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HomeMy WebLinkAbout01 - 08-11-2009 & 08-18-2009 MinutesAgenda Report 111 September 8, 2009 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session August 11, 2009 — 3:00 p.m. I. ROLL CALL Present: Council Member Henn, Council Member ansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb Excused: Council Member Gardner, Council her D II. CURRENT BU_ S 1. CLARIFICATION OF ITE ON CONSENT C DAR. Council Member Webb rec ded continuing Item 18 ale of City -Owned Property). Regarding Item 19 scheduled Va on the Building Fire Board of Appeals), Mayor Selich recd appointin until Members Webb, Daigle, and Gardner to serve on t Ad ointme Committee. 2. CENTRAL COUNTY RAID STMENT STUDY. qcy y Transpo n Authority (OCTA) Manager of Corridor Studies d a Power • nt presentation to discuss the parameters of the study ose and goal the study, being a Locally Preferred Strategy (LPS); sory Commit , Technical Working Group, and Stakeholder Working native trategies, which include Strategies A through E; end t reeway (Strategy A and B); and study and project In res se to until questions, Ms. Warren discussed details of Strategy B (Nees M -2), a 'ng an additional lane to the 55 Freeway between the 22 Freeway and the 405 Freeway, local transit projects, better connections to Metro ' , and the 19th Street Bridge project. She also clarified that the extension of the 5 way is part of Strategy C, and that Huntington Beach and Costa Mesa ve cerns regarding the 19th Street Bridge as part of Strategy B. She stated t and to have more information to present to Council by the end of October, an be wrapping up the LPS to present to Council by Spring 2010. 3. CHANGES TO NBMC 11.08.010 (OBSTRUCTIONS ON PUBLIC BEACHES PROHIBITED) AND NBMC 11.08.020 (USE OF CONCEALING UMBRELLAS PROHIBITED) (continued from 5126109). Police Captain Johnson discussed components of the revised ordinance, .including limiting, the size of the structures to 10' x 10' with a total square footage of 100 feet; limiting the number of side panels to, two to allow.for more visibility; comparing the drdinance'to those in surrounding1'cidba; requiring awnings to be removed if Volume 59 —Page 235 h' City of Newport Beach City Council Study Session August 11, 2009 they prohibit Lifeguard visibility; leaving a right -of -way for emergency vehicles; community feedback supporting less side panels; staff feedback suggesting exceptions for City events; and requesting direction from the Fire Department on the proximity of devices to fire rings. On behalf of Council Member Gardner, Council Member Henn suggested the need for a defined separation between the units, and that the size limitation should be smaller than 10'x10', similar to the size limitations in Laguna Beach's ordinance. Council discussed 10'x10' versus 6'x6' easy -ups ' d believed that a 10'x10' unit would be appropriate with a 6 -foot separation betvi&n each unit. Kathy Hamilton thanked Police Captain Jo n and City Attorney Hunt for their support. She utilized photographs to sh density at Big Corona Beach, and expressed support for one -sided uni nd for nning the use of tents. She explained that the Laguna Beach o i ance only s a one -pole unit of no more than 6 feet in diameter and a ressed support the City to follow this methodology. Karen James spok regards to a ter she wrote to Council on June 6th which advocated for umb only, and sta that umbrellas are inexpensive, look nice, and do not block visi Mayor Pro Tem C Counei bar nn, and Mayor Selich expressed support for allowing on sided ts. Member Henn requested more n egarding La each's o ce and purchase availability of 6x6' a also state t he felt it was appropriate to allow exceptions for City ested cl ' the ordinance to not allow multiple one -sided units to o create a mul sided enclosure. Joan Coleman expressed rn out the lack of visib' t Big Corona and agreed with the suggestion to llow one -sided units. 