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HomeMy WebLinkAbout01 - MinutesCity of Newport Beach Agenda Item #1 December 13, 2011 City Council Special Meeting Minutes November 29, 2011 twice in December as indicated in the City's Charter. Ryan Sage referenced a matter discussed at the last meeting relative to 4647 MacArthur Boulevard and requested an update regarding possible actions: City Manager Miff responded that he has no feedback on the matter at this time. X. CURRENT BUSINESS 1. INTFORMATION TECHNOLOGY FIVE YEAR STRATEGIC PLAN. [100 -2011] Receive and file this report and provide feedback. Assistant to the City Manager Houston provided a PowerPoint presentation detailing the Information Technology (IT) Five -Year Strategic Plan and addressed the response to Council initiative and vision to be "Faster, Smaller and Smarter" as an organization. He introduced Roy Hernandez from Thirdwave,Consulting Group. Consultant Hernandez presented details of the IT Strategic Plan (ITSP) which addresses _ project goals, objectives, business and service delivery requirements, findings, and needs assessments. He discussed the workshops attended by staff, and applicable findings and opportunities; and management, operational and technology issues, including outdated systems, disconnected systems and shadow systems. He reported that significant investments will be required to remedy the IT challenges. He presented details of the implementation plan, including objectives and recommendations, and in- house, outsourcing or hybrid models. He recommended that the initiatives be spread over a 5- year period and that they be phased. He further addressed, potential benefits to the City with implementation of the plan, returns on investments, and conclusions. Assistant to the City Manager Houston presented an update on changes already being made at the department level to meet some of the recommendations, including centralized and coordinated IT operations, research of best practices from private and public sector organizations, staffing models with experts in core areas with outsourcing used for demand spikes, developing common IT infrastructure standards, and replacing old legacy systems. He addressed virtualization of servers and desktops, consolidating data centers, creating a project priority list, and the ability to conduct research and development. City Manager Mff addressed progress already made and prioritizing the investments with other City needs. Ensuing discussion pertained to additional space resulting from data consolidation, a having to wait until year four for maximum benefits, availability of tablet computers for management and police officers, initial investment amount to be included in the budget, the possibility of sharing applications with other cities to save money, and breakdown of costs between hardware and software. Council Member Selich stated his expectation included a greater use of outsourcing in order to take advantage of economies of scale, keep costs down, and keep current with technology. Consultant Hernandez noted that the findings in the report stipulate that technology be leveraged to the fullest and takes into account opportunities for outsourcing as well as other models. He added there are a number of options for consideration. He clarified that one of the recommendations is to eliminate shadow systems and adopt an enterprise Volume 60 - Page 308 City of Newport Beach City Council Special Meeting Minutes November 29, 2011 architecture. He addressed unique requirements for each city and cautioned against outsourcing everything. Council Member Hill commended staff for tapping into the resources offered by the Citizens Technology Task Force. He believed that the City should move in the recommended direction, stated one of the priorities should be the transportability of systems and that he would like to see a five -year master plan for the funds as the City moves forward with the IT strategy. He discussed the proposed cost savings and increased efficiencies, and suggested breaking it down further. Mayor Henn acknowledged the hard work involved in developing the strategic plan, especially the analysis of processes which should follow with hardware and software solutions. He indicated support for the City challenging itself to generate new solutions and new ways of doing business. He agreed that the City has under- invested and under - managed its IT functions and with outsourcing. He believed that outsourcing on a broader scale would be a tenable solution. Mayor Henn indicated that there would have to be project -level financial justification for each major project and the benefits would aneed to be considered at a more detailed level. He encouraged the City to continue to be open to outsourcing and virtual solutions, and emphasized the need for a change management plan. Consultant Hernandez indicated a recommendation was made for a change management plan in the Findings and Recommendations document, but normally a change management plan is not produced in a strategic plan. City Manager Kiff noted that staff is looking at the Enterprise Resource Planning (ERP) system as an opportunity to change multiple processes and agreed with the need for justification. Volume 60 - Page 309 Council Member Curry indicated that he was pleased with the work and results the of Citizens Technology Task Force, and believed that this was a good starting He point. noted the importance of feedback from experts in the community, as well as obtaining significant economies by working in tandem with other jurisdictions, outsourcing services, leveraging the resources of community expertise: and staying flexible enough to be able to keep pace with technology. He stressed the need to commit as a Council to moving forward. In response to an inquiry from Mayor Pro Tom Gardner, Assistant to the City Manager Houston reported the systems being recommended are standard and will integrate with the City's current systems. Mayor Pro Tem Gardner commended Consultant Hernandez and the Citizens Technologyy Task Force for their sensitivity to personnel, and agreed with Council Member Curry's comments with reference to moving forward and the need to find the money to proceed. In response to Council Member Daigle's inquiry, Consultant Hernandez addressed the computing environment envisioned in five years. He reported that e- Government is the best protection against changing technology. He predicted that in five years, *everything will be mobile and web - enabled, and everyone will have a tablet or phone. He added that business will be conducted through interactive transactional applications through the internet, directly tied into the City's financial systems. Mayor Henn acknowledged the hard work involved in developing the strategic plan, especially the analysis of processes which should follow with hardware and software solutions. He indicated support for the City challenging itself to generate new solutions and new ways of doing business. He agreed that the City has under- invested and under - managed its IT functions and with outsourcing. He believed that outsourcing on a broader scale would be a tenable solution. Mayor Henn indicated that there would have to be project -level financial justification for each major project and the benefits would aneed to be considered at a more detailed level. He encouraged the City to continue to be open to outsourcing and virtual solutions, and emphasized the need for a change management plan. Consultant Hernandez indicated a recommendation was made for a change management plan in the Findings and Recommendations document, but normally a change management plan is not produced in a strategic plan. City Manager Kiff noted that staff is looking at the Enterprise Resource Planning (ERP) system as an opportunity to change multiple processes and agreed with the need for justification. Volume 60 - Page 309 City of Newport Beach City Council Special Meeting Minutes November 29, 2011 Mayor Henn acknowledged. that the City has never had an integrated strategic view of how to manage IT and how to do that right, and emphasized that that the City needs an IT strategic leader for execution and management. He indicated that he would like to see the filling of that role before any funding recommendations are made. In response to Council Member Selich's questions, Consultant Hernandez reported that applications will not be hosted locally but through an outside server or other source, and discussed desktop computer sales trends. 2. WAIVE COUNCIL POLICY A -2, BOARD AND COMMISSION APPOINTMENTS- DECLARE A VACANCY OF' THE POSITION HELD BY PLANNING COMMISSIONER CHARLES UNSWORTH; AND APPOINT A NEW PLANNING . COMMISSIONER TO THE PLANNING COMMISSION TO FILL THE UNEXPIRED BALANCE OF PLANNING COMMISSIONER CHARLES UNSWORTH'S UNEXPIRED TERM, WHICH ENDS JUNE 30, 2012. [29/100 -2011] Mayor Henn referenced a previous report that resulted in the appointment of a Planning Commissioner in February 2012. He expressed his concern with the timing due to needing to have someone in place as soon as possible to assist with the review of the Banning Ranch Environmental Impact Report (EIR) that is knowledgeable and experienced. He indicated that this is what drove him to suggest an accelerated timeframe. He acknowledged that the appointment could not occur until the December 13 Council meeting and emphasized that this would be an interim appointment, through June 30, 2012. Mayor Henn added that this would allow more time for public input, scrutiny, and consideration; more time for the submission of applications; and complies with State law. He noted that this recommendation only eliminates one of the steps in Council Policy A -2 (Board and Commission Appointments) of forming a Council subcommittee. Motion by Council Member Hill seconded by Council Member Selicb to a) waive Council Policy A -2. Board and Commission Appointments; b) declare the Planning Commission position held by Planning Commissioner Charles Unsworth vacant; c) set the deadline for submission of applications for the Planning Commission position to Wednesday, December 7, 2.011; and d) continue nomination and appointment of a new Planning Commissioner to the December 13, 2011 Council meeting to fill the unexpired balance of Planning Commissioner Charles Unsworth's term, which expires on June 30, 2012. Council Member Selich agreed that appointing a Planning Commissioner as soon as possible is important. Further, this would provide the Banning Ranch project, as well as aany other applicants, with a full Planning Commission to deliberate the issues. Mayor Pro Tern Gardner inquired regarding the process and Mayor Henn indicated his expectation is for Council Members to nominate candidates to be voted upon and go through the voting process. Jim Mosher agreed with Mayor Pro Tern Gardner and indicated that he does not see the urgency and referenced technical issues with the Banning Ranch EIR. He discussed noticing requirements pursuant to State law and believed that there is confusion relative to the manner in which the vacancy and application deadline have been announced. He suggested Council following the procedures in Council Policy A -2. Laura Curran noted that the Planning Commission can still function with a quorum with Volume 60 - Page 310 City of Newport Beach City Council Special Meeting Minutes November 29, 2011 six members if the normal process is followed. She believed that any qualified candidate would be familiar with the Banning Ranch EIR. She presented a brief history of Council Policy A -2, as well as key provisions. She believed that waiving Council Policy A -2 violates the spirit of the provisions and there would be no guarantee regarding the process. Council Member Rosansky believed that waiving Council Policy A -2 would be unfair to the public, noting it is especially important to follow in this case because it is a critical appointment. He added that the process and appointment should be beyond *reproach and did not see the need to expedite the process. Council Member Daigle believed that the policy was poorly packaged and that the media coverage reflected poorly on Council. She stressed the need to follow policies and believed that there is no justification to expedite the appointment. Council Member Curry addressed the practical impacts of waiving the policy and believed that candidates have a better chance of being appointed through the expedited process than by going through Council Policy A -2. Mayor Pro Tem Gardner stated that Council should change the policy and indicated that she agreed with Council Member Rosansky. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Henn, Council Member Selich, Council Member Curry Noes: Council Member Rosansky, Mayor Pro Tem Gardner, Council Member Daigle 3., NEWPORT BEACH CIVIC CENTER AND PARK PROJECT - PROPOSED PEDESTRIAN BRIDGE OVER SAN MIGUEL DRIVE (C- 4627). [38 1100 -20IIJ Public Works Director Badum discussed the background and referenced direction by Council to not include the bridge, and wait and see how the project and contingencies moved along. He noted that now would be the most economical time to add the bridge if desired. He utilized a PowerPoint presentation that included renderings of different views of the bridge, the cost, and funding options. He detailed the amounts in both contingencies, change orders within the City's Owner Contingency, original contract and amendments, and pending amendments. He reported that the remaining project has gone well and staff is fairly confident there will be no big issues on the horizon. Council Member Selich presented a brief historical perspective. He expressed his reasons for supporting the inclusion of the bridge, including the importance of having another Place to provide an opportunity for people to get out and walk. He believed that the pedestrian bridge appropriately connects the two parts of the park into one; crossing the intersection is very disruptive to walking or jogging; and the bridge will improve traffic a efficiencies. He stated that the Civic Center will become one of the great legacies of the City. He addressed financial savings achieved and requested Council's support. Council Member Rosansky addressed the functionality of the bridge and believed that it is not a critical expense. He addressed costs involved in maintaining the bridge and other existing view opportunities. Motion by Council Member R sansky, seconded by Mayor Pro Tem Gardner to not authorize the construction of the pedestrian bridge over San Miguel Drive. to a) authorize the Mayor and City Clerk to execute Amendment #3 to the Construction) Volume 60 - Page 311 City of Newport Beach City Council Special Meeting Minutes November 29, 2011 Manager at Risk Contract with C.W. Driver of Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the construction of the pedestrian bridge over San Miguel Drive to the scope of work for Civic Center and Park Project at a not -to- exceed price of $2,000,000 subject to approval as to form by the City Attorney; and b) authorize the transfer of $1,000,000 from the Construction Manager at Risk contract's construction contingency to the project's work scope and authorize a change order from the City's owner contingency in the amount of $1,000.000. Council