HomeMy WebLinkAbout01 - Minutes - 6-24-2008Agenda Item 411
July 8, 2008
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
June 24, 2008 — 3:00 p.m.
I. ROLL..CALL
Present: Council Member Henn, Mayor Pro Tem Dai Mayor Selich, Council Member Webb,
Council Member Curry, Council Member ' idn
Excused: Council Member Rosansky i
f
II. C.UR_R.ENT.BUSINES_S
1. CLARIFICATION OF ITEMS ON THE CONSENT CALF !,R.
It was a consensus of Council to 1 dia „qus s Item #7 (Lower Newport ay Dredging Project)
during the Study Session.
2. DEPARTMENT BU & , T OVERVIEW I;,,,
Utilities Director Myrteprovi PowerPo presentation that included the mission
statement operating budget and tures;?nd revenue or fees collected for the
different department divis”' s. Fk discussed major department
accomplishments, challenges, wafer supply a power cost increases, the groundwater
basui #Vl mpuig percentage the bench mar king process.
In response to Council's questions, Utilities Director Myrter stated that the proposed
mcreaiAkdn ekp$nditures in the division is from a combination of energy cost
ya ' that `a tt1 tq residents and noted that the increase in revenue relative
to d ga�iis a conservative estimate. He reported that the financial plan will look
at a `t'` rehesive five year approach to give Council alternatives to fund water fee
increase Futhei' ache total amount of water usage is stable and within 3 %, and has
been for t last eight: years. He reported that they will provide information in a future
bill to educ_te residents about the importance of using less water.
Rosansky joined the meeting at 3:16 p.m.
Th , ibrary Director, Cynthia Pirtle, thanked Council for the opportunity to work
in th Ity and provided her background.
Library Services Manager Warren utilized a PowerPoint presentation that included the
mission statement, salaries, maintenance and operations costs, capital outlay,
allocation plan, major expenditures, library organization, proposed new positions,
circulation increase at Mariners, the addition of story times at Corona del Mar Library,
the addition of one position for Arts and Cultural Services, and service indicators.
In response to Council Member Henn's question, Library Services Manager Warren
stated that the additional staff will be at clerk level and not library assistant level, and
the budget is set by the number of hours, not by the number of positions, to ensure that
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City of Newport Beach
Study Session
June 24, 2008
retirement is not required.
Council Member Curry expressed appreciation for the Shakespeare in the Park series.
Recreation and Senior Services Director Morgan utilized a PowerPoint presentation
that included the department successes, department goals, budget overview, division
revenue, what's new, the department overview, Senior Services Division revenue
information, and 'additional funding /services support to Senior Services.
In response to Mayor Pro Tem Daigle's question,_ , creation and Senior Services
Director Morgan stated that 7% of the particip s in the adult recreation classes
are non - residents.
Risk Manager Farley provided a brief explatiMi of the Insurance Reserve Fund for
workers compensation and general liabiliV
f' x
Administrative Services Director Danner utilized a erPoint presentation that
included the Compensated Abseflce Fund, Retiree Ins ce Fund, Debt Services,
Police Grants, AQMD, and Env„rr'onmental Liability.
Council Member Henn noted thaiAega1 expenses related to group homes litigation is
.budgeted through the general liability;, fund. He added that the Finance Committee is
working with. staff to tiview the policiee related to funding levels for all the internal
reserves and they pro mmendatioa;to Council.
:, ..
Council Member Henn mende Recrea and Senior Services Department for
u: =..
their hard work and lack €>_f eomplazal�s':' ^�!�ncilember Curry commended Recreation
u<<
and ' Senie_ Services Director Morgan a his staff. Council Member Webb
compliw'@M i Recreation Ind =Senior Services Director Morgan and believed that
he pulled.a department togeier and made great accomplishments.
use Jo City Manage$ Bludau's question, Recreation and Senior Services
In ret
Director io 4'i that stag' monitors the Senior Center to make sure that the
In real se tdNe ayor Pro Tem Daigle's question, Recreation and Senior Services
Director rgan side that the biggest challenges are to stay on track with opening
the OASI enior C r and to make sure that services for seniors are protected.
City Manafer Bludau suggested that Council clarify information from the checklist, so
they can bproperly addressed at the council meeting, if needed.
In e to Mayor Pro Tem Daigle's question, City Manager Bludau stated that the
perlation. chnician will provide plan check applicants with a checklist of basic
info The process should ultimately provide less reliance on outside plan
checkers.
In response to Council Member Webb's question, General Services Director Harmon
explained that the McArthur Boulevard median trees are a continuance of the project
on San Joaquin Hills Road. Further, the landscaping change at Irvine Terrace is to
add trees and shrubs.
3. LOWER/UPPER BAY DREDGING FUNDING
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City of Newport Beach
Study Session
June 24, 2008
Assistant City Manager . Kiff and Harbor Resources Manager Miller provided
a PowerPoint that included the areas of concern (shoaling), areas of concern (toxicity),
and challenges.
