HomeMy WebLinkAbout01 - Minutes - 04-14-2009Agenda Item No.
April 28, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
April 14, 2009 — 4:00 p.m
I. ROLL CALL
Present: Council Member Henn, Mayor Pro Tem Curry,
Gardner, Council Member Daigle
Excused: Council Member Rosansky, Mayor Selich
Mayor Selich arrived at 4:08 p.m. and Council I
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE C I
In response to Council Member Daigle's questi
Project (Item 22), City Manag udau indicated
include a dog park in the proje
Council Member Gardner note that
Project has been completed (Item ). I
system is online, it can detect w Is 1
been realized; ho r, more impro
Council Me r We indicated tha
OCTA .e e M nvironmental
Consery Regar ng Potential Ban
2. UPDATE
arrived
CALENDAR.
Council Member
P.m.
ing the City Hall and Park
Council's decision whether to
Traffic Signal. Modernization
c Works ector Badum indicated that the
•e bad, and some improvements.have already
will occur over time.
will be pulling Item S24 (Letter of Support for
ation Funding Request from Banning Ranch
Ranch Purchase). during the regular meeting.
ISSUES.
irbor ces Di n Manager Miller provided a handout and utilized a PowerPoint
presentation discuss Upper Newport Bay dredging project and its relationship to
Lower Newpo I3ay, fun g options for the Lower Bay, and the status of the current
testing progra in the Lower Bay. He displayed a map of where most of the
contaminants a located and. where they are proposing to place the primary and
alternate Co ed Aquatic Disposal (CAD) sites. He emphasized the complexity of the
ect and g rated out the many agencies that would need to support the project.
ding I 13 on the evening agenda, he noted that geotechnical exploratory work is
nee e i to moving forward with the project. He reviewed the possible next steps in
the dev went decision process and indicated that the CAD project can be shovel ready
by Sep ber 2010.
Steve Cappellino, Anchor QEA, utilized a PowerPoint presentation and reported that
Anchor QEA was hired to develop a concept plan for contaminated disposal. He
discussed the pros and cons of the following options: 1) creating an on -site sediment
treatment facility, 2) utilizing future port fills, 3) conducting upland landfill disposals, 4)
taking the contaminated disposal to the Long Beach CAD site, and 5) creating a CAD site
in the Lower Bay. He displayed an illustration of a CAD cell and discussed the
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City of Newport Beach
City Council Study Session
April 14, 2009
differences in cost and the permitting process between using a CAD in Long Beach versus
creating a CAD in Newport Beach. He indicated that the timeline for the project would
vary depending on the type of equipment used and whether the project is phased. He
noted that filling the hole takes more time than excavating it and reported that the Port
Hueneme CAD site will take about six months to complete, but larger equipment was
used 2417. He discussed options to contain the contaminated ma al when placing it
into the CAD.
In response to Council questions, Harbor Resources Manager ler discussed the Rhine
Channel, explained the difference between design depth a authorized depth, reported
that the project would go to authorized depth, discussed ting with the U.S. Army
Corps of Engineers' Chief of Staff, Colonel Stephen Hil nd co ed that he is keeping
documentation between the City and the Environm 1 Protec Agency (EPA). He
noted that they are unsure if they should do a Mi ated Negative D ation (MND) or
an Environmental Impact Report (EIR). 134frarding costs; City ger Bludau
indicated -that this project will be brought p d g budget discussio However,
Harbor Resources Division Manager Mill uspe d that the City would robably be
contributing toward the cost of-designin a pr ct, doing the environmental work, and
constructing the CAD site. He noted th d be easier for the Federal government
to assist with funding if the City had mone t aside in its 2009.2010 budget for the
project.
III. PUBLIC COMMENTS - None
IV. ADJOURNMENT - 5:13 p.m.
The agenda for the Study Session wa Vosted April 2009, at 11:15 a.m on the City
Hall Bulletin Board located outside ty of Newport Beach Administration
Building.
City Clerk
Recording Secretary
Mayor
Volume 59 — Page 124
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 14, 2009 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:13 p.m.
A. Conference with LeQa
la
C.
(s)1_ Six matters:
1. Concerned Citizen's
2. Pacific Shores u.
AG (PLax)
s
3. Sober Living 'h
4.
5.
1.
City of Newport
: Shores v.
iment - Calif
Investigation
of,wport Beach,
NO,
Sea v. Cii Newport Beach, U.S. District Court Case
Recovery, Orange County Superior
I Beach, U.S. Department of Housing and Urban
Investigation No. 09 -08- 0592 -8; U.S. Department of
y u. City of Newport Beach, Housing and Urban
Investigation No. 09- 09- 0713 -8
One matter:
Pottial exposure to litigation based upon specific facts and circumstances arising
out if the denial of Newport Coast Recovery, LLC's application for a Use Permit.
- ru■Mcapacea One matter:
1. Potential initiation of litigation against the City of Irvine for violation of the
Brown Act and the California Environmental Quality Act when adopting
regulation changes in the Irvine Business Complex regarding Accessory Business
Uses.
