The URL can be used to link to this page

Home My WebLink About01 - 05-13-08 MinutesAgenda Item No. 1 May 13, 2008 CITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting April 16, 2008 — 7:00 p.m. I. II. III. Lut ROLL CALL Present: Council Member Henn, Mayor Pro Tem 1 Council Member Gardner Excused: Council Member Rosansky; Council Member PLEDGE OF ALLEGIANCE - Council Member PUBLIC HEARINGS 1. HOAG MEMORIAL HOSPITAL PRESB! COMPLIANCE REVIEW. 2. HOAG MEMORIAL HOSPITAL R7 073), ONE HOAG DRIVE - 1 ENVIRONMENT IMPACT REPO 7 PLANNED COMMUNITY DEVEL ] DEVELOPMENT A EEMENT Mayor Selich indicated t bo public hearini he reviewed the proce es for nducting the p Council Member Selich, Colft Member Webb, DEVELOPMENT AGREEMENT MASER PLAN UPDATE (PA2007- F FINAL SUPPLEMENTAL RELRAL AMENDMENT NO. 2007 -005; PLAN AMENDMENT NO. 2007 -001; AND NT NO. 2007 -001. will conducted at the same time. Without objection, �ic hearing. Senior Planner bell wed the history of the Development Agreement (DA) and provisions in <Slough orte t it was determined in 1996 that improvements to the Semeniuk a infeasib ut th ual impacts of all the projects have bee n built within and in with the P ned Co unity Text (PC Text). He reviewed the compliance review s and indicate hat there are some non - compliance issues related to noise, lower campus modular unit o the parking structure, tree heights, a cable rail fence, aesthetics, and the n building. H discussed how Hoag is in the process of remedying some of the issues, but ail fence was ected for safety reasons. He stated that staff and Hoag have come up with ' igate the um from the cogeneration plant. Council Memb y arrived at 7:20 p.m. Richard Mathers, Ardvanced Graphic Images, displayed 3•D view simulations of the upper and lower campuses, and the development zones for the buildings. Senior Planner Campbell reported that the buildings, parking structure, and cogeneration plant are lower than the allowable envelopes. He stated that Hoag has substantially complied in good faith with the elements of the DA. He described where the plumes were coming from and stated that the issue is visibility from the bluffs. He reported that the City has the obligation to do an analysis to ensure that the project complies with the 1991 EIR; however, Hoag has the right to operate its facilities. Volume 58 - Page 449 City of Newport Beach City Council Minutes April 16, 2008 John Pearson, CDM Associates, indicated that they conducted research on cooling tower plumes and determined that Hoag's procedures follow the described methodology as prescribed by the Center for Disease Control (CDC) and that other researchers believe that portable water, not cooling tower water, cause Legionnaires Disease. He stated that it is his professional opinion that Legionnaires Disease from the Hoag cooling towers is below a significance level. He reported that Hoag monitors the water daily and discussed how Hoag would treat the system if there were a problem. Senior Planner Campbell reported that they have been working with Fluor mitigation measures to reduce the plumes and reviewed the options: Options 1 and 2 are o ational adjustments, but implementation costs are unknown; Option. 3-A reduces the plume 30% r $6 million; and Option 3 -1 reduces the plume 75% for $8 to $9 million. He noted that Hoag does upport Options 3 -A or 3.1. Senior Planner Campbell stated that the Master Plan Update would like to transfer 225,000 sf from the lower camp comprehensive update to reflect the modified building pro would like changes to some standards and, definitions. e General Plan Amendment table and the request by Ho to c from 55 dBA to 65 dBA. He emphasized that b ing change. He discussed the soundwall proposal, inc d windows and doors in certain condominiums at 1 al recommendation to amend the planned community stan green screenwall, but replace it by adding three different ex Hoag implement the landscaping matrix 009. He display that Bonterra Consulting prepared the -ewed the use, noise, and air quality. He discussed he re i dissention relative to the merits of the app cation to benefits to the public are included in the pro sal, an taff re the PC Te He reported that Hoag �" the upper us, would like a m with additional is benefits, and r viewed the propos __ 0 to the ge the noise standard ing the day ght and setback requirements will not scaping, and Hoag's proposal to upgrade boa. He noted that Hoag accepts the tonight to eliminate the references to a s to the PC Text and a provision that e . oise mitigation slide. He reported it c sion regarding impacts to land on s, in cated that there has not been are footage, noted that additional commends approval of the project. In response to Council ques ' ns, Senior Pla Campbell speculated that, in 1991, staff did not know about the plume iss at these issu ould arise and this is why Hoag is technically not in violation of the DA. mdic d that the bu ings are within the allowable envelopes and that landscaping also has be wit n the building he ht in order to preserve views. He reported that the Planning Commiss' dded provision in the C Text that requires subsequent analysis of any projects they bring fo d. I I I ed by CEQA. He confirmed that language can be drafted in the PC Text o prohibiting plumes or opaque gaseous substances to exceed the height envelope. H that ' being proposed that the noise standard be the same everywhere at Hoag, e . for t I ding Regarding the cogeneration plant, he reported that it was compl in 2006, thre ells wer erational two winters ago, and four cells were operational last win . Regarding the pl es, he st d that no complaints arose prior to the application process, the eation Department d s not have a concern at Sunset Ridge Park, and that the plume is hard to uts to h but the inpe system. and amount of evaporation can be measured. He indicated that he is ure if the cog eration energy would still be efficient if plume abatement mitigation Council Memb Wigation asked if an additional EIR was required at the time the cogeneration plant permit was proity Attorney Clauson reported that an additional environmental analysis was indicated in th measures at the time the permit was being processed; however, it was not specified whether it should be an EIR. She indicated that a study should have been conducted to determine if an additional environmental document was necessary. She indicated that staff was presented with a cogeneration plant study