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HomeMy WebLinkAbout01 - Regular Meeting Minutes - 03-09-10Agenda Item No. 1 March 23, 2010 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 9, 2010 — 7:00 p.m. I. STUDY SESSION - Cancelled II. CLOSED SESSION - 5:00 p.m. A. Conference with Lee 11 C. 0 1. Potential initiation of outstanding transient The City Council will meet in employment, eval n of perfo employee(s). 1. 7Etles: City Resources - Initiation Of companies to recover session to consider the appointment, discipline, or dismissal of one public Bill Avery of Avery & Associates and Terri 17 m e za Newport Beach associations: Lifeguard age sso Newport Beach Firefighters' Association (NBFA), Po Ma ement (PMA), Police Employees' Association (PEA) and Fire age t Association (FMA) 1. Iffrovertv: Access road to Sunset Ridge Park City Negotiator: Sharon V ood, Assistant City Manager; Dave Webb, City Engineer godating Parties. Newport Banning Ranch nder Negotiation: Acquisition of access road easement to Sunset Ridge rk 2. Property: SCE Parcel located at location of proposed Marina Park City Negotiator: Dave Webb, City Engineer Negotiating Parties. Southern California Edison Under Negotiation: Potential acquisition of property for use in park project. III. RECESS Volume 59 - Page 408 City of Newport Beach City Council Minutes March 9, 2010 IV V. VI. VII. VIII. DI. Lo W RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle CLOSED SESSION REPORT - None PLEDGE OF ALLEGIANCE - Council Member Selich INVOCATION _ -Mr. Frank Carpenter ip _PRESENTATIONS Proclamation to Santa Ana Heights Committee (PAC) - Mayor Curry read tl past Chairs, and PAC Committee Members Census 2010 - U.S. Census Bu presentation to discuss the pur dates, and targeted populations. that census data holds. Mayor Curry discussed th from its Sister City, Osaka, NOTICE TO THE PUBLIC Agency Project Advisory I presented it to Tim Stoaks, 7e Dwight Delga tilized a PowerPoint confidentiality, s ty, importance, key Webb noted the genealogical significance a gift to the City of Newport Beach Council Memb D ounced t t the Airport Working Group's (AWG) annual meeting rch 201 Yacht Club. She also reported that she attended a nferenc an o that had a ssion about airport issues. Council Mem Gar reported on Megonigal project outcomes. In response to her requests for cla cation, 'ty Attorney Hunt commented on actions taken by the Office of the City Attorne rdin recent Police personnel issues. City Manager Kiff noted that he 'll provide Con il with the City's demonstration/riot policy. May ro Tern enn thanked staff for their diligent follow -up and improved condition of the Balboa ulev d/PCH shopping center. He also reported on a press conference that he attended Council Member Gardner regarding an initiative that would prohibit the State from g money from local governments. Council Member Rosansky reported that he and Council Member Selich will be bartending at the Bungalow Restaurant on March 15 to raise money for the Newport Beach Film Festival. Mayor Curry reported on the Toshiba Golf Tournament which had a record attendance and raised over $900,000 for Hoag Hospital, and noted his and Council Member Rosansky's participation during Youth Government Day. He also discussed the role of technology to improve efficiency in the City and recommended that a Citizen's Technology Task Force be Volume 59 - Page 409 City of Newport Beach City Council Minutes March 9, 2010 formed. XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF FEBRUARY 23, 2010. [100 -2010) Waive reading of subject minutes, approve as written, and order filed. 