HomeMy WebLinkAbout04/22/2008 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 22, 2008 — 7:00 p.nL
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:10 p.m.
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
VI. CLOSED SESSION REPORT
City Attorney Clauson reported that Council approved a settlement agreement with The Newport
Beach Brewing Company.
VII. PLEDGE OF ALLEGIANCE -Council Member Curry
VIII. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah
FRq
Presentation by the American Cancer Society of Visionary Award -Relay for Life
Event Committee Pamela Curry, Jennifer Gifford, and Krisztina Scheef, Chairperson of Relay for
Life, presented Council with the Visionary Award and invited Council to attend a special
celebration for cancer survivors on September 17, 2008.
Spirit Run Proclamation - Mayor Selich read the proclamation and presented it to the race
organizers and its youth supporters.
x NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR
Council Member Gardner announced that the Corona del Mar Residents Association will conduct
their annual meeting on April 23, 2008, a parking meeting on April 30, 2008 in the Friends Room
at the Central Library, and a second Banning Ranch workshop on May 1, 2008 in the Council
Chambers at 7:00 p.m.
Council Member Curry thanked the General Services Department for repairing the water damage,
leakage and potholes on San Joaquin Hills Road on April 9, 2008. He also reported that he and
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Council Member Gardner met with a group of kids from the Tiger Woods Center in Anaheim to
participate in Beach Clean -up Day on Sunday, April 20, 2008.
Council Member Webb announced that Linda Biehl, a Newport Beach resident, was awarded the
Order of the Companion of O.R. Tambo, from the South Africa President for outstanding spirit of
forgiveness in the wake of the murder of her daughter and for contributing to the promotion of
non - racism in South Africa.
Council Member Henn announced that he had the pleasure of attending the DARE graduation at
Newport Elementary School. He also congratulated the Police Department for taking 1st place for
the fourth year in a row in the Baker to Vegas 120 -mile Challenge Cup Relay.
Council Member Rosansky announced that the Newport Beach Film Festival kick -off is Thursday.
Mayor Pro Tem Daigle announced that she and the other Council Members participated in the
Children's Reading Week at Mariners Library. She also announced that April 22, 2008 is Earth
Day and the City celebrated with a visit from Governor Arnold Schwarzenegger.
Mayor Selich announced that the annual Balboa Island Town Hall meeting will be held on
Saturday, May 3, 2008 and thanked Pacific Life Foundation for donating $25,000 towards the Back
Bay Science Center at Shellmaker Island. He indicated that he addressed the National Conference
on Building Commission this week.
XII. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR
MEETING OF APRIL 11, 2008.
2. READING OF ORDINANCES AND RESOLUTIONS.
B. RESOLUTIONS FOR ADOPTION
3. ESTABLISHMENT AND APPOINTMENT OF BANNING RANCH
DEVELOPMENT AGREEMENT COMMITTEE. [100 -20081 a) Adopt
Resolution No. 2008 -29 establishing the Banning Ranch Development Agreement
Committee; and b) confirm the Mayor's appointment of Mayor Selich and Council
Member Rosansky.
4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE
TO UNIVERSAL BOBCAT & HAULING, INC. [421100 -20081 a) Adopt
Resolution of Intention No. 2008 -30 setting the public hearing for May 13, 2008 to
consider the award of a Non - exclusive Solid Waste Franchise to Universal Bobcat
& Hauling, Inc.; and b) introduce Ordinance No. 2008 -11 granting a Non - Exclusive
Solid Waste Franchise to Universal Bobcat & Hauling, Inc. and pass to second
reading on May 13, 2008.
E. CONTRACTS AND AGREEMENTS
7. AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN
FOR THE DELIVERY OF NATURAL GAS (C- 2498). 1381100 -20081 Approve
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Amendment No. 1 to agreement with Hoag Memorial Hospital Presbyterian for
delivery of excess natural gas produced from the sixteen City -owned oil wells as a
by- product of oil extraction activities, and authorize the Mayor and City Clerk to
execute Amendment No. 1 to the agreement.
8. BUCK GULLY SEWER FORCE MAIN RELOCATION - COMPLETION AND
ACCEPTANCE OF CONTRACT (C- 3803). [381100 -20081 a) Accept the
completed work; b) authorize the City Clerk to file a Notice of Completion; c)
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 d) release the Faithful Performance Bond one (1) year after
Council acceptance.