Member Curry expressed concerns about the costs, referenced the voters' approval of Measure B, and believed that it is Council's job to do the will of the voters. He reported that San Miguel Drive is one of the most impacted intersections in the City and believed that the pedestrian bridge is an integral element in how the park will function. Council Member Hill indicated that he supports constructing the bridge, noting there are functional, aesthetic and financial reasons to support the bridge. He felt the most important functional reason is that the intersection is not a safe place for pedestrians to be today and opined the bridge would provide a popular view point. He also addressed financial reasons, noting it can be done without augmenting the budget and at the most economical dollars the City will be able to spend. Denys Oberman inquired about the total spent on the project thus far relative to the percentage of completion. She believed that if there is extra money, there may be a better use for the funds. She asked that Council defer consideration of spending the money until the project is at least 80:% complete. George Schroeder spoke in favor of the bridge and urged Council to support the project. Jim Mosher thanked staff for making the contract amendment and renderings available. He spoke in opposition to the bridge and questioned C. W. Drivers contribution toward the cost of constructing the bridge. He addressed Measure B and asked whether Police n n n and Fire Department administrative offices will be included in the project. lul lul In response to Council Member Daigle's inquiry, Public Works Director Badum confirmed that upon the execution of the agreement, there will be an attachment itemizing the $2 million. He explained why it was not included in the staff report, but noted that it was in the original contract package previously approved by Council, In response to Mayor Henn's inquiries, Public Works Director Badum explained why the contingency is not at -risk in the remainder of the project. He explained the current process, noting that most of the major requests for information /submittals have been a submitted to the architect for clarification and/or approval of products. He reported that there have been extensive conversations about every component within the project. He indicated no problems were found upon excavation and stated the team is confident that all major areas have been addressed. Regarding the timeline, he affirmed that the project is on time and that the project should be complete by the end of 2012. He addressed the cost impacts of possible delays. William Hahn, C. W. Driver, reported that the evaluation included possible delays. He estimated that if the project experienced a two month delay, financial impacts may be about $200,000. Regarding waiting to build the bridge, he reported that they are at a Point in the project where it can be included and the project would still meet the completion date. However, if Council decided to go forward with the bridge at a later Volume 60 - Page 312 City of Newport Beach City Council Special Meeting Minutes November 29, 2011 date, the entire north park would need to be re- graded and re -done at an additional coat. Council Member Rosansky addressed the construction management costs related to constructing the bridge. He noted that the contingency is for unforeseen events and that the issue is not the contingency, but rather whether the City is getting $2 million of value by building the bridge. He inquired about safety data relative to the intersection, opined the whole thing is circumstantial and reported that many architectural visions were value engineered out. He suggested spending the money on sculptures for the sculpture garden rather than a bridge, and stated that eliminating the crosswalk would make the intersection safer. He recommended determining whether or not a bridge will get used. Mayor Henn indicated that there may be other parts of the project where the City did not get its value and that it is not fair to single out this one aspect of the designfor criticism at the last minute, He stated that the traffic improvements on San Miguel Drive work well and indicated that he has changed his mind regarding the bridge and will support it on the basis that it completes the design that was originally envisioned and provides for a safer intersection with better traffic flow. The substitute motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Henn, Council Member Selich, Council Member Curry Noes: Council Member Rosansky, Mayor Pro Tem Gardner, Council Member Daigle C I. ADJOURNMENT - 9:55 p.m. The agenda for the Regular Meeting was posted on November 25, 2011, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor a City Clerk Volume 60 - Page 313 City Council Minutes City Council Regular Meeting November 22, 2011 — 7:00 p.m. aTU L Y JESJ1 V N - 3:30 p.m. -- II CLOSED SESSION - 4:45 p.m A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government n Code § 54956.9(a)): Two Matters: 1. Banning Ranch Conservancy v City of Newport Beach, et al 4th District Court of Appeals Case No. G045622 2. Arnie Pike, et al v City of Newport Beach United States District Court, Central Division, Case No. CV -08 -8580 DSF (RNBx) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to Government Code § 54956.9(c)): One matter. C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and Negotiator Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Fire Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); and Fire Management Association (FMA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (,NBPTEA); Newport Beach Employees League (LABEL); Newport Beach Part -Time Unit (UPEC, Local 777) RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING aV. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle VI. CLOSED SESSION REPORT - City Attorney Harp announced that there was no reportable action VII. PLEDGE OF ALLEGIANCE - Council Member Hill VIII. INVOCATION - Reverend Robert Ross, Newport Universalist Society Volume 60 - Page 295 City of Newport Beach City Council Minutes November 22, 2011 I" W PRESENTATIONS Proclamation Proclaiming November as Pancreatic Cancer Awareness Month Mayor Henn read the proclamation and presented it to Vivian D'Agostino. Ms. D'Agostino thanked Council for the proclamation, noted that no advancements have been made in the last 40 years regarding the diagnosis and treatment, reported that pancreatic cancer is the fourth leading cause of cancer deaths, is the least funded, and emphasized the importance of early detection. Recognition to the City for its Participation in Operation Christmas Mayor Henn announced that the City Clerk's Office will be collecting toys, DVDs, gift cards, and monetary donations until noon on Friday, December 23. Brad White, National Chairman and Chief Elf for Yellow Ribbon America and Operation Christmas, stated that the City of Newport Beach has partnered with Operation Christmas since 2005, commended the City for its support and participation, provided a brief background of Yellow Ribbon America, and presented the City with a Resolution from the State Assembly of California for being supportive of the military and their families, and for being an example to all, Presentation of Cultural Arts Grant Checks by the City Council and the City Arts Commission Robyn Grant, City Arts Commission Chair, provided details of their annual report for 2010/2011; presented a Cultural Arts. grant check along with Mayor Henn to art organizations within the City; expressed appreciation for Council's support of the arts; referenced the record attendance at art events; acknowledged corroboration with other agencies; addressed the lecture series, as well as donations of art and money to the City; and expressed appreciation to staff and Council. NOTICE TO THE PUBLIC CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM) Council Member Rosansky discussed the policy for receiving public comments at various board, commission and committee meetings, and requested that an item be placed on a future agenda for discussion. Mayor Pro Tenn. Gardner announced that the Corona del Mar Christmas Walk will be held on December 4 from 11:00 a.m. to 4:00 p.m. In addition, she reported that she received a request for support from the City of San Clemente regarding San Ono£re and requested that the item be placed on a future agenda. City Manager Kiff reported that staff will provide a l will be provided to Council. etter of support and copies Council Member Daigle reported that she visited the Second Harvest Food Bank and expressed the importance of supporting the organization. In addition, she announced that she attended the opening of the new terminal at John Wayne Airport (JWA) and reported that the project was completed on time and within budget. Council Member Curry announced that he attended the Orange County Business Council (OCBC) Mining Red Tape into Red Carpet awards ceremony where the City was given an award for business retention and development. He reported that he attended the grand opening of the Tamarind of London Restaurant in Newport Coast, stated that he participated in the League of California Cities (LCC) Annual Legislative briefing, and noted that the State continues to be in a Volume 60 - Page 296 City of Newport Beach City Council Minutes November 22, 2011 W `i W severe budget situation. Mayor Henn wished residents a Happy Thanksgiving, reported that there will be a special meeting on November 29 at 6:00 p.m. for closed session and 7:00 p.m. for the special meeting, and added that the December 13 regular meeting will begin at 5:00 p.m. He announced that the Balboa Village BID will sponsor a tree - lighting ceremony at 6:00 p.m. on December 3, and that a meeting of the :Neighborhood Revitalization Committee meeting will be at 4:00 p.m. on December 8 in the Council Chambers. He also reported that he attended the inaugural meeting of the Center for Public Policy at Concordia University where a presentation was made on the State of Orange County. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOL UTIONS 1. MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 8, 2011. [100- 2011] Waive reading of subject minutes, approve as amended, 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 pursuant to Charter Section 412. B. ORDINANCE FOR ADOPTION 3. MACARTHUR BOULEVARD AT 4221 DOLPHIN- STRIKER WAY (PA2010- 135). [100 -2011] Conduct second reading and 'adopt Ordinance No. 2011 -25 approving Planned Community Development Plan Amendment No. PD2010 -007 to change the zoning designation from Restaurant Site "1" to General Commercial Site "8" for property located at 4221 Dolphin- Striker (PA2010 -135). C. RESOLUTIONS FOR ADOPTION 4. APPROVAL OF MEASURE M2 EXPENDITURE REPORT. [100 -2011] Adopt Resolution No. 2011 -103 approving the the M2 Expenditure report subject to technical revisions in conformance with OCTA guidelines. 5. ADOPT A RESOLUTION TO SUBMIT FUNDING APPLICATIONS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR FUNDING UNDER THE MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP). [100 -2011] Adopt Resolution No. 2011.104 approving the submittal of four funding applications to OCTA in accordance with the CTFP guidelines as part of the current Measure M2 call for projects. 6. RESOLUTION SUPPORTING AN APPLICATION BY CITY OF COSTA MESA FOR OCTA MEASURE M2 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM FOR PLACENTIA AVENUE AND 17TH STREET. [100 -2071] Adopt Resolution No- 2011 -105 supporting the City of Costa Mesa application for the OCTA Measure M2 Traffic Signal Synchronization Program for the Placentia Avenue and 17th Street Corridor Synchronization Projects. 7. RESOLUTION SUPPORTING AN APPLICATION BY CITY OF IRVINE FOR OCTA MEASURE M2 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM FOR BONITA CANYON DRIVE -FORD ROAD AND UNIVERSITY DRIVE. [100 -2011] Adopt Resolution No. 2011 -106 supporting the City of Irvine application for the OCTA Measure M2 Traffic Signal Synchronization Program for the Ford Volume 60 - Page 297 City of Newport Beach City Council Minutes November 22, 2011 Road - Bonita Canyon Drive- Culver Drive and University Drive - Jeffrey Road Corridor Projects. D. CONTRACTS AND AGREEMENTS 8. LIDO ISLE PAVEMENT REHABILITATION PHASE III - NOTICE OF COMPLETION OF COMPLETION OF CONTRACT NO. 4520. [381100 -2011) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 36 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 9. HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF n n n CONTRACT NO. lark file a Notice of a) Accept the completed work and u authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 10. PROCUREMENT OF AN ENTERPRISE CONTENT MANAGEMENT (ECM) SYSTEM (C- 5005). [381100 -20111 Approve the execution of an agreement with American MicroImaging, Inc. (AMI) f'or the implementation of an Enterprise Content Management System, to be completed for an amount not to exceed $209,757.00. 11. 2012 NEWPORT BEACH RESTAURANT WEEK PROFESSIONAL SERVICES AGREEMENT (C- 5006). [381100 -20111 Approve and authorize the Mayor and City Clerk to sign the January 2012 Restaurant Week Professional Services Agreement between the City of Newport Beach and California Marketing Concepts, Inc. (CMC, Ind.). 12. INVESTMENT ADVISOR CONTRACT APPROVALS (C- 5007). [381100 -20111 Approve three, five -year professional services contracts for investment advisory services with Chandler Asset Management, Cutwater Investor Services Corporation, and PFM Asset Management. Council Member Curry recused himself from this item since he has a financial interest in the matter. 13. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT - APPROVAL OF a PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO.4 WITH BOHLIN CYWINSKI JACKSON (BCJ) FOR FURNITURE FURNISHINGS AND EQUIPMENT (FF &E) DESIGN DEVELOPMENT AND SUPPORT SERVICES (C- 4527). 1381100 -20111 Approve Professional Services Agreement Amendment INTO. 4 with BCJ of San Francisco for Civic Center and Park Project FF &E design development and support services at a not -to- exceed price of $220,310.00, and authorize the Mayor and the City Clerk to execute the Amendment. E. MISCELLANEOUS 14. PLANNING COMMISSION AGENDA FOR NOVEMBER 17, 2011. Receive and Volume 60 - Page 298 City of Newport Beach City Council Minutes November 22, 2011 file agenda. 15. SHORE CLIFFS PROPERTY OWNERS ASSOCIATION REQUEST FOR STREET TREE UP- LIGHTING AND ELECTRICAL APPURTENANCES. a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow up- lighting and electrical appurtenances for five (5) Coral City street trees along Seaward Road, contingent upon all conditions of the Encroachment Permit process being met; and b) allow the City to enter into an Encroachment Agreement with the Shore Cliffs Property Owners Association. 16. APPROVE FUNDING FOR NEIGHBORHOOD REVITALIZATION PROJECT PLANNING. Approve Budget Amendment No. 12BA -017 appropriating $296,115 from the General Fund unappropriated fund balance to Account No. 7014- C8002023 and transferring $230,840 from Economic Development Account No. 2720 -8080 to Account No. 7014- C8002023 for Neighborhood Revitalization concept planning. 