without knowledge of the plume, but no determination was made to do any further analysis. She reported that all permits were validly issued on the basis of the approval in concept that was done without additional environmental review. Senior Planner. Campbell discussed where the additional facility would be constructed and the size of the facility for Option 3-A, and confirmed that it would be within the height limit. For Option 3 -1, he Volume 58 - Page 450 City of Newport Beach City Council Minutes April 16, 2008 stated that the 10 foot height increase would be within the height limit and noise analysis would need to be conducted. He indicated that he is not confident that mitigation can occur if noise reaches further into Villa Balboa due to the height increase. He noted that the noise level is at the maximum with three towers and that a test with four towers will be conducted soon. He stated that a provision can be added to the DA that schedules the annual review. He indicated that noise compliance can be added to Section 5.4 of the DA and that a provision can also be added requng submission of an annual report for Council consideration. In response to Council Member Rosansky's concerns, Assistant City. Manliger Wood noted that the General Plan notes points throughout the City where there are import t public views that are to be protected by new development, like Superior Avenue. Senior Plan mpbell indicated that the plume can be viewed from Superior Avenue. Mayor Selich opened the public hearing. Dr. Richard Afable, Hoag President and Chief Executive cer, oted that there is dissention to the transfer of square footage. He confirmed that Hoa ill a ess the issues of not landscaping, and lighting, but has concerns relative to the options sen for plume mitigation. Stephen Jones; Hoag Board of Directors Chairman x provided a PowerPoint presentation and reported t consistent power. He discussed Hoag's Option 4 that wouk reduce the plumes by 30%, and involve installing a weather an initial capital expense of $500,000 and operating year, with no additional cooling towers. con 1 square footage, will not be adding any a 'tional coo reduce the plume by 30% with Option 4. sident of Snyder Langston Construction, the cogeneration plant provides clean, \le�iented from November April, noted that the option involves f about $120,000 to $140,000 a ure, they want to transfer the DISM to the lower campus, and would In response to Council questions, Mr. Jones c ed that plume mitigation would only occur during the day and when certai itions exist, it is possible to conduct the load shift under any condition. Michael Tres ss, ska Hennessy, oted that certain weather and humidity conditions need to occur to form lume hich generally urs from November to April. Further, the hospital will need to rely on a plant uring the summ months to keep the buildings cool. He confirmed that the plant coup erg - round; however, their operating expense would significantly increas e. orted t at a ther station will predict when a plume will start to form, notify th opera and the plant operator will conduct a supervised load shift He noted that the S qm t th ant be manned 24 hours a day. He stated that it is possible to do the loa automat, but r mends that an operator be present when stopping and starting this t e of equipment. I onse to Council qu ions regarding plume mitigation, Mr. Trespass indicated that no option is guar d. He stated t t the reduction would be relative to the inputs that cause the plume since w r conditions ntrol plume formation. Council Member Henn emphasized that residents will have 4 ectation plume reduction and this cannot be based on a model that measures inputs and ambient do Mr. Trespass confirmed that there are no standardized measurements to measure plumes. Dr. Afable estimated that it would cost $12 million to implement all the mitigation measures for noise, landscaping, lighting, and.plume mitigation, but $9 million with Option 4. Council Member Rosansky pointed out that part of the cost is to fix problems Hoag created and that he believed that Hoag will actually save $8 million by building the $2 million soundwall since it did not build the $10 million building next to the loading dock that would have created a soundwall. In response to Council questions, Mr. Jones indicated that most hospitals use diesel generators as a secondary source backup, but Hoag's cogeneration plant provides consistent power. He explained how Volume 58 - Page 451 City of Newport Beach City Council Minutes April 16, 2008 load shifting works. He confirmed that Hoag is limiting the number of cooling towers, but there are plans to add more generators. He indicated that the additional generators should have no impact on plumes or the mitigation target of the plumes. He pointed out that plume reduction is not calculated over a future load, but today's load. He explained that for new construction, additional cooling towers are needed but would be built on the upper campus. Erik Thurnher, Co -Chair of the Villa Balboa -Hoag Liaison Committee and ber of the Friends of Sunset View Park, utilized a PowerPoint presentation to discuss the A from the residents' perspective. He indicated that the DA has not been what the residents w e expecting. He displayed photos of the cogeneration plant and plumes, and discussed how cogen tion plants are mitigated in California, how CEQA mitigates plumes, and how to mitigate es. He explained why the residents are in favor of mitigating the plumes 75 %. Gloria Quirk, Villa Balboa Board of Directors, stated that co action somet begins before 7:00 a.m. on weekdays and 8:00 a.m. on weekends, the equipme nd trash are unsc d, and material is dumped in the staging areas. She indicated that V' Bal a does not have sue with the transfer of entitlement and that they have not called ode orcement regarding t construction start times. Wendy Kaiser expressed support for Option 3.1. S and indicated that the residents do not support r transfer of entitlement and allowing the mechanics within the building envelope. She requ d that program, and coordinate with AQMD. S e and spot checking, that the City conduct ua future updates. Ed Sherman believed that his quality of life He expressed concern about the lighting on t immediately. He asked Ibea ce the square allowed to increase its b square footage covered parking stru wed on Coast tha t Hoag remove t aen the cancer c h NCltyi why plume mitigation