HomeMy WebLinkAbout01 - Minutes - 2-26-08Agenda Item #1
Mgtch 11, 2UU —
CITY OF NEWPORT-BEACH
City Council Minutes
City Council Study Session
2008 — 3:30
I. ROLL CALL
Present: Council Member Henn, Mayor Pro
Curry, Council Member Gardner
Excused: Council Member Rosansky, Coun
jam
II. CURRENT BUSINESS
1. CLARIFICATION OF IT ON
Regarding Item 8 (Water Rate y),
like to receive the results of variou b
Council MembersilbJib and Rosan
Mayor Selicb, Council Member
CONSENT
Council Member Henn 'Aated that he would
ses of the study as they are completed.
the meeting at 8:40 p.m.
ding #ems 20 and 21Vnsurance renewals), Council Member Henn requested
Items d 31 (New City Hall Facility), Council Member Curry wanted
a on wha will be discussed.
Item 22 (McFadden Square), Council Member Webb stated that he will
m from the Consent Calendar at the regular council meeting for additions
2. ORIGE COUNTY TRANSPORTATION AUTHORITY (OCTA)
PRESENTATION REGARDING THE SR-55 ACCESS STUDY.
Allan Monsoor, Costa Mesa Mayor Pro Tem, thanked
OCTA, Council Member Rosansky and Council Member Webb for their help with
a purpose and needs study and for creating public outreach. He stated that he is
looking forward to working with the City on other issues such as Banning Ranch and
the airport, which are important to both cities. He also stated that he has had an
opportunity to meet with some of Council to open a dialog on issues.
Glen Campbell, OCTA, utilized a PowerPoint presentation consisting of information
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City of Newport Beach
Study Session
February 26, 2008
on the SR -55 which included the existing condition of the freeway, the planned
freeway extension (approved in 1985), and the SR -55 access study overview.
Tony Petro, LSA and Associates, stated that the SR -55 Access Study Need is
intended to incorporate input from staff and residents. He noted that staff meetings
were held and they came up with ideas about Newport Boulevard's access, parking,
congestion, business access and ease of transition through the communities in the
east side of Costa Mesa. They also came up with a Purpose and Need Study to
cover the volumes of traffic along the freeway, sir impact in the corridors,
community concerns and purposes for reducing it congestion. He reported that
there are seven alternatives to the access study as the no buildfbaseline, the
current freeway plan, transportation system agement, aide street augmentation,
improved conventional highway, vertical enhancement, freeway elevated
over Newport Boulevard and cut/co ew a stated that more outreach is
needed and community meetings WW a conduc address the needs of those
affected.
Council Member Curry indi
disperses through the Costa
Coast Highway. He stated
and cooperation is needed.
In response to Coi
looking into the ve
distance and it will
In response to Mayor
agreeraagbp between (
thatjW of the traffic t comes from the SR -55
njehborhoods and the of alf go down Pacific
bF process will require a to f community input
on, Mr. Petro stated that they are
the issue is that it is a very short
the Cit-l' Costa Mesa.
stated that the freeway
cil M ber Webb afflAed that the City was not a party to the agreement
b se t e was a.charter mendment that stated that the City must go to a vote
of th eo enter into agreement to build freeways. There were freeway
eem for .. 12-55 and 73 that have been rescinded.
Mr. oor ted that the concern of Costa Mesa with Alternative 2 of the current
freewa Ian i t some of the downtown and residential areas would have to be
taken a
s.
In respo a to Mayor Selich's question, Mr. Petro stated that all of the alternatives
will effe the State's right of way in which Caltrnns is a party to and consent would
ve to me from them. All of the construction for the alternatives remain short of
ppo Beach but the capacity of the flow might impact this City, which is now
Council Member Webb emphasized that it is important that people are not
encouraged to bypass the downtown area of Costa Mesa because it could cause
problems in this City. The negative impact on Coast Highway will come from people
not getting off on 17th and 19th streets and staying on the freeway causing traffic
problems. He noted that the purpose of the study is to handle all of the needs of the
community and improve traffic.
In response to Mayor Pro Tem Daigle's question, Mr. Petro stated that the EIR from
the freeway agreement is a part of their research, but it will need to be updated.
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City of Newport Beach
Study Session
February 26, 2008
Anthony Peca expressed his concern about the removal of the existing plan and
agreement by stating that it will also remove the current EIR which protects the
community in the area.