D. Public Employee Performance Evaluation (Government Code § 54957(b)(1)):
Title: City Manager
E. Conference with Labor Negotiators (Government Code § 54967.6):
Volume 59 - Page 125
City of Newport Beach
City Council Minutes
April 14, 2009
Agency Designated Representatives: Terri Cassidy, Human Resources Director
Emnlov(j, Organization: Lifeguard Management Association
III. RECESS
IV. RECONVENED AT 7_00 P.M..FOR REGULAR..MEETING
V. ROLL CALL
Present: Council. Member Henn, Council Member Rosansky,,
Council Member Webb, Council Member Gardners
VI. CLOSED SESSION REPORT
Regarding Closed Session Item C -1, City Attor unt repo
counsel to file suit against the City of Irvine garding the 1
business uses. a
VII. PLEDGE OF ALLEGIANCE - Coun Mem r Daigle
VIII. 11 - Frank Carpenter
DI. PRESENTATIONS m,
Presentation by the Volunte:
Million Mark With of Volunte i
and Malcolm Reid presented Mayo
Eco- Fabulous en Sponsorsh
and Ana Rot ell invi d residents
on May 9 at Newp Coast Con
Pro Tern Curry, Mayor Selich,
Member Daigle
that Council authorized outside
Complex's accessory
in Recognition of Achieving the $1
ein introduced the police volunteers
1 million worth of volunteer hours.
aside the Outdoors Foundation - Meghan Barron
d the Eco - Fabulous Fashion Show and Lifestyle Event
Center.
:)a�ch, anistan National Water Polo Team utilized a
e history, goals, vision, growth, partnership, hosting
of hos mg the team. He suggested that residents visit
for more informatidn.
APPEAL HEARING OFFICER'S DENIAL OF USE PERMIT (UP2008 033) -
V�E BALBOA BOULEVARD (NEWPORT COAST RECOVERY) (PA2008-
ued from 3124109). []00 -2009, Hunt stated that the hearing tonight is for Council to review the record and
mination as to whether there is substantial evidence to support the Hearing
Officer's findings. He noted that the evidence acquired after the close of the hearing is
not admissible and cannot be considered by Council in making a determination on the
appeal; however, if the evidence could not be reasonably presented during the hearing and
is relevant, Council has the option to remand it back to the Hearing Officer for
consideration.
Chris Brancart, attorney for the appellant, asked Council to vacate the Hearing
Officer's decision and recommended that the use permit be granted with a 14 bed limit.
He expressed the opinion that the newly acquired evidence should not be remanded to the
Hearing Officer because there is no substantial evidence as to the adverse impacts
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City of Newport Beach
City Council Minutes
April 14, 2009
and only speculation based on discriminatory stereotypes and anecdotes was presented.
Assistant City Manager Kiff believed that that the Hearing Officer formulated his findings
based on substantial evidence listed in the record.
Kit Bobko, outside counsel, discussed the evidence that was presented to the Hearing
Officer and believed that the evidence is not anecdotal. He urged Council to remand the
newly acquired evidence to the Hearing Officer and stated that the Hearing Officer is the
appropriate person to hear the newly acquired eviden He indicated that the issue is a
land use issue.
Mayor Selich opened the public hearing.
Dick Nichols stated that the facility is
the closeness to schools, and noted that
the area. 1
Larry Mathena indicated
petitions, the number of fa
;ral du its size, expressed concern about
e is an o oncentration of group homes in
presented at th aring included a video,
and ongoing compl
Mus oyle ez believed that ere is overconcentration in the area.
ran tate ce ntration does not constitute a finding that would justify
en a us ermit and ed that the Hearing Officer is not the correct person to
decide new cquired evidence. He asked Council to vacate the Hearing Officer's
decision a to ap a staffs original recommendation to allow a 14 bed facility.
Mayor Selic closed th public hearing.
im Markin , outside counsel for the City, recommended that Council remand only the
ly acq ed evidence on the basis that the applicant be given the opportunity to
ex in, gree, or rebut the information. He stated that the Hearing Officer can judge it
and whether to include it in a resolution, and then the item can be brought back to
Counc so that it could be included in the record.
In response to Council Member Henn's question, City Attorney Hunt clarified that Council
needs to consider all of the evidence from the hearing.
Motion by Council Member Henn to remand the matter to the Hearing Officer to only
consider the newly acquired evidence.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
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City of Newport Beach
City Council Minutes
April 14, 2009
XVII. CONTINUED BUSINESS
22. NEW CITY HALL AND PARK PROJECT: CONSIDERATION AND APPROVAL OF
CONCEPT DESIGN, DIRECTION FOR SCHEMATIC DESIGN PHASE. 1100 -20091
Assistant City Manager Kiff introduced the design team and noted that an additional
handout was provided tonight.
Greg Mottola and Sarah Kuebl, Bohlin Cywinski_:Jackson, utilized a PowerPoint
presentation to illustrate the updated site plan, landping, view plane, garage parking,
circulation, event capacity, entry points, park am ties, parking, the dog park, existing
topography, the library expansion, lighting, and initial floor plan.
