HomeMy WebLinkAbout06/26/2007 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 26, 2007 — 7:00 p.nL
I. STUDY SESSION - 5:00 p.m.
H. CLOSED SESSION - 6:00 p.m.
III. RECESS
IV. RECONVENED AT 7:08 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
VI. CLOSED SESSION REPORT — None
VII. PLEDGE OF ALLEGIANCE — Council Member Curry
VIII. INVOCATION — Frank Carpenter
D{. PRESENTATIONS
City Arts Commission Presentation of Annual Report for FY 2006 -2007 [100-20071-
Kirwan Rockefeller, Chair of the City Arts Commission, distributed three handouts
(Shakespeare by the Sea, Concerts in the Parks, and Orange County Cultural Indicators
Report) and recognized his fellow commissioners. He has three reasons for being here tonight:
1) present the FY 06 -07 Annual Report (included in Council packet), 2) preview their summer
projects for FY 07 -08, and 3) provide an update on the McFadden Square Centennial Legacy
Project. He spoke to findings on page 6 of the Orange County Cultural Indicators
Report published by Arts Orange County and Orange County Community Foundation. Bernie
Svalstad, Chairman of McFadden Square Centennial' Legacy project, provided an update on
fundraising activities. They hope to raise $500,000 for this project and to date have raised
$300,000. Donations are still being solicited, and he thanked those that have already donated
or will donate in the future.
x NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR
REPORT (NON- DISCUSSION ITEM):
Council Member Henn requested a study session on the assessment process for undergrounding
utilities.
Council Member Curry announced that July 9tb is the deadline for submission of proposals for
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the 111 Marines memorial.
Mayor Pro Tem Selich announced the next meeting of Speak Up Newport will be held on July
11th at the Newport Yacht Club (Bayside Drive and Marine Avenue), and the proposal for the
City to take over the Harbor Patrol will be discussed.
Council Member Webb advised that the Public Works Director turned 50 last week.
Council Member Daigle stated growth in the community is strictly. controlled, and the City is
vigilant about development activities at its borders, specifically as it pertains to growth
occurring along the Jamboree corridor. The City has been very active in speaking out against
this growth. She stated the City will proceed with retaining a traffic . engineer to review
the documents and prepare a report on traffic impacts, will be studying the Environmental
Impact Reports in the Irvine Business Complex, will be reviewing documents concerning the
transfer of development rights, and have retained Hogle -Ireland to look at the potential impacts
on recreation and what type of park land there will be. The City is looking for comprehensive
planning and a process that leads to residential caps, locations of developments, and traffic and
park/recreation mitigation.
Council Member Gardner announced there are openings on the board for the Corona del
Mar Business Improvement District, and stated this is a wonderful opportunity to become
involved and shape what phase II will look like. She stated that residents, who reside south of
Marguerite, have 1,200 square feet of landscaping, and working irrigation systems are eligible
to receive a SmarTimers irrigation system, valued at $1000, absolutely free. Eligible residents
may obtain additional information on the City's website. She requested that staff put together
a list of all water quality programs in the City and include what has been spent during the last
10 years toward these programs.
Mayor Rosansky congratulated Evelyn Hart for being named Citizen of Year; and thanked
Melanie and Paul Salata and family for putting on Irrelevant Week. He advised that last
Saturday, Mayor Pro Tem Selich and he attended the 50th anniversary party for the Galley
Restaurant; and Friday will be the celebration for Chief Bob McDonell's retirement after 38
years of service. He added that he attended a legislative breakfast with Senator. Lou Correa
last Friday and asked him, along with other cities, for his support on sober living facilities,
however, Mr. Correa did not seem willing to lend his support. On behalf of the Sister
City Association, there will be a visit in October from six residents and one City official of
Okazaki, and they are in need of three more individuals willing to take someone into their home
the week of October 3rd -11th. Interested individuals may contact his assistant.
)[H. CONSENT CALENDAR
A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF
JUNE 12, 2007 [100 - 20071. 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. ORDINANCE FOR ADOPTION
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C. RESOLUTION FOR ADOPTION
4. RESOLUTION AUTHORIZING THE CITY TO APPLY FOR GRANTS
FROM PROPOSITIONS 50 AND 84 [100- 2007]. Adopt Resolution No. 2007-
43 relating to grants under Propositions 50 and 84.