9. MARINERS PARK IMPROVEMENTS - COMPLETION AND ACCEPTANCE
OF CONTRACT (C- 3806). (381100 -20081 a) Accept the completed work; b)
authorize the City Clerk to file a Notice of Completion; c) 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; d)
release the Faithful Performance Bond one (1) year after Council acceptance; and
e) approve a budget amendment (08BA -061) recognizing contributions in the
amount of $12,500 from Newport Mesa Unified School District (NMUSD) and
American Youth Soccer Organization (AYSO) per improvements to the school park
site and appropriating $12,500 to Account No. 7251- C5100817.
10. 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF
CONTRACT (C- 3960). [381100 -20081 a) Approve the project plans and
specifications; b) award the contract (C -3960) to Roy Allan Slurry Seal, Inc. for the
total bid price of $286,912 and authorize the Mayor and the City Clerk to execute
the contract; and c) establish an amount of $28,000 to cover the cost of unforeseen
work.
11. PROFESSIONAL SERVICE AGREEMENT WITH MIKE PRLICH & SONS,
INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS
(C- 4041). [381100 -20081 Approve the agreement with Mike Prlich & Sons, Inc. for
emergency underground utility repairs on an on -call basis.
12. WESTCLIFF AREA STREET LIGHT REPLACEMENT PROJECT
CONTRACT (C -3868) - APPROVAL OF AMENDMENT NO, 2 TO
PROFESSIONAL SERVICES AGREEMENT WITH JMD, INC. 138/100 -20081
Approve Amendment No. 2 to the Professional Services Agreement with JMD, Inc.
of the City of Industry for additional professional services at a not to exceed price
of $7,840 and authorize the Mayor and the City Clerk to execute the Agreement.
18. WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND
EQUIPMENT REPLACEMENT - AWARD OF CONTRACT (C- 4005).
1381100 -20081 a) Approve the project plans and specifications; b) award the
contract to R.E. Schultz, the lowest responsible bidder, for the total bid price of
$77,974 and authorize the Mayor and the City Clerk to execute the contract; c)
establish an amount of $7,800 to cover the cost of unforeseen work; and d) approve
a budget amendment (08BA -060) to transfer the amount of $14,000 from Account
No. 7015-C3170816.- Cliff Drive Park Handrail Replacement to Account No. 7015 -
C4120931 - West Newport Park Playground.
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14. TRAFFIC SIGNAL UPGRADES FY05/06 - COMPLETION AND
ACCEPTANCE OF CONTRACT (C- 3827). [381100 -20081 a) Accept the
completed work; b) authorize the City Clerk to file a Notice of Completion; c)
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 d) release the Faithful Performance Bond one (1) year after
Council acceptance.
F. MISCELLANEOUS
15. POLICE FACILITY GENERATOR REPLACEMENT PROJECT. 1100 -20081
Approve a budget amendment (08BA -062) to transfer the total amount of $133,850
from Accounts 7019- CIO02000 ($40,400); 7019- CI820825 ($10,200); 7011 -
C1820919 ($45,600); 7019- C1820808 ($37,650) to current Police Facility Generator
Account No. 7019- C1820918 to provide necessary funds to complete the Police
Facility Generator Project.
16. PURCHASE OF NEW PARAMEDIC VANS FOR THE FIRE
DEPARTMENT. [100 -20081 Approve the sole source purchase of a new 2008
Ford E -450 Modulance from Wheeled Coach Industries for $120,254 plus tax from
the FY2007 -08 budget; and authorize the City Manager to sign a non - binding
letter of intent for the purchase of a second 2008 Ford E -450 Ambulance after July
1, 2008 for $120,254 plus tax, pending approval of the FY 2008 -09 equipment
replacement budget.
17. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENTS COMMITTEE
TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE
FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES
SCHEDULED TO OCCUR ON JUNE 80, 2008. [100 -2008] Confirm the
Mayor's appointment of Mayor Pro Tem Daigle, Council Member Henn and Mayor
Selich (Chair) to serve on the ad -hoc appointments committee to review
applications and make recommendations to the full Council for the Board and
Commission vacancies scheduled to occur on June 30, 2008.