In response to Council questions, Assist
staff has not considered automated p-
covered with a trellis to shield the
headlight glare from cars, provid in
stated that a dog park would ed to
meadow and natural areas, a h
different elements to consider r iv
that the current recommendation doe
but does include restro&u access from tl
Robert Shaver, CW
ity Ma er Kiff and Mr. Mottola stated that
ng, noted half of the garage parking is
e view of the k and possibly mitigate the
Nation on differ Nanda of lighting fixtures,
fenced, highliglocation of the grass
ire are no guidelig parks but there are
to maintenance thetics, and reported
include a restroom on the north side of the park
Lutside of the community room.
the coststimate for the roof trellis is $2 million.
curre ncep 1 plan and wliether there will be an opportunity to reconsider some of the
project a ents. ayor Selich stated that the schematic design phase will start in the
fall and s e of th " ements can be phased or removed at that time. Council Member
Webb belie d that structure will be used for at least 50 years, there needs to be
expansion portunities, and it is not wise to restructure the new City Hall to meet a
dollar amo t versus meeting the needs of the community.
spon Council Member Rosansky's questions, City Manager Bludau stated that the
Fac a inancing Plan is predicated on the economy, estimates, and different project
costs. yor Pro Tern Curry noted the policy that uses a percentage of the General Fund
budget for capital improvement projects. He agreed that the City Hall and park
project may end up deferring projects like Sunset Ridge Park, Marina Park, the new police
station, and the Corona del Mar library.
Mayor Selich opened the public hearing.
Barry Allen expressed concern about the newly added elements. He urged Council to build
the park and City Hall at the same time and not phase the project.
Dick Nichols expressed concern about traffic circulation, the accessibility to the parking
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City of Newport Beach
City Council Minutes
April 14, 2009
structure, and that City Hall will not be visible from the street.
Denise Woltmath expressed appreciation for the changes that assist with maintaining the
view plane, asked Council to continue monitoring the lighting, and believed that City Hall
and the park should be built at the same time.
Debra Allen expressed appreciation for the protection of the view plane and suggested that
the area be designed to be people-friendly-
Ron Hendrickson expressed appreciation for th ^ rogress, stated that the cost
concerns that Council Member Henn expresse a appropriate, believed that an
orientation process for Council is needed, noted at the library expansion is important,
and indicated that current building costs are 1
Karen Tringali stated that it is impera ' hat need a balanced, thanked Council and
staff for allowing residents to provide ' ut and feedbac d asked Council not to phase
the project. A
Jan Vandersloot expressed
community input.
Rush Hill stated that the
forward with the En
opportunities for ChaAare
expensive if changes n
In response to Council Men
refineme pends on
accord n tto p jest square
Laura
to the designers being responsive to
3rtan of approving the conceptual plan is to move
Impact ort (EIR). He noted that there are adequate
the schem design phase and indicated that it will be
he des, velopment phase.
ie, qu , Mr. Hill stated that the time needed for
elements. added that project costs will differ
e, details, and methods used. He urged Council not to
this time.
about the number of private office spaces being
a dog park.
Mayor i'ch cWW the public hearing.
Mayor SelI
sugge that the Building Committee take another look at office space
sizes, usag circulate , public counters, and entries. Council Member Henn offered to
contribute the process by forwarding the Building Committee his specific concerns and
Motion b . Council Member Gardner to a) approve the proposed Concept Design for the
City and Park Project, as proposed; b) direct the Building Committee to take another
look a s e use of the office space for sizes; usage, and circulation; and c) direct staff and
the design team to begin the Schematic Design phase, planned to end in November 2009
with the certification of the City Hall and Park Environmental Impact Report (EIR).
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
X NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
Volume 59 - Page 129
City of Newport Beach
City Council Minutes
April 14, 2009
WOULD_ LIKE __PLACED ON A FUTURE.AGENDA FOR ACTION OR
REPORT (NON- DISCUSSION ITEM1;
Council Member Gardner announced that people can purchase a license plate from the California
Department of Motor Vehicles (DMV) whose proceeds will assist with funding art programs in
schools.
Council Member. Webb announced that the Newport Beach Film Festival runs from April 23 to
April 30 and stated that the closing event will feature "500 Da of Summer," which was directed
by his nephew.
Council Member Henn congratulated the Police Depart t for finishing in fast place in the Las
Vegas to Bakersfield run for the fifth year in a row e o announced that the Relay for Life
Event will be held on May 16 to May 17 at New Harbor ' h School and noted that the City
Council once again will be participating as the it Critters.
Council Member Rosans
ky invited reside to a nd the beach c up day at 11:00 a.m. on
Saturday, April 18, at McFadden Squar
Mayor Pro Tem Curry announced that he a ity Manager Bludau travele'a to Okazaki, Japan, to
celebrate the 25th Anniversary of the Sister C relationship. He stated that he rode in the cherry
blossom parade, spoke to 150 J or high studen toured the library, and toured an elementary
school.
t
XII. CONSENT CALENDAR
A. READING MINUTE RINI CES ... RESOLUTIONS
1. NU S OF TH MEETING AND ADJOURNED REGULAR
MEET NG OF MAR fGULAR
4, 2009. [100 -2009] Waive reading of subject minutes,
pro a as written and r filed.
I y1NCES AND RESOLUTIONS. [100 -80091 Waive
full of a "dinances and resolutions under consideration, and direct
o read by title only.
3. IR NE TERRACE LANDSCAPE IMPROVEMENTS - AWARD OF
O TRACT (C- 3865). [381.100 -80091 a) Approve the project plans and
C p cations; b) award the contract (C -3865) to Tal Cal Engineering, Inc. for the
to bid pricct; e of $88,982.00, and authorize the Mayor and City Clerk to execute
contra and c) establish $8,900.00 (10 %) to cover construction contingency.
