HomeMy WebLinkAbout01 - Minutes - 03-13-2007Agenda Item 1
March 27,2007
Agenda Item 1
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
March 13, 2007 — 4:00,p.m.
ROLL CALL
Present: Council Member Curry, Mayor Pro Te Mayor Rosansky, Council Member
Webb, Council Member Daigle, Co er Gardner
Excused: Council Member Henn
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS
In response to Council Member
clarified that the SAHPAC ii
Daigle's question on Item No.
and concept plans will be disci
about the incorporation of the
was clarified that the library is
have an ag7 t on
a part of the ca
the
Council er Curry.
Manager tated t]
General Plan ment
CONSENT
gamut Item No. Nat Manager Bludau
qty. In respoCouncil Member
u stated that an is being hired
sessions. Council Member Webb asked
xy with OASIS being an option, and it
„1iil
Me tad ow if it is normal that the City
Of rte Wd ce cI)o stated that the agreement is
t budexp lain a purchasing/bid options.
�bb'a cneEto about the annexation and redevelopment
ie tem No. 6 that the cost to provide the Code
the City and this is the second contract
these :.. 'ces for the area.
i No. 4 had stakeholder input and Assistant City
long list of interested parties and it has been to the
In response to Co r Curry regarding Item No. 7, City Attorney Clauson stated
that it is typical that ents include professional liability insurance. However, the City
has been using Hessell for a long time and she thinks the issue was discussed previously but
cannot recall the specifics. Assistant City Attorney Harp stated that Hessell has agreed to
enter into the City's typical Professional Services Agreement.
Council Member Henn joined the meeting at 4:11 pm.
In response to Council Member Henn on Item No. 16, City Manager Bludau stated that the
Planning and Building department directors are reporting to Assistant City Manager Wood
which was what he understood Council.had requested.
City Manager Bludau stated that staff is recommending that Item No. 10 be contiuued.for
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City of Newport Beach
Study Session Minutes
March 18, 2007
two weeks. In regard to Item No. 14, he stated that he is expecting a letter from The Irvine
Company stating that they will not accept any liability for banners hung on the light poles.
In response to Council Member Webb's question regarding the use of the poles for previous
events, City Manager Bludau confirmed that the rust problem issue was brought up
recently.
City Manager Bludau noted that Item No. 18, which is not part of the Consent Calendar, will
be continued for two weeks.
2. OCTA PRESENTATION REGARDING THE
PROJECTS.
In response to
ZK11121-
[77
OF MEASURE M
I
t of Special Projects, OCTA, who
cults for Measure M in Newport
M at a higher rate than other
(M2) which consists of local,
nd oversight pro . These programs will be
for more funds. OC in the process of setting
-take Me ure M whi involve a wide range
0 er 2007 pr- that are priorities
n, I -5 Gatew oject, Interstate
91 (SR -91) Eastbo Environmental
EIR, South County Major Investment
Geotechnical Study, Central OC
pancy Vehicle Policy Review, Bus
ity Transit Program. Mr. Ward
!e,
position 1B and the SR-91
in about how the City gets their priorities to
ind staff need to think about how they would
asking for input from the City. The advisor
F ndations for competitive funding. No cities
is to have all of the cities to be considered
Council Me `' Webb cl d the forts to become Measure M qualified stating that the
City had no p ms q under the first Measure M plan.. He asked if there is
maintenance of a in t w Measure M plan. Mr. Ward stated the City will start with
the same baseline 11 but it will be indexed upwards from that point. Council
Member Webb clarifie a City will have the decision for local projects; however, for
regional projects the City would have to quickly weigh in at hearings. Mr. Ward stated that
the OCTA is looking to have early action on 7 out of 12 freeway projects, two major street
programs and the transit programs including local community transit
Council Member Curry congratulated Mr. Ward and the OCTA staff for how they put the
plan together and stated that they deserve credit for their accomplishments. He encouraged
the OCTA to leverage funds and hopes that they will have an early action program for traffic
synchronization and vehicular runoff in Newport. Bay, which are major concerns to the City.
Mr. Ward said that there will be a technical committee to advise and make recommendations
to the Board.
