HomeMy WebLinkAbout01 - Minutes - 4-27-10Agenda Item No. 1
May 11, 2010
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
April 27, 2010 — 4:00 p.m
I. ROLL CALL
Present: Council Member Selich, Council Mem osan Mayor Pro Tem Henn, Mayor
Curry, Council Member Gardner s)
Excused: Council Member Webb, Council Meer Daigle
II. CURRENT BUSINESS <°
1. CLARIFICATION OF ITEMS CONSENT CALEND
In response to Council Member Gar is question regarding Item 4 (Parking Meter
and Parking Lot Fee eases), Admini ative Services Director McCraner indicated
that the proposed ra competitive`, ith neighboring cities without having
premium rates on the w ken . her, pre '1am rates were not considered since the
rate increase is significa compare a c t rates. However, they can analyze
utilizing premium rates f her if d e .
In res se Mayor Pro Henn's question regarding Item 5 (Landfill Rate
Adj ent f Solid Waste sposal Agreements), General Services Director Harmon
rep d that a increase is a al to the landfill rate increase.
Re ardi oa Boul and Pavement Rehabilitation), Mayor Pro Tem Henn
wit fps com ive to the quality of the work.
Mayor ry re sted and received clarification from Assistant City Manager Wood
that Item (Inclu ary Housing) can be continued.
Without o ction, Council will be allowing staff to go over the Civic Center items j
(Items 22 d 23) after the discussions about the proposed at -grade parking lot at 608
ast Balbo Boulevard (Item SS3).
2. S R ION OF RESTAURANT USE PERMITS INTO OPERATOR AND
L E PERMITS.
Associate Planner Murillo utilized a PowerPoint presentation to discuss the problems
associated with bars and nightclubs, the criteria that changes a restaurant into a bar or
nightclub, amplified music issues, land use tools that the City utilizes, land use ,
regulations versus operating permits, and the use of live entertainment permits as an
operating permit. He reported on proposed revisions to the live entertainment permit
and its benefits, and also discussed more aggressive options that 1) creates a new
operating permit that also regulates entertainment in any establishment that serves
alcohol; and 2) pursues full revocation of use permits for problem establishments with
continual violations of use permit conditions. He indicated that the amended
regulations would only apply to new establishments; unless an existing establishment
amended its use permit or becomes a nuisance and is called up for review.
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City of Newport Beach
City Council Study Session
April 27, 2010
In response to Council questions, Associate Planner Murillo reported that the City can
also regulate late operating hours and food service. Acting City Attorney Mulvihill
added that the State regulates the sale of alcohol, but the City has local control over the
tone, place, and manner of the use of an establishment and how it impacts
neighborhood compatibility. She pointed out that the City has an Alcoholic Beverage
Operations (ABO) permit that applies to existing and new establishments,
establishments that never applied for the ABO permit, and nuisance establishments.
She reiterated that the proposal is to expand the permito also address entertainment.
Council Member Selich stated that the City is metimes faced with the situation
where good operators sell the establishme � and the permit is automatically
transferred to the new operator since it r s l the land. He indicated that the
options provide the City with a better wa deal wt enforcement issues and possibly
revoke the permit if necessary.,
�yf %N
Council Member Gardner explained 4 how this could make City more generous in
issuing permits than it has beph "in the ast because there now be options. She
noted that the concept wasil, ell- acpted by the Business provement District
members. ;a
Mayor Pro Tem Hen xpressed conce�i, that the regulation would only apply to new
operators. Associate r Murillo clad that the provisions would also apply to
r ...
current establishments a mendmen's& their permits. He added that nuisance
establishments can be ca ed up view at time and that this would then apply
to them.
George der believed h is is a stein the right direction since there are
probles wi some of e establishments. However, he questioned why
est hment need to stay o n so late.
Joe Rei xp upport for a more aggressive option.
o g di ssion, it was consensus of the City Council to begin the process for
imple tatio the more aggressive option.
