The URL can be used to link to this page

Home My WebLink About12/13/2005 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 13, 2005 — 7:00 p.m. STUDY.SESSION - 5:00 p.m. CLOSED SESSION - 5:40 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Webb, Mayor Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Nichols E. INVOCATION - Reverend Karl Stuckenberg, Newport Center United Methodist Church F. PRESENTATIONS Grand Jury Presentation - continued to January 10, 2006. Operation Christmas for Our Troops - Brad White, Legislative Representative for the National Guard Association of California, and California National Guard Captain Noland Flores discussed Operation Christmas and thanked the City for its assistance. City Clerk Harkless discussed the the event Thursday morning in which people can drop off toys and /or DVDs in front of City Hall. Mr. White indicated that people can also write checks, payable to "Yellow Ribbon America ". Mayor Heffernan indicated that he will be giving a $500 check to this cause. Presentation of Check from the Newport Beach Library Foundation - Newport Beach Library Foundation President Tom Edwards presented a check for $81,900 to Mayor Heffernan, Library Board of Trustees Member Karen Clark, and Library Services Director Katsouleas which brings their total donations to a little less than $400,000 this year. Proclamation for Newport Harbor High School Football Team - CIF Southern Section Division VI Championship - Mayor Heffernan read the proclamation which proclaims December 14 as "Newport Harbor High CIF Champions Day" and presented it to Coach Jeff Brinkley and the team. Taste of Newport Grant Program - Richard Luehrs, President of the Newport Beach Chamber of Commerce, discussed the history of the Taste of Newport and presented the event's proceed checks to the Girl Scout Council of Orange County, Leadership Tomorrow, the Newport -Mesa Schools Foundation, the Newport Harbor Nautical Museum, the Newport Volume 57 - Page 491 City of Newport Beach City Council Minutes December 13, 2005 Beach Public Library Literacy Program, Human Options, the Newport Bay Naturalist and Friends, and the Youth Employment Service. Presentation of Check from the Corona del Mar Centennial Foundation - Bernie Svalsted, Chairman of the Corona del Mar Centennial Foundation, and Peggy Fort reported that the Board unanimously voted to donate $5,000 to the Newport Beach Centennial. G. REORGANIZATION 1. ELECTION OF MAYOR. City Clerk Harkless, in presiding, placed all members of the Council on an equal basis to nominate and elect the Mayor. Council Member Rosansky nominated Council Member Webb for Mayor. M_otion,by Council. Member. Ridgeway to close nominations and vote for Mayor by acclamation. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Council Member Webb, Council Member Heffernan, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Following a unanimous vote by Council, City Clerk Harkless announced that Don Webb is the new Mayor. Mayor Webb took his proper place at the dais. 2. ELECTION OF MAYOR PRO TEM. Mayor Webb, in presiding, placed all members of Council on an equal basis to nominate and elect the Mayor Pro Tem. Council Member Daigle nominated Council Member Rosansky for Mayor Pro Tem. Motion—by ... Council - .Member Ridgeway to close nominations and vote for Mayor Pro Tem by acclamation. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Council Member Heffernan, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Following a unanimous vote by Council, City Clerk Harkless announced that Steve Rosansky is the new Mayor Pro Tem. Mayor Pro Tem Rosansky took his proper place at the dais. 3. SEATING ARRANGEMENTS FOR CITY COUNCIL. The Council Members decided on the seating arrangement of the Council dais, with the senior Council Members having first preference. The following seating order was determined (left to right): Volume 57 - Page 492 City of Newport Beach City Council Minutes December 13, 2005 Heffernan - Selich - Rosansky - Webb - Ridgeway - Daigle - Nichols. 4. REMARKS. Council Member Heffernan believed that the Mayor's office needs its own staff. He expressed the opinion that the Mayor's seat should be an elected position with a two year term. He stated that he enjoyed being Mayor and would like to serve again. Mayor Webb thanked Council Member Heffernan for his service as Mayor and presented him with a gavel plaque. Mayor Webb indicated that he is honored to be Mayor of this City and recognized his family. He noted that next year will be a busy year for the City and hoped for more unity within the community. He commended staff and thanked Council for putting their faith in him. H. NOTICE TO THE PUBLIC I. 