Loading...
HomeMy WebLinkAbout04/22/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 22, 2008 — 7:00 p.nL I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:10 p.m. III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner VI. CLOSED SESSION REPORT City Attorney Clauson reported that Council approved a settlement agreement with The Newport Beach Brewing Company. VII. PLEDGE OF ALLEGIANCE -Council Member Curry VIII. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah FRq Presentation by the American Cancer Society of Visionary Award -Relay for Life Event Committee Pamela Curry, Jennifer Gifford, and Krisztina Scheef, Chairperson of Relay for Life, presented Council with the Visionary Award and invited Council to attend a special celebration for cancer survivors on September 17, 2008. Spirit Run Proclamation - Mayor Selich read the proclamation and presented it to the race organizers and its youth supporters. x NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR Council Member Gardner announced that the Corona del Mar Residents Association will conduct their annual meeting on April 23, 2008, a parking meeting on April 30, 2008 in the Friends Room at the Central Library, and a second Banning Ranch workshop on May 1, 2008 in the Council Chambers at 7:00 p.m. Council Member Curry thanked the General Services Department for repairing the water damage, leakage and potholes on San Joaquin Hills Road on April 9, 2008. He also reported that he and 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 attending the DARE graduation at Newport Elementary School. He also congratulated the Police Department for taking 1st place for the fourth year in a row in the Baker to Vegas 120 -mile Challenge Cup Relay. Council Member Rosansky announced that the Newport Beach Film Festival kick -off is Thursday. Mayor Pro Tem Daigle announced that she and the other Council Members participated in the Children's Reading Week at Mariners Library. She also announced that April 22, 2008 is Earth Day and the City celebrated with a visit from Governor Arnold Schwarzenegger. Mayor Selich announced that the annual Balboa Island Town Hall meeting will be held on Saturday, May 3, 2008 and thanked Pacific Life Foundation for donating $25,000 towards the Back Bay Science Center at Shellmaker Island. He indicated that he addressed the National Conference on Building Commission this week. XII. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF APRIL 11, 2008. 2. READING OF ORDINANCES AND RESOLUTIONS. B. RESOLUTIONS FOR ADOPTION 3. ESTABLISHMENT AND APPOINTMENT OF BANNING RANCH DEVELOPMENT AGREEMENT COMMITTEE. [100 -20081 a) Adopt Resolution No. 2008 -29 establishing the Banning Ranch Development Agreement Committee; and b) confirm the Mayor's appointment of Mayor Selich and Council Member Rosansky. 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO UNIVERSAL BOBCAT & HAULING, INC. [421100 -20081 a) Adopt Resolution of Intention No. 2008 -30 setting the public hearing for May 13, 2008 to consider the award of a Non - exclusive Solid Waste Franchise to Universal Bobcat & Hauling, Inc.; and b) introduce Ordinance No. 2008 -11 granting a Non - Exclusive Solid Waste Franchise to Universal Bobcat & Hauling, Inc. and pass to second reading on May 13, 2008. E. CONTRACTS AND AGREEMENTS 7. AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN FOR THE DELIVERY OF NATURAL GAS (C- 2498). 1381100 -20081 Approve 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 -20081 a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one (1) year after Council acceptance. 9. MARINERS PARK IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3806). (381100 -20081 a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; d) release the Faithful Performance Bond one (1) year after Council acceptance; and e) approve a budget amendment (08BA -061) recognizing contributions in the amount of $12,500 from Newport Mesa Unified School District (NMUSD) and American Youth Soccer Organization (AYSO) per improvements to the school park site and appropriating $12,500 to Account No. 7251- C5100817. 10. 2007 -2008 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF CONTRACT (C- 3960). [381100 -20081 a) Approve the project plans and specifications; b) award the contract (C -3960) to Roy Allan Slurry Seal, Inc. for the total bid price of $286,912 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $28,000 to cover the cost of unforeseen work. 11. PROFESSIONAL SERVICE AGREEMENT WITH MIKE PRLICH & SONS, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS (C- 4041). [381100 -20081 Approve the agreement with Mike Prlich & Sons, Inc. for emergency underground utility repairs on an on -call basis. 12. WESTCLIFF AREA STREET LIGHT REPLACEMENT PROJECT CONTRACT (C -3868) - APPROVAL OF AMENDMENT NO, 2 TO PROFESSIONAL SERVICES AGREEMENT WITH JMD, INC. 138/100 -20081 Approve Amendment No. 2 to the Professional Services Agreement with JMD, Inc. of the City of Industry for additional professional services at a not to exceed price of $7,840 and authorize the Mayor and the City Clerk to execute the Agreement. 