HomeMy WebLinkAbout06/12/2007 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 12, 2007 — 7:00 pan.
I. STUDY SESSION - 2:30 p.m
II. CLOSED SESSION - 6:30 p.m
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
VI. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Council Member Gardner
VIII. INVOCATION - Pastor John Embree, Newport Harbor Lutheran Church
UL PRESENTATIONS
Six Okazaki Exchange Students and their chaperones introduced themselves and expressed
their appreciation for the opportunity to travel to Okazaki, Japan.
Recreation Superintendent Sean Levin introduced Zan Margolis, Youth Council, who gave a
PowerPoint Presentation on the role of the Youth Council.
Hank Adler, outgoing Chairman and Ira Garbutt, Incoming Chairman, Toshiba Classic,
presented a "$10 Million in 10 Year Milestone" poster to the City Council and thanked
Council and community members for their volunteer support of the Toshiba Classic.
Mayor Rosansky presented Evelyn Hart with the Citizen of the Year proclamation and set
aside Thursday, June 14 as a day of celebration in her honor.
X. NOTICE TO THE PUBLIC
XI. 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 Henn offered kudos and thanks to sponsors and organizers of the very
successful Hoag Regatta. He said he was thankful for the opportunity to host the Youth
Government Day for the Kaiser Elementary Student Council.
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Council Member Curry said he attended the Government Finance Officers Conference in
Anaheim and announced that Dennis Danner and Newport Beach won the GFOA award for
the 16th consecutive year. Later this evening the Council will reconsider the award of a
trash franchise. The Council received anonymous information about the trash contractors
and he asked that the City Attorney prepare an ordinance requiring quarterly reports to the
City Council on violations within the five - county areas of Southern California.
Mayor Pro Tem Selich said he attended the Balboa Island Parade on June 3'd and thanked
the volunteers on Balboa Island for their hard work, which resulted in the event being very
successful.
Council Member Webb announced that on May 29th & 30th he attended the "Every 15
Minutes" event at Newport Harbor High School sponsored by the Newport Beach Police and
Fire Departments. On Memorial Day the American Legion sponsored a memorial for
veterans at the Pacific View Cemetery and on Sunday, Rev. George Crisp retired from Christ
Church by the Sea. In walks around town he has witnessed many interesting sites, not the
least of which is the landscaping on top of the building within the parking area at the Park
Newport Apartments. He felt Council Members should apprise themselves of this type of
feature for possible future use for parking structures.
Council Member Daigle congratulated former Mayor Evelyn Hart for her many hours of
volunteerism and being honored as Citizen of the Year. She also recognized volunteers for
their work with Back Bay Science Center.
Council Member Gardner said that more than 200 additional racers participated in the very
successful 5K Run in Corona del Mar and thanked staff for the good job in cleaning up after
the event.
Mayor Rosansky said he attended the Character Award Ceremony at Ensign School during
which six students received the award. He thought the event would be appropriate for all
schools in the area.
XII. CONSENT CALENDAR
A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF MAY 22, 2007 AND ADJOURNED REGULAR
MEETING OF MAY 30, 2007 1100- 20071. Waive reading of subject
minutes, approve as corrected and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS 1100- 20071. Waive
reading in full of all ordinances and resolutions under consideration, and
direct City Clerk to read by title only.
B. ORDINANCE FOR INTRODUCTION
C. RESOLUTIONS FOR ADOPTION
4. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT
RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2006 -2007,
AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR
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FISCAL YEAR 2007 -2008 1100 - 20071. a) Approve the Annual Report for
the 2006 -2007 Marine Avenue Business Improvement District Fiscal Year;
and b) adopt Resolution of Intention No. 2007 -35 to Levy Assessments for
FY 2007 -2008 and set the public hearing for June 26, 2007.
5. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT
RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2006 -2007 AND
ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR
FISCAL YEAR 2007 -2008 1100 - 20071. a) Approve the Annual Report for
the 2006 -2007 Corona del Mar Business Improvement District Fiscal Year;
and b) adopt Resolution of Intention No. 2007 -36 to Levy Assessments for
FY 2007 -2008 and set the public hearing for June 26, 2007.
6. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT
RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2006 -2007
AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR
FISCAL YEAR 2007-2008 1100- 2007]. a) Approve Balboa Village Business
Improvement District 2006 - 2007 Annual Report; and b) adopt Resolution of
Intention No. 2007 -37 and set the public hearing for June 26, 2007.
7. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT
DISTRICT RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2006-
2007 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY
FOR FISCAL YEAR OF JULY 1, 2007 TO JUNE 30, 2008 [100 - 20071.
a) Approve Restaurant Association Business Improvement District Fiscal
Year 2006 -2007 Annual Report; and b) adopt Resolution of Intention No.
2007 -38 and set the public hearing for June 26, 2007.
8. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF
SEASHORE DRIVE, NEWPORT BOULEVARD AND
BALBOA BOULEVARD, BACK BAY DRIVE, SELECTED PARKING
LOTS, AND SELECTED FEEDER STREETS FOR THE JULY 4TH
HOLIDAY [100 - 2007]. Adopt Resolution No. 2007 -39.
D. CONTRACTS AND AGREEMENTS
10. RELEASE OF SURETY FOR OFFSITE PUBLIC IMPROVEMENTS
COMPLETED ON ORANGE AVENUE FROM OLD NEWPORT
BOULEVARD TO CLAY STREET (MC OLD NEWPORT ROAD, LLC)
(C -3757) [381100- 2007]. a) Accept the off -site public improvements
constructed as conditions for the vacation and abandonment of a portion of
the Orange Avenue public right -of -way from Old Newport Boulevard to Clay
Street; b) authorize the City Clerk to release Faithful Performance Bond No.
838037 -S in the amount of $65,000 for the public improvements constructed
along Orange Avenue; and c) authorize the City Clerk to release Labor and
Materials Bond No. 838037 -S in the amount of $65,000 for the public
improvements constructed along Orange Avenue, provided no claims have
been filed.
11. NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 2
AWARD OF CONTRACT (C -3805) [381100- 2007]. a) Approve the plans
and specifications; b) award the contract (C -3805) to Belaire-West
Landscape, Inc. for the total bid price of $46,193 and authorize the Mayor
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and the City Clerk to execute the contract; and c) establish an amount of
$5,000 to cover the cost of unforeseen work.
12. BACK BAY SCIENCE CENTER - COMPLETION AND ACCEPTANCE
OF CONTRACT (C -3460) WITH KEWAUNEE, DOW DIVERSIFIED,
AND METROPOLITAN FLOOR COVERINGS [381100 - 2007]. a) Accept
the work performed and completed by Kewaunee, Dow Diversified, and
Metropolitan Floor Coverings; b) authorize the City Clerk to file a Notice of
Completion for each trade contractor; c) authorize the City Clerk to release
the Labor and Materials bonds 35 days after the Notices of Completion have
been recorded in accordance with applicable portions of the Civil Code; and
d) release the Faithful Performance Bonds one (1) year after Council
acceptance.
13. PLACENTIA AVENUE AND HOSPITAL ROAD STREET
REHABILITATION - COMPLETION AND ACCEPTANCE OF
CONTRACT (C -3801) [381100 - 2007]. a) Accept the work; b) authorize the
City Clerk to file a Notice of Completion; c) authorize the City Clerk to
release the Labor and Materials bond 35 days after the Notice of Completion
has been recorded in accordance with applicable portions of the Civil Code;
and d) release the Faithful Performance Bond one (1) year after Council
acceptance.
