HomeMy WebLinkAbout06/22/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
June 22, 2010 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION
A. Conference with Legal Counsel - Anticipated Litigation - Initiation of
Litigation (Government Code § 54956.9(c)): One matter:
Potential initiation of litigation against Back Bay Court Property Company, a
California Limited Partnership, for condemnation of right -of -way needed for the
Jamboree Road Widening Project.
B. Conference with Labor Negotiators (Government Code § 54957.6):
Agency Designated Representatives: Bill Avery of Avery & Associates and Terri
Cassidy, Human Resources Director
Employee Organization: Multiple Newport Beach associations: Police
Employees Association (PEA), Police Management Association (PMA), Newport Beach
Employees League (NBEL), Newport Beach Professional & Technical Employees
Association (Prof - Tech), and Newport Beach City Employees Association (NBCEA)
C. Conference With Legal Counsel - Existing Litigation (Government Code
§ 54956.9(A)): One matter:
City of Newport Beach vs. Leason - OCSC Case No. 30- 2008- 00102565
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR. MEETING
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT - Regarding Item A, City Attorney Hunt reported that Council
voted 6 to 1 with Council Member Selich voting no to authorize the filing of eminent domain
action and instructed the Office of the City Attorney to proceed with mediation if agreed to by
the other party. Regarding Item C, he clarified that the litigation was between the City of
Newport Beach vs. Lesson and Lu, reported that Council authorized the Mayor to execute a
settlement agreement only with Mr. Lu resolving the matter in its entirety, and noted that
Council voted 7 to 0.
VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Henn
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VIII. INVOCATION - Mr. Frank Carpenter
Df. PRESENTATION
Flag Presentation - Gary Tegel and Justin Power of the Utilities Department, who served
in Kuwait and Iraq, thanked the City for their support and presented the City Manager and
Mayor with a flag and employer support certificate. Council Member Webb thanked them and
stated that it takes a lot of courage to fight for our Country and Mayor Curry thanked them for
making the City proud.
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)
Mayor Curry announced that Council will not discuss the Hoag Development Agreement and
noted that the item will be brought back to Council on July 27, 2010.
Mayor Pro Tem Henn announced that on Friday; July 18, 2010, he and Mayor Curry attended
the Nautical Museum's Grand Opening where they revealed their latest exhibit called Sea of
Adventure and invited residents to visit. He also announced that a safety zone has been
established for the 4th of July Celebration and that the Police will be proactive in educating
visitors and residents in advance of the changes. He noted that the City is taking a positive
step forward for a fun and safe 4th of July.
Council Member .Daigle stated that residents' number one concern is police protection. She
thanked Police Chief Luman and staff for their recent accomplishments in the department
stating that the crime rate has decreased and the number of arrests has increased, the response
system has been updated, a critical incident manual and a windshield survey was developed, a
new manual called the Lexipol was implemented, training bulletins are being
utilized, promotion testing for all ranks are being conducted, the Command staff is unified, a
Facebook site was established, best practice standards were implemented, and the budget is
under control.
Council Member Gardner asked staff to come back with a proposal for a Bicycle Committee.
She stated that their mission will be to implement the proposals of the Bicycle Task Force and
act as a liaison in regional bicycle matters.
Council Member Webb announced that he will be the Grand Marshal of the'Parade of Bicycles
on July 3, 2010, at Mariners Park at 10:30 a.m. and invited residents to attend.
Mayor Curry announced that on June 11, 2010, he participated in the Chamber of Commerce
Annual Citizen's of the Year dinner honoring Rod Rodheim for his lifetime of service to the
City, attended the United States Conference of Mayors in Oklahoma City, visited Newport
Coast Elementary School, held a Meet the Mayor session on Saturday, June 18, and invited
residents to attend a Civic Center Open House on Tuesday, June 29, 2010 in the Friends Room
at the Central Library from 4:00 p.m: to 7:00 p.m. where staff will be available to answer
questions and provide the schedule of the new project.
