HomeMy WebLinkAbout06/24/2008 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 24, 2008 — 7:00 p.m.
I. STUDY SESSION - 3:00 p.m.
II. CLOSED SESSION - 5:13 p.m.
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
VI. CLOSED SESSION REPORT
City Attorney Clauson reported that, regarding Qualified Patients_ Association vs.. The City. of
Anaheim - OCSC Case-No. 07CC09524 jAmicus Request], Council approved signing on as
amicus in support of the City of Anaheim.
VII. PLEDGE OF ALLEGIANCE - Council Member Curry
VIII. INVOCATION - Mr. Frank Carpenter
IY— PRESENTATIONS
Introduction of Exchange Students Traveling to Okazaki - Kent Moore stated that the
students and chaperones will be in Okazaki, Japan, from July 7 to July 17, and reviewed some of
the activities they will participate in. The students and chaperones introduced themselves and
discussed how excited they are to be visiting Okazaki.
Recognition of the 1!1 Memorial Committee - Mayor Selich read the Certificate of
Appreciation and presented it to the Chair of the Committee, Council Member Curry. Council
Member Curry presented certificates to the committee members in attendance.
X- NOTICE TO THE PUBLIC
XI. CITY COUNCIL AjdNOUNCEMENTS, OR MATTERS.. WHICH - _COUNCIL MEMBERS
WOULD LIKE PLACED ON -A FUTURE AGENDA _ FOR _ DISCUSSION, ACTION OR
REPORT (NON- DISCUSSION.ITEM):
Council Member Gardner announced that Fuji Grill is the new concession at Big Corona and that
they are also open in the morning.
Council Member Curry reported that he represented the City at the swearing -in of the new Orange
County Sheriff- Coroner Sandra Hutchens. He also announced that he attended the Mayor's
Summit last week and reported that many cities are conducting citizen surveys to eventually start
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a benchmarking process.
Council Member Henn announced that April was National Autism Awareness Month. He stated
that his five year old grandson who has autism attends Harper Preschool and participates in a
teacher - organized sports league called High Five. He commended the City's Recreation
Department for assisting with the High Five track meet. He expressed how important the track
meet is to the children, parents, family, and friends. He noted that the Newport -Mesa Unified
School District used to only have three classes available for autistic children, but now there are 11.
Council Member Rosansky announced that he attended the Balboa Bay Club season opener along
with other Council Members and reported that the 1221 Club awarded substantial scholarships to
high school students from the community. He also announced that he attended the Irrelevant
Week Kick Off Celebration yesterday.
Council Member Webb requested a report on how the City can improve the appearance of the site
at Coast Highway and Dover.
Mayor Selich commended the Balboa Bay Club members on their generosity relative to the
scholarships. He also announced that he attended the Someone Cares Soup Kitchen Annual
Dinner in which he presented four proclamations to volunteers from the City.
XII. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF
JUNE 10, 2008. [100 -20081 Waive reading of subject minutes, approve as
written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of
all ordinances and resolutions under consideration, and direct City Clerk to read
by title only.
B. RESOLUTIONS. FOR ADOPTION
3. GENERAL MUNICIPAL ELECTION - NOVEMBER 4,2008: ADOPTION OF
RESOLUTIONS CALLING THE ELECTION, REQUESTING
CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION
(CANDIDATES ONLY), AND ADOPTING REGULATIONS PERTAINING
TO CANDIDATES STATEMENTS. 1391100 -20081 Adopt the following
resolutions pertaining to the General Municipal Election scheduled for Tuesday,
November 4, 2008 pursuant to Section 1000 of the City Charter: a) Resolution No.
2008 -54 Calling and Giving Notice of the Holding of a General Municipal Election
to be Held on Tuesday, November 4, 2008, for the Election of Members of the City
Council as Required by the Provisions of the City Charter; b) Resolution No. 2008-
55 Requesting the Board of Supervisors of the County of Orange to Consolidate a
General Municipal Election to be Held on Tuesday, November 4, 2008, with the
Statewide General Election to be Held on the Same Date Pursuant to Section
10403 of the Elections Code; and c) Resolution No. 2008 -56 Adopting Regulations
for Candidates for Elective Office Pertaining to Candidates Statements Submitted
to the Voters at an Election to be held on Tuesday, November 4, 2008.
