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HomeMy WebLinkAbout01 - Minutes - 2-26-08Agenda Item #1 Mgtch 11, 2UU — CITY OF NEWPORT-BEACH City Council Minutes City Council Study Session 2008 — 3:30 I. ROLL CALL Present: Council Member Henn, Mayor Pro Curry, Council Member Gardner Excused: Council Member Rosansky, Coun jam II. CURRENT BUSINESS 1. CLARIFICATION OF IT ON Regarding Item 8 (Water Rate y), like to receive the results of variou b Council MembersilbJib and Rosan Mayor Selicb, Council Member CONSENT Council Member Henn 'Aated that he would ses of the study as they are completed. the meeting at 8:40 p.m. ding #ems 20 and 21Vnsurance renewals), Council Member Henn requested Items d 31 (New City Hall Facility), Council Member Curry wanted a on wha will be discussed. Item 22 (McFadden Square), Council Member Webb stated that he will m from the Consent Calendar at the regular council meeting for additions 2. ORIGE COUNTY TRANSPORTATION AUTHORITY (OCTA) PRESENTATION REGARDING THE SR-55 ACCESS STUDY. Allan Monsoor, Costa Mesa Mayor Pro Tem, thanked OCTA, Council Member Rosansky and Council Member Webb for their help with a purpose and needs study and for creating public outreach. He stated that he is looking forward to working with the City on other issues such as Banning Ranch and the airport, which are important to both cities. He also stated that he has had an opportunity to meet with some of Council to open a dialog on issues. Glen Campbell, OCTA, utilized a PowerPoint presentation consisting of information Volume 58 — Page 402 City of Newport Beach Study Session February 26, 2008 on the SR -55 which included the existing condition of the freeway, the planned freeway extension (approved in 1985), and the SR -55 access study overview. Tony Petro, LSA and Associates, stated that the SR -55 Access Study Need is intended to incorporate input from staff and residents. He noted that staff meetings were held and they came up with ideas about Newport Boulevard's access, parking, congestion, business access and ease of transition through the communities in the east side of Costa Mesa. They also came up with a Purpose and Need Study to cover the volumes of traffic along the freeway, sir impact in the corridors, community concerns and purposes for reducing it congestion. He reported that there are seven alternatives to the access study as the no buildfbaseline, the current freeway plan, transportation system agement, aide street augmentation, improved conventional highway, vertical enhancement, freeway elevated over Newport Boulevard and cut/co ew a stated that more outreach is needed and community meetings WW a conduc address the needs of those affected. Council Member Curry indi disperses through the Costa Coast Highway. He stated and cooperation is needed. In response to Coi looking into the ve distance and it will In response to Mayor agreeraagbp between ( thatjW of the traffic t comes from the SR -55 njehborhoods and the of alf go down Pacific bF process will require a to f community input on, Mr. Petro stated that they are the issue is that it is a very short the Cit-l' Costa Mesa. stated that the freeway cil M ber Webb afflAed that the City was not a party to the agreement b se t e was a.charter mendment that stated that the City must go to a vote of th eo enter into agreement to build freeways. There were freeway eem for .. 12-55 and 73 that have been rescinded. Mr. oor ted that the concern of Costa Mesa with Alternative 2 of the current freewa Ian i t some of the downtown and residential areas would have to be taken a s. In respo a to Mayor Selich's question, Mr. Petro stated that all of the alternatives will effe the State's right of way in which Caltrnns is a party to and consent would ve to me from them. All of the construction for the alternatives remain short of ppo Beach but the capacity of the flow might impact this City, which is now Council Member Webb emphasized that it is important that people are not encouraged to bypass the downtown area of Costa Mesa because it could cause problems in this City. The negative impact on Coast Highway will come from people not getting off on 17th and 19th streets and staying on the freeway causing traffic problems. He noted that the purpose of the study is to handle all of the needs of the community and improve traffic. In response to Mayor Pro Tem Daigle's question, Mr. Petro stated that the EIR from the freeway agreement is a part of their research, but it will need to be updated. Volume 58 -Page 403 City