14. ANALYTICAL SERVICES FOR RESOLUTION OF DREDGING
PERMIT ISSUES - AMENDMENT NO. 1 TO PROFESSIONAL
SERVICES AGREEMENT WITH WESTON SOLUTIONS, INC. (C-
3759)[28/100-20071 a) Approve Amendment No. 1 to the Professional
Services Agreement with Weston Solutions, Inc. and authorize the Mayor
and the City Clerk to execute the Amendment; and b) approve a budget
amendment (07BA -79) transferring $104,200 from the unappropriated
General Fund reserve to account 2731- C2370721 Analytical Services
Agreement.
15. BALBOA ISLAND BEACH SAND STUDY (C -3790) [381100 - 2007]. a)
Approve the Professional Services Agreement with Moffatt and Nichol
Engineers to investigate the feasibility of various measures to control bay -
front beach erosion on Balboa Island for $49,995; and b) approve a budget
amendment (07BA -78) transferring $40,000 from General Fund
unappropriated reserves to Account 7231- C2360893 which currently
contains $10,000.
17. COUNCIL CONSIDERATION OF AN AMENDMENT TO A PRIOR
AGREEMENT WITH ORANGE COUNTY REGARDING
REDEVELOPMENT AGENCY FUNDING FOR THE SANTA ANA
HEIGHTS FIRE STATION AND THE SANTA ANA HEIGHTS
COMMUNITY CENTER (C -2573) [381100-2007]. a) Authorize the Mayor
to execute the 2nd Amendment to the Memorandum of Agreement - Santa
Ana Heights Fire Station and Santa Ana Heights Recreation Facility (Fire
Station Agreement) regarding new funding for the SA Heights fire station;
and b) determine that the development of a specific Recreation Facility for
Santa Ana Heights (using RDA funds) is no longer appropriate.
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18. COASTAL COMMISSION -CITY MOU REGARDING 919 BAYSIDE
AND THE RHINE WHARF GUEST DOCK (C -3943) 1381100- 20071.
Authorize the Mayor to execute a Memorandum of Understanding with the
Coastal Commission regarding the 919 Bayside Project and the Rhine Wharf
Guest Dock provided that the MOU is in substantially similar form to the
one attached to the staff report.
E. MISCELLANEOUS
20. BOARD AND COMMISSION SCHEDULED VACANCIES -
CONFIRMATION OF NOMINEES 1100- 20071. Confirm the nominations
made by the Ad Hoc Appointments Committee (as listed in staff report).
21. APPROVAL OF ORANGE STREET STORM DRAIN REPAIRS BY
GCI CONSTRUCTION (100 - 20071. Approve the Orange Street Storm
Drain Repairs performed by GCI Construction for a total amount of
$43,792.48.
22. BUDGET AMENDMENT TO INCREASE REVENUE FROM SALE OF
OIL AND APPROPRIATE ADDITIONAL FUNDS TO PAY
OIL ROYALTIES AND REPAIRS TO WELLS 1100- 20071. Approve a
budget amendment (07BA -077) to increase revenue estimates by $406,000 in
Account 2370 -5620, Tidelands Royalty - Petroleum, and increase
maintenance and operation expenditure estimates by $105,500 in Division
5400, Utilities Oil & Gas.
23. DONATION OF USED FIRE EQUIPMENT 1100- 20071. Approve the
donation of used fire equipment to the Rotary Club of Newport - Balboa for
further transfer to appropriate Mexican agencies.
24. COUNCIL RESPONSE TO LAFCO STAFF'S RECOMMENDATIONS
REGARDING ANNEXATION ISSUES AFFECTING WEST
SANTA ANA HEIGHTS, THE COUNTRY CLUB, THE MESA DRIVE
AREA AND THE SANTA ANA COUNTRY CLUB 1211100- 20071.
Continue indefinitely.
Motion by Mayor Pro Tem. Selich to approve the Consent Calendar, with the exception
of the items removed (3, 9, 16, and 19) and the correction to the minutes.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky; Council Member Webb, Council Member Daigle, Council Member Gardner
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. FRANCHISE WITH BALBOA ISLAND FERRY; LEASE AGREEMENT WITH
BALBOA ISLAND FERRY (C -855) 1381100- 20071.
