HomeMy WebLinkAbout01 - 11-24-2009 - MinutesAgenda Item No. l
December 8, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
November 24, 2009 — 3:30 p.m.
I. ROLL CALL AV
Present: Council Member Henn, Council Member naky, Mayor Selich, Mayor Pro Tem.
Curry, Council Member Webb, Council mb ardner, Council Member Daigle
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEM NT CONSENT C ' NDAR.
Regarding Item 4 [Appoint t o dward Reno to Enviro tal Quality Affairs
Committee (EQAC)], Council r Daigle clarified the name f the member.
City Manager Kiff nested that I 7 [Amendment of Municipal Code Title 19
(Subdivisions) and ' n of Inclusib' . Housing In -Lieu Fee] be continued to
the January .12, 2 0, ing; indi that further discussion will occur
regarding Item 16 (Ap val o otiated base of One Ladder Truck and Two
Fire Engines from Pie Man Inc. ° and requested to continue Item 18
(2010 Le Wee Wor eeme December 8, Item 23 [Cost Recovery
Ordi ce ter 3.3 Resolution and Master Fee Schedule] to a future
m mg, m 25 ( eal of Hearing Off`icer's Denial of Use Permits and
onablmodation - Yellowstone Women's First Step House, Inc.) to an
Adjo ned r Meeting December 2.
)Oer tem 5� and Maintenance Projects in Residential Districts
efor a
nicipal
a Fee),
irector po stated that a provision was added to require a zone change
the
Commission and Council. Regarding Item 18 (2010 Restaurant Weeks
eement), Assistant City Manager Wood stated that the planning for
r 2010 Restaurant Week will need to be started right away and believed
ng to go through the Request for Proposal (R.FP) process will not allow
time for preparation.
Council Member Gardner requested that the staff reports include a strikeout version
of amended information so Council can see the changes.
In response to Council Member Daigle's question, Economic Development
Administrator De Santis stated that anything created by the Business Improvement
District for Restaurant Week is the property of the City, as indicated in the contract.
2. RECREATION CONTRACT INSTRUCTION OVERVIEW. [7004009)
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City of Newport Beach
City Council Study Session
November 24, 2009
Recreation and Senior Services Director Detweiler utilized a PowerPoint
presentation and -discussed recreation contracts, independent contractors, the
benefits of using independent contractors, the types of classes and camps conducted,
City facilities, statistics,. participant enrollment, pertinent municipal codes,
contracting.procedures, and selection criteria of instructors-
In response'to Council questions, Recreation and Senior Services Director Detweiler
stated that the recreation programs are covering their overhead, OASIS programs
are expanding, and Park Patrol staff assists n bringing facility uses into
compliance. She noted that staff recognizes con ity and retention, believed that
the RFP process might be helpful in dealing some contracting issues, stated
that the process that the City uses for facih usage is similar to other cities, noted
that the overhead amount includes park nance, assured Council that there
are minimal issues pertaining to the u e of co ctors for recreation services, and
noted that people could rent City fa ' ies to cond lasses as long as they pay the
commercial rate. She also tha d. her staff for hard work and Council
Member Henn also compfimen star their ability t ork with a large number
of people, but have a minimmoun complaints.
3. SHELL HYDROGEN. STAT AT ATE
ROAD. f700 -20091
Shell Project Mans 'm Martin ut
the current energy s, the C
facts about hydroge fue vehicle
outreach.
In re to Council q s ' Mr. Mart stated that the neighbors around the
st n haves been notifige the study session and that there are about 12 stations
JAMBOREE AND JOAQUIN HILLS
a PowerPoint presentation that discussed
xua Fuel Cell Partnership Action Plan,
s, }}e station location, and community
4. WA T "MMITTE REPORT. f-100 -20091
Me ara, ChaifMW of the Summer Water Tax Exploratory Committee,
u a P Point presentation that included information about water taxis, the
Gener Plan, Coastal Program, objectives, the purpose of the Committee,
goals fo water service, the study's approaches and constraints, the need and
market pport, po ible grant sources, route systems, vessel types, selected systems
for comp 'sons, cities that currently have water taxis, maps, existing and potential
City an public docks, and financial estimates. He further discussed a pilot
rogra or 2010.
Member Gardner expressed concern about the use of public docks for
co etition of service and using the Lower Castaways parking lot for profit. She
suggested that a pilot program be conducted only in the Lower Bay area.
Mayor Pro Tem Curry thanked the Committee for their good ideas, believed that
water transportation is difficult, and expressed concern about funding for
the program.
