HomeMy WebLinkAbout01/13/2009 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 13, 2009 — 7:00 p.m.
I. STUDY SESSION - Cancelled
II. CLOSED SESSION - 5:30 p.m.
* Conference with Legal Counsel - Existing Litigation (Government Code § 64956.9(a)):
o Harvey v. City of Newport Beach, Orange County Superior Court Case No. 07CC5400
o King v. Newport Beach, Orange County Superior Court Case No. 80- 2008 -00116306
* Public Employee Performance Evaluation (Government Code § 54957(b)(1)): Title: City
Manager
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGiILAR MEETING
V. ROLL.CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT
Regarding King v. City of Newport Beach, City Attorney Hunt reported that Council voted
unanimously to authorize the Office of the City Attorney to proceed to defend the case.
VII. PLEDGE OF ALLEGIANCE - Council Member Henn
VHL INV- CATION - Pastor Bradley Stienstra, Newport Harbor Lutheran Church
Ix PRESENTATIONS
Presentation of Check from the Newport Beach Public Library Foundation (NBPLF) -
Library Services Manager Warren reported that the Library accepted a check for $6,731.00 which
is the remainder of a $20,000 grant from the Argyros Foundation.
Orange County Human Relations Commission Annual Report - Ellen Olshansky provided
Council with the 2007 -2008 Annual Report of the Orange County Human Relations and presented
Mayor Selich with a certificate for promoting a safe, inclusive community.
Restaurant Week Announcement - Peggy Fort and Sherry Drewry invited residents to attend
the 3rd Annual Restaurant Week from January 18 - 22 and a gala lunch party on January 15 at the
Back Bay Bistro for $50 per person with proceeds going to 1st Battaliordlst Marine. More information
can be found by calling (949) 675 -0501 or visiting newportbeachdining.com.
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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 REPORT ( NOW
-
DISCUSSION . ITEM:
Council Member Daigle reported on the progress of the Marian Bergeson Aquatic Complex renovation
and stated that Phase 1 is complete, Phase 2 is substantially complete, and Phases 3 and 4 are
underway. She thanked Marian Bergeson for her leadership.
Council Member Gardner asked to have public solicitation hours shortened in the City.
Mayor Pro Tem Curry reported that on January 2, he attended the farewell gathering for the OASIS
Senior Center. He also congratulated the Chamber of Commerce for the 100th Boat Parade.
M. CONSENT CALENDAR
A. READING OF MINUTES/QRDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR
MEETING OF DECEMBER 9, 2008. 1100 -20091 Waive reading of subject
minutes, approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
ordinances and resolutions under consideration, and direct City Clerk to read by title
only.
B. ORDINANCE FOR BMW ODU TION
3. SEA LION TIME LIMITS FOR COMPLIANCE - FIRST WARNING LETTER.
[100 -20091 Introduce Ordinance No. 2009 -1 relating to Sea Lion Compliance,
amending Sections 17.25.020 and 17.50.100 of the Newport Beach Municipal Code
and pass to second reading on January 27, 2009.
C. RESOLUTIONS FOR ADOPTION
5. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR
2009 UNDER THE CITY S CONFLICT OF INTEREST CODE. [661100 -20091
Adopt Resolution No. 2009 -1 adopting the 2009 Designated Employees List.
D. CONTRACTS AND AGREEMENTS
7. LABOR NEGOTIATIONS: NEW 3 -YEAR MEMORANDUM OF
UNDERSTANDING (MOU) WITH THE NEWPORT BEACH FIRE
MANAGEMENT ASSOCIATION (NBFMA) (C- 2946A). 1381100 -20091 Authorize
the Mayor and City Clerk to execute a new 3 -year Memorandum of Understanding
(MOLD with the Newport Beach fire Management Association (NBFMA).
9. PROFESSIONAL SERVICES AGREEMENT - AMENDMENT NO. 2 WITH
LARRY PAUL AND ASSOCIATES TO ASSIST HARBOR RESOURCES WITH
INTER- GOVERNMENTAL COLLABORATION AND PROJECT
DEVELOPMENT/IMPLEMENTATION (C- 8882). [381100 -20091 Approve
Amendment No. 2 of a Professional Services Agreement with Larry Paul and
Associates for $46,000 to provide project support for Harbor Resources.
