HomeMy WebLinkAbout04/27/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 27, 2010 -- 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION
A. Conference with Legal Counsel -- Existing Litigation (Government Code §
54956.9(a)): One matter:
Cross -Claim Against Morningside Recovery as the only remaining portion of
the Concerned Citizen's v. City of Newport Beach - U.S. District Court Case No.
SACV 08- 00192 -JVS (RNBx)
B. Conference with Legal Counsel - Anticipated Litigation - Initiation to
Litigation (Government Code Section 54956.9(c)): One matter:
Potential initiation of litigation for violation of the Brown Act relating to the approval
of the Access Agreement between the City of Newport Beach and Newport Banning
Ranch, LLC Regarding Sunset Ridge Park for the Sunset Ridge Project.
C. Public Employee Performance Evaluation, Discipline or Dismissal
(Government Code § 54957(b)(1)):
The City. Council will meet in closed session to consider the, employment, evaluation of
performance, discipline, or dismissal of the following public employee(s).
Titles: City Attorney
D. Conference with Labor Negotiators (Government Code § 54957.6):
Agency Designated Representatives: Bill Avery of Avery & Associates and Terri
Cassidy, Human Resources Director
Employee Organization; Multiple Newport Beach Associations: Police Employees
Association (PEA), Police Management Association (PMA), Fire Management
Association (FMA) and, Association of Newport Beach Ocean Lifeguards (ANBOL)
E. Public Employee Performance Evaluation (Government Code § 54957(b)(1)):
The City Council will meet in closed session to consider the appointment, employment,
evaluation of performance, discipline, or dismissal of one public employee(s).
Titles: City Manager
F. Conference with Legal Counsel - Existing Litigation (Government Code §
54956.9(a)): One matter:
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Banning Ranch Conservancy vs. City of Newport Beach - Orange County Superior
Court Case No. 30- 2010- 00365758- CU- WM -CXC
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Gardner
Excused: Council Member Webb, Council Member Daigle
VI. CLOSED SESSION REPORT
Acting City Attorney Mulvihill reported that Council voted 5 -0 to approve the settlement
agreement with Morningside Recovery.
VIL PLEDGE OF ALLEGIANCE -Mayor Pro Tem Henn
VIII. INVOCATION- Mayor Curry
IX. PRESENTATION
National Donate Life Month Proclamation - Mayor Curry presented the proclamation
to Tom Thompson who thanked Council for the recognition and urged residents to become a
donor.
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 (NON- DISCUSSION ITEM)
Council Member Selich announced that, as a team member of Council Critters, he will be
hosting a "Walking Rendezvous" on Thursday, May 6, at 5:00 p.m. to raise money for Relay for
Life. He discussed the $20 participant fee, prizes, raffle tickets, and food.
Mayor Pro Tem Henn announced that he attended the opening night of the Newport Beach
Film Festival and attended the start of the Newport to Ensenada Race.
Council Member Gardner announced that the Orange County Marathon will be held on Sunday,
May 2. She reminded residents of the street closures and urged spectators to attend.
Mayor Curry announced that he hosted the 63rd Newport to Ensenada Race and encouraged
residents to join next year. He also announced that he attended the annual dinner for the
California Park and Recreation Society (CPRS) and congratulated Recreation and Senior
Services Director Detweiler for receiving the Covenant Leadership Award for District 10. He
commended the library staff for receiving top honors from the California Public Libraries
Association. , Library Services Director Cowell thanked Council for the recognition and staff for
their dedication.
XII. CONSENT CALENDAR
A: READING OF MINUT'ESIORDINANCES AND- KESOLUTIONS
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1. MINUTES OF THE ADJOURNED REGULAR MEETING AND
REGULAR MEETING OF APRIL 13, 2010.[100-20101 Waive reading of
subject minutes, approve as written, and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full
of ail ordinances and resolutions under consideration, and direct City Clerk to
read by title only.