4..,,,.mXEP G FEASIBILITY FOR OPEN SPACE ACQUISITION Indep ent sultant Myerson referenced his report that advised the City on meth dap ches for appraising the Banning Ranch. property, discussed the selectio rocess ngage an appraisal firm to assess the fair market value of the property nd assisted the City in identifying potential sources of conservation funds for pose' le acquisition of the property and to assess the feasibility of such an nse to Council questions, Independent Consultant Myerson clarified that the co etc acquisition is for 400 acres, discussed the potential for creative solutions during the review process in regards to available funding, stated that Proposition 84 has allocations for funding this type of acquisition, and discussed his attempts to get a response from the Ports of Long Beach and Los Angeles. Steve Ray, Executive Director of the Banning Ranch Conservancy (BRC ), expressed support for retaining the services of Independent Consultant IJ(yerson, discussed .opportunities for utilizing several sources of funding, and noted BR,C's collaboration .with the Environmental Oversight Committee (OCTA ). He also discussed the goal of BRC to preserve all. 400 acres, which will require cooperation from property VolumeSB —Page 286 City of Newport Beach City Council Study Session August 11, 2009 owners and local support, clarified what the "free land" will be used for, and discussed the habitat value of the land. Rosemary Steinbrecher requested clarification on further expenses regarding the development of the open space. Assistant City Manager Wood recommended keeping Independent Consultant Myerson available to help staff come up with creative solutions. She also clarified situations where property owners would or would not be reimbursed for the cost of cleanup. Jan Vandersloot discussed ^ulh gical value the property and how the habitat value has been taken awse of m ing, suggested that the City utilize organizations such as Trublic L e American Land Conservancy to acquire the land, discussee P of Lo each and Los Angeles could be utilized, noted the major tention r ing the Burrowing Owl, and suggested more than one ca used for the pr Kevin Nelson requested tc' ow as much time required to work out funding for the property, on the ecological valu d aesthetics of the land, and suggested slowinn developing the last develo able area. Rosansky ccVmented that Council would be open to opportunities 111111 supported the process of moving forward: TO TITL 19, "SUBDIVISIONS", OF THE NEWPORT BEACH QDE (PA2009 -087). Directolupo utilized a PowerPoint presentation to discuss proposed process changes, tentative parcel maps, lot merger applications, y and voluntary lot mergers, development across lot lines, lot line ts, General Plan Policies, Coastal Land Use Plan Policies, and City Co Member Rosansky suggested exploring what typical setbacks are on the Pe ula and recommended that the Public Works Department weigh -in on utility issues regarding lots that are being reoriented. Council Member Henn stated situations on the Peninsula, -- encouraging of revitalization. that the current zoning code is inapplicable to many and reiterated the need to be resident - friendly and Mayor Selich noted that this might be a one -size- fits -all. approach, suggested dealing with older and newer areas of the City differently, and recommended updating the Volume 59- Page 287 City of Newport Beach City Council Study Session August 11, 2009 Council Policy regarding alley access and curb cuts to make it consistent with the General Plan if needed. Council expressed concern regarding lot line adjustments with alley access, setback requirements, neighborhood uniformity, curb cuts and curb cut exceptions, and discussed the need for consistency with the General Plan. III. PUBLIC COMMENTS - None IV. ADJOURNMENT - 5:09 p.m The agenda for the Study Session was posted on City Hall Bulletin Board located outside Administration Building. [gust 5, 2009, at 3:45 p.m on the the City of Newport Beach Secretary CITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 11, 2009 — 