appeals were originally handled. Council Member Daigle believed that anything less than four Council Members is progress, but could support requiring two Council Members. Substitute motion by Mayor Pro Tem Rosanskv to adopt Resolution No. 2006 -102 initiating an amendment to Title 20 of the NBMC to revise procedures relating to the initiation of appeals by City Council Members, but require that two Council Members be required to appeal an item. The substitute motion failed by the following roll call vote: Volume 57 - Page 859 City of Newport Beach City Council Minutes November 28, 2006 Ayes: Mayor Pro Tern Rosansky, Mayor Webb, Council Member Daigle Noes: Council Member Selich, Council Member Ridgeway, Council Member Nichols Absent: Council Member Curry The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Noes: Mayor Pro Tem Rosansky, Mayor Webb Absent: Council Member Curry 18. INDEMNIFICATION FROM THIRD PARTY CHALLENGES CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATI AND OTHER DISCRETIONARY APPROVALS. 1100 -80061 City Attorney Clauson provided the staff report and co ed that gives authority to the approving body to include a condition of appro v t requires in nification if it is advisable to do so. She stated that this wo ve be part of the jset approval process. Motion by Council Member Curry to in ce Ordinance No. 2006 -2 d pass to second reading on December 12, 2006. The motion carried by the follo call vote: Ayes: Council Member Selich, ayor m Ro Mayor Webb, Council Member Ridgeway, Council Mem r Daigle Me r Nichols Absent: Cc bar Curry 19. PURC E OF CE TRAI 1100 -80061 Public Its r Badum u d a PowerPoint presentation to show the working tions ' g and blic Works Departments, and to discuss alternatives id in ad ra, the cost of the trailers, and the potential locations of the tr In reap a to cil questions, City Manager Bludau explained the benefits of placing the tra' a on th City Hall campus and not at the .City Yard. Public Works Director BadumiFeported that the Public Works Inspectors park their personal vehicles at the Utihtiffi Yard and then pick up their City vehicle. He emphasized the importance of the wor relationship between the inspectors and Public Works staff on Capital I ovement Projects. He confirmed that the trailers will be used by Public Works O!rspectors and Planning staff. He indicated that they prefer Plan A or Plan B. Mayor Webb indicated that he could support Plan 'B or Plan C. Council Member Ridgeway believed that there are some benefits to having Planning staff located as indicated in Plan D. Mayor Webb suggested that staff decide on the beat plan between Plan B, Plan C, and Plan D, and let Council know what it recommends. Motion by Council Member Rid¢ewav to 1) approve a budget amendment (07BA -027) transferring the amount of $75,000 from the unappropriated General Fund to Account No. 6100 -9400; 2) approve a budget amendment (07BA -027) transferring the amount of $76, 000 from the unappropriated General Fund to Account No. 2710 -9400; 3) approve the purchase of two (2) 24' x 40' office trailers from Modular Structures International at a cost Volume 57 - Page 860 City of Newport Beach City Council Minutes November 28, 2006 P Q not to exceed $94,242; and 4) allow staff to decide on the location of the trailers based on . staff efficiency. The motion carried by the following roll call vote: Ayes: Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Abstain: Council Member Nichols Absent: Council Member Curry MOTION FOR RECONSIDERATION - None. Mayor Webb suggested that the meeting be adjourned to Monday the swearing -in ceremony and recognize the outgoing Council Mem Motion by Council Member Ridgeway to have the sw meeting on December 12. Motion died for lack of a second. JOURNMENT - Adjourned at 9:13 p.m. to Mond 11, at 6:00 p.m. at 6 p.m, to hold at the regular The agenda for the Regular Meetin was posted oxiKovember 22, 2006, at 12:16 p.m. on the City Hall Bulletin Board IJF4W outside It the City of Newport Beach Administration Building. City Recording Secretary Mayor Volume 57 - Page 861