2. READING OF ORDINANCES AND R"OLUTIONS. Waive reading in full of all ordinances and resolutions Eder consideration, and direct City Clerk to read by title only. B. CONTRACTS AND AGREEMENTS 5. IRVINE AVENUE SID F�ALK WIDE NI\theMa 2) - AWARD OF CONTRACT. [38/100 -200) a) pprove the p and specifications; b) declare the apparexpf ow bad y Pivot Groe non - responsive; c) award Contract N0, 4432 S.J. Grigolla CCompany, Inc. for the total bid price of $8 .00, and authorizand the City Clerk to execute the contract; d) establish an amount of $8,700.00 (10 %) to cover the co t of unforeseen k. 6. BALBOA ERGENC ',,2EPAIRS (C -4326) - COMPLETION AND ACCE AN 8/100 -204 a) Accept the completed work and authorize the (Pity Clerk Notiof Completion; b) authorize the City Clerk to release he La an rials Bond 35 days after the Notice of pletion has e corded in ac rdance with applicable portions of the ` nb Ci Code; and lease the Faithful Performance bond one year after Co cil acceptance. 8. ., CI CLERK IRST AMENDMENT TO EMPLOYMENT 9T'e 'ent 0). (381100 -2010) Approve the first amended e oyment agR with City Clerk Leilani Brown for a total base corn ation of $110,829.82. C. MISC ANE 9. NING COMMISSION AGENDA FOR MARCH 4,2010.1100-20101 ceive and file written report. ECOND QUARTERLY REPORT ON PERFORMANCE MEASURES. [100 -20101 Receive and file. motion "mayor rro Tom Henn seconded by Council Member Rosansky to approve the Consent Calendar, except for the items removed (3, 4 and 7). The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosanaky, Mayor Pro Tem. Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR Volume 59 - Page 410 City of Newport Beach City Council Minutes March 9, 2010 3. TRANSFER OF EXCESS BONITA CANYON BOND FUNDS. [100 -2010) In response to Council Member Selich's question regarding giving funds back to the school district, City Manager Kiff suggested exploring options such as designating a Council Member to work with staff and the school district to discuss appropriate use of funds. Without objection, Mayor Curry designated himself to work with staff. Council Member Daigle noted the City's long partnership with the school district and stated that many of the improvements would benefit the community. Council Member Rosansky commented on the i rtance of making sure City needs are met first. Motion by Council Member Selich con_ by Council Member Webb to continue the item to the April 13, 2010 we eting. The motion carried by the followingYoll call vote: 6' Ayes: Council Member Selich,; Coungi='Member Rosansky, yor Pro Tem Henn, Mayor Curry, Council Men er Webb, Council Mem Gardner, Council Member Daigle 4.. TSUNAMI WAR G SYSTEM ( 52) - AWARD OF CONTRACT. [381100 - 20I01 In response to Counc Iembe le's ques ' n, City Manager Kiff clarified what residents should do in to event nam' warning and encouraged residents to regrs their phone n ber www.a atom. M r Pro 'em Henn su ted better communicating the evacuation plan for the sula nd recommendd advising residents on which television and radio ns to a to during an ergency. tion " Cou` cr) ambe Webb seconded by Mayor Pro Tem Henn to a) a ve t roject drawings and specifications; b) award Contract No. 4152 to Inte io ' e Builders, Inc. for the total bid price of $122,810.00, and authorize the Ma r and City Clerk to execute the contract; and c) establish an amount of $12,281. (10 %) over the cost of unforeseen work. The moti carried by the following roll call vote: yes: C cil Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, yor Curry, Council Member Webb, Council Member Gardner, Council ember Daigle 7. REVIEW OF SEAWALL INTEGRITY FOR BALBOA AND LITTLE BALBOA ISLANDS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH EVEREST INTERNATIONAL CONSULTANTS, INC. (C- 4497). [881100- 2010] Council Member Daigle discussed the internal auditor who will be looking closely at billing. In response to Council questions, Public Works Director Badum clarified. IRS rates Volume 59 - Page 411 City of Newport Beach City Council Minutes March 9, 2010 Kikfa and discussed the scope and timing of the project Motion by, Council Me__mbe_r_ Selich, seconded by Council Member Webb to approve a Professional Services Agreement with Everest International Consultants, Inc. (Everest) of Long Beach, to conduct an assessment of the conditions of the seawalls surrounding Balboa and Little Balboa Islands (Islands) at a contract price of $116,931.00, and authorize the Mayor and City