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HomeMy WebLinkAbout01 - Minutes - 5-22-12City Council Minutes City Council Study Session May 22, 2012 — 4:00 p.m. I. ROLL CALL Present: Council Member Hill, Mayor Pro Tern Curry, Mayor Member Henn Excused: Council Member Rosansky, Council Member Daigle Council Member Daigle arrived at 4:06 p.m. Council II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT Agenda Item No. 1 June 12, 2012 11 WWII Member Selich, Council at 4:21 p.m. In response to Mayor Gardner' s questions - regarding Item`1'3,(Public Right -of -Way at 701 and 701%2 Orchid Avenue), Deputy Public Works `131rector Webb':liigblighted the policy regarding critical links for sidewalks but noted that th`e subject link;ia not designated as critical. He reported that, for this item, there is existing landscape and some�tree`ssues; but the property owner has chosen not to install sidewalk's: Mayor Gardner r'e`quested that staff look into the matter and consider installing sidewalks due; to pedestrian safety. Regarding Item 5 (Parking Meter Service with`Ontral Parking System, Inc.), Council Member Hill requested and received clarification from Finance Director McCraner that it is within the scope of work that -the vendor- naintain`a_rall . arkin gmeter equipment, si na a and striping. g. City Manager Kiff reported that-qstaff will be recommending removal of the Special Events Advispry Committee (SEAL) recommendations (Item 14) from the Consent Calendar. Regarding, Item 10 (Planning Commission Agenda), Community Development Director Brandt reported a correction to Plan`Iing Commission Item 3 relative to the continuation of the Banning Ranch Project, noting that the vote was 5 to 1 for the continuance, with Commissioner Hillgren voting no. 2. CAPITAL IMPROVEMENT PROGRAM (CIP) - BUDGET PRESENTATION. City Manager Kiff introduced the item, reporting that after the majority of the presentation and at the point neighborhood revitalization is discussed, on the advice of the City Attorney, three Council Members who have potential conflicts will be asked to recuse themselves. City Attorney Harp added that all of the neighborhood revitalization items will be. grouped together for discussion. He reported that there is a general exception that applies to capital improvement projects where Council Members would not necessarily need to recuse themselves; however, although staff does not believe that there is a conflict, out of an abundance of caution, Council Members involved have agreed to recuse themselves from those discussions. Deputy Public Works Director Webb utilized a PowerPoint presentation to discuss the details of Volume 60 - Page 457 City of.Newport Beach City Council Study Session May 22, 2012 the Capital Improvement Program (CIP), including how projects are selected, the current Pavement Master Plan, and status of Newport Coast streets; Council priorities; FY 2011 -12 major CIPs completed and costs; performance measurements; contingencies; and changing measurements within the approved contingencies. He addressed on -going encumbrances for work in progress and the FY 2012 -13 CIP including costs, number of projects, new funding and re- budget funds. He further reported on the 10 =year CIP funding history. He highlighted the major projects and the approved conceptual master plan for Newport Boulevard /32nd Street and the related landscape plan. He reported on specific street improvements, Americans with Disabilities Act (ADA) improvements, drainage improvements, the traffic and signal modernization project, parks, harbors and beaches, and noted that dredging is included in the %total budget dollars. Deputy Public Works, Director Webb presented details relative to'a%ater quality and environmental programs, water system, wastewater system programs, and miscellaneous programs including the r 1 „y, Santa Ana Heights undergrounding. He also presented a'summar3 ,: f the proposed FY 2012 -13 CIPs. Discussion followed regarding the schedule for the Marina Park Project,-using care to avoid double - booking seawall and bulkhead modificat fins, and _A out the portion ofItlie total budget that is associated with the Civic Center Project. Deputy Public Works Director Webbinoted that the Civic Center is under an ongoing encumbrance an`d'explained the difference between a re- budget and an encumbrance. City Manager Kiff suggested in( ongoing encumbrances in order to going for',ward, that shows active and inactive ng the amount of work occurring in the City. Discussion ensued relative to plans for the City to work with the City of Irvine relative to Bonita Canyon and traffic challenges, and the possibility of ha the the City of Irvine monitor some Newport Beach intersections:,} f Council Member Henn requested that staff provide a representation on the total amount of CIP activity in the City for FY;'�2011 -12 and FY, 2012-13. Deputy Public Works Director Webb addressed the proposedtiEY 2012 ]r3 „CIP new funds and total funds, and presented details on the proposed modifications in ider to reach- 'tlie,$3(6 million in the General Fund CIP budget. Brief discussion followed)regaid ug taking some of the plants at the current City Hall facility to the new Civic Center, keeping Southern California Edison (SCE) credits that are purchased but notosed right away, risk related }to devaluation of credits, and addressing resident equity Regarding th&, budget request for Local Coastal Plan (LCP) implementation, Community Development Director Brandt reported that the amount indicated will help with environmental studies that will iigad t'raccompany the regulatory document which will be prepared in- house. Consulting help will'., e used for technical studies only. She suggested allocating the amount in two phases, stated that preparation of the documents which will be submitted to the California Coastal Commission will take approximately 18 months, and noted that she has no concerns if half of the budget is allocated in this fiscal year and the other in the next. Regarding the completion of monument signs on Newport Coast Drive and Coast Highway, Mayor Gardner believed that the design standards should be maintained and expressed her preference for the standard design. Discussion ensued regarding the design of monument signs and maintaining City -wide standards, whether the City actually has monument sign standards, and the use of various designs throughout different areas of the City. Mayor Pro Tem Curry listed areas in the City using different