4. 2008 -2009 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF
CONTRACT (C- 4086). [381100 -80091 a) Approve the project plans and
specifications; b) award the contract (C -4086) to Pavement Coatings Company for
the total bid price of $463,100.00, and authorize the Mayor and City .Clerk to
execute the contract; and c) establish an amount of $46,000 to cover the cost of
unforeseen work_
5. TRAFFIC SIGNAL MODERNIZATION PHASE 1 CONSTRUCTION -
COMPLETION AND ACCEPTANCE (C- 3975). [381100 -80091 a) Accept the
completed work; b) authorize the City Clerk to file a Notice of Completion; c)
Volume 59 - Page 130
City of Newport Beach
City Council Minutes
April 14, 2009
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.
6. TRAFFIC SIGNAL MODERNIZATION PHASES 2 AND 3 CONSTRUCTION
- AWARD OF CONTRACT (C-3976).[381100-20091 a) Approve the project plans
and specifications; b) award the contract (C -3976) to C.T. & F., Inc. for the total
bid price of $520,299.47, and authorize the Mayor and City Clerk to execute the
contract; and c) establish an amount of 000 (15 %) to cover the cost of
unforeseen work.
7. WESTCLIFF STREET LIGHT
AND ACCEPTANCE. [381100 -,E
the City Clerk to file a Notice of
the Labor and Materials bond'.
recorded in accordance wi�t ppl
the Faithful Performanceeond on
8. CONTRACT FOR
AGREEMENT BE]
file notice of pe4
to execute an
Community Dis
tE EMENT (C -3868) - COMPLETION
a) A t the completed work; b) authorize
pletion; c thorize the City Clerk to release
days after th otice of Completion has been
ble portions o Civil Code; and d) release
year after Council ptance.
IENTAL CONSULTIM SERVICES AND
CITY OF NEWPORT BEACH AND COAST
3ICT (C4184). [381100 -20091 a) Receive and
authorize the City Manager and City Clerk
e he City of Newport Beach and Coast
9. COUNTY OF OR Zounty's RbGRAM (CAP) AGREEMENT FOR
nFP YEAR 2 (C- 401 . [38/100 -P009J Approve the agreement
ge the County ge and the City of Newport Beach as required for
tion in the Proposition 42 City Aid Program (CAP), and
utho ` e the Mayor an
IN
City Clerk to execute the agreement.
P ER.14CES AGREEMENT WITH LSA ASSOCIATES, INC.
O RON AL SERVICES ON THE CITY HALL AND PARK
VE MENT PLAN (C-4141).[381100-20091 Approve Amendment No- 2 to
t Profe al Services Agreement with LSA Associates, Inc., and authorize the
Ma rand Clerk to execute the amended agreement.
11. EM RGENCY REPAIR OF OIL PRODUCTION WELL NO. 11 (C- 4174).
[3 00 -20091 Approve the Letter Agreement with Oil Well Service Company for
em ' gency repair services to repair Oil Production Well No. 11.
13. >f' OFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL SOILS
VALUATION AS PART OF A CONCEPTUAL DESIGN PLAN FOR A
CONFINED AQUATIC DISPOSAL (CAD) SITE IN NEWPORT HARBOR (C-
4179). [381100 -20091 a) Authorize the Mayor and City Clerk to execute a
professional services agreement with Anchor QEA to conduct a geotechnical soils
evaluation for a possible Confuted Aquatic Disposal (CAD) site in Newport Harbor;
and b) approve a budget amendment (09BA -047) taking $61,600 in unappropriated
General Fund reserves and assign these funds to Capital Improvement Project
#7014- C4402001 (Newport Harbor Dredging Project).
C. MISCELLANEOUS
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City of Newport Beach
City Council Minutes
April 14, 2009
)III.
14. APPOINTMENT TO THE MEDIA AND COMMUNICATIONS
COMMITTEE. 1100 -20091 Confirm Mayor Selich's appointment of Council
Member Rosansky to the Media and Communications Committee.
15. AWARD THE PURCHASE OF SCOTT HUSH AIR COMPRESSOR. [100-
20091 Award the purchase of Scott Hush Air Compressor to Allstar Fire
Equipment, Inc. for the total cost of $41,747.30.
16. PURCHASE OF SCOTT AIR PACK EQUIPMENT AND PARTS. [100- 20091
Award the purchase of Scott Air Pack F.q ment and Parts to Allstar Fire
Equipment, Inc. for the total cost of $54,242
17. PURCHASE OF COMMUNICATI SUITES FOR NEW PARAMEDIC
VANS. [100 -20091 a) Authorize th urc of radios, mobile data computers,
GPS trackers and miscellaneous a tunic eq ent from several vendors for two
new paramedic vans; and b) a jrove a budget endment (09BA -046) to transfer
$29,800 from Paramedic R, rve and (010 -373 2340 -9300, and increasing
expenditure appxopriatiov $290 in 2340 -9300.
motion carr by t llowing' roll call vote:
Council Me r He ouncil Member Rosansky, Mayor Pro Tent Curry, Mayor Selich,
CouncIl Mem r Webb, uncil Member Gardner, Council Member Daigle
12. C ON DEL MAR CONCESSION (FUJI GRILL) - AMENDMENT TO
CO ION AND LEASE AGREEMENT (C-4017).[100-20091
In response to Laura Curran's questions, Council Member Rosansky clarified that the base
rent will be reduced but Fuji Grill is required to pay percentages against the base. He
noted that the operator has invested money into the property and is a quality operator.