is needed ooShe stated that they support the 1 be increased, as long as it stays ment a monitoring and follow -up ide agency to do the measuring 3 -D graphics be used for any 'affected by the expansion of the lower campus. ire center and encouraged Hoag to mitigate that ;e is transferred, that the lower campus not be litionally, he requested that only a low -level top Nay, that Hoag mitigate the cooling towers, and and the hill by Sunset View Park. believed hat there has been a degradation of lifestyle since Hoag started its xpresse concern with the integrity of the retaining wall on the lower campus, the at the nine can create by spreading to Superior Avenue, and the credibility of the calculations. John Harms stated hat he works in the City and sees the plumes. He noted that this is inconsistent with other business districts, park areas, or residential areas, and that it is blight that needs full mitigation. He believed Hoag's request to increase the noise level to be in compliance is not logical. Moe Quirk believed that Hoag needs to be a good neighbor and expressed concern about the health risks associated with plumes. He read a statement from Langston Tripp, Hoag Vice President for Facilities Design and Construction, relative to the plumes. Ross Ribaudo discussed the timeline of the upcoming projects and believed that the soundwall should Volume 58 - Page 452 City of Newport Beach City Council Minutes April 16, 2008 be extended to the entrance of the power plant Richard Banks believed that the modifications Hoag is making to extend the soundwall would work but requested that sound mitigation be conducted quickly. Andrea Else reported that the water vapor emits a chemical odor and the plumes block the view from the park bench. Joanne Lombardo believed that an environmental analysis should have be conducted on the cooling tower but now the City has a chance to mitigate the problem. She reiter d that Hoag's original plan included plume abatement, but it was removed. Don Krotee, Newport Heights Improvement Association Presid repo that the plans for the cogeneration plants for John Wayne Airport and the Long Bea Aquarium 1 de plume abatement measures. He expressed support for Option 3. Sam Stameson indicated that he was on the liaison /andn1tt t with Hoag and a sed concern relative to the noise created by the cogeneration pl aes thetics of the plant. He also took issue that it does not have to abide with the no' or ' nee. He believed that there is current technology to correct the plume issue. Annette Warner reported that the cogeneration plant ere noise in the evening and the children's daycare center is loud from 5:30 a.m. to 8:00 p.m. daily. Connie Justice believed that the first floo also be upgraded by Hoag. She asked if e rolling blackouts occurred. She reco inspections be conducted by an outside party. Dick Runyan, Co -Chair of t Villa Balboa interest of the community provisions whether any Council ber ould allow t park_ the 260 an Cagney Lane buildings should ital b a cogeneration plant after the n plant and yearly compliance Committee, asked that Council act in the best ,ed, and plume mitigation occur. He questioned z like this to be built in their district next to a Michelle Staples, LaZdial m dro, Tidus & Peckenpaugh, provided a summary of comments. She notee three main es involve the cogeneration plant, noise, and rooftop parking, and a is necessa ry. Heari o further teny, Ma elich closed the public hearing. M or Selich recessed Ike meeting at 10:04 p.m. and reconvened the meeting at 10:14 p.m. 11 members of Co cil in attendance. Dr. Afa tated that th cogeneration plant is safe, in compliance, and meets the requirements. He expressed rn that taring the plant at this point may put patient care in jeopardy. He asked that Council er tion 4. He stated that they will conduct plume abatement over time and will not add any fut rs to the lower campus. In response to City Manager Bludau's questions, Senior Planner Campbell indicated that the height of the cogeneration plant was established by the bluff height. He noted that blockage occurred in some areas, but improved in other areas. Langston Tripp indicated that Hoag has not yet applied to AQMD for the three additional generators, but believed it would be unlikely that Hoag would ever have six generators. He noted that adding more generators would also require City approval. Regarding the odor from the cooling tower, Mr. Pearson recommended that the City hire an ambient monitoring firm that specializes in organic and sulfur compounds. Volume 58 - Page 453 City of Newport Beach City Council Minutes April 16, 2008 Motion by Council. Member Curry to a) adopt Resolution No. 2008 -27 certifying the Supplemental Environmental Impact Report (Exhibit #1); b) adopt Resolution No. 2008 -28 approving General Plan Amendment No. 2007 -005 (Exhibit #2); c) introduce Ordinance No. 2008 -9 approving amended Planned Community Development Plan Amendment No. 2007 -001 (Exhibit #3), and pass to second reading on April 22, 2008; d) introduce Ordinance No. 2008 -10 approving Development Agreement Amendment No. 2007 -001 (Exhibit #4), and pass to second reading on April 22, 2008, including that the Development Agreement reflects that Hoag agrees to install and operate tion 4 as a means to abate the cogeneration plant plumes, that Hoag will reimburse the City r the cost of installing landscaping and an irrigation system for about .47 acres at Sunset U' w Park, and include the amendment regarding soundproofing windows. Mayor Pro Tem Daigle requested that the motion be amend to"Ifld ude a provision in the Development Agreement requiring annual noise monitoring.