of Newport Beach Study Session February 26, 2008 Anthony Peca expressed his concern about the removal of the existing plan and agreement by stating that it will also remove the current EIR which protects the community in the area. S. TSUNAMI WARNING SIREN REQUESTS FOR PROPOSAL (RFP). Fire Chief Lewis utilized a PowerPoint presentation that included: issues that will be addressed, the system's purpose, the geographical coverage area, the types of systems and the Request for Proposal (RFP). In response to Council's question, Chief Le required than siren units and some companies systems. He assured Council that both euji proposals. He indicated that he is not clearly and the City currently uses a notify residents of emergencies. He so infor their old systems so their costs ar%49ss. ted that more voice units are Kr a combination of voice and siren systems will be tested prior to the F voice system can be heard very noel and their equipment to d . that some cities retrofit In response to Council Me Xthevation questions, Emerge ervices Coordinator Katie Eing stated that the on area came from a C study for Orange County that was based o and other tsunami information. They decided that the inundatio mile and a half inland to assure the safety of the public if the n imuof 33 feet is reached. In response to Coun que Chief Le stated there is a higher likelihood of having an earthquake n a is and t the siren system is best used for tsunami warnings. Ho ver, th to be elpful in an earthquake or hazmat accide et residents o turn o sir television. He noted that there are d s in place earthquakes and other disasters that emergency P nnel d members the CERT program are trained for. Visitors on the es be instructed what to do by lifeguards and other emergency der el he notificati system goes off. The placement of sirens hasn't been de h restrictions placed by FEMA as far as how high Dolor ttin anked Council for moving forward with the notification system. She sta d that National. Oceanic and Atmospheric Administration (NOAA) requests that co tal communities have two methods of warning people of a tsunami d that's why the sirens were incorporated on the Peninsula. 4. INSU CE RENEWALS. HdW Resources Director Ramsey stated that the budget for insurance ren als was approved by Council and the actual totals are less and there is a savings to the City. She stated that they are still getting information and plan to take the contracts to the Finance Committee once they are reviewed by the Risk Manager and City Attorney's Office to determine if the City has enough coverage. Mark Zahoryin, Brown & Brown, stated that changes were made this year to get prices down and that there are no significant changes in coverages as far as terms or limits. He also gave a brief overview of the company and their marketing process, stating that renewals are usually done by the week of February 11th but the City allows him to lock for further reductions. He spoke briefly about the different kinds of insurance the City is purchasing and utilized a PowerPoint presentation that Volume 58 - Page 404 City of Newport Beach Study Session February 26, 2008 showed the names of the insurance companies, their premium amount and the tax amounts, if applicable. In response to Council Member Curry, Mr. Zahoryin stated that Brown & Brown monitors the insurance companies to make sure that there are no significant changes by checking their stability and assured Council that they stay on top of their accounts. 5. TRAFFIC SIGNAL COMMUNICATION MASTER PLAN. Public Works Director Badum introduced his stays ve a history of the project and utilized a PowerPoint presentation that show a project timeline, the overview of the program, additional modernization imol vements, benefits, photos, phased project implementation, maps, current sshKuas ld the project cost estimate. In. response to Council Men Badum stated that the areas Jamboree and the McArthur a He noted that the goal is I direction from Council. He owned by Caltrans and they do own. In response to Couil that Caltrans will hav the City to control the osansky's qa%tion, Public Works Director bases can itched but the airport, rridors are the highest volume areas. st and efficient wo d he is looking for certain signals on Pad ast Highway are )w the City to operate the systems that they lennlUuestion, City Manager Bludau stated they co ue to own the traffic lights but allow Aber Webb vVedAuncil to auire the traffic signals from Caltrans will not allovW City to operate their system