B. ORDINANCES FOR INTRODUCTION
3. AMENDMENT OF NEWPORT BEACH MUNICIPAL CODE SECTION
5.04.330 PERTAINING TO BUSINESS TAX APPEALS. [100 -20101
Introduce Ordinance No. 2010 -7 relating to business tax appeals amending
Section 5.04.330 of the Newport Beach Municipal Code, and pass to second
reading on May 11, 2010.
4. PARKING METER AND PARKING LOT FEE INCREASES. [100 -20101 a)
For parking meters: 1) adopt Resolution No. 2010 -39 amending Resolution No.
2000 -38, to increase the parking meter fees for off - street parking lots by
$0.5011iour; .and 2) introduce Ordinance No. 2010 -8 amending Newport Beach
Municipal Code Section 12.44.040, to increase the parking meter fees for on-
street meters by $0.501hour, and pass a second reading to May 11, 2010; b) for
Balboa. Pier Parking Lot, adopt Resolution No. 2010 -39 amending Resolution
No. 2004 -43, to adjust parking rates to the rates listed above; c) for Corona del
Mar State and City Beach Parking Lot, adopt Resolution No. 2010 -39 amending
Resolution No. 2004 -43, to eliminate weekend and weekday rates, and to adjust
parking rates to the rates listed above; and d) for Memorial Day, Fourth of July
and Labor Day, adopt Resolution No. 2010 -39 amending Resolution No. 2004 -
43, to adopt the flat rates listed above for Memorial Day, Fourth of July and
Labor Day at Balboa Municipal Parking Lot and Corona del Mar State Beach
Parking Lot.
C. CONTRACTS AND AGREEMENTS
5. LANDFILL RATE ADJUSTMENT FOR THE CITY S SOLID WASTE
DISPOSAL AGREEMENTS (C -2807) (C- 3942). [381100 -20101 Approve the
landfill rate adjustments as specified in the two solid waste agreements with
CR &R Inc., the Residential Solid Waste Collection and Recycling in the
Newport Coast Agreement (Coast Agreement), and the Residential Solid Waste
Transfer Services and Material Processing and Recycling Agreement (Transfer
Agreement).
6. APPROVAL OF CONTRACT BETWEEN THE NEWPORT BEACH
POLICE DEPARTMENT AND SPEEDTRACK, INC. (C- 4464). [38/100-
20101 Authorize the Mayor to execute a Licensing Agreement and Order
Document between the Newport Beach Police Department and SpeedTrack,
Inc.
7. ORANGE COUNTY AUTO THEFT TASK FORCE (OCATT)
MEMORANDUM OF AGREEMENT (C- 4525). 1381100 -20101 Renew the
present Memorandum of Agreement with the Orange County Auto Theft Task
Force (OCATT) for an additional eight years.
8. BALBOA BOULEVARD PAVEMENT REHABILITATION -
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COMPLETION AND ACCEPTANCE (C4144). [381100 -20101 a) Accept the
completed work and authorize the City Clerk to file a Notice of Completion; b)
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; c) release the Faithful Performance Bond one year
after Council acceptance.
10. TRAFFIC SIGNAL MODERNIZATION PROJECT PHASES 4 AND 7
CONSTRUCTION (C -4395) - AWARD OF CONTRACT. [38/100 -20101
Continue to the May 11, 2010 meeting. [Amended recommendation]
D. MISCELLANEOUS
11. PLANNING COMMISSION AGENDA FOR APRIL 22, 2010.1100-20101
Receive and file written report.
12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND
APPROPRIATE FUNDS FOR SALARIES AND MAINTENANCE AND
OPERATIONS BUDGET FOR FY 2009/10. [100 -20101 Approve Budget
Amendment No. IOBA -041 to increase revenue estimates by $7,318.00 in
Account No. 4090 -5893 (Library Foundation/NBPLF) and by $2,600.00 in
Account No. 4010 -5901 [expenditures estimates will be increased by the same
amounts in Division 4093 (Designated Gifts) and Division 4060 (Literacy
Services) respectively].
