Loading...
HomeMy WebLinkAbout01 - Minutes - 1-10-09 & 1-13-09Agenda Item #1 January 27, 2009 CITY OF NEWPORT BEACH City Council Minutes Special Meeting Central Library Friends Room 1000 Avocado Avenue January 10, 2009 — 8:00 a.m. I. CONVENED AT 8:00 A.M. FOR SPECIAL MEETING II. ROLL-CALL Present: Council Member Henn, Council Member, s Member Daigle, Council Member Gardn ay. III. PLEDGE OF ALLEGIANCE - Mayor Pro Tem IV. CURRENT BUSINESS 1. DISCUSSION AND ESTABL NT OF C( , Council Member WOW Council Tem Curry, Mayor Selich City Manager Bludau provided a 'ghligh o` line, ctions taken, and status of the following 2008 Council Priorities, outlined the Point presentation: 1) Planning, processing and construction of a new y Hall; 2) regularly update the Facilities Financing Plan (FFP) and imple n e planning, finance and construction of the identified project ' mplement ne oup residential ordinances; work at the State and Federal levels o local governor' is greater ability to regulate secondary efforts of an overconcentr on of oup homes; 4) p pare and implement a Water Quality Master Plan (WQMP) t t addres es and prioritizes ater quality needs into the future; 5) institute an organizati pe m rov ` nt effort through data gathering and the identification ce measure organizational effectiveness; 6) conduct an appra' f the 'ng Ranch property and assess funding available for the purchase of t r ope S 7) take advantage of the latest technology, and implement an ective tra mans t plan that improves traffic flow throughout the City; 8) minimize the a erse imof John Wayne Airport (JWA) through the implementation of the City's Airp Poli) align the City's codes, regulations and policies with the General Plan; 1 provide more public parks and recreation facilities, with emphasis on active and wa r- oriented facilities where appropriate; 11) implement an effective mmunication Ian which utilizes various communication tools to provide current ation to a residents; and 12) develop a process to regularly review and update City fees der ensure most fee services pay for themselves. In respon®e to Council questions, Assistant City Manager Kiff discussed group residential home abatement, the City's efforts relative to legislation, and the abatement process for facilities that do not apply for a use permit by February. Regarding water quality, Mr. Kiff explained how the proposed economic stimulus could assist the City in its dredging efforts, confirmed that the Lower Bay project would require an environmental report, and discussed the Federal Navigation Channel. Assistant City Manager Wood noted that a report will be brought before Council regarding Banning Ranch at the January 27 meeting. Regarding the General Plan, Ms. Wood discussed the collaboration between Coastal Commission staff and City staff relative to the Coastal Land Use Plan. She also Volume 59 - Page 42 City of Newport Beach City Council Special Meeting Minutes January 10, 2009 indicated that the Zoning Code revisions will be brought to the Planning Commission in spring. Public Works Director Badum discussed the Traffic Management Plan, Measure M, the design cost for the remaining phases, efforts to tie -in Caltrans and the City's signals, and the relinquishment of Coast Highway. Recreation and Senior Services Director Detweiler reported that Coastal Peak Park will open the end of summer. Jan Vandersloot expressed hope that the City will continue its wa uality and dredging efforts. He noted that there are billions of dollars available throu te roposidon 84. In response to questions from Sally Newell; John Schweiger, Assistant City Manager Kiff discussed licensed group residential six and under facilities; ho for legislation. He reported that the ordinance ban family zones. He noted that the current use permi and encouraged the public to sign up to receive e i hearings. He noted that the webpage does not blis City. Council Member Henn emphasized imp Living by the Sea (SLBTS) on the Janus age a enforcing the ordinance as soon as the a be( exists. City's Financial. Status Administrative Services Direc ' General Fund fund balance, Ge year assessed property value gro tax projections, sales tax analye revenue sources, projected State actions, 2009- 2010,known expend 2010 budget ch actions, currently I d. ? Zaepfel, uise Winder, and Missy the 's limitations over State - vev , he erated the City's desire W group es except in multi - plications are a City's webpage notifications re la group home a list of active gromwines in the nee of the agreemen with Sober and reported that the City can begin Dines final and the lawsuit no longer presentation to discuss the e compotion, top revenue sources, 20- sales t ss segment for 2007 -2008, sales Pra nt Occup cy Tax (TOT) collection, other lg shortfalls, 2008 -2009 budget challenges and actors, negotiated compensation costs, and 2009 - her considerations. He reported that the budget is In reepona Coun questions, Admitrative Services Director Danner stated that the State could so "He and divert it to the County Sheriff; or may look at taking redevelo t momed that enacting a hiring freeze can assist