In response to Council's questions, Harbor Resources Manager Miller stated that they
will most likely be able to remove the mercury in some of the areas. He noted that
there are areas that need more testing and if there is a dredging project, they will focus
on the easiest areas first. He explained disposal methods, bond financing, and other
sources of funding. He also stated that the Lower;; Bay is the U.S. Army Corps
responsibility and they never required a local mot h from the City; however, the
strategy is to provide a portion of the money peeded to get the project done. He
anticipated that the recovery.of funds for this p_vject will be funded by Harbor fees, coat
of services, appraisals, and economic analyw; —Wbich is estimated at $3 to $6 million
..
per year. __. •.CR #{;.m.
Council Member Henn suggested thaf'staff make sure a is a full and realistic view
of the total size of the problem. HQ:lelieved that whateve ution is adopted, that the
increased user fees in the harb have a direct connection.
:..
In response to Mayor Selich's q .. des,don, Assistant City Manager"Kiff stated that the
Water Quality Master Plan is use`ttz„ look at the cost, the Harbor Area Management
Plan (RAMP) is a t for funding and is directed towards the regulatory agencies,
and the City would hat eelgrass can be sustained by replanting it at locations
that are not close to re , e ,Piers and boats.
City Manager Bludau bet%ved that p, ;' * hould provide Council with a roadmap for the
protect and a rough estim off s. He no that the $100,000 in the checklist is for
scient'stuy and believe the Lower Bay fees will most likely come from the
City,nd residents. Counci ember Curry agreed that they need to get a handle on
the sand move forward to comprehensive solution.
concern about having a debt service fee for a 30 year
inky expressed concern about ongoing maintenance
fees:
City w1_ ey Cl :;on stated that there's an appraisal that recommended
the amo chargeor rental of the water in the tidelands; however, a large dredge
project of taken into consideration.
Man er Bludau suggested that Item #7 from the Consent Calendar be pulled so
can ovide a comprehensive idea of how the project will be handled.
CounWMember Henn suggested that the money from the checklist remain available
for the scientific study.
4. BUCK GULLY FIRE STUDY.
City Manager Bludau announced that the item will be continued to the July 8, 2008,
Council meeting and that a staff report will be provided.
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City of Newport Beach
Study Session
June 24, 2008
III. PUBLIC COMMENTS - None
IV. ADJOURNMENT - 5:18 p.m
The agenda for the Study Session was posted on June 24, 2008, at 4:15 p.m on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 24, 2008 — 7:00 p.m
I. STUDY SESSION - 8:00 p.m.
II. CLOSED SESSION - 5:18 p.m.
III. RECESS
IV. RECONVENED._ AT. 7-00 P.M. FOR REGULAR
V. ROLL CALL
Present: Council Member Henn, Council Member
Council Member Webb, Council Member
Vl. CLOSED SES_SION.REPORT
City Attorney Clauson reported that, reg
Anaheim -_OCSC _Case No,_.0700095:
amicus in support of the City of Anaheim.
VII. P.LEDGE.OF
VIII. INVOCATION-Mr.
- Council Me, r Curry
Mayor Pro Tem Daigle, Mayor Selich,
incil Member Gardner
-iation vs.. The City of
approved signing on as
Introduction of Ex eling to Okazaki - Kent Moore stated that the
students and c erones be in Okazaki, Japan, from July 7 to July 17, and reviewed some of
the activi ' 1 pa to in. The students and chaperones introduced themselves and
discus ow excite y are visiting Okazaki.
R gnition of the 1 Me ial Cormmittee - Mayor Selich read the Certificate of
reciation and prese d it to the Chair of the Committee, Council Member Curry. Council
r Curry presente rt�cates to the committee members in attendance.
X. NOTI THE PU IC
XI. CITY ._CO_U__ NOUNCEMENTS OR MATTERS _WHICH, COUNCIL MEMBERS
WOULD LIK._ EKED ON_A FUTURE._AGEN..DA .F.OR DISCUSSION�ACTION..OR
Council Member Gardner announced that Fuji Grill is the new concession at Big Corona and that
they are also open in the morning.
Council Member Curry reported that he represented the City at the swearing -in of the new Orange
County Sheriff - Coroner Sandra Hutchens. He also announced that he attended the Mayor's
Summit last week and reported that many cities are conducting citizen surveys to eventually start
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City Council Minutes
June 24, 2008
a benchmarking process.
Council Member Henn announced that April was National Autism Awareness Month. He stated
that his five year old grandson who has autism attends Harper Preschool and participates in a
teacher- organized sports league called High Five. He commended the City's Recreation
Department for assisting with the High Five track meet. He expressed how important the track
meet is to the children, parents, family, and friends. He noted that the lwport -Mesa Unified
School District used to only have three classes available for autistic childr , but now there are 11.
Council Member Rosansky announced that he attended the BAatttended season opener along
with other Council Members and reported that the 1221 Club ntial scholarships to
high school students from the community. He also announ the Irrelevant
Week Kick Off Celebration yesterday.
Council Member Webb requested a report on how the Cit n improve the ap nce of the site
at Coast Highway and Dover. 1
Mayor Selich commended the Balboa Bay Ch
scholarships. He also announced that he atte
Dinner in which he presented four proclamations
XII. CONSENT CALENDAR
A. READING OF.M
10
on their generosity relative to the
neone Cares Soup Kitchen Annual
from the City.
1. MINUTES OF THE S CI ANII REGULAR MEETING OF
JUNE 10, 2008. (100- 08J Wai rea of subject minutes, approve as
written and order filed.