S. TSUNAMI WARNING SIREN REQUESTS FOR PROPOSAL (RFP).
Fire Chief Lewis utilized a PowerPoint presentation that included: issues that will
be addressed, the system's purpose, the geographical coverage area, the types of
systems and the Request for Proposal (RFP).
In response to Council's question, Chief Le
required than siren units and some companies
systems. He assured Council that both euji proposals. He indicated that he is not clearly and the City currently uses a
notify residents of emergencies. He so infor
their old systems so their costs ar%49ss.
ted that more voice units are
Kr a combination of voice and siren
systems will be tested prior to the
F voice system can be heard very
noel and their equipment to
d . that some cities retrofit
In response to Council Me Xthevation questions, Emerge ervices Coordinator
Katie Eing stated that the on area came from a C study for Orange
County that was based o and other tsunami information. They
decided that the inundatio mile and a half inland to assure the safety
of the public if the n imuof 33 feet is reached.
In response to Coun que Chief Le stated there is a higher likelihood of
having an earthquake n a is and t the siren system is best used for
tsunami warnings. Ho ver, th to be elpful in an earthquake or hazmat
accide et residents o turn o sir television. He noted that there
are d s in place earthquakes and other disasters that emergency
P nnel d members the CERT program are trained for. Visitors on the
es be instructed what to do by lifeguards and other emergency
der el he notificati system goes off. The placement of sirens hasn't been
de h restrictions placed by FEMA as far as how high
Dolor ttin anked Council for moving forward with the notification system.
She sta d that National. Oceanic and Atmospheric Administration (NOAA)
requests that co tal communities have two methods of warning people of a
tsunami d that's why the sirens were incorporated on the Peninsula.
4. INSU CE RENEWALS.
HdW Resources Director Ramsey stated that the budget for insurance
ren als was approved by Council and the actual totals are less and there is a
savings to the City. She stated that they are still getting information and plan to
take the contracts to the Finance Committee once they are reviewed by the Risk
Manager and City Attorney's Office to determine if the City has enough coverage.
Mark Zahoryin, Brown & Brown, stated that changes were made this year to get
prices down and that there are no significant changes in coverages as far as terms or
limits. He also gave a brief overview of the company and their marketing process,
stating that renewals are usually done by the week of February 11th but the City
allows him to lock for further reductions. He spoke briefly about the different kinds
of insurance the City is purchasing and utilized a PowerPoint presentation that
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City of Newport Beach
Study Session
February 26, 2008
showed the names of the insurance companies, their premium amount and the tax
amounts, if applicable.
In response to Council Member Curry, Mr. Zahoryin stated
that Brown & Brown monitors the insurance companies to make sure that there are
no significant changes by checking their stability and assured Council that they stay
on top of their accounts.
5. TRAFFIC SIGNAL COMMUNICATION MASTER PLAN.
Public Works Director Badum introduced his stays ve a history of the project and
utilized a PowerPoint presentation that show a project timeline, the overview of
the program, additional modernization imol vements, benefits, photos, phased
project implementation, maps, current sshKuas ld the project cost estimate.
In. response to Council Men
Badum stated that the areas
Jamboree and the McArthur a
He noted that the goal is I
direction from Council. He
owned by Caltrans and they do
own.
In response to Couil
that Caltrans will hav
the City to control the
osansky's qa%tion, Public Works Director
bases can itched but the airport,
rridors are the highest volume areas.
st and efficient wo d he is looking for
certain signals on Pad ast Highway are
)w the City to operate the systems that they
lennlUuestion, City Manager Bludau stated
they co ue to own the traffic lights but allow
Aber Webb vVedAuncil to auire the traffic signals from Caltrans
will not allovW City to operate their system because their concern is
In \eng ncil Me her Webb's question, Transportation/Development
that by the end of Phase 1 staff will be trained to
si tion in case of emergency. Additional staff will be
add he project as needed, however, in t he meantime current staff will time. The new system will allow staff to dial different
syncthe system and programs can be pre- designed for different
In resplady a to Council Member Henn's question, Deputy Public Works Director
Webb d that the scheduling depends on the opportunity and funds availability.
received $500,000 from Measure M funds and they will apply for
$500,000 and fair share fees can be used.
Council Member Curry stated that traffic is the leading, concern for the community.