✓ . t� Amended. motion,_,by,.Council,_M�rber Curry to i ude a provision i "'. a Development Agreement to require annual noise monitoring. A Council Member Rosansky requested that the landscaping on all lower campus parking structure Fluor study; that it be reflected that Hoag agree campus; that the PC Text include language that i visible emission have some type of review process plume abatement technology when a c g towe entire Sunset View Park and not.just conducted; and that an independent meth occ by Hoag. Ttion further amended to require rooftop that oag reimburse the City for the cost of the t build more cooling towers on the lower idica that anything that will emit any type of L re ity; that Hoag use the most current ds to eplaced; that Hoag landscape the ; that ou verification of compliance be the acc cy of the information provided City Attorney Clauson suggested that, as a c nditi , Hoag also.pay any future fees incurred by the City related to the review of the DA. Dennis O'Neil, Hoag Ho 1 presentative, i icated that Hoag agrees to landscaping the parking structure rooftops, rei ursin he City for the st of the Fluor study, and reimbursing the City for costs related to futt amen ents since this i art of the environmental process. He noted that changing the PC Tex of a e -s requires approval from the City, but believed that the DA already has ad anguage cated that they are not in favor of including more language into omen a indicated that Hoag will only agree to landscape .47 acres of Sunset View Park ee to whatever plume technology is available at the time a cooling tower is rebui r replaced. ded motion by_C eil Member Curry. to include a provision regarding rooftop landscaping o king structures, re bursement by Hoag of costs incurred relative to the Fluor study, and req oag to pay for on ing monitoring costs. Gary Me ick, Hoag oard of Directors, expressed concern about committing to a technology for replacing the ng to ers when that technology is unknown at this time. He indicated that Hoag will work with th t on abatement technology when the time arises. Substitute motion by Council Member Rosansky to a) adopt Resolution No. 2008 -27 certifying the Supplemental Environmental Impact Report (Exhibit #1); b) adopt Resolution No. 2008 -28 approving General Plan Amendment No. 2007 -005 (Exhibit #2); c) introduce Ordinance No. 2008 -9 approving amended Planned Community Development Plan Amendment No. 2007 -001 (Exhibit #3), and pass to second reading on April 22, 2008; d) introduce Ordinance No. 2008 -10 approving Development Agreement Amendment No. 2007 -001 (Exhibit #4), and pass to second reading on April 22, 2008, including that the Development Agreement reflects that Hoag agrees to install and operate Option 3 -1 (replace towers or provide 75% plume abatement) as a means to abate the cogeneration Volume 58 - Page 454 City of Newport Beach City Council Minutes April 16, 2008 plant; and e) that Hoag reimburses the City for the cost of installing landscaping and an irrigation system for about .47 acres at Sunset View Park, include the amendment regarding soundproofing windows, include a provision regarding rooftop landscaping of parking structures, reimbursement by Hoag of costs incurred relative to the Fluor study, and require Hoag to pay for ongoing monitoring costs. The substitute motion died for lack of a second. In response to Council Member Gardner's questions, City Attorney C l a u indicated that the City would probably not be able to require that Hoag add plume abatement t nology if it is not included in the DA now since no language is present in the current conditions. Mr. McKitterick believed that language already exists relative evaluati lames and other view impacts. He reported that Hoag has changed its position a grees that, a time of a cooling tower's useful life, Hoag will implement plume abatement is reviewed with City through the environmental process. t Amended motion bx-Council Member.Curry to a an ge in the Development Agreement and Planned Community Text that requires Hoag to le t plume abatement technology that is reviewed with the City through the environmental p at the end of a cooling tower's useful life. Assistant City Manager Wood recommended that a ne ction be added to the standards for approval of the site plan review to read, "The development uctures that have the potential to generate emissions that will have a visa air quality, or of similar impact shall be mitigated to the maximum extent feasible." Amended otion bCouncil Member rry to dop`R%blution No. 2008 -27 certifying the Supplemental Environmental Impact Report xhib- 1); b) adopt Resolution No. 2008 -28 approving General Plan Amendment No. 2007 -005 (Ex bi ); c) introduce Ordinance No. 2008 -9 approving amended Planned Comm evelopment Amendment No. 2007 -001 (Exhibit #3), including changes to the landscapi pr 'sions and ex its contained in the staff report, the change to the definition of gross floor ea, t inclusion of a view process to apply to structures proposed for the lower campus that a the p ntial to genera sible emissions or odors that impact visual or air quality, the inclusio re ss for re ment of the existing cooling towers on the lower campus, and changes to rooftop parking or tops of parking structures on the lower campus, ass to nd reading on April 22, 2008; and d) introduce Ordinance No. 2008 -10 approving Agree t Amendment No. 2007 -001 (Exhibit #4), including language in the Develop t Agree me at re that Hoag agrees to install and operate "Option 4" as a means to reduc a cogeneration nt cooli wer plume, that Hoag will reimburse the City for the cost of ins g landscaping an n irriga on system for about .47 acres at Sunset View Park, include a p ion to require annu noise monitoring, include language to schedule future annual reviews in Apr ach year, reimb ement by Hoag of costs incurred relative to the Fluor study, and require Hoag to for administr tive costs for future monitoring of the Development Agreement, and pass to SE cond rea on April 2008. Council Member sky asked if this is enforceable. City Attorney Clauson confirmed that the motion,adds langu into the DA and PC Text (Ordinance Nos. 2008 -9 and 2008 -10) that will be voted on at the Apr 22 meeting. Regarding the soundwall, Senior Planner Campbell confirmed that an analysis was conducted regarding lengthening the soundwall and staff believes that the proposed extension will cover the additional noise impacts. The amended motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Volume 58 - Page 455 City of Newport Beach City Council Minutes April 16, 2008 Council Member Webb, Council Member Curry, Council Member Gardner UQUon—b3L Council_ Member Curry to a) find and determine the applicant is in good faith compliance with the terms and conditions of the Development Agreement and all mitigation measures of the original EIR; and b) schedule a Council meeting each year in April as the time to conduct the hearing and review of the applicant's good faith compliance with the terms and conditions of the Development Agreement, the Amendments to the Development Agreement, nd all applicable EIR and SEIR mitigation measures. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, MEbudget r r m Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council M er Gar Council Member Gardner requested a study session item a delibera'" relative to how the City will be enforcing all the regulations. V. P..UB�IC COMMENTS - None Vl. ADJ,.OURNNMENT -11:05 p.m The agenda for the Regular Meeting was posted on'' it 10, 2008, at 11:45 a.m. on the City Hall Bulletin Board located outside of the City of New Beach Administration Building. Volume 58 - Page 456 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session April 22, 2008 — 4:00 p.m L ROLL CALL Present: Council Member Henn, Council Member Rosansky, Council Member Curry, Council Member Gardner Absent: Council Member Webb II. CURRENTBUSINESS 1. CLARIFICATION OF ITEMS ON THE In response to Council Member Henn's que Council committee regarding Pacific Coast committee. Mayor Pro Tem Daigle requeste '_ the City would be placing the ord fc the next fiscal year (Item 16). He purchase of vehicles. In response AClaported uestions reg City Attorne that 1 Director Ramd that the cl have review Civil Service Pro CALENDAR. Mayor Selich, Manager Bludau stated that the City PCH) (Item S30) is not a Brown Act om City Manager Bludau that ns now to save $14,000 before the City use sole source for the ling the Reformatted Civil Service Rules (Item 20), original ordinance is uncodified. Human Resources ges were only format changes, all the associations has approved it. eting at 4:07 p.m. Council r Henn complimented staff on the high quality of the report. He suggested using focus ups in order to measure what NBTV programs are being watched and creating a blue ribbon panel of community leaders to be used as a sounding board. He recommended that the governance of content, input, and final decision making be made by senior managers with wide scope of issues important to the City, not just the IT Manager. He also suggested updating the City Manager's newsletter so it appears to be of greater importance. However, Council Member Rosansky indicated that residents have told him that they don't want the newsletters to look like advertisements. Council Member Curry noted that this demonstrates the value of the citizen survey and is a Volume 58 — Page 457 City of Newport Beach Study Session April 22, 2008 step forward- Mayor Pro Tem Daigle recognized members on the committee and recommended adding an airport page to the City's website. 3. COST OF SERVICES STUDY. City Manager Bludau noted that the cost of services study is one of Council's priorities. Erin Payton, PRM, reported that they looked at the City's fee fors cc activities, the time involved to provide the services, and support costs in order to evelop the true cost for providing services. This was then compared to the fees curren being charged. She noted that the City has historically charged less than full cost for cc services. She believed that a comprehensive analysis should be conducted every three ears, but the fees should increase by the Consumer Price Index (CPI) in the off y s. She ewed the results of the study by department, reviewed the exhibits, and re o ed that PR ked at indirect and direct costs, noting that some departments are h y fee - related. eported that the study concluded that the City should yield ju nd r $6 million in n General Fund revenues. In response to Council questions, Reve Ma ger Everroad reported that costs were studied in 1996 and have been adjusted by each year- He stated that PRM identified and studied services, which has not been done s 1996. He reported that 271 increases, 62 decreases, 44 subsidized, and 33 new services are g proposed beyond the 1,000 services . already in the current fee sch ule. He indicate t the Restaurant Association has concerns with the permitting pr - the Parks, Bea and Recreation Commission is concerned with increasing fees; roveme Association (BIA) is concerned about development fees; and the mber o thought it was appropriate to seek the increase from service recipients. a note_ at eve takeholder group thought the City waited too long to do this study Council Member C xpressed con relative to raising senior citizen fees and creating new service spor fees He noted tha tis appropriate to recover Alcohol Beverage Control (ABC) review ocess/ lice fees. He b eved that building, safety, and development should explain the ue ass ated with the fee creases. Council Membe e s $5 million increase is a result of a study that is compose 1) ca up on cost increases that have not occurred; and 2) establishing parity wi dictio He believed that the study was fair and objective, and very well e. He rec d co tion from Revenue Manager Everroad that, after the Finance Committee revi d the some fees were phased as a result of stakeholder and staff input. Council her Hen recommended that, when this comes back to Council, the fees that are phased b listed with the explanation of why the fees are being phased in, that a policy come back how to handle interim fee increases and how often an extensive study will e place, and n estimate of how these fees will impact the 2008 -2009 budget. City M er Bluda oted that the budget is being prepared without including any fee increases. Mayor P Daigle noted that, when the City does not recover the full cost, it is borne by the taxpa s, particularly as it relates to building fees. Revenue Manager Everroad indicated t at this study confirmed that the valuation basis is still less than the cost of providing the building related charges. In response to Council Member Henn's questions, Revenue Manager Everroad reported that they commenced a separate tidelands analysis from this study and hope to have a final draft in six to eight weeks. Council Member Henn noted that substantial fee increases are being proposed in service areas identified for overall improvement in customer service. He recommended describing how service levels will be improved in conjunction with raising fees. Volume 58 - Page 458 City of Newport Beach Study Session April 22, 2008 Revenue Manager Everroad indicated that this study did not include a performance component. He stated that the revisions to Municipal Code Chapter 3.36 will be presented to Council on May 13, with second reading on May 27, and the resolution establishing the fee schedule will go before Council on May 27. He added that there is a 60 day noticing requirement for development fees, and staff has spent 1.5 years on this. He confirmed that fees and services can be amended as new things come up. In response