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10. GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM
REMODEL - COMPLETION AND ACCEPTANCE (C -4029) . 1381100 -20091 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 1 year after Council
acceptance.
11. BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT
WITH GABLE ENGINEERING, INC. FOR PROJECT MANAGEMENT
SERVICES (C- 4135). [381100 -20091 a) Approve a Professional Services Agreement
with Gable Engineering, Inc. to perform project management services for the Big
Canyon Creek Restoration project, and authorize the Mayor and City Clerk to execute
the agreement; b) approve a budget amendment (09BA -036) transferring $97,000
from project' savings in Account 7013- C5100277 (Balboa Island Alley Replacement) to
Account No. 7014- C5100709 for project management services for the Big Canyon
Creek Restoration project; and c) approve a budget amendment (09BA -036)
recognizing $10,000 from a contribution from Orange County Sanitation District and
appropriating $10,000 to Account No. 7251- C51000709 for project management
services.
13. EASTBLUFF DRIVE STREET REHABILITATION (C -8968) - COMPLETION
AND ACCEPTANCE. [381100 -20091 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 1 year after Council acceptance.
14. BALBOA VILLAGE ALLEY REPLACEMENT - AWARD OF CONTRACT (C-
3944). 138/100 -20091 a) Approve the project plans and specifications; b) award the
contract (C -3944) to Golden State Constructors, Inc. for the total bid price of $128,606,
and authorize the Mayor and City Clerk to execute the contract; and c) establish an
amount of $20,000 to cover the cost of unforeseen work.
15. TENNIS COURT FENCE REPLACEMENT - GRANT HOWALD PARK -
COMPLETION AND ACCEPTANCE (C- 4043). [881100 -2009] 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 1 year after Council
acceptance.
16. MARINERS PARK RESTROOM CONSTRUCTION - COMPLETION AND
ACCEPTANCE (C- 3992). [38/100 -20091 a) Accept the completed work; b)
authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to
release the labor and Materials bond 35 days after the Notice of Completion has been
recorded in accordance with applicable portions of the Civil Code; and d) release the
Faithful Performance Bond one year after Council acceptance. Council Member
Webb abstained on this Item
17. PELICAN HILL ROAD NORTH AND NEWPORT COAST DRIVE
SOUTHBOUND RIGHT -TURN IMPROVEMENTS - COMPLETION AND
ACCEPTANCE (C- 8945). [38/100 -2009] a) Accept the completed work; b)
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authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to
release the labor and Materials bond 35 days after the Notice of Completion has been
recorded in accordance with applicable portions of the Civil Code; and d) release the
Faithful Performance Bond one year after Council acceptance.
18. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL
SYSTEM - APPROVAL OF AMENDMENT NO. 4 WITH SCS ENGINEERS -
INTERNATIONAL, LLC, FOR EXTENSION OF SUPPORT SERVICES
RELATIVE TO OPERATION AND MAINTENANCE OF THE COMPLETED
SYSTEM (C- 3651D). [381100 -20091 a) Approve Amendment No. 4 to the
Professional Services Agreement with SCS Engineers - International, LLC in the
amount of $54,000 for extension of support services relative to the operation and
maintenance of the completed landfill gas collection and control system; and b)
approve a budget amendment (09BA -037) transferring $59.400 from the
Environmental Liability Fund to various operating accounts for interim operation and
maintenance of the Newport Terrace Landfill Gas Collection and Control System.
19. 2007 -2008 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM -
COMPLETION AND ACCEPTANCE (C- 3974). [381100 -20091 a) Accept the
completed work; b) authorize the City Clerk to file a Notice of Completion; c)
authorize the City Clerk to release the labor and Materials bond 35 days after the
Notice of Completion has been recorded in accordance with applicable portions of the
Civil Code; and d) release the Faithful Performance Bond one year after Council
acceptance.
E. MISCELLANEOUS
21. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE
FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2008/09.