Assistant City Manager Dave Kiff reported that this item is the introduction of an
ordinance which will grant a franchise to the Balboa Island Ferry and authorization
for the Mayor to execute a lease agreement with the Balboa Island Ferry.
Motion by Mayor Rosansky to a) introduce Ordinance No. 2007 -11 granting a
Franchise to the Balboa Island Ferry and pass to second reading on June 26, 2007;
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b) and continue the consideration of the lease agreement to June 26, 2007.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
9. RESOLUTION RESTRICTING THE PARKING OF VEHICLES (EXCLUDING
BUSES) ADJACENT TO 1601 16TH STREET 1100 - 20071.
Motion by Mayor Rosansky to adopt Resolution No. 2007 -40 restricting parking,
excluding buses, along 16th Street between the hours of 8:30 a.m, and 2:30 p.m.,
Monday through Friday, adjacent to the Environmental Nature Center (ENC) at
1601 16th Street with the restriction to be limited to one year.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
16. CITY GATEWAY SIGNAGE PROJECT - AWARD OF CONTRACT (C -3914)
1381100- 20071.
Council Member Gardner asked her colleagues to authorize an additional monument
in Corona del Mar northbound on Coast Highway.
Motion by Council Member Gardner to a) approve the plans and specifications;
b) declare the bid submitted by Adcon, Inc. of Valencia as non - responsive; c) award
the contract (C -3914) to Bravo Sign and Design, Inc. for the total bid price of
$184,200, and authorize the Mayor and the City Clerk to execute the contract; d)
establish an amount of $18,420 to cover the cost of unforeseen work; and e) add
the additional monument in Corona del Mar northbound on Coast Highway.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
19. NEWPORT COAST RESIDENTIAL REFUSE COLLECTION SERVICES (C-
8518) [381100- 20071.
Dolores Otting pointed out that bulk items can not be picked up by a vehicle arm.
She recommended that the General Services department conduct visual inspections
of the trash vehicles and issue tags or stickers.
Council Member Henn felt this was a big improvement in the way the City was
going about the contracting business and offered to meet with staff regarding
suggestions about the organization of the RFP.
In response to the suggestion about the conduct of inspections General Services
Director Harmon said it was a matter of time and staff availability. He felt that Ms.
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Otting's idea of a tag or sticker on trucks was a good idea even though it would not
ensure that there would not be any problems.
Motion by Council Member Daigle to begin a new Request for Proposals (RFP)
process, reject all previous proposals received, and direct staff to issue a revised RFP
which is substantially similar to the one attached to the staff report, and extend the
current Agreement with Waste Management of Orange County for three months
from July 1, 2007 through September 30, 2007.
Dave Ault, Republic Services, recommended that the City request that copies of the
bi- annual CHP inspection be forwarded to the City. He also recommended that in
order to remove politics from the issue the most successful bid processes involved
separating RFP's and RFQ's so that bidders could submit separate responses. Using
this manner, unqualified bidders would not be considered.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
XIV. PUBLIC HEARING
25. VACATION OF AN EXISTING SEWER AND WATER EASEMENT AND
ACCEPTANCE OF NEW SEWER AND WATER EASEMENTS AT 1600
NEWPORT CENTER DRIVE (901100 -20071 (contd. from 5/22/07).
Public Works Director Badum reported that the applicant has requested permission
to relocate a sewer and water easement for development of his property and staff
concurs.
Mayor Rosansky opened the public hearing; and hearing no testimony, closed the
public hearing.
Motion by Council Member Webb to a) adopt Resolution No. 2007 -41 ordering
the vacation of an existing sewer and water easement and the acceptance of new
sewer and water easements at 1600 Newport Center Drive; and b) direct staff to
process the vacation and acceptance of said easements; and d) direct the City Clerk
to have the Resolution and easement documents recorded by the Orange County
Recorder.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
26. FISCAL YEAR 2007 -08 PROPOSED BUDGET HEARING (100 - 20071.
Administrative Services Director Danner reported that two public hearings are
scheduled for consideration of the 2007 -08 proposed budget hearing.