to Council questions, Revenue Manager Everroad r 4orted that Emergency Medical Services (EMS) includes paramedic personnel, fire p onnel, and other standby personnel. He identified what kind of recovery is realized hypugh Medical and Medicare. Council Member Henn noted that the $14 million also incl \miof d administrative costs. Fire Support Services Manager Ulaszweski explain wh hen a call comes in so a faster response is provided. He noted that $14 includes engine companies and paramedics showing up to a call, a explainepartment's $29 million budget. Fire Chief Lewis added that most S calls nof five people on site and that paramedics are sent to every asic 'fe supue.Manager Everroad indicated that there is no EMS reco ry comps o other city studied EMS costs, but he can compare rata, ith t Orange County Fire Authority (OCFA). III. PUELIC.C_.OMM NTS -None IV. ADJOURNMENT - 5:10 p.m. The agenda for the Study Session wa , . don April 16, 2Q Bulletin Board located outside of the 'ty tyypnrt Beach Secretary Mayor Volume 58 - Page 459 at 3:35 p.m on the City Hall ministration Building. CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 22, 2008 — 7:00 p.m- I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:10 p.m. III. RECESS IV. RECONVF,NF,D AT 7 -nn P _ 1 V. ROLL CALL Present: Council Member Henn, Council Council Member Webb, Council VI. City Attorney Clauson reported tl Beach Brewing Company. VII. PLEDGE OF Al L1 tANCE - C VIII. I OCATIOIs Rab3 Marc Ru L" Rosansky, Mayor Pro TeA Daigle, Mayor Selich, Curry, Council Member Gardner Temple Isaiah agreement with The Newport Pre by a Am- I der Society of Visionary Award -Relay for Life. t Comm] _ 1?a Curry, Je r Gifford, and Krisstina Scheef, ;Chairperson of Relay for e, presented un ' .'th the Visionary Award and invited Council to attend a special celebration for can survi _ on September 17, 2008. it Run Procl tion - yor Selich read the proclamation and presented it to the race org ers and its yo th supporters. x NOTIC O THP. URi.iC 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 Volume 58 - Page 460 City of Newport Beach City Council Minutes April 22, 2008 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 qtt ending the DARE graduation at Newport Elementary School. He also congratulated the Poli epartment for taking 1st place for the fourth year in a row in the Baker to Vegas 120 -mile Ch ge Cup Relay. Council Member Rosansky announced that the Newpo ach Film Festival kick -off is Thursday. Mayor Pro Tern Daigle announced that she Children's Reading Week at Mariners Libra Day and the City celebrated with a visit front Mayor Selich announced that the an Saturday, May 3, 2008 and thanked Pact Bay Science Center at Shellmaker Island. on Building Commission this wgek. XII. CONSENT CALENDAR A. RF,A1) INC. OF M other cil Members participated in the also anno d that April 22, 2008 is Earth tr Arnold Sch negger. Island Town Ha ting will be held on dation for donating $ ,000 towards the Back ed that he addressed the National Conference VL NT AGREEMENT CO MMITTEE. [100 -20081 a) Adopt 2008 -29 establishing the Banning Ranch Development Agreement b) confirm the Mayor's appointment of Mayor Selich and Council AW4RD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE VHailuhng, UNIVERSAL BOBCAT & HAULING, INC. [421100 -20081 a) Adopt utioit of Intention No. 2008 -30 setting the public hearing for May 13, 2008 to der the award of a Non - exclusive Solid Waste Franchise to Universal Bobcat 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. MM CTS AND A REEMENTS AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN FOR THE DELIVERY OF NATURAL GAS (C- 2493). [381100 -20081 Approve Volume 58 - Page 461 City of Newport Beach City Council Minutes April 22, 2008 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 -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 a Materials bond 35 days after the Notice of Completion has been recorded in ac dance with applicable portions of the Civil Code; and d) release the FaithfuWe rformance Bond one (1) year after Council acceptance_ 9. MARINERS PARK IMPROVE S - MPLETION AND ACCEPTANCE OF CONTRACT (C-3806).. [ 0 -2008] Accept the completed work; b) authorize the City Clerk to fil Notice of Com lion; c) authorize the City Clerk to release the Labor and ria bond 35 days r the Notice of Completion has been recorded in a dance ith applicable p ns of the Civil Code; d) release the Faithful P rman and one (1) year a ouncil acceptance; and e) approve a budget a ent (08BA -061) recognize contributions in the amount of $12,500 from ort Mesa Unified School District (NMUSD) and American You Soccer Orgam on (AYSO) per improvements to the school park site and appro $12,500 to unt No. 7251- C5100817. 11. MROINSMONAL SERVICE AGREEMENT WITH MIKE PRLICH & SONS, 12. TCLIP AREA STREET LIGHT REPLACEMENT PROJECT CO RACT (C -3868) - APPROVAL OF AMENDMENT NO. 2 TO PR ESSIONAL SERVICES AGREEMENT WITH JMD, INC. [381100 -2008] App ve Amendment No. 2 to the Professional Services Agreement with JMD, Inc. of City of Industry for additional professional services at a not to exceed price of ,840 and authorize the Mayor and the City Clerk to execute the Agreement. 13. ST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT REPLACEMENT - AWARD OF CONTRACT (C4005). [381100 -2008] 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. Volume 58 - Page 462 City of Newport Beach City Council Minutes April 22, 2008 14- TRAFFIC SIGNAL UPGRADES FY05106 - 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 REP CEMENT PROJECT. (100 -20081 Approve a budget amendment (08BA -062 transfer the total amount of $133,850 from Accounts 7019. 01002000 ($4 ); 7019. 01820825 ($10,200); 7011- 01820919 ($45,600); 7019 - 0182080 7, to current Police Facility Generator Account No. 7019- C1820918 to vide n oe ry funds to complete the Police Facility Generator Project. 16. PURCHASE OF P AMEDIC V FOR THE FIRE DEPARTMENT. (10 081 prove the sole sour base of a new 2008 Ford E -450 Modulance eeled Coach Industries fo 120,254 plus tag from the FY2007 -08 budget; an thorize the City Manager to sign a non - binding letter of intent or the purcha f a second 2008 Ford E -450 Ambulance after July 1, 2008 for $1 54 plus tax, g approval of the FY 2008.09 equipment replacement bu 17. 19. 