XII. CONSENT CALENDAR
A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS
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1. MINUTES OF THE SPECIAL MEETING OF JUNE 2, 2010, AND
ADJOURNED REGULAR MEETING AND REGULAR MEETING OF
JUNE 8, 2010. [100 -2010] 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. RESOLUTIONS FOR ADOPTION
3. ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF ALCOHOL
BEVERAGE CONTROL 2010/2011 GRANT TO SUPPLEMENT THE
POLICE DEPARTMENTS ONGOING EFFORT IN ADDRESSING
ALCOHOL- RELATED PROBLEMS AT RETAIL ALCOHOL
ESTABLISHMENTS. [100 -2010] a) Accept the California Department of
Alcohol Beverage Control (ABC) 2010/2011 Grant Assistance Program (GAP)
Grant Award in the total amount of $26,315 to supplement the Police
Department's ongoing effort in addressing alcohol- related problems at retail
alcohol establishments; b) authorize the Administrative Service Director to
establish revenue and expenditure accounts in the General Fund to facilitate
the administration of.these funds; and c) adopt Resolution No. 2010 -64
accepting the GAP Grant Award on behalf of the City.
4. BOND REIMBURSEMENT AUTHORIZATION FOR CIVIC CENTER
EXPENDITURES. [100 -2010] Adopt Resolution No. 2010 -65 that reaffirms
the City's intent to reimburse itself for project costs incurred prior to possible
future debt issuance for the Civic Center project.
C. CONTRACTS AND AGREEMENTS
5. LEGAL ADVERTISING BID FOR FISCAL YEAR 2010 -2011. [100 -2010]
Accept the bid of The Daily Pilot and authorize a purchase order for the one-
year period of fiscal year 2010 -2011.
6. AUTHORIZATION TO CONTINUE A CONTRACT WITH VAN SCOYOC
ASSOCIATES REGARDING ADVOCACY FOR DREDGING PROJECTS:
LOWER NEWPORT BAY AND THE SANTA ANA RIVER
MARSH/NEWPORT. SLOUGH (C -4032). [381100 -2010] Authorize the City
Manager to enter into a Professional Services Agreement of up to $60,000 for
one year with Van Scoyoc Associates to advocate for dredging the Lower Bay
and the Santa Ana River Marsh.
7. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH.'MCO - ADVANCED DOCUMENT IMAGING
SOLUTIONS FOR .HISTORICAL DOCUMENT DIGITAL ARCHIVING
SERVICES (C- 4122). [381100 -2010] Approve Amendment No. 1 to
Professional Services Agreement with MCO - Advanced Document Imaging
Solutions for historical document digital archiving servioes to increase the
contract amount by $26,000 and to extend the term of the contract to June 30,
2012.
8. APPROVAL OF SOFTWARE LICENSE AND PROFESSIONAL
SERVICES AGREEMENT WITH NORTHROP GRUMMAN (C- 4566).
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[381100 -20101 a) Approve an expenditure of $121,547 to upgrade the Police
Department's Computer Automated Dispatch (CAD) software from Windows
2000 Operating System to Windows XP Professional; b) authorize a single -
source contract with Northrop Grumman (formerly PRC), the product
manufacturer of the Police Department's CAD System; and c) authorize the
Mayor to execute a Software License and Professional Services Agreement
contract with the vendor as approved as to form by the Office of the City
Attorney.
9. NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL
EQUIPMENT (C4199) - AWARD OF CONTRACT. [381100 -20101 a)
Approve the project drawings and specifications; b) award the contract (C -4139)
to GMF Sound, Inc. for the total bid price of $119,793, and authorize the Mayor
and the City Clerk to execute the contract; and c) establish an amount of
$11,979 (10 %) to cover the cost of unforeseen work.
10. REGISTRATION SOFTWARE UPGRADE WITH ACTIVE NETWORK TO
PROVIDE RECREATION CLASS REGISTRATION, MEMBERSHIP,
POINT OF SALE AND. FACILITY RESERVATION SERVICES (C- 4567).