because their concern is In \eng ncil Me her Webb's question, Transportation/Development that by the end of Phase 1 staff will be trained to si tion in case of emergency. Additional staff will be add he project as needed, however, in t he meantime current staff will time. The new system will allow staff to dial different syncthe system and programs can be pre- designed for different In resplady a to Council Member Henn's question, Deputy Public Works Director Webb d that the scheduling depends on the opportunity and funds availability. received $500,000 from Measure M funds and they will apply for $500,000 and fair share fees can be used. Council Member Curry stated that traffic is the leading, concern for the community. He believed that the schedule is where it needs to be and the City has the ability to work with Caltrans so all areas can improve. In response to Council's question, Public Works Director Badum stated that staff is not anticipating having problems, but with any new system it will have to be fine tuned and optimized. He indicated that performance criteria is built into the construction projects, but the software process could be a little more difficult because the software, installation and controllers are from seperate vendors. He said he will look into building a performance criteria into the software process. A consultant can Volume 58 - Page 405 City of Newport Beach Study Session February 26, 2008 be brought on board to conduct a peer review and he is not sure of the cost. He assured Council that changing the equipment to the same type will allow a consistent communication between the signals, in which some areas will experience an increase in efficiency in traffic and connectivity issues will cease. Council Member Rosansky asked to have a report from Public Works Director Badum on the likelihood of Caltrans relinquishing the traffic signals on Pacific Coast Highway. He also suggested that there be a Council level committee set up to look at the relinquishment of the traffic lights on Pa ' c Coast Highway. City Manager Bludau clarified with Council tha peer review will be done quickly and asked if they should remove the item fro a Regular Council meeting agenda. Staff urged Council to approve the can an nested that it be seperate from the peer review because it was a len process stated that the contractor has state of the art equipment and are cenfiden th the company that was chosen. They noted that there " gr commitment this project that needs to be filled by the end of this ear. Council decided to discuss ther at the Regular Cc meeting. Dolores Otting agreed that it will a better system to control traffic and believed that the City is se false hope a residents. There is a need for education about how fast resi eet throue c_ III. PUBLIC COMMENTS - IV. ADJOURNME- 6:11 p.m. The agendoffir the Itudy Session V& posted on February 20, 2008, at 2:15 p.m. on the City Hall B orated outside IV the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 58 - Page 406 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 26, 2008 — 7:00 p.m. I. STUDY SESSION - 3:30 p.m II. CLOSED SESSION - 6:15 p.m. III. RECESS IV. RECONVENED AT 7:00 P.M. 1 V. ROLL CALL Present: Council Member Henn,: Council Member , Mayor Pro Tem Daigle, Mayor Selicb, Council Member Webb, Council Member C until Member Gardner Vi. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Counci e n VIII. INVOCATION -Reverend Robert Jord Ross, po iversalist Society UL PRESENTATION Presentation to the o nd City Co cil of the Mayors Cup by AYSO - Jeff Braun of AYSO presented the yor a City Council h the Mayors Cup. x NOTICE TO TH B C XI. CITY COUNCIL NCEME MATTERS WHICH COUNCIL MEMBERS WOULD L C A FUTU E AGENDA FOR DISCUSSION. ACTION OR REP OR SS M : In once to Council mber G er's questions relative to Lido Village, Council Member Henn orted that the prope has changed hands many times and the new owners are pursuing a elopment plan He dicated that, even though he has encouraged them to do a better job of m the propert ' the interim, he will be talking with them again this week. Council ber C commended the General Services and Public Works Departments for repairing th hole uickly. Council Member ebb announced that the new baseball facilities at Mariners Park will be dedicated on M 1 at 11:00 a.m. Mayor Selich announced that he hosted a group of business people from Chile on Monday morning who were guests of the Rotary Club. He also announced that, on Monday night, he attended a Focus Annual Dinner and presented letters of commendation to Dennis and Margo Brask and Five Crowns Restaurant. Volume 58 - Page 407 City of Newport Beach City Council Minutes February 26,2008 XII. CONSENT CALENDAR A . READING OF MINUTESAMMANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF FEBRUARY 12, 2008. 