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 Heffernan requested a report relative to party boats in the Harbor. City Attorney Clauson indicated that revised regulations of all businesses in the Harbor and what was reviewed by the Harbor Commission will probably come before Council in January. Council Member Daigle reported that the parking lot at Corona del Mar High School will be modified over the holidays. Council Member Daigle reported that she attended a meeting relative to trails in Santa Ana Heights and indicated that, with staffs help, the County has improved the trails. Mayor Webb announced that the 18th Citizens Police Academy just graduated and that they are taking applications for the next session. Mayor Webb announced that there are 261 days until the City's 100th birthday. Mayor Pro Tom Rosansky announced that the Float Committee is still looking for volunteers to decorate the City's Rose Parade float on December 26 and December 27. J. CONSENT CALENDAR READING OF MINUTESIORD_INANCES AND RESOLUTIONS 5. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF NOVEMBER 22, 2005 AND ADJOURNED REGULAR MEETING OF NOVEMBER 29, 2005. Waive reading of subject minutes, approve as written and order filed. 6. 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. Volume 57 - Page 493 City of Newport Beach City Council Minutes December 13, 2005 ORDINANCE FOR INTRODUCTION 7. AMENDING NEWPORT BEACH MUNICIPAL CODE 10.50.020, OFFENSES AND NUISANCES TO ADDRESS PROPERTY MAINTENANCE STANDARDS. [100 -2005] Introduce Ordinance No. 2005 -22 and pass to second reading on January 10, 2006. ORDINANCES FOR ADOPTION 8. ORDINANCE EXTENDING NON - EXCLUSIVE SOLID WASTE FRANCHISES WITH FRANCHISED SOLID WASTE ENTERPRISES AND APPROVAL OF ASSIGNMENT TO USA WASTE OF CALIFORNIA. [421100 -2005] Adopt Ordinance No. 2005 -20. 9. MODIFICATION OF NBMC SECTION 14.24.020 - DWELLING UNIT AND BUSINESS STRUCTURE SEWER CONNECTION. [100 -2005] Adopt Ordinance No. 2005 -21. RESOL UTIONS FOR AAQPTKQN 10. RESOLUTION RELATING TO EXECUTING A PROPOSITION 40 PHASE II GRANT AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD (C- 3818). [381100 -2005] Adopt Resolution No. 2005 -59 authorizing the City to execute an agreement (C- 3818) with the State Water Resources Control Board under the Proposition 40 Phase II - Watershed, Clean Beaches and Water Quality Act. CONTRACTS AND AGREEMENTS 11. CONTRACTS AND RELATED DOCUMENTS INITIATING VENDOR SUPPORT OF RETIREE MEDICAL PROGRAM (C- 3819). [381100- 2005] 1) Approve the Group Funding Agreement (Contract) (and related Plan Sponsor Submission Information) with ING Life Insurance and Annuity Company, the Investment Manager; 2) approve the Trust Agreement with ING National Trust, the Trustee; 3) approve the Administrative Services Agreement (Contract) with Administrative Resources Corporation (ARC), the Plan Supervisor; 4) approve the Basic Plan Document and related Adoption Agreement; 5) authorize the City Manager to sign the above documentation on the City's behalf; 6) appoint the Administrative Services Director (Chair), Human Resources Director (Vice Chair), Assistant City Manager, and Deputy Administrative Services Director as members of the City's Retiree Medical and Deferred Compensation Committee; and 7) authorize a budget amendment (06BA- 032) appropriating $75,000 from unappropriated General Fund Balance to Account Numbers 0510 -8080 ($15,000) and 6310 -8075 ($60,000). 12. 2005 -2006 SIDEWALK, CURB AND GUTTER REPLACEMENT PROGRAM - AWARD OF CONTRACT (C- 3789). [381100 -2005] 1) Approve the plans and specifications; 2) award the contract (C -3789) to C.S. Legacy Construction, Inc. for the total bid price of $590,443 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $59,044 to cover the cost of unforeseen work; and 4) approve a budget amendment (06BA -030) appropriating $57,000 from the General Volume 57 - Page 494 City of Newport Beach City Council Minutes December 13, 2005 Fund Operating Budget Account No. 3130 -8036 (Maintenance East Coast Highway) to Account No. 7013- C3140850, and appropriating $62,000 from the General Fund Operating Budget Account No. 3130 -8239 (Concrete Maintenance) to Account No. 7013- C5100020. 13. DIGITAL ORTHOPHOTOGRAPHY AND TWO -FOOT CONTOUR SERVICES - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH MERRICK & COMPANY (C- 3396). [381100 -2005] Approve a Professional Services Agreement with Merrick & Company for services to produce digital orthophotography and two -foot contours at a proposed cost of $148,566. 