[100 -20091 Approve a budget amendment (09BA -028) to increase revenue estimates
by $6,731 in Account No. 4090.5893 (Library Foundation/NBPLF) and increase
expenditure estimates by the same amount in Division 4090 (Foundation) - 8012
(Programming) and 8260 (Library Materials) respectively.
22. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE CALIFORNIA
STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES.
[100 -20091 Approve a budget amendment (09BA -033) to increase expenditure
appropriations by $20,000 in division 4060, Literacy, and to increase revenue
estimates for the same amount in Account No. 4010 -4832, California Library Literacy
Services.
23. ACCEPT ASSISTANCE TO FIREFIGHTERS GRANT AWARD FOR RAPID
INTERVENTION CREW (RIC) TRAINING. 1100 -20091 a) Accept Department of
Homeland Security Fire Administration Assistance to Firefighters Grant for $38,021
to conduct Rapid Intervention Crew (RIC) Tactics and Firefighter Survival Training
Program; and b) approve a budget amendment (09BA -034) increasing revenue
estimates by $38,021 in 2320 -48941 and increasing expenditure appropriations in
2320 -9032 by $47,526 which includes $9,505 from the General Fund unappropriated
fund balance for the required 20% matching funds.
26. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES (C -4028) -
HYATT REGENCY ENVIRONMENTAL IMPACT REPORT (EIR). [381100-
20091 Receive and file.
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26. UNDERGROUND UTILITIES DISTRICT NO. 19 - SANTA ANA HEIGHTS
(AREA BOUNDED BY MESA DRIVE, CYPRESS STREET, AND A PORTION
OF ORCHARD DRIVE); AND AMENDING THE DISTRICT BOUNDARY.
[891100 -20091 a) Approve Revised Engineer's Report and Amended Boundary Map,
and set the date of March 10, 2009 for a public hearing; and b) direct staff to mail out
the notice of public hearing and an informal advisory survey of property owners
regarding whether they are in favor of or opposed to Underground Utilities District
No. 19 (UUD -19) and paying for the private service conversions.
Motion by Mayor Pro Tern Curry to approve the Consent Calendar, except for the Items removed
(4, 6, 8, 12, 20, 24, and 26); and noting the abstention on Item 8 by Council Member Rosansky and
the abstention on Item 16 by Council Member Webb.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
)[Hl. ITEMS itEMOVED FROM THE CONSENT CALENDAR
4. VESSEL ANCHORING IN THE PACIFIC OCEAN. [100 -20091
In response to Council questions, Harbor Resources Manager Miller stated that staff
is proposing that boat owners/operators not be allowed to leave their vessel for more
than three hours during the day because the weather can change and their boats can
be washed ashore.
Motion Council Member Gardner to introduce Ordinance No. 2009 -2 amending
Sections 17.01.030, 17.20.020, 17.20.050, 17.25.020, 17.45.020 and 17.45.030 of the Newport
Beach Municipal Code, and pass to second reading on January 27, 2009.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
6. SELECTION OF CLEAR. CHANNEL OUTDOOR AS BUS SHELTER PROVIDER FOR
THE CITY OF NEWPORT BEACH (C- 2839A). [38/100 -20091
Laura Curran noted that there was only one bidder and suggested that Council ask for a
complete analysis of the amount of revenue received for advertisements versus funds used for
maintenance. Income Contract Administrator Tseng stated that Clear Channel was unwilling
to give this information to the City.
Motion by Council Member Henn to direct staff to draft and finalize an agreement with
Clear Channel Outdoor based substantially on the deal points in Exhibit A, and authorize the
Mayor and City Clerk to execute the agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
8. AMEND THE CITY MANAGER'S EMPLOYMENT AGREEMENT TO PROVIDE A
MONTHLY AUTO ALLOWANCE (C-3262A). [381100 -20091
In response to Council Member Daigle's question, Council Member Webb stated that the
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recommendation was discussed by the Mayor and some of the members of the City Attorney
Recruitment Committee.
In response to Laura Curran's question, Council Member Henn stated that there are three
positions that reported directly to Council and they felt it was appropriate to establish the
change in conjunction with the hiring of the new City Attorney. Over time Council will look at
other department director positions and noted that the decision was based upon a careful
analysis of as broad a sample of survey information that they could obtain.