7:00 p.m. I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - 5:15 p.m. A. Conference With L -al Counsel - i tin 'ti atio _ " Government Code §54956.9(a)Z Four matters: IBC Litigation Matters: Four ters, arising out o e IBC Litigation against the City of Irvine: * Newport Beach�lTust City of Irvine (Martin S el), Orange County Superior Court Case No. 07 1264 * Newport ustin v. of Irvine (2851 Alton), Orange County Superior Court a 07 126 * Newport Beac rratin of I e (HCG), Orange County Superior Court, Case No. 30 008-00 5- ' -CXC nRegu art Beac in v. City of Irvine (Accessory Retail Business tions), Or C ounty Superior Court Case No. 30- 2009. 00264696 Puee Performan . F,valuatinn tGnvernment Cade 864957(h)(I)l: session to consider the appointment, employment, or dismissal of one public employee(s). Titles: Cl Mana and City Attorney atiation of litigation against Red Bluff, LLC, for imposition of a receiver in ng its property at the corner of Dover and PCH into compliance with City and to abate nuisances. D. Conference with Real Property Negotiator (Government Code § 54956 8 Property: Jamboree Road Widening Right of Way at and around SR 73 Overcrossing. City Negotiator. Ray Armstrong of Overland, Pacific & Cutler, Dave Webb III. RECESS - TV. RECONVENED AT 7 -on EX FOR REGULAR MEETIN(` Volume 59 - Page 239 City of Newport Beach City Council Minutes August 11, 2009 V. ROLL_CtLLL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, May Selich, Council Member Webb Excused: Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT -None VII. PLEDGE OF ALLE _IANCE - Council Member Webb VIIL INVOCATION - Mayor Pro Tern Curry DL PRESENTATIONS Presentation of Cultural Arts Grants and S of s Report - Robyn Grant, City Arts Commission Chair, provided CouncVwit a State of Arts Annual Report for 2008- 2009 and with help from Mayor Selich, warded the 2 00 09 Cultural Arts Grants to Baroque Music Festival, Festival Ballet , wport Beach Festival, Newport Beach Public library Foundation, Newport H - "or Na cal Museum, Ora ounty Museum of Art, Pacific Symphony, South Coast Reper Th r, and Southland Oper Presentation of Plaques to Outgoing d and Commission Members - Mayor Selich presented plaques to Bert Ca n, Kirwan ller, and Seymour Beek. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNC R IT S WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTU OR LDISCUSSION. ACTION OR REPORT (NO US IO Council Me er We displayed p tos ofart in San Diego and announced that he would like the Ci mission to w with the Civic Center landscape architect, compile information, a resentation Council in October or November regarding a program to dis in ivi rk. mi. N NT N A. READ OF T S/ORD N CBS AND RESOLUTIONS 1. UTES F THE REGULAR MEETING AND ADJOURNED R ULAR MEETING OF JULY 28, 2009.[100-2009] Waive reading of su ect minutes, approve as amended and order filed. 2. ING OF ORDINANCES AND RESOLUTIONS. Waive reading in full f all ordinances and resolutions under consideration, and direct City Clerk to read by title only_ B. ORDINANCE FOR INTRODUCTION 3. TRANSIENT OCCUPANCY TAX (TOT)/VISITOR SERVICE FEE (VSF) ORDINANCE UPDATE: THE PAYMENT OF TAX AND FEES PRIOR TO SEEKING JUDICIAL REVIEW. j100 -20091 Introduce Ordinance No. 2009 - 17 amending Chapters 3.16 and 3.28 of the Newport Beach Municipal Code relating to the payment of Uniform Transient Occupancy Taxes (UTOTa) and Visitor Service Fees (VSFa) prior to seeking judicial review, and pass to second Volume 59 - Page 240 City of Newport Beach City Council Minutes August 11, 2009 reading on September 8, 2009. C. ORDINANCE FOR ADOPTION 4. AMENDMENT TO CHAPTER 1.12.020 OF THE MUNICIPAL CODE REGARDING ISSUANCE OF CITATIONS. [100 -20091 Adopt Ordinance No. 2009 -16 which gives the power to issue citations to the Code and Water Quality Enforcement Manager and any staff he /she designates. D. RESOLUTIONFOR ADOPTION E. 5. COUNCIL APPROVAL OF THE BIG ANYON CREEK RESTORATION PROJECT AND ADOPTION THE MITIGATED NEGATIVE DECLARATION. [100 -2009] a) rc the Big Canyon