D. CONTRACTS AND AGREEMENTS
5. REPLACEMENT OF LITHOCRETE ON PALM STREET (C -3946)
[381100- 2007]. Authorize the City Manager to execute a contract with Shaw &
Sons, Inc. of Costa Mesa in the amount of $33,639 to replace 494 square feet of
Lithocrete sidewalk at five locations on Palm Street in Balboa Village, and
enlarge the tree well at a sixth location.
6. UNDERGROUND UTILITY SERVICE REPAIRS - APPROVAL OF
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENTS
(C -3882 & C -3883) [38110012007]. Approve Amendment No. 1 to Professional
Services Agreement with GCI Construction, Inc. and Amendment No. 1 to
Professional Services Agreement with Mike Kilbride, Ltd. For on -call
underground utility repairs services and authorize the Mayor and City Clerk to
execute the Amendments.
7. NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS -AWARD
OF CONTRACT (C -3937) [381100- 2007]. a) Approve the plans and
specifications; b) award the contract (C -3937) to Hillcrest Contracting, Inc. for
the total bid price of $107,060, and authorize the Mayor and the City Clerk to
execute the contract; and c) establish an amount of $10,740 to cover the cost of
unforeseen work for this project.
8. SIDEWALK, CURB AND GUTTER REPLACEMENT FY 06 -07 - AWARD
OF CONTRACT (C -3866) [381100- 2007]. a) Approve the plans and
specifications; b) award the contract (C -3866) to Nobest, Inc. for the total bid
price of $541,006 and authorize the Mayor and the City Clerk to execute the
contract; and c) establish an amount of $54,000 to cover the cost of unforeseen
work.
9. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL. SERVICES
AGREEMENT WITH PROJECT PARTNERS, INC. FOR ON -CALL
CONSTRUCTION INSPECTION SERVICES AND APPROVAL OF
PROFESSIONAL SERVICES AGREEMENTS WITH CIVIL WORKS
ENGINEERS, INC. AND TRAFFIC CONTROL ENGINEERING, INC.
FOR ON -CALL ENGINEERING SERVICES (C- 3678(G), C- 8678(K) & C-
3673(L) [381100- 2007]. a) Approve Amendment No. 1 to the Professional
Services Agreement with Project Partners, Inc. for on -call construction
inspection services and authorize the Mayor and City Clerk to execute the
Amendment; b) approve a Professional Services Agreement with Civil Works
Engineers, Inc. for on-call civil engineering services and authorize the Mayor
and City Clerk to execute the Agreements; and c) approve a Professional
Services Agreement with Traffic Control Engineering, Inc. for on -call traffic
control engineering services and authorize the Mayor and City Clerk to execute
the Agreements.
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10. CONTRACT WITH 911 VEHICLES FOR PURCHASE AND
INSTALLATION COMMAND AND COMMUNICATIONS EQUIPMENT
(C -3948) [381100 - 20071. Approve a sole source contract with 911 Vehicles with
an amount not to exceed $24,000 for the Command Vehicle.
11. PURCHASE SCBA (SELF CONTAINED BREATHING APPARATUS)
EQUIPMENT (C -3949) 1381100-20071. Approve a sole source contract with
AllStar Fire Equipment Inc. with an amount not to exceed $45,000 for the
SCBA (Self Contained Breathing Apparatus) equipment.
12. LEGAL ADVERTISING BID FOR FISCAL YEAR 2007 -2008 [321100-
20071. Accept the bid of The Daily Pilot and authorize a purchase order for the
one -year period of fiscal year 2007 -2008.
E. MISCELLANEOUS
18. LIGHT INSTALLATION PROJECT AT LINCOLN ATHLETIC CENTER
FIELD #3 AT LINCOLN SCHOOL [100 - 2007]. Approve the project concept
and direct City staff to work with AYSO 57 and Newport -Mesa Unified School
District to complete the light installation project at Lincoln Athletic Center
field #3 at Lincoln School.