1100 -20081 Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS aive reading in full of all ordinances and resolutions under consideration, direct City Clerk to read by title only. B. ORDTNANCEFOR ADOPTION S. LIBERTY BAPTIST CHURCH SCH ANSI PA2006-0791 - GENERAL PLAN AMENDMENT NO 006 -004 - PLAN OMMUNITY DEVELOPMENT PLAN AMEND 2006 -008 - NT TO USE PERMIT NO: 1726. [100 2 J t Ordinance No. 200 an Planned Community Developme n endment No. 2006 -003. C. RESOLUTIONS FOR ADOPTION 4. ADOPT A RESOLUTION FOR Nmf UNDING APPLICATION FROM THE O COURTATION AUTHORITY (OCTA). 1100 -20081 olfor the submittal of project proposals to be consid d o from the Orange County Tra nsportation Authority CTA). 5. CERTIFICATION OF EC MUNICIPAL ELECTION RESULTS. [39/100 -200 Adopt Resol No. 2008 -13 declaring the results of the Special Municip tion held on F ary 5, 20f18. D. CON C AND G +EMENTS 6. P SE ICAT S TO CITY CLERK'S EMPLOYMENT AGR 8/100- 20081. Approve the proposed Employment eeme r the Newport Beach City Clerk. Or MCIWDEN UARE CENTENNIAL LEGACY PROJECT: APPROVAL OF THE FIN ESIGN AND PROGRESS PAYMENT (C- 8990). [38/100- 20081 prove a final design and clay model of the proposed artwork for the M cFadd Square Centennial Legacy Project; and b) authorize payment of the cond tallation Payment of $30,000 to Artist/Sculpture Hank Kaminsky. AN AQUIN HILLS ROAD MEDIAN TREES (C -4008) - AWARD OF CON ACT. 1381100 -20081 a) Approve the project plans and specifications; b) the contract to Belaire -West Landscape, Inc. for the total bid price of 46 80 and authorize the Mayor and City Clerk to execute the contract; and c) e bush an amount of $4,000 to cover the cost of unforeseen work. 11. CASTAWAYS PARK MARINES 711 MONUMENT (C -4003) - AWARD OF CONTRACT AND BUDGET AMENDMENT APPROVAL FOR ANTICIPATED EXPENDITURES. 1381100 -20081 a) Approve the project plans and specifications; b) award the contract to E.C. Construction for the total bid price of $27,421.75, and authorize the Mayor and City Clerk to execute the Volume 58 - Page 408 City of Newport Beach City Council Minutes February 26, 2008 contract; c) establish an amount of $3,078.25 to cover the cost of unforeseen work; d) approve a budget amendment (08BA -047) increasing revenue estimates in Account 0110 -5922 by $98,000 and expenditure estimates in Account 7014 - C8002007 by $98,000 to provide for the commissioned artwork; and e) approve a budget amendment (08BA -047) increasing Account 7014- C8002007, Marine Ill Monument, by $45,500 from General Fund unappropriated fund balance to provide $30,500 for site preparation and $15,000 for installation o the monument and related recognition and donor plaques. 12. TRAFFIC SIGNAL MODERNIZATION -APP VAL OF PURCHASE CONTRACT WITH ECONOLITE CONTROL DUCTS, INC. (C- 3456). (38/100 -2008] Continue to March 25, 2008. 13. UTILITY UNDERGROUND ASSESSM DISTRIC INSPECTION ON CALL SERVICES - APPROV F PROFESSI SERVICES AGREEMENTS WITH HARRIS & OC TES, AND WIL GROUP, INC. (C- 4025). (38189/100 -2008] App a On -Call Professi Services Agreements with Harris & As ate s d Willdan Group, Inc. for on -call underground utility assessment d inspection services and authorize the Mayor and City Clerk to execute the ments. 14. SANTA ANA HEIGHTS FIRE STA TRAINING TOWER (C -3852) - COMPLETION AND CCEFTANCE ORACT. (38/1008008] a) Accept the work; b) a the City Clerk �'Jtea a No tice of Completion; c) authorize the City Clerk re abor and erials bond 35 days after the Notice of Completion has een recd nce with applicable portions of the Civil Code; and d) r ase th sit ormance Bond one year after Council acceptance. 15. OASIS R CENTE OGRAM MANAGEMENT - APPROVAL OF PRO I AL SERVIC AGREEMENT WITH GBB WORKS (C-4026). (38/ 2008 a) Approve a P essional Services Agreement with GKK Works of I e, for p gram manageme services at a not to exceed price of $89,090 and aut ze t t erk to execute the Agreement; and b) approve a budge c men m appropriating $89,090 from the General Fund prop d fund balance to Account 7453- C1002007. I0. SID K . B AND GUTTER REPLACEMENT FY 2006 -07 (C -8866) - COMPUTION ACCEPTANCE OF CONTRACT. (381100 -2008] a) Accept le comple work; b) authorize the City Clerk to file a Notice of Complet n; c) authorize the City Clerk to release the Labor and Materials bond 35 days a r the Notice of Completion has been recorded in accordance with applica a portions of the Civil Code; and d) release the Faithful Performance Bond a year after Council acceptance. 