13. 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
30, 2010. [241100 -20101 Confirm the Mayor's appointment of Mayor Pro Tem
Michael Henn, Council Member Edward Selich, and Council Member Nancy
Gardner 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, 2010.
14. UTILIZE URBAN AREA SECURITY INITIATIVE (UASI) FUNDS TO
PURCHASE A MULTI- DISCIPLINE VOLUNTEER MANAGEMENT/
EQUIPMENT MUTUAL AID TRAILER (C4526). [381100 -20101 a) Accept
Urban Area Security Initiative (UASI) grant funds to purchase volunteer
mutual aid trailer and additional equipment for $31,234.52; b) approve Budget
Amendment No. IOBA -040 increasing the revenue estimates by $31,234.52 in
2356 -4866, UASI Grant Equipment, and increasing expenditure appropriations
by $31,234.52 in 2356 -9031, UASI Grant Equipment; and c) approve a sole
source contract with JLG Enterprises with an amount not to exceed $25,000 for
the trailer (additional equipment totaling $6,234.52 will be .purchased
separately).
S25. APPROVAL OF TEN YEAR AGREEMENT WITH ARAKELIAN
ENTERPRISES, INC., DBA ATHENS SERVICES, TO PROVIDE CITY
WIDE STREET SWEEPING SERVICES; AND APPROVE A BUDGET
AMENDMENT TRANSFERRRING $600,000 FROM INTERNAL SERVICE
FUNDS- EQUIPMENT REPLACEMENT TO THE GENERAL FUND (C-
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4502). [381100 -20101 a) Approve the terms and award a five (5) year initial
agreement, with an additional five (5) one -year extensions, with Athens
Services to provide street sweeping services. The provisions included in this
agreement ensure that the scheduled sweeping of residential and commercial
streets is completed in a cost effective and efficient manner. Entering into this
agreement will allow the City to eliminate three positions in the General
Services Department; and b) approve Budget Amendment No. IOBA -044
transferring $60,000 from the Internal Service Fund — Equipment Replacement
Reserve to the General Fund. By contracting out this service, retaining the
reserve fund balance for the future purchase of City street sweeping equipment
is unnecessary.
Motion by-Mayor Pro _Tem Henn seconded by Council Member Rosansky to approve
the Consent Calendar, except for the items removed (9 and 26); and noting the continuance of
Item 10.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn, Mayor
Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
9. MCFADDEN SQUARE - PHASE 2 - COMPLETION AND ACCEPTANCE (C-
4865). [381100 -20101
Bernie Svalstad provided an update on McFadden Square, announced that there are
still spaces available for residents who would like their names engraved, discussed the
damage to the sculpture, and highlighted the maintenance requirements.
Motion by Council Member Gardner, seconded by Council Member Rosanskv
to a) accept the completed work and authorize the City Clerk to file a Notice of
Completion; b) 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; c) release the Faithful Performance Bond one year after
Council acceptance.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn,
Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
S26. SUMMER 2010 SURVEY OF POTENTIAL WATER TAXI PATRONS. [100 -20101
Assistant City Manager Wood clarified that staff is asking for direction from Council
regarding an expenditure of up to $12,500 to aid the Water Taxi Committee in
obtaining professional help for a survey.
Council Member Gardner requested information about traffic and business impacts,
and believed that the interested parties should pay for the survey themselves.
Mayor Pro Tom Henn stated that conducting a survey was discussed by the Economic
Development Committee (EDC), but they did not discuss having the City pay for any
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portion of it.
Mayor Curry stated that, although the Water Taxi Committee report was exceptional,
he believed that the committee should explore an operational system that does not
require subsidy.
Mike McNamara, Water Taxi Committee Member, stated that the committee met with
colleges who will allow students to conduct the survey and stated that the interested
parties asked if the City could provide half of the money to show their support for the
program.
In response to Mayor Pro Tern Henn's question, Mr. McNamara stated that there are
three operators who are willing to submit a proposal without subsidy from the City.