3. PROPO AT- E PARKING LOT AT 608 EAST BALBOA BOULEVARD.
Assistant ty Manager Wood provided a staff report and explained the difference
between O ion 1 at $265,000 and Option 2 at $132,000. She also discussed the option
build a ved wall and install a Balboa Village identification sign that would allow
a e for mporary advertisement of local events.
,Mayo ro Tem Henn noted that it might be awhile before the need to build a parking
>garage arises, and recommended moving forward with Option 1 since it is a more
attractive option and the revenue from the meters could end up repaying for the cost of
the improvements. He also expressed support for installing the Balboa Village
identification sign.
Noting that the Balboa Village Business Improvement District (BID) is proposing to
repay the City for a portion of the cost of the sign, Council Member Gardner suggested
that they increase their payments if their budget allows. Assistant City Manager Wood
noted that this BID has one of the lowest budgets of all the BIDS. Council Member
Gardner expressed support for Option 1. She noted that the City is trying to save
money, but having a plain parking lot is not the vision for the Village.
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City of Newport Beach
City Council Study Session
April 27, 2010
Council Member Selich also expressed support for Option 1 and pointed out that the
sign will look similar to all the other village signs in the City.
Mayor Curry and Council Member Rosansky also expressed support for Option 1.
Following Council expressing concern about allowing signs to be placed on the
identification sign, Assistant City Manager Wood indicated that she will look into what
standards and provisions will be placed on the use of the identification sign.
W. R. Dildine expressed support for Option 1, but,"4position to allowing signs on the
Balboa Village identification sign. He suggests ' aking the sign the same size as other
village signs. He also requested that morey racks be installed in the area and
more citations be written for blocking th idewalK&,,�, Mayor Pro Tem Henn reported
that the City is working on; park ng gpy rnance plan 'Tt will provide for more bicycle
parking. -lip
Based on the consensus of Co
Option 1 and the Balboa Villa
22. NEWPORT BEACH CIVIC
AGREEMENT WIH OHL
DESIGN SERVICES
23. NEWPORT BEACH Cl'
PROFESSIONAL SER Cl
AND CONSTRUCTION
proceed with a C udget item to include
i sign.
PROJECT - PROFESSIONAL SERVICES
KI JACKSON FOR ARCHITECTURAL
I . OCUMENTS AND SUPPORT.
&OJECT - APPROVAL OF
'OR PROJECT MANAGEMENT
RISK CONTRACT WITH C.W.
Pubic Works irector Badu utilized a PowerPoint presentation to review the Civic
Center plan, xplain the disa r preparedness room, and show the changes to the
Council ha communit room, park, and Central Library. He utilized a
adsh co and timeline. He noted that cost estimates could now
e r de d since the ct is further along in the process. He reported that the
next s is th proval of the construction management at -risk contract with C.W.
Driver ch set aximum cost and provides incentives if the project is completed
under bu t. City nager Kiff discussed meetings with the Finance Committee and
reviewed t timeline, noting that groundbreaking will occur on May 11 and the project
is proposed be completed by Fall 2012.
Nrespoln to Council quest ions, City Manager Kiff noted that the presentation can
ided at tonight's meeting. He stated that the project can be phased but it
ore than the current estimate. Robert Shaffer, CW Driver, indicated that it
on for projects of this size and in the private sector to have floating numbers in
order to take advantage of the market. Regarding the layout of the interior, City
Manager Kiff indicated that it will be flexible in order to accommodate the changing
organization. He noted that many factors are involved with the pricing and keeping
within the 5% General Fund threshold, including the City's bond rating /payment and
what is done with the current City Hall site. He assured Council that they will
continue to work with the Building Committee to reduce costs.
Mayor Pro Tern Henn pointed out that the current estimate is predicated on $105
million, so if the cost exceeds that; it could be an issue relative to the Facilities Finance
Plan (FFP). He agreed that the presentation should be provided at the evening
meeting.
