HomeMy WebLinkAbout10/28/2008 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
October 28, 2008 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:38 p.m.
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member
Webb, Council Member Curry, Council Member Gardner
Excused: Council Member Henn
VI. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky
VIII. INVOCATION - Martha Korienek, Saint Michaels and All Angels Episcopal Church
IX. PRESENTATIONS - None
X. NOTICE TO THE PUBLIC
XI. CITY. COUNCIL ANNQUNCEOENTS OR MATTERS WHICH. COUNCIL MEMBERS
WOULD LIKE PLACED. ON A FUTURE AGENDA. FOR DISCUSSION, ACTION_ OR
REPORT (NON - DISCUSSION I_TEM):
Council Member Gardner announced that the next meeting of the Task Force on Green
Development will be held on Wednesday, November 5, at 9:30 a.m. in the Council Chambers.
Council Member Curry announced that on October 21, he and Council Member Gardner
participated in the groundbreaking ceremony for the Pelican Hills Road/North Newport Coast
Drive improvements.
Mayor Pro Tern Daigle reported that the Recreation and Senior Services Department and General
Services Department improved the landscaping around the sign at a community center in an effort
to conserve water. She commended staff for looking at technology in order to improve efficiency
and save money.
Mayor Selich announced that he attended the Chamber of Commerce barbeque to honor Newport
Beach firefighters and lifeguards on October 15; viewed "Morning Light" at the Newport Harbor
Nautical Museum during its fundraiser on October 15; and attended the Chamber of Commerce
Member Appreciation Breakfast on October 24.
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XII. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
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
3. ELIMINATING THE USE OF EXPANDED POLYSTYRENE DISPOSABLE
FOOD SERVICE WARE WITHIN NEWPORT BEACH'S CORPORATE
LIMITS. [100 -20081 Adopt Ordinance No. 2008.17 banning expanded
polystyrene (Styrofoam ®) food service ware within Newport Beach's corporate
limits.
C. RESOLUTIONS FOR ADOPTION
5. DISABILITY RETIREMENTS OF CITY EMPLOYEES; AND INDUSTRIAL
DISABILITY RETIREMENT DETERMINATIONS OF LOCAL SAFETY
EMPLOYEES WHO ARE MEMBERS OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (PERS), AND RESCINDING RESOLUTION NO.
2006 -27. [100 -20081 a) Adopt Resolution No. 2008 -89 delegating authority to the
City Manager to act on behalf of the City with regard to disability retirements of
City employees; b) establishing a procedure for industrial disability retirement
determinations of local safety employees who are members of PERS; and c)
rescinding Resolution No. 2006 -27.
D. CONTRACTS AND AGREEMENTS
6. PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF
AN ENVIRONMENTAL IMPACT REPORT FOR THE AERIE PROJECT (C-
4123). [381100 -20081 Receive and file.
7. SELECTION OF CLEAR CHANNEL OUTDOOR AS SOLE BUS SHELTER
PROVIDER FOR THE CITY OF NEWPORT BEACH (C- 2839). [381100-
20081 Continued.
8. WEBSITE AND INTRANET REDESIGN PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH VISION INTERNET
PROVIDERS (C- 4121). 1381100 -20081 Approve a Professional Services
Agreement with Vision Internet Providers, Inc. of Santa Monica, for the redesign
of the City of Newport Beach website and intranet at a not to exceed price of
$80,500 and authorize the Mayor and City Clerk to execute the agreement.
9. PROFESSIONAL SERVICES AGREEMENT FOR HISTORICAL
DOCUMENT SCANNING SERVICES FOR FY 2008 -2009 (C4122). [381100-
20081 Approve a Professional Services Agreement with MCO - Advanced
Document Imaging Solutions for historical document scanning services in an
amount not to exceed $50,000 for FY 2008 -2009.
10. BIRCH STREET PAVEMENT REHABILITATION - COMPLETION AND
ACCEPTANCE OF CONTRACT (C- 3792). [381100 -20081 a) Approve the
completed work; b) authorize the City Clerk to file a Notice of Completion; c)
authorize the City Clerk to release the Labor and Materials bond 35 days after the
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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.
11. JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO
FAIRCHILD ROAD) - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH VA CONSULTING (C- 4071). [381100 -2008] a) Approve
a Professional Services Agreement with VA Consulting of Irvine, for the Jamboree
Road Improvements (Bristol Street North to Fairchild Road) project at a not to
exceed price of $295,359, and authorize the Mayor and City Clerk to execute the
agreement; and b) approve a budget amendment (09BA -019) recognizing
additional Measure M Competitive GMA funds in the amount of $250,000 from
Orange County Transportation Authority (OCTA) and appropriating $250,000 to
Account No. 7284- C2002019 for the Jamboree Road Improvements Project.
12. CENTRAL LIBRARY BOOKSTORE RENOVATION - ACCEPT
DONATIONS FROM TH FRIENDS OF THE NEWPORT BEACH LIBRARY
AND APPROVE AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH LANDWORKS LLC. (C4006) [381100 -20081 a) Approve
a budget amendment (09BA -020) recognizing contributions in the amount of
$200,000 from Friends of the Newport Beach Library for improvements to the
Central Library Bookstore Renovation project and appropriating $200,000 to
Account No. 7011- CI002008; and b) approve Amendment No. 2 to the Professional
Services Agreement with Landworks, LLC for additional design and construction
engineering services in the amount of $24,500 and authorize the City Manager
and City Clerk to execute the amendment.
E. MISCELLANEOUS
13. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE.
1100 -20081 Transfer incumbent EDC member Jim Donnell to fill the vacancy
representing Fashion Island /Newport Center and appoint Jeffrey Cole to fill the
At -Large vacancy.
Motion_ by _Mayor. Pro. Tem.Daigle to approve the Consent Calendar, except for the items
removed (1 & 4); and noting the continuance of Item 7.
The motion carried by the following roll call vote:
Ayes: Council Member Rosansky, Mayor Pro Tom Daigle, Mayor Selich, Council Member Webb,
Council Member Curry, Council Member Gardner
Absent: Council Member Henn
XIII. ITEMS_ REMOVED FRQN THE CONSENT CALENDAR
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF
OCTOBER 14, 2008. [100 -2008] Waive reading of subject minutes, approve as written
and order filed.
Council Member Gardner requested that Oral Reports (Page 603) be amended to read,
"...drafted a proposed ordinance."
Motion_by,Counail Member,Gardner to approve the amended minutes.
The motion carried by the following roll call vote:
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Ayes: Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member
Webb, Council Member Curry, Council Member Gardner
Absent: Council Member Henn
4. SEJOUR EUROPEAN BISTRO & LOUNGE APPEAL - 3400 VIA LIDO -
REVOCATION OF USE PERMIT NOS. 2001 -005 AND 2002 -034 (PA2002 -167)
(contd. from 10/14/08). [100 -2008]
Planning Director Lepo reported that the following conditions that are listed in the staff
report have been amended: Condition 1 (clarifies that wine tasting is in conjunction with
the retail wine sales), Condition 4 (amends the language so that each wine tasting is
conducted pursuant to the Department of Alcohol and Beverage Control regulations for
wine tasting), and Condition 5 (amends the language so that the gross sales for onsite wine
tasting does not exceed the gross retail sales under the Type 21 ABC license during the
same period). He confirmed that casual seating will be permitted in Unit A2 and discussed
advertising. He reported that Christine Overstreet, Sejour owner, agrees with the
revisions.