Restoration Project; and b) adopt Resolution No. 2OPF59, ad g a revised Mitigated Negative Declaration. CONTRACTS AND AGREEME S 6. COMMUNITY YO C ER REHABILITA - COMPLETION AND ACCEPTANCE 9). [381100 -2009] a) Aocep the completed work; b) authorize the City Clerk e a Notice of Completion; c) authorize the City Clerk to rele a the Labor atl4l.Material8 Bond 35 days after the Notice of Completion n recorded ccordance with applicable portions of the Civil Code; a ase the ul Performance Bond one year after Council accepts 7. COMMUNITY UTH KING LOT IMPROVEMENTS - LETION CEPTAN (C4132). [381100 -20091 a) Accept the comp ted work; b) horize the City Clerk to file a Notice of Completion; c) autho ' the City C k to release the Labor and Materials Bond 35 days after the tice of Comple ' n has been recorded in accordance with applicable ie Civil ; and d) release the Faithful Performance Bond one ye fter ce. 8. O TY YOUTH CENTER (CYC) ROOF REHABILITATION - ARD CONTRACT (C4195).138/100-20091 a) Approve the project pl s and cations; b) award the contract (C -4195) to Western States g Syste s, Inc. (Western States) for the total bid price of $74,650, and au orize the Mayor and the City Clerk to execute the contract; and c) establish an mount of $11,200 (15 %) to cover the cost of unforeseen work. 9. BONA DEL MAR STREETLIGHT IMPROVEMENT PROJECT - ARD OF CONTRACT (C-4090).188110040091 a) Approve the project drawings and specifications; b) award the contract (C -4090) to Macadee Electric Construction for the total bid price of $165,669, and authorize the Mayor and the City Clerk to execute the contract; e), establish an amount of $17,000 to cover the cost of unforeseen work; and d) approve a budget amendment (IOBA -007) recognizing an additional contribution of $2,787 from the Corona del Mar Business Improvement District and appropriating $2,787 from Account No. 7251- C2202001, which together with the original appropriation of $100,000 represents 50 percent of the proposed design and construction costa for the project. Volume 59 - Page 241 City of Newport Beach City Council Minutes August 11, 2009 10. NEWPORT BEACH CIVIC CENTER - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HALL & FOREMAN, .INC. FOR SURVEY SERVICES (C4175). [381100 -20091 Approve Amendment No. 1 to the Professional Services Agreement with Hall & Foreman, Inc, to provide supplemental survey and consulting services at a not to exceed price of $46,150, and authorize the Mayor and City Clerk to execute the Amendment. 11. VIA LIDO, VIA ANTIBES, VIA OPORTO & VIA MALAGA STREET REHABILITATION - AWARD OF CONT CT (C-4096).[38110040091 a) Approve the project plans and specifcatio , b) award the contract (C -4096) to All American Asphalt for the total bi rice of $575,575, and authorize the Mayor and the City Clerk to execute ntract; and c) establish an amount of $57,558 (10 %) to cover the cost of re work. 13. APPROVAL OF AMENT AGREEMENT WITH W. OF AMENDMENT NO 20091 a) Approve W. A. Rasic Company, authorize the Mayor and Amendment No. 3 to Prc for on-call unksground City Clerk to eIRMIkAhe utility PVT NO. 2 T ROFESSIONAL SERVICES IC COMMA INC. AND APPROVAL IKE KILBRI TD. (C-3994).[38/100- 0. 2 to Professional ces Agreement with on -call underground utih repair services, and Jlerk to execute the Amendment; and b) approve al Services Agreement with Mike Kilbride, Ltd air services, and authorize the Mayor and 14. APPROVAL O ON -C EPAI ERVICES AGREEMENT WITH R.A REED ELE TRIC RS FOR AT 2009] App c fo p o " he ME RANDUM OF AGREEMENT WITH THE STATE 'ALIFO ACQUISITION OF URBAN SEARCH AND (USAR) T AILER AND EQUIPMENT (C-4889). 