18. WEST NEWPORT AND NEWPORT ISLAND PARK PLAYGROUND EQUIPMENT REPLACEMENT - AWARD OF CONTRACT (C- 4005). 1381100 -20081 a) Approve the project plans and specifications; b) award the contract to R.E. Schultz, the lowest responsible bidder, for the total bid price of $77,974 and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $7,800 to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -060) to transfer the amount of $14,000 from Account No. 7015-C3170816.- Cliff Drive Park Handrail Replacement to Account No. 7015 - C4120931 - West Newport Park Playground. Volume 58 - Page 462 City of Newport Beach City Council Minutes April 22, 2008 14. TRAFFIC SIGNAL UPGRADES FY05/06 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3827). [381100 -20081 a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one (1) year after Council acceptance. F. MISCELLANEOUS 15. POLICE FACILITY GENERATOR REPLACEMENT PROJECT. 1100 -20081 Approve a budget amendment (08BA -062) to transfer the total amount of $133,850 from Accounts 7019- CIO02000 ($40,400); 7019- CI820825 ($10,200); 7011 - C1820919 ($45,600); 7019- C1820808 ($37,650) to current Police Facility Generator Account No. 7019- C1820918 to provide necessary funds to complete the Police Facility Generator Project. 16. PURCHASE OF NEW PARAMEDIC VANS FOR THE FIRE DEPARTMENT. [100 -20081 Approve the sole source purchase of a new 2008 Ford E -450 Modulance from Wheeled Coach Industries for $120,254 plus tax from the FY2007 -08 budget; and authorize the City Manager to sign a non - binding letter of intent for the purchase of a second 2008 Ford E -450 Ambulance after July 1, 2008 for $120,254 plus tax, pending approval of the FY 2008 -09 equipment replacement budget. 17. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 80, 2008. [100 -2008] Confirm the Mayor's appointment of Mayor Pro Tem Daigle, Council Member Henn and Mayor Selich (Chair) to serve on the ad -hoc appointments committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2008. 19. APPOINTMENT OF KEVIN KELLY TO ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC). [100 -20081 Confirm Council Member Rosansky's appointment of Kevin Kelly to EQAC. 20. REFORMATTED CIVIL SERVICE RULES. [100 -2008] Approve updated and reformatted Civil Service Rules. 21. REAPPOINTMENTS TO THE MEDIA & COMMUNICATIONS COMMITTEE. [100 -20081 Confirm the Mayor's reappointment of Donald Boortz and Daniel Wampole as citizens representatives to the committee for an additional two -year term. 22. APPOINTMENTS TO TASK FORCE ON GREEN DEVELOPMENT. [100 -2008] a) Confirm the Mayor's appointments of Nancy Gardner from City Council; Michael Toerge, Brion Jeannette and Todd Schooler from the General Plan/LCP Implementation Committee; and Bruce Asper, Arlene Greer and Kevin Kelly from the Environmental Quality Affairs Committee; and b) confirm the Mayor's appointment of Council Member Gardner as Chair. Volume 68 - Page 463 City of Newport Beach City Council Minutes April 22, 2008 S30. CREATION OF A CITY COUNCIL COMMITTEE TO INTERACT WITH CALTRANS REGARDING PACIFIC COAST HIGHWAY (PCH) RELINQUISHMENT ISSUES. (100 -2008] Adopt Resolution No. 2008 -31 establishing the Pacific Coast Highway (PCH) Relinquishment Feasibility Committee and confirm the Mayor's appointment of Council Members Webb (Chair), Rosansky and Henn. S31: PROPOSED MODIFICATIONS TO CITY ATTORNEY'S EMPLOYMENT AGREEMENT (C- 3744). (381100 -2008) Approve a one -year employment agreement with the City Attorney, which includes a 4% salary increase. Motion by Mayor Pro_ Tem Daigle to approve the Consent Calendar, except those items removed (5, 6, 18, & S29); and noting that the effective date for Item S31 is June 1, 2008. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner )(III. ITEMS REMOVED FROM THE CONSENT CALENDAR In response to Council Member Henn's question, Assistant City Manager Wood stated there are no current LEED (Leadership in Energy and Environmental Design) certified people on the Environmental Quality Affairs Committee (EQAC) or on staff, however, some employees will be taking the test. 5. KENNELS IN WEST SANTA ANA HEIGHTS. (100 -2008] Randy Ranck expressed concern about the noise from barking dogs and stated that it negatively affects human health and well- being. May Ranck talked about the history of the kennel ordinance and provided Council with handouts. Police Captain Kaminsky reported that there are eleven kennels in West Santa Ana Heights and the Orange County Resolution that governs the kennels was revised to fit the City's needs. In response to Mayor Pro Tem Daigle's question, Captain Kaminsky stated that the criminal record requirement could be extended to eight years and they can request that a log be maintained to show when the dogs are exercised, which will be open to inspection by the Police Department. He also reported that the new ordinance addresses the concerns of human health and well- being. Motion by Mayor Pro Tem Daigle to re- introduce Ordinance No. 2008 -12 amending Title 7 and Title 20 of the NBMC pertaining to the regulation of kennels with proposed changes of the criminal record requirement to eight years and a requirement that an exercise log be maintained, and pass to second reading on May 13, 2008. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 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 -006; PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2007 -001; AND DEVELOPMENT AGREEMENT AMENDMENT NO. 2007 -001 (C- 2912(A)). [381100 -20081 In response to Council Member Gardner's question, Assistant City Manager Wood clarified that if the existing cooling towers were destroyed during a natural disaster, they could be rebuilt without adding plume abatement and suggested that page 27, Section A3 of the Planned Community Development Criteria be reworded or removed because the cooling towers should include plume abatement in case of a natural disaster. Dennis O'Neil, Hoag representative, believed that the agreement was if the cooling towers lived out their useful life and were replaced, then plume abatement would be installed. City Attorney Clauson stated that there are no advanced requirements for plume abatement, however, at the time of the impact, the mitigation that is available is subject to review by the Planning Director. She agreed that the wording "except for casualty" should be removed. Erik Thurnher, Co -Chair of Friends of Sunset View Parks, thanked Council for the clarification on the cooling towers and expressed concern about the lack of communication from Council Members during the previous meeting. He requested that Council continue the item for thirty days to allow more time for residents to look over the criteria and regulations. Wendy Kaiser suggested that Council consider Option 3 -A and that the City explore green technology options. Maurice Quirk expressed his concern for how Council handled the issue and urged Council to re -look at the plume issue. Dolores Otting expressed concern about how fast Council will be adopting the ordinance and believed that Council Member Curry is handling issues under the table. She stated that residents' questions are not being answered. Motion by Council Member Curry to adopt Ordinance No. 2008 -9 approving Planned Community Development Plan Amendment No. 2007 -001; and adopt Ordinance No. 2008- 10 approving Development Agreement Amendment No. 2007 -001. City Attorney Clauson and Assistant City Manager Wood stated that there are additional changes to the development agreement that were not provided in the original staff report. Substitute motion by Council Member Rosansky to continue the item to May 13, 2008 to allow the public the opportunity to review the changes to the document. Council Member Curry withdrew his motion. Council Member Daigle stated that ,they did listen to resident concerns and issues, and believed that there was a list of corrections to act in their interest. Council Member Webb stated that he met with Hoag and the Association and took into consideration all of the issues that were brought forth. Volume 58 - Page 465 City of Newport Beach City Council Minutes April 22, 2008 Council Member Curry stated that he received a comprehensive amount of information from the Association and was well briefed. He noted that the amendments that were raised by Council Member Rosansky were agreed to by Hoag, which addressed some of the issues. The substitute motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 18. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL PRIORITIES FOR 2008. 1100 -20081 Bill Ficker suggested that the dredging of the Bay be included in the priorities. Dolores Otting suggested that Council make all meetings Brown Act compliant. City Manager Bludau clarified that the cost for producing the City Manager's newsletter includes postage and handling. Motion by Council Member Gardner to receive and file the report. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner S29. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR (SJHTC) TOLL RATE STUDY COMMENTS. 1100 -20081 Council Member Webb reported that on May 8, 2008, the Board will receive and consider a suggested toll increase for the Newport Coast Drive ramp and the Aliso Creek ramp. The fee increase will include a much greater percentage at the Newport Coast Drive Ramp than at any other location along the corrdor. He urged residents to write a letter to the toll agency and/or attend the May 8, 2008, meeting at 9:30 a.m. In response to Council Member Rosansky's question, Council Member Webb stated that tolls are set by having the highest rates on either side of main toll stations to keep people on the corridor. Motion by Council Member Rosansky to authorize the Mayor to send a letter to the Chairman of the SJHTC Board requesting that future toll rates at the Newport Coast Drive ramp increase at the same rate as the rates for the Aliso Creek ramp. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Henn reported that EQAC agreed to broaden their charter and will come back to Council with a recommendation. Mayor Pro Tem Daigle reported that the Citizens Aviation Committee is working on the JWA 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 -20081 City Manager Bludau reported that these are existing bonds that are being refinanced. Finance Officer Matusiewicz reported that the bonds are a part of the Internal Revenue code that allows cities to enter into a partnership to lower the cost of financing and operation. City Manager Bludau reported that the City has acted as the funding conduit for Hoag in the past and the bonds were sold.at no risk to the City's General Fund. In response to Dolores Otting's question, City Manager Bludau stated that the fees are for administrative costs and staff time. Wendy Kaiser expressed support for the bond proposal. Motion by Council Member Curry to adopt Resolution No. 2008 -32 authorizing the sale of not to exceed $630,000,000 of City of Newport Beach Revenue Bonds (Hoag Memorial Hospital Presbyterian) Series 2008; the execution and delivery of one or more Loan Agreements in substantially the form presented; the execution and delivery of one or more Indentures in substantially the form presented; the execution and delivery of one or more Official Statements (including Appendix A) in substantially the form presented; the execution and delivery of one or more Bond Purchase Contracts in substantially the form presented; and direct staff to take the necessary steps to provide for the sale and issuance of the 2008 bonds. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XVI. PUBLIC COMMENTS Maxine Cohen urged Council to adopt an ordinance to require absorbent surfaces for dog runs in a residential setting. Richard Nichols urged Council to re -look at the group homes ordinance. He also stated that Scientific American is asking that the amount of fluoride in drinking water be reduced. Allan Beek, SPON, expressed concern about the lack of contact that residents are allowed with Council Members regarding group recovery homes. Dolores Otting expressed concern about the proposed wine bar at the Newport Coast Vons Pavilion and provided Council with a handout from ABC liquor licensing noting the regulations: Denys Oberman, Concerned Citizens of Newport Beach, expressed concern about the action of the City relative to the notion of speaking to the citizens and indicated that more group homes are Volume 68 - Page 467 City of Newport Beach City Council Minutes April 22, 2008 opening in the City. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT XVIII. 24. PLANNING COMMISSION AGENDA FOR APRIL 17, 2008. 1100 -20081 Planning Director Lepo reported on the following items: Sejour (PA2002 -167) - 3400 Via Lido, Peter Ferrarini Residence (PA2007 -214) - 201 Crystal Avenue, Seashore Village (PA2007 -100) - 5515 River Avenue, Pavilions Wine Tasting (PA2007 -243) - 21181 Newport Coast Drive, Rudy's Pub & Grill (PA2007 -255) - 3110 Newport Boulevard. In response to Council Member Henn's question, City Attorney Clauson stated that they will review the information provided by Dolores Otting relative to Von's Pavilion Wine Tasting. 25. PROPOSED AMENDMENT TO THE CITY S ONE -YEAR ACTION PLAN FOR FISCAL YEAR 2007 -2008. [100 -20081 Economic Development Coordinator Bowden reported that staff is recommending the approval of a budget amendment that will allow the City to replace the commitment of $78,300 of General Fund money with the prior year unallocated CDBG fund money for the sidewalk, curb and gutter replacement project. Motion by Council Member Rosansky to a) approve the Amendment to the City's One- Year Action Plan for fiscal year 2007 -2008; and b) approve a budget amendment (08BA- 059) increasing CDBG revenue estimates in 160 -4890 by $78,300 representing new programming of prior year unallocated CDBG funds as included in the amended FY 2007- 2008 CDBG One -Year Action Plan, appropriating $78,300 to Account No. 7161- C5100020 for the Sidewalk, Curb and Gutter Replacement project for FY07 -08 (C- 3974); and transferring $78,300 from Account No. 7013- C5100020 to the General Fund unappropriated fund balance. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 26. COUNCIL APPROVAL OF CITY SERVICES RECOMMENDED BY ICMA CONSULTANTS FOR MEASUREMENT AND PERFORMANCE BENCHMARKING. (100 -20081 Brooke Myhre, ICMA, provided an update on the benchmarking process. Council Member Curry stated that the Finance Committee has had the opportunity to work with the consultants on the project. Motion by Council Member Curry to approve the recommended services for measurement and performance benchmarking. In response to Council questions, City Manager Bludau stated that it would be difficult to compare the Building Department's re- checks with other cities because it depends on each individual project and certain circumstances. 