14. IRVINE TERRACE WATER VALVE, OCEAN VISTA AND ORANGE STREET WATER MAIN REPLACEMENTS - AWARD OF CONTRACT (C- 3643). [381100 -2005] 1) Approve the plans and specifications; 2) award the contract (C -3643) to John T. Malloy for the total bid price of $671,300 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $100,000 to cover the cost of unforeseen work. 15. MEMORANDUM OF UNDERSTANDING (MOU) WITH MARINE SAFETY OFFICERS ASSOCIATION (C- 2058). [381100 -2005] Approve the MOU with the Marine Safety Officers Association (MSOU) for the eighteen month period of January 2005 through June 2006. 16. SUPPLEMENTAL MEMORANDA OF UNDERSTANDING WITH NON - SAFETY EMPLOYEE ASSOCIATIONS TO IMPLEMENT RETIREE MEDICAL PROGRAM AND ESTABLISH BI- LINGUAL PAY. [381100 -2005] Approve Supplemental Memoranda of Understanding (SMOUSs) with the following employee associations: City Employees Association (C- 2059), Employees League (C -2065) and Professional and Technical Employees Association (C- 2051); and add Section 2.A - Salary to read, "Effective the pay period beginning December 24, 2005 (concurrent with the implementation of the revised retiree medical benefit), salaries shall be increased by 1 %." MISCELLANEOUS ACTIONS 18. APPROVE PURCHASE OF MOBILE DATA COMPUTERS FOR POLICE PATROL VEHICLES. [100 -20051 1) Approve purchase of 35 replacement mobile data computers for use in marked police vehicles used by sworn police personnel from Dell Computer Corporation for $223,620.03 from existing budget appropriations; 2) approve purchase of 31 replacement mobile data computer mounts and related electronic equipment consoles for use in marked police vehicles used by sworn police personnel from Dell Computer Corporation for $32,163 from existing budget appropriations; and 3) approve purchase of retrofit services to remove /install computer mounting equipment and consoles from Computer Deductions Incorporated (CDI) for $15,000 from existing budget appropriations. 20. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY2005/06. [100 -20051 Approve a budget amendment (06BA -029) to Volume 57 - Page 495 City of Newport Beach City Council Minutes December 13, 2005 increase revenue estimates by $81,900 in Account No. 4010 -5893 and increase maintenance & operation expenditure estimates by the same amount in Division 4090, Foundation. 21. DEVELOPMENT OF AN AUGMENTED PUBLIC OUTREACH PROGRAM FOR THE PROPOSED GENERAL PLAN. [100 -20051 Information only - no action required. 22. NAMING OF PARK LOCATED AT MESA DRIVE AND BIRCH STREET (contd. from 11/22/05). [100 -20051 Continue this item to a future City Council meeting, date to be determined. City Manager Bludau noted the additional language to be added to Section 2.A of the Supplemental Memorandum of Understanding (Item 16) and reported that the recommendation has been amended for Item 19. Motion by_ Council Member_.Selich_ to approve the Consent Calendar, except for those items removed (17 & 19), and noting the addition of Section 2.A to Item 16 and the amendment to the recommendation on Item 19. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Heffernan, Mayor Pro Tom Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols K. PUBLIC HEARINGS 23. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT RENEWAL: RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR THE SHORTENED 2006 FISCAL YEAR. [100 -20051 Mayor Webb opened the public hearing. Hearing no testimony, he closed the public hearing. Program Manager Berger announced that they have received no protests. Motion ..... by__ Council._. Member. Ridgeway to adopt Resolution No. 2005 -60 confirming the levy of the BID assessment for the 2006 short fiscal year since the protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 24. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR A SHORTENED FISCAL YEAR 2006. [100 -20051 Program Manager Trimble announced that they have not received any protests. Volume 57 - Page 496 City of Newport Beach City Council Minutes December 13, 2005 Mayor Webb opened the public hearing. Hearing no testimony, he closed the public hearing. Motion...by _ Council_Member Ridgeway to adopt Resolution No. 2005 -61 confirming the levy of the BID assessment for the 2006 shortened fiscal year since protests represent less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 25. 