designs and stated that the request from residents to use their design should be considered. Council Member Selich stated that the designs mentioned were installed prior to Volume 60 - Page 458 City of Newport Beach City Council Study Session May 22, 2012 the City adopting monument design standards and expressed his preference for the standard design. Council Member Rosansky stated that the design standards should be maintained and indicated preference for the standard design in order to create a unifying presence for the City. Council Member Henn noted that the Balboa Village Citizens' Advisory Panel (CAP) is discussing new identification for that area and the possibility of changing signage. Deputy Public Works Director Webb noted that the present issue relates to funding and suggested addressing the type of sign at a later time. He addressed other projects to include in the CIP budget, including the Balboa Cove public walkway design, the Eastbluff bicycle lane extension, and the Old Newport Boulevard parking and landscaping concept.% Council Member Selich suggested reducing the $150,000 for the plementation of the LCP to $75,000 for this fiscal year. He also suggested reducing the` Balboa Cove walkway project to $40,000 and moving the $35,000 Eastbluff bicycle lane extension up 6n ,,the list. 11 Council Member Daigle, expressed support for CounciliMember Sehch's proposal if staff feels it is workable. r/ P, In response to Council Member Henn's question, Dep'uty Public Works Directb +)Webb reported that the City submitted an Orange County Transportation Authority (OCTA) grant application in April for the Eastbluff bicycle lane extension, and expects to find out the results in mid - summer. Council Member Henn suggested moving the project ups on the list only if the OCTA funding does not come through. Council Member Hill indicated support Ifor suggestions. 1 City Manager Miff affir -med Council's direc addressed assign' ng> 40,0001or the Balbo; lane extension pen ing OCTA funding and, for the Old Newport Boulevar`'d parking and Council Merfiber -•R( Boulevard parking d s gri for the Old D Citizens Advisory Council Member ] West Newport CA Council Membe'n West Newport CA and Council Member Henn's place $75,000 for the LCP this fiscal year. He walkway and $35,000 for the Eastbluff bicycle OCTA funding falls through, program the money 'ape concept. ouE-tlie importance of finding the funds for the Old Newport concept. 'Mayor Gardner indicated support for starting on d parking and landscape concept. reported that he lives in West Newport within 500 -feet of the used himself and left the dais. sported that he owns an office building within 500 -feet of the recused himself and left the dais. Council Member Henn reported that his potential conflict has to do with a consulting relationship that he has with the owner of a business in Via Lido Plaza. He requested that before the next CAP appropriations occurs, discussion take place relative to the exact nature of the conflicts and how they relate to the issue being discussed. He noted that he has no conflict relative to the West Newport landscaping project, but since that item has been bundled with other CAP issues for which he may have a conflict, he will recuse himself. He recused himself and left the dais. Deputy Public Works Director Webb addressed staff proposals regarding neighborhood revitalization. He presented background on the projects, including the Bristol Street South Volume 60 - Page 459 City of Newport Beach City Council Study Session May 22, 2012 median landscape improvement project. He reported that staff is planning to apply for a grant which would fund 75% through a matching opportunity. He addressed the Balboa Boulevard landscape project design, the West Coast Highway landscape project partial design, and the Corona del Mar entry improvement project design. He requested. Council direction on how to proceed. Mayor Gardner indicated that she would like to see completion of the striping and traffic tests for Corona del Mar, noting that depending on the results, consideration can then be given relative to whether to proceed with the final design. a Council Member Selich indicating that Balboa Boulevard is a top piiority of various CAPs. He asked about the plans for construction upon completion of all of ^the proposed design projects. He stated that he would like to see a CIP plan on how they would all fit together. Deputy Public Works Director Webb stated that staffi would look tfW ant opportunities first relative to the Bristol Street South project. Regarding Balboa Boulevard, since it is a high priority, staff would look for future grant opportunities and stated that it could be completed in two phases, over two years. Regarding West Coast Highway, he addressed issues with Caltrans to develop an agreement where Caltrans keep -ownership of the streets while Ythe City performs landscaping and holds tort liability. 4 .r \j It was noted that staff is not currently proposing the�West Coast Highway Concept Plan or the Corona del Mar entry improvements A this -time, unless directed by Council. City .Manager Kif£ indicated that staff would like-tRe. CIP finalized today; but noted that there is still opportunity to replace projects. tj Mayor Pro Tem Curry exp ��ressed support for performing the traffic tests in Corona del Mar. He felt that the West Coast Highway project culcl be left off the CIP for now, but if funds can be identified and Caltrans issues are resolved, the project could move to a more accelerated rate in the future. Public Wo ks Director We reported that the traffic tests and striping in Corona del Mar should cot between'$ 24 ;04Q ^rand_$25,000.