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Study Session Minutes
March 13, 2007
3. SOLID WASTE FRANCHISE AGREEMENTS.
General Services Director Harmon presented a PowerPoint presentation on commercial solid
waste collection. He stated that the City uses a non - exclusive system which allows for a wide
range of haulers. He clarified that these franchise agreements deal strictly with commercial
solid waste. The City currently has 25 haulers, 9 are fixed routes and 16 are temporary bin
services. The current agreement was entered into in 1996 for .10 years and will expire this
month, therefore he is asking the Council to enter into new franchise agreements with the
existing haulers. The haulers are regulated for health and safety reasons, trucks are
inspected for conditions and drivers are properly need. If the AB939 diversion
requirements are not met it will result in a $10,000 a for the City.
ec oke briefly about the different aspects of the franchise
the enge , 'th non- franchised haulers.
In response to cil M r Daigle regarding Section 9 of the 1996 agreement and
Section 9 of the p Id se agreement, Revenue Manager Glen Everroad explained
that the City had 4 in the last 11 years using different auditors. The agreement
states that the ha rmation is kept confidential and there are also State
requirements that the franchisee records be kept confidential unless there is a court order.
The haulers are reconciled annually now and it has improved the relationship between the
City and the haulers.
In response to Council Member WebVs question regarding an increase to the diversion rate
for the commercial haulers in order to meet state mandated requirements, General Services
Director Harmon stated that he believes overall the City will be at 57 %, but is open to
gradually adjusting the commercial requirement to 55 %.
Mayor Pro Tem Selich stated that he is concerned about entering into a ten year agreement;
however City Attorney Clauson stated that the law requires that the City give a five year
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City of Newport Beach
Study Session Minutes
March 13, 2007
notice to change or cancel the franchise anyway.
In response to Council Member Gardner, City Attorney Clauson stated that if an individual
hauler is not operating under the terms of the agreement, the City can terminate the
agreement without providing a five year notice.
General Services Director Harmon reviewed a map of the City denoting the different areas of
the City and who collects the trash in each area.
PUBLIC COMMENTS - None
ADJOURNMENT - 5:17 P.M.
The - agenda for the Adjourned Regular Meeting was
City Hall Bulletin Board located outside of the City of
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:h 7, 2007, at 2:15 p.m. on the
Administration Building.
Secretary
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 13, 2007 — 7:00 p.m.
I. STUDY SESSION - 4:00 pm.
II. CLOSED SESSION - 5:20 p.m.
III. RECESS
IV. RECONVENED AT 7:00 P.M. ]
V. ROLL CALL
Present: Council Member Henn, Council Membe
Council Member Webb, Council Member
X
Pro Tem S^ Mayor Rosanaky,
Member Gardner
W Commerce on a Century of Service to
ard, and Jeff Parker, Vice President, accepted on
007 was proclaimed as Newport Beach Chamber of
Day.
Council Member ed that he was fortunate enough to have participated in two tours on the
peninsula. The fir ur was to the.Junior Lifeguard temporary facility. He recognized Renee
Boyer as the Dorot Palen award recipient. He indicated seasonal lifeguards are needed and
encouraged referrals to the program. He also toured the Balboa Theater and reviewed the theater
plan, which is a very important part in regeneration of the Balboa Village area. He thanked Mayor
Rosansky for being the driver of the March 2nd conference on group homes.
Council Member Curry advised.thatAssembly Bill 1355, introduced on February 23rd by
Assemblymember Houston, requires that harbor patrol services be peremally provided by the
Sheriffs Department. Staff is currently in discussions with the County about potentially taking
over those duties and would like the flexibility of providing these services with the City's Cue and
police personnel, or other less costly service than the Sheriffs Department. He asked staff to bring
back a report on March 27th taking a position in. opposition to this legislation and noticing the
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City Council Minutes
March 13, 2007
U11
appropriate legislators and the County Board of Supervisors. He wished the Cal State Long
Beach 49ers good luck in the NCAA basketball finals against Tennessee.
In response to a question by Council Member Webb, Council Member Curry stated Council should
adopt a resolution in opposition and send it with a letter to the legislators and County Supervisors.
Council Member Webb suggested involving all the beach communities up and down the coast. On
Monday, for Arbor Day, the Rotary Club donated a tree to Newport Elementary School
and distributed seedlings to the third graders.
Mayor Rosansky stated the group home conference attracted over attendees from over 100 cities
throughout the state. The conference was a big success, ands some valuable information
from the best practices session. The most eye - opening mat that other cities have a similar
problem, and hopefully, if they band together, can get actio to level.