some dept in g ented 1% budget reduction, but added that lfnien ver s Nly f its budgeted appropriations. He also confirmed that the =tnternal serve ese funded. Regarding PERS, he believed that PERS would probably need slaange the rate structure plan and that the City may want to consider build up the PERS reserve again. He noted that the budget does not reflect any developmen ees. He stated that the City is in better shape than most cities and that gbe expects the C y's rating to still be AA. Ci anager udau discussed which Capital Improvement Program (CIP) projects he is recd d' be deferred in order to save over $2.3 million. He indicated that he will bring recommendations to Council at a regular meeting for discussion and confirm e at conducting layoffs would be the worst case scenario for the City. Sean Burke questioned the need for spending money on a tsunami warning system. Jan Vandersloot also expressed concern about spending money on a tsunami warning system and not moving forward with the Ocean Front street end improvements since the residents have already been assessed for the project. Volume 69 - Page 43 City of Newport Beach City Council Special Meeting Minutes January 10, 2009 Ron Hendrickson suggested looking more closely at the scheduled salary increases. Dolores Otting indicated that Peninsula residents have been asking for a tsunami warning system for years. In response to Karen Tringali s question, City Manager Bludau explained that the revenues can show an increase while the assessed property val decreases because Proposition 13 includes an automatic 2% increase and properties v4r till be purchased in the future. Mayor Selich recessed the meeting at 10:02 a.m. and onvened the meeting at 10:18 a.m. with all member of the City Council prese . 2009 Priorities Following discussion, it was the consensus of Cc list for 2009: 1) City Hall design/censtructi isf issues; 4) benchmarking and performance as process); 5) traffic management and im ed t facility issues, including a Banning Ranc am acres; 7) water quality /future needs and rate i s:. Ranch; and 9) align City codes, regulations and update the Facilities Financing Ian (FFP) for one n appear to have been comp let review of improvied communication to( ls. keep the followin rities on the 2) JWA issues; 3 up homes (until the City is into Phase 3 of the c flow issues; 6) park and recreation lysis and concept plan for the 20 to 30 8) appraisal and funding for Banning ties with the General Plan; and 10) ear. He noted that two priorities Ci es (non- Harbor related) and Potenti 1 ', w Pririties for 2009 Following discix o g into a financing plan to dredge the Lower Bay, it was ensue ouncil to place this issue on the 2009 Council Priorities list Regarding th urrent chmarking priority, Council recommended focusing on the performance m ores oft Building Department and Planning Department, and include this into Item 4. the concuence of Council, Mayor Pro Tern Curry and Council Member Gardner ated plat' g the importance of reducing the fire hazard in Lower Buck Gully on the nmended that more traffic management options be added to the traffic priority (Item 5) and that the water quality priority (Item 7) look at tiered water rates. Council Member Rosansky suggested placing the budget on the priorities list since the City needs to be very focused on saving and conserving. It was pointed out that the Administrative Services Director provides detailed reports in the City Manager's Newsletter. City Manager Bludau noted that Council normally only has 12 priorities but, due to the current economic situation, it would be appropriate to include developing and adopting a fiscal year 2009 -2010 budget that is balanced and places budget resources Volume 59 - Page 44 City of Newport Beach City Council Special Meeting Minutes January 10, 2009 where it is most needed on the list. Dolores Otting asked what the City is doing to conserve water. Utilities Director Murdoch reported that 90% of the parks use smart irrigation controllers. City Manager Bludau indicated that a discussion can take place at a Study Session relative to the City's water use. Jan Vandersloot believed that funding for Upper Bay dredging slifiEld also be included in the water quality priority (Item 7) and that the City should incrfffffse its efforts. Ron Hendrickson believed that the Buck Gully fire h should be the City's top priority. He asked what The Irvine Company's status i lati traffic implementation in Newport Center. He also expressed concern relat to the ti d effort needed by staff to work on benchmarking, and recommending minting the p y after Phase II. Council Member Henn recommended that the ity b more pro - active in nee of next year's priority setting meeting in terms pub zing the meeting in vanes and soliciting public input 2. DISCUSSION OF CITY HALL Assistant City Manager Kiff utilized a PowerP-Owkpresentation to highlight what the Design Committee suggested where the Buil Committee agreed or disagreed; discuss issues needing Counc and items brought back to Council for approval. -= _ Barry Allen suggested keeping th sail bel the vie Ian, minimizing