�:Discussion ensued relative to possibly scheduling the project -f6r-thk month of August a`nd as Ong,the Corona del Mar Business Improvement District (BID) tc f nd it. City, Ma ager Kiff summa i'zed Council comments, noting that the Corona del Mar., p ject would be rimed up and changed to $25,000 with the expectation that the BID would City Manager Kiff affirmed;that the total CIP budget of $3.564 million. Bernie Svalstad, Chairman of the Corona del Mar BID, stated that the BID can pay about $20,000 It for striping ar4'raffic tests. He expressed the need to proceed with the parking area consultant, and requested that�Couhcil budget $25,000 to implement the project as soon as possible. He encouraged staff inv`olVe ent to help with California Coastal Commission issues. Sherry Pollack addressed the Corona del Mar project and expressed concerns regarding increased traffic. Jim Mosher commented on the possible need for approval from OCTA prior to conducting the striping and traffic tests. Patricia Riggs thanked the Mayor for pressing for the traffic test, noting that neighbors are concerned with increased traffic if a lane is lost. Laura Curran expressed interest in the traffic study and for maintaining the flow of traffic. To Volume 60 - Page 460 City of Newport Beach City Council Study Session May 22, 2012 address safety concerns, she suggested installing a pedestrian bridge. Dan Purcell encouraged Council to wait until the Civic Center opens to perform the striping and traffic tests in Corona del Mar. Following discussion of the CAP projects, Council Members Henn, Hill and Rosansky reentered the Council Chambers and took their places on the dais. Public comments was accepted on the non -CAP items: Dan Wampole thanked Council for budgeting money for the Jim Mosher noted that the largest single item on the sun harbors and beaches; stated that the City has a Parks, (PB &R); and stated that PB &R and the Planning Commis; budget issues. City Attorney Harp noted that the Planning CIP, so that obligation has been fulfilled. RegardingPB &R to consider and make recommendations relative to the bud-, City Council. � f � III. PUBLIC COMMENTS Jim Mosher commented on the completion of --the Newport`B negotiations (Item S21) and noted that they are sstill`listed under John Wayne Airport (JWA) settlement agreement and,h%letter Ontario International Airport. \, '2 , City Attorney Harp Session items. IV. ADJOURNMENT - 5:46 The agf Bulleth City Clerk Newport.Coast monument sign. rf maryQlist of CIP projects is for parks, Beaches ° -and Recreation Commission an are charged with reviewing related Commission previously considered the he indicated that they have the power t, but by practicd have deferred to the Firefighters Association (NBFA) d Session. He commented on the fitted by the City regarding the the appropriateness of listing the NBFA in the list under Closed was po 'ed'-dn May 17, 2012, at 4:40 p.m. on the City Hall R J ie City of Newport Beach Administration Building. Recording Secretary Mayor Volume 60 - Page 461 City Council Minutes Regular Meeting May 22, 2012 — 7:00 p.m. I. STUDY SESSION - 4:00 mm. II. CLOSED SESSION - 5:46 p.m. A. CONFERENCE WITH LEGAL COUNSEL § 54956.9(a)): 1. Paul Matheis u City of Newport Beach„ Orange County Superior Court Case No. 30; 2 B. CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Counsel Employee Organizations — ",11 Labor Lifeguards (ANBOL); Lifeguard Managem Association (NBFMA)-, 4Newporti; Beach Association (PMA); Police Employees' A: Newport Beach Professional & !'-Technic Employees League-•(NBEL); an`d'Newport] III. IV, V. ROLL CALL LITIGATION (Government Code 1- 00477924 Code §.54957.6): ti- Manager;, and Richard I{reisler, Special oris: Association of Newport Beach Ocean ation (LMA); Newport Beach Fire Management rs' Association (NBFA); Police Management (PEA); City Employees Association (NBCEA); gees Association (NBPTEA); Newport Beach ;Time Unit (UPEC, Local 777) Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle VI. CLOSED SESSION REPORT - City Attorney Harp reported that there were no reportable actions VII. PLEDGE OF ALLEGIANCE - Council Member Henn VIII. INVOCATION - Ms. Lynda Robison, Second Church of Christ Scientist IX. PRESENTATIONS Volume 60 - Page 462 City of Newport Beach City Council Minutes May 22, 2012 0 XI. OPIS Network's Helping 100 Businesses for 100 Days - Award Winner - Norm Bour, Community Development Director for OPIS Network, referenced a recent program for Helping 100 businesses for 100 days, thanked the City and Council for helping the business community, and recognized this year's award winner, Nora Eastman. Ms. Eastman reported on the success of the program and stated that it gave her business a chance to create value for their services. Proclamation to recognize Brian Moore, Deputy District Engineer with the Army Corps of Engineers, Los Angeles District, for his many years of service to4he Corps, and for his dedication and support of Newport Beach projects - Mayor Gardri i read the proclamation. City Manager Kiff reported that staff could not have succeeded with`Ae dredging project without Brian Moore's dedication and assistance in securing funding. He expressed appreciation to Mr. Moore on behalf of the City. It was noted that Mr. Moore was not.m attendance and that the proclamation will be mailed to him. `T_l NOTICE TO THE PUBLIC Council Member Hill announced that the mdmil Jof 1 that Hoag Hospital ha; announced their selection of provided her background and congratulated her on Choose Nursing, Choose Hoag Program anPenco involved with Hoag Hospital andhelp continue to,sul is designated as National Nurse Montle and Nurse 4 the Year, Ruth Ann Marquez. He alf -of the City.. He further highlighted the e alh'lewp rt Beach citizens to become its programs. Council Member Rosansky report`e'd that he attended an Orange County Transportation Authority (OCTA) Board of Directors,meetin,g in which the`19th Street Bridge was discussed. He indicated that, after speaking to the F3oard lalong with Deputy ,Public Works Director Webb and Assistant City Attorney Mulvihill.,the Board.agre`e -d to:yuspend their, action for six months to allow Newport Beach, Costa Mesa, and -H'' Atington Beach an opportunity to work out an agreement and to address the traffic situation that remo`vabo the',bridge will create. l f Mayord o,Tem Curry reported that he'garticipated in the Orange County Tourism Council meeting, walked tli` ough the Coastline 60 College building which is currently under construction, attended the Library Distinguished Speakers Series and discussed the program, participated in Relay for Life, welcomed, attendees at the Field of Honor, and represented the City during aiwanese- American Heritage\Week. i, g Council Member Daigle riepdrted that former Newport Beach Planning Commissioner, Barry Eaton, was recognized by the Orange County Chapter of the American Planning Association (APA) for his post- retirement community volunteer work. She listed his accomplishments and contributions throughout his career and addressed specific contributions that won Mr. Eaton his recognition. Council Member Selich announced that the Balboa Island Parade will be held on Sunday, June 3, from 11:00 a.m. to 2:00 p.m. Mayor Gardner announced the that a dedication ceremony for the opening of the Buck Gully