4. MEASURE M SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM. [100.
20081 a) adopt the Seven -Year Capital Improvement Program; b) adopt
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Resolution No. 2008 -57 affirming that the City's Circulation Element does not
preclude implementation of the regional Master Plan of Arterial Highways; and c)
direct staff to submit the adopted Seven -Year Capital Improvement Program and
the Maintenance of Effort certification to the Orange County Transportation
Authority to satisfy the eligibility provisions for Measure M and Congestion
Management Programs.
5. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE
TO CALIFORNIA WASTE SERVICES, LLC. (100 -20081 a) Adopt Resolution
of Intention No. 2008 -58 setting the public hearing for July 22, 2008 to consider
the award of a Non - exclusive Solid Waste Franchise to California Waste Services,
LLC; and b) introduce Ordinance No. 2008 -13 granting a Non - exclusive Solid
Waste Franchise to California Waste Services, LLC, and pass to second reading on
July 22, 2008.
6. ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL 2008/2009 GRANT ASSISTANCE PROGRAM
GRANT TO ESTABLISH AN ABC LIAISON OFFICER PROGRAM WITHIN
THE POLICE DEPARTMENT. (100 -20081 a) Accept the California
Department of Alcoholic Beverage Control (ABC) 2008/2009 Grant Assistance
Program (GAP) Grant Award in the total amount of $100,000 to establish an ABC
Liaison Officer position with the Police Department; b) authorize the
Administrative Services Director to establish revenue and expenditure accounts in
the Capital Improvement Budget to facilitate the administration of these funds;
and c) adopt Resolution No. 2008 -59 accepting the GAP Grant Award on behalf of
the City.
7. RESOLUTION RELATING TO FUNDING A LOWER NEWPORT BAY
DREDGING PROJECT. (100 -20081 Removed from the agenda at the request of
Mayor Pro Tem Daigle.
C. CONTRACTS AND AGREEMENTS
8. EAST BAY AVENUE AND A STREET REHABILITATION AND STORM
DRAIN IMPROVEMENTS - AWARD OF CONTRACT (C- 8955). (381100-
20081 a) Approve the plans and specifications; b) award the contract to
Hillcrest Contracting for the total bid price of $138,677 and authorize the Mayor
and the City Clerk to execute the contract; and c) establish an amount of
$13,500 to cover the cost of unforeseen work.
9. APPROVAL OF AN ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH RMS ENGINEERING & DESIGN, INC. FOR STRUCTURAL
ENGINEERING SERVICES (C- 4058). (381100 -20081 Approve an On-
Call Professional Services Agreement with RMS Engineering & Design, Inc. (RMS)
for structural engineering services and authorize the Mayor and the City Clerk to
execute the Agreement.
10. FLASHING CROSSWALK AT NEWPORT
STREET - AWARD OF CONTRACT (C- 3969).
project plans and specifications; b) award th e
Engineering Services, Inc. for the total bid price
Mayor and the City Clerk to execute the contract;
$8,300 to cover the cost of unforeseen work.
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BOULEVARD AND 23111)
1381100 -20081 a) Approve the
contract to PTM General
of $82,780 and authorize the
and c) establish an amount of
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June 24, 2008
11. APPROVAL OF AMENDMENTS TO ON -CALL PROFESSIONAL
SERVICES AGREEMENTS FOR PAVEMENT
EVALUATION, GEOTECHNICAL AND MATERIALS TESTING (C- 3854).
[381100 -2008] a) Approve Amendment No. 1 with LaBelle Marvin, Inc. for on -call
pavement evaluation services and authorize the Mayor and the City Clerk to
execute the Amendment; and b) approve Amendment No. 1 with Willdan
Geotechnical (formerly Arroyo Geotechnical) for on -call geotechnical and materials
testing and authorize the Mayor and the City Clerk to execute the Amendment.