411 TO REVIEW AP IC ra COUNCI L C ULED TO or' appointment h (Chair) to ser h s and make F AI)- C APPOINTMENTS COMMITTEE RECOMMENDATIONS TO THE HE BO AND COMMISSION VACANCIES JR ON JUNE 30, 2008. (100 -20081 Confirm the yor Pro Tem Daigle, Council Member Henn and Mayor on the ad -hoc appointments committee to review ommendations to the full Council for the Board and to occur on June 30, 2008. KEVIN KELLY TO ENVIRONMENTAL QUALITY 1' E (EQAC). (100 -20081 Confirm Council Member of Kevin Kelly to EQAC. CIVIL SERVICE RULES. (100 -20081 Approve updated and Civil Service Rules. LPPOINTMENTS TO THE MEDIA & COMMUNICATIONS 4MITTEE. (100 -20081 Confirm the Mayor's reappointment of Donald Boortz Daniel Wampole as citizens representatives to the committee for an additional year term. 22. APPOINTMENTS TO TASK FORCE ON GREEN DEVELOPMENT. (100 -20081 a) Confirm. the Mayors 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. Volume 58 - Page 463 City of Newport Beach City Council Minutes April 22, 2008 XIII. S30. CREATION OF A CITY COUNCIL COMMITTEE TO INTERACT WITH CALTRANS REGARDING PACIFIC COAST HIGHWAY (PCH) RELINQUISHMENT ISSUES. [100 -20081 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 ATTORNEYS EMPLOYMENT AGREEMENT (C- 3744). [381100 -20081 A prove a one -year employment agreement with the City Attorney, which inclu a 4% salary increase. Motion by Mayor Pro_ Tem Dai¢le to approve the resent Calendar, except those items removed (5, 6, 18, & S29); and noting that the effective for Item S31 is June 1, 2008. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Memb sansky, Mayor Tem Daigle, Mayor Selicb, Council Member Webb, Council Me r Curl, Council JIM ardner In response to Council Member Henn's ques current LEED (Leadership Energy the Environmental Quality ommit be taking the test. 5. KENNELS IN WEST SANTA ANA Randy human about the mt City Manager Wood stated there are no ironmental Design) certified people on or on staff, however, some employees will 3ut the ne from barking dogs and stated that it well- being. of the kennel ordinance and provided Council with cy - d that there are eleven kennels in West Santa Ana County Resolution that governs the kennels was revised to fit the City's In response to MayoX Pro Tem Daigle's question, Captain Kaminsky stated that the criminal re d requirement could be extended to eight years and they can request that a g be main ' ed to show when the dogs are exercised, which will be open to inspection by Police partment. He also reported that the new ordinance addresses the concerns of h he th and well- being. Motio Mavor Pro Tem Daifle 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 Volume 58 - Page 464 City of Newport Beach City Council Minutes April 22, 2008 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 -005; PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -001; AND DEVELOPMENT AGREEMENT AMENDMENT NO. 2007 -001 (C- 2912(A)). [381100 -2008[ In response to Council Member Gardner's question, Assistant City Manager Wood clarified that if the existing cooling towers were destroyed durin a natural disaster, they could be rebuilt without adding plume abatement and sugge that page 27, Section A3 of the Planned Community Development Criteria be rewaffile d or removed because the cooling towers should include plume abatement in.case o natural disaster. Dennis O'Neil, Hoag representative, believ at greement was if the cooling towers lived out their useful life and were ieDlace 'Abatement Dl batement would be installed. Wendy uggested thaC cil consider ption 3 -A and that the City explore green his coern for how Council handled the issue and urged Council IM 13010 Otti X ssed -c tern about how fast Council will be adopting the ordinan n that Council Member Curry is handling issues under the table. She state ts' questions are not being answered. Motion b Council Member Curry to adopt Ordinance No. 2008 -9 approving Planned Community evelopment Plan Amendment No. 2007 -001; and adopt Ordinance No. 2008 - 0 approvm Development Agreement Amendment No. 2007 -001. Clauson and Assistant City Manager Wood stated that there are additional development agreement that were not provided in the original staff report. bubstitute motion by Council Member Rosans 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 rthey 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. Volume 58 - Page 465 City of Newport Beach City Council Minutes April 22, 2008 18. S29. 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 Tern Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner COUNCIL REVIEW OF STAFF STATUS CITY COUNCIL PRIORITIES FOR 2008. Bill Ficker suggested that the dredging of Dolores Otting suggested that Council City Manager Bludau cla Manager's newsletter includes The motion carried by the following Ayes: Council Member Selich, Council N SAN JOAQUIN HILLS STUDY CANTS. f. rill REPORT ON SIX OF THE included in the priorities. the cost Act compliant. producing the City to receive and 51e the rep`t. o vote: it Me Rosansky, Mayor Pro Tern Daigle, Mayor Council her Curry, Council Member Gardner ( SJHTC) TOLL RATE Coun ' Ise Webb .repo hat on May 8, 2008, the Board will receive and consider a su ted rease for the ewport Coast Drive ramp and the Aliso Creek ramp. The. fee in include a mu greater percentage at the Newport Coast Drive Ramp at n along a currdor. He urged residents to write a letter to the toll an nd 8, meeting at 930 a.m. In reap&& to cil Member Rosansky's question, Council Member Webb stated that tolls are by ha the highest rates on either side of main toll stations to keep people on the corr. r. ouncil Member Rosansky to authorize the Mayor to send a letter to the the SJHTC Board requesting that future toll rates at the Newport Coast crease at the same rate as the rates for the Aliso Creek ramp. The i1hA carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XIV. QRAL 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 Tern Daigle reported that the Citizens Aviation Committee is working on the JWA Volume 58 - Page 466 City of Newport Beach City Council Minutes April 22, 2008 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 -2008] City Manager Bludau reported that these are existing bonds that are being refinanced. Finance Officer Matusiewicz reported that the bon are a part of the Internal Revenue code that allows cities to enter into a partners to lower the cost of financing and operation. City Manager Bludau reported that the has acte the funding conduit for Hoag in the past and the bonds were sold at no to the City's neral Fund. In response to Dolores Otting's q ion, Manager Bluda