17. REVENUE APPROPRIATION FOR POLICE DEPARTMENT JAIL FACILITY IMPROVEMENTS. Approve Budget Amendment No. 12BA -019 appropriating $70,000 in additional revenues from dispositioned cases to the Police Department Structures and Improvements Account for improvements in the Jail facility. 19. NOMINATIONS FOR THE CITY'S VOTING MEMBER ON THE VISIT NEWPORT BEACH EXECUTIVE COMMITTEE. Confirm the nominations of Paul Blank (District 6) and Dennis O'Neil (District 6) by the Ad Hoc Appointments Committee to fill the voting member position on the VNB Executive Committee. 20. WAIVE COUNCIL POLICY A -6, AND SET THE REGULAR MEETING FOR THE DECEMBER 13, 2011 FOR 5:00 P.M. Waive Council Policy A -6 in order to conduct the December 13, 2011, regular City Council meeting at 5:00 p.m. Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosanskv to approve the Consent Calendar, except for the item removed (18); and noting the amendment to Item 1 and the recusal by Council Member Curry on Item 12. The motion carried by the following roll call vote: Ayes, Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle —_i. ITEMS REMOVED FROM THE CONSENT CALENDAR 18. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. aMayor Henn believed that it is important to move forward immediately to name the replacement, noted that the public comment period for the Banning Ranch Environmental Impact Report (EIR) has closed and the Planning Commission will hear the item in January. He indicated that there are a number of applications from qualified candidates on file. Motion by Mayor Henn seconded by Council Member Selich to direct staff to bring back an item at the November 29 special meeting that would waive Council Policy A -2 (Board and Commission Appointments), and to provide for the nomination and appointment of an interim Planning Commissioner to replace Charles Unsworth. In response to Mayor Pro Tern Gardner and Mr. Mosher's concerns, Mayor Henn clarified Volume 60 - Page 299 City of Newport Beach City Council Minutes November 22, 2011 that the interim period to serve on the Planning Commission will be until June 30, 2012. Council Members Daigle and Rosansky voiced their concerns with handling the matter so quickly. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Henn, Council Member Selich, Council Member Curry Noes: Council Member Rosansky, Mayor Pro Tem Gardner, Council Member Daigle XIV. PUBLIC COMMENTS Alicia Koberstein expressed concern about the sale of puppies from puPPY mills and encouraged Council to consider the issue in the future. Erle Halliburton spoke in support of I Heart Puppies and commented positively on the owner of the store. encouraged residents and Council to visit the store and noted that, the owner supports local shelters. Ryan Sage reported that a large event is being promoted in the City and is scheduled for December 31, 2011 and January 1, 2012. Council Member Daigle reported that the issue has been brought to her attention and she discussed it with City Manager Kiff and Police Chief Johnson. City Manager Kiff stated that he and Police Chief Johnson are aware and that they have been in contact with the promoter, reported that no permits have been issued, and that staff will be working on the matter. XV ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the Airport Land Use Commission discussed the Housin Element and the access plan /additional square footage at Dolphin- Striker Way. She added that as g part of their packets, the Commission staff provided news articles of the region and referenced complaints to the FAA from Various surrounding cities. Council Member Selich reported that the West Newport Citizens Advisory Panel (CAP) met on November 9 and approved the landscape concept for the Superior and Balboa Boulevard /Coast Highway intersection. He noted that the CAP will be looking at plans for Coast Highway from the Santa Ana River to Newport Boulevard, as well as Superior Avenue from the existing landscaping to Coast Highway. Council Member Hill reported that on November 16, the Corona del Mar CAP reached agreement on the layout for the entrance road pattern on MacArthur Boulevard and Coast Highway. He stated that they will be discussing the landscape design concept at the December 21 meeting at 4:00 p.m. at athe OASIS Senior Center. He also reported that on November 17, he and Council Member Daigle participated in a town hall meeting for the Eastblu£f Residents Association with the Airport Working Group (AWG) and AirFair. He also reported that he attended the Lido Village CAP where guidelines were presented. He stated that great progress has been made and issues will soon be heard by Council. Mayor Pro Tem Gardner reported that the Harbor Commission and the Tidelands Management Committee had a presentation on a new public dock and expansion of the Balboa Marina, She stated that both groups were excited about the prospects and added that the item will be presented to the community groups next. Mayor Henn reported that the Neighborhood Revitalization Committee met on November 10 to review the status of the various OAPs. He also reported that the Balboa Village CAP meeting was Volume 60 - Page 300 City of Newport Beach City Council Minutes November 22, 2011 held on November 15 where a presentation was made on "The Brand Promise" that Visit Newport Beach (VNB) operates under and there was also discussion about public safety issues in Balboa Village. He stated that the Tidelands Committee meeting occurred on November 16 where they discussed the proposed Balboa Marina public dock and bulkhead issue relating to sea level rise, and expanding the dredging of the Lower Bay. XVI. PUBLIC HEARINGS 21. HOUSING ELEMENT UPDATE (PA2008 -078). [100 -20111 Community Development Director Brandt discussed the City's draft Housing Element that has received certification from the State Department of Housing and Community Development (HOD) as well as unanimous support from the Planning Commission. She addressed the General Plan, stated that the Housing Element is the strictest relative to compliance, and indicated that staff has worked van, hard with the State Department to ensure that all requirements have been met. Associate Planner Murillo provided a PowerPoint presentation defining the Housing Element and actions taken in developing the Housing Element. Ile addressed the major components, including projecting housing needs, carryover of unmet needs from previous periods, site analysis, inventory, accommodating lower-mcome housing needs, constraints, and programs. He also addressed the Mitigated Negative Declaration (MND), circulation of the documents, comments received, and response: In response to Mayor Pro Tem Gardners questions, Community Development Director Brandt reported that as part of the monitoring program, staff may be able to draw conclusions os to what an appropriate step might be for the future of the program, reported that rental development usually involves conversion of hotel rooms into studio apartments, and acknowledged that the text on Table H -27 should indicate the overall average amount. Associate Planner Murillo reported that the HOD has taken a neutral stand on inclusionary housing and has allowed flexibility on the issue. Council Member Daigle commended staff for obtaining certification and noted the amount of affordable housing that exists in the City. In response to Council Member Selich's question, Community Development Director Brandt reported that staff has already begun work on the next Housing Element which is due in 2014. Mayor Henn opened the public hearing. a Jim Mosher expressed appreciation to staff, addressed mandates from the State, and questioned the requirement for additional housing units. Council Member Curry explained that the Housing Element is mandated by the State and the City complies with their requirements. Evelyn Hart complimented staff on the Housing Element, addressed the growing number of seniors in the City, and asked Council to direct staff to highlight senior housing opportunities as they become available. Hearing no further testimony, Mayor Henn closed the public hearing. In response to Council Member Daigle's question, Associate Planner Murillo reported that the Housing Element identifies several projects that are at risk for converting within the Volume 60 - Page 301 City of Newport Beach City Council Minutes November 22, 2011 planning period. Council Member Daigle expressed concern that when the State requires additional units, they are really pushing for higher densities. Motion by Mayor Henn, seconded by Council Member Hill to adopt Resolution No, 2011-107, adopting the Negative Declaration and the 2008 -2014 Housing Element. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 22. CITY COUNCIL REDISTRICTING. [331100 -2011] City Manager Mff introduced the item and addressed previous reviews by Council. Motion by Council Member Curr seconded b Ma or Pro Tem Gardner to n n n introduce Ordinance No. 2011 -27 approving Cit Council Redistricim lul lul g y g Committee's proposed changes to the City Council District boundaries, and pass to second reading on December 13, 2011. Mayor Henn opened the public hearing. Jim Mosher suggested identifying the controlling document between the map and the text, made some formatting recommendations, and noted that a district line on the map cuts through a residence on Bayside Drive. Planning Systems Administrator Campagnolo stated that the line does not bisect the two properties. Hearing no further testimony, Mayor Henn closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tent, Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 23. APPROVAL, OF MASTER FEE SCHEDULE AND CHANGE IN SUBSIDIES. [I00- 20111 Finance Director McCraner provided a brief PowerPoint presentation that addressed departments selected for the study; reviewed fees not being presently studied for CPI adjustment; noted that all fees are rounded down to the nearest dollar; presented a summitry of fees for the Finance, Recreation and Senior Services, Municipal Operations, and Library Services Departments; added that 85% of the fees studied are being recommended to aeither stay the same, be lowered, or eliminated; addressed new fees; and commended Council Member Curry for encouraging staff to work with the community. She pointed out that 16 Municipal Operations, Recreation, and Library fees were eliminated and one was decreased. She also highlighted the special events appeal fees, reported that the majority of municipal services are covered by taxes, and noted that the ordinance will be presented for second reading and adoption at the December 13 Council meeting. In response to Mayor Pro Tom Gardner's question, Finance Director McCraner acknowledged that the fees for vehicles for hire are excessive, but covers extensive background checks, and Police and staff time. She reported that she will provide additional information on the matter. Council Member Curry commended staff on the short -term residential issues, addressed the process, and noted that because of increased efficiency on the part of staff, the City has been able to lower and eliminate many fees. Volume 60 - Page 302 City of Newport Beach City Council Minutes November 22, 2011 In response to Council Member Selich's question, Community Development Director Brandt reported that the hourly rate charged for development agreements cover all staff time. Finance Director McCraner reported that Council will have an opportunity to review the Community Development fees during year three of the study. Mayor Henn commented on the CPI increases on all fees not addressed. Mayor Henn opened the public hearing. Jim Mosher highlighted that the recovery percent for appeals to Council are 50% and 25% for Planning Commission appeals. He questioned outsourcing some services and the cost recovery for meeting room rentals. He noted that other recovery fees are listed to be up to 85 %, such as tree removals, Library fees, and the inter - library loan fee. Finance Director McCraner announced that she will respond to Mr. Mosher's concerns via a memo with copies to Council and that it can be discussed at second reading. Hearing no further testimony, Mayor closed the public hearing. •AV°.V.L u �Ouncil Member l;urr seconded by Council Member Selich to a) adopt Resolution No. 2011 -108 approving the Master Fee Schedules b) introduce Ordinance No. 2011 -28, amending NBMC Section 3.36.030, and pass to second reading on December 13, 2011; c) introduce Ordinance No. 2011 -29, amending NBMC Section 5.04.200 and deleting NBMC Sections 5.08.040, 5.08.050, 5.08.060, 5.08 010 and 5.08.080, and pass to second reading on December 13, 2011; and r_) introduce Ordinance No. 2011 -30, amending N13MC Sections 14.12.010, 14.12.090, 14.12.125, 1.1.20.010, 14.20.020, 14.20.050, 14.20.060, and 14.20.070 and deleting Section 14.20.030, and pass to second reading on December 13, 2011. The motion carried by the following roll call vote: Ayes: Council Member Hill. Council klember Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council - Member Selich, Council Member Curry, Council Member Daigle I. CURRENT BUSINESS 24. APPEAL OF THE PARKS, BEACHES AND RECREATION COMMISSION'S DECISION REGARDING THE REMOVAL OF EIGHTEEN (18) BLUE GUM EUCALYPTUS TREES ON HOLIDAY ROAD, floo -2011) Municipal Operation Director Harmon introduced Parks & Trees Superintendent Sereno and provided a PowerPoint presentation addressing recent events, including a previous a decision made to remove over 100 Blue Gum Eucalyptus trees on seven medians. He referenced upcoming meetings where options will be considered for reforesting the medians, addressed hiring an arborist to evaluate the trees throughout the City, and reported on the removal of trees in various areas. He noted that he is working with residents to choose replacement trees. He addressed the tree inspection, rating process, explained the ANSI 300 (Part 9) Tree Risk Assessment, discussed the Holiday Road tree ratings, presented recommendations provided to the Parks, Beaches and Recreation Commission (prese ed on November 1, provided the Commission's rationale for retaining the trees, and stated that staff is requesting that Council reverse PB &R's decision. In response to Council questions, Municipal Operations Director Harmon reported on the number of trees in the City's urban forest, affirmed that the City trees are routinely inspected, explained the process for requesting removal, reported on future plans to increase and manage the urban forest, and stated that the City contracts with a firm that performs Volume 60 - Page 303 City of Newport Beach City Council Minutes November 22, 2011 Parks and Trees Superintendent Sereno reported that sonic tomography, resistographs, and mitigation measures have been utilized annually to reduce the structure of the trees. He indicated that the trees were originally planted to protect crops, are old, have been placed in stressful situations. have a useful life but there is a point where they become hazardous, and stated that an urban forest is a living entity that needs to be renewed. Jenna Keith- Bernie expressed concern that the actions of the City are reactionary to the atragedy to September and believed that Council is rushing to judgment. Dennis Holland believed that the trees on Holiday Road are not in the same condition as the tree that caused the recent tragedy and encouraged