Council Member Henn thanked the Committee for the information, expressed
concern for the ability to obtain RFP's for a one season pilot program, and suggested
that the report be directed to the Harbor Commission and the Economic
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City of Newport Beach
City Council Study Session
November 24, 2009
Development Committee (EDC) for further evaluation.
In -response to Council questions, •Mr. McNamara believed that potential operators
will:be more apt. to try the pilot program if they are allowed to use the public docks,
stated that. he - spoke with boat. manufacturers who are interested in a pilot
program; noted that no subsidized funding has been found, and stated that there are
parking and speed limit concerns in the Harbor.
Council: Member. Daigle expressed appreciation for the Committee's work.
Mayor. Selich expressed concern for the subsidy Aeded to operate the program and
believed it is not feasible.for a' private opera gnless funds are provided. However,
he believed that it is worth taking the next
Jack Tingley suggested using wate xis for re \he ams and expressed
concern about how docks are curre y being used.
Jim Mahoney stated that oper s a water ce on an on -call
basis, provided photos of -h oat, d discussed thnts for operating a
water taxi. He also noted th =time to travel albor is so long that
li� it is not profi table. He believed t the program would need to be subsidized.
Scott Smith expres u ' recidtion fo° a Committee's work and believed that the
cost is twice as muc s .in the rep because boats will need to comply with
the Americans with sahib t (ADA' wheelchair accessibility. He noted
that a Captain's license 'a needed v d th the pilot program will need to be at
least niri months long be fitab e,' believed that subsidy is needed. He
note a reviewed taxi services in other locations and stated that his
00 any w answer an if the'City provides one. He expressed the opinion that
progra will cost the a lot of money and believed that the operating capital
per ,ar w' be substantial.
DNS A' REATION OF A CHARTER UPDATE
City At ney _ provided a staff report and noted that the City Charter and the
Civil Se 'ce Ord' nce. are both over 50 years old. He added that there have been
substan ' 1 changes in the law and some aspects are unenforceable and not
consiste with current practices. He stated that the report includes a timeline
and a h of potential issues to address. He stated that, with direction from Council,
11' w' bring back a resolution to form the Commission.
Ma' Pro Tem Curry thanked staff for outlining the issues, expressed the
importance of the Commission to have actively involved citizens, believed the
timetable is appropriate, noted that Council has the final approval of issues to be
included on the ballot; and requested that the Commission be comprised of seven
members.
Council Member Webb suggested that the Commission be composed of 14 members
With two people from each District in order to ensure that all areas of the City are
properly represented..
Mayor Selich believed, that too many members could complicate the ability to get
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City of Newport Beach
City Council Study Session
November 24, 2009
work done.
In response to Council Member Daigle's question, City: Attorney Hunt stated
that the City Charter presently prohibits the sale of any bayfront property; however,
the proposed Charter Update Commission can address the issue with the approval of
Council.
Council Member Henn stated that he is in favor of keeping the number of members
in the Commission to seven, stated that having a 1 ge group will cause scheduling
issues, and expressed support for having all seven,lotricts represented.
Council Member Rosansky expressed s
seven if the Commission focuses on the
have one or two non - voting Council Me,
Gardner concurred with Council Menibi
Mayor Pro Tent Curry
expressed support for 1
meetings.
keeping the number of members to
led and added that he would like to
Old the meetings. Council Member
ief that a smWer group is better and
non - voting CoW4VjI Member attend the
City Attorney Hunt stated that a vision can be included to state that the Charter
Update Commissi is required o, de recommendations to Council before
engaging in any dis of issues ou a of the list -
City Attorney Hunt s d tha would _ add one item to the list that would
modify Charter Section 4.01 pe oil ell drilling. Council Member Webb'
expresse support for a pro sed C modification of Section 14.01 and
Coun " her Rosans s d that he preferred to have a full analysis from the
Ci Attor y's Office a the potential impacts of oil drilling on the Banning
ch pm rty prior to Commission's evaluation. City Attorney Hunt stated
th taff d provide the alysis the first meeting in January- Council Member
Henn i the City n ds to address the issues of oil drilling and be flexible
ow -owne managed. He assured the public that the City is
no n out expandin . the ability to drill for oil in other locations of the City,
but i e Cit current oil locations and Banning Ranch.
6. STATU OF TH IL EASEMENT ISSUES. (731100 -2009]
City Ma ger Kiff provided a staff report that included the history and background
of agree ents between the City and residents and stated that staff is asking for
Lhrectioporn Council regarding future dealings.