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 Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Council Member Rosansky 27. SALE OF BONDS FOR ASSESSMENT DISTRICT NO. 92 - AREA GENERALLY BOUNDED BY WEST COAST HIGHWAY, TUSTIN AVENUE, RIVERSIDE AVENUE AND CLIFF DRIVE. [891100 -2008] Finance Officer Matusiewicz reported that residents approved the formation of the district in January 2008 and asked for Council approval for the sale and issuance of the bonds. In response to Council Member Henn's question, Finance Officer Matusiewicz stated that he believed that the bonds are sold, but is unsure of the cost. Motion by Council Member Webb to adopt Resolution No. 2008 -33 authorizing: a) the sale of 1915 Act Assessment bonds not to exceed $1,455,000 for Assessment District 92; b) the execution and delivery of one or more Indentures in substantially the form presented; c) the execution and delivery of one or more Official Statements and Continuing Disclosure Agreement in substantially the form presented; d) the execution and delivery of one or more Bond Purchase Contracts in substantially the form presented; and e) direct staff to take the necessary steps to provide for the sale and issuance of the bonds. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 28. GENERAL DESIGN PARAMETERS FOR CITY HALL, PARK AND PARKING STRUCTURE. [731100 -20081 Mayor Selich stated that the City Hall Design Committee offered a draft of the general design parameters and conducted a meeting on Monday, April 21, 2008. He discussed comments and concerns that were brought up at the meeting. Council Member Henn believed that this has been a rational, steady and progressive process and they are allowing time for input from public. Assistant City Manager Kiff utilized a PowerPoint presentation to show the changes to the general design parameters that were. suggested by the City Hall Design Committee. In response to Council Member Rosansky's question, Council Member Webb stated that he requested that the City Hall location be oriented towards Avocado Avenue because he is concerned about making City Hall highly visible. Council Member Rosansky believed that the discretion of the orientation should be left to 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 parameters may hinder creativity. Anne Balderston expressed her concern about the protection of views and the size of City Hall. Nancy Skinner suggested that Council list design preferences and provide an example of City Hall. Debbie Stevens asked if a copy of the traffic study could be issued prior to the May 13, 2008 meeting. Ron Hendrickson stated that parts of the parameters are lacking information, are confusing, and unnecessary. He also suggested that the architects be provided with a larger map. Denise Woltemath asked that Council change the proposal by removing the view planes and expressed her appreciation for the low- intensity safety lighting. She suggested that there be a requirement to preserve the park, the traffic flow needs to be carefully weighed, and the project should be funded properly. Jay Baker expressed concern about the traffic impact and asked for clarification on the size of City Hall. Jan Vandersloot commended the City Hall Design Committee on their recommendations, suggested where City Hall should be located, and suggested that Exhibit E be retained. Council Member Rosansky believed that Exhibit E should have the wording "Northerly five to six acres" and should include specific amenities and suggested that the designers should decide where they would like to place them. Council Member Henn agreed that less specificity is better and suggested adding a list of the important features and leave the rest up to the designers. Council Member Webb suggested that Exhibit E be omitted and indicated that the view from MacArthur Boulevard should be protected. Council clarified that Assistant City Manager Kiff should verbalize Exhibit E of the General Design Parameters with the most important features. Motion by Council Member Gardner to approve the general design parameters without the recommendation that the City Hall's orientation be towards Avocado, make additional changes as recommended by the City Hall Design Committee, clarify that the northerly 5 -6 acres of the park site is intended to be a "natural" park, and delete Exhibit E from the parameters, however verbally reflect that Exhibit E's park amenities are desirable; and direct the City Hall Design Committee and respondents to the RFQ to follow 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 XDC MOTION FOR RECONSIDERATION - None XX. ADJOURNMENT - 8:54 p.m. The agenda for the Regular Meeting was posted on April 16, 2008, at 3:85 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on April 18, 2008, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. i City Clerk cordi Secretary Mayor Volume 58 - Page 471