Motion by Mayor Pro,. Tem Daigle to adopt Resolution No. 2008 -88, as
amended, revising or deleting certain conditions of approval contained in Planning
Commission Resolution No. 1762 as follows: a) amend Condition 1 to clarify that wine
tasting is in conjunction with retail wine sales, the primary and principle use of the
establishment as retail sales will be conducted in Unit Al, and wine tasting and education
seminars will be conducted in Unit A2; b) amend Condition 2 to allow casual seating in
Unit A2 (dining tables and chairs shall be prohibited in both areas); c) delete Condition 3
to allow seating at the wine tasting bar; d) amend Condition 4 so that each wine tasting is
done pursuant to the Department of Alcohol and Beverage Control (ABC) regulations for
wine tasting; e) amend Condition 5 so that the gross sales for onsite wine tasting does not
exceed the gross retail sales under the Type 21 ABC license during the same period; f)
amend Condition 7 to allow limited appetizers to be served in conjunction with wine
tasting and wine educational seminars; g) amend Condition 8 to extend the hours of
operation to 12:00 a.m. midnight on weekends (Friday, Saturday, and Sunday); h) delete
Condition 9 to eliminate the "cold kitchen' restriction; and i) amend Condition 13 to allow
non - amplified music from a single instrument.
The motion carried by the following roll call vote:
Ayes: Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member
Webb, Council Member Curry, Council Member Gardner
Absent: Council Member Henn
)UV. ORAL REPORTS. FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Daigle stated that the Aviation Committee received a report about the Go Local
Program from Consultant Peggy Ducey relative to traffic created by John Wayne Airport (JWA).
Mayor Selich announced that the City Hall Design Committee will be bringing a recommendation
to Council at the November 12 meeting. He noted that displays of the five City Hall proposals are
located at City Hall, the Central Library, and Newport Coast Community Center.
XV. PUBLIC COMMENTS - None
XVI. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
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14. PLANNING COMMISSION AGENDA FOR OCTOBER 23, 2008. [100 -20081
Planning Director Lepo reported on the following Planning Commission item: Hyatt
Regency Newport Beach Expansion (PA2005.212) - 1107 Jamboree Road.
XVII. CON..TINUED BUSINESS
15. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE
CITY COUNCIL PRIORITIES FOR 2008. 1100 -20081
City Manager Bludau provided a status report on the following six Council priorities: new
City Hall, Facilities Financing Plan (FFP), group residential homes, Water Quality Master
Plan (WQMP), benchmarking, and the Banning Ranch property appraisal.
City Attorney Clauson reported on a tentative court ruling relative to the group homes
case against the City by Pacific Shores.
In response to Mayor Pro Tem Daigle's questions regarding the WQMP, City Manager
Bludau discussed budget allocations and options, and confirmed that budget discussions
will also involve how it affects other City services.
Without objection, the staff report was received and filed.
16. REVIEW THE COUNCIL APPROVED BOARDS, COMMISSIONS AND
COMMITTEES LIST, AND CONSIDER SUNSETTING OR ELIMINATING
COMMITTEES. [100 -20081
City Manager Bludau discussed nine committees that may potentially be sunsetted or
eliminated - Ad Hoc Committee to Promote the Revitalization of the Balboa Peninsula
(PROP), City - School Ad Hoc Committee, Oil and Gas Field Operations Committee, July
4th West Newport Safety Planning Committee, Neighborhood Traffic Calming Committee,
1/1 Memorial Committee, City Clerk Ad Hoc Recruitment Committee, and City Attorney
Ad Hoc Recruitment Committee. He also also discussed how issues could be handled
without the committee and reported that he will bring back a resolution at the next
meeting to reaffirm Council's direction.
Council Member Gardner believed that the Newport Coast Advisory Committee (NCAC)
should be sunsetted since the committee has met its main goals relative to the annexation
and the community center; however, she will contact the committee for their input. She
also recommended changing all committee membership guidelines so that a committee
member can be replaced after three consecutive excused absences, as opposed to just three
consecutive unexcused absences.
Council Member Rosansky indicated that the July 4th West Newport Safety Planning
Committee requested that the committee not be sunsetted.
Motion 1y- Council Member Webb to bring back a resolution at the next Council
meeting to sunset or eliminate committees.