12. PROFESSIONAL SERVICES AGREEMENT WITH ORANGE COUNTY
PUMP CORPORATION FOR ON -CALL PUMP REPAIR AND
MAINTENANCE SERVICES (C- 4059). 1381100 -20081 Approve Professional
Services Agreement with Orange County Pump Corporation for on -call pump
repair and maintenance services for water and wastewater pumps, motors and
pumping units and authorize the Mayor and the City Clerk to execute the
Agreement.
18. UNDERGROUND UTILITY SERVICE REPAIRS - APPROVAL OF
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
W.A. RASIC COMPANY, INC. (C -3994) 1381100 -20081 Approve Amendment
No. 1 to Professional Services Agreement with W.A. Rasic Company, Inc. for on-
call underground utility repair services and authorize the Mayor and the City
Clerk to execute the Amendments.
14. GENERAL SERVICE BUILDING D LOCKER ROOM AND RESTROOM
REMODEL - AWARD OF CONTRACT (C- 4029). [381100 -20081 a) Approve
the project Drawings and Specifications; b) award the contract to R.G. Fleming,
Inc. for the total bid price of $86,267, and authorize the Mayor and the City Clerk
to execute the contract; c) establish a contingency of approximately fifteen percent
in the amount of $12,733 to cover unexpected construction and miscellaneous
costs; and d) approve a budget amendment (08BA -081) transferring $34,400 from
project savings in Account No. 7015- C5100817, Mariners Park Improvements, and
$6,000 from project savings in Account No. 7013- C5100019, Citywide Street,
Parking Lot and Storm Drain Improvements, into Account No. 7011 -C 1002001.
15. OASIS SENIOR CENTER FUNDRAISING CONSULTANT AGREEMENT -
RENEWAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH
NETZEL ASSOCIATES, INC. (C- 3888). [381100 -20081 Renew the Professional
Services Agreement with Netzel Associates, Inc. to assist the Friends of OASIS in
the capital fundraising campaign at a not to exceed price of $62,400, and authorize
the Mayor and the City Clerk to execute the agreement.
16. LEGAL ADVERTISING BID FOR FISCAL YEAR 2008 -2009. [321100 -20081
Accept the bid of The Daily Pilot and authorize a purchase order for the one -year
period of fiscal year 2008 -2009.
D. WS-CELLANEWS
18. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF
THE CITY COUNCIL PRIORITIES FOR 2008. (100 -20081 Review and
comment.
Motion by Mayor Pro Tem Dai le to approve the Consent Calendar except for item removed
(17); and noting that Item 7 was pulled from the agenda.
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The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Webb, Council Member Curry, Council Member Gardner
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
17. MCFADDEN SQUARE CENTENNIAL LEGACY PROJECT SCULPTURE:
APPROVAL OF CASTING, INSTALLATION AND FINAL PAYMENT (C- 3990).
[381100 -20081
Council Member Webb announced that the opening ceremony will be held on July 21 at
9:30 a.m.
Kirwin Rockefeller, Chair of the City Arts Commission, indicated that the sculpture is
amazing but they have a concern about one line.
At the suggestion of the City Attorney, Council Member Webb suggested withholding 10%
of the final payment until the City Arts Commission approves the final sculpture.
Motion by Council Member Webb to approve the casting, installation of the artwork
(sculpture) for the McFadden Square Centennial Legacy Project; withhold 10% of the final
payment to Artist/Sculptor Hank Kaminsky until the artwork (sculpture) has been
modified; and release the 10% upon final approval of the artwork (sculpture) by the City
Arts Commission.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XIV. ORAL REPORTS FROM CITY. COUNCIL ON COMM_ ITTEE ACTIVITIES
Mayor Pro Tem Daigle announced that the Aviation Committee will be meeting on June 30. She
indicated that the committee will be updating its website and conducting community outreach.
XV. PUBLIC. HEARINGS
Without objection, Mayor Selich indicated that Items 19 -22 will be discussed at the same time.
19. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
PUBLIC HEARING AND RESOLUTION FOR RENEWAL OF THE BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008 -2009. [100 -20081
20. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF
THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008 -2009. [100-
20081
21. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF
THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008 -2009. [100-
20081
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22. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID)
RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR
RENEWAL AND LEVY OF THE BUSINESS IMPROVEMENT DISTRICT FOR
FISCAL YEAR 2008 -2009. (100 -2008]
Assistant City Manager Wood reported that staff has not received any protests for any of
the Business Improvement Districts (BID).
Mayor Selich opened the public hearing.
Sherry Drury, President of the Restaurant Association BID; Peggy Fort, California
Marketing Concepts; Wendy Boyd, American Express; and Jim Walker, Bungalow
Restaurant, discussed the benefits of a strategic marketing campaign, restaurant
revenues, how the BID manages its money, and the reasons for having a second
Restaurant Week. Mayor Selich recommended that Restaurant Week discussions be
conducted during budget deliberations.
Chris Chaney, Five Crowns, thanked Council for their support.
Hearing no further testimony, Mayor Selich closed the public hearing.
Motion by Council Member Rosansky to adopt Resolution No. 2008 -60 for the renewal
of the Corona del Mar BID confirming the levy of the BID assessment for the 2008 -09
fiscal year.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
Motion by Council_.Mernber Rosansky to adopt Resolution No. 2008 -61 for the renewal
of the Balboa Village BID and confirming the levy of the BID assessment for the 2008 -09
fiscal year.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
Motion,by Council Member Rosansky to adopt Resolution No. 2008 -62 for the renewal
of the Marine Avenue BID confirming the levy of the BID Assessment for the 2008 -09
fiscal year.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
Motion by Council Member Rosansky to adopt Resolution No. 2008.63 for the renewal
of the Newport Beach Restaurant Association BID and levy for FY 2008 -09.
Council Member Webb noted that his vote does not reflect approval for the Restaurant
Week budget.
The motion carried by the following roll call vote:
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Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
23. COST RECOVERY ORDINANCE - CHAPTER 3.36 - FEE RESOLUTION AND
MASTER FEE SCHEDULE (contd. from 5/13108,5127/08 & 6/10108). (100 -20081
Revenue Manager Everroad presented a PowerPoint presentation outlining the proposed
amendments to Chapter 3.36 of the Municipal Code. He emphasized that the ordinance
establishes percentages for services and the Master Fee Schedule sets the fees based on
the ordinance. He described the consultant's recommendations for increases, decreases,
deletions, and phased -in services. He reported that building and planning development
charges will not be imposed for 60 days.
In response to Council questions, City Manager Bludau explained that the rental fee for
the library's meeting rooms are low because the space serves the community and the City
does not make money from the libraries. City Attorney Clauson noted that once the
ordinance is introduced, if Council wants to change a percentage, the ordinance will need
to be reintroduced. She emphasized that a fee, as listed in the resolution, cannot be
changed if it does not match the percentage of recovery. Revenue Manager Everroad
indicated that the City will realize about $3.5 million of revenue with the phasing in of
fees; however, $5 million is estimated to be received once all the fees are at its maximum.
City Manager Bludau referenced Section 3.36.030.D and reported that he occasionally
waives fees for non -profit organizations. Following discussion, it was the consensus of
Council to include language in the ordinance that allows the City Manager to use his
discretion on whether to waive fees of up to $1,000 for non - profit organizations and to
provide Council with a quarterly report on what organizations received a fee waiver.
Motion by Council Member-Webb to introduce Ordinance No. 2008 -14 amending
Chapter 3.36 of the NBMC, including the provision that allows the City Manager to use
his discretion on whether to waive fees of up to $1,000 for non - profit organizations and to
provide Council with a quarterly report on what organizations received a fee waiver;
and direct staff to bring back the Master Fee Schedule for adoption at the next meeting.
Mayor Selich opened the public hearing.
Anne Broussard, Roseann Andrus, and Diamond Tran provided a handout relative to
Orange County childcare facilities, discussed the importance of preschools and daycare
facilities, and expressed concern about the fire inspection fees increasing from $194 to
$729 for daycare facilities. Revenue Manager Everroad confirmed that the fee reflects
100% recovery and would be phased in.