the night glare, placing green surfaces on the roofs, of t g down and reconstructing the berm, and not phasing the project. Jan Vandersl sho d where he bel ved the southernmost meadow area is located. He agreed wit of reb lding the berm d encouraged keeping all the current views. He suggested wnsizi or eliminating a amphitheater. He believed that the Bohlin Cywinski Jac nost land - friendly plan. Ron kson d if Library staff -and the Board of Library Trustees have provided sin re is "" osed to be a connection between City Hall and the Central brary. He tione eed for the amphitheater since aurfaes parking is needed. He believed that k ing the loll is secondary to getting an appropriate City Hall design. Bernie Svalstad 9xpressed concern that the parking lot is where the view point is currently suggested not reducing the size of the MacArthur berm. Library -City Hall Link Council Member Gardner encouraged creating a civic center feel. Discussion ensued relative to providing coffee /cold food service for the employees and the public. It was the consensus of Council to meet with the Board of Library Trustees to find out their ideas for the outdoor courtyard prior to making any decisions. Volume 59 - Page 45 City of Newport Beach City Council Special Meeting Minutes January 10, 2009 Community Room - Council Chambers Discussion ensued relative to either having the Council Chambers open up into the community room in the event of overflow or having two separate locations with television monitors to handle overflow. It was noted that the new Council Chambers will have more seating capacity, so it was the consensus of Council to move forvAird with a separate meeting room outfitted with television monitors that can display tbrmeeting in progress. Southernmost Meadow Area Council Member Webb recommended creating a parking structure and removing the amphitheater. hiring a topographer to take photographs from va: City has improved views. Council MemZRosa enhance views as best as possible. Coocean and bay views must be preserved. be reconfigured so there are views on t protect views, but not necessarily from s Park Amphitheatre w rea a upper level of the lso an —e using story poles or s locations to Ntha e that the suggested dirchitect to ,Gardner indihe public in Curry indica dirt can It was the consen sus of Council to Council indicated that City Ha d have surface p g or a bigger grass area if the amphitheatre is removed; th too much a in that location for an amphitheatre; and the amphithe re 77miay ded i9 an outdoor gathering area is created. It was the consensus of C o r ve phitheatre from the plan. Park Restrooms Discussion ens LiUneed e nee or restrooms since City Hall is inclose proximity to the park; ho erd that y Hall will not be open all the time and that the back part a parestroo It was confirmed that t he park will have a play area with troIt was consensus of Council to have a separate park restroom f Council Me m Gardn eecmmended removing the sail from the design. Council Member He ommend allowing the architect to try to resolve the issues with the sail. Mayor Seh noted that the number of pods and levels will be decreased, which will lower the height,, It was the consensus of Council to design around the view plane. Center (EOC) Assist Ci Manager Kill indicated that the Building Committee is favoring keeping the EOC at t olice Department, especially since it will be remodeled. City Manager Bludau noted tha the new Police Department will also be an essential facility and will always have personnel on staff, including after hour dispatch service. Council Member Henn asked what the cost would be to also utilize the community center as the EOC and expressed concern about having the EOC at the Police Department in the event something happens to the Police Department. Following discussion, it was the consensus of Council to keep the EOC at the Police Department. Volume 59 - Page 46 City of Newport Beach City Council Special Meeting Minutes January 10, 2009 MacArthur Berm Mayor Selich noted that the berm is an artificial berm and can be taken down and reconstructed if cost is an issue. Council Member Henn recommended taking photos so the views can be reconstructed. V. PUBLIC COMMENTS_. Ron Hendrickson thanked the City Council for having an open meetin&A discuss these issues. VI. ADJOURNMENT -12:45 p.m. Volume 59 - Page 47 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 13, 2009 — 7:00 p.m. I. STUDY SESSLQN - Cancelled II. CLOSED. SESSION - 5:30 p.m. * Conference with Legal Counsel - Existing Libation (G rnment Code § 54956.9(a)): I. ire. o Harvey v. City of Newport Beach, Orangp4bounty Superior rt Case No.' 07CC5400 o King v. Newport Beach, Orange Co y Suprior Court Case N -2008 -00116306 * Public Employee Performance Evalu' n (Government Code § 6 57(b)(1)): Title: City : Manager III. RECESS 1\Vl V. ROLL CALL VI. Present: Council em Henn, Co ember Rosansky, Mayor Pro Tem Curry, Mayor Selich, , Coun . Memb Webb, Coun ember Gardner, Council Member Daigle e Leh, City Attorney Hunt reported that Council voted Office of Xe City Attorney to proceed to defend the