Council Member Rosansky believed that the applicants should be allowed to submit
proposals without receiving a subsidy from the City.
Assistant City Manager Wood believed that, if the water taxi program moves
forward, the process would need more time and docks would need to be improved. City
Manager Kiff stated that staff will bring a work plan to Council prior to the Request
For Proposal (RFP) process.
Motion by._Council Member Rosansky seconded b�Council Member. Gardner
to deny the expenditure of up to $12,500 for the Water Taxi Committee to contract with
a professional marketing person or firm to conduct and coordinate the summer 2010
survey of potential water taxi patrons at an expected cost of approximately $25,000
upon the condition that the Committee is able to match the Council's funds with
contributions from non -City sources of $12,500.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn,
Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tern Henn reported that the Charter Update Committee process is proceeding, noted
that a report will be presented to Council in May, and thanked the members and staff for a
successful effort. He also reported that the Environmental Qualities Affairs Committee (EQAC)
heard presentations from the Banning Ranch Conservancy and from proponents for the
development of Banning Ranch. He stated that the Economic Development Committee (EDC) is
recommending that the wayfmding sign program be included in the Capital. Improvement
Program (CIP) budget because of its importance to the business community.
XV. PUBLIC COMMENTS
Bill McCaffrey expressed opposition to allowing the Orange County Marathon in the City
because of its traffic impacts, stated that there are no alternative routes provided, believed that
the date and time impedes upon the residents' schedules, and urged Council to discourage non-
residents from attending.
XVI. PUBLIC HEARINGS
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15. HOAG MEMORIAL HOSPITAL PRESBYTERIAN - DEVELOPMENT
AGREEMENT ANNUAL COMPLIANCE REVIEW (C-2912).[38/100-20101
Jim Campbell provided the history of the development agreement, discussed the
improvements, stated that additional landscaping will be completed in the summer,
provided an update on the soundwall, discussed compliance of the cogeneration
plant, noted that there is a delay in the window replacement program, and provided an
update on the loading docks.
City Manager Mff reported that Hoag Hospital has agreed to start the window
replacement program and announced that residents will be receiving a letter within the
next 30 days about the program.
Council Member Gardner expressed concern about the amount of paper used for the
report and requested that a summary of highlights be placed on a CD in the future
instead of a binder.
In response to Council Member Rosansky's questions, Sandford Smith, Hoag Hospital
Sr. Vice President of Real Estate, stated that Hoag Hospital has complied with most of
the requirements, with exception of the window program which was recently resolved.
He clarified that the mitigation to the loading dock is related to a building that will not
be built and noted that the project has been deferred until an undetermined date.
Michele Staples stated that she submitted a letter to Council requesting a continuance
of the annual review because Hoag Hospital did not approve the window replacement
program as part of their Master Plan update. She stated that Hoag Hospital will move
forward with the window replacement program and thanked the City and Hoag
Hospital for attempting to mitigate the noise.
Eric Thurner expressed concern about the ability to measure the plumes from
the cogeneration plant and asked that an objective system to measure the plumes be
added to the quarterly report. He also expressed concern that the steam venting from
the top of the plant degrades the views from the park. In response to Council Member
Gardner's question, he stated that he wants to make sure the plume protocol is working
and, if not, find ways to ensure that it does.
Ross - Ribaudo thanked.Hoag Hospital for completing the noise mitigations, reported his
findings when he tested noise decibels from various locations, and believed that
extending the soundwall will help further mitigate the noise.
Balboa Representative provided a handout that included photos and discussed
landscape issues, parking lot lights at night, and alternatives to Hoag Hospital's safety
concerns. He expressed concern about the utilization of the rooftops for storage and the
City's enforcement of prohibiting temporary modular uses for long periods of time.
Denise Schuler thanked Hoag Hospital for attempting to resolve the noise issues and
asked if the soundwall could be extended to further mitigate noise.
Mary Petropoulus provided a handout and expressed concern about the impediment of
private and public views by trees and buildings. She also expressed concern about
construction noise, loading dock usage, and the chain link fence.