Following discussion, it was the consensus of Council to change the 100% recovery of this
fee to 25 %.
Amended motion_ by. Council. Member Curry to introduce Ordinance No. 2008 -14
amending Chapter 3.36 of the NBMC, including the provision that allows the City
Manager to use his discretion on whether to waive fees of up to $1,000 for non -profit
organizations and to provide Council with a quarterly report on what organizations
received a fee waiver, and an addition of a separate category in the Fire Department
related to daycare facilities being charged at a 25% recovery level; and direct staff to bring
back the Master Fee Schedule for adoption at the next meeting.
Council Member Curry emphasized that improved customer service should be provided to
account for the increased development fees. City Manager Bludau clarified that the
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increased fees will assist with the improvements that have been implemented and the
additional improvements that the Building and Planning Departments want to provide.
Council Member Henn noted that services will be improved as the fees are phased in.
Further, the performance measurement process will be used to determine if the
departments are meeting their goals and to set higher targets thereafter.
The amended motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
24. SIGNAL PEAK VERIZON TELECOMMUNICATIONS FACILITY PERMIT
(TELECOM PERMIT NO. 2008 -002) - 21474 VISTA RIDGE ROAD (APPLICANT -
VERIZON WIRELESS). 1100 -20081
Mayor Pro Tom Daigle recused herself.
Assistant Planner Novo provided the staff report and noted that there are five other 65-
foot towers on the peak and that the neighbors support the project so they could receive
better cell service.
Motion by Council Member Rosansky to approve Telecommunications Permit No.
2008 -002 subject to the findings and conditions of approval in Attachment No. 1 of the staff
report.
Mayor Selich opened the public hearing.
Matt Vigil, Verizon Wireless, stated that the tower would enhance cell service and that the
request is an enhancement to the existing cell site.
Hearing no further testimony, Mayor Selich closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Selich, Council Member
Webb, Council Member Curry, Council Member Gardner
25. FURY ROK & ROL SUSHI LOUNGE (CODE RESTAURANT) - USE PERMIT NO.
2008 -043.
City Attorney Clauson provided the staff report and reported that the settlement
agreement has been fully executed by Fury and the property owner.
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Rosansky to adopt Resolution No. 2008 -64 approving Use
Permit No. 2008 -043.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XVI. PUBLIC
Bernie Svalstad suggested that the City create a historical committee and budget in the future for
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a facility to house the history of Newport Beach in one location.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
26. PLANNING COMMISSION AGENDA FOR JUNE 19, 2008.
Planning Director Lepo reported on the following items: Fury Rok & Rol Sushi Lounge
(PA2005 -087) - 4221 Dolphin Striker Way; Housing Element (PA2008.078); Santa Barbara
Condominiums (PA2004 -169) - 900 Newport Center Drive; Powers Residence (PA2007 -176)
- 2223 Pacific Drive; AERIE project (PA2005 -196) - 201 -205 & 207 Carnation Avenue &
101 Bayside Place; and General Plan Progress Report (PA2007 -195).
XVIII. CONTINUED. BUSINESS
27. 2008 -09 BUDGET ADOPTION. 1100 -20081
In response to Council questions, Public Works Director Badum indicated that 128 trees
will be planted on MacArthur Boulevard - 64 will be in 24 -inch boxes and grow to 12 feet,
and 64 will be in 36 -inch boxes and grow to 16 feet.
Peter Rooney, Newport Harbor Football Boosters President, stated that he is representing
concerned parents of Corona del Mar High School and Newport Harbor High School whose
children use the field. He described the condition of the field, noted that the School
District does not have the funds to re -sod the field, reported that they have already raised
$103,000 of the $137,000, and would appreciate Council approving the $30,000 request.
He pointed out the parents and students in attendance that also support the request.
Jan Vandersloot expressed support for re- sodding the field as it would help prevent
injuries.
Peggy Fort, Sherry Drury, Barry Pierson, Jim Walker, and Wendy Boyd noted that the
Restaurant Association Business Improvement District (BID) is proposing a second
Restaurant Week, stated that they may consider holding the event during the weekend in
order to involve hotels, discussed their goals for the event, and noted that the event assists
the restaurants and the community during these economic times.