case. VII. LEDGE OF AL N Council Member Henn VIII, iSO.CATION - Pa or Brad y Stienstra, Newport Harbor Lutheran Church L" Presentati"% of eck from the Newport Beach Public Library Foundation (NBPLF) - Library Servic nager Warren reported that the Library accepted a check for $6,731.00 which is the remainder a $20,000 grant from the Argyros Foundation. Orange County Human Relations Commission Annual Report - Ellen Olshansky provided Council with the 2007 -2008 Annual Report of the Orange County Human Relations and presented Mayor Selich with a certificate for promoting a safe, inclusive community. Restaurant Week Announcement - Peggy Fort and Sherry Drewry invited residents to attend the 3rd Annual Restaurant Week from January 18 - 22 and a gala lunch party on January 15 at the Back Bay Bistro for $50 per person with proceeds going to let Battalion/let Marine. More information can be found by calling (949) 675 -0501 or visiting newportbeachdining.com. Volume 59 - Page 48 City of Newport Beach City Council Minutes January 13, 2009 X NOTICE TQ THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS Oft MATTERS.WHICH COUNCIL MEMBERS WOULD LIKE PLACED ONAFUTURE AGENDA FOR DISCUSSION. ACTION OR REPORI'_MQQN- DISCUSSION_ITEML; Council Member Daigle reported on the progress of the Marian Bergeson Aquatic Complex renovation and stated that Phase 1 is complete, Phase 2 is substantially complete, and Phases 3 and 4 are underway. She thanked Marian Bergeson for her leadership. Council Member Gardner asked to have public solicitation 176 shortened in the City. Mayor Pro Tem Curry reported that on January 2, he ied the farewell gathering for the OASIS Senior Center. He also congratulated the Chamber omme for the 100th Boat Parade. XII. CONSENT CALENDAR A, READING OF MINUTES/QItD7 CE& D RESOLUT 1. MINUTES OF THE NED REGULAR ME NG AND REGULAR MEETING OF DECEMB 9, 2008. 1100 -20091 Waive reading of subject minutes, approve as written an der filed. 2. READING OF CES ANIESOLUTIONS. Waive reading in full of all ordinances and re lute der consi tion, and direct City Clerk to read by title only. B. ORDINAN OR INTRO UCT 3. A LI N TIME LI S FOR COMPLIANCE - FIRST WARNING LETTER. 100 -20 J Introduce rdinance No. 2009 -1 relating to Sea Lion Compliance, a en Sections 17.25. 20 and 17.50.100 of the Newport Beach Municipal Code an readin n January 27, 2009. 6. RE LUT UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2009 NDE E CITY S CONFLICT OF INTEREST CODE. [661100 -20091 Adop solutio No. 2009 -1 adopting the 2009 Designated Employees List. 7. 4 VLR NEGOTIATIONS. NEW 3 -YEAR MEMORANDUM OF RSTANDING (MOU) WITH THE NEWPORT BEACH FIRE GEMENT ASSOCIATION (NBFMA). (C- 2946A). [381100 -20091 Authorize the Mayor and City Clerk to execute a new 3 -year Memorandum of Understanding (MOU) with the Newport Beach fire Management Association (NBFMA). 9. PROFESSIONAL SERVICES AGREEMENT - AMENDMENT NO. 2 WITH LARRY PAUL AND ASSOCIATES TO ASSIST HARBOR RESOURCES WITH INTER- GOVERNMENTAL COLLABORATION AND PROJECT DEVELOPMENT/IMPLEMENTATION (C- 3832). [381100 -20091 Approve Amendment No. 2 of a Professional Services Agreement with Larry Paul and Associates for $46,000 to provide project support for Harbor Resources. Volume 59 - Page 49 City of Newport Beach City Council Minutes January 13, 2009 10. GENERAL SERVICES BUILDING D LOCKER ROOM AND RESTROOM REMODEL - COMPLETION AND ACCEPTANCE (C -4029) . 1381100 -20091 a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond 1 year after Council acceptance. 11. BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMEN OR PROJECT MANAGEMENT WITH GABLE ENGINEERING, INC. OR PROJECT MANAGEMENT SERVICES (C-4135). /381100 -20091 a) prove a Professional Services Agreement with Gable Engineering, Inc. to perfo ject management services for the Big Canyon Creek Restoration project, a _ the Mayor and City Clerk to execute the agreement; b) approve a b - et amendm° , (09BA -036) transferring $97,000 from project' savings in Accoun = 13- C5100277 ( oa Island Alley Replacement) to Account No. 7014- C510070 or pr "ect manageme" services for the Big Canyon Creek Restoration pro and approve a bu "° amendment (09BA -036) recognizing $10,000 fro on ution from Orange Co _ Sanitation District and appropriating $10,000 to unt No. 7251- C51000709 or project management services. 13. EASTBLUFF t STREET ABILITATION (C -3968) - COMPLETION AND ACCEPTA 100 -200 Accept the completed work; b) authorize the City Clerk to a No Complet c) authorize the City Clerk to release the labor and Materials and 35 d the tice of Completion has been recorded in acco ce with app 'cable rtions a Civil Code; and d) release the Faithful P,_. nce Bond 1 y - r r Council acceptance. 14. _BALBO VILLAGE LEY REPLACEMENT -AWARD OF CONTRACT (C- Iti p. 9944). 