Re a Manager Everroad utilized a PowerPoint presentation that included the
sub face. pass - through agreements, maps, easement payments, who the City
should pay, easement agreement issues, and resolutions to current issues. He stated
that staff is recommending.. that the City purchase the easements from the. residents
which will end yearly payments.
Council Member Rosansky thanked staff for their work in locating the owners,
believed that one appraisal is enough, and stated that purchasing the easements is a
good solution. Mayor Selich agreed that it makes sense to purchase the agreements.
III. PXMLIC COMMENTS - None
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City of Newport Beach
City Council Study Session
November 24, 2009
IV. ADJOURNMENT - 5:33 p.m.
The agenda for the Study Session was posted on November 18, 2009 at 3 :30 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
Volume 59 - Page 326
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
November 24, 2009 — 7:00 p.m.
I.
II.
TS UDY.SESSION - 3:30 p.m
CLOSED SESSION - 6:33 p.m.
A. Conference with Legal. Cou
54956.9(a)): Fiftep matters_
11 IBC4itigation Ma
against the City of Id
a— Newport' Beaty
County Superior
M
C4
all
n v. City of Irvine (i
Case No. 07CCO1264
CO- "e
of the IBC. Litigation
Street), Orange
lTus v. City of Irvine (2851 Alton), Orange
Court v.
V. ' of Irvine (HCG), Orange County
Zbrouginst h/Tustin v City of Irvine (Accessory Retail
ations), Orange County Superior Court Case No.
6
Five matters all arising out of the Group Homes
the City, as follows:
Z oncerned Citizen's v. City of Newport Beach, U.S- District
Case No. SACV 08- 00192 -JVS (RNBx)
Sober. Living By The Sea v. City of Newport Beach, U.S. District
Court Case No. SACV 08 -00200 JVS (RNBx)
City of Newport Beach u. Morningside Recovery, Orange County
Superior Court Case No_ 07CC11694
Pacific Shores v. Newport Beach, U.S. District Court Case No.
SACV 08 -00457 AG (PLAx)
e. Newport Coast Recovery v. City of Newport Beach, U.S. District
. . Court Case No. SACV 09 -0701 DOC (ANx)
3. Group Homes Matters Six matters all arising out of the Group homes
investigation brought against the City, as follows:
a. Pacific Shores u. Newport Beach, U.S. Dept. of Housing & Urban
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City of Newport Beach
City Council Minutes
November 24 , 2009
b.
c,
d.
e.
f.
Development Investigation No, 09 -08- 0592 -8
Newport Coast Recovery v. City of Newport Beach, U.S. Dept. of
Housing & Urban Development Investigation No. 09- 09- 0713 -8
Paul Murdoch v. 'City of Newport Beach, U.S. Dept. of Housing
& Urban Development Investigation No. 09 -09- 0831 -8
The Kramer Center v. City of Newport Beach, U.S. Dept. of
Housing & Urban Development Invetigation No. 09 -09- 0833 -8
Oxford House v. City of
Urban Development Ines
Yellowstone v_C(ty
Urban Development]
B. Conference with Leaal
Litigation Government,l
C.
Potential litigation .regarding
Beach's massage regulations in
for regulation of massage estab]
Cassidy, Human
-t Beach, U.S. Dept. of Housing &
No. 09 -09- 0830 -8
U.S. Dept. of Housing &
One
of Charter City enforeMent of the Newport
of the new state law creating a state system
of Avery & Associates and Terri
triple Lifeguard Management Association; Police
Police Employees Association
NLP' Property.
-9-Y:608 E. Balboa Boulevard
Sharon Wood
Negotiating Parties- Levon Gugasian
Under Negotiation: Consideration of acquisition of property
Property: Access Road to Sunset Ridge Park
City Negotiators: Ed Selich, Steve Rosansky and David Webb
Under Negotiation: Acquisition of easement for access to proposed
Sunset Ridge Park
3. Property:. Coast Highway in Front of China Palace Restaurant
City Negotiator- Sharon Wood and David Webb
Negotiating Party: Jack Mau
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City of Newport Beach
City Council Minutes
November 24, 2009
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
xi.
mi.
Under Negotiation;. 'Acquisition of Public Right of Way for PCH
Expansion
RECESS
RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
RQLL CALL
Present: Council Member Henn, Council Member RosanskA Mayor Pro Tern Curry, Mayor
Selich, Council Member Webb, Council Member, , rdner, Council Member Daigle
CLOSED. SESSION REPORT
City Attorney Hunt clarified that-the Morhi de ry case is a cross claim to the
Concerned Citizens case -and noted that he, revise th y he references this matter in
the future. he also noted that copies of th, ettlement agree t between the City of Irvine
and the City of Newport Beach are available in the c Information Office.