2. READIN ORDINAN' AND RESOLUTIONS. Waive reading in full of
all or and resolutio under consideration, and direct City Clerk to read
by ti only.
3. GENE MUNICIP ECTION - NOVEMBER 4,2008: ADOPTION OF
OL NS CALLING THE ELECTION, REQUESTING
LID ON WITH THE STATEWIDE GENERAL ELECTION
(C DATE LY), AND ADOPTING REGULATIONS PERTAINING
TO DIDA STATEMENTS. (391100 -2008] Adopt the following
resoluti s pertaining to the General Municipal Election scheduled for Tuesday,
Novemb 4, 2008 pursuant to Section 1000 of the City Charter: a) Resolution No.
2008 -54 alling and Giving Notice of the Holding of a General Municipal Election
to be d on Tuesday, November 4, 2008, for the Election of Members of the City
Coun as Required by the Provisions of the City Charter; b) Resolution No. 2008 -
5 uesting the Board of Supervisors of the County of Orange to Consolidate a
rat Municipal Election to be Held on Tuesday, November 4, 2008, with the
tewide General Election to be Held on the Same Date Pursuant to Section
10403 of the Elections Code; and c) Resolution No. 2008 -56 Adopting Regulations
for Candidates for Elective Office Pertaining to Candidates Statements Submitted
to the Voters at an Election to be held on Tuesday, November 4, 2008.
4. MEASURE M SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM. (100•
20081 a) adopt the Seven -Year Capital Improvement Program; b) adopt
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June 24, 2008
C.
Resolution No. 2008 -57 affirming that the City's Circulation Element does not
preclude implementation of the regional Master Plan of Arterial Highways; and c)
direct staff to submit the adopted Seven -Year Capital Improvement Program and
the Maintenance of Effort certification to the Orange County Transportation
Authority to satisfy the eligibility provisions for Measure M and Congestion
Management Programs. _
5. AWARD OF NON - EXCLUSIVE SOLID WASTE
TO CALIFORNIA WASTE SERVICES, LLC.
of Intention No. 2008 -58 setting the public hearin
the award of a Non - exclusive Solid Waste Fr hi
LLC; and b) introduce Ordinance No. 2008.1
Waste Franchise to California Waste Services - C
July 22, 2008. A r
6. ACCEPTANCE OF THE CALIFO.
BEVERAGE CONTROL 2008/2
GRANT TO ESTABLISH AN A 7
THE POLICE DEPARTME
Department of Alcoholic Beverage
Program (GAP) Grant Award in the t(
Liaison Officer position with the
;OLL TION FRANCHISE
70- 81 a) Adopt Resolution
July 22, 2008 to consider
California Waste Services;
anti Non- exclusive Solid
and p to second reading on
ANT ASSISTANCE ROGRAM
N OFFICER PROGRAM WITHIN
'0081 a) Accept the California
(ABC) 2008/2009 Grant Assistance
unt of $100,000 to establish an ABC
Department; b) authorize the
Administrative Service ' ector to establish ue and expenditure accounts in
the Capital Improveme facilitate t ministration of these funds;
and c) adopt Resolution 200 n the AP Grant Award on behalf of
the City.
7. RESOLUTION RELATI FUNDING A LOWER NEWPORT BAY
DREDGIN PROJECT. ( 0081 Removed from the agenda at the request of
Mayor P Daigle.
8. E BAY AND-AC STREET REHABILITATION AND STORM
DRAI RO - AWARD OF CONTRACT (C- 8955). (38/100-
Nprove the plans and specifications; b) award the contract to
o ing for the total bid price of $138,677 and authorize the Mayor
ity to execute the contract; and c) establish an amount of
cover t st of unforeseen work.
9. APPROVAL OF AN ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH ARMS ENGINEERING & DESIGN, INC. FOR STRUCTURAL
ENGI ERING SERVICES (C 4058). [381100-20081 Approve an On-
Call fessional Services Agreement with RMS Engineering & Design, Inc. (RMS)
or s ctural engineering services and authorize the Mayor and the City Clerk to
to the Agre ement.
10. FLASHING CROSSWALK AT NEWPORT
STREET - AWARD OF CONTRACT (C- 3969).
project plans and specifications; b) award th e
Engineering Services, Inc. for the total bid price
Mayor and the City Clerk to execute the contract;
$8,300 to cover the cost of unforeseen work.
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BOULEVARD AND 23RD
(381100 -20081 a) Approve the
contract to PTM General
of $82,780 and authorize the
and c) establish an amount of
City of Newport Beach
City Council Minutes
June 24, 2008
A
11. APPROVAL OF AMENDMENTS TO ON -CALL PROFESSIONAL
SERVICES AGREEMENTS FOR PAVEMENT
EVALUATION, GEOTECHNICAL AND MATERIALS TESTING (C- 8854).
[381100 -2008] a) Approve Amendment No. 1 with LaBelle Marvin, Inc. for on -call
pavement evaluation services and authorize the Mayor and the City Clerk to
execute the Amendment; and b) approve Amendment No. 1 with Willdan
Geotechnical (formerly Arroyo Geotechnical) for on -call geothnical and materials
testing and authorize the Mayor and the City Clerk to exe,te the Amendment.