He believed that the schedule is where it needs to be and the City has the ability to
work with Caltrans so all areas can improve.
In response to Council's question, Public Works Director Badum stated that staff is
not anticipating having problems, but with any new system it will have to be fine
tuned and optimized. He indicated that performance criteria is built into the
construction projects, but the software process could be a little more difficult because
the software, installation and controllers are from seperate vendors. He said he will
look into building a performance criteria into the software process. A consultant can
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City of Newport Beach
Study Session
February 26, 2008
be brought on board to conduct a peer review and he is not sure of the cost. He
assured Council that changing the equipment to the same type will allow a
consistent communication between the signals, in which some areas will experience
an increase in efficiency in traffic and connectivity issues will cease.
Council Member Rosansky asked to have a report from Public Works Director
Badum on the likelihood of Caltrans relinquishing the traffic signals on Pacific
Coast Highway. He also suggested that there be a Council level committee set up to
look at the relinquishment of the traffic lights on Pa ' c Coast Highway.
City Manager Bludau clarified with Council tha peer review will be done quickly
and asked if they should remove the item fro a Regular Council meeting agenda.
Staff urged Council to approve the can an nested that it be seperate from
the peer review because it was a len process stated that the contractor has
state of the art equipment and are cenfiden th the company that was
chosen. They noted that there " gr commitment this project that needs to
be filled by the end of this ear.
Council decided to discuss ther at the Regular Cc meeting.
Dolores Otting agreed that it will a better system to control traffic and believed
that the City is se false hope a residents. There is a need for education
about how fast resi eet throue c_
III. PUBLIC COMMENTS -
IV. ADJOURNME- 6:11 p.m.
The agendoffir the Itudy Session V& posted on February 20, 2008, at 2:15 p.m. on the City
Hall B orated outside IV the City of Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 58 - Page 406
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
February 26, 2008 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m
II. CLOSED SESSION - 6:15 p.m.
III. RECESS
IV. RECONVENED AT 7:00 P.M. 1
V. ROLL CALL
Present: Council Member Henn,: Council Member , Mayor Pro Tem Daigle, Mayor Selicb,
Council Member Webb, Council Member C until Member Gardner
Vi. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Counci e n
VIII. INVOCATION -Reverend Robert Jord Ross, po iversalist Society
UL PRESENTATION
Presentation to the o nd City Co cil of the Mayors Cup by AYSO - Jeff Braun of
AYSO presented the yor a City Council h the Mayors Cup.
x NOTICE TO TH B C
XI. CITY COUNCIL NCEME MATTERS WHICH COUNCIL MEMBERS
WOULD L C A FUTU E AGENDA FOR DISCUSSION. ACTION OR
REP OR SS M :
In once to Council mber G er's questions relative to Lido Village, Council Member Henn
orted that the prope has changed hands many times and the new owners are pursuing a
elopment plan He dicated that, even though he has encouraged them to do a better job of
m the propert ' the interim, he will be talking with them again this week.
Council ber C commended the General Services and Public Works Departments for
repairing th hole uickly.
Council Member ebb announced that the new baseball facilities at Mariners Park will be
dedicated on M 1 at 11:00 a.m.
Mayor Selich announced that he hosted a group of business people from Chile on Monday morning
who were guests of the Rotary Club. He also announced that, on Monday night, he attended a
Focus Annual Dinner and presented letters of commendation to Dennis and Margo Brask and Five
Crowns Restaurant.
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City of Newport Beach
City Council Minutes
February 26,2008
XII. CONSENT CALENDAR
A . READING OF MINUTESAMMANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR
MEETING OF FEBRUARY 12, 2008. 1100 -20081 Waive reading of subject
minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS aive reading in full of
all ordinances and resolutions under consideration, direct City Clerk to read
by title only.
B. ORDTNANCEFOR ADOPTION
S. LIBERTY BAPTIST CHURCH SCH ANSI PA2006-0791 -
GENERAL PLAN AMENDMENT NO 006 -004 - PLAN OMMUNITY
DEVELOPMENT PLAN AMEND 2006 -008 - NT TO
USE PERMIT NO: 1726. [100 2 J t Ordinance No. 200 an
Planned Community Developme n endment No. 2006 -003.