Clerk to execute the Agreement. The motion carried by the following roll call vote Ayes: Council Member Selich, Council Member ansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, er ouncil Member Gardner, Council Member Daigle Mayor Pro Tem Henn reported on twos Executive Committee: Behnare Shoppn; rehabilitation facility abatement at !810 Finance Committee met to discuss" bun study program that may be run on a rollui and a feasibility study on a suggested owns Center that has the potentior significant ms discussed b e Economic Development Copter improvam and the group home .eanfrow Avenue. so reported that the et for fiscal year 2010/ 1, a cost allocation basis, a presentation from an internal auditor, controlled insurance program for the new Civic Council Member Daigle rep >'the er �viation Committee discussed impacts from the DUKE -ONE RNAV p ce DUO procedure. Council Member Gardner note a Communications Committee will be bringing sug olicies to Co ;1.MAW OU Ma Cu the p lie hi ON-EXCLU SOLID WASTE COLLECTION FRANCHISE s E 5 TEM, INC. [421100 -2010] 4 opened the public hearing. Hearing no testimony, he closed n¢. to adopt rdinance No. 2010 -4, awarding a non - exclusive solid waste collection franchis Universal Waste System, Inc. he mo on carried by the following roll call vote: A ouncil Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council i Member Daigle 12. OLD NEWPORT $ OULEVARD GENERAL PLAN AMENDMENT 328, 882 AND $40 OLD NEWPORT BOULEVARD (PA2008-047) - GENERAL P14AN AMENDMENT NO. GP2008 -001 TO INCREASE THE ALLOWABLE FLOOR AREA TO LAND AREA RATIO (FAR) FOR THE PROJECT SITE FROM 0.6 FAR TO 1.0 FAR; USE PERMIT NO. UP2009 -006 TO ALLOW AN ELEVATOR AND STAIRWELL ENCLOSURE TO EXCEED THE 32 -FOOT BASE HEIGHT Volume 59 - Page 412 City of Newport Beach City Council Minutes March 9, 2010 LIMIT); MODIFICATION PERMIT NO. MD2009 -016 TO ALLOW THE PROPOSED SUBTERRANEAN PARKING REA TO ENCROACH 3 FEET INTO THE 5 FOOT REAR YARD SETBACK; TRAFFIC STUDY NO. TS2009- 002 PURSUANT TO THE CITYS TRAFFIC PHASING ORDINANCE; AND A SEVEN SPACE OFF - STREET PARKING CREDIT COMMENSURATE WITH THE NUMBER OF ON-STREET PARKING SPACES AVAILABLE LONG THE PROJECT FRONTAGE. [100 -20101 Associate Planner Murillo utilized the staff report to clarify the applicant's request, provide a brief background, and note required appr Is. Mayor Curry opened the public hearing. Dr. Emanuel Shaoulian, applicant, utiliz a P"lrPoint presentation to discuss his background, the requested project pla ow exist problems would be fixed, and existing site conditions, and intrody{ged his project tn4n. . w Architect Michael Swain utilized a PoWerPoint presents. to discuss the building and architectural details of the nroiect. Planner /Developer Bill Holman discussed parking, traffic, and land use compatibility issues. Philip Lugar expres ort for the pfyjpct. Jay Vanderwal expre ed con with thf` eight and length of the proposed building. Tom expressed co far the neighborhood's quality of life if the project is ap 'oved a d requested cation about the amendments. Abr s expressed co ern over the project and felt it is not compatible with the n ' _ b and expressed osition to the project and believed that the project does not ly the General Plan. Tom A ms a sed concern relative to the size of the building for the neighbo ood and ' creased traffic. Barbara awlings expressed support for the project. ed R lins opposed the project and discussed increased traffic and possible traffic h Lu a Baker read a letter from resident Margaret Chapman opposing the project. ; Joy Sanders discussed the need for a designated on -site smoking area and expressed concern for traffic safety. Katie Sanders expressed concern for increased traffic. Stewart Wheaton expressed concern for traffic safety in the area and traffic pattern changes. Volume 59 - Page 418 City of Newport Beach City Council Minutes March 9, 2010 Joe Disell expressed concern for parking congestion and traffic safety. Richard Walton opposed the project and believed it would deteriorate the quality