N—otion—by.Council Member Webb to approve the City Council's City Attorney Recruitment
Committee's recommendation to amend the City Manager's employment contract to provide
for a $500 monthly auto allowance.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Selich, Mayor Pro Tem Curry, Council Member Webb,
Council Member Gardner, Council. Member Daigle
Abstain: Council Member Rosansky
12. BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF CONTRACT
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VA
CONSULTING, INC. (C- 3593B) [381100 -20091
In response to Council Member Gardner's question, Assistant City Manager Kiff stated that
the project would take out the existing freshwater pond and make an equivalent habitat
further upstream. The goal is to create a habitat that allows water to flow and assists with
the selenium problem.
Motion by, Council Member Gardner to a) approve Amendment No. 1 to Professional
Services Agreement with VA Consulting, Inc. of Irvine, for design services at a contract price
of $289,925 and authorize the Mayor and City Clerk to execute the agreement; and b) approve
a budget amendment (09BA -035) recognizing contributions in the amount of $60,000 from
County of Orange Coastal Impact Assistance Program (CIAP), $60,000 from The Irvine
Company, and $169,925 from the Irvine Ranch Conservancy and appropriating $289,925 to
Account No. 7251- C5100709 for Big Canyon Creek Restoration Project.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
20. APPOINTMENTS BY THE MAYOR TO THE COUNCIIJCI71ZENS AD HOC
COMMITTEES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS
ADVISORY COMMITTEES. [100 -20091
Mayor Selich reported that the Chair of the Media and Communications Committee will
be Council Member Gardner and he will serve as a member on the committee.
Motion by Mayor Selich to confirm the appointments outlined in the staff report.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
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24. GO LOCAL REPORT (C- 4027). [381100 -20091
Nancy Alston, AIRFARE, stated that she is in favor of the Go Local and pointed out that the
Ontario Airport would like to grow while residents in this area do not want John Wayne
Airport (JWA) to grow. She urged Council to cooperate with the Los Angeles World Airport
(LAWA).
Kristine McKay, Airport Working Group of Orange County (AWG), commended Council for
initiating the Go Local Study. She recommended that Council continue to work with the
communities and participate with regional organizations to explore solutions to relieve air
traffic demands.
Heather Somers commended Council for initiating the Go Local Study and encouraged
Council to contact corridor cities and the Department of Transportation about continuing the
study, find more funding, and work with LAWA.
In response to Council Member Gardner's question, City Manager Bludau agreed that the
City should try to form a partnership with LAWA and reported that he will bring back an
airport strategy to Council.
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITL S
Council Member Henn reported that the use permit hearings for group homes are moving forward.
He stated that the permit for Balboa Horizons was approved with conditions. Regarding Newport
Coast Recovery's permit, it was denied and the hearing officer requested that staff come back at the
next hearing with a resolution and appropriate findings to support the conclusion. He also stated
that there are three more organizations that will have to go through the use permit process, including
a second hearing on Kramer Center. He commended the residents, City staff, and Council for
devoting time to this effort. He stated that Council will consider Sober Living By the Sea's
(SLBTS) settlement agreement at the January 27 Council meeting and invited members of the public
to attend and voice their opinions.
Council Member Gardner invited residents to attend the Corona del Mar parking plan meeting
on Wednesday, January 21 at 6:00 p.m. in the Friends Meeting Room at the Central Library.
Mayor Selich announced that the General Plan/Local Coastal Program Implementation
Committee meeting will be held on Wednesday, January 14 in the Council Chambers.
XV. PUBLIC HEARING
27. AIRPORT BUSINESS AREA INTEGRATED CONCEPTUAL DEVELOPMENT PLAN
(PA2007 -170 AND PA2008 -068) - APPROVING THE AIRPORT BUSINESS AREA
INTEGRATED CONCEPTUAL DEVELOPMENT PLAN THAT WOULD ALLOW FOR
FUTURE RESIDENTIAL AND MDIED -USE DEVELOPMENT ON THE KOLL AND
CONEXANT PROPERTIES WITHIN THE AIRPORT AREA THROUGH FUTURE
REGULATORY PLANS. [100 -20091
City Attorney Hunt stated that he received a letter from the City of Irvine objecting to the
environmental review process utilized by the City. He recommended that Council
continue the item to February 10 to give the City Attorney's office time to review the
objection.