Council to take their time in considering the issue. Greg Trandall believed that Council is reacting to other situations in the City, addressed trimming and treatments, and expressed opposition to the removal of the trees. Council Member Curry believed that any tree removed should be replaced and that public safety is the key consideration for the removal of trees. Municipal Operations Director Harmon affirmed that the rating from the arborists in the Volume 60 - Page 304 grid pruning according to industry standards. City Manager Miff stated that many requests for tree removals are processed administratively through his office and staff generally follows Council Policy G -1 (Retention or Removal of City Trees) which encourages a robust urban forest. Mark Bernie expressed concerns regarding the process, indicated that he has not had the opportunity to read the arborist report, questioned the method of rating, indicated there has been no communication with residents other than the notice for the meetings, stated that many residents believe that this is a reactionary decision based on events that occurred in September, and urged Council to continue the item to allow communication to residents as to how the trees are rated and how the system works. Municipal Operation Director Harmon reported that part of the overall rating is comprised of probability of failure and size the of tree. He stated that that. residents were noticed, information was presented at the PB &R meeting, and his office has been available for individual consultation with residents. He added that these trees have not been evaluated per the ANSI process in the past because it is fairly a new process. Dave Hayes stated that he has five Blue Gum Eucalyptus trees in his backyard, referenced the event that occurred in September, expressed concern as to how it happened, and opposed the removal of the trees. In response to Mayor Pro Tem Gardner's question. Municipal Operation Director Harmon affirmed that there were other detrimental issues noticed upon removal of the trees and believed that there is an issue with Blue Gum Eucalyptus trees. Jim Mosher referenced Council Policy G -1, believed that decision- makers were never shown pictures of the subject trees, and believed that alternatives should be considered. nn n Municipal Operation Director Harmon stated that regular pruning of canopies has been lul lul implemented as mitigation efforts, noting that two in -house arborists have evaluated the trees and agreed with the decisions. Parks and Trees Superintendent Sereno reported that sonic tomography, resistographs, and mitigation measures have been utilized annually to reduce the structure of the trees. He indicated that the trees were originally planted to protect crops, are old, have been placed in stressful situations. have a useful life but there is a point where they become hazardous, and stated that an urban forest is a living entity that needs to be renewed. Jenna Keith- Bernie expressed concern that the actions of the City are reactionary to the atragedy to September and believed that Council is rushing to judgment. Dennis Holland believed that the trees on Holiday Road are not in the same condition as the tree that caused the recent tragedy and encouraged Council to take their time in considering the issue. Greg Trandall believed that Council is reacting to other situations in the City, addressed trimming and treatments, and expressed opposition to the removal of the trees. Council Member Curry believed that any tree removed should be replaced and that public safety is the key consideration for the removal of trees. Municipal Operations Director Harmon affirmed that the rating from the arborists in the Volume 60 - Page 304 City of Newport Beach City Council Minutes November 22, 2011 evaluation of the trees resulted in a solid recommendation for removal and replacement and that the decision was in the interest of public safety. Mayor Pro Tem Gardner stated that she loves trees but believed that the recommendation from the professionals should not be ignored. Council Member Daigle noted that safety is paramount, expressed the importance of listening to professionals, and believed that other related issues should be studied in the future. Council Member Hill commented on the appropriateness of the City charging for services, suggested that they be capped at market rate, and believed that parking permit fee increases should be made in connection with added value. Mayor Henn opened the public hearing. Hearing no testimony, he closed the public hearing. Council Member Rosansky noted that costs are going up and expressed support for Volume 60 - Page 305 Council Member Hill stated that the Eucalyptus tree is one of his favorite trees; however, he could not ignore the recommendation of experts who have found the trees to be a public safety issue and hoped that staff will work closely with residents in discussing preferred replacement trees. Council Member Selich stated he too will not ignore the safety issue but suggested a post - evaluation of the removed trees to affirm that they posed a safety isstue. Mayor Henn agreed that there is a need for follow -up, indicated that he is not motivated by the liability or the prospects of litigation but rather by concerns for safety, and stated that he cannot ignore the recommendation, of professionals. Motion by Council Member Selich seconded by Council Member Curry to reverse the decision of the Parks, Beaches and Recreation Commission (PB &R) and direct staff to have the 18 Blue Gum Eucalyptus (BGF.) trees on Holiday Road removed, repair turf and minor softscape, and work with the affected residents on selecting replacement trees for the neighborhood. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle Mayor Henn stated his expectation that the City will work with residents on appropriate replacement trees. 25. UPDATE PARKING PERMIT FEES. [100 -20111 Finance Director McCraner referenced the parking permit program report and indicated that this was discussed by the Finance Committee which recommended bringing the issue before Council for review and comments. She addressed a comparable fee survey of cities and CPI inflators, aneighboring and reported that the Finance Committee also recommended looking into a Veterans discount. Mayor Piro Tem Gardner commented on the rationale for offering senior discounts. City Manager Kifff reported that many seniors are on fixed incomes. Council Member Hill commented on the appropriateness of the City charging for services, suggested that they be capped at market rate, and believed that parking permit fee increases should be made in connection with added value. Mayor Henn opened the public hearing. Hearing no testimony, he closed the public hearing. Council Member Rosansky noted that costs are going up and expressed support for Volume 60 - Page 305 City of Newport Beach City Council Minutes November 22, 2011 reassessing fees from time -to -tune. Motion by. Council Member Rosanskv seconded by Council Member Selich to a) adopt Resolution No. 2011 -109 updating the Annual Parking Permit to: 1) adjust the fee to reflect current market rates, 2) allow for an automatic annual adjustment by CPI, 3) limit the proration to once each year, on October 1, 4) provide a fifty percent (50 %) discount to senior citizens, and 5) provide a twenty -five percent (25 %) discount to veterans; b) adopt Resolution No. 2011 -110 updating the Overnight Permit to: 1) adjust the fee to reflect CPI changes, 2) allow for an automatic annual adjustment by CPI, 3) limit the proration to once each year, on October 1, 4) provide a fifty percent (50 %) discount to senior citizens, and 5) provide a twenty -five percent (25 %) discount to veterans; and c) adopt Resolution No. 2011- 111 changing the Master Parking Permit to: 1) lower the fee to $450; 2) limit the proration to once each year, on October 1; and 3) provide a twenty -five percent (25 %) discount to veterans. The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry Noes: Council Member Hill, Council Member Daigle X III. MOTION FOR RECONSIDERATION - None ADJOURNMENT - Adjourned at 10:20 p.m, in memory of Teresa McI Doreen Marshall ntosh and former Mayor The agenda for the Regular Meeting was posted on November 17, 2011, at 4:25 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 60 - Page 306 F City Council Minutes City Council Study Session November 22, 2011 — 3:30 p.m. I. ROLL CALL Agenda Item No. 1 December 13, 2011 Present: Council Member Hill, Mayor Pro Tern Gardner, Mayor Heim, Council Member Selich, Council Member Curry, Council Member Daigle Excused: Council Member Rosansky Council Member Rosansky arrived at 3:35 p.m. II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Hill noted that on Stem 5, Program 2. (Funding Applications to the OCTA for Funding Under the Comprehensive Transportation Funding Program) deals with Newport Boulevard along the Lido Village area. Since the City Council is studying the area, he emphasized the importance of havuig - this, done in`'eoncert with the revitalization efforts. Mayor Pro Tem Gardner also suggested that any opportunity that arises for bike safety be kept in mind. Mayor Henn commented onJtem 10 (Procurement of an Enterprise Content Management System) where four bids were received but there was no mention of the bid amounts. Assistant to the City Manager Houston rioted the range was between $190,000 and $420,000, and the low bidder was selected. 2. OVERV.I'EW'OF,ZONING`CODE CHAPTER 20.64 APPEAL PROCESS AND FEES. City Manager Kiff reported that Council requested that staff review the way items are called up either from Zoning Administrator decisions to the Planning Commission, or to the 'City Council from the Planning Commission. Deputy Community Development Director W isneski provided a PowerPoint presentation to discuss the process, other jurisdiction fees, and next steps. She reported on the current appeal process and decision hierarchy, filing requirements, appeal fees, and results of a survey. She noted° that Item 23 (Approval of Master Fee Schedule and Change In Subsidies) deals with the increase of appeal fees, among other fees. Mayor Pro Tom Gardner expressed concern with keeping the process fair and believed that the fees are high compared to other jurisdictions. She suggested making a distinction between residential and non - residential projects. Council Member Rosansky believed that the fees are too high and should be made comparable to other cities. Council Member Curry commented on the assumptions on which the fees are based and the time taken by staff to process an appeal. He referenced a previous fee recovery study Volume 60 - Page 290 City of Newport Beach. City Council Study Session November 22, 2011 and indicated that the fee should be recalculated based on the actual time spent on preparing an appeal. He believed that the current fee is no longer appropriate for the service provided. Council Member Selich agreed with lowering the fees, commented on the process and number of appeals being conducted, and indicated that people are aware that contacting the City Council for appeals is an option. He did not agree with making a distinction between residential and non - residential projects. Mayor Henn indicated that he would be in favor of a fee reduction, as long as there is justification for the reduced fee. Regarding the process, he-stated that he has turned residents down who have requested a no -fee appeal depending on whether the issue is a policy issue or a contentious issue for a large number of people. He suggested that any appeal that is brought forward on a no -fee basis require either two Planning Commissioners or two Council Members to agree tSproceed. Council Member Hill emphasized that the issue is whether or not a project has merit. He stated that a screening mechanism could-be created by having a lower fee. He indicated support for lowering the fee, as long as,'it continues to screen frivolous appeals, but expressed opposition to distinguishing between residential and non - residential projects. Regarding Mayor Henn's suggestion, he indicated that he would support the requirement of needing two Planning Commissioners or two Council Members to bring a no -fee appeal forward. e. Council Member Daigle voiced her support for`;having two Planning Commissioners or two Council Members agree to proceed with a no -fee appeal. Mayor Pro Tern Gardner also expressed support of the two - member rule. - Council Member Selich', expressed disagreement with the two- member rule. Council Member Rosansky also expressed opposition, stating his preference of seeing how lower the fee affects the number of appeals that come forward. Commurdty`Development Director Brandt noted that the City Council will be reviewing the master fee schedule,. at the regular agenda and that appeal fees will be under consideration, including a new appeal fee of the City Manager's approval/non-approval of a special event to the City Council, Further, appeal fees currently in place will be adjusted by the CPI. She suggested consideration of a 25% recovery fee for all appeals fees for consistency in the assumption. In response to City Council questions, Community Development Director Brandt addressed the Building and Fire Board of Appeals fee and reported that there has been only one appeal to date. She pointed out that the labor assumptions when first established included a 50 %recovery. She indicated a desire to look carefully at the issue. Council Member Rosansky commented on the 25% recovery on special events and wondered whether those should be balanced. Jim Mosher commended the City Council for considering lowering the fees. He expressed concern over individual Planning Commissioners or Council Members calling items up for appeal. He believed that under the City Charter, Council Members must act collectively and do not have the power to act as individuals to waive fees for themselves or others. George Schroeder agreed that the fees are high and felt that there should be a distinction Volume 60 - Page 291 City of Newport Beach City Council Study Session November 22, 2011 between residential and non - residential projects. Discussion ensued regarding a recommended fee amount, the two - member rule, and distinguishing between non- residential and residential projects. It was the consensus of Council to consider the feasibility of having a $2,500 appeal fee, only requiring one Planning Commissioner or one Council Member able to call-up an appeal, and making no distinctions between residential and non - residential projects. 3. ECONOMIC DEVELOPMENT UPDATE AND RECOMMENDATIONS. Assistant_ City Manager Smith discussed the disbanding,of the Economic Development Division and hiring of a consultant, Cindy Nelson, who has Economic Development experience. She reported that a three- pronged appr64ach4as developed which would improve the infrastructure and maintenance of. the City's infrastructure to encourage private investments; improve permitting and ;customer service; and enhance business relationships. She addressed revitalization_ goals, established by,'-the City Council, commercial area investments, and Mariner's Mile revitalization efforts.