12. PROFESSIONAL SERVICES AGREEMENT H ORANGE COUNTY
PUMP CORPORATION FOR ON -CALL MP REPAIR AND
MAINTENANCE SERVICES (C- 4059). [38/ 0 -2 Approve Professional
Services Agreement with Orange County P p Corpor n for on -call pump
repair and maintenance services for wat nd wastewater ps, motors and
pumping units and authorize the Ma and the City Cie execute the
Agreement.
18. UNDERGROUND UTILITY RVI REPAIRS - APPROVAL OF
AMENDMENT NO. 1 TO PRO I AL SERVICES AGREEMENT WITH
W.A. RASIC COMPANY, INC. ( 4) [381100 -2008] Approve Amendment
No. 1 to Professional Services Agreem ith W.A. Rasic Company, Inc. for on-
call underground utility repair services authorize the Mayor and the City
Clerk to execute the ments.
14. GENERAL SERVICE UIL LOCKEIV ROOM AND RESTROOM
REMODEL - AWARD CONT 29). [381100 -2008] a) Approve
the project Drawings and. pecific ons; b) a rd the contract to R.G. Fleming,
Inc. for the total bid price o $86 7, and authorize the Mayor and the City Clerk
to execute contract; c) es sh a contingency of approximately fifteen percent
in the of $12,733 cover unexpected construction and miscellaneous
costs; d d) pprove a budge amendment (08BA -081) transferring $34,400 from
pro 't savin in Account No. 15- C5100817, Mariners Park Improvements, and
$ fro roject savings i Account No. 7013- C5100019, Citywide Street,
Parki provements, into Account No. 7011 -C 1002001.
15. IS N:greeme ENTER FUNDRAISING CONSULTANT AGREEMENT -
WROFESSIONAL SERVICES AGREEMENT (PSA) WITH
NET TES, INC. (C- 3888). [381100 -2008] Renew the Professional
Service with Netzel Assoc iates, Inc. to assist the Friends of OASIS in
the capi 1 fundraising campaign at a not to exceed price of $62,400, and authorize
the May and the City Clerk to execute the agreement.
LEGAJI ADVERTISING BID FOR FISCAL YEAR 2008 -2009. [321100 -2008]
Accep he bid of The Daily Pilot and authorize a purchase order for the one -year
eri of fiscal year 2008 -2009.
18. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF
THE CITY COUNCIL PRIORITIES FOR 2008. [100 -2008] Review and
comment.
Motion by Mavor Pro Tem_Dai le to approve the Consent Calendar except for item removed
(17); and noting that Item 7 was pulled from the agenda.
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June 24, 2008
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
XIII. ITEMS REMOVED FROM THE CONSENT.CALENDAR
17. MCFADDEN SQUARE CENTENNIAL LEGACY PROJ T SCULPTURE:
APPROVAL OF CASTING, INSTALLATION AND FIN AYMENT (C- 3990).
[381100 -20081
Council Member Webb announced that the opening cere n' 1 be held on July 21 at
9:30 a.m.
Kirwin Rockefeller, Chair of the City Arts Comr4fision, indicated th he sculpture is
amazing but they have a concern about one line.
At the suggestion of the City Attorney, Council M er Webb suggested with olding 10%
of the final payment until the City Arts C m' n approves the final sculpture.
Motion by_Council_Member,Webb to app the casting, installation of the artwork
(sculpture) for the McFadden Square Centennial cy Project; withhold 10% of the final
payment to Artist/Sculptor Ha Kaminsky unt a artwork (sculpture) has been
modified; and release the 10 °/a al approval of t ' , rtwork (sculpture) by the City
Arts Commission
The motion carried by the followin, roll call
Ayes: Council Member Henn, Couwi
Selich, Coun ember Webb,
XIV. ORAL REPORTS F MC Y. COUNCII
Mayor Pro Tem D e anno v ced that the
indicated that the com ' te® k
WA
ier Rosansky, Mayor Pro Tem Daigle, Mayor
Member Curry, Council Member Gardner
ion Committee will be meeting on June 30. She
website and conducting community outreach.
With5pFobjection, M Selich cated that Items 19 -22 will be discussed at the same time.
1 CORONA fDE R B INESS IMPROVEMENT DISTR ICT (BID) RENEWAL:
PUBLIC AND RESOLUTION FOR RENEWAL OF THE BUSINESS
IMPROVESTRICT FOR FISCAL YEAR 2008 -2009. [100 -20081
20. BOA BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
C CT HEARING AND ADOPT RESOLUTION FOR RENEWAL OF
THE PROVEMENT DISTRICT FOR FISCAL YEAR 2008 -2009. [100-
20081
21. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF
THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008 -2009. [100-
20081
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22. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID)
RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR
RENEWAL AND LEVY OF THE BUSINESS IMPROVEMENT DISTRICT FOR
FISCAL YEAR 2008 -2009. [100 -2008]
Assistant City Manager Wood reported that staff has not received any protests for any of
the Business Improvement Districts (BID).