181100 -20091 a pprove the project plans and specifications; b) award the co- a 4) to Golde State Constructors, Inc. for the total bid price of $128,606, and orize d City Clerk to execute the contract; and c) establish an oun $20,000 to comer the cost of unforeseen work. 15. T IS RT FENCE REPLACEMENT - GRANT HOWALD PARK CO LETI AND ACCEPTANCE (C-4043). [38 /100 -2009] a) Accept the comp ted wor) b) authorize the City Clerk to file a Notice of Completion; c) auth ize the City Clerk to release the labor and Materials bond 35 days after the Noti of Completion has been recorded in accordance with applicable portions of the Ci , Code; and d) release the Faithful Performance Bond 1 year after Council 16, MARINERS PARK RESTROOM CONSTRUCTION - COMPLETION AND ACCEPTANCE (C- 3992). [38 /100 -2009] a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one year after Council acceptance. Council Member Webb abstained on this Item 17. PELICAN HILL ROAD NORTH AND NEWPORT COAST DRIVE SOUTHBOUND RIGHT -TURN IMPROVEMENTS- COMPLETION AND ACCEPTANCE (C- 3945). [38/100 -2009] a) Accept the completed work; b) Volume 59 - Page 50 City of Newport Beach City Council Minutes January 13, 2009 authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one year after Council acceptance. 18. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL SYSTEM - APPROVAL OF AMENDMENT NO. 4 WITH SCS ENGINEERS - INTERNATIONAL, LLC, FOR EXTENSION OF SUPPORT SERVICES RELATIVE TO OPERATION AND MAINTE ANCE OF THE COMPLETED SYSTEM (C- 3651D). [381100 -20091 a) ove Amendment No. 4 to the Professional Services Agreement with SC ngineers - International, LLC in the amount of $54,000 for extension of supp , ' services relative to the operation and maintenance of the completed land ollection and control system; and b) approve a budget amendment .:. BA- transferring $59,400 from the Environmental Liability Fund to ' tious operate ccounts for interim operation and maintenance of the New Te ce Landfill Gas ion and Control System. 19. 2007 -2008 SIDEWALK,.; RB GUTTER R CEMENT PROGRAM - COMPLETION AND €CEP NCE (C- 3974). [3. -20091 a) Accept the completed work; b) autho he City Clerk to file a lCtice of Completion; c) authorize the City Clerk to re se the labor and Materials bond 35 days after the Notice of Compl 'on has been re ded in accordance with applicable portions of the Civil Code; and ease the Fai ` ul Performance Bond one year after Council acceptance. E. " 11AISCELLANEOUS 21. BU AMEND N ACC' A CHECK FROM THE NEWPORT S1 C PUBLIC LI RY FOUNDATION (NBPLF) AND APPROPRIATE NDS OR MAINT ANCE AND OPERATIONS BUDGET FOR FY 2008/09. 100 -20 J Approve a b get amendment (09BA -028) to increase revenue estimates by l,7 . ,7 , Account 4090 -5893 (Library Foundation /NBPLF) and increase expo 111' " by;, a same amount in Division 4090 (Foundation) - 8012 gr g) and 82I ibrary Materials) respectively. 22. B ET Ti" ENDMENT TO ACCEPT A CHECK FROM THE CALIFORNIA STA LIB 4#Y AND APPROPRIATE FUNDS FOR LITERACY SERVICES. 1100- 691 Approve a budget amendment (09BA -033) to increase expenditure appro 'ations by $20,000 in division 4060, Literacy, and to increase revenue estim s for the same amount in Account No. 4010 -4832, California Library Literacy 23. PT ASSISTANCE TO FIREFIGHTERS GRANT AWARD FOR RAPID ERVENTION CREW (RIC) TRAINING. 1100 -20091 a) Accept Department of Homeland Security Fire Administration Assistance to Firefighters Grant for $38,021 to conduct Rapid Intervention Crew (RIC) Tactics and Firefighter Survival Training Program; and b) approve a budget amendment (09BA -034) increasing revenue estimates by $38,021 in 2320 -48941 and increasing expenditure appropriations in 2320 -9032 by $47,526 which includes $9,505 from the General Fund unappropriated fund balance for the required 20% matching funds. 25. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES (C -4028) - HYATT REGENCY ENVIRONMENTAL IMPACT REPORT (EIR). [38/100- 20091 Receive and file. Volume 59 - Page 51 City of Newport Beach City Council Minutes January 13, 2009 lull. 26. UNDERGROUND UTILITIES DISTRICT NO. 19 - SANTA ANA HEIGHTS (AREA BOUNDED BY MESA DRIVE, CYPRESS STREET, AND A PORTION OF ORCHARD DRIVE); AND AMENDING THE DISTRICT BOUNDARY. [891100 -20091 a) Approve Revised Engineer's Report and Amended Boundary Map, and set the date of March 10, 2009 for a public hearing; and b) direct staff to mail out the notice of public hearing and an informal advisory survey of property owners regarding whether they are in favor of or opposed to Underground Utilities District No. 19 (UUD -19) and paying for the private service conversions. Motion by Mayor Pro T env to approve the Cons/It8by ndar, except for the Items removed (4, 6, 8, 12, 20, 24, and 26); and noting the abstention on Council Member Rosansky and the abstention on Item 16 by Council Member Webb. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Council Member Webb, Council M 4. 