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HomeMy WebLinkAbout04/25/2006 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session April 25, 2006 — 4:00 p.m. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Absent: Council Member Nichols (Council Member Nichols arrived at 4:40 p.m.) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Curry asked if the paving of the Corona del Mar High School parking lot, as addressed in Item No. 16, is at the discretion of the City. City Manager Bludau responded by stating that it's not a legal responsibility, but noted that the City does have the money set aside to improve safety and circulation in the area. Council Member Ridgeway confirmed with Public Works Director Badum that he would be providing a map prior to the evening meeting to illustrate the project. Council Member Selich noted that the action on Item No. 12, Newport Coast Community Center and Santa Ana Heights Fire Station Professional Services Agreement, would be taking place before the award of the construction contract for the community center, Item No. 27. Public Works Director Badum explained that the management contract is setup so that the amount can later be changed, if necessary. 2. CENTENNIAL COMMEMORATIVE PROJECT AT MCFADDEN SQUARE. 1100 -20061 Recreation & Senior Services Director Knight stated that the Centennial Sponsorship Development Committee made the suggestion that there be a way to permanently recognize the supporters, sponsors and donors of the City's Centennial celebration. She stated that discussions began a year ago and McFadden Square was chosen as the potential location for such a project since it is where Newport Beach began. She stated that two phases have been developed and the Centennial Steering Committee is supportive of doing at least the first phase. She stressed that the project is at the conceptual stage only, and that staff is looking for input and direction from the City Council. Kirwan Rockefeller, Chair of the City Arts Commission, stated that the Commission has been involved in the project and utilized Council Policy I -9, Art in Public Places, throughout the process. He noted that the design concept has Volume 57 — Page 622 City of Newport Beach Study Session Minutes April 25, 2006 undergone several months of thought, philosophically and aesthetically. Using a PowerPoint presentation, Ray Price, Peridian International, displayed an aerial photo showing where McFadden Square is and a site plan of the existing conditions at McFadden Square, as well as existing site photos. He then displayed the design concept for Phase One of the McFadden Square Donor Recognition Project, which would include a labyrinth with a historical timeline and a sculptural element. He displayed photos of typical labyrinths and sculptural elements, and a site plan showing how the plaza would look upon the completion of Phase One. The concept would also include granite pavers, a granite band with donor names and a seat wall with plaques for major donors. He displayed artist renderings of the Phase One concept from various angles and photos of typical granite paving. Mr. Price stated that Phase Two expands the concept with additional concrete rings and interlocking pavers farther out into the plaza area. Palm trees, benches and tables would also be added in Phase Two. He displayed photos of typical pavers and palm trees, as well as artist renderings illustrating the completion of Phase Two from various angles. Council Member Selich complimented the work done by Peridian International and the City Arts Commission, and expressed his support for the Phase One fundraising efforts to begin. Mayor Webb noted that Phase One is estimated to cost $491,000, and Phase Two an additional $1.4 million. Mr. Price stated that those are preliminary numbers, and noted that the logistics of demolition and construction in a public plaza area contributes to the expense. In response to Mayor Webb's question, Mr. Price confirmed that the red hues were chosen since they already exist in the area and added that the labyrinth_ would be in more of a gray tone. It was discussed how well the granite and pavers will withstand the test of time, and that the pavers can be replaced and repaired when needed. In response to Council Member Selich's question, Recreation & Senior Services Director Knight stated that the idea of forming an ad hoc fundraising committee has been discussed, with the intent of having Phase One funded by private donations. She stated that several people have already expressed an interest in serving on a fundraising committee. Mayor Webb confirmed that the project would not begin until the funds had been raised. In response to Council Member Selich's question, Recreation & Senior Services Director Knight stated that it is not known how long the fundraising efforts will take. In response to Council Member Curry's question, Mr. Price stated that construction would be expected to take four to five months, if it occurred during the fall and winter