Mayor Selich opened the public hearing. I '/
Sherry Drury, President of the Restaurant Association D; Peggy Fort, California
Marketing Concepts; Wendy Boyd, American Expres a im Walker, Bungalow
Restaurant, discussed the benefits of a strategic arketin mpaign, restaurant
revenues, how the BID manages its money, and, e reasons having a second
Restaurant Week. Mayor Selich recommended at Restaurant discussions be
conducted during budget deliberations.
Chris Chaney, Five Crowns, thanked CounWIfor th r support.
Hearing no further testimony, Mayor Selicli 'd the public hearing.
Motion_b_y .Council_Me_m_ .be r
of the Corona del Mar BID c
fiscal year.
The motion carried by the
Ayes: Council Member Henn,
Selich, Council Member
of the Bal
fiscal year
The motion
of the Marine
fiscal year.
motion
and
to adopt Resolution No. 2008.61 for the renewal
the levy of the BID assessment for the 2008 -09
call vote:
Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
hmber Webb, Council Member Curry, Council Member Gardner
�r Rosansky to adopt Resolution No. 2008 -62 for the renewal
confirming the levy of the BID Assessment for the 2008 -09
by the following roll call vote:
?r Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Member Webb, Council Member Curry, Council Member Gardner
Motion .—*-i Council Member_Rosansky to adopt Resolution No. 2008 -63 for the renewal
of the Newport Beach Restaurant Association BID and levy for FY 2008 -09.
Council Member Webb noted that his vote does not reflect approval for the Restaurant
Week budget..
The motion carried by the following roll call vote:
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Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
23. COST RECOVERY ORDINANCE - CHAPTER 3.36 - FEE RESOLUTION AND
MASTER FEE SCHEDULE (contd. from 5/13/08,5/27/08 & 6/10/08). (100 -2008]
Revenue Manager Everroad presented a PowerPoint presentation thning the proposed
"
amendments to Chapter 3.36 of the Municipal Code. He empha d that the ordinance
establishes percentages for services and the Master Fee Sched sets the fees based on
the ordinance. He described the consultant's recommendati Canfd r increases, decreases,
deletions, and phased -in services. He reported that build' plann ing development
charges will not be imposed for 60 days.
In response to Council questions, City Manager
the library's meeting rooms are low because the
does not make money from the libraries. Citj d
ordinance is introduced, if Council wants to a3
to be reintroduced. She emphasized th a fe
changed if it does not match the perc e fi
indicated that the City will realize about
fees; however, $5 million is estimated to be rece
'1,PAu explained Nordin ntal fee for
ce serves the cond the City
At ney Clausot once the
e ercentage, ta will need
;as listed in the resolution, cannot be
recovery. Revenue Manager Everroad
Ilion of revenue with the phasing in of
I once all the fees are at its maximum.
City Manager Bludau referen Section 3.36.0301%Wd reported that he occasionally
waives fees for non -profit org s. Following di sion, it was the consensus of
Council to include language in e o that allow the City Manager to use his
discretion on whether to waive s of up r non -profit organizations and to
provide Council with a quarterly r oA on at orga tions received a fee waiver.
Motion- byCounril Member W_ o introduce Ordinance No. 2008 -14 amending
Chapter 3.36 of MC, includi he provision that allows the City Manager to use
his discretion whe er to waive fe of up to $1,000 for non -profit organizations and to
provide Co '1 wit a quarterly re rt on what organizations received a fee waiver;
and direct ff to b ' g back the Maste ee Schedule for adoption at the next meeting.
Mayor Selich a pu
R Andrus, and Diamond Tran pro vided a handout relative to
rM*Nd,
Cou ildc acflities, discussed the importance of preschools and daycare
, anressed tern about the fire inspection feee increasing from $194 to
$729 for dafacilitiesRevenue Manager Everroad confirmed that the fee reflects
100 °A recovewould be phased in
it was the consensus of Council to change the 100% recovery of this
25 %.
Amen__ otion .. Council ._Member.._Curry to introduce Ordinance No. 2008 -14
amendi hapter 3.36 of the NBMC, including the provision that allows the City
Manager to use his discretion on whether to waive fees of up to $1,000 for non -profit
organizations and to provide Council with a quarterly report on what organizations
received a fee waiver, and an addition of a separate category in the Fire Department
related to daycare facilities being charged at a 25% recovery level; and direct staff to bring
back the Master Fee Schedule for adoption at the next meeting.
Council Member Curry emphasized that improved customer service should be provided to
account for the increased development fees. City Manager Bludau clarified that the
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June 24, 2008
increased fees will assist with the improvements that have been implemented and the
additional improvements that the Building and Planning Departments want to provide.
Council Member Henn noted that services will be improved as the fees are phased in.
Further, the performance measurement process will be used to determine if the
departments are meeting their goals and to set higher targets thereafter.
The amended motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, May ro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, uncil Member Gardner
24. SIGNAL PEAK VERIZON TELECOMMUNICA FACILITY PERMIT
(TELECOM PERMIT NO. 2008 -002) - 21474 VIS IDGE AD (APPLICANT -
VERIZON WIRELESS). [100 -2008]
Mayor Pro Tem Daigle recused herself.
Assistant Planner Novo provided the staff port d noted that there are a other 65-
foot towers on the peak and that the n ' hors pport the project so they could receive
better cell service.
Motion.. by Council__Member Rosansky to rove Telecommunications Permit No.