C. RESOLUTIONS FOR ADOPTION
4. ADOPT A RESOLUTION FOR Nmf UNDING APPLICATION
FROM THE O COURTATION AUTHORITY
(OCTA). 1100 -20081 olfor the submittal of project
proposals to be consid d o from the Orange County
Tra nsportation Authority CTA).
5. CERTIFICATION OF EC MUNICIPAL ELECTION RESULTS.
[39/100 -200 Adopt Resol No. 2008 -13 declaring the results of the Special
Municip tion held on F ary 5, 20f18.
D. CON C AND G +EMENTS
6. P SE ICAT S TO CITY CLERK'S EMPLOYMENT
AGR 8/100- 20081. Approve the proposed Employment
eeme r the Newport Beach City Clerk.
Or MCIWDEN UARE CENTENNIAL LEGACY PROJECT: APPROVAL
OF THE FIN ESIGN AND PROGRESS PAYMENT (C- 8990). [38/100-
20081 prove a final design and clay model of the proposed artwork for the
M cFadd Square Centennial Legacy Project; and b) authorize payment of the
cond tallation Payment of $30,000 to Artist/Sculpture Hank Kaminsky.
AN AQUIN HILLS ROAD MEDIAN TREES (C -4008) - AWARD OF
CON ACT. 1381100 -20081 a) Approve the project plans and specifications; b)
the contract to Belaire -West Landscape, Inc. for the total bid price of
46 80 and authorize the Mayor and City Clerk to execute the contract; and c)
e bush an amount of $4,000 to cover the cost of unforeseen work.
11. CASTAWAYS PARK MARINES 711 MONUMENT (C -4003) - AWARD OF
CONTRACT AND BUDGET AMENDMENT APPROVAL FOR
ANTICIPATED EXPENDITURES. 1381100 -20081 a) Approve the project plans
and specifications; b) award the contract to E.C. Construction for the total bid
price of $27,421.75, and authorize the Mayor and City Clerk to execute the
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City of Newport Beach
City Council Minutes
February 26, 2008
contract; c) establish an amount of $3,078.25 to cover the cost of unforeseen work;
d) approve a budget amendment (08BA -047) increasing revenue estimates in
Account 0110 -5922 by $98,000 and expenditure estimates in Account 7014 -
C8002007 by $98,000 to provide for the commissioned artwork; and e) approve a
budget amendment (08BA -047) increasing Account 7014- C8002007, Marine Ill
Monument, by $45,500 from General Fund unappropriated fund balance to provide
$30,500 for site preparation and $15,000 for installation o the monument and
related recognition and donor plaques.
12. TRAFFIC SIGNAL MODERNIZATION -APP VAL OF PURCHASE
CONTRACT WITH ECONOLITE CONTROL DUCTS, INC. (C- 3456).
(38/100 -2008] Continue to March 25, 2008.
13. UTILITY UNDERGROUND ASSESSM DISTRIC INSPECTION
ON CALL SERVICES - APPROV F PROFESSI SERVICES
AGREEMENTS WITH HARRIS & OC TES, AND WIL GROUP,
INC. (C- 4025). (38189/100 -2008] App a On -Call Professi Services
Agreements with Harris & As ate s d Willdan Group, Inc. for on -call
underground utility assessment d inspection services and authorize the
Mayor and City Clerk to execute the ments.
14. SANTA ANA HEIGHTS FIRE STA TRAINING TOWER (C -3852) -
COMPLETION AND CCEFTANCE ORACT. (38/1008008] a)
Accept the work; b) a the City Clerk �'Jtea
a No tice of Completion; c)
authorize the City Clerk re abor and erials bond 35 days after the
Notice of Completion has een recd nce with applicable portions of
the Civil Code; and d) r ase th sit ormance Bond one year after
Council acceptance.
15. OASIS R CENTE OGRAM MANAGEMENT - APPROVAL OF
PRO I AL SERVIC AGREEMENT WITH GBB WORKS (C-4026).
(38/ 2008 a) Approve a P essional Services Agreement with GKK Works of
I e, for p gram manageme services at a not to exceed price of $89,090 and
aut ze t t erk to execute the Agreement; and b) approve a
budge c men m appropriating $89,090 from the General Fund
prop d fund balance to Account 7453- C1002007.