[381100 -20101 a) Authorize the waiver of Council Policy F-5, the adopted
purchasing guidelines, and authorize the Recreation and Senior Services
Director and the City Attorney, or his designee, to negotiate with the sole
source vendor The Active Network (TAN) for maintenance support and hosting
data to upgrade the existing software of Recware Safari to ActiveNet which
provides online. recreation class registration; membership, and facility
reservation services; b) approve a three -year contract, with option to renew
annually after the first three years with TAN; and c) authorize the City
Manager to negotiate and execute contract extensions at the end of the initial
three -year contract on a year -to -year basis.
11. AMENDMENT NO. 1 TO CONTRACT WITH GC ENVIRONMENTAL,
INC. FOR MAINTENANCE/REPAIR SERVICES FOR THE NEWPORT
TERRACE LANDFILL GAS CONTROL SYSTEM (C -4212). [881100-20101
a) Approve Amendment No. 1 to the Contract with GC Environmental, Inc.
(GCE) in the amount of $66,206.00 for an additional one (1) year (FY 2010 -
2011) of Operation, Monitoring and Maintenance (OM &M) of the Newport
Terrace Landfill Gas Control System (System).
14. APPROVAL OF A FIVE YEAR AGREEMENT WITH THE COUNTY OF
ORANGE FOR :MOORING MANAGEMENT SERVICES IN NEWPORT
HARBOR (C- 4569). 1381100 -20101 a) Approve and authorize the Mayor and
City Clerk to execute a.Cooperative Agreement with the County of Orange for
mooring management in Newport Harbor for five years; b) approve Budget
Amendment No. IOBA -055 for FY 2009/10 for the Cooperative Agreement for
$180,000 from Unappropriated Reserves (Tidelands) to account #2371 -8080
(Professional and Technical Services).
15. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WITH ANCHOR QEA, L.P. FOR FINAL ENGINEERING EVALUATION
DESIGN AND PERMITTING SUPPORT FOR THE RHINE CHANNEL
CONTAMINATED SEDIMENT CLEANUP PROJECT (C4304). [381100•
20101 a) approve Amendment No. 2 to the Professional Services Agreement
with Anchor QEA, L.P. to prepare the final engineering evaluation, design anc
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permitting support for the Rhine Channel project; and b) approve Budget
Amendment No. 10BA -054 for the scope of work for $307,460 and for permit
fees and air quality mitigation credits for $71,035 from Unappropriated
Reserves (Tidelands) to Capital Improvement Project #7231- C4402001
(Newport Harbor Dredging Project).
D. MISCELLANEOUS
16. PLANNING COMMISSION AGENDA FOR JUNE 17, 2010. [100 -20101
Receive and file written report.
17. APPOINTMENT OF DANA SMITH AS ALTERNATE BOARD MEMBER
TO METRO CITIES FIRE AUTHORITY, [100 -2010] Appoint Assistant City
Manager Dana Smith as the Newport Beach Alternate Member of the Metro
Cities Authority Board of Directors.
18. 2010 DRINKING WATER QUALITY REPORT ON PUBLIC HEALTH
GOALS. [100 -2010] Receive and file.
Motion by Mayor Pro Tem Henn seconded by Council Member Rosanskv to approve
the Consent Calendar, except for the items removed (12 & 13); and noting that Item 15
(Professional Services Agreement with Anchor.QEA, L.P. for Final Engineering Evaluation,
Design and Permitting Support for the Rhine Channel Contaminated Sediment Cleanup
Project) has a new project schedule attached to the report.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry,
Council Member Webb, Council Member Gardner, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
12. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT
BEACH AND THE ORANGE COUNTY MUSEUM OF ART. (OCMA) TO CREATE
A SCULPTURE PARK AT THE CIVIC CENTER (C- 4568). 1281100 -20101
Council Member Rosansky requested a brief presentation from staff. City Manager,
Kiff stated that the agreement is to approve a sculpture garden at the new Civic Center
Park project which will allow placement of temporary and permanent art and he briefly
discussed the art sites and proposal.
In response to Council Member Webb's question, City Manager Kiff stated the OCMA
will make their recommendations to the Arts Commission who in turn will present
follow up recommendations to Council.
In response to Mayor Pro Tem Henn's question, City Manager Kiff clarified that the art
areas controlled by the -City will have more public traffic than the areas controlled by
OCMA.