14. UTILIZE URBAN AREA SECURITY INITIATIVE (UASI) FUNDS
TO PURCHASE LAPTOPS FOR THE EMERGENCY OPERATIONS
CENTER (EOC) [100 - 2007]. a) Accept UASI grant funds to purchase laptops
for the EOC for $13,000; b) authorize a budget amendment (07BA -080)
increasing revenue estimates by $13,000 in 2351 -4866, UASI Grant, and
increasing expenditure appropriations by $13,000 in 2351 -9031, UASI Grant
Equipment; and c) approve a sole source contract with Dell Computers with an
amount not to exceed $13,000 for the laptops.
15. APPOINTMENTS BY THE MAYOR TO THE TRANSPORTATION
CORRIDOR SYSTEM [100 - 2007). Confirm the Mayor's appointment of
Council Member Webb (representative) and Council Member Daigle (alternate)
to the Transportation Corridor System.
16. 2007 -2008 CULTURAL ARTS GRANTS [100 - 2007]. Approve recommended
recipients for FY 2007 -2008 Cultural Arts Grants as selected by the City Arts
Commission in accordance with City Policy I -12 - Reserve Fund for Culture and
Arts.
17. MEASURE M SEVEN YEAR PLAN CAPITAL
IMPROVEMENT PROGRAM (CIP) [100 - 2007]. a) Adopt the Seven -Year
CIP; b) direct staff to submit the adopted CIP, Maintenance of Effort
certification, Pavement Management Program certification, and Growth
Management Element statement of compliance to the Orange County
Transportation Authority to satisfy the eligibility provisions for Measure M
and Congestion Management Programs.
S28. 2007 DRINKING WATER QUALITY REPORT ON PUBLIC HEALTH
GOALS [100 - 2007]. Receive and file report.
'S29. APPROVAL TO MOVE A TRAILER FROM THE GENERAL SERVICES
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YARD TO CITY HALL FOR USE AS A RECRUITING TRAILER FOR
THE HUMAN RESOURCES DEPARTMENT 1100 - 20071. a) Approve
moving the trailer in the General Services yard to the City Hall front lawn to be
used as a Recruiting Trailer and to be placed on the 32nd Street corner lawn;
and b) approve a budget amendment (07BA -082) transferring $58,000 from this
year's HR executive recruitment Account No. 0410 -8627 to the Personnel
Structures & Improvements Account No. 0410 -9500.
Motion by Mayor Pro Tem Selich to approve the Consent Calendar (Items 1 -17 & S28 &
S29), with the exception of Item #3, and noting the abstention on Item #15 by Council Member
Curry and the correction to Item #529.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky,
Council Member Webb, Council Member Daigle, Council Member Gardner
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. FRANCHISE WITH BALBOA ISLAND FERRY; LEASE AGREEMENT WITH
BALBOA ISLAND FERRY (C -856) 1381100- 20071.
Mayor Rosansky stated he has spoken with the lessee, the Beek family, who agreed to
include an additional provision that at the 15 year anniversary date there be a fair
market adjustment of the base rent.
Motion by Council Member Daigle to a) adopt Ordinance No. 2007 -11 granting a
Franchise to the Balboa Island Ferry; and b) authorize the Mayor to execute an
amended Lease Agreement with the Balboa Island Ferry (effective date of lease
agreement to coincide with effective date of ordinance).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
)UV. PUBLIC HEARING
18. PROPOSED ASSESSMENT DISTRICT NO. 99 - BALBOA BLVD. ALLEY -FOR
UNDERGROUNDING UTILITIES AND DESIGNATION AS AN
UNDERGROUND UTILITIES DISTRICT [891100- 20071.
Mayor Rosansky explained the order of procedure for Assessment District No. 99.
Joan Cox, Assessment Engineer, Harris & Associates, explained the purpose of the
hearing, the district boundaries, and provided a report. She noted the total proposed
assessment amount is $9,175,844, and the assessment is apportioned based upon the
proportional special benefit each parcel receives. She explained the basis and
methodology used in determining the proposed assessments. She described the changes
between the preliminary and final engineer's reports.