Mayor Selich reported that the C" ' of N4port Beach and the of Irvine reached
a settlement 'which involves four sep "'lawsuits (IBC Litigation tters). The City of
Newport Beach will, be paid a lump sum ';,.: $3.65 million for traffic improvements. Public
Works Director..Badum re d on two traffic improvement projects which would utilize
some of the settlement mo
INVOCATION -Mr. Frank
- None
Council Memb Daigl orted that the first major milestone for the Lower Bay Dredging
Project has bee eached.
uncil Memardner noted that the' celebration of life for Dr. Jan Vandersloot will be
he n Dece 6 at . Castaways Park and that Stop Polluting Our Newport (SPON)
Bugg d nahe meadow in Castaways Park "Jan's Meadow." She also announced that
the Cor Na e J L r C tm a 8 hris Walk will be held on December 6. She regneated postponing the disc rings.
Council Member Henn demonstrated the large amount of paper used for the current agenda
and other City issues, and that Council must review and understand all the documents
presented.
Mayor Selich noted that Item 25 (Yellowstone Recovery) has been continued to December 2.
CONSENT CALENDAR
A READING OF "MINUTES/ORDINAN ES AND R OLUTIONS
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City of Newport Beach
City Council Minutes
November 24, 2009
1. MINUTES OF THE REGULAR MEETING AND ADJOURNED
REGULAR MEETING OF NOVEMBER 10, 2009 1100 - 20091. 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 ADOPTI..ON
3. ORDINANCE INCREASING THE BE FIT ASSESSMENT LEVY OF
THE NEWPORT BEACH RESTA NT ASSOCIATION BUSINESS
IMPROVEMENT. DISTRICT (N BID)[100- 20091. Adopt Ordinance
No. 2009 -26, setting the new ben as ment to be levied.
4. NORTH NEWPORT i ENTER r LANNED COMMUNITY
AMENDMENT (PA2001) - CODE AM MENT NO. CA2009 -005
AND PLANNED ,,�r CO UNITY D LOPMENT PLAN
AMENDMENT P ! 009 -003 C IDERATION TO
INCORPORATE T S OF BLOCK 100, CK 400, BLOCK
800, AND NEWPO VILLAGE INTO THE N RTH NEWPORT
CENTER PLANNED C MUNITY AND A CODE AMENDMENT TO
CHANGE THE ZON CLASSIFICATION OF THESE
PROPER OM APF, -28, PG23, AND PC -27 TO PC -56 ON
DISTRICT 48,.49, 50 [100- 20091. Adopt Ordinance No.
2009.28, app wing en t No. CA2009 -005 and Planned
Community De lopmen nd ent No. PD2009 -003.
C. OR ,RS FOR T TTCTTON
BUCTIO AND MAINTENANCE PROJECTS IN
1NTIAL D TRICTS CODE AMENDMENT [100 - 20091. Re-
nee 2009 -27, adding Chapter 10.64 to the Newport
equiring a permit for construction and maintenance
a l districts, and amending Section 10.50.010 of the
Beach Municipal Code to include additional definitions, and
Section 10.50.020 of the Newport Beach Municipal Code to
n tional nuisances, and pass to second reading on December 8,
6. TIATER UTILITY RATE INCREASE AND ORDINANCE
VENDMENT [100 - 20091. a) Affirm the tabulated results of the water
increase protest count from property owner and non - property owning
omers; and. b) introduce Ordinance No. 2009 -29, amending Newport
.Beach Municipal Code Chapter 14.12 (Water Rates and Charges), Section
14.12.020 (Water Rates Established), and pass to second reading on
December 8, 2009. [Council Member Daigle voted no on this item.]
7. AMENDMENT OF MUNICIPAL CODE TITLE 19 (SUBDIVISIONS;
AND ADOPTION OF INCLUSIONARY HOUSING IN-LIEU FEE [100-
20091. a) Introduce amended Ordinance No. 2009 -30, amending Title 14
(Subdivisions) of the Newport Beach Municipal Code, and pass to seconc
reading on December 8, 2009; and b) continue consideration of Resolutior
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City of Newport Beach
City Council Minutes
November 24, 2009
No. 2009 -82 to January 12, 2010,
8. AMENDMENT TO THE NEWPORT BEACH MUNICIPAL CODE
TITLE 9 - FIRE CODE [100- 20091. Introduce Ordinance No. 2009 -31,
amending Title 9, Chapter 9 -04, Section 9.04.040, Subsection 511 (Public
Radio System Coverage) and Subsection 512 (Building Information) of the
Newport Beach Municipal Code, and pass to second reading on December 8,
2009.