The motion carried by the following roll call vote:
Ayes: Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member
Webb, Council Member Curry, Council Member Gardner
Absent: Council Member Henn
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XVIII. CURRENT BUSINESS
17. REVENUE AND INVESTMENT UPDATE. (100 -2008]
Administrative Services Director Danner reviewed the four main sources of City revenue
[secured property tax, Transient Occupancy Tax (TOT), business licenses, and sales tax],
revenue indicators, and the City's financial status. He emphasized that it is still early in
the fiscal year to make revenue predictions, but the City currently appears to have net
positive revenue. He noted that staff will bring a report back at a Study Session to explain
how the City collects business license tax and to discuss enforcement. He stated that the
City's sales tax revenue is very diversified; however, there is a decline in sales tax receipts
for the current fiscal year. He reported on the investment policy, the five money managers
and investment advisors the City utilizes, and the investment firms reporting
requirements. City Manager Bludau noted that all five investment advisors were invited
to the meeting but only two could attend tonight.
Rod Olea, Director of Fixed Income for City National Bank, discussed their reporting and
meeting requirements, and reviewed the investment portfolio. He noted that the City's
portfolio is safe, has high liquidity, and is competitive.
Marty Cassell, CEO of Chandler Asset Management, discussed the company and how the
safety of their clients' portfolio is their primary focus. He also discussed economic
indicators, basic guidelines for managing the City's portfolio, and how the City's portfolio
is diversified and doing well.
Lori Morris believed that the sales tax trend is the City's revenue indicator for the rest of
the year, expressed concern about the assumptions made, asked what position the City
will be in if the assumptions are incorrect, and took issue with spending millions to replace
City facilities.
Renee Powers asked if foreclosures and discounted principles were considered when
making property tax assumptions.
City Manager Bludau emphasized that since payments for the different revenues are
received at different times during the budget cycle, the City will not know the impact of
the economic downturn until the end of the fiscal year. He reported that if the City does
not meet its budget, Council will need to make budgetary decisions relative to cuts or
utilizing reserve funds. Administrative Services Director Danner discussed Council Policy
F -3 (Budget Adoption and Administration) and reported that the City has about $60
million in its General Fund reserves. He further explained how reassessed property
valuations will only affect the City's property tax revenues by about $300,000.
Mayor Selich emphasized that the amounts discussed are revenue projections, the City
will monitor the funds throughout year, and will make adjustments if needed.
In response to Council questions, Administrative Services Director Danner confirmed that
the City's current PERS actuarial analysis decreased 1% but the current economic issues
will not be reflected in the actuarial yet. Regarding the TOT, he noted that the Pelican
Hills Resort was not considered in the budget trends because it will not open until
November 26. He confirmed that the City's budget projections have been consistently
conservative over the past 18 years and described how the City handled the economic
downturn in the 1990s. He also explained why the City received a financial award (Helen
Putnam Award) from the League of California Cities at the October 14 meeting.
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Without objection, the staff report was received and filed.
18. TEMPORARY EXTENSION OF THE LENGTH OF TIME PERMITTED FOR THE
DISPLAY OF PROMOTIONAL TEMPORARY BANNERS. (100 -20081
Assistant City Manager Wood reported that the Economic Development Committee
recommended the temporary banner extension from 60 days to 120 days until the end of
2009 to assist businesses during these economic times, and that staff is recommending
that businesses be allowed to advertise eight times a year, instead of just four times a
year, not to exceed 120 cumulative days. She confirmed that none of the other sign
regulations are changing.
Motion by Council Member Curry to adopt Resolution No. 2008 -90 allowing businesses
to display promotional temporary banners for 120 days per calendar year through
December 31, 2009.
The motion carried by the following roll call vote:
Ayes: Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member
Webb, Council Member Curry, Council Member Gardner
Absent: Council Member Henn
XIX. MOT_I.ON,F.QR RECONSIDERATION - None
XX. ADJOURNMENT - Adjourned at 8:23 p.m in memory of Martha George to Saturday,
November 8, 2008, at 8:30 a.m., Fairmont Hotel, 4500 MacArthur Boulevard [Salt Creek
Boardroom] - Closed Session (City Attorney interviews)
The agenda for the Regular Meeting was posted on October 22, 2008, at 2:50 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
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Mayor
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