In response to Council Member Selich's question, City Manager Kiff clarified that
recommendations for the maintenance of the sculpture garden will be brought to
Council as a part of the budget.
Mayor . Curry expressed support'for the agreement stating that the City has
the opportunity to use one of the most prestigious art collections, noted that the
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space will have international recognition in terms of its significance, thanked the Arts
Commission for helping conceptualize the idea, expressed confidence in the Art
Commissioner's role in making the vision a reality, believed that the art will enhance
the site, and discussed the possibility of the garden being included in the
California Biennial Art Exhibit.
Council Member Webb also thanked the Arts Commission and stated that this will be a
wonderful opportunity for the City to add more art in public places.
Motion by Mayor Curry, seconded by Council Member Webb to approve the
proposed MOU .between the City of Newport Beach ( "City ") and OCMA to create a
Sculpture Park at the Civic Center, and authorize the City Manager to enter into a
License Agreement with OCMA to provide OCMA access to the Civic Center site.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
13. CIVIC CENTER AND PARK - GEOTECHNICAL OBSERVATIONS AND
CONSTRUCTION MATERIAL TESTINGS - APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. (C- 4527).
[381100 -20101
In response to Council Member Daigle's question, Public Works Director Badum stated
that there were several firms that qualified; however, Leighton Consulting, Inc. had the
most experience with the project. He noted that staff clarified that their rates, fees,
and charges were consistent with other qualified firms, explained that the contract is
with the City in which C.W. Driver gets no benefit, and briefly discussed changes to
Council Policy F -14 which will be proposed to Council at a later date.
In response to Council Member Webb's question, Public Works Director Badum stated
that the contract is a professional service agreement using the quality based selection
method and expressed confidence that Council will be satisfied.
City Attorney Hunt reiterated that the agreement is a professional services contract in
which the City is allowed to negotiate to acquire the best price and was previously
requested by Council.
Motion by Council Member Webb. seconded by Council Member _Gardner to
approve a Professional Services Agreement (PSA) with Leighton Consulting, Inc.
(Leighton) of Irvine, to conduct geotechnical observations and construction materials
testing for the Civic Center and Park Project at a not -to- exceed contract price of
$326,563.00, and authorize the Mayor and City Clerk to execute the agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that the next Citizens Aviation Committee meeting will be
held on Monday, June 28, 2010 at the Central Library. She stated that the City is continuing
to work with John Wayne Airport on improvements to Duke 2 to prepare for the next phase and
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noted that the FAA and the Airport has acknowledged their shortcomings in Duke 2. Council
Member Webb added that the Comittee is working to move Duke 3 farther into the center of the
Bay and expressed concern for overflights on the westerly side of the Bay.
Council Member Gardner reported that EQAC is considering the proposal to expand the
smoking ordinance to parks and other public places.
Mayor Pro Tem Henn reported that the Citizens Technology Committee will be presenting a
report to Council at the second meeting in July with recommendations on how to reorganize the
technology of the City. He commended residents for volunteering and offering their expertise,
noted that it has been a great process, and believed that their results will yield some good
strategy information.
XV. PUBLIC COMMENTS
Casey Clark requested to speak to someone about the mulch in the Bay, asked for a referral for
a doctor stating that she is ill from the water, and expressed appreciation for the dredging.
Council Member Gardner invited Ms. Clark to attend a Coastal/Bay Water meeting on July 8,
2010 to explore her issues.
XVI. PUBLIC HEARINGS
Without objection, Mayor Curry combined Items 19 -22 and stated that Council will vote on the
items separately.
Mayor Curry opened the public hearing.
Economic Development Coordinator Bowden stated that no written protests were received.
Hearing no testimony, Mayor Curry closed the public hearing.
19. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING
THE LEVY OF ASSESSMENT FOR THE RENEWAL OF THE BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010-2011.[100-20101
Motion by Council Member Rosansky, seconded by Council Member Webb to
adopt Resolution No. 2010 -66 confirming the levy of assessment for the for the renewal
of the Balboa Village Business Improvement District (BID) confirming the levy of the
BID .assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the
Council received protests representing 50 percent or more of the total assessment
amount.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
20. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING
THE LEVY OF ASSESSMENT FOR THE RENEWAL OF THE BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010-2011.[100-20101
Motion by Council Member Rosansky seconded by Council Member Webb to
adopt Resolution No. 2010 -67 confirming the levy of assessment for the renewal of the
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Marine Avenue Business, Improvement District (BID) confirming the levy of the BID
assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the Council
received protests representing 50 percent or more of the total assessment amount.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
21. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING
THE LEVY OF ASSESSMENT. FOR THE RENEWAL OF THE BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010-2011.[100-20101
Motion by Council Member Rosanskv. seconded by Council Member Webb to
Conduct public hearing; and b) adopt Resolution No. 2010 -68 confirming the levy of
assessment for the renewal of the Corona del Mar Business Improvement District (BID)
confirming the levy of the BID assessment for the 2010 -2011 fiscal year, unless during
the Public Hearing the Council received protests representing 50 percent or more of the
total assessment amount.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
22. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS
IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING
AND ADOPT RESOLUTION CONFIRMING THE LEVY OF ASSESSMENT FOR
THE RENEWAL OF THE-BUSINESS IMPROVEMENT DISTRICT FOR FISCAL
YEAR 2010-2011.[100-20101
Motion by Mayor Pro Tem Henn, seconded by Council Member Webb to adopt
Resolution No. 2010 -69 confirming the levy of assessment for the renewal of the
Restaurant Association Business Improvement District (BID) confirming the levy of the
BID assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the
Council received protests representing 50 percent or more of the total assessment
amount.
The motion carried by the following roll call vote:
Ayes: Council Member Selich; Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
23. ' CODE AMENDMENT TO ALLOW THE CHANGE OF A FRONT -YARD
SETBACK ESTABLISHED ON DISTRICTING MAP NO. 24 FROM 38 FEET TO
16 FEET (PA2010 -017). [100 -20101
Mayor Curry opened the public hearing.
Joe Silvoso I1, President of Irvine. Terrace Community Association, expressed support
for the Code Amendment.
Hearing no further testimony, Mayor Curry closed the public hearing.
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Motion by Council Member Webb, seconded by Council Member Rosansky to
introduce Ordinance No. 2010 -11 approving Code Amendment No. CA2010 -002, and
pass to second reading on July 6, 2010.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
24. DIAGNOSTIC AND INTERVENTIONAL SPINAL CARE (D.I.S.C.) (PA2010 -062) -
3501 JAMBOREE ROAD AND 301 BAYVIEW CIRCLE - PLANNED
COMMUNITY AMENDMENT NO. PD2010 -004 AND TRAFFIC STUDY NO.
TS2010 -002 - ADDING OUTPATIENT SURGERY AND MEDICAL OFFICE AS
PERMITTED USES, ADDING PARKING REQUIREMENT OF 7/200 SQUARE
FEET FOR SUCH USES, AND FINDING THAT THE TRAFFIC STUDY
COMPLIES WITH THE TRAFFIC PHASING ORDINANCE. [100 -2010]
Assistant Planner Whelan reported that the traffic study concluded that the project will
not create a significant impact at the study intersections and staff recommended that
Council introduce the Ordinance finding that the traffic study complies with the Traffic
Phasing Ordinance.
In response to Council Member Gardner's question, Assistant Planner Whelan stated
that the Braykob's reside in the Bayview Planned Community.
Council Member Daigle noted that the Planning Commission recommended approval of
the project, stated that the building is 73% vacant which is a great economic
development opportunity, and expressed appreciation for SK Hart's willingness to
invest in the City.
Motion by Council Member Daigle seconded by Council Member Webb to a)
introduce Ordinance No. 2010 -12 approving Planned Community Amendment No.
PD2010 -004, and pass to second reading on July 6, 1020; and b) adopt Resolution No.