12 VESSEL ANCHORING IN THE In response to Counc' is proposing that boat than three hours during be washed ashore. Sections Beach M The THE CITY 17.20.020, de, and va by the Member sky, May Pro M Tem Curry, Mayor Selich, Council e Daigle OCEAN. [100 -20091 Nn. esources Manager Miller stated that staff e allowed to leave their vessel for more weather can change and their boats can it t roduce Ordinance No. 2009 -2 amending 17.25.020, 17.45.020 and 17.45.030 of the Newport second reading on January 27, 2009. roll call vote: cil Member Rosansky, Mayor Pro Tem Curry, Mayor Council Member Gardner, Council Member Daigle OF CHANNEL OUTDOOR AS BUS SHELTER PROVIDER FOR T BEACH (C- 2839A). [881100 -20091 Laura Currangnoted that there was only one bidder and suggested that Council ask for a plete anal is of the amount of revenue received for advertisements versus funds used for m tenance ncome Contract Administrator Tseng stated that Clear Channel was unwilling to gi his ' ormation to the City. Motion Con '1 Member Henn to direct staff to draft and finalize an agreement with Clear Channel Outdoor based substantially on the deal points in Exhibit A, and authorize the Mayor and City Clerk to execute the agreement. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle AMEND THE CITY MANAGER'S EMPLOYMENT AGREEMENT TO PROVIDE A MONTHLY AUTO ALLOWANCE (C- 3262A). [881100 -20091 In response to Council Member Daigle's question, Council Member Webb stated that the Volume 59 - Page 52 City of Newport Beach City Council Minutes January 13, 2009 12. 20. recommendation was discussed by the Mayor and some of the members of the City Attorney Recruitment Committee. In response to Laura Curran's question, Council Member Henn stated that there are three positions that reported directly to Council and they felt it was appropriate to establish the change in conjunction with the hiring of the new City Attorney. Over time Council will look at other. department director positions and noted that the decision was based upon a careful analysis of as broad a sample of survey information that they could obtain. Motion_by_Council Member Webb to approve th/Ciouncil's City Attorney Recruitment Committee's recommendation to amend the City 's employment contract to provide for a $500 monthly auto allowance. The motion carried by the following roll call Ayes: Council Member Henn, Mayor Council Member Gardner, Cori Abstain: Council Member Rosanskyl BIG CANYON CREEK RI AMENDMENT NO. 1 TO CONSULTING, INC. (C-35! In response to Council the project would take o the further upstream. The goa is to the selenium problem. Motion ,- 'Co c'I Membe Servic, Agreem nt with VA C of $2825 and uthorize the M a budgetNven nt (09BA -035) for , Mayor Pro Curry, Council Member Webb, ember Daigle PROJECT -APP AL OF CONTRACT 1AL SERVICES AGREEMENT WITH VA Assistant City Manager Kiff stated that r pond and make an equivalent habitat iat allows water to flow and assists with irdner to a) approve Amendment No. 1 to Professional dting, Inc. of Irvine; for design services at a contract price r and City Clerk to execute the agreement; and b) approve •ecognizing contributions in the amount of $60,000 from Assistance Program (CIAP), $60,000 from The Irvine rvine Ranch Conservancy and appropriating $289,925 to Canyon Creek Restoration Project. The motion ried by-W following roll call vote: Ayes: Council IMember [Tenn, Council Member Rosansky, Mayor Pro Tem. Curry, Mayor Selich, uncil Member Webb, Council Member Gardner, Council Member Daigle NTS BY THE MAYOR TO THE COUNCILlCITIZENS AD HOC ES, THE JOINT GOVERNMENTAL COMMITTEES, AND THE CITIZENS COMMITTEES. [100 -20091 Mayor Selich reported that the Chair of the Media and Communications Committee will be Council Member Gardner and he will serve as a member on the committee. Motion by Mayor Selich to confirm the appointments outlined in the staff report. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Volume 59 - Page 53 City of Newport Beach City Council Minutes January 13, 2009 )UV. WN 24. GO LOCAL REPORT (C- 4027). 1881100 -20091 Nancy Alston, AIRFARE, stated that she is in favor of the Go Local and pointed out that the Ontario Airport would like to grow while residents in this area do not want John Wayne Airport (JWA) to grow. She urged Council to cooperate with the Los Angeles World Airport (LAWA). Kristine McKay, Airport Working Group of Orange County (AWG), commended Council for initiating the Go Local Study. She recommended that ,council continue to work with the communities and participate with regional organizati to explore solutions to relieve air traffic demands. 1`xi Heather Somers commended Council for Council to contact corridor cities and the D study, find more funding, and work with LJ In response to Council Member City should try to form a partm airport strategy to Council. , ORAL REPORTS Council Member Henn reported He stated that the permit for E Coast Recovery's permit, it was next hearing with a resolution that there are three more organi a second hearing ,gowamer devoting time tq0 his (SLBTS) settleT"6nt agn to attend and 04 their ;Council er G u vor Selich a ur ee meeting vl be He s at the the Go Local Study and encouraged ,Transportation about continuing the stion, City Iftager Bludau agreed that the WA and report hat he will bring back an the use pe earings for group homes are moving forward. rizona was roved with conditions. Regarding Newport d a hearing cer requested that staff come back at the 3pproprl dings supportthe conclusion. He also stated �s that a o t ough the use permit process, including H mmende a residents, City staff, and Council for that Council will consider Sober Living By the Sea's uary 27 Council meeting and invited members of the public to attend the Corona del Mar parking plan meeting Friends Meeting Room at the Central Library. the General Plan/Local Coastal Program Implementation Wednesday, January 14 in the Council Chambers. 