1281100 -20091 e Fire Chief to approve the Memorandum of Agreement with the of rnia for Acquisition of Urban Search and Rescue (USAR) trailer C. FOR REPAIR OF ELECTRIC WEL AND PUMP STATIONS (C- 3888). an on -call repair services agreement with R. A. Reed pair of motors for water wells, booster pumps and pump Mayor and City Clerk to execute the Agreement. Company and auth 16. T TE OF NEWPORT BANNERS - APPROVAL OF ENCROACHMENT P MIT N2009 -0179. [100 -2009) a) Conditionally approve the request of the N ort Beach Chamber of Commerce for the installation of 169 banners from t 24, 2009, to September 22, 2009, for the annual Taste of Newport tion will be along Westclifi Drive, Jamboree Road, MacArthur Boulevard, Newport Boulevard, and Coast Highway); and b) waive City fees associated with the banners and their install ation. Y ,/ ✓ I 5 17. REASSIGNMENT OF FUNDS FOR THE URBAN SEARCH AND RESCUE (IISAR) VEHICLE. [100 -8009) a) Reallocate funds from the Fire Department Capital Improvement Projects (CIP) fund to convert spare Fire Engine No. 2418 to accommodate tools and equipment obtained through the Urban Area Security Initiative grant; and b) approve a budget .amendment Volume 59 -Page 242 City of Newport Beach City Council Minutes August 11, 2009 XIII. (10BA -008) reallocating $84,990 from account 7011- C2320715 to account 23209300. 18. SALE OF CITY -OWNED PROPERTY IN FRONT OF 412 CARNATION AVENUE. [73/100 -2009) Continue to a future meeting. 19. UNSCHEDULED VACANCY ON THE BUILDING AND FIRE BOARD OF APPEALS. [100 -2009] a) Declare a vacancy on the Building and Fire Board of Appeals due to the resignation of Paul Root effective July 30, 2009; b) confirm the Mayor's appointment of Council Membe ebb, Council Member Gardner, and Council Member Daigle to serve on Ad Hoc Appointments Committee; and c) direct the City Clerk to post publish a Special Vacancy Notice requesting that applications be subm by 4:00 p.m. on Thursday, August 27, 2009, and schedule the submis ' o e nominations to the Council on September 8, 2009 with the fin appoint to be made on September 22, 2009. 20. APPOINTMENTS T THE SPECIAL VENTS ADVISORY COMMITTEE. [100 91 Confirm the May appointment of the following individuals ecial Events Advisory Co ittee: Kim Severini, Jim Donnell, Janis Din 'e, Marshall Topping, Kirwan Rockefeller, Laura Davis, and Judy Brower; a b) confirm the Mayor's appointment of Laura Davis as ChAwrson. S28. PROPOSED C NIA RONMENTAL QUALITY ACT GUIDELINES E RE ED TO GREENHOUSE GAS EMISSIONS. [1 -20091 th comments from the Task Force on Developme ; an ) autho the Mayor to send a letter submitting tty mments to California Natural Resources Agency regarding the prop ed amendme the CEQA Guidelines. Mot' n b o T Cur ded b Council Member Ros sk to approve the Consent Ca r the i removed (12); and noting the continuance of Item 18, a ' tm of Cot ers Webb, Gardner, and Daigle to the Ad Hoc pointmen mmt (Item 19). The motion carri by the g roll call vote: Mayor P Tem C Council Member Webb, Mayor Selich, Council Member Rosansky ouncil Member Henn Abse Council M her Gardner, Council Member Daigle 12. TRAIWIC SIGNAL MODERNIZATION - WEST NEWPORT (PHASE 4) AND BALBOA PENINSULA (PHASE 7) DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. (C-3921).1881100-20091 Council Member Henn stated that he is pleased that the project is moving forward, but expressed concern that the scope of work does not include the traffic lights at Finley and Via Lido. He requested to have design work for the two traffic lights added to the scope of work and when the Pacific Coast Highway Relinquishment Bill passes, the City can proceed with updating the streetlights without delay. Public Works Director Badum confirmed that the.scope of work can be amended to Volume 59 - Page 248 City of Newport Beach City Council Minutes August 11, 2009 include those two lights. In response to Council Member Rosansky's question, Assistant City Manager Kiff stated that the Bill is still pending and indicated that he does not perceive 'a problem. Motion by .Council . Member- Henn, seconded by -. Council, Membgr Webb to approve a Professional Services Agreement with an amendment to the scope of work to include the traffic lights at Finley and Via Lido with Iteris, Inc. for design of Phases 4 and 7 of the Traffic Signal Modernization Project - We Newport and Balboa Peninsula - at a contract price of $446,820, and authorize the kAyor and City Clerk to execute the