2010 -70 finding that the traffic study complies with the Traffic Phasing Ordinance, and
based on the weight of the evidence in the administrative record, including Traffic
Study No. TS2010 -002, the construction of the Project will be completed within 60
months of the project approval, the Project will neither cause nor make worse an
unsatisfactory level of traffic service at any impacted primary intersection, and no
improvements or mitigations are necessary
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
S26. HOAG MEMORIAL HOSPITAL PRESBYTERIAN — DEVELOPMENT
AGREEMENT ANNUAL COMPLIANCE REVIEW (C-2912).[38/100-20101
Motions Council Member Rosansky, seconded by Council Member Webb to
continue the item to the July 27, 2010 meeting.
The motion carried by the following roll call vote:
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KAUI�
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
25. APPOINTMENTS TO BOARDS AND COMMISSIONS. [241100 -20101
Mayor Curry stated that Planning Commissioner Scott Peotter provided a letter of
resignation withdrawing from consideration for another four -year term. He noted that
Mr. Peotter has agreed to extend his term to July 31, 2010 to allow time for him to
complete the Zoning Code Amendment.
In response to Council Member Rosansky's question, City Attorney Hunt stated
that changing the term does not violate the Brown Act and is consistent with the
Charter and other City regulations.
Mayor Curry thanked all residents that applied and congratulated the new appointees.
Council Member Gardner suggested that, applicants express why they are interested in
a certain committee and that they provide what significance they can bring, which
will aid Council Member's in the evaluation of the applications.
City Clerk Brown read the ballot votes for the Board of Library Trustees as follows:
Gloria Alkire (Daigle)
Jerry King (Selich, Rosansky, Webb, Gardner, Mayor Pro Tem Henn, Mayor Curry)
City Clerk Brown announced that Jerry King is appointed to the Board of Library
Trustees for a four -year term.
City Clerk Brown read the ballot votes for the Arts Commission as follows:
Gilbert Laskey (Selich, Rosansky, Webb, Gardner, Daigle, Mayor Pro Tem Henn, Mayor
Curry)
City Clerk Brown announced that Gilbert Laskey is reappointed to the Arts
Commission for a four -year term.
City Clerk Brown read the ballot votes for the Civil Service Board as follows:
Douglas Coulter (Selich, Rosansky, Webb, Gardner, Daigle, Mayor Piro Tem Henn,
Mayor Curry)
City Clerk Brown announced that Douglas Coulter is reappointed to the Civil Service
Board for a four -year term.
- City Clerk Brown read the ballot votes for the Harbor Commission as follows:
Chandler Bell (Selich, Rosansky, Webb, Mayor Curry) (Webb, Mayor Curry)
Duncan McIntosh(Selich, Rosansky, Daigle, Mayor Pro Tem Henn) (Selich, Rosansky,
Gardner, Daigle, Mayor Pro Tem Henn)
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Richard Reyna (Gardner)
Karen Rhyne (Selich, Rosansky, Webb, Gardner, Daigle, Mayor Pro Tem Henn, Mayor
Curry)
Douglas West (Webb, Gardner, Daigle, Mayor Pro Tem Henn, Mayor Curry)
City Clerk Brown announced that Karen Rhyne is reappointed and Douglas West
and Douglas McIntosh are appointed to the Harbor Commission for a four -year term.
City Clerk Brown read the ballot votes:for the Park, Beaches, and Recreation as
follows:
Tom Anderson (Selich, Rosansky, Webb, Gardner, Daigle, Mayor Pro Tem Henn, Mayor
Curry)
Ron Cole (Selich, Webb, Daigle, Mayor Pro Tem Henn, Mayor Curry)
Jack Tingley ( Rosansky)
Jack Wu (Gardner)
City Clerk Brown announced that Tom Anderson is reappointed and Ron Cole is
appointed to the Parks, Beaches, and Recreation Commission for a four -year term.
City Clerk Brown read the ballot votes for the Planning Commission as follows:
Fred Ameri (Webb, Gardner, Daigle, Mayor Curry)
Steven Coyne(Selich, Rosansky, Gardner)
City Clerk Brown announced that Fred Ameri is appointed to the Planning
Commission for a four -year term.