Mayor Rosansky opened the public hearing; apd hearing no public testimony, closed
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the hearing.
Motion by Council Member Henn to a) direct staff to prepare a "checklist" of
proposed changes to the proposed budget that will be reviewed by the City Council
at the meeting of June 26, 2007 and direct the preparation of the Budget Resolution
for adoption at the Council Meeting of June 26, 2007 including any "checklist" items
that are recommended for approval.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council
Member Webb, Council Member Daigle, Council Member Gardner
Absent: Council Member Curry
27. 2007 -08 APPROPRIATION LIMIT HEARING (100 - 2007].
Administrative Services Director Danner stated that this item is related to the
previous item and considers appropriations a City can spend from the proceeds of
property taxes.
Motion by Council Member Curry to adopt Resolution No. 2007 -42 approving the
City's Appropriation (Gann) Limit for the 2007 -08 fiscal year in the amount of
$131,978.593.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
XV. PUBLIC COMMENTS
Bill Ficker stated that on Thursday, June 14th at 11:00 a.m. there will be an initiative
kickoff and press announcement for the signature drive to locate City Hall in the park.
Interested persons may call 949- 723 -3185 or check their website for more details:
www.dtyhallinthepark.com
John Heffernan presented Council with a copy of a complaint filed on April 18th with the
FPPC against Debra Allen, as well as Council Member comments printed in the Daily Pilot.
Dolores Otting applauded Marilee Jackson on the transference of cameras to the City
Council Chambers and suggested recording other meetings.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Selich gave Council an update on the General Plan Implementation
Committee.
Council Member Webb, San Joaquin Hills Transportation Corridor Board member,
announced the board's hiring of new CEO, Thomas E. Margro, who recently retired from
BART (Bay Area Rapid Transit).
Council Member Daigle announced that the Finance Committee would meet on Friday, June
15th at 1:00 p.m. and the Media Committee would meet on Monday, June 18th at 3:00 p.m.
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Mayor Rosansky reported that the annual 4th of July committee met recently and indicated
there would not be any changes this year as far as street closures, etc.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
XVIII.
28. PLANNING COMMISSION AGENDA FOR JUNE 7, 2007 [100 - 2007].
Planning Director Lepo reported on the following three items: 1) 3 Thirty 3
Waterfront (PA2007 -004) - 333 Bayside Drive; 2) the review of the preliminary
Capital Improvement Program; and 3) the update on compliance with Use Permit
conditions of approval for Albertson's Market.
29. COUNCIL DECISION TO PROCEED WITH THE PREPARATION OF PLANS
AND SPECIFICATIONS FOR NEWPORT CENTER PARK'S MIDDLE PHASE
WITH TOT LOT, RESTROOM AND PARKING LOT COMPONENTS,
INCREASING THE BUDGET FOR SUCH PLANNING AND FINALIZING
PARK NAMING RIGHTS [100-2007].
City Manager Bludau stated that this item comes back to the City Council at the
request of Mayor Pro Tem Selich seeking approval of four independent items as
follows: 1) approve construction of the park per the currently approved City Council
concept plan, incorporating the suggestions of the Parks, Beaches and
Recreation Commission with the addition of a tot lot, and the addition of the upper
parking lot, with construction to be done in phases with the middle phase first;
2) acceptance of the $600,000 donation towards the construction of the middle phase
in exchange for naming rights for the entire park, with the provision that other park
component naming rights will be available, and direct staff to negotiate an
agreement; 3) conceptual approval to amend the FY 2007 -2008 budget to increase
funding from the park budget from $200,000 to $400,000, subject to final
construction bids; and 4) direct staff to complete construction documents for the
middle section phase as soon as possible and put them out to bid.
Council Member Daigle wanted to clarify that although this park is an alternative it
would not appear to be the only alternative for the residents.