17. AVENUE AND DOVER DRIVE 24" WATER MAIN (C -3708) - PLETION AND ACCEPTANCE OF CONTRACT. (381100 -2008] a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor 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. NEW CITY HALL FACILITY (C -4021) - AUTHORIZE A BUDGET Volume 58 - Page 409 City of Newport Beach City Council Minutes February 26, 2008 XIII. AMENDMENT FOR VARIOUS INITIAL SUPPLEMENTAL CONSULTING SERVICES NECESSARY TO SUPPORT FUTURE DESIGN ACTIVITY. (381100 -2008] Approve a budget amendment (08BA -048) appropriating $150,000 from the General Fund unappropriated fund balance to Account 7410 - 01002009 to retain professional consultants for various initial supplemental services necessary to support future design documents for the proposed City H1 facility on Avocado Avenue adjacent to the Central Library. 19. EXCESS WORKERS COMPENSATION (WC) IN RANCE RENEWAL. (100 -2008] Approve the renewal of the excess works compensation coverage for a twelve month policy with a Self - Insured Rete (SIR) of $1 million with statutory coverage limits and $376,123 in premi 20. EXCESS GENERAL LIABILITY PN IABILITY INSURANCE RENEWALS. (100 200 Approve he excess general liability insurance coverage r a one -ye00,330 in premium, $206,594 in premium for p utio bility licy, and a third layer of excess coverage for ,281 21. PROPERTY INSURANCE PRO RENEWAL. [100 -2008] Approve the renewal of the property insurance pro with a total premium of $694,597 for a total insured value of $144,240,970. E. M SCELLANEOUS 24. BUDGET AMENDM - INGITENNIS RESERVE ACCOUNTS. 1100 -2008 Approv bu amendment (08BA -051) in the amount of $114,280, tr rrin ds from various accounts, to enhance the City's recreational programs 25. MARI JOINT USE IBRARY (C -3496) - APPROVAL OF DEED RES ICTI N TO COMP WITH STATE LIBRARY BOARD GRANT R IRE NTS. (38/100 81 a) Approve a Deed Restriction on City owned p y up the s Joint Use Library is located and authorize the Mayo a Deed Restriction; and b) authorize the City Clerk t file th ed Restriction with the County Recorder's Office for recording. ion b or Pi m Dai le to approve the Consent Calendar, except those items removed (8, 9, and 23 d noting the continuance of Item 12 to March 25, 2008, and the correction tem 20. The motion carr d by the following roll call vote: s: Council ember Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor elich, uncil Member Webb, Council Member Curry, Council Member Gardner 8. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RED OAK CONSULTING FOR WATER RATE STUDY (C4023). (381100 -2008] Dolores Otting discussed toilet -to -tap water and believed that the residents have a right to vote on this issue and the rate increase. She also noted that fluoride has been added to the City's water and discussed the hazards of fluoride in the water and the use of reverse osmosis. She pointed out that the ten year financial plan cost of service analysis, and evaluation and design of the proposed rate structures are discussed in the Scope of Work. Volume 58 - Page 410 City of Newport Beach City Council Minutes February 26, 2008 She distributed a handout relative to a Supreme Court case (Bighorn- Desert View Water Agency v. Beringson) that highlights the history of Proposition 218. She believed that the study should include what the City is doing to conserve water before implementing a tiered water rate system. City Attorney Clauson reported that the water rate studies will consider Proposition 218 and determine if it applies. Regarding the Bighorn case, she confirAed that it identified situations where there were increases in water rates that were su ' to a protest process. Motion by Council Member Rosanskv to a) approve a pro Tonal services agreement with Red Oak Consulting at a not to exceed price of $88,17 d authorize the Mayor and City Clerk to execute the agreement; and b) approve a b ge endment (08BA -049) in the amount of $88,177 moving funds from the wa nterpri stem reserve to the Utilities' professional and technical services accounta The motion carried by the following roll call Ayes: Council Member Henn, Council I Selich, Council Member Webb, Co 9. CORONA DEL MAR STREET PROFESSIONAL SERVICES AGRE. 4024). 