Ron Hendrickson asked Council to approve the $100,000 for harbor dredging.
Budget Checklist
Council pulled the following items off the Budget Checklist for discussion; Restaurant
Week items, artificial turf for Bonita Creek Park, landscape improvements on Bristol,
Balboa Vision Plan, Balboa Boulevard median and parkway landscape between 32nd
Street and Coast Highway, and the grant to the Orange County Film Commission. Mayor
Pro Tem Daigle requested that $24,000 be added to the checklist for the Newport Bay
Naturalists and Friends.
Motion by Qouncil Member Curry to approve the remainder of the Budget Checklist,
except for the items removed or added for discussion.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
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Restaurant Association Business Improvement DistrictlRestaurant Weeks
Discussion ensued relative to the Restaurant Association BID providing matching funds,
how much the City should assist financially with the events, and the merits of the events.
Motion by Council Member Curry to allocate the Newport Beach Restaurant
Association Business improvement District $35,000 as a matching fund, $50,000 for the
January 2009 Restaurant Week, and $50,000 for the fall 2009 Restaurant Week.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
Artificial Turf on Bonita Creek Park
Recreation and Senior Services Director Morgan and General Services Director Harmon
discussed the difficulties of maintaining the fields at Bonita Creek Park, and reported that
the fields are closed for maintenance 5.5 months of the year when other parks are down
only for six weeks, that this field is one of the only lit fields in the City, and that they have
not conducted much research relative to artificial turf or discussed this with the Parks,
Beaches and Recreation Commission or youth sports groups. Council Member Gardner
noted that the Coastal/Bay Water Quality Committee supports using artificial turf due to
its environmental benefits.
Motion by Council Member Webb to allocate $200,000 for study and design relative to
having artificial turf at Bonita Creek Park and to conduct maintenance on the field so it is
more usable this fiscal year; and bring the issue to the Parks, Beaches and Recreation
Commission and youth sports groups for possible funding assistance.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
Balboa Vision Plan
Council Member Henn noted that he supports the project; however, without objection, he is
withdrawing the request for funding at this time since the Newport Harbor Nautical
Museum is conducting a visioning study.
Landscape Improvements on Bristol
Discussion ensued relative to how much money should be allocated to this project, if this
project should be phased in, if all the landscaping projects should be lumped together, and
what type of ground covering should be used. Council received confirmation that the north
side of Bristol will be covered first.
Motion _by MayQr. Pro Tem Daiele to allocate $120,000 for the north side of Bristol, and
have staff explore options for ground covering and come back to Council with a
recommendation.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Curry, Council Member Gardner
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Noes: Council Member Webb
Balboa Boulevard Median and Parkway Landscape Design and Improvements
between 32nd Street and Coast Highway
Without objection, Council Member Henn requested that the allocation be reduced
to $100,000.
Grant to Orange County Film Commission
City Manager Bludau discussed the commission and reported that the City has never
provided funding to the commission.
Motion by Council Member Gardner to remove the grant to the Orange County Film
Commission from the Budget Checklist.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Daigle, Mayor Selich, Council Member
Webb, Council Member Curry, Council Member Gardner
Absent: Council Member Rosansky
Newport Bay Naturalists and Friends
Mayor Pro Tem Daigle indicated that the Naturalists catalogue species in the Back Bay
and that this funding would assist in continuing this effort.
Motion by ..Council Member Gardner to allocate $24,000 to the Newport Bay
Naturalists and Friends.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
2008 -2009 Budget Adoption
Motion by Council. Member Henn to adopt Resolution No. 2008 -65 approving the City's
2008 -09 budget, as amended by the Budget Checklist.