19. APPOINTMENT OF KEVIN KELLY TO ENVIRONMENTAL QUALITY
AFFAIRS COMMITTEE (EQAC). [100 -20081 Confirm Council Member
Rosansky's appointment of Kevin Kelly to EQAC.
20. REFORMATTED CIVIL SERVICE RULES. [100 -2008] Approve updated and
reformatted Civil Service Rules.
21. REAPPOINTMENTS TO THE MEDIA & COMMUNICATIONS
COMMITTEE. [100 -20081 Confirm the Mayor's reappointment of Donald Boortz
and Daniel Wampole as citizens representatives to the committee for an additional
two -year term.
22. APPOINTMENTS TO TASK FORCE ON GREEN DEVELOPMENT.
[100 -2008] a) Confirm the Mayor's appointments of Nancy Gardner from City
Council; Michael Toerge, Brion Jeannette and Todd Schooler from the General
Plan/LCP Implementation Committee; and Bruce Asper, Arlene Greer and Kevin
Kelly from the Environmental Quality Affairs Committee; and b) confirm the
Mayor's appointment of Council Member Gardner as Chair.
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S30. CREATION OF A CITY COUNCIL COMMITTEE TO INTERACT WITH
CALTRANS REGARDING PACIFIC COAST HIGHWAY (PCH)
RELINQUISHMENT ISSUES. (100 -2008] Adopt Resolution No. 2008 -31
establishing the Pacific Coast Highway (PCH) Relinquishment Feasibility
Committee and confirm the Mayor's appointment of Council Members Webb
(Chair), Rosansky and Henn.
S31: PROPOSED MODIFICATIONS TO CITY ATTORNEY'S EMPLOYMENT
AGREEMENT (C- 3744). (381100 -2008) Approve a one -year employment
agreement with the City Attorney, which includes a 4% salary increase.
Motion by Mayor Pro_ Tem Daigle to approve the Consent Calendar, except those items
removed (5, 6, 18, & S29); and noting that the effective date for Item S31 is June 1, 2008.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
)(III. ITEMS REMOVED FROM THE CONSENT CALENDAR
In response to Council Member Henn's question, Assistant City Manager Wood stated there are no
current LEED (Leadership in Energy and Environmental Design) certified people on
the Environmental Quality Affairs Committee (EQAC) or on staff, however, some employees will
be taking the test.
5. KENNELS IN WEST SANTA ANA HEIGHTS. (100 -2008]
Randy Ranck expressed concern about the noise from barking dogs and stated that it
negatively affects human health and well- being.
May Ranck talked about the history of the kennel ordinance and provided Council with
handouts.
Police Captain Kaminsky reported that there are eleven kennels in West Santa Ana
Heights and the Orange County Resolution that governs the kennels was revised to fit the
City's needs.
In response to Mayor Pro Tem Daigle's question, Captain Kaminsky stated that the
criminal record requirement could be extended to eight years and they can request that a
log be maintained to show when the dogs are exercised, which will be open to inspection by
the Police Department. He also reported that the new ordinance addresses the concerns of
human health and well- being.
Motion by Mayor Pro Tem Daigle to re- introduce Ordinance No. 2008 -12 amending
Title 7 and Title 20 of the NBMC pertaining to the regulation of kennels with proposed
changes of the criminal record requirement to eight years and a requirement that an
exercise log be maintained, and pass to second reading on May 13, 2008.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
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6. HOAG MEMORIAL HOSPITAL PRESBYTERIAN MASTER PLAN UPDATE
(PA2007 -073), ONE HOAG DRIVE - CERTIFICATION OF FINAL
SUPPLEMENTAL ENVIRONMENT IMPACT REPORT; GENERAL PLAN
AMENDMENT NO. 2007 -006; PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT NO. 2007 -001; AND DEVELOPMENT AGREEMENT AMENDMENT
NO. 2007 -001 (C- 2912(A)). [381100 -20081
In response to Council Member Gardner's question, Assistant City Manager Wood clarified
that if the existing cooling towers were destroyed during a natural disaster, they could be
rebuilt without adding plume abatement and suggested that page 27, Section A3 of the
Planned Community Development Criteria be reworded or removed because the cooling
towers should include plume abatement in case of a natural disaster.