Mayor Pro Selich said because the Council was concerned about Item #2 he would
suggest continuing Item #2 and Item #3 because the budget amendment is tied into
the amount of the donation.
Motion by Mayor Pro Tem Selich to approve Items 1 and 4 as outlined by City
Manager Bludau and to delay Items 2 and 3 to come back to the Council when plans
are closer to being completed.
Council Member Webb outlined the reasons he felt there was insufficient
information for this Council to vote on this matter this evening and could not
support either recommendation 1 or 4.
Mayor Pro Tem Selich explained that the construction documents were substantially
complete in accordance with conceptual plans approved by the Council.
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Council Member Curry stated that new residents would generate more than $12
million in par in -lieu fees and it seemed to him that the City should provide a first
class park for those residents.
Council Member Daigle said the Council has not seen the developers' plans and may
unfold ideas that should be given consideration.
Mayor Pro Tem Selich and City Attorney Clausen explained that unless the contract
extension with DMJM exceeded the City Manager's approval authority it would not
have to come back to the Council for consideration.
Dolores Otting felt people should have a right to vote on this issue and that the City
should not move forward until the study was completed.
Barry Allen believed the Council should vote on this matter tonight.
John Heffernan felt the Council should proceed carefully and noted that someone
will be held accountable for the expenditure of funds for the current location, as well
as the proposed location.
Tom Moulson said the people want the park and the City should build it as
promised.
Marcia Dossey felt it was a foregone conclusion that the City needed a state- of -the-
art city hall and the Council did not have enough information to render a decision
this evening.
Ron Hendrickson said he was not in favor of moving ahead with this park.
Dr. Jan Vanderaloot stated that SPON had worked for over 12 years to have a park
at this site and it should not be delayed.
John Nelson said the Council should reconsider its decisions based on current need.
Bernie Svalstad asked the Council to move forward in compliance with the City's
General Plan and change "naming rights" to sponsorship.
Anne Balderston wanted the Council to build the park as approved.
Dick Nichols said that in the beginning people were in agreement with a multi.
purpose use of this site.
Novelle Hendrickson hoped the City Council would reject the motion because there
was insufficient information regarding a proposed plan.
At the request of Council Member Webb, Public Works Director Badum provided
background on this matter and Council discussion ensued.
Substitute motion by Council Member Gardner to add that a conceptual plan
to be completed while the Council was waiting for the redesign phase to be
completed. The motion died for a lack of a second.
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Mayor Rosansky supported Council Member Gardner's motion and offered a
substitute motion.
Substitute motion by Mayor Rosansky to direct staff to have the consultant
prepare conceptual plans for the entire park, that include the additional amenities
recommended by the Parks, Beaches & Recreation Commission, the tot lot, the
parking lot, restrooms and taking into consideration the phasing, to be brought back
to the full Council for consideration at a later date.
Council discussion ensued about the financing capabilities of the City to complete
three parks.
The substitute motion carried by the following roll call vote:
Ayes: Mayor Rosansky, Council Member Webb, Council Member Daigle, Council
Member Gardner
Noes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich
30. POLICY DIRECTION REGARDING POLYSTYRENE USE IN NEWPORT
BEACH 1100- 20071.
Assistant City Manager Kiff presented a brief report and asked Council for further
direction.
Council Member Daigle wanted to know if the Council would agree to exempt the
OASIS.
Mayor Rosansky said he could support some of Tier 1 and 2 ideas but it would be
difficult for the City to lean on others if the City failed to address the problem.
Motion by Mayor Pro Tem Selich to approve the Tier 1 approach.
Council Member Curry said he supported the motion but would like to go beyond
that to include some of the Tier 2 strategies and would support including Council
Member DaigWs exemption for OASIS.
Stephanie Barger, Earth Resources Foundation, thanked Council for its
consideration and expressed that the students that proposed this ordinance would be
disappointed that the Council did not include Tier 3.