months. He added that the source of the materials has not been determined, but that the engraving would be done locally. In response to Council Member Selich's question, he stated that it would be desirable to have a local artist design the sphere, and that possibly the City Arts Commission could be involved in the selection process. It was mentioned that the artist may also be Volume 57 - Page 623 City of Newport Beach Study Session Minutes April 25, 2006 willing to donate their time in exchange for the recognition Council Member Ridgeway also complimented the work done to date and expressed his support for the project. He encouraged the fundraising to commence, and expressed confidence that the timeless and elegant nature of the project would be appealing to donors. Council Member Nichols joined the meeting at 4:40 p.m. Council Member Curry commended the City Arts Commission and asked if there was a vehicle established for the fundraising efforts. Recreation & Senior Services Director Knight stated that it would be handled through the trust fund that's been established for the Centennial. Council Member Daigle offered her assistance. Mayor Webb stated that there appears to be unanimous support from the City Council for Phase One. 3. PROPOSED CITY COUNCIL POLICY B -17 /PARKS, FACILITIES AND RECREATION PROGRAM DONATIONS. City Manager Bludau noted that the matter is also on the evening meeting's agenda, Item No. 18. General Services Director Harmon provided a brief staff report and information on the City's history of accepting donations. He stated that the proposed policy combines all parks, public improvement, facilities and recreation donations into one Citywide donation policy. He noted that the proposed policy has been approved by the Parks, Beaches & Recreation Commission. Council Member Selich confirmed that what was recently done on Balboa Island is consistent with the proposed policy. Council Member Ridgeway requested that Policy G -5, Park & Street Improvement Donations, which is the policy that is being recommended for deletion upon approval of the proposed policy, be provided to the City Council prior to the evening meeting. He also stated that he'd like to raise the City's standards on donations and doesn't feel that the proposed policy does so. He expressed his concern for "plaque clutter" and his disagreement with allowing plaques larger than 2" x 6 ". Mayor Webb disagreed that the proposed policy would create plaque clutter. Council Member Daigle asked for an explanation of Section H(3)(iii) of the proposed policy, and Mayor Webb stated that it provides a way to recognize long- term City employees and those that have made significant contributions to the City. He stated that locations would have to be approved by staff and the designs by the Parks, Beaches & Recreation Commission. Council Member Daigle agreed with Council Member Ridgeway and expressed her concern for the visual impact the proposed policy would have on the community. She also questioned the need for the City to be so aggressive in increasing revenues. In response to her question, Administrative Services Director Danner stated that the General Fund balance on June 30, 2005, was approximately $54 million. In response to an additional question, Recreation & Senior Services Director Knight stated that the fee collected for facility rentals covers operational costs only. She added that it was not the intent of Volume 57 - Page 624 City of Newport Beach Study Session Minutes April 25, 2006 the proposed policy to increase revenues, and explained that the donation catalog that would be created would only serve as a resource and provided upon request by those wishing to make a donation. General Services Director Harmon noted that his department has only received one such request in the previous nine months. In response to Council Member Nichols's question, General Services Director Harmon stated that his department has an inventory of where a bench or tree could be placed. Council Member Nichols requested that the list be open to perusal by community associations to make sure that they're in agreement. General Services Director Harmon explained that the City would be required to contact the applicable homeowners associations. Referring to Section 13(3)(ii)(c) of the proposed policy, Council Member Ridgeway expressed his support for the notification requirement and requested that the 300 -foot radius be measured from the edge of the public land where the donated item is being placed and not from the item itself. At the request of Mayor Pro Tem Rosansky, City Attorney Clauson clarified that the homeowners associations referred to in the policy are those that are "legally established ", which is defined as those that are operating under CC &R's. Council Member Ridgeway suggested that the notification apply to all homeowners associations, whether they are operating under CC &R's or not. Council Member Curry commended staff for the proposed policy and encouraging citizens to involve themselves