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City of Newport Beach
City Council Study Session
April 27, 2010
Council Member Selich expressed the opinion that the City is handling the project
correctly because it allows for options on what should proceed. He agreed that the cost
will not be known until the bids are submitted. He stated that he is one of the Council
Members on the Building Committee and they will continue value engineering the
costs. He suggested conducting a condensed presentation tonight.
Council Member Gardner emphasized the importance of continuing value engineering.
City Manager Kiff indicated that C.W. Driver has
Cywinski Jackson (BCJ) has been willing to make
W. R. Dildine expressed concern about h
design/build method and questioned whe r the
He noted that there are State report' ' requirem
method worth using and that many c es in the Cou
Karen Tringali requested anc
building a disaster preparednes
still qualifies the City to receive
In response to Mayor ro Tem
programs, Risk Mana rle3
and that the amended n
contract still allows the Lity tc
prog ram. Acting City Att y
Public Works Director Ba c
III. PUBLIC C"MEN718 - None
IV. ADJOURNM9VT -
very conservative and Boblin
the parking structure using the
took an official position on this.
i :
Agenda Item #1
May 11, 2010
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
A____[1 nn nn I nn
I.
II.
STUDY SESSION - 4:00 p.m
CLOSED SESSION
A. Conference with Legal Counsel
54956.9(a)): One matter:
Cross -Claim Against Morningside
the Concerned Citizen's a.;'ty of
SACV 08- 00192-dVS (RNBx)
B. Conference with Legal Counse(
Litigation (Govern t Code Sect
.Potential initiation of iga or vi(
of the Access Agreeme betwee
Ranch, LLC Regarding.S set Rid
00
C. Publi c` ','nlovee Pe n anrw
i
- Anticipated Litigation - Initiation to
54956.9(c)): One matter:
atiog the Brown Act relating to the approval
City o wport Beach and Newport Banning
r th unset Ridge Proiect.
Evaluation, Discipline or Dismissal
( Gorrnment Code § 549 )(1)):
The Co cil will meet in osed session to consider the, employment, evaluation of
perfor c e, or dis sal of the following public employee(s).
City rney
D. Confer ce wi abor Negotiators (Government Code § 54957.6):
4
Agency si nated Dresentatives : Bill Avery of Avery & Associates and Terri
Cassidy, an Resources Director
m to ee Or anization: Multiple Ne ort Beach Associa tions: Police Employees
ociat' (PEA), Police Management Association (PMA),. Fire Management
As n (FMA) and, Association of Newport Beach Ocean Lifeguards (ANBOL)
E. Pubic 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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City of Newport Beach
City Council Minutes
April 27, 2010
Banning Ranch Conservancy us. 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 Rosansk
Curry, Council Member Gardner PW
Excused: Council Member Webb, Council Member Daigl'
VI.
VII.
VIII.
ILL.
X
M.
CLOSED SESSION REPORT
Acting City Attorney Mulvihill reported
agreement with Morningside Recovery.
PLEDGE OF ALLEGIANCE - May'
INVOCATION -Mayor Curry
PRESENTATION
National Donate Life
to Tom Thompson who .t
donor.
Mayor Pro Tem Henn, Mayor
to approve the settlement
;ion ' ayor Curry presented the proclamation
the rec tion and urged residents to become a
C
her ch anno at, as a team member of Council Critters, he will be
osting a " ng ezvous' on ursday, May 6, at 5:00 p.m. to raise money for Relay for
Life. He discus the anticipant fee, prizes, raffle tickets, and food.
Mayor Pro Tem nn arm ced that he attended the opening night of the Newport Beach
Festival and tended the start of the Newport to Ensenada Race.
Coun ember dner announced that the Orange County Marathon will be held on Sunday,
May 2. re ' e d residents of the street closures and urged spectators to attend.
Mayor Cur ounced that he hosted the 63rd Newport to Ensenada Race and encouraged
residents to ,loin 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.