of life in the neighborhood. Christine Drage expressed concern for the size of the project with the neighborhood. Don Krotee expressed support for the project. In response to Council Member Gardner's question, he discussed the transition in that area. 1 Michael Brickman opposed the project, believed it ould not set a good precedent if approved, and asked audience members to stan opposition. Anthony Budawano expressed concern for t3*a safety and parking congestion. Dr. Emanuel Shaoulian believed t #aehis is a or nothing project and that he will try to decrease the impacts 99 the neighborh Hearing no further testimony, Mayjot Curry closed public hearing. In response to Council k9 q1 �s, Architect Michael Sw discussed height, I'll lighting, handicap parking, s' - ce fmishes in the parkirig garage, and the articulation of the allev wall. Council ember lvsansky discussed lot consolidation, zoning, project benefits, the height o he building, and buffering. He expressed support for the project and felt it would b a catalyst for redevelopment in the area. He also believed that there is no need or opaque windows at the back of the building and that light dimmers will Co il Member Gardner suggested additional conditions to the project, such as ens ing that trash is picked up by 7:00 p.m., the installation of automatic shades on the windows in the alley, and providing sufficient landscaping. Council Member Webb requested to add a condition regarding site distance from the southerly driveway and parking at the neighboring business. Council Member Selich expressed support for Council Member Rosansky's comments and believed that this building opportunity should proceed. Mayor Curry noted the hard work of the applicant and expressed support for the Volume 59 - Page 414 City of Newport Beach City Council Minutes March 9, 2010 project. Motion by Council Member Rosanskv, second_ ed by Council Member Selich to a) adopt amended Resolution No. 2010 -21, with the addition of the conditions regarding trash pickup and parking, and documenting the following City Actions: 1) adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program; 2) find that, based on the weight of the evidence in the administrative record, including Traffic Study No. TX2009 -002, that the Project complies with the Traffic Phasing Ordinance; 3) approve General Plan Amendment No. GP2008 -001 increasing the allowable FAR for "` site to 1A; and 4) approve Use Permit No. UP2009 -005, Modification Permit MD2009 -016 and the requested off - street parking credit. The motion carried by the following roll vo Ayes: Council Member Selich, Cou #&f Member sky, Mayor Pro Tem Henn, Mayor Curry, Council Member Gardner, Council mber Daigle Noes: Council Member Webb. XVI. PUBLIC COMMENTS XVIL Barbara Hughes requested assistance fro Council regarding her problems she has been dealing with relative to parking citations a'tt towing. City Manager Kiff requested and received Ms.Hu hes' cont ormation in rder to forward it to the appropriate department. ` �t Don Krotee expressed concern fiv the traffic circle at Clay Street. V noun 1 ember Webb seconded b Ma or Pro Tem Henn to endment No. 3 to Professional Services Agreement (PSA) with EPT ine for Landscape Architectural Services for preparation of the Sunset Design at a not to exceed price of $71,660, and authorize the Mayor and to execute the Amendment; and b) approve Amendment No. 2 to Services Agreement (PSA) with BonTerra Consulting of Costa Mesa for al document preparation for the Sunset Ridge Park project at a not to exceed price of $85,000, and authorize the Mayor and City Clerk to execute the Agreement. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member - Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Volume 59 - Page 416 City of Newport Beach City Council Minutes March 9, 2010 XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT - 9:42 p.m. The agenda for the Regular Meeting was posted on March 3, 2010 at 1:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach j Administration Building.