2008 -002 subject to the findings thring. d nditions of a val in Attachment No. 1 of the staff
report.
Mayor Selich opened the public
Matt Vigil, Verizon Wireless, statethat ttower would enhance cell service and that the
City Attorney lauson provided the staff report and reported that the settlement
agreement has Ilened en fully executed by Fury and the property owner.
Mayor Selich the public hearing. Hearing no testimony, he closed the public
to adopt Resolution No. 2008 -64 approving Use
Permit
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
XVI. PUBLIC COMMENTS
Bernie Svalstad suggested that the City create a historical committee and budget in the future for
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a facility to house the history of Newport Beach in one location.
XVII. PLANNING COMMISSION AGENDA. AND ORAL S.TATUS..REPORT
26. PLANNING COMMISSION AGENDA FOR JUNE 19, 2008.
Planning Director Lepo reported on the following items: Fury Rok I& Rol Sushi Lounge
(PA2005.087) - 4221 Dolphin Striker Way; Housing Element (PA2 -078); Santa Barbara
Condominiums (PA2004 -169) - 900 Newport Center Drive; Power 'Residence (PA2007 -176)
2223 Pack Drive; AERIE project (PA2005 -196) - 201 -205 207 Carnation Avenue &
101 Bayside Place; and General Plan Progress Report (PA20 195).
XVIII. CONTINUED_BUS.INE.S.-S
27. 2008-09 BUDGET ADOPTION. [100 -20081
In response to Council questions, Public Wor ire r Badum indicate FA 128 trees
will be planted on MacArthur Boulevard - ill b n 24 -inch boxes and to 12 feet,
and 64 will be in 36 -inch boxes and grow 6 fee
Peter Rooney, Newport Harbor Football Boo President, stated that he is representing
concerned parents of Corona del Mar High Sch d Newport Harbor High School whose
children use the field. He described the conditi f the field, noted that the School
District does not have the fund a -sod the field, re d that they have already raised
$103,000 of the $137,000, and ciate Coun ' roving the $30,000 request.
He pointed out the parents and s dents i ce that lso support the request.
field as it would help prevent
Jim Walker, and Wendy Boyd noted that the
ement District (BID) is proposing a second
isider holding the event during the weekend in
s for the event, and noted that the event assists
these economic times.
Council to approve the $100,000 for harbor dredging.
Council pulJdFrriends. following items off the Budget Checklist for discussion: Restaurant
Week itemsvial turf for Bonita Creek Park, landscape improvements on Bristol,
Balboa Visin, Balboa Boulevard median and parkway landscape between 32nd
eet and Cighway, and the grant to the Orange County Film Commission. Mayor
P m Dquested that $24,000 be added to the checklist for the Newport Bay
Nat sts
Motion.. _ Council_Member_Curry to approve the remainder of the Budget Checklist,
except for the items removed or added for discussion.
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
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June 24, 2008
Restaurant Association Business Improvement District/Restaurant Weeks
Discussion ensued relative to the Restaurant Association BID providing matching funds,
how much the City should assist financially with the events, and the merits of the events.
Motion_ . by_ Council , Member .. C_.urry to allocate the Newport Beach Restaurant
Association Business Improvement District $35,000 as a matching d, $50,000 for the
January 2009 Restaurant Week, and $50,000 for the fall 2009 Rea rant Week.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky Pro Ten Daigle, Mayor
Selich, Council Member Webb, Council Member ry, Cou Member Gardner
Artificial Turf on Bonita Creek Park
Recreation and Senior Services Director Mor
discussed the difficulties of maintaining the 1
the fields are closed for maintenance 5. ont
only for six weeks, that this field is one
not conducted much research relative to art
Beaches and Recreation Commission or youth
noted that the Coastal/Bay Water Quality Com
its environmental benefits. __
anLOGeneral Services DIINfor Harmon
onita Creek Park, and ported that
f the year when other parks are down
lit fields in the City, and that they have
turf or discussed this with the Parks,
Ws groups. Council Member Gardner
upports using artificial turf due to
Balboa Visio
Museum is con cting a vF&ning study
Landscape Im vements on Bristol
iscussion Jens d relative to how much money should be allocated to this project, if this
ct sho phased in, if all the landscaping projects should be lumped together, and
wh a ond covering should be used. Council received confirmation that the north
side o ll be covered first.
Motion 15vMayor Pro...Tem Daiigle to allocate $120,000 for the north side of Bristol, and
have staff explore options for ground covering and come back to Council with a
recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor
Selich, Council Member Curry, Council Member Gardner
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June 24, 2008
Noes: Council Member Webb
Balboa Boulevard Median and Parkway Landscape Design and Improvements
between 32nd Street and Coast Highway
Without objection, Council Member Henn requested that the allocation be reduced
to $100,000.
Grant to Orange County Film Commission
City Manager Bludau discussed the commission and rep d that the City has never
provided funding to the commission.
Motion ._b_y_Council.Member_Gardner to
Commission from the Budget Checklist.
The motion carried by the following roll call
Ayes: Council Member Henn, Mayor
Webb, Council Member Curry, C
Absent: Council Member Rosansky
Newport Bay Naturalists and Friends
Mayor Pro Tem Daigle indicate T ' I
and that this funding would assis is[ in contin
Motion._by .C.ouncil Member ardne
Naturalists and Friends.
