HomeMy WebLinkAbout02/12/2008 - Study SessionCITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
February 12, 2008 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
H. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Regarding Item 5 (Corona del Mar Concession), Mayor Pro Tem Daigle noted that the other
firms that bid on the contract were listed in the staff report.
City Manager Bludau reported that staff requested that Item 9 (Buck Gully) be pulled from
the agenda and that Item 10 (Retiree Medical Program) be pulled so it can be brought before
the Finance Committee. Regarding Item 13 (Customer Satisfaction Survey), he indicated that
the item will be pulled and a presentation will be given tonight.
2. RENEWAL OF THE OFFICIAL POLICE TOW TRUCK SERVICE AGREEMENTS (C-
8189 & C- 3203). (381100 -20081
Revenue Manager Everroad provided a staff report and discussed the possibility of extending
the official Police tow truck agreements for five years. City Manager Bludau indicated that,
since another firm is interested in the contract, staff felt this should be brought before Council
for discussion. City Attorney Clauson reported that the agreements will be renewed unless
Council wants to go out for a Request for Proposals (RFP).
Revenue Manager Everroad responded to questions relative to customer satisfaction, the
factors involved in determining rates, the rates customers are being charged and the
percentage the City is permitted to receive from the charges, the increased requirements and
standards to have a Police tow truck contract, the possibility of increasing the insurance limit,
the reason for renewing the agreements compared to going out to bid, auditing schedules and
procedures, acceptable forms of payment, how the two tow truck companies were initially
selected, newspaper notification about the bid opening, the number of cars that have been
towed, and how long cars could be impounded.
Police Chief Klein and Lieutenant Shulman explained how the Police tow truck requirements
are regulated by the California Vehicle Code and that the City has added its own
requirements to those. Police Chief Klein discussed the extra trucks and equipment needed to
service the City, and the 30 day impound requirement for certain offenses.
Wayne Miller, G &W Towing, discussed the added requirements and expenses involved with
the agreement, the decline in the number of calls over the past years, the amount of insurance
coverage his company has, and how much tow and ticket fees could be. He stated that he
could provide an auditor report with a monthly breakdown.
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Study Session
February 12, 2008
3. REVENUE STATUS AND PROJECTIONS. (100 -20081
Finance Officer Matusiewicz utilized a PowerPoint presentation to discuss general
considerations and threats as it pertains to the City's revenue status, upcoming projects, U.S.
real GDP growth, the actual growth and three year average growth of the General Fund's
three major revenue sources (secured property tax, sales tax, and Transient Occupancy Tax),
the assessed value growth, assessed value by land base decade and significant periods,
secured property tax collection trends, sales tax producers and its business segments, sales
tax collection trends, Transient Occupancy Tax (TOT) collection trends, legislative actions,
and reserve levels. He emphasized that the City's conservative nature has put itself
financially in a good position.
Administrative Services Director Danner confirmed that the City is one of three cities not
participating in the County's Teeter Plan. He explained how the City receives money from
the Lexus Dealership when vehicles are sold versus leased. He highlighted a slide of the
City's fund balance statement and summarized that the City is in good shape compared to
other cities since the City is about 17% ahead in TOT, 11% ahead in sales tax, and 4% ahead
in property tax revenues. He noted that the one -time Police Department technology grants
expire this year, so it is predicted that next year's revenue increase will be about 2.9% instead
of 4% to 5% this year.
4. DISPLAY OF SIGNS ON THE PUBLIC RIGHT OF WAY AND OTHER CITY
PROPERTY. (731100 -20081
Contract Attorney Wolcott provided the background of the sign codes that regulate private
property and indicated that the regulations for public property will be coming to Council this
year. She discussed how First Amendment Rights, California Penal Code Provisions, and
government speech are taken into consideration when creating the regulations. She
summarized the proposed changes and highlighted staff s suggestions to amend Titles 10 and
13, and combine three Council Policies into one. She indicated that the current regulations
are in Titles 4 and 20.
In response to Council questions, Contract Attorney Wolcott discussed adding a noticing
requirement, and how political signs, real estate signs, and personal signs are currently
handled. She pointed out that the new regulations would codify what the City is currently
doing and creates a policy on how the signs are handled. City Attorney Clauson discussed
regulations for medians, utility poles, and parkway grass. She noted that most of the
complaints are related to rental property signs, garage sales signs, commercial business signs
on sidewalks, and election signs. She confirmed that there is no penalty if a member of the
public removes illegal signs from public property.
Regarding election signs, General Services Director Harmon agreed that the proliferation of
election signs gets worse with each election and discussed the number of signs taken down
and the amount of staff time needed for last week's election. He emphasized the danger to
staff and the public associated with signs in the public medians, and pointed out that the
wooden stakes also damage irrigation lines, sprinkler systems, and vegetation. He discussed
how the signs are picked up by the truckload at the Yard and how people are getting
aggressive with placing them on utility poles which also could cause damage to the poles. He
emphasized that General Services does not remove signs from private property and noted that
this is the first election that residents called the graffiti hotline to report signs.
Regarding cost recovery, Contract Attorney Wolcott indicated that it would be based on the
cost for General Services or Code Enforcement to remove the signs. City Attorney Clauson
stated that they will bring back options to Council relative to enforcement and cost recovery.
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City of Newport Beach
Study Session
February 12, 2008
Council Member Gardner believed that signs should not be given back since they are blight,
and encouraged Council to be as harsh as possible. Council Member Henn emphasized the
need for enforcement and possibly making it more penalizing. He noted the need to eliminate
informal understandings about when to remove signs. Council Member Curry suggested
finding a way to make all utility poles, street lights, and medians "sign-free" zones and asking
Southern California Edison to do the same. Mayor Selich noted that one campaign can take
an opponent's sign and place it on public property to make that opponent look bad. He
emphasized the need to know where public property begins and ends.
Council Member Gardner indicated that the Corona del Mar Business Improvement District
(BID) is requesting suggestions for a permanent community message board at Marguerite to
replace the banners.
In response to Richard Luehrs' question, City Attorney Clauson noted that the Municipal
Code allows certain size and types of signs on private property.
III. PUBLIC COMMENTS - None
City Attorney Clauson indicated that a matter was brought to her attention after the Closed Session
agenda was posted that needs to be added to the agenda. The matter is related to Newport Beach
Brewing Company vs. City of Newport Beach (Case No. 07CC01408). She noted that six votes are
needed to add the item to the agenda.
Motion by Council Member Curry to add Newport Beach Brewing Company vs. City of Newport
Beach (07CC01408) to the Closed Session agenda.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
IV. ADJOURNMENT - 6:66 pan.
The agenda for the Study Session was posted on February 6, 2008, at 1:40 p.m on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
OAF
City Clerk
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