Motion by Mayor Pro Tem Curry to authorize the Mayor and City Clerk to execute the
Third Amendment to the Corona del Mar State Beach Concession and Lease Agreement.
The motion carried by the following roll call vote:
Volume 59 - Page 132
City of Newport Beach
City Council Minutes
April 14, 2009
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that she attended the Orange County Sanitation District meeting
and noted that they will be amending the regional permit which she will provide to Council for
review.
Council Member Gardner reported that the Coastal/Bay WyaterAuality Committee will be bringing
a Miocean proposal before Council to fund visual screens s caches could display messages, surf
and tide conditions, and other educational information.
Regarding group residential uses, Council Member n r ted that there is a study in progress
relative to use permit hearings and provided the edule for wing hearings. He also reported
that the Hearing Officer denied a reasonab ccommodation quest from Pacific Shores on
March 25.
Mayor Pro Tem Curry reported that as a °inted to the Orange ty Parks Commission
and stated that he looks forward to ass a responsibilities.
XV. PUBLIC HEARINGS - continued
21. REVIEW OF THE UNITY D LOPMENT BLOCK GRANT (CDBG)
FISCAL YEAR 2009 -2 0 AR AC PLAN FOR SUBMISSION TO THE
U.S. DEPARTMENT O H ND N DEVELOPMENT (HUD). [100-
20091
Econom' a opment Coor r Bowden stated that, besides the applications received
for p c se provider fu ng and the standard Capital Improvement Projects (CIP),
the ceived CIP applicatio from Seaview Lutheran Plaza for $175,000 to replace a
deterio d umbing syste Staff believed that the more appropriate funding
mechani e City's ordable Housing Fund.
In res a to uncil Member Daigle's questions, Assistant City Manager Wood stated
that the 'eu f to preserve affordable housing will help the City meet the low income
housing a ent re ' ement. Economic Development Coordinator Bowden stated that
the action wo need to be amended if and when the City receives $93,000 of
stimulus m ey. Council Member Rosansky expressed support and noted that he would
like more' rmation on the issue.
fiber believed that the funds should be used to assist developers for newly-
affordable housing.
Charleg R. Gross, President of Seaview Lutheran Plaza, introduced board members in
attendance and provided the Plaza's history, construction information, and rental
process. He indicated that the strategic plan should include information about how to build
and maintain affordable housing in the City.
Motion by Council Member Dai le to a) approve the 2009 -2010 CDBG Action Plan; b)
authorize the City Manager or his designee to execute the FY 2009 -2010 CDBG Program
Grant Agreement and all related documents on behalf of the City; and c) adopt Resolution
No. 2009 -17 authorizing the City Manager to submit the FY 2009 -2010 application for
CDBG funds and One -Year Action Plan to HUD.
Volume 59 - Page 133
City of Newport Beach
City Council Minutes
April 14, 2009
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
XVI. PUBLIC..COMMENTS
Lloyd Eichert stated that he is currently working on replicating a 1951 City of Newport Beach
police car. He indicated that he is in the process of raising funds and requested that donations be
sent to the Police Department with a reference to the Police Car1roiect.
XVIII. CURRENT BUSINESS
23. IMPLEMENTATION OF CALPERS
LIFEGUARD SAFETY EMPLOYEE
UNDERSTANDING (JULY 2006 - DE
Human Resources Director
(MOU) was previously appr4
that the 3% at 50 formula %
She also stated that the imI
City $135,000.
In response to Council ns, Human
contractual obligation t two y
of the contract. City A ney
agreement or be in breach contract.
CalPERS
ist 2009.
R ENT FORMULA (3 %@50) FOR
ER TIFIED MEMORANDUM OF
ER 20 100 -20091
Xs�r d that the Me Nrecalc m of Understanding
part of the on process and noted
to be implementeDecember 31, 2008.
cost needed to be ted and will cost the
es Director Cassidy stated that this is a
and was not done prior to the expiration
t Council will need to approve the
Actuary, clarified that the amount will not
Motio_, Ma or Selich to adopt Resolution No. 2009 -18 relating to the City's
intention a amendm t to the contract between the Board of Administration
a ' a Pub Retirement System (CalPERS) and the Newport Beach
City c$ uthorize a " 0@50" retirement formula for speed Lifeguard Safety
employe wit lu the Fire Department; and b) introduce Ordinance No. 2009 -10
authorizin n amen{ ent to the contract between the City Council of the City of Newport
Beach and a Boar Administration of the California Public Employees' Retirement
System (Ca RS), and pass to second reading on May 12, 2009.
e motion 'Tried by the following roll call vote:
Aye ou r: Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb,
cil Member Gardner, Council Member Daigle
Noes: uncil Member Rosansky
XIM MOTION FO$RECONSIDERATION - None
XX- ADJOURNMENT - Adjourned at 10:45 p.m. in memory of John Allen Standage, Audrey
McIntosh, and John McIntosh
The agenda for the Regular Meeting was posted on April 11, 2009, at 3:30 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building. The amended agenda for the Regular Meeting was posted on April 13, 2009, at
3:38 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach
Volume 59 - Page 134
City of Newport Beach
City Council Minutes
April 14, 2009
Administration Building.