Council Member Henn reported that' there is a reduction in the City's expenses by
$607,000 and an increase in revenue by $1,055,000, but pointed out that this does not
reflect the reductions just made to the Budget Checklist.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
28. APPOINTMENTS TO BOARDS AND COMMISSIONS. (100 -2008)
Deputy City Clerk Brown read the ballot votes for the Board of Library Trustees as
follows:
Lynn Crutchley (Henn, Rosansky, Daigle, Webb, Curry, Mayor Selich)
Nancy Thompson (Gardner)
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Deputy City Clerk Brown announced that Lynn Crutchley has been appointed to the
Board of Library Trustees for a four -year term.
Deputy City Clerk Brown read the ballot votes for the City Arts Commission as follows:
Rita Goldberg (Rosansky, Daigle, Curry, Gardner, Mayor Selich)
Robert Smith (Henn, Daigle, Webb, Gardner, Mayor Selich)
Carol Starcevic (Henn, Rosansky, Webb, Curry)
Deputy City Clerk Brown announced that Rita Goldberg and Robert Smith have been
appointed to the City Arts Commission for a four -year term.
Deputy City Clerk Brown read the ballot votes for the Civil Service Board as follows:
Debra Allen (Henn, Rosansky, Daigle, Curry, Gardner, Mayor Selich)
Mickey Dunlap (Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich)
Clint Hoose (Webb)
Deputy City Clerk Brown announced that Debra Allen and Mickey Dunlap have been
appointed to the Civil Service Board for a four -year term.
Deputy City Clerk Brown read the ballot votes for the Harbor Commission as follows:
Marshall "Duffy" Duffield (Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich)
Deputy City Clerk Brown announced that Marshall Duffield has been reappointed to the
Harbor Commission for a four -year term.
Deputy City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation
Commission as follows:
Tom Anderson (Henn, Webb)
Kathy Hamilton (Rosansky, Daigle Curry, Gardner, Mayor Selich)
Deputy City Clerk Brown announced that Kathy Hamilton has been appointed to the
Parks, Beaches and Recreation Commission for a four -year term.
Deputy City Clerk Brown read the ballot votes for the Planning Commission as follows:
Drew Emmel (Curry, Gardner, Mayor Selich)
Robert Hawkins (Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich)
Charles Unsworth (Henn, Rosansky, Daigle, Webb)
Deputy City Clerk Brown announced that Robert Hawkins has been reappointed and
Charles Unsworth has been appointed to the Planning Commission for a four -year term.
Council Members Henn and Curry indicated that they were impressed with the quantity
and quality of the applicants. Council Member Webb encouraged Council to try to get
more applicants from their districts.
531. APPROVAL OF JOB DESCRIPTION, RECRUITMENT PLAN AND TIMELINE
FOR CITY CLERK RECRUITMENT. [100 -20081
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Council Member Henn discussed the maximum proposed salary, but noted that the
committee would like more time to look at total compensation data. He indicated that the
timeline is flexible, and that internal and external candidates will be considered equally
for the position. Human Resources Director Ramsey noted that the job flyer can go out as
planned with language about the maximum salary and discussed the reason that the
timeline is quick.
In response to Council questions, Human Resources Director Ramsey indicated that the
recruitment period depends on where the City will be recruiting from and advertising the
position. She stated that the full Council, not just the committee, can receive a binder of
all the qualified candidates' applications and the screening matrix in order to make
recommendations. If Council decides to go dark the second meeting in August, Council
Member Henn stated that the interviews will probably be conducted in early September.
Motion by Council Member Webb to a) authorize the use of City Human Resources to
directly manage the recruitment process for the City Clerk position under the direction of
the Ad Hoc Committee; and b) approve the recommended job description, recruitment plan
and timeline, qualifications, and maximum salary but permit the Ad Hoc Committee
latitude to adjust it without needing to come back to Council.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
532. DETERMINATION OF THE CITY ATTORNEY RECRUITMENT PROCESS. (100-
80081
Council Member Webb discussed the proposed recruitment process and recommended that
Item 1 of the RFP for the recruitment consultants be amended to read, "Review documents
provided by the City and interview City Council Members to gain familiarity with the City,
including major issues and challenges." He added that the committee is not asking
Council to approve the job description tonight. He noted that the J my 21 date in Exhibit C
should be July 22. Regarding the salary, the committee will be asking the recruiting
consultant to make recommendations to come back to Council.