1881100-20081 Dick Nichols. questioned why a area, stated that he has not noti any that pedestrian lights be installed Iris Public Works Director Badum star that the purpose project is to clarified that I e getting a p other sienale Coast Surve $49,196 and Ayes: Council Selich,I the Mayor inky, Mayor Pro Tem Daigle, Mayor Curry, Council Member Gardner iTION - APPROVAL OF COAST SURVEYING, INC. (C- survey is Oft done in the Corona del Mar hwadth s breaking up, and requested i Jasmine /Coast Highway. he can meet with Mr. Nichols, but explained abilitate the streets. Council Member Gardner a- operated signal that is synchronized with the pprove a Professional Services Agreement with tional survey work at a not to exceed price of Clerk to execute the agreement. roll call vote: w Help, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Member Webb, Council Member Curry, Council Member Gardner CENTENNIAL LEGACY PROJECT. APPROVAL OF . (100 -2008] Cou Mewyer Webb explained the project and historical timeline. He provided a hando recommended changes to the timeline to add the First Balboa Theater Opening 913, Corona del Mar's 100th Anniversary in 2004, and amend 2006 to reflect that Newport Beach celebrated its centennial, not hundredth year. Council Member Rosansky recommended that the creation of the Newport Beach Chamber of Commerce be added to 1907. Motion by Council Member Webb to approve the editorial listing of historical events in Newport Beach for the Historical Timeline Walkway Path to be engraved and installed at McFadden Square, as amended. Volume 58 - Page 411 City of Newport Beach City Council Minutes February 26, 2008 Kim M Kirwan Rockefeller, Chair of the City Arts Commission, introduced himself. Council Member Webb announced that the project is still soliciting contributions and needs $100,000. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, It Selich, Council Member Webb, Council Member Curry, 23. REVISIONS TO COUNCIL POLICY A-6, "OPEN PERTAINS TO THE ORDER OF BUSINESS FOR 2008] ,r/ City Manager Bludau explained the proposed ensued relative to Council announcements. Motion by Council Member Gardner to ag The motion carried by the following roll CoN Ayes: Council Member Henn, Council Member Selich, Council Member Webb, Council M PUBLIC HEARING 26. AWARD OF. NON- EXCLUS] GREEN ENVIRONMENTAL Mayor Selich opened the public hearing. exclusive S&id WastOFranchise to The SOLID to Council D Tem Daigle, Mayor Member Gardner POLICIES' AS IT MEETINGS. 1100- revisions to Council Discussion A -6. Mayor Pro Tem Daigle, Mayor V, Council Member Gardner :CTION FRANCHISE TO LLC. (421100 -2008] Hearing no testimony, he closed the public to adopt Ordinance No. 2008 -7 granting a Non - Environmental Waste and Recycling, LLC. call vote: Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Webb, Council Member Curry, Council Member Gardner Nretation n discus the group homes ordinance, the amount of money spent by Concerned wport Be and the two lawsuits that were filed concurrently against the City and oper rs. She reported that the City requested that the case be moved from l Co nd explained why they feel this is a breach of judgment. She believed that e' urse the money that the citizens spent and ask the League of California Cities for cone n the integral use issue. City Attorney Clauson reported that the City has not been served with the lawsuit and does not know if any of the operators have been served. She clarified that, when the City filed to move the case to Federal Court, the City acknowledged service. She agreed that the City cannot hold up discovery if it has not been served the lawsuit. Ms. Oberman indicated that service has been made to the operators. Dolores Otting took issue that the City does not report.out after Closed Session and expressed Volume 58 - Page 412 City of Newport Beach City Council Minutes February 26, 2008 concern about the appearance of lack of transparency. City Attorney Clauson reported that the Brown Act allows Council to hold Closed Sessions for litigation matters and is not required to report out the strategies or decisions of lawsuits in order to protect attorney /client privilege. She confirmed that she does report out other types of decisions if required by the Brown Act. XVI. ORAL REP RTS. FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner reported that the Newport Bay Watershed Exe ive Committee meets quarterly and is addressing Upper Bay dredging. She indicated that f are allocated but never make it to the final budget and, if the City pulls out of the dredging. jest, it could coat millions to start up again. She discussed