Trail will be held on May 30; and the Corona del Mar 5K will be held on Saturday, June 2. She advised residents to be on the lookout in their mail for the Newport Navigator which lists the various summer Volume 60 - Page 463 City of Newport Beach City Council Minutes May 22, 2012 programs administered by the Recreation and Senior Services Department. XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS L MINUTES FOR THE MAY 8, 2012 STUDY SESSION AND REGULAR MEETING. [100 -2012] Waive reading of subject minutes, approve as written and order filed. JJ 2. READING. OF ORDINANCES AND RESOLUTIONS.Waive reading in full of all ordinances and resolutions under consideration, and d&..ect the City Clerk to read by title only. / c, B. ORDINANCE FOR ADOPTION 1713 3. SECOND READING OF AN ORDINARVCE REPEALING THE GdTY S VEHICLE ADDRESSED SOLICITATION LAW; NEWPORT BEACH MUNICIPAL CODE, SECTION 10.62. [100 -2012) Conduct se&Wdd reading and adopt Ordinance No. 2012- 12 regarding the repeal of the City's Vehicla'AACldressed Solicitation Law. 7. LIFEGUARD HEADQUARTERS REHABIfLITATIOh ARCHITECTURAL AND ENGINEERING DESIGN SERVICES /. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITW'RRM�DESIGN GROUP (C- 5130). [381100 -2012] Approve a Professional Services Agretiinent (PSA) RRM Design Group of San Clemente for Lifeguard' Headquarters Rehabilitation Architectural and Engineering Design Services at'a- not -to- exceed price of $266,090.00, and authorize the Mayor and the City Clerk to executeEthe Agreement 8. 19TH STRE'FT TIDE GATE RETROFIT - AWARD OF CONTRACT NO. X4773. [38/100 `2Al2J a), Approve the project drawings and specifications; b) award t`t Contract Ne. 4773�t0 Exc Paving Company for the total bid price of $182,501.00, and authorize the Mayor and City Clerk to execute the contract; and c) establish a contingency of $27:375.00 (approximately 15 percent) to cover the cost of unforeseen 9. JAMBOREE BROAD SIGNAL SYNCHRONIZATION COOPERATIVE AGREEMENT, (C- 5131). [381100 -20121 Approve Cooperative Agreement with the Cities of Irvine and Tustin, and the State of California for the engineering and construction of the Jamboree Road Traffic Signal Synchronization Project. E. MISCELLANEOUS 10. PLANNING COMMISSION AGENDA FOR MAY 17, 2012. [100 -2012] Receive and file. 11. CONFIRMATION OF VOTING DELEGATE FOR THE 2012 LEAGUE OF CALIFORNIA CITIES (LLC) ANNUAL CONFERENCE - SEPTEMBER 5-7,2012, Volume 60 - Page 464 City of Newport Beach City Council Minutes May 22, 2012 XIII. SAN DIEGO. 1100-20121 Confirm Mayor Pro Tern Keith Curry's designation as the City's Voting Delegate at the Annual League of California Cities Conference to be held from September 5 -7, 2012, in San Diego. 12. STREET TREE DESIGNATION - QUIET COVE. [100 - 20121 Municipal Operations staff recommends that the City Council consider the recommendation from the Parks, Beaches, and Recreation (PB &R) Commission, and approve a change in Street Tree Designation, for Quiet Cove from the Hong Kong Orchid (B iuhinia blakena) to the Australian Willow (Geijera parviflora). 13. REQUEST TO RETAIN PRIVATE IMPR OF -WAY AT 701 AND 7011/2 ORCHID A Policy L -6, Private Encroachments in the I planter wall and entry walkway with steps, the Fourth Avenue public right -of -way, prof Orchid Avenue enter into an Encroachment' private improvements within the Public�'Ri Encroachment Permit process are met(-, \I Consent Calendar, except for the items renig ed (4, 5, 6, 14 The motion carried by the following roll call Ayes: Council Member Hill, Council Member Rosan y,- Council Member Selich, Council Member Henn, Cour MENTS IN THE PUBLIC RIGHT- JE,f, ['100- -20121 Waive City Council Rights- of.'Way, to allow the existing which encroach in excess of 1 -foot into the property `owner of 701 and 701'' /s ment with the Crty,.to maintain these f -Way and that ah"0nditions of the to approve the Curry, Mayor Gardner, 4. HEALTHY EATING`ACTIVE LIVING (HEAL) CAMPAIGN. [100 -2012] staff, noting. tla't` this. campaign is good for the City's employees ivaucion ov mayor uarnner, seconded by Mayor Pro Tern Curry to adopt Resolution No. 20T'2'33 - A Resolution o %the City(ouncil of the City of Newport Beach to become a Healthy Eati g� ctive Living (HEAL) City. The mot i`rNc rried by the following roll call vote: Ayes: Council M mber"� Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle V 5. AMENDMENT OF THE AGREEMENT FOR PARKING METER SERVICES BETWEEN THE CITY OF NEWPORT BEACH AND CENTRAL PARKING SYSTEM, INC. (CPS), DATED MARCH 31, 2011 (ORIGINAL AGREEMENT) (C- 4767). [381100 -20121 Finance Director McCraner provided the staff report report, stating that Central Parking System, Inc. (CPS) asked that staff look at the actual ending revenue for 2011 and consider rearranging the payment structure. She reviewed the proposed changes to the contract and recommended Council approval. Volume 60 - Page 465 City of Newport Beach City Council Minutes May 22, 2012 Discussion ensued relative to the payment of the infrastructure and leases. Council Member Rosansky addressed transfer of risks, noted ambivalence on the issue, and stated his expectations that CPS will continue to do a good job. Motion by Council Member Rosanskv seconded by Mayor Pro Tern Curry to approve an amendment to the Agreement which would 1) pay CPS $700,000 annually for its services, 2) authorize the Finance Director to pay approximately $618,000 to cash fund the capital costs of the parking meter equipment and infrastructure, saving the City approximately $240,000 in finance charges over the terms of the equipment leases, and 3) authorize the City Manager to appropriate $618,000 from the FY 2011 -12 General Fund operationdvsavings (010 -3605) to be expended for the purchase of all parking meter equipment and jriiraatructure, and authorize the Mayor and City Clerk to sign the Agreement. r Jim Mosher expressed concerns with the proposed City Manager Kiff commented on the benefits of this service to CPS. The motion carried by the following roll call v- Ayes: Council Member Hill, Council Membe .Gardner, Council Member Selich, Council 6. AMENDMENT TO THE PR BONTERRA CONSULTING FOR IMPACT REPORT (EIR) FOR PROJECT GENERALLY LOCAT COAST HIGHWAY AND4WESTEI 20121 Following Jim Mc her interest, Council MV r recused himself ands: Mr,Mosher expr se sed,c have been rendered and Cou`iieil Member Daigle to respond to and sug€ pointed out that the requested c nfirmation felt that they`nebd to bE proposed billing egard to customers by contracting out ky, Mayor Pro Tem Curry, Mayor