ted that the fees are for administrative costs and staff t' Wendy Kaiser expressed support for bond proposal Motion-by Coi ci111 er Curr to t Resolut of not to exceed $630,0 , ° f City of Ne ort Bea Hospital Presbyterian) ries the exe 'on Agreements in substantia the form N e Indentures in substantially he for he ei Official ents (inclu g endisub execut' and elivery of one ore Bond Purchase pres d; and ' ect staff to a the necessary steps of th 8 bo s. M Cohen urge ouncil to adopt an ordinance to require absorbent surfaces for dog runs in a reside 1 setting. Richard Ni s ed Council to re -look at the group homes ordinance. He also stated that Scientific Am 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 Voris 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 Volume 58 - Page 467 City of Newport Beach City Council Minutes April 22, 2008 opening in the City. XVII. PLANNING._Q9MMISSIONAG2NDA AND ORAL STATUS REPORT 24. PLANNING COMMISSION AGENDA FOR APRIL 17, 2008. [100 -2008] 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 N ort Boulevard. In response to Council Member Henn's question, Attorney Clauson stated that they will review the information provided by Dolor tting relative to Von's Pavilion Wine Tasting. XVIII. CURRENT BUSINESS 25. PROPOSED AMENDMENT TO. AME ITYS ONE- ACTION PLAN FOR FISCAL YEAR 2007 -2008. 1100_ 081 Economic Development Coordin owden reported that staffs recommending the approval of a budget amendment will allow the City to replace the commitment of $78,300 of General F money with t rior year unallocated CDBG fund money for the sidewalk, curb and gut lacement pm Motion by Council Me er s to a rove the Amendment to the City's One- Year Action Plan for fisca ear 20 and approve a budget amendment (08BA- 059) increasing CDBG . re nue e a 160 -4890 by $78,300 representing new program prior year u d CDBG nds as included in the amended FY 2007- 2008 G O -Year Action n, appropriating $78,300 to Account No. 7161- C5100020 for Sidew Curb an utter Replacement project for FY07 -08 (C- 3974); and tran g 8,300 from count No. 7013- C5100020 to the General Fund Ayes: COUNCIL by the fongWg roll call vote: Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Amber Webb, Council Member Curry, Council Member Gardner VAL OF CITY SERVICES RECOMMENDED BY ICMA FOR MEASUREMENT AND PERFORMANCE [100 -2008] ICMA, provided an update on the benchmarking process. Councii`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. Volume 58 - Page 468 City of Newport Beach City Council Minutes April 22, 2008 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 Daigl , Mayor Selich, Council Member Webb, Council Member Curry, Council Memb ardner Absent: Council Member Rosansky 27. SALE OF BONDS FOR ASSESSMENT DI ICT NO. 92 - AREA GENERALLY BOUNDED BY WEST COAST HIG A USTIN . AVENUE, RIVERSIDE AVENUE AND CLIFF DRIVE. (891100- 81 Finance Officer Matusiewicz repor t at residents a oved the formation of the district in January 2008 and aske o cil approval for sale and issuance of the bonds. In response to Council Member He question, Finance Officer atusiewicz stated that he believed that the bonds are sold, bu unsure of the cost. Motion by Council li '` Webb to a Resolution No. 2008 -33 authorizing: a) the sale of 1915 Act Assessm t of to ex 1,455,000 for Assessment District 92; b) the execution and deliver . f one of Inden s in substantially the form presented; c) the execution and delive of one o o cia tatements and Continuing Disclosure Agreemen ' ubstantially e f presen d) the execution and delivery of one or more B P base Contra substantially the form presented; and e) direct staff to take neces steps to p de for the sale and issuance of the bonds. The mo n ed by the follow roll call vote: un ember cil Member Rosansky, Mayor Pro Tem Daigle, Mayor h, cil Member ebb, Council Member Curry, Council Member Gardner 28., GENE R DES PARAMETERS FOR CITY HALL, PARK AND PARKING STRUCTU . f73/ -$0081 Mayor SelId stated that the City Hall Design Committee offered a draft of the general sign par eters and conducted a meeting on Monday, April 21, 2008. He discussed ents concerns that were brought up at the meeting. mber Henn believed that this has been a rational, steady and progressive 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 Volume 58 - Page 469 City of Newport Beach City Council Minutes April 22, 2008 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 rameters may hinder creativity. Anne Balderston expressed her concern aXesign tection of views and the size of City Hall. Nancy Skinner suggested that Council lis rences and p rovide an example of City Hall. Debbie Stevens asked if a copy of ac study could ssued prior to the May 13, 2008 meeting.' h Ron Hendrickson stated that of the parameters lacking information, are confusing, and unnecessary. He o suggested that the architects be provided with a larger map. Denise Woltemath ask ouncil than " the proposal by removing the view planes and expressed her appre 'ation a lo ow -inCe . ity safety lighting. She suggested that there be a requirement to eserve t the ffic flow needs to be carefully weighed, and the project should be fu ded p r Y. Jay B r e essed concer out the traffic impact and asked for clarification on the size ity Ha _ Jan Va rsl Commended th City Hall Design Committee on their recommendations, este, houl a located, and suggested that Exhibit E be retained. Coun emb osansky believed that Exhibit E should have the wording "Northerly five to acr ' and should include specific amenities and suggested that the designers uld de where they would like to place them. Council Me er Henn agreed that less specificity is better and suggested adding a list of the imports. features and leave the rest up to the designers. cil ber Webb suggested that Exhibit E be omitted and indicated that the view from hur Boulevard should be protected. S 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 Volume 58 - Page 470 City of Newport Beach City Council Minutes April 22, 2008 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 XD:, MOTION FOR RECONSIDERATION - None X% ADJOURNMENT - 9:54 p.m. The agenda for the Regular Meeting wa City Hall Bulletin Board located outside Building. The supplemental agenda for 2008, at 2:45 p.m. on the City Hall Bulletin s posted o pril 16, 2008, at 3:35 p.m. on the of the Ci of Newport Beach Administration the R Meeting was posted on April 18, B loca outside of the City of Newport Volume 58 - Page 471