Council will have a retreat on March 24th at the Ce abrary ds Room beginning at 8:30
a.m. and noted the public is invited to attend. The cix n topic w' ouncil priorities for the
next year, or several years, and he encouraged Ae interested to atten On Thursday, March 15th, from 5:00 p.m. a eeting of ntense Residential
Occupancy Committee will be held in the Cou s, an he encouraged anyone interested
to attend.
-CONSENT CALENDAR
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D. RESOLUTIONS FOR ADOPTION
6. RESOLUTION RELATING TO CODE ENFORCEMENT IN WEST SANTA
ANA HEIGHTS (C -8778) [381100- 20071. a) Adopt Resolution No. 2007 -14
authorizing the City's Code and Water Quality Enforcement staff to serve the West
Santa Ana Heights community for a two -year program or until such time as the City
annexes West Santa Ana Heights, whichever comes sooner; and b) authorize the
City Manager to execute a final contract with the County of Orange in substantially
similar form to the draft agreement attached to the staff report.
E. CONTRACTS AND AGREEMENTS
9. OASIS REDEVELOPMENT CONCEPTU PLAN - APPROVAL OF A
PROFESSIONAL SERVICES AGREE TH ROBERT R. COFFEE
ARCHITECT + ASSOCIATES (C -892 [3 0071. Approve a PSA with
Robert R. Coffee Architects + Associa o hi services at a not -to -exceed
price of $98,840 and authorize t r and the Clerk to execute the
Agreement.
10. AMENDMENT TO PROFE S CES AGR NT WITH EIP
ASSOCIATES, INC. AND BUDG NT - HC COMMENTS AND
FINAL PRINTING (C -3620) [381100. Continue to March 27, 2007.
12. POLICE FACILITY Y RENOVA - REJECT ALL BIDS (C -8902)
[100.20071. a).Reject request t 'test to revise the plans and
specifications as needed a et costs eet the budgeted amount; and c)
direct staff to advertise the via
1100rumm"010, 177-Mm
18. B AM MENT TM ACCEPT A CHECK FROM THE NEWPORT
BEA B LIBRARY. NDATION AND APPROPRIATE FUNDS
FOR F ACCOUNT [100.20071. Approve a budget
ent A -05 ease revenue estimates by $6,979 in Account No.
4 (Lib Foundation Donations) and increase expenditure estimates by
the as ount ..on 4090 (Foundation).
REQUE OF HE NEWPORT BEACHIOASIS SENIOR CENTER
UILDIN UND ,[100.20071. Approve granting official recognition to The
port ch/OASIS Senior Center Building Fund Committee and provide
'al port to the Committee from the existing OASIS Capital Fund held in
the serve Account.
16. MO HLY PROGRESS REPORT ON PLANNING DEPARTMENT AND
DEVELOPMENT REVIEW FUNCTION [100.20071. Receive and file.
17. PURCHASE OFFICE TRAILERS [100.20071. a) Approve a budget amendment.
(0711A -056) transferring the amount of $30,000 from salary savings in the
Engineering Division (5100 -7000) to Account No. 5100 -9400; and b) approve the
purchase of two (2) 24' x 40' office trailers from Modular Structures International at
a cost not to exceed $127,977.
S23. AWARD CONTRACT FOR POLICE DISPATCH ADJUSTABLE
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City Council Minutes
March 13, 2007
F4 iii
WORKSTATION PROJECT (C -3923) [281100- 20071. a) Approve the purchase of
Police Communications Center replacement furniture from Russ Bassett
Corporation in the amount of $95,092; and b) authorize the City Manager to execute
a standard Professional Services Agreement with the vendor as approved by the
City Attorney's office.
Motion by Mayor Pro Tem Selich to approve the Consent Calendar, with the exception
of the items removed (7, 8, 11 and 14, the continuance of Item 10 to March 27, 2007, and the
correction to the minutes).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member CuEK Mayor Pro Tem Selich,. Mayor
Rosansky, Council Member Webb, Council MejplWigle, Council Member Gardner
7. PROPOSED ASSESSMENT DISTRIC O. 9 - PACIFI VE - CORONA DEL
MAR FOR UNDERGROUNDING ILITI S AND D ION AS AN
UNDERGROUND UTILITIES DIS C-892 38/891100-20
Associate Civil Engineer Arciniega respond questions by Council Member Gardner
regarding noticing of the h eowner mee ' February 20th and tonight's Council
meeting and district constru ts. He noted enerally smaller districts have had
a higher assessment, but with ase in cons costs, the costs have gone up
significantly.