MI. CONSENT CALENDAR
A. READING ORM7IVU?ES/ORI3IlYANCES AND itESOL ITIO S
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City of Newport Beach
City Council Minutes
April 27, 2010
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 all ordinances and resolutions under consideration, and direct City Clerk to
read by title only.
B. ORDINANCES FOR INTRODUCTION
3. AMENDMENT OF NEWPORT BEACMUNICIPAL CODE SECTION
5.04.330 PERTAINING TO $US SS TAX APPEALS. [100 -2010)
Introduce Ordinance No. 2010.7 r to business tax appeals amending
Section 5.04.330 of the Newpor each mcipal Code, and pass to second
reading on May 11, 2010.
4. PARKING METER AND AR NG LOT FEE"`)CREASES. [100 -20101 a)
For parking meters: 1 a opt lution No 20104 mending Resolution No.
2000 -38, to increas " e p mg meter fees for o' set parking lots by
$0.501hour; and 2) int Ordinance No. 2010 -8 am ding Newport Beach
Municipal Code Section 1 .040, to increase the parking meter fees for on-
street meters1 by $0.50/hour, pass a second reading to May 11, 2010; b) for
Balboa Pier. 'ng Lot, adop solution No. 2010 -39 amending Resolution
No. 2004 -43 teiaE arking ra the rates listed above; c) for Corona del
Mar State and 'ity Be Ad g dopt Resolution No. 2010 -39 amending
Resolution No. 2�Qp4.43, to . to we nd and weekday rates, and to adjust
pa . 'ng rates to the rates sted a and d) for Memorial Day, Fourth of July
abor Day, a t solution No. 2010 -39 amending Resolution No. 2004 -
43, adopt the fla ates listed above for Memorial Day, Fourth of July and
Labo Day at Balboa , unicipal Parking Lot and Corona del Mar State Beach
Par g Lot.
C.
5. LL RATE ADJUSTMENT FOR THE CITY'S SOLID WASTE
ISPO AGREEMENTS (C -2807) (C- 3942). [381100 -20101 Approve the
1 dfill ra justments as specified in the two solid waste agreements with
C R Inc., he Residential Solid Waste Collection and Recycling in the
N port Coast Agreement (Coast Agreement), and the Residential Solid Waste
nsfer Services and Material Processing and Recycling Agreement (Transfer
ement).
6. PROVAL OF CONTRACT BETWEEN THE NEWPORT BEACH
POLICE DEPARTMENT AND SPEEDTRACK, INC. (C-4464).[88/100-
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). [381100 -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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City Council Minutes
April 27, 2010
17
COMPLETION AND ACCEPTANCE (C- 4144). [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 O CONTRACT. [381100 -20101
eting.
Continue to the May 11, 2010 me [A -2d'ed recommendation]
1„
MISCELLANEOUS
11. PLANNING COMMISSION A90NDA R APRIL 22, 2010. [100 -20101
Receive and file written report n
12. BUDGET AMENDMENT, O A CEPT A CH�,FROM THE NEWPORT
BEACH PUBLIC IBR FOUNDATN (NBPLF) AND
APPROPRIATE F S F SALARIES AND INTENANCE AND
OPERATIONS BUD FOR FY 2009/10. [100- 01 Approve Budget
Amendment No. 10BA -0 Po increase revenue estimates by $7,318.00 in
Account No 4090 -5893 (Li , y Foundation/NBPLF) and by $2,600.00 in
Account No „ 5901 [expen es estimates will be increased by the same
amounts in vib&m 4093 (Des i ted Gifts) and Division 4060 (Literacy
Services) respecfvely]
13. APPOINTMENT-,, BY 1V A O AD , HOC APPOINTMENTS
ITTEE TO REVIE APPLICATIONS AND MAKE
E MMENDATES TO THE FULL COUNCIL FOR THE BOARD
AND COMMISSI VACANCIES SCHEDULED TO OCCUR ON JUNE
30, 10. [24/100 -201W Confirm the Mayor's appointment of Mayor Pro Tem
c enn, Coun ' Member Edward Selich, and Council Member Nancy
ner the Ad Hoc Appointments Committee to review
app tions and ha recommendations to the full Council for the Board and
n 'on vacancies scheduled to occur on June 30, 2010.