Amended motion by Mayor Pro Tem Selich to approve Tier 1 and 2 with the
exemption for OASIS not included at this time, however staff to come back if there
are cost issues that will impact OASIS.
The amended motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
XViX. CURRENT BUSINESS
31. AWARD OF CONCESSION AT CORONA DEL MAR STATE BEACH 1100-
20071.
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Assistant City Manager Kiff reported that this was the second time that the City
had gone through the RFP process. Approximately 102 letters were sent to affected
residents and the City received about 23 mixed responses. Mr. Kiff reported that
the City Council could select Rudy's or direct staff to send out another RFP due to
the increased interest.
Council Member Gardner said she received several calls on this matter with callers
being opposed to the concept primarily because of the intent to include the sale of
alcohol. She said she was concerned about the sale of alcohol and the operating
hours.
Council Member Henn said he would not vote in favor of the sale of alcohol. In
response to questions about the Kilmer Enterprises bid, Assistant City Manager Kiff
explained the reason why this was being re -bid.
Council Member Curry confirmed that the new gate hours were 6:00 a.m. to 10:00
p.m. and said he would not support the sale of alcohol on the beach under any
circumstances.
Motion by Mayor Rosansky to direct staff to reject all bids and prepare and issue
a new Request for Proposals and asked that the Finance Committee work with staff
on the RFP and the contract.
Gordon Kilmer, concessionaire for 30 years, said he was not invited to bid a second
time. He agreed that alcohol service would be counter - productive and felt the
current offer was not competitive and was out of order. He said he produced
$100,000 in rent to the City without alcohol in their last year of operation.
Amber Nickerson submitted a proposal past the expired date for a breakfast cafe
and concession and was disappointed that she did not know about the second RFP.
She felt their breakfast cafe establishment would accommodate both the on and off-
season traffic. She asked to be notified about the opportunity to present a third
RFP.
Frank Peters, Vice President and Treasurer of Breakers Drive Homeowners
Association, said he felt a tremendous relief about the Council's objection to the sale
of alcohol on the family- oriented beach.
Dick Nichols thanked Council for opposing the sale of alcohol and voiced concerns
about the restroom situation and suggested that the percentage to the City be
reduced.
Dolores Otting was pleased that the City would not permit alcohol at the beach and
said she was concerned there was no bathroom for the lifeguards.
Ron Hendrickson said he was familiar with the Kilmer operation and believed there
was no better operation and that the City should give Kilmer another chance.
Todd Carson, Rudy's Pub and Grill, stated that liquor was included only to meet the
required rent. He indicated that two proposals were submitted, one of which does
not include liquor. He said he would like to serve breakfast and does not need to
have deliveries or staff at 6:00 a.m.
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City of Newport Beach
City Council Minutes
June 12, 2007
Dr. Larson said he was concerned that the beach not open before 6:00 a.m. and be
cleared at 10:00 p.m. He also appreciated the Council's "thumbs down" on alcohol on
the beach because it is a residential area.
Danny Hanson said he was relieved about no sale of alcohol and said a restaurant or
breakfast house would be more difficult to manage.
In response to inquiries about the criteria staff would use to make its decision,
Assistant City Manager Kiff recommended that Council Member Gardner work with
staff to propose a specific recommended concept and route the recommendations
through the Finance Committee. Mayor Rosansky said he wanted to work with
Council Member Gardner on this issue and suggested that staff contact the
Restaurant Association for input.
Amended motion by Mayor Rosanskv to direct staff to reject all bids and
prepare and issue a new Request for Proposals and have himself and Council
Member Gardner work with staff on the RFP and the contract rather than the
Finance Committee.
The amended motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
XX. MOTION FOR RECONSIDERATION — None
XXI. ADJOURNMENT - At 10:50 p.m. in memory of Rose Marie Hawkins and Marion
Halfacre
The agenda for the Regular Meeting was posted on June 7, 2007, at 12:35 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
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Recording Secretary
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City Clerk
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