In response to a tion by Co un r r, Mr. Arciniega stated that since the
petition for the s rece ived, ere has b a boundary change with the addition of
some lots al Acacia et, which done at the suggestion of staff and the assessment
engineer due a benefit operties fronting Acacia will derive from the
improved seat . T erage asses nt for those lots is between $2,000 and $3,000,
appro ' ately on sment amount.
or sta s is a very small district (37 homes), and even if the cost is
uglily the as a 2 district, part of the issue is staff time. Doing the districts
iecemeal is staff ve, and the smaller districts don't make sense. Standards
trict size n be . blished. There are other telephone poles that back up to these
ho o addition reets could have been added to this district.
In respo ciniega stated the original district :fell apart, because the residents
wouldn't si petition due to the cost. The matter was shelved for a year or two until
another prop nt came forward, and she was able to obtain the signatures and community
support kno me that it was going to be an expensive project. They had 62 °k certified in
favor of proceeding.
Mayor Rosansky stated that it's one thing to have someone come to your front door to sign a
petition, but when it comes to voting, that is a different story. He will support the matter as
the residents want it and will ultimately decide whether to go forward; however, staff needs
to establish criteria to make the assessment districts larger. He stated utility
undergrounding is taking place where he lives, and it has improved the area dramatically.
The expense is low in comparison to the amount of money invested in their homes.
Jerry Estroski expressed his opposition to Assessment District 94. He stated that it's
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City Council Minutes
March 13, 2007
important to note that Barbara Gladman, the proponent, no longer lives in the district. The
cost is not trivial, and from an aesthetic standpoint, the remaining poles are still there. If
they had a recommendation, they would say do it for all of Corona del Mar. He is opposed to
doing it for such a small district at such a significant cost when the remaining poles will still
be seen.
Scott Cameron, speaking on behalf of Melody Ord, questioned who proposes Assessment
Districts, why this district is limited to the proposed boundaries, why this is done in
a piecemeal approach, whether the economics of citywide power pole removal has been
analyzed, and why it requires a majority protest vote.
Council Member Webb stated that Newport Beach h bly done more Assessment
Districts than any other city in the state. The prose as started 35 years ago, and the
areas with above ground utilities are the older are r areas of the city have already
paid for undergrounding utilities in their home p ase and yet the question always
comes up about paying for it citywide. This w he f ' ose homeowners that have
already paid. It's nice to have larger distri the case West Newport District,
it took 7 -8 years to obtain 50% of the pe ' s due to its size. Th residents willing to
settle for the higher price of a small in or r to get the mplished more
rapidly.
In response to a question by Council Memberlwiner , Mr. Arciniega stated that typically
the neighborhood meetings a tended by less t 0% of the residents. For this district
(37 properties), there were 15 le who sf a the February meeting, and the
reaction was very positive. Ba eeting in ary, he thought it was a solid
project. The proponents define a bo and a required to obtain 60% of the
property owner signatures. State 1 dj@0rtesF1WAJWedure of protest voting.
V Me-12" r Webb to a) adopt the following resolutions: (1) Resolution
No. finding on. a petition for, adopting.a map showing the proposed
bounaking appointments for . proposed Assessment District No. 94; (2)
Reso7 -16 declaring .intention to order the construction of certain
improsed Assessment District No. 94; declaring the improvements to be of
specbing the district to be assessed to pay the costs and expenses thereof;
provuance of bonds; and designating the area an underground utilities
district; (3), Resolution No. 2007 -17 giving preliminary approval to the report of the
assessment engineer, setting the time and place for a public hearing as May 8, 2007; and
ordering the intention of assessment ballot procedure for Assessment District No. 94; and (4)
Resolution No. 2007 -18 approving contracts for utility improvements for Assessment District
No. 94; and b) approve the Bond Counsel Agreement with Robert Hessell.