2005 UPDATE TO THE CITY OF NEWPORT BEACH URBAN WATER MANAGEMENT PLAN. [100 -20051 Acting Utilities Director Antista utilized a PowerPoint presentation to discuss the Urban Water Management Plan through 2030 and highlighted the required components of the Plan. He reported on their water conservation efforts, explained how the City gets its water, and emphasized that the City is one of the only cities with an emergency supply. Administrative Manager Deutsch discussed efforts taking place in Buck Gully and the SmartTimer Rebate Program. Council Member Ridgeway noted that the rebate program ends January 31, 2006. Mayor Webb opened the public hearing. Hearing no testimony, he closed the public hearing. Motio_.n.,by Mayor _Pro _Te.m._Rosansky to adopt Resolution No. 2005 -62, which adopts the updated 2005 Urban Water Management Plan. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 26. COUNCIL ESTABLISHMENT OF A CITY HALL SITE REVIEW COMMITTEE AND A FACILITIES FINANCE REVIEW COMMITTEE, ESTABLISHMENT OF GUIDELINES FOR BOTH COMMITTEES, INCLUDING THE NEWPORT VILLAGE SITE AS A POTENTIAL CITY HALL SITE AND ESTABLISHMENT OF A PROCESS TO ACCEPT COMMITTEE APPLICATIONS. [351100 -20051 City Manager Bludau provided the staff report and utilized a PowerPoint presentation to discuss the proposed makeup and duties of the City Hall Site Review Committee and the Finance Review Committee. He noted that, if the City Hall were located elsewhere, the fire station will remain at its current location. He believed that, due to the timeline, the committees will need to meet weekly. He indicated that Council should see how many applications are received and then decide the process for selecting committee members. It was the consensus of Council to amend the number of members for both committees to be no less than 7, but no more than 11 public members. Volume 57 - Page 497 City of Newport Beach City Council Minutes December 13, 2005 In response to Council questions, City Manager Bludau confirmed that the Facilities Finance Committee will prioritize the capital improvement needs and provide cost ranges. He reported that staff will provide information relative to whether the City can finance the facilities and provide the budget outlook. He believed that the list will be provided by the time the committee members are appointed. It was the consensus of Council to have the committee reports completed by May 1, 2006, so they can be reviewed by Council during the first meeting in May. Further, it was determined that each committee should have two non - voting Council Members on them. Mayor Webb opened the public hearing. Hearing no testimony, he closed the public hearing. Motion __by- Council Member-Ridgeway to 1) establish the two committees and the guidelines for the committees to function, making changes to the recommendations as Council sees fit; and 2) advertise that City Council is accepting applications for these committees until noon, January 6, 2006, with the intention of appointments being made at the January 24th regular City Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Noes: Mayor Pro Tern Rosansky Public Works Director Badum reported on the constraints of the Newport Village site relative to the height limitations, view plains, topography, excavation, drainage course, and groundwater. He indicated that moving 3,000 truckloads of dirt could cost $2 million to $5 million. Planning Director Temple highlighted the non - codified Newport Center sight plane ordinance which protects view planes and landscaping. City Attorney Clauson confirmed that Council can modify the ordinance. Mayor Webb opened the public hearing. Bernie Svalsted emphasized that this site is no longer called "Newport Village" since Council already voted to name it "Newport Center Park ". He expressed his reasons why Council should eliminate the park for consideration and discussed the site's history. He also expressed concern about losing the potential donor and the park. Debra Allen, Parks, Beaches & Recreation Commissioner, reiterated that Council named the site Newport Center Park on June 28 and that they have been working for years to develop it as a park. She reviewed the history of the site and added that the drawings are almost complete. Val Skoro asked why the City would risk losing a donor when the park is ready to move forward. Karen Tringali, Corona del Mar Residents Association, reported that they support preserving the site as a park site and shared some of the email responses. Elaine Linhoff believed that this cannot be a potential site for City Hall since it's already a park. Volume 57 - Page 498 City of