27. PORT B SINESS AREA INTEGRATED CONCEPTUAL DEVELOPMENT PLAN 'P 7-17 AND PA2008 -063) - APPROVING THE AIRPORT BUSINESS AREA IN T CONCEPTUAL DEVELOPMENT PLAN THAT WOULD ALLOW FOR FUTSIDENTIAL AND MIXED -USE DEVELOPMENT ON THE KOLL AND CON PROPERTIES WITHIN THE AIRPORT AREA THROUGH FUTURE REGULATORY PLANS. 1100 -20091 City Attorney Hunt stated that he received a letter from the City of Irvine objecting to the environmental review process utilized by the City. He recommended that Council continue the item to February 10 to give the City Attorney's office time to review the objection. Motion by Council Member Daigle to continue this item to the February 10 City Council meeting. Volume 59 - Page 54 City of Newport Beach City Council Minutes January 13, 2009 The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle XVI. PUBLIC COMMENTS - None XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 28. PLANNING COMMISSION AGENDA FOR JANUAR8, 2009. 1100 -20091 Assistant City Manager Wood reported on the follow item: Avis - 4200 Campus Drive. XVIII. CONTINUED BUSINESS - None XIx CURRENT BUSINESS 29. UNSCHEDULED VACANCY ONlitHE PARKS, BE ES AND RECREATION COMMISSION. [100 -2009] Motion by Council Member, iGa) declare a vacancy on a Parks, Beaches and Recreation Commission due to the r nation of Cris Trapp effective January 6, 2009; b) confirm the Mayor's ap intment of Ma r Pro Tem Curry, Council Member Gardner, and Council Member Webb rve on the A� c Appointments Committee; and c) direct the City Clerk to post and Special cy Notice requesting that applications be submitted by 4:00 p.m. on hurs anuary 009, and schedule the submission of the nominations to the Council n Februa 2009 h the final appointment to be made on February 24, 2009. k ij The mottpcarrid by the folio roll call vote: Ayes: cil Number Henn, cil Member Rosansky, Mayor Selich, Mayor Pro Tem C Co ' I °Member We , Council Member Gardner, Council Member Daigle 30. ,14 � TM , S TO ENTAL QUALITY AFFAIRS CITIZENS ADVISORY Mayor Se lic tated' Ken Drellishak will continue as the Chairperson. Council Member Rosansky cro ected appointments so that Kevin Kelly is the at -large appointment `r and Merritt n Sant is the District 2 appointment. Council Member Gardner thanked Laura ietz for her mice to the committee. M n b ouncil Member Henn to a) confirm the Mayor's appointment of Ken Drelli k Chairperson; b) confirm Council Members Rosansky, Selich and Curry's District and At r ge EQAC appointments; c) confirm Council Member Gardnefa appointment of Nick Ro ssos to the District 6 position; and d) confirm other appointments of Council Members to District and At -Large positions. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council. Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner,. Council Member Daigle 31. ORDINANCE AMENDING SECTION 7.04.050 OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DOGS AT 38TH STREET PARK. [100- 20091 Volume 59 - Page 55 City of Newport Beach City Council Minutes January 13, 2009 Recreation and Senior Services Director Detweiler provided a PowerPoint presentation that included maps and photos of the park. She discussed the location and received the two recommendations. She stated that there were 45 warnings given to residents for not providing a leash for their dog or not cleaning up after them. Council Member Gardner believed that residents should be held accountable for cleaning up after their animals or they should be cited. Mike Gordon agreed that the residents should be respo 'ble and that all the dogs should be on a leash. He urged Council to enforce the ordinance at is already in place or modify the park to make it accessible to dogs without interrupti other residents who want to enjoy the park. Joel Stone thanked Council, the Park, Be s an creation Commission, and staff for working on the issue. He urged Council t(T, prove st commendation. Jim Miller expressed support for staffrecom_mendation. Council Member Henn believed tl� the puyMarea is greatly comp ented with the grass and that an enforcement solution will €tigt :av ork over time. He amen the recommendation to include grassing over the two parta''f` the entry off of Balboa Boulevard and, if deemed feasible by General Services, to grass o the other two areas to provide a balance approach to the park at a minimal In response to Council Me her is ques . City Manager Bludau stated that staff is not prepared to provide inf mation r g art 1 turf. In response to Council Member Webb's question, Recreation and S or s irector Detweiler stated that the dog owners ra ve turf inste o odchips. eral Services Director Harmon stated that the prob wits the Park Lan' a of the park is that there is no sun and suggested that the City ecompised Granite O in the back side and turf on the front side. He also stated that u DG o4woodchips woul ,result in a decrease of water usage. b o {� er He to a) intro duce Ordinance No. 2009 -3 