Henn, Council Member Daigle ,'RVICES AGREEMENT WITH IOIR OF THE ENVIRONMENTAL NEWPORT BANNING RANCH HE 4900 -5200 BLOCK OF WEST "19TH STREET (C- 4168). [38100- concern that Council Member Hill may have a conflict of reported that he owns stock in an oil company. He I providing extra compensation to a contractor after services the opinion that BonTerra has done a poor job. tea mat there were 168 comment-letters that the consultant needed ;ed that they itemize their proposal differently in the future. She ort indicates that BonTerra attended some public meetings but he noted that a monitoring /reporting program was conducted, and mpensated for their work. Further, she pointed out that part of the attending public meetings relates to future meetings. Steve Ray, Executive Director of the Banning Ranch Conservancy, believed that if a good job had been done on the Environmental Impact Report (EIR), there would not be 168 public comment letters. He questioned why mitigation monitoring and other processes were not accounted for in the beginning. Motion by Mayor Pro Tern Curry, seconded by Council Member Henn to approve the amendment to the Professional Services Agreement and authorize the Mayor and City Clerk to execute the Agreement. Volume 60 - Page 466 City of Newport Beach City Council Minutes May 22, 2012 The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 14. FY 12 -13 SPECIAL EVENT SUPPORT RECOMMENDATIONS. [100 -20121 Public Information Manager Finnigan highlighted the multi -step process in formulating the Special Events .Advisory Committee (SEAL) recommendations. She reported that the City recommends supporting the listed community events for a total of $7;80.560_ Discussion ensued regarding the evaluation process and amount asked for by the various events. Council Member Rosansky expressed concern that the "rewas no information relative to what organizations have received in the past. He believed that some of the events are worthy of support by the City but expressed concern with them hodology used in allocating funds. Mayor Gardner questioned whether the recd of the budget, expressed concern with incc participating in this process. Council Memb( Newport Beach, Inc. (VNB). City Manager I going forward; however, the City cannot give Mayor Pro Teal Curry expressed c agreed that some of the events are . .uaulurxsnoiva come back'af'ter consideration ist«encief and wondered if th ♦City should be Daigle'questioned whether thisig a role For Visit £'stated that this could be something to consider recti n to VNB. the processNand funding allocation, although he ty support. `__\ Council Member Hill believed that there�is not enough.atudy of the request versus the need or appropriateness. .,..ti _\ •r"" .•`�.} Council Member Henn] expressed the opiniom hat the evaluation and ranking was well thought out, but the allgca1 of funds seems arbitrary. He referenced the Newport Beach Film Festival and emphasized the need for a mechanism to fund and support arts and culture in the City. Mayor Gardner felt that thEevents be mg `supported should be local events, noting that the Race for the Cure is not a localorganization and is supported nationally. Assistant City Manager ?Smith repotted that each SEAC member scored the applicants based on specific criteria and die scores were then averaged to develop a ranking. She stated that the Committee did a great job, but staff believes the process is flawed. Public Information Manager Finnigan read the criteria that was considered by the Committee. Discussion ensu4rela4ve to the development of percentages and the total budget allocated. Greg Schwenk, CEO and Executive Director of the Newport Beach Film Festival, requested Full funding for next year,'presented highlights of the recent event including number of participants, number of hotel rooms booked, number of restaurants participating, marketing, outreach and volunteers. In response to Council Member Henn's question, Mr. Schwenk noted that he will present a formal report to Council regarding the economic impact of the event at a later date. Bernie Svalstad, Vice President of the Corona del Mar Chamber of Commerce, addressed the economic impact of the Christmas Walk for businesses in Corona del Mar. He reported that the event pays the City $2,500 in fees, referenced the amount approved through this process, Volume 60 - Page 467 City of Newport Beach City Council Minutes May 22, 2012 and asked that Council consider increasing the City's support to $6,000. He stated that the CdM Chamber helps the City year -round and discussed the money raised through the Corona del Mar 5K for the Recreation Department. Jim Walker, Restaurant Association and owner of the Bungalow Restaurant, believed that there is a conflict between charitable organizations and non - charitable organizations, and expressed the opinion that they should be two separate groups. He spoke in support of Restaurant Week. Diane Duarte, President and Race Director for the Newport -Mesa: Spirit Run, described the organization and discussed their value to local schools. She addressed the application process and criteria used, volunteers, and years of revenue for the City. She encouraged the City's continued participation. Lisa Walter, Executive Director of Susan G. Komen $ ce for the wCure in Orange County, emphasized that although the event is nationally known, the Orange County Chapter is a local organization providing local benefits. She ciimmended SEAC and; ,Council for their consideration and asked Council to consider increasing its support to 70% of'tlie, request. Jim Mosher expressed concern regarding the,;fl'g ed process and questioned the support allocated for the Newport Beach Film Festival. Chandler Bell, Chairman of the Newport Beach Chamber of Commerce, noted that the Newport Beach Chamber of Comme rce`supports two of`tbe, events and promotes economic opportunity of the City. He urged appravaI of staffs recommeridstions. Mayor Gardner proposed. giving no event more than they received last year, noting that this would free up almost,$26,640. _. Council Member Rosansky,} expressed s pport for allocating $14,000 to the Spirit Run, indicating that he could not {justify doubling their funding while the other events are reduced. He commented that he wocdd hke -to. see the Newport Beach Film Festival taken off the list in the futured'possiblylplaced in "the udget -ias a line item. He indicated support for the proposed allotment,to,the Newport Beach Film Festival and the Boat