Agreement. The motion carried by the following roll Ayes: Council Member Henn, Cou `Member Mayor Selich, Council Mem ebb ner ou Absent: Council Member Gardn ' ember Daigle )UV XV. PUBLIC HEARINGS Mayor Pro Tem Curry, - None 21. COST RECOVERY INANCE ( TER 3.86), FEE RESOLUTION AND �. MASTER FEE SCHE 00 -20091 City Manager Bludau re uested ite a continued so that recreation fee changes can be added. Mayo elic opened the is hearing. Hearing no testimony, he closed the 22. [100 -20091 Manager Kiff explained that the Council Policy Manual is updated Council Member Henn noted that Council Policy F -28 was inadvertently attached as Council Policy F-26. Motion by Council Member Rosansky, seconded brMavor Pro Tem. Cur ry to approve the proposed revisions to Council. Policies A -18, B -1, B -2, B -7, B -12, B -13, B -14, F -1, F -3, F -6, F -7, F -8, F -12, F -16 and K -1, the deletion of Council Policies F -21 and F- 23, and the addition of Council Policy F428. The motion carried by the following roll call vote: Volume 59 - Page 244 City of Newport Beach City Council Minutes August 11, 2009 Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb Absent: Council Member Gardner, Council Member Daigle XVI. PUBLIC COMMENTS Jerry Russell expressed concern about the surveillance camera at Castaways Park. City Manager Bludau reported that vandalism has occurred to the 111 Marine statue and noted that the camera only captures activity around the monument. Monica Venable, Community Alliance Network, pr ded Council with packets and discussed their under -aged drinking prevention roject. She stated that they can assist with hosting an under -aged drinking town ha eting, highlighted the information in the packet, and thanked Council for their commitm to lie service. W.R. Dildine commended the Public Works and expressed concern about the meters a invited Council Member Webb to atten Department on August 31. Karen Tringali, Corona del Mar the Neighborhood Preparedness Exp p.m. to 7 :30 p.m. XVII. PLANNING COMMISSION 23. PLANNING COMMISSFON Wrtment for work on Assessment Districts encroachments i e public rights -of -way. He et' he will be ha with the Public Works its Association, invited veryone to attend t Sherman Gardens on August 19 from '5:30 AW.1JST 6, 2009.1100 -20091 Plannn(Se ment Dir r po reportecKhat the Planning Commission selected new bert Haw (Chair), Earl McDaniel (Vice- Chair), and Charles U tary). He a reported t hat they received a presentation from John Ma t housing cy City Man?&er Blu reported that there will be an 8% loss to public agencies for loaning m ey to State and noted that staffinitially recommended using the Unapprop ted General Fund Operating Revenues account with hopes of getting the money bac in three years with interest. 'He stated that a new program is being plemen by California Communities, the League of California Cities, and the CWornidState Association of Counties to provide a security program for Pro IA loans to the State. The program is intended to replace 100% of the fundsinned to the State by local agencies through the sale of bonds. The proceeds will go back to the local governments by the end of November and, in return, California Communities will have the authority to collect the local governments' future receivables from the State. He stated that they should know more details by September 28 and recommended that Council delay action for 30 to 45 days to allow time for details of the program to be worked out. Mayor Pro Tem Curry indicated that he had the opportunity to review the proposal and stated that he is not ready to fully endorse it yet. He stated that he is more concerned with the return of principal than the return on principal. He expressed support for transferring .the repayment risk from the State to.bond holders and looks Volume 69 - Page 245 City of Newport Beach City Council Minutes August 11, 2009 forward to reviewing the report when facts are clearer Council Member Henn agreed with Mayor Pro Tem Curry and expressed support for finding a reasonably economical method for the City to get the money back as soon as possible and not depend on the State. 