Dennis O'Neil, Hoag representative, believed that the agreement was if the cooling towers
lived out their useful life and were replaced, then plume abatement would be installed.
City Attorney Clauson stated that there are no advanced requirements for plume
abatement, however, at the time of the impact, the mitigation that is available is subject to
review by the Planning Director. She agreed that the wording "except for casualty" should
be removed.
Erik Thurnher, Co -Chair of Friends of Sunset View Parks, thanked Council for the
clarification on the cooling towers and expressed concern about the lack of communication
from Council Members during the previous meeting. He requested that Council continue
the item for thirty days to allow more time for residents to look over the criteria and
regulations.
Wendy Kaiser suggested that Council consider Option 3 -A and that the City explore green
technology options.
Maurice Quirk expressed his concern for how Council handled the issue and urged Council
to re -look at the plume issue.
Dolores Otting expressed concern about how fast Council will be adopting the
ordinance and believed that Council Member Curry is handling issues under the table.
She stated that residents' questions are not being answered.
Motion by Council Member Curry to adopt Ordinance No. 2008 -9 approving Planned
Community Development Plan Amendment No. 2007 -001; and adopt Ordinance No. 2008-
10 approving Development Agreement Amendment No. 2007 -001.
City Attorney Clauson and Assistant City Manager Wood stated that there are additional
changes to the development agreement that were not provided in the original staff report.
Substitute motion by Council Member Rosansky to continue the item to May 13,
2008 to allow the public the opportunity to review the changes to the document.
Council Member Curry withdrew his motion.
Council Member Daigle stated that ,they did listen to resident concerns and issues,
and believed that there was a list of corrections to act in their interest.
Council Member Webb stated that he met with Hoag and the Association and took into
consideration all of the issues that were brought forth.
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Council Member Curry stated that he received a comprehensive amount of information
from the Association and was well briefed. He noted that the amendments that were raised
by Council Member Rosansky were agreed to by Hoag, which addressed some of the issues.
The substitute motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
18. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE
CITY COUNCIL PRIORITIES FOR 2008. 1100 -20081
Bill Ficker suggested that the dredging of the Bay be included in the priorities.
Dolores Otting suggested that Council make all meetings Brown Act compliant.
City Manager Bludau clarified that the cost for producing the City
Manager's newsletter includes postage and handling.
Motion by Council Member Gardner to receive and file the report.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
S29. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR (SJHTC) TOLL RATE
STUDY COMMENTS. 1100 -20081
Council Member Webb reported that on May 8, 2008, the Board will receive and consider a
suggested toll increase for the Newport Coast Drive ramp and the Aliso Creek ramp. The
fee increase will include a much greater percentage at the Newport Coast Drive Ramp
than at any other location along the corrdor. He urged residents to write a letter to the toll
agency and/or attend the May 8, 2008, meeting at 9:30 a.m.
In response to Council Member Rosansky's question, Council Member Webb stated that
tolls are set by having the highest rates on either side of main toll stations to keep people
on the corridor.
Motion by Council Member Rosansky to authorize the Mayor to send a letter to the
Chairman of the SJHTC Board requesting that future toll rates at the Newport Coast
Drive ramp increase at the same rate as the rates for the Aliso Creek ramp.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Henn reported that EQAC agreed to broaden their charter and will come back to
Council with a recommendation.
Mayor Pro Tem Daigle reported that the Citizens Aviation Committee is working on the JWA
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standard instrument departure procedure for commercial aircraft and they will also be dedicating
a page on the City's website to airport issues.
XV. PUBLIC_HEARING
23. HOAG MEMORIAL HOSPITAL PRESBYTERIAN SERIES 2008 HEALTH CARE
FACILITY REVENUE BONDS. /100 -20081
City Manager Bludau reported that these are existing bonds that are being refinanced.
Finance Officer Matusiewicz reported that the bonds are a part of the Internal Revenue
code that allows cities to enter into a partnership to lower the cost of financing and
operation.
City Manager Bludau reported that the City has acted as the funding conduit for Hoag in
the past and the bonds were sold.at no risk to the City's General Fund.
In response to Dolores Otting's question, City Manager Bludau stated that the fees are for
administrative costs and staff time.
Wendy Kaiser expressed support for the bond proposal.