talks with an Army Corp of ' eers representative and believed that Assistant City Manager Kiff should provide a fun ' in case the project does not receive Federal funds. XVII. XVIII. Council Member Curry reported that the 111 Memori ommittee met ye ay and is still raising funds but will be closing that process soon in der get names on t emorial. He announced that the dedication will be on Memorial D ae AF AA ff Council Member Curry reported that the Fin mittee will be discussing fees at its Wednesday meeting. Council Member Henn reported that the Ad Hoc Comma or Group Homes has been diligent in pursuing its responsibilities. He state hat they meet at 1 weekly with City staff and outside legal counsel, and that the new o a effective Fdbl%uy 21. He added that the City is working hard to be in a position to pro a violators en necessary. He noted that the City's website has the application for �oup home an the RFP for hearing officers to hear the use permit proceedings: He sta that ity w d additional Planning staff and Code Enforcement staff to support this prociss. HOOrreported that the City has not received any use permit applications yet but will'.be fully re move forward with the applications as they are received. Mayor Pro Tem D ' ere d that the ation Committee meets monthly at the Central Library and that y disco ed the "Go Local" am (Item 29) at their meeting. She indicated that she looks for to he al s 1 'ons to the Back Bay watershed. Mayor Selich r rted't a City Council/Citizens Ad Hoe Committee on Marina Park Design will mee il C re on Wednesday, February 27 at 9:00 a.m. and that the General Pla Coastal !L��ORAL entation Committee will meet at 3:00 p.m. on Wednesday. P ING C I STATUS RE kL PLANNING C SION AGENDA FOR FEBRUARY 21, 2008. (100 -2008] Lepo reported on the following items: Aerie Condominiums Project (201 i Avenue and 101 Bayside Place); and Fury Rok & Rol Sushi Lounge ker Way). 28. CITY COUNCIL DIRECTION TO STAFF REGARDING THE ANNEXATION OF THE SANTA ANA COUNTRY CLUB AND SOUTH MESA DRIVE UNINCORPORATED AREAS IN SANTA ANA HEIGHTS. 1211100 -20081 City Manager Bludau provided a staff report and addressed the property tax split and sphere of influence issue. He provided background about the area and discussed Volume 59 - Page 413 City of Newport Beach City Council Minutes February 26, 2008 Possible Council actions. He indicated that, even if Council would like to annex these areas, the Orange County Local Agency Formation Commission ( LAFCO) can still deny the request as long as they make legal findings. Council Member Rosansky discussed previous actions and noted that the residents went to LAFCO with their own application. He believed that the City needs to make a decision and noted that the citizens make credible arguments to bring the as into the City. He discussed a letter Council received from the Mayor of Costa Mesa. Motion by--Council Member Rosansky to direct the Ci anger to take action to negotiate a property tax sharing agreement with the Coun Council Member Curry noted that this is a proced issue th ill allow LAFCO the opportunity to make the final decision on the matte. Paul Watkins believed that, after ten years Ana Country Club and the 1,000 residents i able to present their case to LAFCO. He outlined in a 2006 letter from the City tax sharing agreement. He noted that the application and sphere of influence ch,% to proceed. vhngr out of pocket exp s, the Santa orated South Mesa should be fl that the City uphold its promise as I asked that the City sign the standard will have ample opportunity to oppose asked that the City allow the process Mayor Selich requested a stravqVIW the motion to to the process. With Council Member Webb opposing, the m indicated port for the motion. The motion carried by the follow' roll call Jr Ayes: Council Member Henn, Coun ' ber Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Cou ember Curry, Member Gardner Noes: Council Webb 29. CITY CO CIL A ROVAL OF A INT "GO LOCAL" FUNDING APPLICATION SUBMI H COSTA SA TO THE ORANGE COUNTY TRANSPOR (OCTA) FOR A STUDY RELATED TO THE MOVEMENT AIR PASSE ERS WITHIN ORANGE COUNTY (C- 4027). City Manage udau p ed the staff report and reported that the Board of Supervisors is offering $10 in "Go cal" grant money to each of the 34 Orange County cities. He indicated that has been working with the Costa Mesa City Manager and Peggy Ducey because there y be opportunities to use John Wayne Airport (JWA) as an entrance and exit for the Met link program. NCityor Pro Tom Daigle to a) approve the Cooperative Agreement with OCTA cal program; b) authorize the City Manager and City Attorney to accept s that may be requested by OCTA staff and counsel; c) authorize the Mayor to execute the final agreement; and d) direct staff to schedule a joint City Council meeting with the City of Costa Mesa following the execution of the Cooperative Agreement with OCTA. 