D. RESOLUTIONS FOR ADOPTION
E.
9. PORT RESTAURANT AND BAR PPEAL - 4400 HELIOTROPE
AVENUE (PA2009 -080) - AMR ENT TO USE PERMIT NO. 1566
AND OFF -SITE PARKING AG E T NO. OP2009 -003 [100 - 20091.
Adopt Resolution No. 2009 -83, proving amendment to Use Permit No.
1566 and Off -Site Parking eement No. 1 2009 -003, subject to findings
and conditions.
10. LOCAL TAXPA PU C SAFETY A RANSPORTATION
PROTECTION A 0 [100 - 20091. Adopt lution No. 2009 -84,
supporting the Leagu California Cities (League) sponsored ballot
measure, "Local Taxpayer, ublie Safety and Transportation Protection Act
of 2010."
11. ACCEPT ORANGE OUNTY TAXI ADMINISTRATION
PROGRAM CTA GULA CHANGES [100 - 20091. Adopt
Resolution No. 009 -85, r nd opting the revisions to the Orange
,QqMnty Taxi Ad 'str on Pro (OCTAP) Regulations.
TERRA LANDSCAPE IMPROVEMENTS (C -3865) -
rION A ACCEPTANCE 1381100- 20091. a) Accept the
00 horize the City Clerk to file a Notice of Completion;
e the i Clerk to release the Labor and Materials Bond 35 days
Notice of Completion has been recorded in accordance with
portions of the Civil Code; and c) release the Faithful
Bond one year after Council acceptance.
13. MMUNITY YOUTH CENTER (CYC) ROOF REHABILITATION
OJECT (C =4195) - COMPLETION AND ACCEPTANCE [381100-
lat91. a) Accept the completed work and authorize the City Clerk to file a
ice of Completion; b) authorize the City Clerk to release the Labor and
terials Bond 35 days after the Notice of Completion has been recorded in
ordance with applicable portions of the Civil Code; and c) release the
Faithful Performance Bond one year after Council acceptance.
14. JAMBOREE ROAD'WIDENING OVER SR -73 (C -3724) - APPROVAL
OF AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION 1381100
20091.. Approve Amendment No- 1 to the Cooperative Agreement betweer
the City of Newport Beach (City) and the California Department o.
Transportation (Caltrans) to extend the agreement term for the Jamboree
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City Council Minutes
November 24, 2009
Road Widening over State Route 73 (SR -73) project.
15. EASTBLUFF PARK AND BONITA CREEK PARK RECYCLED
WATER RETROFITS (C4134) - AWARD OF CONTRACT [381100-
20091. a) Approve the project drawings and specifications; b) award the
contract (C-4134) to Green Giant Landscape, Inc. (Green Giant) for the total
bid price of $470,328.00, and authorize the Mayor and the City Clerk to
execute the. contract; c) establish an amount of $50,000 to cover the cost of
unforeseen work; and d) approve Budge Amendment No. lOBA -021
transferring $50,028.00 from Water Ente b se Account No. 7511- C6002007
(Peninsula Point Water Main Improve ts) to Water Enterprise Account
No. 7511- C6002006 (Eastbluff Park laimed Water Irrigation Project).
17. APPROVAL OF THE RAN G ENT BETWEEN THE CITY
OF NEWPORT BEACH HE Cl F IRVINE FOR THE USE
OF THE NEWPORT ACH PIST RANGE AND POLICE
TRAINING FACILITY 442 [381100 -2009f Approve the agreement
between the City of . port. ch and the City o ne for the use of the
Newport Beach Pis Rang nd Police Training Fa ; and b) authorize
the Mayor to sign the ent on behalf of the City o ewport Beach.
18. 2010 RES URANT WE S WORK AGREEMENT (C-4421) [381100-
20097. Con ed to Decembe 2009.
F. MISCELLANEOUS
19. PLANNING C MISS FOR NOVEMBER 19, 2009 [100 -
.M91. Receive a file ritten re
;T AM MENT TO ACCEPT A CHECK FROM
)RNIA ST E LIBRARY AND APPROPRIATE FUNDS FOR
1CY.SERVI S.[401100- 20091. Approve Budget Amendment No.
increas xpenditure appropriations by $20,000 in Division
terse , increase revenue estimates for the same amount in
No. 4010 -4 2, California Library Literacy Services.