Motion by Council Mennber Daigle to continue this item to the February 10 City
Council meeting.
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The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
XVI. PUBLIC COMMENTS - None
XVII. PLANNING COMMISSION AGENDA AN _ ORAL STATUS REPORT
28. PLANNING COMMISSION AGENDA FOR JANUARY 8, 2009. [100 -20091
Assistant City Manager Wood reported on the following item: Avis - 4200 Campus Drive.
XVIII. CONTINUED BUSINESS - None
XDL CURRENT BUSINESS
29. UNSCHEDULED VACANCY ON THE PARKS, BEACHES AND RECREATION
COMMISSION. [100 -20091
Motion by Council Member. Webb to a) declare a vacancy on the Parks, Beaches and
Recreation Commission due to the resignation of Cris Trapp effective January 6, 2009; b)
confirm the Mayor's appointment of Mayor Pro Tem Curry, Council Member Gardner, and
Council Member Webb to serve on the Ad -Hoc Appointments Committee; and c) direct the
City Clerk to post and publish a Special Vacancy Notice requesting that applications be
submitted by 4:00 p.m. on Thursday, January 29, 2009, and schedule the submission of the
nominations to the Council on February 10, 2009 with the final appointment to be made on
February 24, 2009.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Mayor Pro Tem
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
80. APPOINTMENTS TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY
COMMITTEE (EQAC). 1100 -20091
Mayor Selich stated that Ken Drellishak will continue as the Chairperson. Council Member
Rosansky corrected his appointments so that Kevin Kelly is the at -large appointment
and Merritt Van Sant is the District 2 appointment. Council Member Gardner thanked Laura
Dietz for her service to the committee.
Motion by Council Member Henn to a) confirm the Mayor's appointment of Ken
Drellishak as Chairperson; b) confirm Council Members Rosansky, Selich and Curry's District
and At -Large EQAC appointments; c) confirm Council Member Gardner's appointment of
Nick Roussos to the District 6 position; and d) confirm other appointments of Council
Members to District and At -Large positions.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Seh(h, Council Member Webb, Council Member Gardner, Council Member Daigle
31. ORDINANCE AMENDING SECTION 7.04.060 OF TITLE 7 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO DOGS AT 38TH STREET PARK. [100-
20091
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Recreation and Senior -Services Director Detweiler provided a PowerPoint presentation that
included maps and photos of the park. She discussed the location and received the two
recommendations. She stated that there were 45 warnings given to residents for not
providing a leash for their dog or not cleaning up after them.
Council Member Gardner believed that residents should be held accountable for cleaning up
after their animals or they should be cited.
Mike Gordon agreed that the residents should be responsible and that all the dogs should be
on a leash. He urged Council to enforce the ordinance that is already in place or modify the
park to make it accessible to dogs without interrupting other residents who want to enjoy the
park.
Joel Stone thanked Council, the Park, Beaches and Recreation Commission, and staff for
working on the issue. He urged Council to approve staff s recommendation.
Jim Miller expressed support for staffs recommendation.
Council Member Henn believed that the play area is greatly complemented with the grass and
that an enforcement solution will not work over time. He amended the recommendation to
include grassing over the two parts of the entry off of Balboa Boulevard and, if deemed
feasible by General Services, to grass over the other two areas to provide a balance approach
to the park at a minimal cost.
In response to Council Member Gardner's question, City Manager Bludau stated that staff is
not prepared to provide information regarding artificial turf. In response to Council Member
Webb's question, Recreation and Senior Services Director Detweiler stated that the dog
owners rather have turf instead of woodchips. General Services Director Harmon stated that
the problem with the Park Lane side of the park is that there is no sun and suggested that the
City use Decomposed Granite (DG) in the back side and turf on the front side. He also stated
that using DG or woodchips would result in a decrease of water usage.