Theresa Coluga expressed concern about the obstruction of views.
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Mark Wilser believed that the residents deserve better treatment from Hoag Hospital.
Kelly Hacker expressed concern about the construction on the lower campus, believed
that communication between the residents and Hoag Hospital has broken down, and
thanked Hoag Hospital for the window replacement.
Rene Furchay believed that residents were not notified when the height of the
soundwall was changed, urged Hoag Hospital to plant ivy along the soundwall, and
thanked them for the windows.
In response to Council Member Rosansky's question, Senior Planner Campbell stated
that Hoag Hospital will study the effectiveness of the soundwall and noted that the
improvements are not an option for Hoag Hospital. He stated that staff recommends
that the approval of the agreement be postponed 30 to 45 days.
Council Member Gardner expressed disappointment with the response from Hoag
Hospital to Council Member Rosansky's question. Council Member Selich agreed that
he too was not satisfied with the response and suggested that Council require Hoag to
return to Council with a plan prior to approval.
In response to Council Member Rosansky's question, Senior Planner
Campbell confirmed that Council can approve the items that are in compliance and
bring items of concern back to Council at a later date.
Mayor Pro Tem Henn provided Mr. Smith with an opportunity to respond to Council's
concerns. Mr. Smith assured Council that it is not his intent to be elusive. He stated
that Hoag Hospital will not be able to commit to a time because they are governed by
the Office of Statewide Health Planning and Development (OSHPOD) for hospital
improvements. He stated that the loading dock will require a complete redesign in
which the timeframe cannot be controlled.
In response to Council Member RosanslVs question, Mr. Smith stated that will provide
the sound survey report to the City in a week and then will determine the direction to
take regarding the loading dock. Mayor Pro Tem Henn clarified that the City is asking
for a plan that may be subject to approval by the State agency. Council Member
Rosansky believed that the pattern of not resolving issues is discouraging, stated that
after two years there needs to be a timeframe for when projects will be completed and
asked for a commitment. Mayor Pro Tem Henn expressed his concern about the
response from Mr. Smith and reiterated that Council is asking for a plan with
anticipated timeframes which is subject to Council review and approval as it relates to
the development agreement. Mr. Smith clarified that Hoag Hospital will work with
staff and come up with a plan in the next 60 days. Mayor Pro Tem Henn commended
Hoag Hospital for their efforts in addressing resident concerns.
Motion by Council Member Rosansky, seconded by Mayor Pro Tem Henn to
determine that Hoag Hospital is in good faith compliance with the terms of the
Development Agreement, except for Item 2.b. (West Road Soundwall) which will be
brought back to Council on June 22.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
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Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
I
Without objection, Mayor Curry announced that Items 16, 17 and 18 will be heard
together, but voted on independently.
i
16. CITIZEN PARTICIPATION PLAN FOR 2010 -2014 CONCERNING COMMUNITY
PLANNING AND DEVELOPMENT PROGRAMS THROUGH THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). [100-
20101
Economic Development Coordinator Bowden reported the no comments were received
during the 30 day comment period and recommended that Council approve the plan.
Motion by Council, Member-Gardner, seconded by Mayor Pro Tom Henn to a)
approve the 2010 -2014 Citizen Participation Plan; and b) adopt Resolution No. 2010 -40
authorizing the City Manager to submit the 2010 -2014 Citizen Participation Plan to
HUD.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Gardner
Absent; Council Member Webb, Council Member Daigle
17. COMMUNITY DEVELOPMENT 13LOCK GRANT FISCAL YEAR 2010 -2014
CONSOLIDATED PLAN. [100 -20101 .
Economic Development Coordinator Bowden reported that the Housing and Urban
Development (HUD) requires that. the City update the plan every five years, discussed
the process for the consolidated plan, noted that no comments were received during the
30 -day comment period, and recommended that Council approve the plan.