21. y SI�' ATION OF CREATING A COUNCIL POLICY
ARD G VOTING CITY LAND IN ASSESSMENT DISTRICT
LOTI G 1891100 - 20091. Adopt the revised Assessment District
ting Guidelines with the language directing how and when a decision
oting City land is made.
2 OINTMENT OF DEBBIE STEVENS TO ENVIRONMENTAL
QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC)
[241.100- 20091. Appoint Debbie Stevens to the Environmental Expertise
seat on the Environmental Quality Affairs Citizens Advisory Committee
(EQAC).
S28. APPOINTMENT OF EDWARD RENO TO ENVIRONMENTAL
QUALITY AFFAIRS COMMITTEE (EQAC) [241100- 20091. Confirm.
Mayor Selich's appointment of Edward Reno to the District 5 position. .
S29. STATUS REPORT ON PERFORMANCE MEASURES AND
BENCHMARKS [100 - 20091. Receive and file.
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City Council Minutes
November 24, 2009
Motion by. Mayor Pro-Tem Curry,. seconded-by Council Member. Webb to
'approve the Consent Caldndar, except for the item removed (16); and noting the
amendment: to Ordinance No. 2009 -30 (Item 7); the continuance of Item 18 to the
December 8 meeting; and Council Member Daigle's no vote on Item 6.
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, Cougcil Member Gardner, Council
Member Daigle
Regarding Item 3, Economic Development A inistrator De Santis reported that
protests received today would be consider late. Mayor Pro Tem Curry briefly
discussed the details of the Resolution N 0 (Item 10) and noted that taxis in
Newport .Beach are well regulated ugh the range County Taxi Authority
(OCTA) (Item 11). s
XIII. ITEMS REMOVED. FR4 THE O NT ENDAIi
16. APPROVAL: OF A NEG PURCHASE OF O LADDER TRUCK
AND TWO FIRE ENGINES M PIERCE MANUFACT ING INC (C4419)
[381100- 2009).
XIV.
Fire Chief Lewis reftod on the status current fire trucks, replacement cycles for
The m "on ca by the following roll call vote:
Ayes: cil Mem er Henn, Council Member Rosansky, Mayor Pro Tem Curry,
M or. Selich,. Council Member Webb, Council Member Gardner, Council
M ber Daigle
Council Mepffier Gardner reported on a study .discussed at the Coastal/Bay Water Quality
Committee regarding impacts to the intertidal zone, and that the Water Quality Control
Board is considering introducing an ordinance to help improve the health of the tidepools.
'Mayor Pro Tem Curry reported that the Orange County League of California Cities (OCLCC)
is focused on the State taking local funds and increasing costs of pensions.
XV. PUBLIC COMMENTS
Lisa Sabo expressed opposition to the sale of the Orange County Fairgrounds, discussed a
resolution adopted by the Orange County Board of Supervisors to stop the sale, and noted
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City Council Minutes
November 24, 2009
the value and heritage of the property to the community.
Kris Cutting expressed opposition to selling the Orange County Fairgrounds and discussed
the effect of the sale on Orange Coast College.
Kathy Hobstetter opposed the selling of the Orange County Fairgrounds.
Dorothy Kraus expressed concern: for the environmental impact issues that are not
addressed in the Environmental Impact Report for Sunset Ridge Park.
Dr. Deborah Ferber opposed the,sale of the O4Cou rgrounds and discusse d the
negative effects of the sale on business ownersXVI. PUBLIC HEARINGS
23. COST RECOVERY ORDINANCE FEE RESOLUTION AND
MASTER FEE SCHEDULE [100 0
City Manager Kiff recommen contiu ing this item to th ecember 8 meeting.
t fi r
Motion bv_ M4yor.Pro Ter v. seconded by Counc Member Webb to
continue the item to the Decemb , 2009 meeting.
The motion carried a following ro ll vote:
Ayes: Council Memb euncil Me er Rosansky, Mayor Pro Tem Curry,
Mayor Selich,', uncil r Web until Member Gardner, Council
Member Daigle
24. NE BEACH Cl ENTER PROJECT: RESOLUTION NO. 2009 -87
C I G THE E ONMENTAL IMPACT REPORT (EIR) FOR THE
H AND PARK VELOPMENT PLAN, RESOLUTION NO. 2009 -88
TI . A STATE T OF.' OVERRIDING CONSIDERATIONS AND
APP BHA DESIGN FOR THE PROJECT, AND
H TI EPARE A DESIGN -BUILD REQUEST FOR
P OS RFP) FOR E PARKING STRUCTURE [731100 - 20091.