Newport Beach City Council Minutes December 13, 2005 Jan Vandersloot urged Council to eliminate this site for the new City Hall and reviewed the 1992 CIOSA agreement. He discussed the delays that could occur due to zoning changes and the required EIR, and the potential for losing the park donor money. He indicated that he likes the current site for City Hall. BJ Johnson hoped that the City doesn't take away the CIOSA agreement from the public and expressed concern with the potential traffic if the site was selected for the City Hall. Ben Schmitt believed that the current City Hall should be remodeled and stated that he would like to be on City Hall Site Review Committee. He suggested leaving the park as a park due to traffic. Mayor Webb closed the public hearing. Motion by--Council Member Selich to exclude the Newport Village site as a potential City Hall site. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Noes: Council Member Nichols 27. BAYSIDE RESIDENTIAL PLANNED COMMUNITY - 919 BAYSIDE DRIVE (PA2004 -072). [100 -2005] Mayor Webb opened the public hearing. Motion --by Mayor Pro-Tem Rosansky to continue the public hearing to January 10, 2006. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 28. SANTA BARBARA CONDOMINIUMS - 900 NEWPORT CENTER DRIVE (PA2004 -169) (LENNAR HOMES) (contd. from 11/22/05). [100 -2005] Mayor Webb opened the public hearing. Motion by Mayor Pro Tem Rosanskv to continue the public hearing to January 10, 2006. The motion carried by the following roll call vote: Ayes: Council Member Heffernan, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 29. COASTAL LAND USE PLAN. [100 -2005] Volume 57 - Page 499 City of Newport Beach City Council Minutes December 13, 2005 L. 0 la Motion -by Council Member Ridgeway to adopt Resolution No. 2005 -64 adopting the Coastal Land Use Plan with the modifications approved by the Coastal Commission (Exhibits 1 and 2). Senior Planner Alford provided the staff report and noted that, on November 14, the LCP Committee concluded that the modifications were acceptable and recommended that Council adopt the Coastal Land Use Plan. Council Member Nichols believed that the LCP has inequities and expressed concerns relative to the coastal bluffs. Mayor Webb opened the public hearing. Hearing no testimony, he closed the public hearing. The motion carried by the following roll call vote Ayes: Council Member Selich, Council Member Heffernan, Mayor Webb, Council Member Ridgeway, Council Member Daigle Noes: Council Member Nichols Absent: Mayor Pro Tom Rosansky PUBLIC COMMENTS Stephanie Murguia, Leadership Tomorrow Board Member, reported that they are accepting nominations until December 29 for outstanding leaders in the community. She stated that people can send nominations to info@leadershiptomorrow.org or call the Newport Beach Chamber of Commerce at 949 - 729 -4400. She noted that Council will soon receive their invitation to the February 23 event. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE Ad Hoc General Plan Update Committee (GPUC) - No report. Local Coastal Program Certification Commmittee - No report. Newport Coast Advisory Committee - No report. Mariners Joint Use Library Ad Hoc Steering Committee - No report. City Centennial 2006 Committee - Mayor Webb announced that they need more volunteers for the Rose Parade float. City Council/Citizens Ad Hoc Committee for Marina Park Planning - No report. City Council Ad Hoc Marina Park Advisory Committee - No report. Santa Ana Heights Project Advisory Committee - Council Member Daigle reported that the City's first riding arena will probably open in spring. PLANNING COMMISSION. AGENDA AND ORAL STATUS REPORT_ 30. PLANNING COMMISSION AGENDA FOR DECEMBER 8, 2005. [100 -20051 Planning Director Temple reported on the following Planning Commission items: Brookfield Homes (PA2004 -251) - 1301 Quail Street; Wilson Automotive Group (PA2005 -232) - 848, 888 Dove Street and 3901, 3931, 3961 MacArthur Volume 57 - Page 500 City of Newport Beach City Council Minutes December 13, 2005 Boulevard; Pas To Cafe (PA2005 -213) - 216 -1/2 Marine Avenue; and Mariner's Mile Gateway (PA2004 -141) - 100 -600 West Coast Highway. Regarding Mariner's Mile Gateway, Council Member Heffernan requested that staff look into whether the builder can put up a bond to ensure that construction is completed. O. CURRENT BUSINESS 31. APPROVAL OF DONOR AGREEMENT TO INCLUDE NAMING RIGHTS FOR NEWPORT CENTER PARK AND FUNDING PARK CONSTRUCTION SHORTFALL. [100 -20051 City Attorney Clauson reported that this item needs to be continued because the terms of the donation have not been finalized. She indicated that the donor can make the donation to a separate foundation and then direct the money to the City once an agreement has been reached. Motion by, Council. Member Ridgeway to continue the item to January 10, 2006. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Heffernan, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 32. COUNCIL CONSIDERATION OF AMENDMENT TO LEXUS SALES TAX SHARING AGREEMENT TO REIMBURSE LEXUS FOR FEES PAID TO CITY FOR ITS PROFIT (C- 3709). 1381100 -20051 City Manager Bludau provided the staff report, clarified that the estimated cost to the City is actually $962,000, and explained how this affects the agreement's timeline. He highlighted the recommendations and confirmed that the original agreement was for $9.5 million plus interest at 5 %. He reported that the assumptions from Lexus during the original agreement were that they would generate $1.5 million in sales tax the first year and $5.2 million a year by the thirteenth year. Richard Luehrs, Newport Beach Chamber of Commerce Government Affairs Committee, expressed their support for this. Motion .b ... Council ,Member.,Ridgeyvay to 1) amend the previous sales tax sharing agreement with David Wilson to allow the recovery of fees to be paid to the City for the processing of this project; 2) direct staff to prepare the amendment to the agreement which incorporates the reimbursement of project fees to be paid to the City in the amount of $843,544.44 as a part of the previous sales tax sharing agreement and have that agreement reviewed by Council Members Heffernan and Rosansky prior to being finalized; and 3) authorize the City Manager to execute the amendment upon approval of Council Members Heffernan and Rosansky and the City Attorney. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Heffernan, Mayor Pro Tern Volume 57 - Page 501 City of Newport Beach City Council Minutes December 13, 2005 Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 33. ACCEPTANCES OF UP TO SEVENTEEN (17) OFFERS TO DEDICATE ( "OTDs ") EASEMENTS FOR COASTAL ACCESS. [100 -20051 Mayor Webb indicated that Council received a presentation on this item during the afternoon Study Session. Motion by Couneil.M_ ember Ridgeway to adopt Resolution No. 2005 -63 accepting all the easements providing public access to the shoreline in and around Newport Bay. Council Member Nichols indicated that he only agrees with accepting the offers to dedicate coastal easements. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Heffernan, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Noes: Council Member Nichols P. ITEMS REMOVED FROM THE CONSENT CALENDAR 17. UNSCHEDULED VACANCY ON THE CIVIL SERVICE BOARD. [100 -20051 Council Member Ridgeway expressed concern that Albert Graham was previously on the Civil Service Board for eight years and read the Council Policy relative to appointments. City Attorney Clauson believed that Council can waive the policy, but pointed out that, pursuant to the Charter, Council must nominate three people for the Civil Service Board unscheduled vacancy. Motion_, bV._C.ouncil Member _Ridgeway to confirm the nominations (Douglas Coulter, Richard Goul & Albert Graham) made by the Ad Hoc Appointments Committee to fill the unscheduled vacancy as a result of the death of Robert Badham. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Heffernan, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 19. APPROVAL FOR THE INSTALLATION OF CARPET AT THE CENTRAL LIBRARY (C- 3820). [381100 -20051 Motion bv- .._ Council Member Heffernan to 1) approve the purchase and installation of new carpet at the Central Library in the amount of $255,113.27 pursuant to a contract with C &A Floorcoverings to be approved by the City Attorney's Office, and authorize the City Manager to execute the contract (C- 3820); and 2) approve a budget amendment (06BA -031) in the amount of $15,113.27 from the unappropriated balance of the General Fund to Account No. 7019- C4050821. The motion carried by the following roll call vote: Volume 57 - Page 502 City of Newport Beach City Council Minutes December 13, 2005 Ayes: Council Member Selich, Council Member Heffernan, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Q. MOTION FOR RECONSIDERATION - None. R. ADJOURNMENT - 10:22 p.m. The agenda for the Regular Meeting was posted on December 7, 2005, at 2:45 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk "A4, s; �n'awv� Recording Secretary Lay Mayor Volume 57 - Page 503