Motion by Council Member Gardner, seconded by Mayor Pro Tem Henn to a)
approve the 2010 -2014 Consolidated Plan; and b) adopt Resolution No. 2010 -41
authorizing the City Manager to submit the FY 2010 -2014 Consolidated Plan to the
U.S. Department of Housing and Urban Development (HUD).
3
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
18. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FISCAL YEAR 2010-
2011 ONE -YEAR ACTION PLAN (C-4068) (C -4862) (C -4363) (C -4364) (C- 4629) (C-
4630). [381100 -20101
Economic Development- Coordinator Bowden explained the process for the One -Year
Acton Plan, discussed the grants, highlighted the application process, and noted a
typographical error in the report.
In response to Council questions, Economic Development Coordinator Bowden stated
that the goal is to have the funds available at the beginning of the fiscal year: She noted
that staff issued a Request For Qualifications (RFQ) and found that the cost is
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comparable with other cities.
Mayor Pro Tem Henn announced that he was pleased to see the assessment district
included in the plan.
Mayor Curry opened the public hearing for Items 16,17 and 18.
Karen Harrington, Share Our Selves, thanked Council, noted that the organization has
served the community for 40 years, and discussed the care provided by the
organization.
Mayor Curry discussed the importance of these programs for the community.
Hearing no further testimony, Mayor Curry closed the public hearing.
Motion by Council Member Rosansky, seconded by Mayor Pro Tem Henn, a)
approve the 2010 -2011 Action Plan; and b) adopt Resolution No. 2010 -42 authorizing
the City Manager to submit the FY 2010 -2011 application for CDBG funds and One-
Year Action Plan to the U.S. Department of Housing and Urban Development (HUD),
with any modifications to project allocations necessary to conform the allocations to
HUD's final 2010 -2011 CDBG grant allocations and currently unallocated funds in the
City's account with HUD, and authorizing the City Manager to execute the FY 2010-
2011 CDBG Program Grant Agreement an all related documents on behalf of the City.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
XVII. CURRENT BUSINESS
19. CONFIRM APPOINTMENTS TO THE CITIZENS TECHNOLOGY TASK
FORCE. [241100 -20101
City Clerk Brown read the ballot votes for the Citizens Technology Task Force as
follows:
Paul Blank (Gardner, Mayor Curry)
Bruce Brandenburg (Selich, Gardner, Henn, Rosansky)
Timothy Britt (Selich, Gardner, Henn, Rosansky, Mayor Curry)
Ted Cooper (Selich, Henn, Rosansky, Mayor Curry)
Kenneth Cowan (Gardner, Rosansky)
Philip Drachman (Selich, Gardner, Henn, Mayor Curry)
Richard Eastman (Gardner, Rosansky)
Froehlich Franz (Selich, Henn)
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David Lown (Selich, Henn, Mayor Curry)
Ellen Mirotwitz ( Rosansky, Mayor Curry)
Timothy Rief (Gardner)
David Scheeff (Selich, Henn, Rosansky, Mayor Curry)
City Clerk Brown announced that there will be a second ballot vote between Paul
Blank, Kenneth Cowan, Richard Eastman, Froelich Franz, and Ellen Mirowitz. She
read the votes as follows:
Paul Blank (Gardner, Mayor Curry)
Froehlich Franz (Henn, Rosansky, Selich)
City Clerk Brown announced that Bruce Brandenburg, Timothy Britt, Ted Cooper,
Philip Drachman, Froelich Franz, David Lown, and David Scheef are appointed to the
Citizens Technology Task Force.
Without objection, Mayor Curry selected Ted Cooper as the Chair of the Task Force
Motion by Mayor Curry, seconded Council Member Rosansky to a) confirm
the appointments of Bruce Brandenburg, Timothy Britt, Ted Cooper, Philip Drachman,
Froelich Franz, David Lown, and David Scheef to serve on the Citizens Technology
Task Force; and b) confirm the Mayor's appointment of Ted Cooper as the Chairperson
to the Citizens Technology Task Force.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
20. AMENDMENT TO TITLE 19, "SUBDIVISIONS," OF THE NEWPORT BEACH
MUNICIPAL CODE; CODE AMENDMENT NO. CA2005 -004; AND ADOPTION
OF IN -LIEU HOUSING FEE (PA200"62). [100 -20101
Associate Planner Murillo provided a PowerPoint presentation that included the
framework for Chapter 19.54, discussed the alternative to on -site construction, and
provided information about the Affordable Housing Implementation Program.