I0. SID K . B AND GUTTER REPLACEMENT FY 2006 -07 (C -8866) -
COMPUTION ACCEPTANCE OF CONTRACT. (381100 -2008] a)
Accept le comple work; b) authorize the City Clerk to file a Notice of
Complet n; c) authorize the City Clerk to release the Labor and Materials bond 35
days a r the Notice of Completion has been recorded in accordance with
applica a portions of the Civil Code; and d) release the Faithful Performance
Bond a year after Council acceptance.
17. AVENUE AND DOVER DRIVE 24" WATER MAIN (C -3708) -
PLETION AND ACCEPTANCE OF CONTRACT. (381100 -2008] 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 year after Council acceptance.
18. NEW CITY HALL FACILITY (C -4021) - AUTHORIZE A BUDGET
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City of Newport Beach
City Council Minutes
February 26, 2008
XIII.
AMENDMENT FOR VARIOUS INITIAL SUPPLEMENTAL CONSULTING
SERVICES NECESSARY TO SUPPORT FUTURE DESIGN ACTIVITY.
(381100 -2008] Approve a budget amendment (08BA -048) appropriating $150,000
from the General Fund unappropriated fund balance to Account 7410 - 01002009 to
retain professional consultants for various initial supplemental services necessary
to support future design documents for the proposed City H1 facility on Avocado
Avenue adjacent to the Central Library.
19. EXCESS WORKERS COMPENSATION (WC) IN RANCE RENEWAL.
(100 -2008] Approve the renewal of the excess works compensation coverage for
a twelve month policy with a Self - Insured Rete (SIR) of $1 million with
statutory coverage limits and $376,123 in premi
20. EXCESS GENERAL LIABILITY PN IABILITY
INSURANCE RENEWALS. (100 200 Approve he excess
general liability insurance coverage r a one -ye00,330 in
premium, $206,594 in premium for p utio bility licy, and a
third layer of excess coverage for ,281
21. PROPERTY INSURANCE PRO RENEWAL. [100 -2008] Approve the
renewal of the property insurance pro with a total premium of $694,597 for a
total insured value of $144,240,970.
E. M SCELLANEOUS
24. BUDGET AMENDM - INGITENNIS RESERVE
ACCOUNTS. 1100 -2008 Approv bu amendment (08BA -051) in the
amount of $114,280, tr rrin ds from various accounts, to enhance the
City's recreational programs
25. MARI JOINT USE IBRARY (C -3496) - APPROVAL OF DEED
RES ICTI N TO COMP WITH STATE LIBRARY BOARD GRANT
R IRE NTS. (38/100 81 a) Approve a Deed Restriction on City owned
p y up the s Joint Use Library is located and authorize the
Mayo a Deed Restriction; and b) authorize the City Clerk
t file th ed Restriction with the County Recorder's Office for recording.
ion b or Pi m Dai le to approve the Consent Calendar, except those items
removed (8, 9, and 23 d noting the continuance of Item 12 to March 25, 2008, and
the correction tem 20.
The motion carr d by the following roll call vote:
s: Council ember Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
elich, uncil Member Webb, Council Member Curry, Council Member Gardner
8. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RED OAK
CONSULTING FOR WATER RATE STUDY (C4023). (381100 -2008]
Dolores Otting discussed toilet -to -tap water and believed that the residents have a right to
vote on this issue and the rate increase. She also noted that fluoride has been added to the
City's water and discussed the hazards of fluoride in the water and the use of reverse
osmosis. She pointed out that the ten year financial plan cost of service analysis, and
evaluation and design of the proposed rate structures are discussed in the Scope of Work.
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City of Newport Beach
City Council Minutes
February 26, 2008
She distributed a handout relative to a Supreme Court case (Bighorn- Desert View Water
Agency v. Beringson) that highlights the history of Proposition 218. She believed that the
study should include what the City is doing to conserve water before implementing a tiered
water rate system.
City Attorney Clauson reported that the water rate studies will consider Proposition 218
and determine if it applies. Regarding the Bighorn case, she confirAed that it identified
situations where there were increases in water rates that were su ' to a protest process.
Motion by Council Member Rosanskv to a) approve a pro Tonal services agreement
with Red Oak Consulting at a not to exceed price of $88,17 d authorize the Mayor and
City Clerk to execute the agreement; and b) approve a b ge endment (08BA -049) in
the amount of $88,177 moving funds from the wa nterpri stem reserve to the
Utilities' professional and technical services accounta
The motion carried by the following roll call
Ayes: Council Member Henn, Council I
Selich, Council Member Webb, Co
9. CORONA DEL MAR STREET
PROFESSIONAL SERVICES AGRE.