Motion by Mayor Curry. seconded by Council Member Webb to begin the new
Planning Commissioner Fred Ameri's term on August 1, 2010 and extend current
Planning Commissioner Scott Peotter's term to July 31, 2010.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
527. RESOLUTION NO. 2010 -71: FISCAL YEAR 2010 -11 BUDGET ADOPTION,
BUDGET CHECKLIST ITEMS, POSITION CONTROL, MOORING COSTS,
COMMUNITY CASH GRANTS, COUNCIL POLICIES, AND FUND BALANCE
AVAILABLE USES. 1100 -20101
City Manager Kiff utilized a PowerPoint to show updated charts reflecting the results
of the straw votes made by Council during the Study Session, noted that staff is
providing Council with additional information relative to the reclassifications salary
changes, and stated that additional. duties will obligate the City to pay staff more
money.
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In response to Council Member Daigle's question, Utilities Director Murdoch discussed
the role that the ERIP program played in reclassifying positions in his department and
explained the salary savings.
City Manager Kiff asked Council Members to complete the straw vote from the Study
Session meeting.
Regarding the straw vote to change the authorized position control, with Council
Member Daigle opposing, the. majority of Council indicated support for the
motion. Regarding the straw vote on the changes to Community Cash Grants there
was unanimous support. In response to Council Member Gardner's question, City
Manager Kiff stated that every organization that has an expense to the City of $20,000
or more will request approval from the Special Events Committee. Regarding the straw
vote on the Budget Checklist as amended, Council voted in favor of approval. Council
voted in favor unanimously for the Mooring Administration costs, adoption of the City's
Fiscal Year 2010 -11 Budget, and Policy A -12. Regarding the Balboa Theater, Council
approved funding in the current budget and directed that a discussion of the lease,
deadlines, and milestones to be scheduled for the July 27, 2010 meeting. Regarding the
Wayfmding Sign Program, Council recommended to discuss the subject at the July 27,
2010 meeting.
Council Member Daigle expressed concern that legal costs have doubled in three years.
City Manager Kiff thanked staff for their hard work on the budget, welcomed feedback
from Council, and commended Department Heads for aiding in solving problems.
Mayor Curry commended staff for their outstanding efforts of not going into reserves
which was accomplished by substantial reduction in workforce, working in partnership
with bargaining units, contracting out, good management, and staff focusing on their
jobs.
Council Member Selich expressed appreciation for staffs approach to the budget by
allowing Council the opportunity to focus on the critical areas.
Motion by Council Member Webb, seconded by Mayor Pro Tern Henn to a)
approved the proposed changes to Position Control; b) approved the proposed
Community Cash Grants . as. recommended by the City Manager, including
consideration of SEAC's recommendations regarding funding for the Newport Beach
Film Festival and the OC Marathon; c) to apply any increase in Mooring
Administration costs via the new OCSD Harbor Patrol contract (estimated at $70,000)
to Mooring-Permit holders as soon as is practicable given noticing and other, legal
requirements; d) adopt Resolution No. 2010 -71 adopting the City's Fiscal Year 2010 -11
Budget, as amended by Items a -c above; e) approve revisions to Council Policy A -12,
Council Discretionary Grants, and direct staff to return with revisions to Special
Events Policies and NBMC relating to Special Events (NBMC Chapter 11.03); and f)
authorize the City Manager to appropriate the following from Fund Balance Available
upon the close of FY 2009 -10 or the START Video Reserve: 1) approve the funding of
the Balboa Theater — Design Completion - $175,000 and that a discussion of the lease,
deadlines; and milestones to be brought back to Council on July 27, 2010; and 2)
continue the Wayfinding Sign Program — Project Completion — up to $250,000, but tied
to actual bid amounts if less than $250,000 to the July 27, 2010 meeting.
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City of Newport Beach
City Council Minutes
June 22, 2010
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT - Adjourned at 8:18 p.m in memory of Carol Jewell and Dorothy Jo
Swanson.
The agenda for the Regular Meeting was posted on June 16, 2010, at 5:30 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 18,
2010, at 2:15 p.m on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
Recordingiecretary
Mayor
NIL
City Clerk
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