and pass to second is y 27, 266-01W b) approve a budget amendment (09BA -032) appropriating $1,300 p , such ' ditonal amount as is required to complete the work authorized by this ordinance the` ' appropriated General Fund balance to Account No. 3170 -8080 for landscape m catioi�t 38th Street Park in the planter area located at the northwest entrance of t park alo ' Balboa Boulevard by removing the rosebushes and replacing them with turf to place the landscaping located at the northeast entrance of the park (opposite northwes ntrance) with decomposed granite. The tion ied by the following roll call vote: Ayes: Co cil Member Henn, Council Member Rosansky, Mayor Selich, Mayor Pro Tem. Curry, Council. Member Webb, Council Member Gardner, Council Member Daigle 32. DISCUSSION OF OASIS SENIOR CENTER FUNDING- 1781100-20091 Administrative Services Director Danner discussed the funding alternatives for the construction of the new OASIS Senior Center and the timeline. He stated that the bond market has recently turned around, displayed a PowerPoint presentation with a funding chart, and indicated that staff is meeting with the financial consultants on Thursday. He noted that the money that OASIS has raised will come in over a period of time and the Friends of the OASIS has raised $697,000 and have $900,000 in pledges. Council Member Rosansky stated that he is satisfied with proceeding with the project. Mayor Pro Tem Volume 59 - Page 56 City of Newport Beach City Council Minutes January 13, 2009 Curry discussed the market and stated that the City is fortunate to have the flexibility to use its cash reserves to advance the project and keep the construction moving forward without the use of credit enhancements. Council Member Henn pointed out that the City will always have projects and funding will always be needed. He emphasized that the City will need to constantly monitor debt payment capacity to ensure that it is not exceeded, and understand where funds will be comimg from in order to manage the process in a consistent and conservative manner. 33. CITY HALL, AND PARK MASTER PLAN PRO PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL DESIGN SERVICES 8173 Public Works Director Badum stated that is a include architectural design services. He ported tha work completed by March. He also at that there workshops, and approval is anticipat`to occur in early A. In response to Council Member there will be shared managemen manager, and that their first meetiii reported that staff is looking for local expressed support for a tectural building will look like, an as t for expenses associated wi the p Assistant City Manager at Council develoved a conse s tha nothing w' udeintothe CT (C -4136) - APPROVAL OF BOHLIN CYWINSKI JACKSON for the pre - designed phase work to taff is hoping to have the scope of 1 be two public meetings and ;,q�uuestions, Public Works ctor Badum stated that �'tware between the arehit firm and the project will be held on Wednesday, January 14. He also office space for the architect. Council Member Henn presentation model to get a visual grasp of what the staff scrutinize the expenses and minimizing the fees In response to Council Member Daigle's question, ingA`'e priority setting session on Saturday, ;ht an re will be thoroughly addressed and that In re nse to anon Swenson Public Works Director Badum stated that the City's IT Division curr tly working on eo conferencing capabilities with the architect. Raw Nthe hei f HallMo 'on . b Bohlin Cywi of San Francisco for architectural design services at a not to exceed price of $64 75, including an amendment to add an architectural presentation at the aximum pri of $45,132, and authorize the Mayor and City Clerk to execute the agreement. T otion ed by the following roll call vote: Ayes: 01W Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor S ch Council Member Webb, Council Member Gardner, Council Member Daigle 534. CITY HALL AND PARK MASTER PLAN PROJECT (C -4137) — APPROVAL OF PROFESSIONAL SERVICES MASTER AGREEMENT WITH CW DRIVER FOR PROGRAM MANAGEMENT SERVICES. [881731100-20091 Public Works Director Badum and Mayor Selich reported that CW Driver is the most qualified firm for the project and will be a great addition to the new City Hall team. Motion by Council Member Webb to approve a Professional Services Agreement with CW Driver, of Irvine, California, for Pre - Design Phase 1 program management services at a contract price of $233,660 and authorize the Mayor and the City Clerk to execute the Volume 59 - Page 57 City of Newport Beach City Council Minutes January 13, 2009 Agreement. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tent Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - Adjourned at 8:52 p.m. in memory of The agenda for the Regular Meeting was posted on Hall Bulletin Board located outside of the City of N The supplemental agenda for the Regular Meet' p.m. on the City Hall Bulletin Board locat o Administration Building. Mayor Volume 59 - Page 58 Scandone. y 7, 2009, at 4:15 p.m on the City Beach Administration Building. >sted on January 9, 2009, at 2:46 of the City of Newport Beach Secretary