4024). 1881100-20081
Dick Nichols. questioned why a
area, stated that he has not noti any
that pedestrian lights be installed Iris
Public Works Director Badum star
that the purpose project is to
clarified that I e getting a p
other sienale
Coast Surve
$49,196 and
Ayes: Council
Selich,I
the Mayor
inky, Mayor Pro Tem Daigle, Mayor
Curry, Council Member Gardner
iTION - APPROVAL OF
COAST SURVEYING, INC. (C-
survey is Oft done in the Corona del Mar
hwadth s breaking up, and requested
i Jasmine /Coast Highway.
he can meet with Mr. Nichols, but explained
abilitate the streets. Council Member Gardner
a- operated signal that is synchronized with the
pprove a Professional Services Agreement with
tional survey work at a not to exceed price of
Clerk to execute the agreement.
roll call vote:
w Help, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Member Webb, Council Member Curry, Council Member Gardner
CENTENNIAL LEGACY PROJECT. APPROVAL OF
. (100 -2008]
Cou Mewyer Webb explained the project and historical timeline. He provided a
hando recommended changes to the timeline to add the First Balboa Theater
Opening 913, Corona del Mar's 100th Anniversary in 2004, and amend 2006 to reflect
that Newport Beach celebrated its centennial, not hundredth year. Council Member
Rosansky recommended that the creation of the Newport Beach Chamber of Commerce be
added to 1907.
Motion by Council Member Webb to approve the editorial listing of historical events in
Newport Beach for the Historical Timeline Walkway Path to be engraved and installed at
McFadden Square, as amended.
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City of Newport Beach
City Council Minutes
February 26, 2008
Kim
M
Kirwan Rockefeller, Chair of the City Arts Commission, introduced himself.
Council Member Webb announced that the project is still soliciting contributions and
needs $100,000.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, It
Selich, Council Member Webb, Council Member Curry,
23. REVISIONS TO COUNCIL POLICY A-6, "OPEN
PERTAINS TO THE ORDER OF BUSINESS FOR
2008] ,r/
City Manager Bludau explained the proposed
ensued relative to Council announcements.
Motion by Council Member Gardner to ag
The motion carried by the following roll CoN
Ayes: Council Member Henn, Council Member
Selich, Council Member Webb, Council M
PUBLIC HEARING
26. AWARD OF. NON- EXCLUS]
GREEN ENVIRONMENTAL
Mayor Selich opened the public
hearing.
exclusive S&id WastOFranchise to
The
SOLID
to Council
D Tem Daigle, Mayor
Member Gardner
POLICIES' AS IT
MEETINGS. 1100-
revisions to Council
Discussion
A -6.
Mayor Pro Tem Daigle, Mayor
V, Council Member Gardner
:CTION FRANCHISE TO
LLC. (421100 -2008]
Hearing no testimony, he closed the public
to adopt Ordinance No. 2008 -7 granting a Non -
Environmental Waste and Recycling, LLC.
call vote:
Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Webb, Council Member Curry, Council Member Gardner
Nretation n discus the group homes ordinance, the amount of money spent by Concerned
wport Be and the two lawsuits that were filed concurrently against the City and
oper rs. She reported that the City requested that the case be moved from
l Co nd explained why they feel this is a breach of judgment. She believed that
e' urse the money that the citizens spent and ask the League of California
Cities for cone n the integral use issue.
City Attorney Clauson reported that the City has not been served with the lawsuit and does not
know if any of the operators have been served. She clarified that, when the City filed to move the
case to Federal Court, the City acknowledged service. She agreed that the City cannot hold up
discovery if it has not been served the lawsuit. Ms. Oberman indicated that service has been made
to the operators.
Dolores Otting took issue that the City does not report.out after Closed Session and expressed
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City Council Minutes
February 26, 2008
concern about the appearance of lack of transparency. City Attorney Clauson reported that the
Brown Act allows Council to hold Closed Sessions for litigation matters and is not required to
report out the strategies or decisions of lawsuits in order to protect attorney /client privilege. She
confirmed that she does report out other types of decisions if required by the Brown Act.