The motion carried by the following roll call vote
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City of Newport Beach
City Council Minutes
March 13, 2007
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
8. STATE CONSERVANCY GRANT AGREEMENT; GROUND LEASES; ADMIN WING
CONTRACT FOR THE BACK BAY SCIENCE CENTER; BUDGET AMENDMENT (C-
3451(H) !881100- 20071.
Mayor Rosansky questioned whether recommendation number 2 could be postponed until
receipt of the ground lease, since Council has not seen it. Assistant City Manager Kiff
stated it could be postponed, as the more critical things are the other items, and they are
encouraging Council to approve the sublease. HoweverAp noted that the sublease is
contingent upon approval of the ground lease.
Mayor Rosansky stated his preference is not to ap a X2. ent until seen. Since the
City would not be bound by the sublease if the d ot received, he will move
forward with approval, excluding recommend n
Motion by Mayor Rosanskv to a) ado
formally enter into and/or accept a f
Coastal Conservancy (SCC).to accept 40
the Mayor to execute a Sublease with the
of the Back Bay Science Center, such S
Orange County Board of Sup rs an
and c) authorize the City Mana
California or its Department
construction, construction manal
AdministratEpappro W' , provided
contractors d consti
(07BA -054) s$1(
0.1
$800,000
DF &G to
solution No. 2007- thorizing the City to
greem t or similar d t with the State
0, or t ck Bay! cien nter; b) authorize
Co Ora ge for the afar Quality lab wing
ubleas me effective upon approval by the
d upon tion of the DF &G Ground Lease;
designee to r ' to a contract with the State of
Game pt $900,000 for the design,
gen for the Back Bay Science Centers
00 ally compensates the City and its
anage t; and d) approve a budget amendment
m the unappropriated Tide and Submerged Lands
nt $7457- C0310600 (BBSC) (in increase from
the City reaches an agreement with the State
call vote:
NASSOON er H ouncil Member Curry, Mayor Pro Tem Selich, Mayor
cil M er Webb, Council Member Daigle, Council Member Gardner
ii. UNDERSTANDING WITH LIFEGUARD MANAGEMENT
058) [281100- 20071.
aigle expressed concern that the pension benefits will have a fiscal impact
year and this particular employee group. She does not support the policy
change, but they are committed to working together toward the fiscal betterment of
the City.
Richard Nichols, stated this is a 3% at 50 wage increase for pensions, which amounts to a
16% increase in pay without any increase in yearly pay, if all of it were paid by the City.
Only. 9% is. paid right now, and history has been that within two years,the City will pay
the entire amount. It is a huge pay increase for lifeguard supervisors who are on payroll the
entire year but only work five months a year, and questioned whether this is justified.
Mayor Rosansky stated that he will vote against the contract because of the 3% at 50. The
3% at 50 was given to safety personnel at a time when the stock market was rising and the
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City Council Minutes
March 13, 2007
cost of funding these plans was very low, but conditions have changed. The tide is turning
in the state as far as providing enhanced pension benefits, and this is not the appropriate
time to move against that trend.
Motion by Council Member Webb to approve and authorize the Mayor and City Clerk to
execute the Memorandum of Understanding (MOLD with the Lifeguard Management
Association for July 2006 through December 2008.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, AWor Pro Tem Sehch, Council
Member Webb, Council Member Gardner
Noes: Mayor Rosansky, Council Member Daigle AL
14. NEWPORT BEACH FILM FESTIV
ENCROACHMENT PERMIT NO. N2007 -00
Council Member Gardner expressed c
Company and also with the precedent
not to allow private sponsors of even'
this has been allowed for Chamber of I
City Attorney Clauson stated t staff noticed q few poles in Fashion Island and other
areas were rusted and subse moved, an need to be replaced by the City.
Her understanding is The I desired style of pole and paid to
have.them installed and painted, ut was ul ately responsible for maintaining
them. Since the City maintains a us is the cost to replace them.
City Manage u a d his and tanding The Irvine Company would maintain the
poles. S reco nded in th nditions of approval that the Film Festival be
required o ho harmless a ent and maintain a minimum of $1,000,000
in liability insur
I concern that The Irvine Company has consulted the pole
s the City constructive notice that the poles aren't designed
case, the banners should not be allowed on the poles.
Cif5ftorney ClaulW recommended this item be continued, as the letter was only received
this aWpon and not been investigated by staff.