In response to questions by Council Member Henn, Ms. Cox stated that the proposed
assessments for the parcels at 1806, 1804, and 1802 W. Oceanfront were reduced due to
recalculation of acreage. The cost of undergrounding these districts has risen
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astronomically, and not everyone is happy with the assessment district methodology.
There are no rules or regulations on the methodology, and it is up to the engineer to
assign benefit and apportion the cost, and the only rule is it needs to be proportional to
special benefit.
Mayor Rosansky opened the public hearing and explained the process.
Pat Hlifka stated the assessment of $16,000, based on the safety and aesthetic of one
utility line, is unfair, as she won't receive service from this district. When Vilelle Place
is put in a district, she will be willing to pay and participate in any studies that will
help the city look better. Vilelle Place is the last street before Marina Park, and
questioned why it wasn't included in the district. She requested that Vilelle Place be
included or their properties be removed from this district and put into a district where
they will receive the benefit.
Council Member Henn stated this is an island of telephone poles and would like to
understand from Edison how they couldn't have considered including Vilelle Place in
the district and how they allow this pole to continue to exist in the alley at Vilelle Place,
since it appears to be dangerous.
Mike Fazzi, 110 McFadden Place (leased to Sharkeys and Soul Grill) spoke in
opposition to the assessment district. As far as aesthetics, the business is a sports bar,
and the patrons going into the alley do not care about the telephone pole. He does not
feel it is a safety issue, and the current utility lines are reliable. He does not know that
he will receive $100,000 in benefit from the undergrounding. The commercial property
assessments are excessive to lower the cost for the other uses, and they are not being
treated fairly.
Kellie Newcomb, on behalf of the owners of 100 McFadden, stated that the property
adjacent to theirs was reduced $20,000, and their assessment was increased by
$20,000. They feel the assessment of $108,000 on their property is unfair, as half their
property is a parking lot. They have had the property for over 80 years, and there have
been no plans to build on the property. They are extremely opposed to the assessment
district and feel it is unfair. If it does pass, they request that Council come out and do a
site visit and reassess their property.
Pamela L. Daniels said she lives in a three -unit condo complex, and 50% of their
property is parking. They are in the same situation as the church, but are being
assessed a higher amount. She personally will receive no aesthetic value for her
$38,000 assessment. In her nine years there, she has never experienced any utility
service problems.
Charles Banks said he feels the project is totally unnecessary. They have had adequate
service from the facilities and will continue to serve at the same level for many more
years. When the petition was initially circulated, everyone thought the cost would be
between $7,000 and $10,000 and would improve the look and value of their properties.
They did not sign the petition at that time and were surprised that 60% of their
neighbors did. He stated the assessment will result in a lien against the property,
which, if recorded, will be paid with property taxes for the next 25 years, and will result
in decreasing the property value, since the lien has to be repaid. Their preliminary
assessment is approximately $50,000. As they do not have this amount, they will have
to go to bond, which will increase their yearly property tax by $3,866 for the next 25
years. The cost of this aesthetic improvement will end up costing him nearly $100,000
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and does not feel the end product is worth it.
Mayor Rosansky closed the public hearing and announced that staff will tabulate the
ballots and return later in the meeting with the results.
19. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL
OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2007 -2008
(100- 2007].
20. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL
OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2007 -2008
[100 - 2007].
21. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL
OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2007 -2008
[100 - 2007].
22. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT
RENEWAL. CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR
RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL
YEAR 2007 -2008 [100 - 2007].
Program Managers George Berger and Dan Trimble reported that staff did not receive
any protests for the four Business Improvement District renewals.
Motion by Council Member Webb to adopt Resolution No. 2007 -44 confirming the
levy of the BID assessment for the 2007 -2008 fiscal year for the Marine Avenue
Business Improvement District; Resolution No. 2007 -45 confirming the levy of the
BID assessment for the 2007 -2008 fiscal year for the Corona del Mar Business
Improvement District; Resolution No. 2007 -46 confirming the levy of the BID
assessment for the 2007 -2008 fiscal year for the Balboa Village Business Improvement
District; and Resolution No. 2007 -47 confirming the levy of the BID assessment for the
2007 -2008 fiscal year for the Restaurant Association Business Improvement District.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle stated the Finance Committee will meet on Friday at 1:00 p.m., and
will be putting together one of Council's priorities in scoping a request for proposals for the
performance/benchmarking initiative. The Media Committee also met and will put together a
job description for the coordinator position, and they had a Wi -Fi expert in attendance to
discuss Wi -Fi health standards. They are trying to move forward with a city -wide Wi -Fi
system.