The motion
Ayes:
2008 -2009
to
following r,i call vote:
grant to th'ftkange County Film
e, Mayor Selich, Council Member
Gardner
species in the Back Bay
$24,000 to the Newport Bay
Henn, Council 4
Aember Rosansky, Mayor Pro Tem Daigle, Mayor
ember Webb, Cojoicil Member Curry, Council Member Gardner
�r,Henn to adopt Resolution No. 2008 -66 approving the City's
by the Budget Checklist.
Council MembdJ Henn reforted that there is a reduction in the City's expenses by
$607,000 and af increase in revenue by $1,055,000, but pointed out that this does not
reflect the reduclions just made to the Budget Checklist.
by the following roll call vote:
Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Council Member Webb, Council Member Curry, Council Member Gardner
28. APPOINTMENTS TO BOARDS AND COMMISSIONS- [100 -2008)
Deputy City Clerk Brown read the ballot votes for the Board of Library Trustees as
follows:
Lynn Crutchley (Henn, Rosansky, Daigle, Webb, Curry, Mayor Selich)
Nancy Thompson (Gardner)
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June 24, 2008
Deputy City Clerk Brown announced that Lynn Crutchley has been appointed to the
Board of Library Trustees for a four -year term.
Deputy City Clerk Brown read the ballot votes for the City Arts Commission as follows:
Rita Goldberg ( Rosansky, Daigle, Curry, Gardner, Mayor Selich)
Robert Smith (Henn, Daigle, Webb, Gardner, Mayor Selich)
Carol Starcevic (Henn, Rosansky, Webb, Curry)
Deputy City Clerk Brown announced that Rita Goldber Robert Smith have been
appointed to the City Arts Commission for a four -year t
Deputy City Clerk Brown read the ballot votes for a Civil Service d as follows:
Debra Allen (Henn, Rosansky, Daigle, Crry, rdne Mayor Selich)
Mickey Dunlap (Henn, Rosansky, Daigle , u W C y, Gardner, Mayor Selic
Clint Hoose (Webb)
Deputy City Clerk Brown announced that D Allen and Mickey Dunlap have been
appointed to the Civil Service Board for a four -ye rm.
Deputy City Clerk Brown read flaWakot votes for the rftbor Commission as follows:
Marshall "Duffy" Duffield (Henn,%osansky'1JjFjk%Wfbb, Curry, Gardner, Mayor Selich)
Deputy City Clerk Brown announcthat Marshall Duffield has been reappointed to the
Harbor Commission for a four -year
Deputy City C B wn read the ba of votes for the Parks, Beaches and Recreation
Commissio as foll s:
Deputy City CleTk Brown read the ballot votes for the Planning Commission as follows:
Drew Emmel (C rry, Gardner, Mayor Selich)
bert Hawki (Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich)
es Unsw th (Henn, Rosansky, Daigle, Webb)
Deputy Clerk Brown announced that Robert Hawkins has been reappointed and
Charles nsworth has been appointed to the Planning Commission for a four -year term.
Council Members Henn and Curry indicated that they were impressed with the quantity
and quality of the applicants. Council Member Webb encouraged Council to try to get
more applicants from their districts.
531. APPROVAL OF JOB DESCRIPTION, RECRUITMENT PLAN AND TIMELINE
FOR CITY CLERK RECRUITMENT. 1100 -20081
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June 24, 2008
Council Member Henn discussed the maximum proposed salary, but noted that the
committee would like more time to look at total compensation data. He indicated that the
timeline is flexible, and that internal and external candidates will be considered equally
for the position. Human Resources Director Ramsey noted that the job flyer can go out as
planned with language about the maximum salary and discussed the reason that the
timeline is quick.
In response to Council questions, Human Resources Acom' ey indicated that the
recruitment period depends on where the City will brom and advertising the
position. She stated that the full Council, not just t, can receive a binder of
all the qualified candidates' a pplications and the trix in order to make
recommendations. If Council decides to go dark thg in August, Council
Member Henn stated that the interviews will probabl early September.
Motion. by. Council Member Webb to a) autho the use of City H ` Resources to
directly manage the recruitment process for th ity erk position under direction of
the Ad Hoc Committee; and b) approve the r mm ed job description, rec tment plan
and timeline, qualifications, and max' sal but permit the Ad Hoc Committee
latitude to adjust it without needing to c to Council.
The motion carried by the following roll call vot
Ayes: Council Member Henn, ncil Member Rosa Mayor Pro Tem Daigle, Mayor
Selich, Council Member cil Member CAL Council Member Gardner
532. DETERMINATION OF THE ATT RUITMENT PROCESS. (700-
2008]
Council Member Webb discussed th osed recruitment process and recommended that
Item 1 of the RFP he recruitme nsultants be amended to read, "Review documents
provided by th., ity d interview Ci Council Members to gain familiarity with the City,
including major issi s and challeng He added that the committee is not asking
Council to prove t job description ght. He noted that the July 21 date in Exhibit C
should be 22. a t ,. s y, the committee will be asking the recruiting
consultant to a ecommen at o come back to Council.
er suggested including an Essential Attributes section in the job
escription that it not need to come back to Council if the committee is satisfied
with it. Addi ally, h commended that Council meet after the last interview in
November to di s, if an o er should be made to one of the candidates and authorize the
recruiting cons ant to make the offer, pending receipt of satisfactory reference checks.