Motion by Council Member Curry to adopt Resolution No. 2008 -32 authorizing the sale
of not to exceed $630,000,000 of City of Newport Beach Revenue Bonds (Hoag Memorial
Hospital Presbyterian) Series 2008; the execution and delivery of one or more Loan
Agreements in substantially the form presented; the execution and delivery of one or more
Indentures in substantially the form presented; the execution and delivery of one or more
Official Statements (including Appendix A) in substantially the form presented; the
execution and delivery of one or more Bond Purchase Contracts in substantially the form
presented; and direct staff to take the necessary steps to provide for the sale and issuance
of the 2008 bonds.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XVI. PUBLIC COMMENTS
Maxine Cohen urged Council to adopt an ordinance to require absorbent surfaces for dog runs in a
residential setting.
Richard Nichols urged Council to re -look at the group homes ordinance. He also stated that
Scientific American is asking that the amount of fluoride in drinking water be reduced.
Allan Beek, SPON, expressed concern about the lack of contact that residents are allowed with
Council Members regarding group recovery homes.
Dolores Otting expressed concern about the proposed wine bar at the Newport Coast Vons Pavilion
and provided Council with a handout from ABC liquor licensing noting the regulations:
Denys Oberman, Concerned Citizens of Newport Beach, expressed concern about the action of the
City relative to the notion of speaking to the citizens and indicated that more group homes are
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opening in the City.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
XVIII.
24. PLANNING COMMISSION AGENDA FOR APRIL 17, 2008. 1100 -20081
Planning Director Lepo reported on the following items: Sejour (PA2002 -167) - 3400 Via
Lido, Peter Ferrarini Residence (PA2007 -214) - 201 Crystal Avenue, Seashore Village
(PA2007 -100) - 5515 River Avenue, Pavilions Wine Tasting (PA2007 -243) - 21181 Newport
Coast Drive, Rudy's Pub & Grill (PA2007 -255) - 3110 Newport Boulevard.
In response to Council Member Henn's question, City Attorney Clauson stated that they
will review the information provided by Dolores Otting relative to Von's Pavilion Wine
Tasting.
25. PROPOSED AMENDMENT TO THE CITY S ONE -YEAR ACTION PLAN FOR
FISCAL YEAR 2007 -2008. [100 -20081
Economic Development Coordinator Bowden reported that staff is recommending the
approval of a budget amendment that will allow the City to replace the commitment of
$78,300 of General Fund money with the prior year unallocated CDBG fund money for the
sidewalk, curb and gutter replacement project.
Motion by Council Member Rosansky to a) approve the Amendment to the City's One-
Year Action Plan for fiscal year 2007 -2008; and b) approve a budget amendment (08BA-
059) increasing CDBG revenue estimates in 160 -4890 by $78,300 representing new
programming of prior year unallocated CDBG funds as included in the amended FY 2007-
2008 CDBG One -Year Action Plan, appropriating $78,300 to Account No. 7161- C5100020
for the Sidewalk, Curb and Gutter Replacement project for FY07 -08 (C- 3974); and
transferring $78,300 from Account No. 7013- C5100020 to the General Fund
unappropriated fund balance.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
26. COUNCIL APPROVAL OF CITY SERVICES RECOMMENDED BY ICMA
CONSULTANTS FOR MEASUREMENT AND PERFORMANCE
BENCHMARKING. (100 -20081
Brooke Myhre, ICMA, provided an update on the benchmarking process.
Council Member Curry stated that the Finance Committee has had the opportunity to
work with the consultants on the project.
Motion by Council Member Curry to approve the recommended services for
measurement and performance benchmarking.
In response to Council questions, City Manager Bludau stated that it would be difficult to
compare the Building Department's re- checks with other cities because it depends on each
individual project and certain circumstances.
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In response to Mayor Pro Tem Daigle's question, Mr. Myhre stated that services are
initially observed and the next phase will measure the development.
Council Member Henn clarified that the intent is to have a legally valid measure to see if
we are getting better or worse.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Daigle, Mayor Selich, Council Member
Webb, Council Member Curry, Council Member Gardner
Absent: Council Member Rosansky
27. SALE OF BONDS FOR ASSESSMENT DISTRICT NO. 92 - AREA GENERALLY
BOUNDED BY WEST COAST HIGHWAY, TUSTIN AVENUE, RIVERSIDE
AVENUE AND CLIFF DRIVE. [891100 -2008]
Finance Officer Matusiewicz reported that residents approved the formation of the
district in January 2008 and asked for Council approval for the sale and issuance of the
bonds.