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 414 City of Newport Beach City Council Minutes February 26, 2008 S80. S81. CITY COUNCIL'S POSITION ON THE ORANGE COUNTY SANITATION DISTRICT'S PROPOSED RATE INCREASE. [100 -8008] Council Member Webb noted that he requested this item and provided a report. He distributed a chart that fiats the proposed increases over the next ten years. He pointed out that this increase would cost residents roughly $1.93 /month additional and would increase $9.00 at the end of five years. He recommended that thety adopt a position supporting the rate increase. J' Motion by Council Member Webb to take a position to s ort the rate increase and have the Council's representative to the District vote tha aiton at the February 27, 2008 Board meeting. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member san ky, Mayor Ntaigle, Mayor Selich Council Member Webb, Council ber, Counardner Mayor Pro Tem Daigle noted that, as position tomorrow. In response to Dick Nichols' question, Council million capital improvement program plan that COUNCIL BUILDING COUNCIL REGARDING CITY HALL DESIGN PR Mayor Selich provided the staff rep1 the three recomme Lions, noting t to appoint Larry#966tir as the Chai conducted. d' d that there event note gh a cations are re Council Me`W the area as a receive public the District, she will vote the City's Webb noted that there is a $2.5 how the money will be spent. )ATIONS TO THE CITY A NEW CITY HALL AND A ehalf of the Building Committee and reviewed vision to the 12 step process and that he intends the committee when committee appointments are ome flexibility on the application deadline in the mmended the Building Committee for looking at for reaching out to the community to get a good that the changes made to the original draft were done to Council Membevosansky noted that the duty of the committee ends when a contract is awarded to an hitect; however, envisioned that the committee or another committee Could work witi the architect in order to provide insight into the design. He encouraged to s§ply to be on the committee. do ouncil Member Rosansk to a) approve the Council Building Committee's recomme tion to place the new city hall on the City-owned site adjacent to the Central Library; ) approve the Council Building Committee's recommended city hall design process as amended; and c) adopt Resolution No. 2008 -14 establishing the City Hall Design Committee. Council Member Webb expressed concern about restricting the project to large commercial architects because it might eliminate some good architects. Council Member Curry commended the Building Committee and indicated that he is Volume 58 - Page 415 City of Newport Beach City Council Minutes February 26, 2005 k4► m committed to following the direction of the voters and their specific parameters. Dolores Otting agreed with Council Member Curry's comments, emphasized the parameter that traffic would improve around the project site, and requested clarification about what will happen to the current City Hall site. In response to Ms. Otting's questions, Mayor Selich indicated be addressed during City Council meetings and the Council B part of the City Hall Design Committee. Council suggested that the Council Building ( amended so its focus is not just the new City Hall Karen Tringah reviewed Measure B campaign Council and the Building Committee accountal Dick Nichols discussed how to have a park The motion carried by the following roll .dyes: Council Member Henn, Council Meml Selich, Council Member Webb, Council ADJOURNMENT - 9:00 p.m. and stated ement the y design issues will Committee is not a and guidelines be ways to improve will hold Mayor Pro Tem Daigle, Mayor ✓, Council Member Gardner The agenda for the Regular Meeting w post on February 20, 2005, at 2:15 p.m. on the City Hall Bulletin Board located outsi o e City of Newport Beach Administration Building. The suppI tal agenda r the Regular Meeting was posted on February 22, 2005; at' . .m. on the y Hall Bulletin Board located outside of the City of Newport Be Ad 'nistration BulUding. City Clerk Recording Secretary Mayor Volume 58 - Page 416