`, - Assistant City Manager Smith addressed the review and improvement, of processes including establishing new businesses in `the City, committing staff to help small businesses complete the permit process, and reviewing the business license process. She addressed enhancing relationships ;with the business sector, facilitating communication between the City and the various, business sectors, and, creating a formal way to create rapport. She referenced meetings with major sales taz_providers and suggested setting opportunities to meet with major business sectors. Jn addition, she encouraged support of small businesses and Business Improvement -Distrias;,(BIDs). She proposed creating a BID Administrator -whg, would help with- agendas, noticing, and the managing of sub- contractors and ancillary contracts, in ender to relieve the burden on the BIDs, to make them freer to.carry on the work that is- important in the communities. She reported that budget numbers are yet to be developed. Council Member Hill felt the City's focus on Economic Development is an extremely important activity and noted that the revitalization of non - performing areas in the City is a_ winning opportunity. 'He, agreed that strong leadership in the area of centralizing the BID process is needed. He'added that he would like to see attention paid to helping small businesses in the community,A111ing office spaces, and filling retail space with the same integrity and velocj.ty�as tourism; restaurants, and retail. Council, Member Daigle congratulated the Community Development Department for winning'thie Orange, County Business Council's Turning Red Tape to Red Carpet Award. She inquired'aboutthe activities that merited such an award. Community Development Director Brandt felt it was a reflection of the departments' attitude toward customer service and providing it at an excellent level. She addressed the City's qualified staff and found that 80% of plan reviews can be completed over the counter. In response to Council Member Daigle's inquiry, Assistant City Manager Smith addressed BIDS and noted that they market their businesses within the community. Council Member Curry emphasized that BIDs are groups of businesses who volunteered to work together and assess themselves for purposes of advancing the common good. They are only as effective as the number of businesses /people who stay active within the group. He asked if the establishment of a BID Administrator is something the BIDs have asked for. Mayor Pro Tern Gardner pointed out that she is the liaison to two BIDs and one of its Volume 60 - Page 292 City of Newport Beach City Council Study Session November 22, 2011 members has tried to create more synergy because of the many opportunities to work together. She felt the creation of a BID Administrator would serve to help create a consistent look in their marketing efforts and make them more effective. Council Member Selich stated the benefits of having a centralized BID Administrator, including centralizing the development of a website. Council Member Hill noted that when the Economic Development staff was disbanded, the main entities that complained were the BIDs. One of the commitments made was that as Council pursued identifying what the Economic Development model looked like for the City, that it would keep the BIDs as a high priority. Council Member Daigle felt that there are a lot of other; businesses that would appreciate website assistance and believed that the City should also look at ,those businesses. Council Member Hill noted that those individual businesses have the option of organizing. Mayor Henn stated that he is in favor of staffs recommendations, and added that it is important that the City do a better job in integratirig and supporting -all of the various parts of the City that are messaging to consumers or residents. He favored an integrated, strategic approach, and addressed the challenge of continuity faced by BlDIs. He felt it would be helpful to have professional continuity,: ,He indicated that he would like to find a way to rationalize funding for the BIDs and increase the funding so they can do more to help and benefit the areas they serve, especially in `circumstances where there are funding sources associated with those areas. Scott Palmer, representing Business Improvement Districts; reported that there are about a thousand businesses within the City's BIDs;thai are assessed and many are covered by other types of communal marketing charges. He spoke positively about having a centralized representation for the BIDS and asked for more details about the BID Administrator. Jim Mosher expressed confusion regarding the BID Administrator since he was under the impression •that the •Ciiy pays -Scott Palmer to perform those activities. He believed that the.:BlDs "are supposed-to,be self - funding through their levies and that they represent only a small portion of'the businesses in the City. He took exception with spending taxpayer money to fund the BIDs. Denys Oberman commended staff for the concept of having an integrated regional study relatiee to Mariner's Mile, noting it represents an area that is under- leveraged for the City and is 'a very challenging area. She requested additional information regarding the study, felt there'i§�ra high potential for an economic base, and recommended a concerted outreach to private developers': She suggested reaching out in a global level for some new ideas that could help the area. III. PUBLIC COMMENTS Jim Mosher addressed a change in the format of meetings for many City boards, commissions, and committees, especially as it relates to public comments. He believed that the public should be given the opportunity to comment on individual items, not just during the public comment section of a meeting. He expressed the opinion that the City Attorney should not make these types of decisions, but rather it should be made by the City Council. City Attorney Harp reported that Mr. Mosher brought to the attention of the City Attorney's office the fact that some of the board, commission, and committee agendas were not in compliance with Volume 60 - Page 293 City of Newport Beach City Council Study Session November 22, 2011 the Brown Act. To address his concerns, the City Attorney's Office developed a form which provides for a single public comment period. He emphasized that having a single comment period for agenda and non - agenda items is in compliance with the Brown Act. He added that after the form agenda was presented, Mr. Mosher complained that there should be two comment periods, so his office developed a second form agenda that has separate comment periods for agenda items and non - agenda items. He emphasized that it is up to the boards, commissions, and committees as to how they would like to operate their meetings and which agenda they prefer to use. Mayor Pro Tem Gardner reiterated that there is nothing to prevent any board, commission, and committee from opening public comments as they wish. Council Member Rosansky believed that the public should be allowed to comment on each agenda item. In response to Council Member Daigle's questions, City Attorney Harp,aeported that the biggest concern was that some of the board, commission, and committee agendas were not in compliance with the Brown Act. He reiterated that his office wanted to develop form agendas that do comply with the Brown Act, but if any board, commission, and committee wanted to -have a different process for public comments, his office would assist-.,,m modifying the form accordingly, Following discussion, Council Member Rosansky indicated that he will be requesting a future staff report during the evening meeting to review this issue further. IV. ADJOURNMENT - 4:45 p.m. The agenda for the Regular,Meeting was posted on November 17, 2011, at 4:25 p.m. on the City Hall Bulletin Board located outside `of,' the City of Newport Beach Administration Building.- - City Clerk Recording Secretary Mayor Volume 60 - Page 294 MAN IV ff'� City Council Minutes City Council Regular Meeting November 22, 2011 — 7:00 p.m. I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION - 4:45 p.m A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a)): Two Matters: 1. Banning Ranch Conservancy u City of Newport Beach, ei at 4th District Court of Appeals Case,No. G045622 2. Arnie Pike, et at u City of Newport. Beach United States District Court, Central Division, Case No. CV -08 -8580 DSF (RNBx) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of litigation pursuant to Government Code § 54956.9(c)): One matter. C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading Agency Designated Representatives: Dave ,Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel-,and Negotiator Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards _ (ANBOL); . Lifeguard Management Association (LMA); Fire Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); and Fire Management Association (1!MA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); Newport Beach Part-Time Unit (UPEC, Local 777) III. RECESS IV. RECONVENE AT 7:00 P.M' FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle VI. CLOSED SESSION REPORT - City Attorney Harp announced that there was no reportable action VII. PLEDGE OF ALLEGIANCE - Council Member Hill VIII. INVOCATION - Reverend Robert Ross, Newport Universalist Society Volume 60 - Page 295 City of Newport Beach City Council Minutes November 22, 2011 IX. PRESENTATIONS Proclamation Proclaiming November as Pancreatic Cancer Awareness Month Mayor Henri read the proclamation and presented it to Vivian D'Agostino. Ms. D'Agostino thanked Council for the proclamation, noted that no advancements have been made in the last 40 years regarding the diagnosis and treatment, reported that pancreatic cancer is the fourth leading cause of cancer deaths, is the least funded, and emphasized the importance of early detection. Recognition to the City for its Participation in Operation Christmas Mayor Henn announced that the City Clerk's Office will be collecting toys, DVDs, gift cards, and monetary donations until noon on Friday, December 23. Brad White, National Chairman and Chief Elf for Yellow Ribbon America and Operation Christmas, stated that the City of Newport Beach has partnered with Operation Christmas since 2005, commended the City for its support and participation, provided a brief background of Yellow Ribbon America, and presented the City with a Resolution from the State Assembly of Qalifornia for being supportive of the military and their families, and for being an example to all. ' , Presentation of Cultural Arts Grant Checks by, the City Council and the City Arts Commission Robyn Grant, City Arts Commission Chair, provided detalls.of their annual report for 2010/2011; presented a Cultural Arts grant check along with Mayor Henn to art organizations within the City; expressed appreciation for Council's support. of the arts; referenced the record attendance at art events; acknowledged corroboration with other agencies; addressed the lecture series, as well as donations of art and money to the City; and expressed appreciation to staff and Council. X. NOTICE TO THE PUBLIC XI. Council ,Member Rosansky, discussed the policy for receiving public comments at various board, commission and committee meetings, and requested that an item be placed on a future agenda for discussion. Mayor Pro Tem. Gardner announced that the Corona del Mar Christmas Walk will be held on December 4 from 1:1:00 a.m. to 4:00 p.m. In addition, she reported that she received a request for support from the City of San Clemente regarding San Onofre and requested that the item be placed on a future agenda. City Manager Kiff reported that staff will provide a letter of support and copies will be provided to Coi ncil.' Council Member Daigle reported that she visited the Second Harvest Food Bank and expressed the importance of supporting the organization. In addition, she announced that she attended the opening of the new terminal at John Wayne Airport (JWA) and reported that the project was completed on time and within budget. Council Member Curry announced that he attended the Orange County Business Council (OCBC) Turning Red Tape into Red Carpet awards ceremony where the City was given an award for business retention and development. He reported that he attended the grand opening of the Tamarind of London Restaurant in Newport Coast, stated that he participated in the League of California Cities (LCC) Annual Legislative briefing, and noted that the State continues to be in a Volume 60 - Page 296 City of Newport Beach City Council Minutes November 22, 2011 severe budget situation. Mayor Henn wished residents a Happy Thanksgiving, reported that there will be a special meeting on November 29 at 6:00 p.m. for closed session and 7:00 p.m. for the special meeting, and added that the December 13 regular meeting will begin at 5:00 p.m. He announced that the Balboa Village BID will sponsor a tree - lighting ceremony at 6:00 p.m. on December 3, and that a meeting of the Neighborhood Revitalization Committee meeting will be at 4:00 p.m. on December 8 in the Council Chambers. He also reported that he attended the inaugural meeting of the Center for Public Policy at Concordia University where a presentation was made on the State of Orange County. XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE REGULAR MEETINGS OF NOVEMBER 8, 2011. [100- 2011] Waive reading of subject minutes, approve as amended, 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 pursuant to Charter Section 412'` B. ORDINANCE FOR ADOPTION 3. MACARTHUR BOULEVARD AT 4221 DOLPHINSTRIKER WAY (PA2010- 135). [100 -20111 Conduct second, reading and adopt Ordinance No. 2011 -25 approving Planned Community Development Plan Amendment No. PD2010 -007 to change the zoning designation from Restaurant Site "1" to General Commercial Site "8" for property.located at 4221 Dolphin- Strikei (PA2010 -135). C. RESOLUTIONS FOR ADOPTION 4. APPROVAL OF MEASURE M2-EXPENDITURE REPORT. [100 -20111 Adopt Resolution No. 2011 -103 approving the the M2 Expenditure report subject to technical revisions in conformance with OCTA guidelines. 5. ADOPT A RESOLUTION TO SUBMIT FUNDING APPLICATIONS TO THE ORANGE ',COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR FUNDING UNDER THE MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP). [100 -20111 Adopt Resolution No. 2011 -104 approving the submittal of four funding applications to OCTA in accordance with the CTFP guidelines as part of the current Measure M2 call.for projects. 6. RESOLUTION SUPPORTING AN APPLICATION BY CITY OF COSTA MESA FOR OCTA MEASURE M2 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM FOR PLACENTIA AVENUE AND 17TH STREET. [100 -20111 Adopt Resolution No. 2011 -105 supporting the City of Costa Mesa application for the OCTA Measure M2 Traffic Signal Synchronization Program for the Placentia Avenue and 17th Street Corridor Synchronization Projects. 