in providing public facilities. Mayor Pro Tem Rosansky asked what the provisions were for removing a plaque, such as when a park or street is being renovated. Recreation & Senior Services Director Knight stated that the City assumes ownership. Mayor Pro Tem Rosansky suggested that it be clear in the policy that the City has the right to remove a plaque, bench or tree. City Attorney Clauson suggested that the additional language could read, "the plaque will remain on the donated item for the life of the item, and City would reserve the right to relocate it if necessary ". City Manager Homer suggested that in Sections B(1)(i) and B(4)(ii), that "department director" be changed to "City Manager ". Mayor Webb suggested that action not be taken at the evening meeting, and that the matter be continued to allow staff to incorporate the suggested changes. 4. AMENDMENT TO COUNCIL POLICY F -14 (SERVICE CONTRACTS). 1100 -20061 Using a PowerPoint presentation, City Attorney Clauson reported that the City processes hundreds of contracts each year, and stated that it has become apparent that the basis for the City's authority and State law needed to be looked at. She stated that she assigned Cathy Wolcott, a part -time contract attorney, to research what the current issues are and develop a service contract policy for Council consideration. She reported that City Charter Section 421 addresses the execution of contracts, as does Resolution No. 87 -67 and current Council Policy F- 14, Authority to Contract for Services. City Attorney Clauson stated that the proposal in the new Council Policy F -14 is to increase the City Manager's authority to $50,000, while retaining the department head authority at $30,000. Volume 57 - Page 625 City of Newport Beach Study Session Minutes April 25, 2006 She also noted that the new policy should be adopted by resolution. Council Member Daigle suggested that the City's grant applications and obligations also be looked at. City Attorney Clauson agreed that the process could be improved and suggested that it be done so under a separate policy. City Attorney Clausen displayed a list of the types of contracts that the new policy would apply to. She also displayed a summary of the authority that would be conveyed by the new policy, and noted that it clarifies that the City Manager has the authority to sign for contract amendments of up to 125% of the original contract amount. Additionally, the City Manager would have the authority to sign contracts of up to $100,000 for those that are paid for by the applicant and deal with environmental documents. She explained that this was suggested by the Planning Department and would allow for the environmental review to get started more quickly. Council Member Selich suggested that there be no dollar limit on these types of contracts, and that the City Council just be notified of such contracts. It was the consensus of the Council Members to support this suggestion. City Attorney Clauson asked if this provision should apply to all types of contracts where the fees are being paid for by the applicants, or if it should be limited to those contracts that require the environmental review. It was the consensus of the Council Members that it apply to all types of contracts. At the suggestion of Council Member Ridgeway, City Attorney Clauson stated that staff will clarify the language regarding the City Manager's authority on amended contracts. City Attorney Clauson displayed a summary of the department head authority being proposed in the new policy. She clarified that department head authority would only apply to contracts already within their budget authority. City Attorney Clauson stated that the City Attorney has always made the decision on who to hire when contracting for outside legal counsel when that contract is within the City Attorney's budget authority. She suggested that this also be included in the new policy and that the City Council be notified when such contracts are being entered into. Ms. Wolcott displayed the procedures included in the new Council Policy F -14 and stated that the actual policy will go into more detail. She highlighted several of the clarifications that are being made in the proposed policy. Mayor Pro Tem Rosansky suggested that the "approved as to form" wording be on all contracts. Additionally, Ms. Wolcott stated that the proposed policy will also provide clarification and guidance to staff on emergency contracts. She displayed the current authority for such contracts as included in City Charter Sections 421 and 1110, and Municipal Code Section 2.20.020. Council Member Ridgeway complimented staff on the work done, and suggested that it be brought back to the City Council for action. PUBLIC COMMENTS - None Volume 57 - Page 626 City of Newport Beach Study Session Minutes April 25, 2006 ADJOURNMENT - at 6:00 p.m. The agenda for the Study Session was posted on April 19, 2006, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary r Mayor E, WZY21,ze- I'M Volume 57 - Page 627