Council Member Henn reported the Economic Development Committee met and approved
draft economic development plan that will be brought to a Council Study Session soon.
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XV. PUBLIC COMMENT
Jay Baker read a prepared statement pertaining to parks and expressing opposition to the "City
Hall in the Park" initiative being circulated. This is a flawed initiative. that would cost
$100,000 in election costs if it qualifies. He asked that residents visit their website at
www.parksarepriceless.org for more information.
XVII. PLANNING COMMISSION AGENDA AND OR STATUS REPORT
23. PLANNING COMMISSION AGENDA FOR JUNE 21, 2007.
Planning Director Lepo reported on the following three items: 1) 3 Thirty 3 Waterfront
(PA2007 -004) - 333 Bayside Drive, 2) Code Amendment 2007 -005, and 3) Zinc Cafe and
Market (Use Permit No. 2001 -040) - 3222 E. Coast Highway.
Lori Morris thanked the Planning Commission for their comments on group
occupancies and short -term lodgings. She expressed concern with the direction
provided by the City Attorney's office to outside legal counsel, as reflected in the
proposed ordinances. She requested that the expert advice and legal counsel of the
residents' attorneys be used to advance the City's ordinances and enforce them to the
fullest extent allowable. She expressed concern with the lack of participation on the
part of the group home operators and their legal counsels in recent discussions.
Denys Oberman appreciated the rigor that the Planning Commission exhibited in
the hearing on June 21st. On behalf of the citizens, they are more than happy to
continue to invest and collaborate with the City in developing sound ordinances that
address good land use planning and also provide equitable and substantial mitigation
for the residents in the impacted areas.
XVIII. CONTINUED BUSINESS
24. 2007 -08 BUDGET ADOPTION [100 - 20071.
City Manager Bludau introduced the item and advised Administrative Services
Director Danner would review the checklist items. Administrative Services
Director Danner reviewed the following changes to the checklist items: 1) under
Administrative Services Department, the amount for the
performancetbenchmark preliminary study should be changed from $35,000 to $75,000;
2) under City Manager's office, it was requested that $100,000 be added for code
enforcement and special legal counsel services pertaining to group home issues; and
3) under City Council, Council Member Webb and Mayor Pro Tem Selich have
requested $300,000 be added for beautification of Back Bay View Park. In addition,
City Manager Bludau advised that the amount for staffing of Mariners Library on
Sunday should be reduced from $120,000 to $95,000.
Crystal Cove Alliance
Council Member Gardner expressed objection to the Crystal Cove Alliance. She added
that, in terms of water quality education, the City's efforts should be focused on
completing the Back Bay Science Center. Mayor Pro Tem Selich and Council Member
Daigle concurred. It was the consensus to delete this item from the budget.
Newport Beach Restaumnt Association
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Council Member Webb expressed concern with the allocation to the Newport Beach
Restaurant Association for sponsorship of Restaurant Week in that he was under the
impression that last year's contribution was to be the only one. Essentially the City is
being asked to fund $50,000 while the Restaurant Association is only contributing
$37,000. He felt the Visitors and Convention Bureau should also be contributing to the
event, and indicated his willingness to support only a $25,000 contribution. Council
Member Daigle added that she reviewed the proposal and was concerned that it didn't
indicate how the money was to be used.
Dan Marcheano stated that, as a result of last year's event, many restaurants
experienced an increase in business. This year, approximately 40 results will be added
and the participant event price will be increased, which will result in additional
revenue to the City.
Peggy Fort, consultant for Newport Beach Restaurant Association, addressed the
budget, in -kind donations to last year's event, and the $150 buy -in. In response to a
question by Mayor Pro Tem Selich, Ms. Fort stated that it was not presented as a one-
time request, but rather they would evaluate the event's success to determine the
amount of needed funding. As the event grows, the intent of the Restaurant
Association is that it be a self - funded campaign.