)Bohlin wins Jackson Architect Greg Matolla and Peter Wa lker Partners
Arehi 'Sarah. Kuehl utilized a PowerPoint presentation to discuss the
, landscaping, storm water management, overall project design, the
dition, the central park area, materials and trees suggested for the
aces, potential' sites for public art, amenities and features in the park, the
locations for. events, the parking structure, building aesthetics, exterior
pedestrian walkways, proposed building materials, open office
nts, public spaces,:the Council Chambers, the outdoor sail, and achieving
an energy efficient building.
In response to Council questions, they noted that an alternative plant list was
submitted for review, clarified the protection of the view plane, and reiterated
that resident views will not be blocked.
Associate Planner Murillo reported on the steps taken during the initial study and
draft EIR and discussed the draft resolution. In response to Council questions, he
clarified open and non -open space designations and the public benefits mentioned in
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November 24, 2009
the statement of overriding considerations.
Mayor Selich opened the public hearing.
Debra Allen expressed support for protecting the view plane by not including palm
trees in the design -
Jim Warren expressed concern for trees and construction obstructing the view plane.
Edward Lund noted that the integrity of the Emerge cy Operations Center (EOC) is
very important and that government assistance ght be available if the EOC is
built to FEMA standards.
Eugene Hadley expressed support for b ' n he EOC to FEMA standards and
discussed earthquake planning studies.
Debbie Stevens discussed mitigatio easures regar light and glare that would
prevent parking on the-top of a pa 'ng structure ing evening hours and
suggested that some of the main members be in ed in the Mitigation
Monitoring Plan.
Barry Allen expressed concern he size of the palm trees in the design and
supported protectin the view plane.
Denise Woltemath a concern for s piercing the view plane, mitigation of
lighting, and noise d g co ion.
Wendy Brooks express supp o p 'ject and opposed eliminating the
the
support for the new Civic Center, but opposed the
for the protection of the local sage scrub,
that the EIR did not include a plant palette,
expressed the need for a hardened FEMA class base in case of an
Ed Steve expressed concern for the view plane, suggested height limitations on
12 dacap' ,and requested that the view- finders not point toward residences.
n /ericks on su ggested determining tenants of the coffee shop and credit union
y so that an appropate size can be established, asked if a Community
Study has been conducted, and expressed support for the project overall.
Nancy Moran- Sanchez expressed support for an established EOC.
Maryann Soden supported preserving the view plane.
Dale Karjala felt that the Civic Center needs to be built to FEMA standards and
that the EOC should be put back in to the project.
Gary Standard reported on cities that have EOCs and felt.that the new Civic Center
needs to be built to FEMA standards.
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City Council Minutes
November 24, 2009
Sazie Karjala supported building a hardened EOC built to FEMA standards.
Hearing no further testimony, Mayor Selich closed the public hearing.
City Manager Kiff discussed having a gate that controls lighting on the upper deck
of the parking structure and automatic blinds and dampeners to minimize lighting.
He noted that the majority of light will be coming from the street lights. He
recommended that a five minute limitation on idling be added to Mitigation Measure
4.4.5. He also recognized the hard. work and time commitment of Council, the Design
Committee, Public Works Director Badum, Ass .Aiate Planner Murillo, Nicole
Dubois, the Design Team, CW Driver, and AdminjeCrative Assistant Oborny.
Bohlin Cywinski Jackson Architect
versus the California Code, buildings
and leveled structural design standars
Council Member Gardner felt
or none at all, and noted that
regards to engine idling
discussed mitigation measui
Council Member Daigle express
within the planned UQ5 million.
Mayor Pro Tem C Acua t
beneficial, that theacih and discusse d the EC within t fanned illi o4
>er Webb ex
.a, spillover
felt
w discussed FEMA standards
an earthquake, utility systems,
should either larger Community Room
�t should be hel the same standards in
iection 4.4.2). O e Counsel Halman
to engine idling.
for a Community Room if the cost stays
Community Room would not be
of the City for hosting meetings,
ition. He also supported staying
trees should be removed from the
support for a Community Room that seats 150 and
for Council Chambers. He suggested installing a
damage during an emergency.
expressed support for a smaller version of the
Mayor Sch expr ed support for a smaller Community Room.