7. RESOLUTION SUPPORTING AN APPLICATION BY CITY OF IRVINE FOR OCTA MEASURE M2 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM FOR BONITA CANYON DRIVE -FORD ROAD AND UNIVERSITY DRIVE. [100 -20111 Adopt Resolution No. 2011 -106 supporting the City of Irvine application for the OCTA Measure M2 Traffic Signal Synchronization Program for the Ford Volume 60 - Page 297 City of Newport Beach City Council Minutes November 22, 2011 Road - Bonita Canyon Drive - Culver Drive and University Drive - Jeffrey Road Corridor Projects. D. CONTRACTS AND AGREEMENTS 8. LIDO ISLE PAVEMENT REHABILITATION PHASE III - NOTICE OF COMPLETION OF COMPLETION OF CONTRACT NO. 4520. [381100 -20111 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in. accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. I , 9. HARBOR VIEW HILLS SOUTH & NEWPORT HEIGHTS PAVEMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4609. [381100-20111,",'a") Accept the completed work and authorize the City Clerk to file a Notice of`Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 10. PROCUREMENT OF AN ENTERPRISE CONTENT MANAGEMENT (ECM) SYSTEM (C- 5005). [381100 -20111 Approve the execution of an agreement with American MicroImaging, lnc: (AMI) for the `- implementation of an Enterprise Content Management System, to` be- completed for an amount not to exceed $209.757.00. 11. 2012 NEWPORT BEACH RESTAURANT WEEK PROFESSIONAL SERVICES AGREEMENT- (C- 5006). [381100 -2011] Approve and authorize the Mayor and City Clerk to sign the January 2012 Restaurant Week Professional Services Agreement between the City of Newport Beach and California Marketing Concepts, Inc. (CIVIC'; Inc.)., . 12. INVESTMENT. ADVISOR CONTRACT APPROVALS (C- 5007). [381100 -20111 Approve three, five -year professional services contracts for investment advisory services with.Chandler Asset Management, Cutwater Investor Services Corporation, and PFM Asset Management. Council Member Curry recused himself from this item since he has a financial interest in the matter. 13. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 4 WITH BOHLIN :GYWINSKI JACKSON (BCJ) FOR FURNITURE FURNISHINGS AND EQUIPMENT (FF &E) DESIGN DEVELOPMENT AND SUPPORT SERVICES (C- 4527). [381100 -20111 Approve Professional Services Agreement Amendment No. 4 with BCJ of San Francisco for Civic Center and Park Project FF &E design development and support services at a not -to- exceed price of $220,310.00, and authorize the Mayor and the City Clerk to execute the Amendment. E. MISCELLANEOUS 14. PLANNING COMMISSION AGENDA FOR NOVEMBER 17, 2011. Receive and Volume 60 - Page 298 City of Newport Beach City Council Minutes November 22, 2011 file agenda 15. SHORE CLIFFS PROPERTY OWNERS ASSOCIATION REQUEST FOR STREET TREE UP- LIGHTING AND ELECTRICAL APPURTENANCES. a) Waive Council Policy L -6, Private Encroachments in the Public Rights -of -Way, to allow up- lighting and electrical appurtenances for five (5) Coral City street trees along Seaward Road, contingent upon all conditions of the Encroachment Permit process being met; and b) allow the City to enter into an Encroachment Agreement with the Shore Cliffs Property Owners Association. 16. APPROVE FUNDING FOR NEIGHBORHOOD REVITALIZATION PROJECT PLANNING. Approve Budget Amendment No. 12BA -017 appropriating $296,115 from the General Fund unappropriated fund balance to Account No. 7014- C8002023 and transferring $230,840 from Economic Development, Account No. 2720 -8080 to Account No. 7014- C8002023 for Neighborhood Revitalization concept planning. 17. REVENUE APPROPRIATION FOR POLICE DEPARTMENT JAIL FACILITY IMPROVEMENTS. Approve Budget Amendment, No. 12BA -019 appropriating $70,000 in additional revenues from dispositioned cases to the Police Department Structures and Improvements Account for improvements in the Jail facility. 19. NOMINATIONS FOR THE CITY'S VOTING MEMBER ON THE VISIT NEWPORT BEACH EXECUTIVE COMMITTEE. Confirm the nominations of Paul Blank (District 6) and Derinisl0'.Neil (District 6) by the Ad Hoc Appointments Committee to fill the voting member position on the VTNB Executive Committee. 20. WAIVE COUNCIL POLICY A -6, AND SET THE REGULAR MEETING FOR THE DECEMBER 13, 2011 FOR. 5:00 P.M. Waive Council Policy A -6 in order to conduct,tlfe December 13, 2011, tcgular City Council meeting at 5:00 p.m. Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosanskv to approve the Consent Calendar; except for the item removed (18); and noting the amendment to Item-1 and the: recusal,by Council'Membes'Curry on Item 12. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 18. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. Mayor Henn believed that it is important to move forward immediately to name the replacement, noted that the public comment period for the Banning Ranch Environmental Impact Report (EIR) has closed and the Planning Commission will hear the item in January. He indicated that there are a number of applications from qualified candidates on file. Motion by Mayor Henn, seconded by Council Member Selich to direct staff to bring back and item at the November 29 special meeting that would waive Council Policy A -2 (Board and Commission Appointments), and to provide for the nomination and appointment of an interim Planning Commissioner to replace Charles Unsworth. In response to Mayor Pro Tem Gardner and Mr. Mosher's concerns, Mayor Henn clarified Volume 60 - Page 299 City of Newport Beach City Council Minutes November 22, 2011 that the interim period to serve on the Planning Commission will be until June 30, 2012. Council Members Daigle and Rosansky voiced their concerns with handling the matter so quickly. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Henn, Council Member Selich, Council Member Curry Noes: Council Member Rosansky, Mayor Pro Tem Gardner, Council. Member Daigle XIV. PUBLIC COMMENTS Alicia Koberstein expressed concern about the sale of puppies from puppy mills and encouraged Council to consider the issue in the future. Erle Halliburton spoke in support of I Heart Puppies and.rommented positively on the owner of the store. He encouraged residents and Council to visit the store and noted that the owner supports local shelters: Ryan Sage reported that a large event is being promoted, in the City and is scheduled for December 31, 2011 and January 1, 2012. Council Member Daigle. reported that the issue has been brought to her attention and she discussed it with City Manager Kiff'and Police Chief Johnson. City Manager Kiff stated that he and Police Chief Johnson are aware and that they have been in contact with the promoter, reported that no permits have been issued, and that staff will be working on the matter. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the Airport':Land Use Commission discussed the Housing Element and the access, plan /additional square footage at Dolphin- Striker Way. She added that as part of their packets,, the Commission staff provided news articles of the region and referenced complaints to the FAA from various surrounding cities. Council Member Selich,reported that the West Newport Citizens Advisory Panel (CAP) met on November 9 and approved the landscape concept for the Superior and Balboa Boulevard /Coast Highway 'intersection. He' noted that the CAP will be looking at plans for Coast Highway from the Santa Ana River to Newport Boulevard, as well as Superior Avenue from the existing landscaping to Coast Highway. Council Member Hill reported that on November 16, the Corona del Mar CAP reached agreement on the layout for the entrance road pattern on MacArthur Boulevard and Coast Highway. He stated that they will be discussing the landscape design concept at the December 21 meeting at 4:00 p.m. at the OASIS Senior Center. He also reported that on November 17, he and Council Member Daigle participated in a town hallmeeting for the Eastbluff Residents Association with the Airport Working Group (AWG) and Air•Fare. He also reported that he attended the Lido Village CAP where guidelines were presented. He stated that great progress has been made and issues will soon be heard by Council. Mayor Pro Tem Gardner reported that the Harbor Commission and the Tidelands Management Committee had a presentation on a new public dock and expansion of the Balboa Island Marina. She stated that both groups were excited about the prospects and added that the item will be presented to the community groups next. Mayor Herr reported that the Neighborhood Revitalization Committee met on November 10 to review the status of the various CAPS. He also reported that the Balboa Village CAP meeting was Volume 60 - Page 300 City of Newport Beach City Council Minutes November 22, 2011 held on November 15 where a presentation was made on "The Brand Promise that Visit Newport Beach (VNB) operates under and there was also discussion about public safety issues in Balboa Village. He stated that the Tidelands Committee meeting occurred on November 16 where they discussed the proposed Balboa Island Marina public dock and bulkhead issue relating to sea level rise, and expanding the dredging of the Lower Bay. XVI. PUBLIC HEARINGS 21. HOUSING ELEMENT UPDATE (PA2008 -078). [100 -2011) Community Development Director Brandt discussed the City's,draft Housing Element that has received certification from the State Department of Housing and Community Development (HCD) as well as unanimous support from the Planning Commission. She addressed the General Plan, stated that the Housing. Element is the strictest relative to compliance, and indicated that staff has worked veil hard wiih the State Department to ensure that all requirements have been met. Associated Planner Murillo provided a PowerPoint presentation defining the Housing Element and actions taken in developing the Housing Element: He addressed the major components, including projecting housing needs, carryover of unmet needs from previous periods, site analysis, inventory, accommodating lower- income housing needs, constraints; and programs. He also addressed the Mitigated Negative Declaration (MND), circulation of the documents, comments received,; and responses. In response to Mayor Pro Tem Gardner' »_questions, Community Development Director Brandt reported that as part of the monitoring program, staff may be able to draw conclusions as to what an appropriate step might lie for the future of the program, reported that rental development usually involves conversion of hotel rooms into studio apartments, and acknowledgedthat the text on Table -H =27 should indicate the overall average amount. Associated Planner Murillo reported that the HCD has taken a neutral stand on inclusionary housing and has allowed flexibility on the issue. Council Member.Daigle commended staff for obtaining certification and noted the amount of affordable housing that exists in the "City. In response to Council Member, Selich's question, Community Development Director Brandt reported that staff has already begun work on the next Housing Element which is due in 2014. ` Mayor Henn opened the public hearing. Jim Mosher .expressed appreciation to staff, addressed mandates from the State, and questioned the requirement for additional housing units. Council Member Curry explained that the Housing Element is mandated by the State and the City complies with their requirements. Evelyn Hart complimented staff on the Housing Element, addressed the growing number of seniors in the City, and asked Council to direct staff to highlight senior housing opportunities as they become available. Hearing no further testimony, Mayor Henn closed the public hearing. In response to Council Member Daigle's question, Associate Planner Murillo reported that the Housing Element identifies several projects that are at risk for converting within the Volume 60 - Page 301 City of Newport Beach City Council Minutes November 22, 2011 planning period. Council Member Daigle expressed concern that when the State requires additional units, they are really pushing for higher densities. Motion by Mayor Henn, seconded by Council Member Hill to adopt Resolution No. 2011 -107, adopting the Negative Declaration and the 2008 -2014 Housing Element. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle f. 22. CITY COUNCIL REDISTRICTING. [331100 -20111 City Manager I&f introduced the item and addressed previous: reviews by Council. Motion by Council Member Curry, seconded by Mayor Pro Tem Gardner to introduce Ordinance No. 2011 -27 approving the `City Council Redistricting Committee's proposed changes to the City Council District boundaries, and pass to second reading on December 13, 2011. Mayor Henn opened the public hearing. . Jim Mosher suggested identifying the controlling document between the map and the text, made some formatting recommendations, and noted that a district line on the map cuts through a residence on Balboa Bay Drive: Dan Campagnolo stated that the line does not bisect the two properties. Hearing no further testimony, Mayor Henn closed the public hearing. The motion carrie&by the following roll call vote: Ayes: Council M''ember Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 23. APPROVAL OF MASTER FEE SCHEDULE AND CHANGE IN SUBSIDIES. [I00- 2011] Finance Director McCraner provided a brief PowerPoint presentation that addressed departments selected for the study; reviewed fees not being presently studied for CPI adjustment; noted that all fees are rounded down to the nearest dollar; presented a summary,of fees for the Finance, Recreation and Senior Services, Municipal Operations, and Library Services Departments; added that 85% of the fees studied are being recommended to either stay the same, be lowered, or eliminated; addressed new fees; and commended Council Member Curry for encouraging staff to work with the community. She pointed out that 16 Municipal Operations, Recreation, and Library fees were eliminated and one was decreased. She also highlighted the special events appeal fees, reported that the majority of municipal services are covered by taxes, and noted that the ordinance will be presented for second reading and adoption at the December 13 Council meeting. In response to Mayor Pro Tem Gardner's question, Finance Director McCraner acknowledged that the fees for vehicles for hire are excessive, but covers extensive background checks, and Police and staff time. She reported that she will provide additional information on the matter. Council Member Curry commended staff on the short -term residential issues, addressed the process, and noted that because of increased efficiency on the part of staff, the City has been able to lower and eliminate many fees. Volume 60 - Page 302 City of Newport Beach City Council Minutes November 22, 2011 In response to Council Member Selich's question, Community Development Director Brandt reported that the hourly rate charged for development agreements cover all staff time. Finance Director McCraner reported that Council will have an opportunity to review the Community Development fees during year three of the study. Mayor Henn commented on the CPI increases on all fees not addressed. Mayor Henn opened the public hearing. Jim Mosher highlighted that the recovery percent -for appeals to Council are 50% and 25% for Planning Commission appeals. He questioned outsourcing some services and the cost recovery for meeting room rentals. He noted that other recovery fees are listed to be up to 85 %, such as tree removals, Library fees, and the inter- libre'r .loan fee. Finance Director McCraner announced that she will respond to Mr. Masher's concerns via a memo with copies to Council and that it can be discussed at second reading. Hearing no further testimony, Mayor closed the public hearing. ' Motion