Mayor Roe ted Council's next meeting is March 27th, and the Film Festival would
like to be the banners on the 29th. He questioned whether discretionary
approval co be granted in order to meet their timeframe.
City Attorney Clauson indicated approval could be granted on all poles excluding the ones
identified in the letter until staff has had the opportunity to review the letter and determine
whether installation on the poles is appropriate.
Motion by Council Member Daigle to continue this item to' March '27, 2007.
In addition, Council Member Gardner stated that an exception is also being made to allow
the banners to hang for a longer period than the maximum allowed.
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March 18, 2007
Substitute motion 3y Council Member Curry to to give staff discretion to approve the
request of Display City, Inc. for the installation of 80 banners on 40 streetlight poles along
Newport Center Drive East/West from March 29, 2007 to April 29, 2007 for the 8th Annual
Newport Beach Film Festival based on the advice of the City Attorney to proceed if they
determine it is appropriate to do so given the constraints we are operating under.
The substitute motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Noes: Council Member Webb A
XIV. PUBLIC HEARING
kt -I
19.
20.
IN -LIEU PARK DEDICATION FEE AI
AND BOB HENRY PARK (contd. from
Motion by Council Member Webb to co
The motion carried by the following ro
Ayes: Council Member Henn, Council. A
Rosansky, Council Memher Webb, C
COMMERCIAL SOLID W OI
SOLID WASTE COLLECTIO
General Services Director HarmonI
at 4:00 p.m., Mde s were
and 2) a grad n the
Staff agre e es.
u. ,
Pro Tem Selich, Mayor
OF EASTBLUFF
Mayor Pro Tem Selich, Mayor
Daigle, Council Member Gardner
rIO W D OF, NON - EXCLUSIVE
TO F HISEES [421100 - 20071.
ew of this item was presented today
an increase in the term to ten years,
starting year 1 at 50% to year 6 at 55 %.
n 0 1 Vlev introduce Ord inance No. 2007 -7, as amended to
Naellec ea e a graduated increase in the diversion level for
e 1% a 55% at year six and remaining at 55% in years 7
;h 1a exc usive Solid Waste Franchise for commercial collection to
Soliti mpanies listed in Exhibit A of the staff report; and pass to
I rea 27 007.
The carried the following roll call vote
Ayes: Co VMCer Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosen cil Member Webb, Council Member Daigle, Council Member Gardner
NEWPORT IF ACH BREWING COMPANY, REVIEW OF USE PERMIT NO. 8485 -
2920 NEWPORT BOULEVARD (PA2006 -177) [100 - 20071.
Motion by Council Member Webb to continue to March 27, 2007 to allow proper noticing
to occur.
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
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March 13, 2007
XV. PUBLIC COMMENTS
Shirley Conger spoke to the City's cost of paying for health care, noting these costs have risen
steadily at two to three times the inflation rate. She displayed a table from the New England
Journal of Medicine comparing health care costs of different countries (Canada, France, Germany,
Italy, Japan, Switzerland, United Kingdom, and United States) in 2003. She noted all these
countries, with the exception of the United States, have a single payor, universal health care
system. There is a bill in Sacramento now for single payor health care.
Jerome Tobis, physician and professor at the University of California School of Medicine, urged
Council.support of Senate Bill 840, which will reduce health care cggag for employees and retirees of
the City. The cost of insurance is rising 15 -20% annually. He a z to support the new bill
which provides health care for all and saves the citizens $8 b' &
Philip Bettencourt; Newport Coast resident, extended a ecia Council Members Gardner
and Curry for their initiatives with traffic safety issu n ewpo t Drive, and he especially
thanked Police Chief McDonell and the Highway P . their rem eavy vehicle inspection
program. He advised the 36th annual police r lion breakfast will b on March 21st, 7:15
a.m., at the Hyatt Regency. %,
Michael Tidus, Jackson I DeMarco I Tidus
citizens regarding the group home issue.
yesterday regarding a moratori um, a
number of people seeking to open grow
report could be presented at the next
proliferation of group homes in close p
imposed. The neighbors believe that sc
occupancy and permits a morator
enforcement, many I d cities
with monitoring uring t the hoi
and Pe Mated he re$resents a number of
He ask ther Council had received their letter
an analysis t ity should undertake regarding the
Moab in the near d whether a code enforcement
number o dents are concerned about the
i h oth , not they want a moratorium
Yeup he getting their certificates of
s to b aced on those permits. Regarding code
group homes to pull permits, so this assists
pass an urgency oidinNQA&lacin& moratorium
Mayor
more a
maintained to code. He encouraged Council to
&vuo homes.
the meeting on Thursday, where these issues can
Di Is also urged cil to a moratorium on this and asked Council to reconsider the
residen a ordinan hat ance, is sabotaging some of the programs and exempting
facilities w or fewer 'dente, which is not what state law says. State law exempts sober
living facilit' ch is w people are housed, they receive no money, and have no programs.