Volume 59 - Page 135
Agenda Item No. 1
April 28, 2009
CITY OF NEWPORT BEA
(k
City Council Minutes
Regular Meeting
April 14, 2009 — 7:00 p.m.
STUDY SESSION - 4:00 p.m.
CLOSED SESSION - 5:13 p.m.
A. Conference_. with. Legal . Counsel..
54956.9(a Six matters:
1. Concerned Citizen's u. City of
SACV_08_00192 -JVS (RN_B_.x)
2. Pacific Shores u. Newp jv
00457.AG (PLax)
3. Sober Living By The Sea
City of Newport
Court Case No, S_ ACV 08-
Beach, U.S..District_Court.Case
Recovery, Orange Caunty. Superior
U.S. Department of Housing and Urban
on No. 09 -08. 0592 -8; U.S. Department of
ry v. City of Newport Beach, Housing and Urban
- Investigation No. 09 -09- 0713 -8
Mure to litigation based upon specific facts and circumstances
the denial of Newport Coast Recovery, LLC's application for a Use
ntial initiation of litigation against the City of Irvine for violation of the
Brown Act and the California Environmental Quality Act when adopting
regulation changes in the Irvine Business Complex regarding Accessory Business
Uses.
Title: City Manager
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City of Newport Beach
City Council Minutes
April 14, 2009
Agency.Designated Representatives:
Lifeguard Management Association
Council Member Henn, Council Member
Selich, Council Member Webb, Council Mec
Regarding Closed Session Item C -1, City Attorney Hilt
counsel to file suit against the City of Irvine regarding
INVOCATION - Frank Carpenter
Presentation by the
Million Mark With c
and Malcolm Reid press
Eco- Fabulous Event Sp
and Ana Rothwell invited
Event on May 9 at the Nem
Mayor
it authorized outside
Complex's accessory
W ''`" - ) in Recognition of Achieving the $1
hief Klein introduced the police volunteers
check for $1 million worth of volunteer hours.
the Outdoors Foundation - Meghan Barron
the Eco - Fabulous Fashion Show and Lifestyle
Afghanistan Ns
ed the history, go
costing the team.
more information.
PARING OFFICER'S DENIAL O]
,BOA BOULEVARD (NEWPORT
from 3 /24109). [100 -2009]
4o Team utilized a
, partnership, hosting
that residents visit
PERMIT (UP2008-033) -
P RECOVERY) (PA2008-
y Hunt stated that the hearing tonight is for Council to review the record
in a determination as to whether there is substantial evidence to support the
ing Officer's findings. He noted that the evidence acquired after the close of the
h ing is not admissible and cannot be considered by Council in making a determination
pn the appeal; however, if the evidence could not be reasonably presented during the
hearing and is relevant, Council has the option to remand it back to the Hearing Officer
for consideration.
Chris Brancart, attorney for the appellant, asked Council to vacate the Hearing
Officer's decision and recommended that the use permit be granted with a 14 bed limit.
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City of Newport Beach
City Council Minutes
April 14, 2009
He expressed the opinion that the newly acquired evidence should not re d to
the Hearing Officer because there is no substantial evidence as to the se s
and only speculation based on discriminatory stereotypes and anecdotes esen
Assistant City Manager Kiff believed that that the Hearing Officer fo his
findings based on substantial evidence listed in the record.
Kit Bobko, outside counsel, discussed the evidence that was pres g
Officer and believed that the evidence is not anecdotal. He urged cil and e
newly acquired evidence to the Hearing Officer and stated th a fficer is the
appropriate person to hear the newly acquired evidence. H to he issue is a
land use issue.
Mayor Selich opened the public hearing.
Dick Nichols stated that the facility is inte F o its expressed concern about
the closeness to schools, and noted that ther s con tration of group homes in
the area. "ts
Larry Mathena indicated that the
petitions, the number of facilities in
Louise Fundenberg, President of
Council to deny the use permit.
Denys Oberman stated that
provided addresses of the
facilities within 30 et of
to the Hearing Offs t w�
Sarah Abraham
presenteaWhe hearing included a video,
and ongoing complaints.
Balboa Community Association, urged
t toncentration of facilities on the Peninsula,
he area, and noted that there are four
e summarized evidence that was documented
in the staff report.
the citizens and homeowners in the area.
Mustafa Soylemez b ed ere is overconcentration in the area
Mr. Bran cart erconcentration does not constitute a finding that would
justify den " it and believed that the Hearing Officer is not the correct
person to y acquired evidence. He asked Council to vacate the Hearing
Officer' de n o approve staffs original recommendation to allow a 14 bed
facili
May 1 osed the public hearing.
outside counsel for the City, recommended that Council remand only the
ed evidence on the basis that the applicant be given the opportunity to
gree, or rebut the information. He stated that the Hearing Officer can judge
whether to include it in a resolution, and then the item can be brought back
for consideration of the appeal.
response to Council Member Henn's question, City Attorney Hunt clarified that
mcil needs to consider all of the evidence from the hearing.
Motion by Council _Membgr.Henn to remand the matter to the Hearing Officer to only
consider the newly acquired evidence.