Parade. A :straw vote of Council,,resulted ' in the majority supporting $125,000 for the Newport Beach Filet/ Festival, as well as\i35,000 lo }the Boat Parade. Coundi ember Dai le stated sup g pport for staff recommendations as presented. Following discussion, it-';was the consensus of Council to allocate $10,000 to the Newport to Ensenada Race, (Council Member Henn agreed to subsidize $1,000 out of his District discretionary fundj,,lrr' It was the consensus of Council to confirm the event funding allocations, as follows: Christmas Boat Parade: $35,000 Newport Beach Film Festival: $125,000 Susan G. Komen: $10,000 Newport -Mesa Spirit Run: $14,000 Balboa Island Parade: $12,000 Christmas Walk: $6,000 Taste of Newport: $5,000 Volume 60 - Page 468 City of Newport Beach City Council Minutes May 22, 2012 Heritage Run: $300 from District 2 funds and $300 from District 3 funds Restaurant Week: $6,000 Newport to Ensenada Race: $10,000, and $1,000 from District 1 funds Mayor Pro Tem Curry noted that some consider this an entitlement and stressed the need for change going forward. He stated that a variety of projects have been funded that both enhance the community and create public value. He emphasized that Newport Beach would not be the same City without some of these events. Council Member Henn commented on the need for local, charitable events and the need to support the spirit of volunteerism within the City. He felt tbat:'supporting other types of events (i.e. cultural, signature, and business - related events) need further consideration during a future study session. Council Member Daigle indicated support for staff recommendations and expressed the opinion that it would be beneficial to involve VNB in the futuie. r` Council Member Selich noted that the Christma's Boats'Parade, Newport B ach Film Festival, and the Newport to Ensenada Race are signature events for the City and should be supported. Council Member Hill suggested that they be considered as line items within t' he budget, and agreed with the integration with VNB. ' .v'a Aaunu n ivia or rro Tem Curr to approve the Special Event Support funding le`v,'els, as.,Ilisted abo've,\and authorize staff to execute agreements wita each event organizer \ The motion carried by the following roll call vote: ,; %'` her' Council Member' Hill, Council Member Rosansky, Mayor Pro Tem Curry, Council Member Selich, Council Member Henn Noes: Mayor Gardyer, Council Member Daigle 15. ASSIGNMENT OF Bt1LBOA -'BAY CLUB GROUND LEASE (C-519).[381100-20121 Couri'cil Member Hill rec sed himself and left the dais since he lives within 500 -feet of Balboa Bay Club \ �, Jim - Mosher asked if anyof the otfier Council Members have conflicts. He referenced problems addr ss d by the City Auditor relative to the number of public boat slips available and the use of the accounting year. He questioned how action can be taken if the current tenant is not in compliance'w ith the lease terms and whether the new tenant will be required to comply. l David Wooten, CEO cif the Balboa Bay Club, noted that he does not know the number of slips required by the lease, but addressed the amount of revenue received by the City from boat slips. City Manager Kiff noted that boats are getting bigger and indicated that the lease should accommodate the appropriate number of boat slips. Motion by Mayor Pro Tem Curry, seconded by Council Member Rosansky to a) approve the proposed assignment of the Balboa Bay Club ground lease from Balboa Bay Club, Inc., to Todd M. Pickup and Devon R. Martin as trustees of the Vintage Trust II, dated July 19, 2007 and find that Balboa Bay Club, Inc., is not currently in default under the Ground Leas and b) authorize the Mayor and the City Clerk to sign the Estoppel Certificate and Consent e, e; Ground Lease Assignment on behalf of the City. to Volume 60 - Page 469 City of Newport Beach City Council Minutes May 22, 2012 The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tom Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle XIV. PUBLIC COMMENTS XV Bettina Deininger commented on the existing City Hall property and the decline of Lido Village. She believed that having rental units on the current site is not the best use for the land and that the property is not being marketed properly. She believed that a boutique hotel may be more viable and asked Council to abandon the idea of rental units and a parking garage; G'" �J Denys Oberman expressed opposition to the plan to build rental, A;''Es. and a parking garage, noting 1-1 that this is not what the community desires. She believed that an upscal'e;,boutique hotel is the best use for the site and would help in the successful revitalization? of the area.`^She addressed benefits to the City and asked that Council commit to the suggested u e and seek developers accordingly. Leland Iverson agreed with the previous speakers irotin g that the proposed use would serve as a catalyst for redevelopment in the area. r Linda Klein Formuzis expressed support of having an upser \, r' and Ale hotel on the existing City Hall property idea not apartments with a parking garage.,, She beheved`that there is community support for the Jim Mosher noted that several Council MembersI", attenied a St pti'Polluting Our Newport (SPON) meeting, stated that :someone complained to lim aboutpxohlem they had relative to a request to view Sunset Ridge Park plans,,and referenced the P.al lic liecord6 Act PRA). Cit Attorney Harp requested that .Mr. ?%losheiyprov de additiona�,det is on the matter to ensure that the subject employee is properly trained on the PRA. J s C1; ORAL REPORTS FROM`CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member llaglc^ reported that she attended the Tourism Conference and there was a presentation relative to how,to properly refer to John Wayne Airport (JWA). She requested that the issue of naming JWA be addressed at,an upcoming Aviation Committee meeting. Council Member Henn report4that the`�:Balboa Village Citizens Advisory Panel (CAP) met on May 15 at the Explox0cean Nautical' Museum and considered a draft implementation report. He added that discussion also includediran evaluation of the brand and vision for Balboa Village, and recommendations` on economic'.