In response to Mayor Curry s question, City Attorney Mulvihill stated that
requirements will remain the same if a developer builds rental units.
Kathy Head, Keyser Marston, provided an analysis of the in -lieu fee and reported on
how it will be applied if approved by Council.
Brian Starr, Building Industry Association (BIA), believed that the inclusionary
housing mandates are a constraint to the production of housing, expressed concern
about the fees for developers, provided information from other cities that do not utilize
the inclusionary fee, urged Council to mitigate the impact of fees; and requested that
Council not take action until the court makes a decision on a similar ease BIA filed
against San Jose.
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In response to Council questions, Mr. Starr stated that other cities are looking for
planning areas that are feasible for affordable housing and reported that the San Jose
case was filed in March 2010.
Paul Frachbomb stated that he conducted an independent analysis to see if the fee that
Keyer Marston analyzed was fair. He reported that they came up with the same
amount.
Council Member Selich stated that the ordinance was originated by the General Plan
Implementation Committee and believed that the in -lieu fee is comparable to other
cities.
In response to Mayor Pro Tern Henn's question, Assistant City Manager Wood
stated that the Department of Housing and Urban Development has required the City
to conduct the constraint analysis on the inclusionary housing fee and noted that the
Housing Element states that the City will implement the housing program through the
adoption of an ordinance. In response to Mayor Curry's question, Acting City Attorney
Mulvihill stated that, in her opinion, despite the BIA's assertions to the contrary the
City's proposed Ordinance is legal, and that it may take a long time for the San Jose
Case to be finally adjudicated.
Council Member Rosansky believed that the City should move forward with the housing
program.
Motion by Council Member Rosansky seconded by Council Member Selich to
a) introduce Ordinance No. 2010 -9 amending Title 19, "Subdivisions," of the Newport
Beach Municipal Code to incorporate Chapter 19.54 (Inclusionary Housing)
establishing inclusionary housing requirements and an in -lieu housing fee; and b) adopt
Resolution No. 2010.43 setting the amount of the in -lieu housing fee at $18,500 per
market -rate unit and establishing an annual adjustment to the fee.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn,
Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
Without objection, Mayor Curry announced that Items 21, 22 and 23 will be discussed
together, but voted on independently.
21. CIVIC CENTER AND PARK DEVELOPMENT PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC.
FOR BIOLOGICAL, CULTURAL, AND PALEONTOLOGICAL MONITORING
SERVICES (C- 4527). [881781100-20101
Public Works Director Badum provided a PowerPoint presentation that included maps,
photos, floor plans, and site plans. He discussed the difference between the schematic
design and detailed design, and highlighted the next steps.
In response to Council Member Gardner's question, Public Works Director Badum
stated that the project can bephased, noted that excavation will start in the Fall, stated
that a third lane will be added to San Miguel, noted that having an entrance off of
MacArthur Boulevard would be unsafe, discussed the removal of the pedestrian
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April 27. 2010
bridge from the plan, and explained how the construction management at risk contract
works.
City Manager Kiff clarified that the disaster preparedness room is not called an
Emergency Operation Center (EOC) because it would be subject to different building
codes that would make the project more expensive. In response to Mayor Pro Tem
Henn's question, City Manager Kiff explained how the appropriation process for the $17
million will work for the Civic Center project.
Council Member Selich stated that the Building Committee worked diligently with staff
to move the Civic Center project forward.