The facilities be scuss allow program facilities and anything under six residents to qualify.
Lori Morris agreed r. Tidus that 45 days is extremely reasonable and will allow the City
to resolve this critic issue and get an idea of what is going. on. She requested Council's deep
consideration in this matter and that Council enact a moratorium. She stated she has appeared
twice (1/12107 and 2112/07) before Council requesting conflict of interest statements. Contract
Attorney Wolcott called her on February 28th to notify her the documents were in the mail; however,
she has yet to receive them. She again requested to receive these statements in a timely manner.
City Attorney Clauson stated the fast request was a demand for an investigation by the
City Attorney's office. The formal Public Records Act (PRA) request was received around February
14th. The documents were gathered, and they have 10 days to respond. On February 28th, Ms.
Wolcott had the information and called Ms. Morris to determine whether she wanted to pick them
up or have them mailed to her. They did not hear back from her, and she believes the documents
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March 18, 2007
M-
XVII.
were mailed to her on Monday.
Mayor Rosansky advised Ms. Morris that if she does not receive the documents by Thursday to call
him, and he will ensure the documents are provided to her.
Ken Kuhlman requested Council enact a 45 -day moratorium, which is not unreasonable.
ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Selich stated the General Plan Implementation Committee interviewed consultants
for the Zoning Code rewrite and will bring the contract to the next ,eting for approval.
Council Member Daigle stated the General Plan Imp
approved the Development Agreement item on tonight's
21. PLANNING COMMISSION AGENDA
Planning Director Lepo reported on t
LLC (PA2006 -270) - 105 Main Street; Thi
Drive; Local Coastal Plan Amendment
(PA2007 -027); and Zoning Cock_Amendml
XVIII. CURRENT BUSINESS
22. FISCAL YEAR 2007 -2008
Committee also discussed and
8,
ning Commis ms: Balboa Inn
i�ects, Inc. (P 005 -158) - 2961 Cliff
1- Coastal Land Use Plan Update
Administrative Director D r presen a PowerPoint slide show outlining the
budget prep on p how reve es and a Fa
are budgeted, and a comparison
of the 2 rsus t 007 -08 Gen al Fund operating budgets. Mr. Danner noted the
salaries and is a maintenance operations budgets for fiscal year 2007 -2008
have increased 4.5 respectively. He reviewed the summary of
in ded t ite adjustments, increases and decreases in 2007 -08
g a ts, ee group negotiations, extraordinary budget amendments and
apital Impro t P IP) Projects, current CIP versus normal funding, General
d revenue a en di ends, General Fund expenditures by function, fund balance
for Gener and serves and internal service reserves, and General Fund
ope expendit by category.
Mr. Da spoke the 2006.07 versus 2007 -08 General Fund operating budget noting
there is a ease in the overall budget. However, he stated this does not include
increases for airing units which have not settled their contracts yet or supplemental
department City Council requests.
In response to a question by Council Member Webb, Mr. Danner stated that if Council wants
to include a CIP project for consideration in the budget process, the request should be
submitted to Public Works Director Badum or City Manager Bludau.
Council Member Daigle stated the City is experiencing extraordinary growth in
revenues with increased sales and property taxes. Expenses have kept up the pace with
revenues, and that is a growth of 8 -9% per year. Council questioned whether the
expenditures should continue to grow at this rate, so a determination was made to study
this at the Finance Committee level to sort out short- and long -term core expenses from
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City of Newport Beach
City Council Minutes
March 13, 2007
what is left over for discretionary funding. The idea is to stabilize expenses so more money is
available for discretionary spending. Discretionary funds are important, as they allow the
Council to address community needs such as ballfield improvements, traffic signal
synchronization, bulkheads, etc. Although $5 million is earmarked for CIP projects in 2008,
the revenues from 2000 to 2007 have increased by $50 million. The majority of this
additional revenue may have gone to expense growth and also Council wanting to embark on
policy initiatives, such as refurbishing senior centers, etc., as well as being good fiscal
managers and returning tax dollars for lasting improvements. In terms of this year's
budget, Council may want to come to consensus on what guidance to give.