14.
525.
JBAN AREA SECURITY INITIATIVE (UASI) FUNDS TO
CHAS A MULTI - DISCIPLINE VOLUNTEER MANAGEMENT/
IPMENT MUTUAL AID TRAILER (C- 4626). [381100 -20101 a) Accept
n Area Security Initiative (UASI) grant funds to purchase volunteer
al aid trailer and additional equipment for $31,234.52; b) approve Budget
dment No. IOBA -040 increasing the revenue estimates by $31,234.52 in
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).
APPROVAL OF TEN YEAR AGREEMENT WITH ARAKELIAN
ENTERPRISES, INC., DBA ATHENS SERVICES, TO PROVIDE CITY
WIDE STREET SWEEPING SERVICES; AND APPROVE A BUDGET
AMENDMENT TRANSFERRING $600,000 FROM INTERNAL SERVICE
FUNDS — EQUIPMENT REPLACEMENT TO THE GENERAL FUND (C-
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City Council Minutes
April 27, 2010
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 purchasp'=of City street sweeping equipment
is unnecessary.
Motion_—by,.Mayor -Pro Tem Henn, seconded bv&tUuncit Member Rosan -ky to approve
the Consent Calendar, except for the items removed (9 and'26); and noting the continuance of
Item 10. A
The motion carried by the following roll cavote:i
;�
Ayes: Council Member Selich, Co d M "ber Rosansky, Mayor' - Tern Henn, Mayor
Curry, Council Member Gar dne
Absent: Council Member Webb, Council Me' der Daigle
XIII. ITEMS REMOVED FROM CONSEATTX(ENDAR
9. MCFADDEN SQUAR'.E 2 C LETION AND ACCEPTANCE (C-
4365). [38/I00 -20101
Bernie ad provided update on 41401den Square, announced that there are
still s es a ailable for re s' tits who would like their names engraved, discussed the
da a to th sculpture, an'4 'ghlighted the maintenance requirements.
Mot' b until Member ardner seconded b Council Member Rosansk
to a) a eted w k and authorize the City Clerk to file a Notice of
e o autho iy Clerk to release the Labor and Materials Bond 35
days r th otice of Completion has been recorded in accordance with applicable
portion f the Code; c) release the Faithful Performance Bond one year after
Council a ptan
The motio carried by the following roll call vote:
yes: cil Member Selich, Council Member Rosansky, Mayor Pro Tem. Henn,
yor Curry, Council Member Gardner
A t: until Member Webb, Council Member Daigle
S26. SUM&ER 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 $12,500 to aid the Water Taxi Committee in
obtaining professional help for a survey.
Council Member Gardner requested information about traffic and business impacts,
and believed that the interested parties should pay for the survey themselves.
Mayor Pro Tem Henn stated that conducting a survey was discussed by the Economic
Development Committee (EDC), but they did not discuss having the City pay for any
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City of Newport Beach
City Council Minutes
April 27, 2010
portion of it.
Mayor Curry stated that, although the Water Taxi Committee report was exceptional,
he believed that the committee should explore an operational system that does not
require subsidy.
Mike McNamara, Water Taxi Committee Member, stated that the committee met with
colleges who will allow students to conduct the survey and stated that the interested
parties asked if the City could provide half of the money to show their support for the
program.
In response to Mayor Pro Tem Henn's questi Mr. McNamara stated that there are
three operators who are willing to submit a`'propPpal without subsidy from the City.