` development and parking governance. He also reported that the Tidelands Management. Committee met on May 16 at the OASIS Senior Center and considered Linda Isle Lagoon dredging and,therTidelands Infrastructure Management Plan. Council Member Rosansky reported that the first meeting of the Charter Update Committee will be held on May 24 at 4:00 p.m. in the Council Chambers and encouraged those interested to attend. Mayor Gardner reported the the Coastal /Bay Water Quality Committee received a presentation on dolphins and encouraged residents who observe them to report their sightings to dolphinproject@hotmail.com. Without objection, it was the consensus of the City Council to consider Item S21 (Labor Negotiations) out of order. Volume 60 - Page 470 City of Newport Beach City Council Minutes May 22, 2012 XVII. CURRENT BUSINESS 521. LABOR AGREEMENT: NEWPORT BEACH FIREFIGHTERS ASSOCIATION (C- 2060). [381100 -20121 City Manager Kiff discussed the term of the Memorandum of Understanding (MOU) between the City and the Newport Beach Firefighters Association (NBFA), additional pension contributions, new tier for miscellaneous and safety members, two cost -of- living adjustments, medical insurance contributions, and training reimbursements. He, expressed appreciation to Council and the NBFA for their cooperation. !' Mayor Pro Tem Curry thanked staff and the NBFA for making significant contributions to their pensions. He congratulated City staff and the Council>for their partnership and sacrifices to help the City preserve its financial sustainability. , Council Member Daigle noted that labor negotiati NBFA. on� are never easytiAnd commended the r r Council Member Hill expressed appreciation to tho Ce` involved. `tit Jim Mosher referenced the hybrid formula and indicated that consideration of the resolution was not indicated on the agenda. Giby�Manager Kiff reported that the hybrid plan is defined outside of the CalPERS plan, noting that- it;would be a supplement that the City would embark upon from a private provider. City AttornepHarp. noted that`,the description on the agenda is broad enough to cover the related MOLT and resolution and''that there is no issue with the. Brown Act.. \ -' `v., Motion by Mayor-. .�ro Tem Curry seconded by Council Member Rosanskv to adopt Resolution No. 2018 -36 to modify the paying and reporting of the value of the employer paid member contribut on to the California Public Employees Retirement System (CalPERS) for employees represented ,by the -1 ewport Beach'rFirefighters Association (NBFA). The motion carrie&by h 4ollowing roll call got : Ayes: Council Member%`Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor ,, Gardner, Council li. ember Selich, Council Member Henn, Council Member Daigle �``y Moti d,by Council Member Rosanskv seconded by Mayor Pro Tem Curry to authorize Mayor Gardner to execute a Memorandum of Understanding (MOU) with the Newport Beach Firefighters'. Association _(NBFA). The motion carried by the following roll call vote: +. 'r Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle XVI. PUBLIC HEARING 16. ANNUAL REVIEW OF NEWPORT HARBOR LUTHERAN CHURCH DEVELOPMENT AGREEMENT (PA2009 -137) LOCATED AT 798 DOVER DRIVE (C- 3152). [381100 -20121 Assistant Planner Fern Nueno provided a PowerPoint presentation to highlight the project location, initial approval of the agreement, church facilities, and approval of a limited permit Volume 60 - Page 471 City of Newport Beach City Council Minutes May 22, 2012 for temporary classroom facilities and a telecomm permit. Mayor Gardner opened the public hearing. Jim Mosher expressed concern that the location did not have enough site notices posted. Hearing no further testimony, she closed the public hearing. that the applicant has demonstrated good faith compliance with Agreement; and b) receive and file the Annual Report of the Newport Harbor Lutheran Church. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Gardner, Council Member Selich, Council ] XVII. CURRENT BUSINESS (Continued) 17. IRVINE AVENUE MEDIAN LANDSCAPE NO. 5035. [381100 -20121 ky, Mayor Henn, Coui . osansky to a) find of the Development .ent Agreement for Tem Curry, Mayor ,mber Daigle AWARD OF CONTRACT Deputy Public Works Director Webb`p`eovided_a staff report and reported that the conceptual reforestation plan was considered by a joint commission from, Costa Mesa and Newport Beach. He indicated that they selected African Tulip trees and�palm jtrees, but Council needed to finalize the selection of the palm trees. He addressed various options depending on the type of palm tree selected, ,tlie- a lumber of b ddersvparticipating, the bid selected, and staff recommendations. i ?'y Following discussion\regar!ing the cost for the various palm trees and the amount of debris various palm trees create, it wassthe_consensus of Council to select the Date palm tree. maintenance costs replacement of the Councif Member Rc legal review\'of the agenda to all whin Dan Purcell state( consideration shoul the City of- -Costa Mesa contributing to the cost for tree tions Director Harmon reported that the agreement shares iedian but requires Newport Beach to be responsible for expressed concern regarding making a decision on this item prior to nt. City Attorney Harp suggested moving the item to the end of the 3ortunity to review the agreement. at he looks forward to the urban reforestation plan and believed given to insects and birds associated with flowering trees. Following City Attorney Harp's return to the meeting after Item 20 was discussed, he reported that he reviewed the agreement with the City of Costa Mesa and noted that it indicates that Costa Mesa is not liable for costs associated with the replacement of trees. He further addressed the termination provision in the agreement. Council Member Rosansky emphasized the need to renegotiate the agreement. Motion by Council Member Rosansky, seconded by Council Member Henn to a) select the Date Palm Tree species to be installed under the contract; b) approve the project drawings and specifications; c) award Contract No. 5035 to KASA Construction, Inc. (KASA) for the total Volume 60 - Page 472 City of Newport Beach City Council Minutes May 22, 2012 bid price of $308,075,00, and authorize the Mayor and City Clerk to execute the contract; and d) establish a contingency of $32,622.23 (approximately 10 percent) to cover the cost of unforeseen work and pay for additional crack repair; and e) approve Budget Amendment No. 12BA -038 appropriating $360,000.00 to Account No. 7013- C2002050 (Irvine Avenue Medians) from General Fund operational savings, Account No. 010 -3605. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle 18. APPOINTMENTS TO THE CHARTER UPDATE COMMITTEE. [33110012012] Jim Mosher believed that appointments should not be, made -,`this time and that the seats should be considered as unscheduled vacancies, and 'expressed concern with the meetings starting at 4:00 p.m. %r . \0— g Council Member Hill noted that he has attending important meetings. He express Council Member Henn believed that the indivi speed with the City's Charter and expressed his Resolutions No. 2012 -34, replacing Exhibit 2 appointments of Council Member Stevelhose Nancy Gardner as the alternate non -votin Council Policy _A -2 that pray ents appointee Board, Commi;:sion =o`r Committee and, if applications to serve on the Charter Update'; Policy A -2 that provides that two or more conduct the appointments hS'`�anav halt r The all"liie life and has never \had a problem .-eement with Mr. Mosher I- .asaumotions. appointed will be able to get up to in the process. ueu ov mayor rro Tem Curry to a) adopt solution No�2012 -32; b) confirm the Mayor's as-th_ e,non- voting Council liaison and Mayor Heil liaison {, e) waive the condition in City n serving on more than one standing City City Council does not receive at least 14 rittee, waive the requirement of City Council idates be considered for each seat; and d) by the City Clerk. Aye`s`: Council Member \Hill, `council Member Rosansky, Mayor Pro Tem Curry, Mayor Gy Gardner, CouncdM" ember Selich, Council Member Henn, Council Member Daigle The City , Council utilized) paper ballots to vote for the seven members on the Charter Update City Clerk Brow -h; read the ballot votes as follows: David Bahnsen: Hill; %Rosansky, Henn, Daigle, Curry, and Mayor Gardner Paul Glowienke: Hill, Rosansky, Selich, Henn, Curry, and Mayor Gardner Jeff Herdman: Hill, Rosansky, Selich, Daigle, and Curry Suzanne Savarv: Hill, Rosansky, Selich, Henn, Daigle, Curry, and Mayor Gardner Joseuh Stapleton: Hill, Rosansky, Selich, Henn, Daigle, Curry, and Mayor Gardner Tim Stoaks: Hill, Selich, Henn, Daigle, and Mayor Gardner Dan Wampole: Rosansky, Selich, Henn, Daigle, Curry, and Mayor Gardner Paul Watkins: Hill, Rosansky, Selich, Henn, Daigle, Curry, and Mayor Gardner City Clerk Brown announced that David Bahnsen, Paul Glowienke, Suzanne Savary, Joseph Stapleton, Dan Wampole, and Paul Watkins received either six or seven votes and, Volume 60 - Page 473 City of Newport Beach City Council Minutes May 22, 2012 therefore, are appointed to the Charter Update Committee. City Clerk Brown announced that the second vote will be between Jeff Herdman and Tim Steaks, and read the ballot votes as follows: Jeff Hardman: Rosansky, Selich, Henn, Daigle, and Curry Tim Steaks: Hill and Mayor Gardner City Clerk Brown announced that Jeff Herdman is appointed Committee. J Mayor Gardner indicated that she would like to appoint the Charter Update Committee. Paul Watkins as the Chairperson to the Charter The motion carried by the following roll call Ayes: Council Member Hill, Council Membe Gardner,. Council Member Selich, Council 19. QUARTERLY Committee. the Charter Update as the Chairperson to to appoint ky, Mayor Pro .Tem\Curry, Mayor Henn, Council Member Daiale MARCH 2012. [10012012] City Manager I; if reported that the Q'u'arterly-Business Report.,(QBR) is available on the City's website. Council Member Henn` - encouraged all homeowners associations and interested parties to review the report and'inform their membe yl�of the content of the QBR. Steve Ray, Executive D rector of the Banning Ranch Conservancy, stated that the QBR references a develop ire nt on: Banning Ranch,when it should mention the area as permanent open space uld ,park. life fsug ested utilizing2the Environmental Quality Affairs Committee (EQAC) +to consider aving Banning Ranch as open space. 20. S_ ECOND MEF,TING OF THE`FY 2012 -13 PROPOSED BUDGET. [100120121 City `Manager Kiff utilized a PowerPoint presentation and addressed City accomplishments from 200 ,to date and core budget principles. Finance Director McCraner addressed department key changes and overall budgets, personnel changes, and program changes. Discussion ensued relative to the backlog in the reforestation project and timelinefor catching up, the status of transitioning surveying services to the private sector, and `identification of funds for training within the Fire Department. Regarding the Real Property Administrator position, Community Development Director Brandt noted that the City's Building Official has a strong real estate background and that the position would be a good fit in the Community Development Department since there is currently a manager to oversee the position. The position would work closely with Finance and Public Works and will transcend many departments. City Manager Kiff presented an updated Capital Improvement Program (CIP) recommendation checklist which was updated after the afternoon Study Session. Volume 60 - Page 474 City of Newport Beach City Council Minutes May 22, 2012 Mayor Pro Tern Curry congratulated staff for its work on the budget, noting the City's level of reserves, surplus, revenues, and staffing levels. In response to Council questions, Finance Director McCraner addressed the GASB changes regarding unfunded pension liabilities and the requirement for additional disclosures. City. Manager Kiff reported that ABLE money will be included in revenue estimates for next year. Further, he commented on the pros and cons of a two -year budget cycle. Jim Mosher addressed the requirements in the City Charter regarding submission of the budget and questioned whether the PowerPoint presentation wasile official budget document being submitted by the City Manager for review. He commented on the importance of providing budget details regarding the definition of NOC and= orn;art;nnc City Manager Kiff reported that NOC means "Not budget documents have been uploaded to the City'; and the City Clerk's Office. He added that the iN the first meeting in June. Mayor Gardner requested that discussion mid -year budget review. Will. XIX. ADJOURNMENT - Adjourned at 10:18 Fuentes The agenda for the Regular Hall Bulletin Board4locate Building. The supplemental at 11:50 p.m. on the City Hall City Clerk e Classified" and noted that all the and were available at the Libraries presented to�Council for adoption of reserves be brought back during the of Marina Marrelli and Thomas was p'bsted on May 17, 2012, at 4:40 p.m. on the City le of the City of Newport Beach Administration for the Regular Meeting was posted on May 18, 2012, i Board lb\cated outside of the City of Newport Beach _„ v Recording Secretary Mayor Volume 60 - Page 475