XVI. ORAL REP RTS. FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner reported that the Newport Bay Watershed Exe ive Committee meets
quarterly and is addressing Upper Bay dredging. She indicated that f are allocated but never
make it to the final budget and, if the City pulls out of the dredging. jest, it could coat millions
to start up again. She discussed talks with an Army Corp of ' eers representative and
believed that Assistant City Manager Kiff should provide a fun ' in case the project does
not receive Federal funds.
XVII.
XVIII.
Council Member Curry reported that the 111 Memori ommittee met ye ay and is still
raising funds but will be closing that process soon in der get names on t emorial. He
announced that the dedication will be on Memorial D ae AF
AA ff
Council Member Curry reported that the Fin mittee will be discussing fees at its
Wednesday meeting.
Council Member Henn reported that the Ad Hoc Comma or Group Homes has been diligent in
pursuing its responsibilities. He state hat they meet at 1 weekly with City staff and outside
legal counsel, and that the new o a effective Fdbl%uy 21. He added that the City is
working hard to be in a position to pro a violators en necessary. He noted that
the City's website has the application for �oup home an the RFP for hearing officers to
hear the use permit proceedings: He sta that ity w d additional Planning staff and
Code Enforcement staff to support this prociss. HOOrreported that the City has not received any use
permit applications yet but will'.be fully re move forward with the applications as they are
received.
Mayor Pro Tem D ' ere d that the ation Committee meets monthly at the Central
Library and that y disco ed the "Go Local" am (Item 29) at their meeting. She indicated
that she looks for to he al s 1 'ons to the Back Bay watershed.
Mayor Selich r rted't a City Council/Citizens Ad Hoe Committee on Marina Park Design
will mee il C re on Wednesday, February 27 at 9:00 a.m. and that the General
Pla Coastal !L��ORAL entation Committee will meet at 3:00 p.m. on Wednesday.
P ING C I STATUS RE
kL PLANNING C SION AGENDA FOR FEBRUARY 21, 2008. (100 -2008]
Lepo reported on the following items: Aerie Condominiums Project (201
i Avenue and 101 Bayside Place); and Fury Rok & Rol Sushi Lounge
ker Way).
28. CITY COUNCIL DIRECTION TO STAFF REGARDING THE ANNEXATION OF
THE SANTA ANA COUNTRY CLUB AND SOUTH MESA DRIVE
UNINCORPORATED AREAS IN SANTA ANA HEIGHTS. 1211100 -20081
City Manager Bludau provided a staff report and addressed the property tax split
and sphere of influence issue. He provided background about the area and discussed
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City of Newport Beach
City Council Minutes
February 26, 2008
Possible Council actions. He indicated that, even if Council would like to annex these
areas, the Orange County Local Agency Formation Commission ( LAFCO) can still deny
the request as long as they make legal findings.
Council Member Rosansky discussed previous actions and noted that the residents went to
LAFCO with their own application. He believed that the City needs to make a decision
and noted that the citizens make credible arguments to bring the as into the City. He
discussed a letter Council received from the Mayor of Costa Mesa.
Motion by--Council Member Rosansky to direct the Ci anger to take action to
negotiate a property tax sharing agreement with the Coun
Council Member Curry noted that this is a proced issue th ill allow LAFCO the
opportunity to make the final decision on the matte.
Paul Watkins believed that, after ten years
Ana Country Club and the 1,000 residents i
able to present their case to LAFCO. He
outlined in a 2006 letter from the City
tax sharing agreement. He noted that
the application and sphere of influence ch,%
to proceed.
vhngr out of pocket exp s, the Santa
orated South Mesa should be
fl that the City uphold its promise as
I asked that the City sign the standard
will have ample opportunity to oppose
asked that the City allow the process
Mayor Selich requested a stravqVIW the motion to to the process. With Council
Member Webb opposing, the m indicated port for the motion.
The motion carried by the follow' roll call Jr
Ayes: Council Member Henn, Coun ' ber Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Cou ember Curry, Member Gardner
Noes: Council Webb
29. CITY CO CIL A ROVAL OF A INT "GO LOCAL" FUNDING APPLICATION
SUBMI H COSTA SA TO THE ORANGE COUNTY
TRANSPOR (OCTA) FOR A STUDY RELATED TO THE
MOVEMENT AIR PASSE ERS WITHIN ORANGE COUNTY (C- 4027).