Council Member Rosansky believed tha$_ the appT%ants should be allowed to submit
proposals without receiving a subsidy tom the City.=`
Assistant City Manager Wood ievedthat, if the w "r taxi program moves
forward, the process would n more,,e and docks would iid to be improved. City
Manager Kiff stated that sta Ping a work plan to Counckprior to the Request
For Proposal (RFP) process.
Motion by. Council ember Rosan seconded by Council Member Gardner
to deny the expenditl to $12,500 he Water Taxi Committee to contract with
a professional marketi p 'l$y,or firm to duct and coordinate the summer 2010
survey of potential wa taxi p s at an ted cost of approximately $25,000
upon the condition that he Coitte; ' ab to match the Council's funds with
oontribu ' = from non -Ci souses of $12,
The otion ried by the f wing roll call vote:
Aye . Con it Member Seli , Council Member Rosansky, Mayor Pro Tem Henn,
y Council mber Gardner
nt: oil Mem ouncil Member Daigle
XIV. ORAL REPO S F CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem repo that the Charter Update Committee process is proceeding, noted
at a report will a presen d to Council in May, and thanked the members and staff for a
s ssful effort. also reported that the Environmental Qualities Affairs Committee (EQAC)
he resentati s from the Banning Ranch Conservancy and from proponents for the
develo nt of B , g Ranch. He stated that the Economic Development Committee (EDC) is
recommen g at the wayfinding sign program be included in the Capital Improvement
Program ( dget 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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City Council Minutes
April 27, 2010
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 Kiff reported that Hoag
replacement program and announced that
next 30 days about the program.
has agreed to start the window
will be receiving a letter within the
Council Member Gardner expressed rn abou a amount of paper used for the
report and requested that a summa of highlights placed on a CD in the future
instead of a binder. y u _
In response to Council Mein Rosag`'l y's questions, Sandl;8 ,Smith, Hoag Hospital
Sr. Vice President of Real Esta d that Hoag Hospital has%imphed with most of
the requirements, with exception e window program which was recently resolved.
He clarified that the Mitigation to th oading dock is related to a building that will not
be built and noted th a proiect has b&n deferred until an undetermined date.
Ross•Riba do thanked.Hoag Hospital for completing the noise mitigations, reported his
findings hen he tested noise decibels from various locations, and believed that
extendin he soundwall will help further mitigate the noise.
B Vapresentative provided a handout that included photos and discussed
assues, parking lot lights at night, and alternatives to Hoag Hospital's safety
mHe 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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April 27, 2010
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 t ivy along the soundwall, and
thanked them for the windows.
In response to Council Member Rosansky's tion, Senior Planner Campbell stated
that Hoag Hospital will study the effectiv ss the soundwall and noted that the
improvements are not an option for He ospita . e stated that staff recommends
that the approval of the agreement be stponed 30 to days.
Council Member Gardner expres3 ed di p pointment wit he response from Hoag
Hospital to Council Member Aanskys'question. Council er Selich agreed that
he too was not satisfied with' e,onse and suggested that ncil require Hoag to
return to Council with a plan prio approval.
In response to ncil Membe Rosansky's question, Senior Planner
Campbell confirmed t cil can app a the items that are in compliance and
bring items of concern b ck to at a la date.
Mayor Pro Tem Henn pr 'ded M mi an opportunity to respond to Council's
cone: ernsh; Smith ass d C cil that i not his intent to be elusive. He stated
that ag H pital will not able to commit to a time because they are governed by
th ffice o Statewide H th Planning and Development (OSHPOD) for hospital
im emen `'. He stated th the loading dock will require a complete redesign in
which t' a cannot be ontrolled.
n onse Council Me Rosansky's question, Mr. Smith stated that will provide
the so Sur report to the City in a week and then will determine the direction to
take re ding t ading dock. Mayor Pro Tem Henn clarified that the City is asking
for a pla that in be subject to approval by the State agency. Council Member
Rosansky lieved t t the pattern of not resolving issues is discouraging, stated that
after two ars there needs to be a timeframe for when projects will be completed and
asked for commitment. Mayor Pro Tem Henn expressed his concern about the
ponse om Mr. Smith and reiterated that Council is asking for a plan with
a pa d timeframes which is subject to Council review and approval as it relates to
the opment agreement. Mr. Smith clarified that Hoag Hospital will work with
staff nd 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
Without objection, Mayor Curry announced that Items 16, 17 and 18 will be heard
together, but voted on independently.