Council Member Henn stated the key issue is having a
services delivery system to the residents that minim
Finance Committee is structuring their thoughts as
the City stands as far as core efficiencies in servi
need to be addressed to satisfy themselves that ser
efficient way. In the current year budget, th o sti
between expenses and revenues. Core exp s uld
Ltive responsibility to provide a
WK core cost over time. The
to go about determining where
1, role models, and what issues
e being delivered in the most
was the very narrow gap
items such. as the general election and tionary additions
need to agree upon a core expenses de and 4 eaure pr
expenses and unusual
reserves. There is a
e current budget
cycle. The goal is to widen the gap bet rev and expensor to begin to have
an impact in the current budget year. The 1^ rocess basically embeds prior practice,
and when done over a long p riod of time, thin a embedded that perhaps shouldn t be.
The long -term process should ected at loo embedded practices. In the current
budget cycle, we have been loo 4 year com ual revenue growth rate of 9%
and a compound growth rate of 4 expense chiding CIP. His initial thought
was to try to achieve a target in a ra ionary increase number. Without
having the opport ' to further d e* th rs, he can accept the 3% in this year's
budget. He a ope that udget ' ussions, staff is challenged to look at
expenses t don't asarily e d prior practice and are more efficient in the
short run solicit eir input on o fundamental changes in the long run. His
guidance wo to ize the nu of core expenses and agree on a definition for
core a enses tha g the first Council budget review that gives a view
of a exp incre d then what the other items on top of that would be.
ope is the pense number down to as close to 4% as possible.
cil Member staafffie City is approaching a time of great generational change as
NIh es need be replaced, updated, and modernized to meet community
s an a nsive proposition, but is necessary to leave a legacy of state -of -the -art
the n three generations. There will also be a generational change in the
the retirement of baby boomers, including many departmen t
allow. Council to redesign how services are delivered, and this is the
review how things were approached in the past and perhaps, where
new technologies, applications, and servicing agreements to approach them
differently in the future. It is the Council's responsibility to ensure a continued, solid fiscal
footing for the community.
Mayor Pro Tem Selich expressed support for the approach suggested by Council Members
Henn and Daigle in focusing on core expenses. Within the context of that, every year local
agencies are being required to implement additional programs and regulations mandated
by state and federal agencies, and this needs to be taken into account. We have to be able to
identify that and separate out when looking at the core expense growth.
Volume 58 - Page 83
City, of Newport Beach
City Council Minutes
March 13, 2007
In response to a question by Council Member Curry, City Manager Bludau stated the Zoning
Code rewrite is an operational expense, as well as the General Plan update. Some of the
extraordinary expenses included in the budget may be one -time expenses that hopefully
won't need to be repeated in the future.
City Manager Bludau stated that last year Council formed a committee to look at how the
City could finance its facility needs. One of the recommendations brought to Council was to
put away $3 million a year. Although this may not be the correct number, this budget
includes that $3 million.
Mayor Rosansky stated the City has to be fiscally respon ' le with its money. Growth in
expenditures needs to be balanced against growth in se that residents are provided
with the highest and best services. When these num a looked at, that information will
be needed. He questioned whether we are paying the same services or providing
more services and asked staff to be sensitive to t whe viding the information in the
future.
City Manager Bludau stated the budge ultimately Council's, Council needs to feel
comfortable with what it looks like, as ' s wha ouncil's priori
ifDL MOTION FOR RECONSIDERATION -None
X% ADJOURNMENT - Adjourned at p.m. in memo Jimmie Margaret Davis Curry to
8.30 a.m. on Saturday, March 24, 2
The agenda for the Regular Meeting wrE as arch 7, 7, at 2:15 p.m. on the City Hall
Bulletin Board located outside of the o ch Administration Building. The
supplemental agenda for gular Mee as pos March 9, 2007, at 12:30 p.m. on the
City Hall Bulletin BoaRJXWffFJ1hptside of th ity of Ne ort Beach Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 58 - Page 84