Council Member Curry indicated that he would support the $50,000 contribution, as it
is an important investment in local businesses and generates tax dollars to offset the
cost. Mayor Rosansky concurred, however, he indicated that at some point, they must
become self sufficient. Council Member Henn added that having very good and vital
restaurants and restaurant industry is important to the vitality of the peninsula. He
will support this for that reason, and its important to add to the excitement of the
community in general. It was the consensus of Council to approve a $50,000
contribution to the Restaurant Association.
Film Festival
It was the consensus of Council to approve the $25,000 contribution to the Film
Festival.
Police Lobby_Remodel
Mayor Rosansky expressed concern with allocating $200,000 for the Police Lobby
remodel when the City is looking at replacing the building. Council Member Daigle
stated the amount of money spent on facilities over the years has been minimal, and
she feels it is an important project which she supports.
At the request of Council Member Webb, Police Chief McDonell reviewed the proposed
improvements. He noted that bids received were over the $100,000 budget and ranged
from $295,000 to $450,000. If the project does not proceed, the $50,000 private
donation toward the project should be returned to the donor. To build a new facility
would take five to seven years, and the current facility is in need of a facelift.
Possible changes in the scope of the project only resulted in a reduction of $30,000-
$40,000.
In response to questions pertaining to Americans with Disabilities Act
(ADA) requirements, Public Works Director stated the doors and counter are not
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compliant.
It was the consensus of the Council to approve the $200,000 allocation.
Upper Bay CRMP
Council Member Webb stated this should be delayed until County funding is received.
It was the consensus of the Council to approve the $120,000 allocation.
Buck Gully Resource.. Management Plan
It was the consensus of the Council to approve the $170,000 allocation.
Traffic Calming in Newport Heights
Council Member Webb requested that Cliff Haven also be included.
It was the consensus of the Council to approve the $100,000 allocation and inclusion of
Cliff Haven.
Staffing at Mariners Branch Library on Sunda
Mayor Rosansky expressed concern with the $120,000 allocation. Administrative
Services Director Danner indicated the amount has been reduced to $95,000. Council
Member Daigle suggested approving $50,000, and then the Library Director could
return with a supplemental budget request if needed. Council Member Webb supported
the $95,000 allocation. Council Member Henn favored an allocation of $50,000.
It was the consensus of the Council to approve the $50,000 allocation.
Lincoln School Playground
It was the consensus of the Council to approve the $20,000 allocation.
Performance/Benchmarking Preliminary Study
It was the consensus of the Council to approve the $75,000 allocation.
Miscellaneous Services for the Planning Department
It was the consensus of the Council to approve the $20,000 allocation.
Three Firefighter Positions to Provide Fourth Person on Truck 62
It was the consensus of the Council to approve the $386,102 allocation.
Tsunami Warning System
It was the consensus of the Council to approve the $200,000 allocation.
Code Enforcement & Special Legal Counsel Services for Group Home Issues
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It was the consensus of the Council to approve the $100,000 allocation (to be divided
equally).
Back Bay View Park Improvements
Council Member Curry expressed his support for the project, but would like the General
Fund reimbursed from park fees when collected.
It was the consensus of the Council to approve the $300,000 allocation.
Capital Improvement._Program - Rebudgets /Changes
It was the consensus of the Council to approve as recommended.
The matter was opened to public comment. There being no speakers, the matter was
returned to Council for action.
Motion by Mayor Pro Tern Selich to adopt Resolution No. 2007 -48 approving the
City's 2007 -08 budget, as amended by the approved Budget Checklist items, and noting
the abstentions by Council Members Webb, Daigle, Henn, and Curry for anything
within 500 feet of their residences.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tern Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
XIV. PUBLIC HEARING
18. PROPOSED ASSESSMENT DISTRICT NO. 99 - BALBOA BLVD. ALLEY -FOR
UNDERGROUNDING UTILITIES AND DESIGNATION AS AN
UNDERGROUND UTILITIES DISTRICT [891100- 20071.