16. CITIZEN PARTICIPATION PLAN FOR 2010 -2014 CONCERNING COMMUNITY
PLANNING AND DEVELOPMENT PROGRAMS THROUGH THE U.S.
DEPARTMENT OF HOUSING AND URBAN VELOPMENT (HUD). [100-
20101
Economic Development Coordinator B2!!k the no comments were received
during the 30 day comment period and at Council approve the plan.
Motion CouncilMemberGardnMayor P m Hen to a
Pro Tern _ _ e )
approve the 2010 -2014 Citizen Participation Plan; an dopt Resolution No. 2010 -40
authorizing the City Manager to,:submit,Ahe 2010 -2014 zen Participation Plan to
HUD. ;s
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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April 27, 2010
XVII.
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 disc ed the care provided by the
organization.
Mayor Curry discussed the importance
Hearing no further testimony,
approve the 2010.2011 Action P19n;
the City Manager to submit , e FY
Year Action Plan to the U.S. (
with any modifications to projec
HUD's final 2010 -2011 CDBG grand'
City's account with and auth(
.2011 CDBG Program greeme
The motion carried by
Ayes: An il Member
Curry, Co
it Member
for the community.
,Curry c d the public hearing
seconded b a or__Pro Tem Henn_ to a)
fib) adopt Resolu No. 2010 -42 authorizing
0 -2011 at
CDBG funds and One -
t of Housing and Orb Development (HUD),
lions necessary to conform the allocations to
ations and currently unallocated funds in the
}g the City Manager to execute the FY 2010 -
4 related documents on behalf of the City.
call
Rosansky, Mayor Pro Tem Henn,
rember Gardner
Council Member Daigle
TO THE CITIZENS TECHNOLOGY TASK
.City Cl Bro ead the ballot votes for the Citizens Technology Task Force as
follows:
Paul Blan (Gardner, Mayor Curry)
(Selich, Gardner, Henn, Rosansky)
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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City Council Minutes
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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;
Blank, Kenneth Cowan, Richard Eastman, Froeli
read the votes as follows:
�W
Paul Blank (Gardner, Mayor Curry) r "_
Froehlich Franz (Henn, Rosansky, Sel
sg
City Clerk Brown announced that 1
Philip Drachman, Froelich F z, Da
Citizens Technology Task For
Without objection, Mayor Curry
the appointments of Bi
Froelich Franz, David
Task Force; and b) con
to the Citizens Technol
Brandenburg,
wn, and David
ballot vote between Paul
and Ellen Mirowitz. She
Britt, Ted Cooper,
are appointed to the
Ted Cooper as the Chair of the Task Force.
it Member. Rosansky to a) confirm
Britt, Ted Cooper, Philip Drachman,
o serve on the Citizens Technology
nt of Ted Cooper as the Chairperson
The otion reed by the f wing roll call vote:
Ayes: Co il Member Seli , Council Member Rosansky, Mayor Pro Tern Henn,
Council mber Gardner
t: cil Mem ouncil Member Daigle
20. AME O TITLE 19, "SUBDIVISIONS," OF THE NEWPORT BEACH
MUNI AL E; CODE AMENDMENT NO. CA200b-004; AND ADOPTION
OF IN -L U HO G FEE (PA200"62). [.100 -2010)
Associate lanner Murillo provided a PowerPoint presentation that included the
framewor for Chapter 19.54, discussed the alternative to on -site construction, and
ovided ' ormation about the Affordable Housing Implementation Program.