25. CIVIC _CENTER UPDATE - SIZE/ SCOPE /aQ-UARE.FOOTAGES. [100 -2009] Assistant City Manager Kiff utilized a PowerPoint presentation that highlighted the significant changes, floor plans, and layouts. He s d that there will be a public design meeting on Wednesday, September 30, 6:00 p.m., at a location to be determined. He discussed the library addit ' , City office building, Emergency Operations Center (EOC), Council Chambers, munity room, and parking structure. In response to Council Member Henn' that the current proposal shows a 9 - square foot building in the conce p withstand a major disaster an ollow' that the size of the propose OC Council Member Henn expresse r elements added between the time e believed that this is the last oppor Assistant City Man noted ad indicated that once t . refined estimates. He reported at t the second meeting of N ember . the excavation costs by $5 ilhon their p and noted t t it red he ng and air diti cestions, Nthea y Manager Kiff stated 0 square foompared to the 98,000 la . He rephe EOC will have to i researcCs by staff concluded accommot of people needed. n about the s and the nu mber of design competition and the concept phase. He ty to have a real impact on the elements. nal opportunities for cost reduction and t will be an opportunity to review cost Lie p scheduled to come before Council at state at the City is working on reducing n tractors pick up the dirt and take it to proposed r ed floor system is cost effective since ph and ted that staff 'll explore b ' of th EOC. costs. He noted that the project is naturally federal grant opportunities to assist with the a all re bout the protection of the MacArthur Boulevard view p a d h that reai a esires are not cut short. Barry exp ed concern that the City is changing what was promised to the residents elimin g the trellis, tot lot, restrooms, and green roof structure. He believed th there is o need to expand the library and the other portion of the park at this time. suggested that Council look at the project and live up to the promises made to th sidents. ony alentino expressed concern about the cost of the EOC, the number of ce rooms, and the size of offices. Assistant City Manager Kiff suggested that residents attend the public meeting on September 30 to get their questions answered, see the latest lighting study, and observe the moving simulation. In response to Mayor Pro Tem Curry's questions, Assistant City Manager Kiff discussed why the trellis may be removed and explained why the EOC is being placed underground. Volume 59 - Page 246. City of Newport Beach City Council Minutes August 11, 2009 26. NEWPORT BEACH CIVIC CENTER PROJECT - APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL DESIGN SERVICES - SCHEMATIC DESIGN AND DESIGN DEVELOPMENT FOR EMERGENCY OPERATIONS CENTER (EOC) (C-4136).138/100-20091 City Manager Bludau stated that this is an amendment to the professional services agreement for the design of the EOC. Motion by council Member Rosansk sec e b Council Member Webb to approve the use of Unappropriated General d Operation Reserves to mitigate the loss of property tax revenues for the 2009 -1 1 ear due to the adoption of the State Budget and the suspension of Propositio The motion carried by the following call vote: Ayes: Mayor Pro Tem C ouncil ember Webb, May elich, Council Member Rosansky, Council M r n Absent: Council Member Gardne , until Member Daigle 27. RECONSIDERATIOJN OF GE PLAN AMENDMENT INITIATION (GI2009 -001) NE BEACH C TRY CLUB (PA2005 -140 AND PA2008- 152). (100 -2009, Senior Planner Ung re rte d tha cil viously initiated a General Plan Amendment, but staff is ecom g Council rescind the amendment. She explain there are t eting Newp Beach Country Club applications and the t ent 'es could no lve their differences. She stated that both parties we sent a I ter informing em that if an agreement was not reached, Council will rest the C - initiated