Motions Council Member Selich seconded. by Council Member _Rosansky to
approve a Professional Services Agreement with LSA Associates, Inc., for biological,
cultural, and paleontological monitoring, and authorize the Mayor and City Clerk to
execute the agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
122. NEWPORT BEACH CIVIC CENTER PROJECT - PROFESSIONAL SERVICES
AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL
DESIGN SERVICES - CONSTRUCTION DOCUMENTS AND SUPPORT (C-
4527). [881781100 -20101
Motion by Council Member Selich. seconded by Council Member Rosansky to
a) approve the 100 %. Design Development phase plans; b) approve a Professional
Services_ Agreement with Bohlin Cywinski Jackson of San Francisco, for the
architectural design services including Construction Document preparation at a not to
exceed price of $4,949,214, and authorize the Mayor and City Clerk to execute the
Agreement; and c) approve Budget Amendment No. BA10 -038 appropriating $949,214
from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project
Account No. 7410 -C 1002009.
The motion carried by the following roll call vote:
Ayes: Council Member- Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
23. NEWPORT BEACH CIVIC CENTER PROJECT - APPROVAL 'OF
PROFESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT
AND CONSTRUCTION MANAGEMENT AT RISK CONTRACT WITH C.W.
DRIVER (C4527). [881781100 -20101
Motion by Council Member Selich seconded by Council Member Rosansky to
a) approve a Professional Services Agreement with C.W. Driver, Irvine, California, for
the project management during Construction Document preparation at a not to exceed
price of $2,305,933, and authorize the Mayor and City Clerk to execute the Agreement;
b) approve the amended Construction Management At Risk contract with C.W. Driver
of Irvine, at a not to exceed price of $14,617,374, and authorize the Mayor and City
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City Council Minutes
April 27, 2010
Clerk to execute the Contract; c) establish a budget of 10% of the Mass Excavation &
Shoring construction cost ($673,000) as the City's contingency for unforeseen costs and
authorize the Public Works Director and City Manager execute change orders upon
concurrence by the City Council Building Committee; and d) approve Budget
Amendment No. BA10 -043 appropriating $17,596,307 from the Major Facilities Master
Plan Fund to Newport Beach Civic Center Project Account No. 7410 - 01002009.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
24. ACCESS AGREEMENT REGARDING SUNSET RIDGE PART{ (C -4503) 1381100-
20101
Mayor Curry asked the audience if they unanimously consent to allowing Steve Ray,
Executive Director of the Banning Ranch Conservancy, to speak on their behalf in
opposition to the access road He explained that Mr. Ray would then be given 15
minutes to speak.
Acting City Attorney Mulvihill clarified that if there is someone in opposition that
wishes to address Council, they are entitled to speak. She further clarified that Council
is - asking if those in opposition would like to allow Mr. Ray to speak on their behalf.
She suggested that Council also ask if anyone in the audience does not want Mr. Ray to
speak on their behalf.
With. unanimous consent. from the audience, Steve Ray, Executive Director of the
Banning Ranch Conservancy, believed that the road does not fit the need of the park,
expressed concern about the intersection on Coast Highway, explained the desires of
the residents, stated that the road will be built at the taxpayers' expense, discussed the
General Plan, believed that the report is not detailed enough, expressed concern about
the native species, and thanked the audience for allowing him the opportunity to speak
on their behalf.
Stan Rosenthal expressed concern about the traffic and park noise, and stated that the
existing parking lot provides an adequate amount of parking.
Council Member Rosansky pointed out that provisions were made with the Banning
Ranch Conservancy to find funding to acquire the area as open space. He stated that
no alternatives were_presented.
Motion by Council Member Rosansky seconded by Council Member Selich to
ratify Counties decision of March 23 to approve the Access Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Member Daigle
XVIU. M T1ON FOR RECO1 SIDERATION - None
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XIX. ADJOURNMENT- 10:08 p.m.
The agenda for the Regular Meeting was posted on April 21, 2010, at 4:30 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 23,
2010, at 1:50 p.xn. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
e
R ordi Secretary
Mayor
, ��L- - b
City Clerk
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