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City of Newport Beach
City Council Minutes
April 14, 2009
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro I
Selich, Council Member Webb, Council Member Gardner, Council
XVII. CONTINUED BUSINESS
22. NEW CITY HALL AND PARK PROJECT: CONSIDERN
OF CONCEPT DESIGN, DIRECTION FOR SCHEMATIC
2009)
Assistant City Manager Kiff introduced the design team
handout was provided tonight.
Greg Mottola and Sarah Kuehl, Bohlin C
presentation to illustrate the updated site pl
circulation, event capacity, entry points, par@
topography, the library expansion, lighting, and
In response to Council questions,
that staff has not considered automI
covered with a trellis to shield the
headlight glare from cars, provided
stated that a dog park would need
meadow and natural areas, stated t
are different elements to cons'
that the current recommends
park but does incl c
additional
,' 4zed a PowerPoint
aw plane, garage parking,
rig, the dog park, existing
plan.
City Ma Kiff and Mr. Mottola stated
mg, noted at half of the garage parking is
Lew of the deck and possibly mitigate the
on different types of lighting fixtures,
highlighted the location of the grass
no guidelines for dog parks but there
maintenance and aesthetics, and reported
iclude a restroom on the north side of the
e outside of the community room.
Robert Shaver, CW Ilr . tat" he cost estimate for the roof trellis is $2 million.
Council Member Dai aff and the design team for their hard work and stated
that it is importa ha resident concerns are addressed. Council Member
Gardner stated that is consistent with the proposed amount and believed that
the budget brea be made clear.
Council M aised reservations about the increase in the cost since the
incepti of 'ect. He believed that spending this amount of money for the project
could d of other projects of equal importance to residents. He asked if the
desi g is based on the current conceptual plan and whether there will be
an o to reconsider some of the project elements. Mayor Selich stated that the
m gn phase will start in the fall and some of the elements can be phased or
at time, and that cost reduction opportunities will be considered. Council
IffVesponse Council Member Rosansky's questions, City Manager Bludau stated that the
Facilities Financing Plan is predicated on the economy, estimates, and different project
costs. Mayor Pro Tern Curry noted the policy that uses a percentage of the General Fund
budget for capital improvement projects. He agreed that the City Hall and park
project could end up deferring projects like Sunset Ridge Park, Marina Park, the new
police station, and the Corona del Mar library.
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City of Newport Beach
City Council Minutes
April 14, 2009
Jan Vandersloot expressed apprec%14IWe designers for being responsive to
community input.
Laura C d concern about the number of private office spaces being
propo d oned the need for a dog park.
the public hearing.
suggested that the Building Committee take another look at office space
circulation, public counters, and entries, as well as overall value engineering
t. Council Member Henn offered to contribute to the process by forwarding
Committee his specific concerns and issues.
Won by Council Member Gardner to a) approve the proposed Concept Design for
me City Hall and Park Project, as proposed; b) direct the Building Committee to take
other look at the use of the office space for sizes, usage, and circulation; and c) direct
staff and the design team to begin the Schematic Design phase, planned to end in
November 2009 with the certification of the City Hall and Park Environmental Impact
Report (EIR).
Volume 69 - Page 129
City of Newport Beach
City Council Minutes
April 14, 2009
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro 'I
Selich, Council Member Webb, Council Member Gardner, Council
X. NOTICE TO THE PUBLIC
XI. CITY_COUNCIL ANNOUNCEMENTS OR_MATTERS
WOULD LIKE PLACED ON A__FUU J� RE _AGENDA F
REPORT (NON- DISCUSSION ITEM
Council Member Gardner announced that people can purchase a lice to a California
Department of Motor Vehicles (DMV) whose proceeds wi wi ding art programs in
schools. A ..,.
Council Member Webb announced that the Newpo ilm val runs from April 23 to
April 30 and stated that the closing event will £eatur s of mer," which was directed
by his nephew.
Council Member Henn congratulated the P Department shing in first place in the Las
Vegas to Bakersfield run for the fifth year ow. He also a nounced that the Relay for Life
Event will be held on May 16 to May 17 at rt Harbor High School, noted that the City
Council once again will be participating a cil Critters, and urged all residents to
support this worthy cause.
an elementary school.
)9I. CONSENT CALENDAR
2. NG OF ORDINANCES AND RESOLUTIONS. 1100 -20091 Waive
g in full of all ordinances and resolutions under consideration, and direct
Jerk to read by title only.
IRVINE TERRACE LANDSCAPE IMPROVEMENTS - AWARD OF
CONTRACT (C- 3865). [381100 -20091 a) Approve the project plans and
specifications; b) award the contract (C -3865) to Tal Cal Engineering, Inc. for the
total bid price of $88,982.00, and authorize the Mayor and City Clerk to execute
the contract; and c) establish $8,900.00 (10 %) to cover construction contingency.
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City of Newport Beach
City Council Minutes
April 14, 2009
4. 2008 -2009 CITYWIDE SLURRY SEAL PROGRAM - WA OF
CONTRACT (C-4086). 1381100 -E0091 a) Approve the pr p d
specifications; b) award the contract (C -4086) to Pavement Co Co
for the total bid price of $463,100.00, and authorize the Mayor an ' r
execute the contract; and c) establish an amount of $46,000 to cov° -_ st of
unforeseen work.
13. PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL
Volume 59 - Page 131
City of Newport Beach
City Council Minutes
April 14, 2009
C.
524. Y NCIL LETTER OF SUPPORT FOR OCTA MEASURE "M"
i ENTAL MITIGATION FUNDING REQUEST FROM
NG RANCH CONSERVANCY REGARDING POTENTIAL
ING RANCH PURCHASE. [100 -20091 The City Manager recommends
raft letter of support for the Banning Ranch Conservancy's request be
to approve the Consent Calendar, except for the item
carried by the following roll call vote:
Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
Volume 59 - Page 182
City of Newport Beach
City Council Minutes
April 14, 2009
XIII.
XIV
XV.
ITEMS REMOVED FROM THE_CONSENT._CALENDAR
12. CORONA DEL MAR CONCESSION (FUJI GRILL) - AM.
CONCESSION AND LEASE AGREEMENT (C-4017).[381100-20091
In response to Laura Curran's questions, Council Member
base rent will be reduced but Fuji Grill is required to pay pe
He noted that the operator has invested money into the
operator.
Motion,by Mayor Pro Tem_Curry to authorize the
the Third Amendment to the Corona del Mar Sta
Agreement. __
The motion carried by the following roll call
Ayes: Council Member Henn, Council Memb
Selich, Council Member Webb, Council
ORAL REPORTS FROM CITY.
Council Member Daigle reported that
meeting and noted that they will be
to Council for review.
Council Member Gardner reported
bringing a Miocean proposal before
messages, surf and tide concions, ai
Regarding group residentia
relative to use permit hey
reported that the Hearing
Shores on March 25 and a]
Boulevard.
Mayor Pro Tom C'
and stated that he
21.
the
to execute
and Lease
)r Pro Tem Curry, Mayor
Council Member Daigle
the Orange County Sanitation District
regional permit which she will provide
May Water Quality Committee will be
visual screens so beaches could display
al information.
ber Henn reported that there is steady progress
§d the schedule for upcoming hearings. He also
reasonable accommodations request from Pacific
able accommodation request for 900 West Balboa
Phe was appointed to the Orange County Parks Commission
assuming the responsibilities.
FM COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
2009 -2010 ONE -YEAR ACTION PLAN FOR SUBMISSION TO THE
[ENT OF HOUSING AND URBAN DEVELOPMENT (HUD). (100-
Development Coordinator Bowden stated that, besides the applications
for public service provider funding and the standard Capital Improvement
(CIP), they received a CIP application from Seaview Lutheran Plaza for
to replace a deteriorated plumbing system. Staff believed that the more
to funding mechanism is through the City's Affordable Housing Fund.
In response to Council Member Daigle's questions, Assistant City Manager Wood stated
that the in lieu funds to preserve affordable housing will help the City meet the low
income housing element requirement. Economic Development Coordinator Bowden
stated that the action plan would need to be amended if and when the City receives
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City of Newport Beach
City Council Minutes
April 14, 2009
The motion carried by the following roll call vote
XVI. PUBLIC COMMENTS
Lloyd Eichert stated that he is curr
police car. He indicated that he is in
sent to the Police DeoartmezA with a
XVIII. CURRENT BUSINESS
23. IMPLEMENTA
LIFEGUARD
icating a 1951 City of Newport Beach
funds and requested that donations be
Car Project.
LERS RETIREMENT FORMULA (3 %@50) FOR
)PEES PER RATIFIED MEMORANDUM OF
-DECEMBER 2008). [100 -2009]
Human Re our assidy reported that the Memorandum of Understanding
(MOU) wa e oved by Council as part of the negotiation process and noted
that the 3° was supposed to be implemented prior to December 31, 2008.
She al to the implementation cost needed to be recalculated and will cost the
City 0.
In re - questions, Human Resources Director Cassidy stated that this is a
c Vihc gation that occurred two years ago and was not done prior to the
con tract. City Attorney Hunt clarified that Council will need to approve
t ent or be in breach of contract.
"'Santos, CalPERS Senior Pension Actuary, clarified that the amount will not
until August 2009.
Motion by! Mayor Selich to a) adopt Resolution No. 2009 -18 relating to the City's
intention to approve an amendment to the contract between the Board of Administration
of the California Public Employees' Retirement System (CalPERS) and the Newport
Beach City Council to authorize a "3 %@50" retirement formula for specified Lifeguard
Safety employees within the Fire Department; and b) introduce Ordinance No. 2009 -10
authorizing an amendment to the contract between the City Council of the City of
Volume 59 - Page 134
City of Newport Beach
City Council Minutes
April 14, 2009
0
5.14
Newport Beach and the Board of Administration of the California
Retirement System (CalPERS), and pass to second reading on May 12,
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Curry, Mayor
Webb, Council Member Gardner, Council Member Daigle
Noes: Council Member Rosansky
MOTION_FOR RECONSIDERATION -None
ADJOURNME.N_T - Adjourned at 10:45 p.m. in memory of
McIntosh, and John McIntosh
The agenda for the Regular Meeting was pos
City Hall Bulletin Board located outside of tb
Building. The amended agenda for the Regul
at 3:38 p.m. on the City Hall Bulletin Board
Beach Administration Building.
Audrey
3:30 p.m. on the
Beach Administration
sted on April 13, 2009,
F the City of Newport
Volume 59 - Page 136