City Clerk Harkless read the results noting that ballots were received from 165
parcels for an assessment amount of $6,617,114 with "yes" ballots (39 %) totaling
$2,566,809 and "no" ballots (61 %) totaling $4,050,306. Therefore, the assessment
district fails, and it is proper for Council to make a motion to bring back a resolution
abandoning the proceedings.
In response to a question by Council Member Gardner, Associate Civil Engineer
Arciniega stated that $39,500 had been spent on design engineering. Council Member
Gardner indicated this is all the more reason to have a study session on this topic, as
money is spent in forming these districts and the districts fail to pass. Mayor Rosansky
agreed it is a problem, and suggested that when the matter is discussed they look at
limiting the signature collection process so that it's not drawn out over many years.
Motion by Council Member Webb to direct staff to bring back a resolution to
abandon the proceedings.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
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XVIII.
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
26. APPOINTMENTS TO BOARDS & COMMISSIONS 1100 - 20071.
City Clerk Harkless read the ballot votes for the Board of Library Trustees as
follows:
Kathleen Peterson (Gardner, Webb, Daigle, Henn, Curry, Mayor Pro Tem Selich, Mayor
Rosansky)
Karen Clark (Gardner, Webb, Daigle, Henn, Curry)
John Moftkahar (Mayor Pro Tem Selich, Mayor Rosansky)
City Clerk Harkless announced that Kathleen Peterson and Karen Clark had been
reappointed to the Board of Library Trustees for a four -year term.
City Clerk Harkless read the ballot votes for the City Arts Commission as follows:
Wendy Brooks (Gardner, Webb, Henn, Curry, Mayor Pro Tem Selich, Mayor Rosansky)
Robert Smith (Daigle)
City Clerk Harkless announced that Wendy Brooks had been reappointed to the City
Arts Commission for a four -year term.
City Clerk Harkless read the ballot votes for the Civil Service Board as follows:
Clinton Hoose (Gardner, Webb, Daigle)
Hugh Logan (Henn, Curry, Mayor Pro Tem Selich, Mayor Rosansky)
City Clerk Harkless announced that Hugh Logan had been appointed to the Civil
Service Board for a four -year term.
City Clerk Harkless read the ballot votes for the Harbor Commission as follows:
Tom Houston (Gardner)
Donald Lawrenz (Webb, Daigle, Henn, Curry, Mayor Pro Tem Selich, Mayor Rosansky)
City Clerk Harkless announced that Donald Lawrenz had been reappointed to the
Harbor Commission for a four -year term.
City Clerk Harkless read the ballot votes for the Parks, Beaches & Recreation
Commission as follows:
Tim Brown (Gardner, Webb, Daigle, Henn, Curry, Mayor Pro Tem Selich, Mayor
Rosansky)
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William Garrett (Gardner, Daigle, Henn, Curry, Mayor Pro Tem Selich, Mayor
Rosansky)
Tom Anderson (Webb)
City Clerk Harkless announced that Tim Brown and William Garrett had been
reappointed to the Parks, Beaches & Recreation Commission for four -year terms.
City Clerk Harkless read the ballot votes for the Planning Commission as follows:
Barry Eaton (Gardner, Webb, Daigle, Henn, Curry, Mayor Pro Tem Selich, Mayor
Rosansky)
Earl McDaniel (Gardner, Webb, Daigle, Henn, Curry, Mayor Pro Tem Selich,
Mayor Rosansky)
City Clerk Harkless announced that Barry Eaton and Earl McDaniel had been
reappointed to the Planning Commission for four -year terms.
26. COUNCIL CONSIDERATION OF RESOLUTION STATING UNIFYING
PRINCIPLES FOR JWA COALITION CITIES ADVERSELY AFFECTED BY
JOHN WAYNE AIRPORT'S AIRCRAFT ARRIVALS AND DEPARTURES [100-
2007].