Gen 1 Plan Amendment. r Se sta until Member Rosansky met with both applicants to try neg to an agre nt, but was not successful. He indicated that the appli can mit their applications individually. Council Member Rosans ed t ample time was given to allow them to work out their differences. motto b Go netA Me er ebb sec n ed b Council ember nn to rescind the ity- initiated General Pian amendment by adopting Resolution o.2009- carried by the following roll call vote: Ayes:TCouncil Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb Absent: Council Member Gardner, Council Member Daigle XIX MOTION FOR RECONSIDERATION -None XK ADJOURNMENT - 8:53 p.m. The agenda for the Regular Meeting was posted on August S, 2009, at 3:46 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on August 7, 2009, at 4:00 p.m on the City Hall Bulletin Board located outside of the City of Volume 69 - Page 247 City of Newport Beach City Council Minutes August 11, 2009 Newport Beach Administration Building. Volume 59 - Page 248 CITY OF NEWPORT BEACH City Council Minutes Special Meeting August 18, 2009 — 3:30 p.m. I. II. III. IV. V. IN SESSION - 3:30 p.m ROLL CALL Present: Council Member Rosansky, Mayor Pro Tem Gardner, Council Member Daigle Excused: Council Member Henn, Council Member We CLOSED SESS_.ION -Mayor Selich recessed t ee A. Public. Emnlovep Pnrfnrmnncp F.vnlnntinn The City Council will meet in evaluation of performance, disci Title: City Manager Mayor Selich reconvened the meeting present. 1. Mayor Selich wholeheartedly and has directic Pro Tem - None session to ci dismissal of 3:43 Mayor SeljclWouncil Member at 3:32 p.m the appointment, employment, lic employee. members of the City Council AND APPROVAL OF EMPLOYMENT Council has selected Assistant City Manager Dave Kiff as the thT nationwide recruitment process and stated that Council Mr. Kiff. He believed Mr. Kiff will lead the City into the future and energy. reported that Mr. Kiff had to articulate his vision for the City during He commended the recruitment process and how Mr. Kiff handled Council MAber R.osansky expressed his appreciation to Mr. Kiff for all the effort he has put into the City over the years, and believed that this selection was a natural one and that Mr. Kiffs transition into the City Manager position will be an easy one for him. Council Member Daigle congratulated Mr. Kiff on his appointment, stated that working with Mr. Kiff has been positive and productive, and indicated that she looks forward to having him serve in this capacity. She also expressed appreciation to the City Manager Ad Volume 59 - Page 249 City of Newport Beach City Council Special Minutes August 18, 2009 Hoc Recruitment Committee Council Member Gardner pointed out that the City has water quality programs because of Mr. Kifl's efforts and believed that his leadership has been extraordinary. Motion, by Mavor_Pro..Tgn Curry seconded by Council Member Rosansky to a) appoint Dave Kiff as the new City Manager; b) approve the City anger Employment Agreement; and c) adopt Resolution No. 2009 -61, confirming the Ci Council's action. The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tem Cur Selich, Council Member Gardner, Council Member Daigle Absent: Council Member Henn, Council Member ?e, Dave Kiff, new City Manager, discussed his histo it the City and em d that 2009 is a different time economically. He stated th onored to lead this o nation and that the organization is strong because of unci nd City Manager Bludau, but to stay strong, the City must continuously impro ven ' to times. City Manager Bludau stated that Council de ed a good recruitment process and that Mr. Kiff earned the position. He indicated that as no doubt that Mr- Kiff will be an outstanding City Manager. — VI. PUBLIC COMMENTS - None VII. ADJOURNMENT - 3:56 p.m The agenda for the Special Meeting was os on August 19, 2009, at 2:00 p.m. on the City Hall Bulletin Board to ed outside a City of Newport Beach Administration Building. City. Clerk Recording Secretary Mayor Volume 59 - Page 250