Motion by Council Member Henn to a) introduce Ordinance No. 2009 -3 and pass to second
reading on January 27, 2009; and b) approve a budget amendment (09BA -032) appropriating
$1,300 plus such additonal amount as is required to complete the work authorized by this
ordinance from the unappropriated General Fund balance to Account No. 3170 -8080 for
landscape modifications at 38th Street Park in the planter area located at the northwest
entrance of the park along Balboa Boulevard by removing the rose bushes and replacing them
with turf to replace the landscaping located at the northeast entrance of the park (opposite
the northwest entrance) with decomposed granite.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Mayor Pro Tem
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
32. DISCUSSION OF OASIS SENIOR CENTER FUNDING. 1731100 -20091
Administrative Services Director Danner discussed the funding alternatives for
the construction of the new OASIS Senior Center and the timeline. He stated that the bond
market has recently turned around, displayed a PowerPoint presentation with a funding
chart, and indicated that staff is meeting with the financial consultants on Thursday. He
noted that the money that OASIS has raised will come in over a period of time and the
Friends of the OASIS has raised $697,000 and have $900,000 in pledges. Council Member
Rosansky stated that he is satisfied with proceeding with the project. Mayor Pro Tom
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Curry discussed the market and stated that the City is fortunate to have the flexibility
to use its cash reserves to advance the project and keep the construction moving
forward without the use of credit enhancements.
Council Member Henn pointed out that the City will always have projects and funding will
always be needed. He emphasized that the City will need to constantly monitor debt payment
capacity to ensure that it is not exceeded, and understand where funds will be comimg from in
order to manage the process in a consistent and conservative manner.
33. CITY HALL AND PARK MASTER PLAN PROJECT (C4136) - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON
FOR ARCHITECTURAL DESIGN SERVICES. [381731100 -20091
Public Works Director Badum stated that staff is asking for the pre- designed phase work to
include architectural design services. He reported that staff is hoping to have the scope of
work completed by March. He also stated that there will be two public meetings and
workshops, and approval is anticipated to occur in early April.
In response to Council Member Henn's questions, Public Works Director Badum stated that
there will be shared management software between the architect firm and the project
manager, and that their first meeting will be held on Wednesday, January 14. He also
reported that staff is looking for local office space for the architect. Council Member Henn
expressed support for an architectural presentation model to get a visual grasp of what the
building will look like, and asked that staff scrutinize the expenses and minimizing the fees
for expenses associated with the project. In response to Council Member Daigle's question,
Assistant City Manager Kiff stated that during the priority setting session on Saturday,
Council developed a consensus that light and glare will be thoroughly addressed and that
nothing will protrude into the view plane.
In response to Baron Swenson, Public Works Director Badum stated that the City's IT
Division is currently working on video conferencing capabilities with the architect.
Barbara Rawlings presented a letter from Mary Barrett in which she expressed concern about
the height of the new City Hall.
Motion by Council Member Webb to approve a Professional Services Agreement with
Bohlin Cywinski Jackson of San Francisco for architectural design services at a not to exceed
price of $647,675, including an amendment to add an architectural presentation at the
maximum price of $45,132, and authorize the Mayor and City Clerk to execute the agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selicb, Council Member Webb, Council Member Gardner, Council Member Daigle
S84. CITY HALL AND PARK MASTER PLAN PROJECT (C -4187) — APPROVAL OF
PROFESSIONAL SERVICES MASTER AGREEMENT WITH CW DRIVER FOR
PROGRAM MANAGEMENT SERVICES. [381731100 -20091
Public Works Director Badum and Mayor Selich reported that CW Driver is the most
qualified firm for the project and will be a great addition to the new City Hall team.
Motion by Council Member Webb to approve a Professional Services Agreement with CW
Driver, of Irvine, California, for Pre- Design Phase 1 program management services at a
contract price of $233,660 and authorize the Mayor and the City Clerk to execute the
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Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
XX. MOTION FOj; RECONSIDERATION - None
%XI. ADJOURNMENT - Adjourned at 8:52 p.m. in memory of Nick Scandone.
The agenda for the Regular Meeting was posted on January 7, 2009, at 4:15 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 January 9, 2009, at 2:46
p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
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