Regarding the lary, he suggested looking at total compensation, rather than just the
lary amount. P
Mo__ by..._ uncil Member Webb to a) authorize the use of a recruitment consultant to
assist ining candidates for the City Attorney position, direct staff to send out a
Request Proposals (RFP) as soon as possible, and direct the Ad Hoc Committee to
review the proposals and make a recommendation to the City Council at the July 22, 2008,
Council meeting on the firm to retain for the recruitment process; b) include the
suggestions and amendments made relative to the job description, timeline, and job
description and required qualifications, so finalized recommendations can be brought back
to the City Council for approval at the July 8, 2008 City Council meeting; and c) postpone
the determination of the City Attorney's salary range until the recruitment consultant has
been retained and can make recommendations, and direct the City Manager to have the
Human Resources Department prepare a salary survey of City Attorney and City Manager
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City Council Minutes
June 24, 2008
salaries for positions of similar responsibility and duties in Southern California.
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
533. SELECTION OF FIVE FINALISTS FOR CITY HALL PARK DESIGN
COMPETITION. [731100 -2008]
Assistant City Manager Kiff reported that 51 Requests f Qualifications (RFQ) were
received and the City Hall and Park Master Plan Com ected five firms to send
letters to and engage them in a contract to do a con ual pla a stated that all the
firms are fairly local but also have a national present
Motion, b-v..Council.Member.Rosansky to ra th recommendatio the City Hall
and Park Master plan Design Committee by s ctin he following firms t forward in
the Design Competition for the City Hall a ar aster Plan project and thorize the
City Manager to enter into stipend agree nts w- these firms: Bohlin Cywinski Jackson,
Gonzales Goodale Architecture, Johnson A, and Rossetti Architects.
Jan Vandersloot complimented the committee a oted that the firms cannot forget that
the building will be next to a park.
The motion carried by the follo vote:
Ayes: Council Member Henn, Co cil Memb Mayor Pro Tem Daigle, Mayor
Selich, Council Member Web Coun ' ember rry, Council Member Gardner
XIX. CURRENT BUSINESS
29. APPROVAL A EN YEAR A EEMENT WITH CLEAN ENERGY, INC. FOR
INSTALL ON AID OPERATIO OF A COMPRESSED NATURAL GAS (CNG)
0).
FUELIN TATIO (C- 406 [38/1 -20081
General Servi ector ar viewed the staff reports, the benefits of having a
Com at Gas (CNG) fueling station, and the opportunity for AQMD grants if a
tation a built. He noted that no comparisons were conducted relative to
ow much sa s the would realize if it built the facility instead of Clean Energy.
Motion- ....0 ncil Me_ her_ Curry to approve the terms and award a ten -year
agreement wit CE through July 1, 2018 for the installation and operation of a
compressed Nat al Gas (CNG) fueling facility.
motion ca ed by the following roll call vote:
Ayes: n ' Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Se Council Member Webb, Council Member Curry, Council Member Gardner
30. SALES TAX SHARING AGREEMENT FOR NEWPORT EUROPEAN MOTORCARS,
LTD. OF NEWPORT BEACH.
Economic Development Administrator De Santis reviewed the staff report and highlighted
the amount the City will be receiving and the non - monetary benefits of the expansion. She
stated that Newport European Motorcars will provide reports annually, not quarterly, and
the agreement will not exceed ten years. She requested that the Covenant be amended to
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City Council Minutes
June 24, 2008
delete the annual base sales tax adjustment (Section 4.1.1.a) and that the contract be
approved even though there are some blanks. She indicated that the information will be
received in a couple of days.
In response to Council questions, Assistant City Manager Wood confirmed that for the
I.exus agreement, the contract terminates if a certain amount is reached; however, this
agreement does not have that condition. She indicated that th/Ccil Members on the
Economic Development Committee reviewed the contract, but nntire EDC. Council
Member Webb suggested placing a $400,000 cap on the contract
Motion by Council Member Curry to approve the I
the amended Covenant, and authorize the Mayor to
approval of the contract as to form by the City Attorne
David Murphy, Newport European Motorcars,
and old sites and pointed out that the new site
and that the existing site has already been 1=
will be moving into the new site in Deceml.
The motion carried by the following roll
Ayes: Council Member Henn, Council Member
Selich, Council Member Webb, Council M
XX. MOTION. FOR RECONSIDERATIO
XXI. ADJOURNMENT - Adjourned at 11: p.m
Kevin Pryor
The agenda for ABcated Meeting
City Hall Bullet outsi of Building. The 1 agenda for he 2008, at 1:80 p.m Hall Bulletin Beach Administ ine.
City Clerk
Agreement, including
contract, subject to
I the differen tween the new
be used for'car s not service,
,eone elae. He repo d that they
Mayor Pro Tern Daigle, Mayor
P, Council Member Gardner
Newport Beach Firefighter
osted on June 18, 2008, at 4:15 p.m. on the
the City of Newport Beach Administration
Regular Meeting was posted on June 20,
oard located outside of the City of Newport
Recording Secretary
Mayor
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