City Manager Bludau stated that staff has met with the City Managers' and City
Attorneys' offices of the corridor cities (Santa Ana, Tustin, Orange, Costa Mesa, and
Anaheim) who have been supportive of the City's settlement agreement and the
agreement with the County preventing a second runway at John Wayne. A copy of
the position statement was provided to them, and they were asked to pass a resolution
adopting the position statement to ensure they are all adhering to the same principles
in opposing the expansion of John Wayne Airport in the future. This would
also strengthen the coalition to approach other issues as far as moving air passengers
from Orange County throughout the region. These cities expressed support and will be
putting this on their agendas within the next six weeks.
Council Member Webb stated this was discussed by the Aviation Committee who are
fully supportive of this matter.
Motion by Council Member Webb to adopt Resolution No. 2007 -49 and
accompanying amended Position Statement stating the principles which are already
reflected in the City Council's Airport Policy A -17.
Council Member Gardner requested that the language pertaining to opposition of
changes in air carrier or general aviation noise ordinances be clarified so that it is not
misconstrued, as changes could be for the better.
Following discussion, the language was changed to: Oppose any detrimental change to
air carrier or general aviation noise ordinances.
Charles Griffin stated the community and residents have suffered with airport noise
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since the 1960s. He stated radical changes in transportation are facing the country due
to global warming and limitations on carbon dioxide. The mode of transportation needs
to change, and he suggested that magnetic levitation systems be explored.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
27. US MAYORS CLIMATE PROTECTION AGREEMENT 1100 - 20071.
Assistant City Manager Kiff stated the staff report summarizes the agreement,
which is basically a statement of principles and goals adopted by approximately 541
mayors nationwide of which 87 are in California, and seven are in Orange County, to
protect the climate. Staff is seeking Council direction on how to proceed with the
agreement.
Council Member Gardner stated this is an energy issue. At the local level, the City is
already doing many of these things towards achieving cleaner air. She would like to see
the City sign on to this.
Council Member Curry expressed concerns with provisions of the proposed resolution.
He would support a resolution for locally -based initiatives dealing with this matter and
objects getting into international and national issues.
Council Member Gardner stated this is a hesitation she also has and would entertain
an alternative approach.
Motion by Council Member Curry to table the resolution and ask staff, in
consultation with Council Member Gardner and the legislative committee, if
appropriate, to draft a resolution expressing the intent of the City to reiterate the
initiatives undertaken by the City to address global warming locally that are pertinent
to what the City can do and bring it back for Council consideration.
Council Member Webb highlighted areas applicable to the City that he would like staff
to consider when preparing the resolution.
Assistant City Manager Kiff apologized for the confusion, noting the resolution
presented was a draft of the one adopted by the US Conference of Mayors and not
intended to be adopted as stated. He has received Council's direction and will proceed
with drafting a resolution for Council's consideration.
Mayor Pro Tem. Selich supported Council Member Curry's motion, but felt there was no
need for a resolution, as the City is already doing most of this.
Council Member Daigle indicated the resolution is a way to highlight the City's efforts
in this area.
Carol Thomas, representing Orange County Interfaith Coalition for the Environment,
an organization that is impassioned with protecting and preserving our environment,
requested that the agreement be signed. Doing so will demonstrate to the community
the need to do more in protecting the environment. She presented a copy of the Climate
Protection Agreement and a handbook containing simple approaches to reducing
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emissions. She requested Council authorize the Mayor to sign the resolution.
Dennis Baker is proud of the things the City does, but also thinks there are
additional items that can be done to be more energy efficient and environmentally
conscious.
Nancy Skinner stated she thinks we can do a lot in the city if we are willing to make a
statement, and has no problem with the City signing the Mayor's Climate Protection
Agreement. She suggested that a City staff person be identified to handle matters
relating to energy efficiency.
Dr. Jan Vandersloot stated he does not understand why the City won't sign the
agreement, since the impacts (i.e., rise in water levels) of global warming on Newport
are known. By signing the agreement, it will demonstrate that Newport Beach is
serious about this issue.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 9:51 p.m. in memory of Brad C. Bridenbecker
The agenda for the Regular Meeting was posted on June 20, 2007, at 2:00 p.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach Administration Building. The
supplemental agenda for the Regular Meeting was posted on June 22, 2007, at 1:40 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
Recording Secretary
Mayor
m /
City Clerk
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