City Manage udau p ed the staff report and reported that the Board of Supervisors
is offering $10 in "Go cal" grant money to each of the 34 Orange County cities. He
indicated that has been working with the Costa Mesa City Manager and Peggy Ducey
because there y be opportunities to use John Wayne Airport (JWA) as an entrance and
exit for the Met link program.
NCityor Pro Tom Daigle to a) approve the Cooperative Agreement with OCTA
cal program; b) authorize the City Manager and City Attorney to accept
s that may be requested by OCTA staff and counsel; c) authorize the Mayor
to execute the final agreement; and d) direct staff to schedule a joint City
Council meeting with the City of Costa Mesa following the execution of the Cooperative
Agreement with OCTA.
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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City of Newport Beach
City Council Minutes
February 26, 2008
S80.
S81.
CITY COUNCIL'S POSITION ON THE ORANGE COUNTY SANITATION
DISTRICT'S PROPOSED RATE INCREASE. [100 -8008]
Council Member Webb noted that he requested this item and provided a report. He
distributed a chart that fiats the proposed increases over the next ten years. He pointed
out that this increase would cost residents roughly $1.93 /month additional and would
increase $9.00 at the end of five years. He recommended that thety adopt a position
supporting the rate increase. J'
Motion by Council Member Webb to take a position to s ort the rate increase and
have the Council's representative to the District vote tha aiton at the February 27,
2008 Board meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member san ky, Mayor Ntaigle, Mayor
Selich Council Member Webb, Council ber, Counardner
Mayor Pro Tem Daigle noted that, as
position tomorrow.
In response to Dick Nichols' question, Council
million capital improvement program plan that
COUNCIL BUILDING
COUNCIL REGARDING
CITY HALL DESIGN PR
Mayor Selich provided the staff rep1
the three recomme Lions, noting t
to appoint Larry#966tir as the Chai
conducted. d' d that there
event note gh a cations are re
Council Me`W
the area as a
receive public
the District, she will vote the City's
Webb noted that there is a $2.5
how the money will be spent.
)ATIONS TO THE CITY
A NEW CITY HALL AND A
ehalf of the Building Committee and reviewed
vision to the 12 step process and that he intends
the committee when committee appointments are
ome flexibility on the application deadline in the
mmended the Building Committee for looking at
for reaching out to the community to get a good
that the changes made to the original draft were done to
Council Membevosansky noted that the duty of the committee ends when a contract is
awarded to an hitect; however, envisioned that the committee or another committee
Could work witi the architect in order to provide insight into the design. He encouraged
to s§ply to be on the committee.
do ouncil Member Rosansk to a) approve the Council Building Committee's
recomme tion to place the new city hall on the City-owned site adjacent to the Central
Library; ) approve the Council Building Committee's recommended city hall design
process as amended; and c) adopt Resolution No. 2008 -14 establishing the City Hall Design
Committee.
Council Member Webb expressed concern about restricting the project to large commercial
architects because it might eliminate some good architects.
Council Member Curry commended the Building Committee and indicated that he is
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City of Newport Beach
City Council Minutes
February 26, 2005
k4►
m
committed to following the direction of the voters and their specific parameters.
Dolores Otting agreed with Council Member Curry's comments, emphasized the parameter
that traffic would improve around the project site, and requested clarification about what
will happen to the current City Hall site.
In response to Ms. Otting's questions, Mayor Selich indicated
be addressed during City Council meetings and the Council B
part of the City Hall Design Committee.
Council suggested that the Council Building (
amended so its focus is not just the new City Hall
Karen Tringah reviewed Measure B campaign
Council and the Building Committee accountal
Dick Nichols discussed how to have a park
The motion carried by the following roll
.dyes: Council Member Henn, Council Meml
Selich, Council Member Webb, Council
ADJOURNMENT - 9:00 p.m.
and stated
ement the
y design issues will
Committee is not a
and guidelines be
ways to improve
will hold
Mayor Pro Tem Daigle, Mayor
✓, Council Member Gardner
The agenda for the Regular Meeting w post on February 20, 2005, at 2:15 p.m. on the
City Hall Bulletin Board located outsi o e City of Newport Beach Administration
Building. The suppI tal agenda r the Regular Meeting was posted on
February 22, 2005; at' . .m. on the y Hall Bulletin Board located outside of the
City of Newport Be Ad 'nistration BulUding.
City Clerk
Recording Secretary
Mayor
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