Council mber Henn was opposed to the Community Room in the design, and that
there sh d be a substantially upgraded Friend's Room. He discussed the need for
V ted power in the EOC and expressed concern for the risk of water damage
emergency. He further noted that he would support the elimination of a
se OC building and location of the EOC space to the lowest level of the City
H ing if a solution can be designed that protects power, protects
communications, and minimizes water damage at a significantly lower cost. He also
reiterated his view that the target for maximum cost of the project should be $100
million rather than $105 million, to allow more room to cover unforeseeable costs
that might arise.
In response to Council Member Gardner's question, Assistant City Manager Wood
discussed water usage.
In response to Mayor Selich's request, Associate Planner Murillo verified that all
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City of Newport Beach
City Council Minutes
November 24, 2009
public responses to comments were addressed in the Mitigation Measures and
Statement of Overriding Concerns.
Mayor Selich thanked staff and the City Hall Design Committee for their hard work
on: this project and recommended amending the resolution to keep the Committee
active in the event their services are still needed.
Council applauded City Manager Kiff for his leadership and hard work on the
project.
Motion b Council Member Webb, -see nde _ y Council Member Rosanskv
to.a) adopt Resolution No. 2009 -8.7 certifyin a City Hall and Park Development
Project's FEIR (SCH. No.. 2009041010) an opting A Mitigation Monitoring and
Reporting Program, noting the five mi h on idling; b) exempt the project
from the zoning and development re ions of th BMC and the Newport Village
'Planned Community Development , n; c) adopt Red ution No. 2009 -88 adopting a
Statement of Overriding Conside ions nd approving Schematic Design for the
Civic. Center Project (aka the�`City All and Park De pm Plan); and d)
authorize staff and the consction Hager (CW Driver) to are aDesign -Build
Request for Proposals (RFP) to ruct the proposed 450 -spa arking structure.
The motion carried by the following'" 11 call vote:
Ayes: Council Mem n, Council her Rosansky, Mayor Pro Tem Curry,
Mayor Selich, ; oun' mber We Council Member Gardner, Council
Member Daigle
25. APPE n F HEARI G O ICER' NIAL OF USE PERMITS AND
R LE ACCO ATIONS - YELLOWSTONE WOMEN'S FIRST
S HO E, INC. - 16 INDUS (YELLOWSTONE WOMEN'S FIRST STEP
SE, .I C.) (UP 200 34) (RA 2009 -004) (PA 2008 -105); 1,621 INDUS
(YE OW' ONE WOME FIRST STEP HOUSE, INC.) (UP 2008 -035) (RA
2009 k06); 15 � PEGASUS (YELLOWSTONE WOMEN'S FIRST
_ P SE, IN p.) 88 -036) (RA 2009 -006) (PA 2008 -107); AND 20172
R LLOWS NE WOMEN'S FIRST STEP HOUSE, INC.) (UP
2008 ) 009 -007) (PA 2008 -108) [681100- 2009). [Continued from the
Septem r22, 2 , Council meeting]
motion Uounctl Member Daigle, seconded b Council Member Webb to
continue he item to an Adjourned Regular Meeting of the City Council on
Wednes y, December 2, 2009, at 5:30 p.m.
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
XVII. CURRENT BUSINESS
26. COUNCIL REVIEW OF STAFF STATUS REPORT ON SIX OF THE CITY
COUNCIL'S 2009 PRIORITIES [100 - 2009].
City Manager Kiff provided a staff report to discuss the Traffic Management Plan,
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City Council Minutes
November 24, 2009
Civic Center EIR, .parks, and recreation projects, Banning Ranch, water quality
improvement projects, and the Lower Bay dredging project.
Without objection, the item was received and filed.
27. FACILITIES FINANCING PLAN (FFP) REVIEW (401100- 20091.
City Manager :Kiff utilized a. spreadsheet to discuss the opportunity to incorporate
the proposed budget for the Civic Center Project to the Facilities Replacement
Program. ,
Without objection, the item was received and
XVIII. MOTION FOR_RECONSIDERATION -None
XIK ADJOURNMENT _ - .Adjourned at
p.m. for an Adjourned Regular Mee
permit and reasonable. accommodal
The agenda for the Regular Mee
and the supplemental, agenda for tb
2009 at 2:25 p.m on the City Hall
Newport Beach AdministhWion Bui
F p.m to We day, December 2, at 5:30
to consider the owstone Recovery use
apals.
posted on November V& 2009 at 3:30 p.m
;ular Meeting was poste on November 20,
tin Board located outside of the City of
Recording Secretary
Mayor
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