In onse to Mayor Curry's question, City Attorney Mulvihill stated that
req ' ments 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 case 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 Sys originated by the General Plan
Implementation Committee and believed that thd'in -lieu fee is comparable to other
cities. ;,"'
In response to Mayor Pro Tem He
no� questioi :Assistant City Manager Wood
stated that the Department of Housi and Urban Dlopment has required the City
to conduct the constraint analysis the inclusionary Nques fee and noted that the
Housing Element states that the ty wilimplement thg program through the
adoption of an ordinance. In $Ato(d onse Mayor Curry's Acting City Att orney
Mulvihill stated that, in her'despite the BIA's assertiiis to the contrary the
City's proposed Ordinance is that it may take a long time for the San Jose
Case to be finally adjudicated.
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 Gardnees question, Public Works Director Badum
stated that the project can be phased; 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 Co ittee worked diligently with staff
to move the Civic Center project forward.
Motion by Council Member Selich sec i by.Council Member_Rosanskv to
approve a Professional Services Agree t with Associates, Inc., for biological,
cultural, and paleontological monitor and autho the Mayor and City Clerk to
execute the agreement. `�
The motion carried by the following rolll vote:
Ayes: Council Member Sehi F ' ncil Member Rosansky, yor Pro Tem Henn,
Mayor Curry, Council Mem Gardner
Absent: Council Mem er Webb, Counc ember Daigle
122. NEWPORT BEACH ENTER JECT - PROFESSIONAL SERVICES
AGREEMENT WITH OH YWINS ACKSON FOR ARCHITECTURAL
DESIGN SERVICES CONST ON CUMENTS AND SUPPORT (C-
4527). [38/73/100 -2010]
m�
Moti until Mem elich seconded by Council Member Rosansk to
a) rove a 100% Desi Development phase plans; b) approve a Professional
Se s- A ment with hlin Cywinski Jackson of San Francisco, for the
archi ' ur services ' luding Construction Document preparation at a not to
ed p o " a authorize the Mayor and City Clerk to execute the
ent, d c) approve get Amendment No. BA10 -038 appropriating $949,214
from . Mal acilities Master Plan Fund to Newport Beach Civic Center Project
The motio carried b`^ the following roll call vote:
Ayes: C cil Member Selich, Council Member Rosansky, Mayor Pro Tem Henn,
yor Curry, Council Member Gardner
ent: until Member Webb, Council Member Daigle
23. N RT BEACH CIVIC CENTER PROJECT — APPROVAL OF
PRO ESSIONAL SERVICES AGREEMENT FOR PROJECT MANAGEMENT
AND CONSTRUCTION MANAGEMENT AT RISK CONTRACT WITH C.W.
DRIVER (C- 4527). [38/73/100 2010)
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;
h) 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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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- CI002009.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member, ansky, Mayor Pro Tem Henn,
Mayor Curry, Council Member Gardner
Absent: Council Member Webb, Council Memb aigle
24. ACCESS AGREEMENT REGARDIN NS IDGE PARK C- 4528). [381100-
20101 „
Mayor Curry asked the audience iftheyunanimously ent to allowing Steve Ray,
Executive Director of the Banning Raoeh Conservancy, eak on their behalf in
opposition to the access road He explained that Mr. Ray uld then be given 15
minutes to speak. > >
sM
4 �3�
Acting City Attorne Mulvihill clam d that if there is someone in opposition that
wishes to address Co they speak. are enti to She further clarified that Council
is - asking if those in would like allow Mr. Ray to speak on their behalf.
She suggested that Co u cil als if anyonet a the audience does not want Mr. Ray to
speak on their behalf. n
With. oua consent. o he aixdienc Steve Ray, Executive Director of the
Ban `g Ra h Conservan elieved that the road does not fit the need of the park,
ex essed co cern about the ' tersection on Coast Highway, explained the desires of
the maiden stated that the ad will be built at the taxpayers' expense, discussed the
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April 27, 2010
II. ADJOURNMENT- 10:08 p.m.
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