In response to Council Member Henn's question, Finance Officer Matusiewicz stated that
he believed that the bonds are sold, but is unsure of the cost.
Motion by Council Member Webb to adopt Resolution No. 2008 -33 authorizing: a) the
sale of 1915 Act Assessment bonds not to exceed $1,455,000 for Assessment District 92; b)
the execution and delivery of one or more Indentures in substantially the form presented;
c) the execution and delivery of one or more Official Statements and Continuing Disclosure
Agreement in substantially the form presented; d) the execution and delivery of one or
more Bond Purchase Contracts in substantially the form presented; and e) direct staff to
take the necessary steps to provide for the sale and issuance of the bonds.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
28. GENERAL DESIGN PARAMETERS FOR CITY HALL, PARK AND PARKING
STRUCTURE. [731100 -20081
Mayor Selich stated that the City Hall Design Committee offered a draft of the general
design parameters and conducted a meeting on Monday, April 21, 2008. He discussed
comments and concerns that were brought up at the meeting.
Council Member Henn believed that this has been a rational, steady and progressive
process and they are allowing time for input from public.
Assistant City Manager Kiff utilized a PowerPoint presentation to show the changes to
the general design parameters that were. suggested by the City Hall Design Committee.
In response to Council Member Rosansky's question, Council Member Webb stated that he
requested that the City Hall location be oriented towards Avocado Avenue because he is
concerned about making City Hall highly visible.
Council Member Rosansky believed that the discretion of the orientation should be left to
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the designers to determine what will work best for the property.
Wendy Kaiser requested that Council add a guideline to include a green building and
complimented Council on finding a new home for City Hall.
Bill Ficker expressed support for the City Hall Design Committee and stated that he is
willing to share information about the proposed site at a future meeting.
Barry Allen suggested that information from Mr. Ficker be included in the parameters for
architects and noted that some of the restraints in the parameters may hinder creativity.
Anne Balderston expressed her concern about the protection of views and the size of City
Hall.
Nancy Skinner suggested that Council list design preferences and provide an example of
City Hall.
Debbie Stevens asked if a copy of the traffic study could be issued prior to the May 13,
2008 meeting.
Ron Hendrickson stated that parts of the parameters are lacking information,
are confusing, and unnecessary. He also suggested that the architects be provided with a
larger map.
Denise Woltemath asked that Council change the proposal by removing the view planes
and expressed her appreciation for the low- intensity safety lighting. She suggested that
there be a requirement to preserve the park, the traffic flow needs to be carefully weighed,
and the project should be funded properly.
Jay Baker expressed concern about the traffic impact and asked for clarification on the
size of City Hall.
Jan Vandersloot commended the City Hall Design Committee on their recommendations,
suggested where City Hall should be located, and suggested that Exhibit E be retained.
Council Member Rosansky believed that Exhibit E should have the wording "Northerly
five to six acres" and should include specific amenities and suggested that the
designers should decide where they would like to place them.
Council Member Henn agreed that less specificity is better and suggested adding a list of
the important features and leave the rest up to the designers.
Council Member Webb suggested that Exhibit E be omitted and indicated that the view
from MacArthur Boulevard should be protected.
Council clarified that Assistant City Manager Kiff should verbalize Exhibit E of the
General Design Parameters with the most important features.
Motion by Council Member Gardner to approve the general design parameters
without the recommendation that the City Hall's orientation be towards Avocado, make
additional changes as recommended by the City Hall Design Committee, clarify that the
northerly 5 -6 acres of the park site is intended to be a "natural" park, and delete Exhibit E
from the parameters, however verbally reflect that Exhibit E's park amenities are
desirable; and direct the City Hall Design Committee and respondents to the RFQ to follow
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for the Newport Beach City Hall and Park Master Plan.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XDC MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 8:54 p.m.
The agenda for the Regular Meeting was posted on April 16, 2008, at 3:85 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building. The supplemental agenda for the Regular Meeting was posted on April 18,
2008, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
i
City Clerk
cordi Secretary
Mayor
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