by Council Member Curry, seconded by Council Member Selich to a) adopt Resolution No. 2011 -108 approving the Master Fee Schedule; b) introduce Ordinance No. 2011 -28, amending NBMC Section 3.36.030, and,pass to second reading on December 13, 2011; c) introduce Ordinance No. 2011 -29, amending,'NBMC Section 5.04.200 and deleting NBMC Sections 5.08.040, 5.08.050,_ 5.08:060, 5.08.070; and 5.08.080, and pass to second reading on December 13, 201.1; and e) introduce Ordinance No. 2011 -30, amending NBMC Sections 14.12.010, 14.12.090, 14.12;125, 14.20.010, 14.20:020, 14.20.050, 14.20.060, and 14.20.070 and deleting Section 14.20.030, and,pass to second reading on December 13, 2011. The motion carried. by the;following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council. Member Sehch, Council Member Curry, Council Member Daigle XVII. CURRENT BUSINESS 24. APPEAL OF THE PARKS, BEACHES AND RECREATION COMMISSION'S DECISION REGARDING THE REMOVAL OF EIGHTEEN (18) BLUE GUM EUCALYPTUS TREES ON HOLIDAY ROAD. [100 -20111 Municipal Operation Director Harmon introduced Parks & Trees Superintendent Sereno and provided a PowerPoint presentation addressing recent events, including a previous decision made to remove over 100 Blue Gum Eucalyptus trees on seven medians. He referenced upcoming meetings where options will be considered for reforesting the medians, addressed hiring, an arborist to evaluate the trees throughout the City, and reported on the removal of trees in various areas. He noted that he is working with residents to choose replacement trees. He addressed the tree inspection, rating process, explained the ANSI 300 (Part 9) Tree Risk Assessment, discussed the Holiday Road tree ratings, presented recommendations provided to the Parks, Beaches and Recreation Commission (PB &R) on November 1, provided the Commission's rationale for retaining the trees, and stated that staff is requesting that Council reverse PB &R's decision. In response to Council questions, Municipal Operations Director Harmon reported on the number of trees in the City's urban forest, affirmed that the City trees are routinely inspected, explained the process for requesting removal, reported on future plans to increase and manage the urban forest, and stated that the City contracts with a firm that performs Volume 60 - Page 303 City of Newport Beach City Council Minutes November 22, 2011 grid pruning according to industry standards. City Manager Kiff stated that many requests for tree removals are processed administratively through his office and staff generally follows Council Policy G -1 (Retention or Removal of City Trees) which encourages a robust urban forest. Mark Bernie expressed concerns regarding the process, indicated that he has not had the opportunity to read the arborist report, questioned the method of rating, indicated there has been no communication with residents other than the notice for the meetings, stated that many residents believe that this is a reactionary decision based, on events that occurred in September, and urged Council to continue the item to allow communication to residents as to how the trees are rated and how the system works. Municipal Operation Director Harmon reported that part of the overall rating is comprised of probability of failure and size of the tree. He stated that that residents were noticed, information was presented at the PB &R meeting, and his office has been available for individual consultation with residents. He added that these trees have not been evaluated per the ANSI process in the past because it is;'A fairly new process. Dave Hayes stated that he has five Blue Gum Eucalyptus trees in his backyard, referenced the event that occurred in September, expressed concern as to how it happened, and opposed the removal of the trees. In response to Mayor Pro Tem Gardnees, question, Municipal Operation Director Harmon affirmed that there were other detrimental issues noticed upon removal of the trees and believed that there is an issue with Blue Gum Eucalyptus trees. Jim Mosher ••eference'Council Policy G -;1, believed that decision - makers were never shown pictures of the subject trees, and believed that alternatives should be considered. Municipal Operation Director Harmon stated that regular pruning of canopies has been implemented as mitigation efforts, noting that two in -house arborists have evaluated the trees and agreed with the decisions. Parks and Trees Superintendent Sereno reported that sonic tomography, resistographs, and mitigation measures have been utilized annually to reduce the structure of the trees. He indicated that the trees_ were originally planted to protect crops, are old, have been placed in stressful situations, have a useful'life but there is a point where they become hazardous, and stated that an urban forest is a living entity that needs to be renewed. Jenne Keith - Bernie expressed concern that the actions of the City are reactionary to the tragedy in September and believed that Council is rushing to judgment. Dennis Holland believed that the trees on Holiday Road are not in the same condition as the tree that caused the recent tragedy and encouraged Council to take their time in considering the issue. Greg Trandall believed that Council is reacting to other situations in the City, addressed trimming and treatments, and expressed opposition to the removal of the trees. Council Member Curry believed that any tree removed should be replaced and that public safety is the key consideration for the removal of trees. Municipal Operations Director Harmon affirmed that the rating from the arborists in the Volume 60 - Page 304 City of Newport Beach City Council Minutes November 22, 2011 evaluation of the trees resulted in a solid recommendation for removal and replacement and that the decision was in the interest of public safety. Mayor Pro Tem Gardner stated that she loves trees but believed that the recommendation from the professionals should not be ignored. Council Member Daigle noted that safety is paramount, expressed the importance of listening to professionals, and believed that other related issues should be studied in the future. Council Member Hill stated that the Eucalyptus tree is one of his favorite trees; however, he could not ignore the recommendation of experts who have found the trees to be a public safety issue and hoped that staff will work closely with. residents in discussing preferred replacement trees. Council Member Selich stated he too will not ignore the safety issue-but suggested a post - evaluation of the removed trees to affirm that they posed a safety issue: Mayor Henn agreed that there is a need for follow -up, indicated that he is not motivated by the liability or the prospects of Litigation but rather by concerns for safety, and stated that he cannot ignore the recommendations of professionals. Motion by Council Member Selich, seconded bd Council Member Curry to reverse the decision of the Parks, Beaches and.Tiecreation Commission (PB &R) and direct staff to have the 18 Blue Gum Eucalyptus (BGE) trees on Holidav -.Road removed, repair turf and minor softscape, and work with the affected residents on selecting replacement trees for the neighborhood. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council. Member, Selich, Council Member Curry, Council Member Daigle Mayor Henn stated his expectation that the City will work with residents on appropriate replacement trees, 25. UPDATE PARKING PERMIT FEES. (100 -2011] Finance Director McCraner referenced the parking permit program report and indicated that this was discussed by the Finance Committee which recommended bringing the issue before Council for review and comments. She addressed a comparable fee survey of neighboring cities and CPI inflators, and reported that the Finance Committee also recommended looking into a Veterans discount. Mayor Pro Tem Gardner commented on the rationale for offering senior discounts. City Manager Kiff reported that many seniors are on fixed incomes. Council Member Hill commented on the appropriateness of the City charging for services, suggested that they be capped at market rate, and believed that parking permit fee increases should be made in connection with added value. Mayor Henn opened the public hearing. Hearing no testimony, he closed the public hearing. Council Member Rosansky noted that costs are going up and expressed support for Volume 60 - Page 305 City of Newport Beach City Council Minutes November 22, 2011 reassessing fees from time -to -time. Motion by Council Member Rosansky, seconded by Council Member Selich to a) adapt Resolution No. 2011 -109 updating the Annual Parking Permit to: 1) adjust the fee to reflect current market rates, 2) allow for an automatic annual adjustment by CPI, 3) limit the proration to once each year, on October 1, 4) provide a fifty percent (50 %) discount to senior citizens, and 5) provide a twenty -five percent (25 %) discount to veterans; b) adopt Resolution No. 2011 -110 updating the Overnight Permit to: 1) adjust the fee to reflect CPI changes, 2) allow for an automatic annual adjustment by CPI, 3) limit the proration to once each year, on October 1, 4) provide a fifty percent (50 %) discount to senior citizens, and 5) provide a twenty -five percent (25 %) discount to veterans; and c) "adopt Resolution No. 2011- 111 changing the Master Parking Permit to: 1) lower the fee to $450; 2) limit the proration to once each year, on October 1; and 3) provide a twerity4ive percent (25 %) discount to veterans. The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro-Tem Gardner, Mayor Henri, Council Member Selich, Council Member Curry Noes: Council Member Hill, Council Member Daigle XVIII. MOTION FOR RECONSIDERATION None XIX. ADJOURNMENT - Adjourned at 10:20 p.m, in memory of Teresa McIntosh and former Mayor Doreen Marshall The agenda for the Regular Meeting was posted on November 17, 2011, at 4:25 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 60 - Page 306 City Council Minutes City Council Special Meeting November 29, 2011 — 7;00 p.m. I. ROLL CALL Present: Council. Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council'Meiwber Daigle II. PUBLIC COMMENTS REGARDING CLOSED SESSION - None III. CLOSED SESSION - 6:00 p.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION ;(Government Code § 54956.9(a)): One Matter: 1. Banning Ranch Conservancy u City o('Newport Beach, et al 4th District Court of Appeals Case No. G045622 B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated Representatives: Dave Kiff. City Mgnager; Dana Smith, Assistant City Manager; Terri Cassidy. Human Resources Director; -and Richard Kreisler, Special Counsel and Negotiator Employee Oryanization:-;All Labor Associations: Association of Newport Beach Ocean Lifeguards (AN'BOL); Lifeguard Management .Association (LMA); Fire Beach Fire Management Association- (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); and Fire Management A_asociatirn "FMA); City Employees Association (NBCEA); Newport Beach Professional & TechnicaLEmployees Association (NBPTEA); Newport Beach Employees League (LABEL); Newport Beach Part -Time Unit (UPEC, Local 777) IV. RECESS V. RECONVENE AT 7:00 P.M. FOR SPECIAL MEETING Vl. ROLL CALL Present: Council Member Hill; Council Member Rosansky; Mayor Pro Tem Gardner; Mayor Henn; Council Member Selich; Council Member Curry; Council Member Daigle VII. CLOSED SESSION REPORT - City Attorney Hap announced that there was no Closed Session Report VIII. NOTICE TO THE PUBLIC IX. PUBLIC COMMENTS Jim Mosher noted the regulations pertaining to special meetings, and thanked staff for making the agenda and reports available to the public last Friday. He believed that Council should meet twice Volume 60 - Page 307 City of Newport Beach City Council Special Meeting Minutes November 29, 2011 in December as indicated in the City's Charter. Ryan Sage referenced a matter discussed at the last meeting relative to 4647 MacArthur Boulevard and requested an update regarding possible actions. City Manager Kiff responded that he has no feedback on the matter at this time. X. CURRENT BUSINESS 1. INFORMATION TECHNOLOGY FIVE YEAR STRATEGIC PLAN. [100 -20111 Receive and file this report and provide feedback. Assistant to the City Manager Houston provided a PowerPoint presentation detailing the Information Technology (IT) Five -Year Strategic Plan and addressed the response to Council initiative and vision to be "Faster, Smaller and Smarter" as an organization. He introduced Roy Hernandez from Third Way Consulting Group. Consultant Hernandez presented details of the IT Strategic Plan (ITSP) which addresses project goals, objectives, business and service delivery requirements, findings, and needs assessments. He discussed the workshops attended by staff, and- applicable findings and opportunities; and management, operational -and technology issues, including outdated systems, disconnected systems and shadow.' systems. He reported that significant investments will be required to _remedy the IT challenges. He presented details of the implementation plan, including ,objectives and recommendations, and in- house, outsourcing or hybrid models. He recommended that .the initiatives be spread over a 5- year period and that they be phased. He further addressed potential benefits to the City with implementation of the plan, returns on investments, and, conclusions. . Assistant to the City .Manager Houston presented an update on changes already being made at the department, level to meet some of the recommendations, including centralized and coordinated IT operations, research of best practices from private and public sector organizations, staffing models with experts in core areas with outsourcing used for demand spikes, developing.common I -T. infrastructure standards, and replacing old legacy systems. He addressed- virtualizatioin of servers and desktops, consolidating data centers, creating a project priority'list, and the ability to conduct research and development. City Manager Kiff addressed progress already made and prioritizing the investments with other City needs. Ensuing discussion pertained to additional space resulting from data consolidation, having to wait until year four for maximum benefits, availability of tablet computers for management, and police officers, initial investment amount to be included in the budget, the possibility of sharing applications with other cities to save money, and breakdown of costs between hardware and software. Council Member Selich stated his expectation included a greater use of outsourcing in order to take advantage of economies of scale,'keep costs down, and keep current with technology. Consultant Hernandez noted that the findings in the report stipulate that technology be leveraged to the fullest and takes into account opportunities for outsourcing as well as other models. He added there are a number of options for consideration. He clarified that one of the recommendations is to eliminate shadow systems and adopt an enterprise architecture. He addressed unique requirements for each city and cautioned against outsourcing everything. Volume 59 - Page 308 City of Newport Beach City Council Special Meeting Minutes November 29, 2011 Council Member Hill commended staff for tapping into the resources offered by the Citizens Technology Task Force. He believed that the City should move in the recommended direction, stated one of the priorities should be the transportability of systems and that he would like to see a five -year master plan for the funds as the City moves forward with the IT strategy. He discussed the proposed cost savings and increased efficiencies, and suggested breaking it down further. Council Member Curry indicated that he was pleased with the work and results of the Citizens Technology Task' Force, and believed that this was :a good starting point. He noted the importance of feedback from experts in the community, as well as obtaining significant economies by working in tandem with other jurisdictions, outsourcing services, leveraging the resources of community expertise, and ataying-;flexible enough to be able to keep pace with technology. He stressed the need to commit as a Council to moving forward. In response to an inquiry from Mayor Pro Tem Gardner, Assistant to the City Manager Houston reported the systems being recommended are standard and will integrate with the City's current systems. Mayor Pro Tem Gardner commended Consultant Hernandez and the Citizens Technologyy Task Force for their sensitivity to personnel, and agreed with Council Member Curry's comments with reference to moving forward and the need to find the money to proceed. In response to Council Member Daigle's inquiry, Consultant Hernandez addressed the computing environment envisioned in five years. He reported that e- Government is the best protection against changing technology. He predicted that in five years, everything will be mobile and web-enabled, and everyone will have a tablet or phone. He added that business will be conducted through interactive transactional applications through the internet, directly tied into the City's financial systems. Mayor Henn acknowledged the hard work involved in developing the strategic plan, especially the analysis of processes - -which should follow with hardware and software solutions. He indicated support for the City challenging itself to generate new solutions and new ways of doing business. He agreed that the City has under - invested and under - managed its IT functions and d °ith outsourcing. He believed that outsourcing on a broader scale would be a tenable solution. Mayor Henn indicated that there would have to be project -level financial, justification for each major project and the benefits would need to be considered at a more detailed level. He encouraged the City to continue to be open to outsourcing and virtual solutions, and emphasized the need for a change management plan. Consultant Hernandez indicated a recommendation was made for a change management plan in the Findings and Recommendations document, but normally a change management plan is not produced in a strategic plan. City Manager Kiff noted that staff is looking at the Enterprise Resource Planning (ERP) system as an opportunity to change multiple processes and agreed with the need for justification. Mayor Henn acknowledged that the City has never had an integrated strategic view of how to manage IT and how to do that right, and emphasized that that the City needs an IT strategic leader for execution and management. He indicated that he would like to see the Volume 59 - Page 309 City of Newport Beach City Council Special Meeting Minutes November 29, 2011 filling of that role before any funding recommendations are made. In response to Council Member Selich's questions, Consultant Hernandez reported that applications will not be hosted locally but through an outside server or other source, and discussed desktop computer sales trends. 2. WAIVE COUNCIL POLICY A -2, BOARD AND COMMISSION APPOINTMENTS; DECLARE A VACANCY OF THE POSITION HELD BY PLANNING COMMISSIONER CHARLES UNSWORTH; AND APPOINT A NEW PLANNING COMMISSIONER TO THE PLANNING COMMISSION TO FILL THE UNEXPIRED BALANCE OF PLANNING COMMISSIONER CHARLES UNSWORTH'S UNEXPIRED TERM, WHICH ENDS JUNE 30, 2012.[24/100-20111 Mayor Henn referenced a previous report that resulted in the appointment of a Planning Commissioner in February 2012. He expressed his,eoricern with the timing due to needing to have someone in place as soon as possible to assist with the review of the Banning Ranch Environmental Impact Report (EIR) that is knowledgeable' 'and experienced. He indicated that this is what drove him, to suggest an accelerated;, timeframe. He acknowledged that the appointment could not occur until the December 13 Council meeting and emphasized that this would be an interim appointment, through June 30, 2012. Mayor Henn added that this would allow more time for public input, scrutiny, and consideration; more time for the submission of applications; and complies with State law. He noted that this recommendation only eliminates one of the steps in Council Policy A -2 (Board and Commission Appointments) of forming a.Council ,subcommittee. Motion by Council - Member Hill, seconded by Council Member Selich to a) waive Council Policy A -2, Board and Commission Appointments; b) declare the Planning Commission position held by Planning Commissioner Charles Unsworth vacant; c) set the deadline for 'submission of applications for the Planning Commission position to Wednesday, December 7,.2011; and d) continue nomination and appointment of a new Planning Commissioner ,to the,December 13, 2011 Council meeting to fill the unexpired balance of Planning Commissioner Charles Unsworth's term, which expires on June 30, 2012. Council Member Selich agreed, that appointing a Planning Commissioner as soon as possible is important.. Further, this would provide the Banning Ranch project, as well as any other applicants, with a full Planning Commission to deliberate the issues. Mayor Pro, Tem Gardner inquired regarding the process and Mayor Henn indicated his expectation is for Council Members to nominate candidates to be voted upon and go through the voting process. Jim Mosher agreed with Mayor Pro Tem Gardner and indicated that he does not see the urgency and referenced technical issues with the Banning Ranch EIR. He discussed noticing requirements pursuant to State law and believed that there is confusion relative to the manner in which the vacancy and application deadline have been announced. He suggested Council following the procedures in Council Policy A -2. Laura Curran noted that the Planning Commission can still function with a quorum with six members if the normal process is followed. She believed that any qualified candidate would be familiar with the Banning Ranch EIR. She presented a brief history of Council Policy A -2, as well as key provisions. She believed that waiving Council Policy A -2 violates Volume 59 - Page 310 City of Newport Beach City Council Special Meeting Minutes November 29, 2011 the spirit of the provisions and there would be no guarantee regarding the process. Council Member Rosansky believed that waiving Council-Policy A -2 would be unfair to the public, noting it is especially important to follow in this case because it is a critical appointment. He added that the process and appointment should be beyond reproach and did not see the need to expedite the process. Council Member Daigle believed that the policy was poorly packaged and that the media coverage reflected poorly on Council. She stressed the need to follow policies and believed that there is no justification to expedite the appointment. Council Member Curry addressed the practical impacts of waiving the policy and believed that candidates have a better chance of being appointed through the expedited process than by going through Council Policy A -2. Mayor Pro Tem Gardner stated that Council should change the policy and indicated that she agreed with Council Member Rosansky. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Henn: Council Member Selich, Council Member Curry Noes: Council Member Rosansky, Mayor Pro Tem Gardner, Council Member Daigle 3. NEWPORT BEACH CIVIC CENTER AND PARK PROJECT - PROPOSED PEDESTRIAN BRIDGE OVER SAN MIGUEL DRIVE (C- 4527). [381100 -2011] Public Works Director Badum discussed the background and referenced direction by Council to not include the bridge, and wait -and see how the project and contingencies moved along. He noted that now would be the' most economical time to add the bridge if desired. He utilized a-PowerPoint presentation that included renderings of different views of the bridge, the cost, and funding ,options. He detailed the amounts in both contingencies, change orders within th6 City's Owner Contingency, original contract and amendments, and pending amendments. He reported that the remaining project has gone well and staff is fairly confident there will he no big issues on the horizon. Council Member, Selich presented a brief historical perspective. He expressed his reasons for supporting the •inclusion of the bridge, including the importance of having another place to provide an opportunity for people to get out and walk. He believed that the pedestrian bridge appropriately connects the two parts of the park into one; crossing the intersection is'very disruptive to walking or jogging; and the bridge will improve traffic efficiencies. He stated that the Civic Center will become one of the great legacies of the City. He addressed financial savings achieved and requested Council's support. Council Member Rosansky addressed the functionality of the bridge and believed that it is not a critical expense. He addressed costs involved in maintaining the bridge and other existing view opportunities. Motion by Council Member Rosanskv, seconded by Mayor Pro Tem Gardner to not authorize the construction of the pedestrian bridge over San Miguel Drive. Substitute motion by Council Member Selich, seconded by Council Member Hill to a) authorize the Mayor and City Clerk to execute Amendment 43 to the Construction Manager at Risk Contract with C.W. Driver of Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the construction of the pedestrian bridge over San Miguel Drive to the scope of work for Civic Center and Park Project at a not -to- exceed price of $2,000,000 subject to approval as to form by the City Attorney; and b) authorize Volume 59 - Page 311 City of Newport Beach City Council Special Meeting Minutes November 29, 2011 the transfer of $1,000,000 from the Construction Manager at Risk contract's construction contingency to the project's work scope and authorize a change order from the City's owner contingency in the amount of $1,000.000. Council Member Curry expressed concerns about the costs, referenced the voters' approval of Measure B, and believed that it is Council's job to do the will of the voters. He reported that San Miguel Drive is one of the most impacted intersections in the City and believed that the pedestrian bridge is an integral element in how the park will function. Council Member Hill indicated that he supports constructing the bridge, noting there are functional, aesthetic and financial reasons to support the bridge. He felt the most important functional reason is that the intersection is not a -safe place for pedestrians to be today and opined the bridge would provide a popular' view point. He also addressed financial reasons, noting it can be done without augmenting the budget and at the most economical dollars the City will be able to spend. ' Denys Oberman inquired about the total spent on the project thus far relative to the percentage of completion. She believed that if there,is extra money, there may be a better use for the funds. She asked that Council -defer consideration of spending the money until the project is at least 80% complete. George Schroeder spoke in favor of the bridge and,urged Council to support the project. Jim Mosher thanked staff for making the contract amendment and renderings available. He spoke in opposition to the bridge and questioned C. W. Driver's contribution toward the cost of constructing the bridge. He addressed Measure B and asked whether Police and Fire Department administrative offices will be included in the project. In response to Council Member Daigle's inquiry, Public Works Director Badum confirmed that upon the execution of the agreement, there will be an attachment itemizing the $2 million. He explained why it was not included in the staff report, but noted that it was in the original contract package previously approved by Council. In response to Mayor lienn's inquiries; Public Works Director Badum explained why the contingency is not at- risk in the remainder of the project. He explained the current process, noting than most of-.the major requests for information/submittals have been submitted to the architect for clarification and /or approval of products. He reported that there have been extensive conversations about every component within the project. He indicated no problems, were found upon excavation and stated the team is confident that all major areas have been addressed. Regarding the timeline, he affirmed that the project is on time and that the project should be complete by the end of 2012. He addressed the cost impacts of.possible delays. William Hahn, C. W. Driver, reported that the evaluation included possible delays. He estimated that if the project experienced a two month delay, financial impacts may be about $200,000. Regarding waiting to build the bridge, he reported that they are at a point in the project where it can be included and the project would still meet the completion date. However, if Council decided to go forward with the bridge at a later date, the entire north park would need to be re- graded and re -done at an additional cost. Council Member Rosansky addressed the construction management costs related to constructing the bridge. He noted that the contingency is for unforeseen events and that the issue is not the contingency, but rather whether the City is getting $2 million of value by building the bridge. He inquired about safety data relative to the intersection, opined Volume 59 - Page 312 City of Newport Beach City Council Special Meeting Minutes November 29, 2011 the whole thing is circumstantial and reported that many architectural visions were value engineered out. He suggested spending the money on sculptures for the sculpture garden rather than a bridge, and stated that eliminating the crosswalk would make the intersection safer. He recommended determining whether or not a bridge will get used. Mayor Henn indicated that there may be other parts of the project where the City did not get its value and that it is not fair to single out this one aspect of the designfor criticism at the last minute. He stated that the traffic improvements on San Miguel Drive work well and indicated that he has changed his mind regarding the bridge and will support it on the basis that it completes the design that was originally envisioned and provides for a safer intersection with better traffic flow. The substitute motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Henn, Council Member Sehch, Council Member Curry Noes: Council Member Rosansky, Mayor Pro Tem Gardner, Council Member Daigle XI. ADJOURNMENT - 9:55 p.m. The agenda for the Regular Meeting was posted on November 25, 2011, at 2:40 p.rrL on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 59 - Page 313