Council Member Henn suggested including an Essential Attributes section in the job
description and that it does not need to come back to Council if the committee is satisfied
with it. Additionally, he recommended that Council meet after the last interview in
November to discuss if an offer should be made to one of the candidates and authorize the
recruiting consultant to make the offer, pending receipt of satisfactory reference checks.
Regarding the salary, he suggested looking at total compensation, rather than just the
salary amount.
Motion by Council Member Webb to a) authorize the use of a recruitment consultant to
assist in obtaining candidates for the City Attorney position, direct staff to send out a
Request for Proposals (RFP) as soon as possible, and direct the Ad Hoc Committee to
review the proposals and make a recommendation to the City Council at the July 22, 2008,
Council meeting on the firm to retain for the recruitment process; b) include the
suggestions and amendments made relative to the job description, timeline, and job
description and required qualifications, so finalized recommendations can be brought back
to the City Council for approval at the July 8, 2008 City Council meeting; and c) postpone
the determination of the City Attorney's salary range until the recruitment consultant has
been retained and can make recommendations, and direct the City Manager to have the
Human Resources Department prepare a salary survey of City Attorney and City Manager
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June 24, 2008
salaries for positions of similar responsibility and duties in Southern California.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
533. SELECTION OF FIVE FINALISTS FOR CITY HALL AND PARK DESIGN
COMPETITION (C4114). 1381731100 -20081
Assistant City Manager Kiff reported that 51 Requests for Qualifications (RFQ) were
received and the City Hall and Park Master Plan Committee selected five firms to send
letters to and engage them in a contract to do a conceptual plan. He stated that all the
firms are fairly local but also have a national presence.
Motion by Council Member Rosansky to ratify the recommendations of the City Hall
and Park Master plan Design Committee by selecting the following firms to go forward in
the Design Competition for the City Hall and Park Master Plan project and authorize the
City Manager to enter into stipend agreements with these firms: Boblin Cywinski Jackson,
Gonzales Goodale Architecture, Johnson Fain, LPA, and Rossetti Architects.
Jan Vandersloot complimented the committee and noted that the firms cannot forget that
the building will be next to a park.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XD:. CURRENT BUSINESS
29. APPROVAL OF A TEN YEAR AGREEMENT WITH CLEAN ENERGY, INC. FOR
INSTALLATION AND OPERATION OF A COMPRESSED NATURAL GAS (CNG)
FUELING STATION (C- 4060). (381100 -20081
General Services Director Harmon reviewed the staff reports, the benefits of having a
Compressed Natural Gas (CNG) fueling station, and the opportunity for AQMD grants if a
public access station were built. He noted that no comparisons were conducted relative to
how much savings the City would realize if it built the facility instead of Clean Energy.
Motion_ M Council Member Curry to approve the terms and award a ten -year
agreement with CE through July 1, 2018 for the installation and operation of a
compressed Natural Gas (CNG) fueling facility.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
30. SALES TAX SHARING AGREEMENT FOR NEWPORT EUROPEAN MOTORCARS,
LTD. OF NEWPORT BEACH.
Economic Development Administrator De Santis reviewed the staff report and highlighted
the amount the City will be receiving and the non - monetary benefits of the expansion. She
stated that Newport European Motorcars will provide reports annually, not quarterly, and
the agreement will not exceed ten years. She requested that the Covenant be amended to
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June 24, 2008
delete the annual base sales tax adjustment (Section 4.1.1.a) and that the contract be
approved even though there are some blanks. She indicated that the information will be
received in a couple of days.
In response to Council questions, Assistant City Manager Wood confirmed that for the
Lexus agreement, the contract terminates if a certain amount is reached; however, this
agreement does not have that condition. She indicated that the Council Members on the
Economic Development Committee reviewed the contract, but not the entire EDC. Council
Member Webb suggested placing a $400,000 cap on the contract.
Motion by Council Member Curry to approve the Tax Sharing Agreement, including
the amended Covenant, and authorize the Mayor to execute the contract, subject to
approval of the contract as to form by the City Attorney.
David Murphy, Newport European Motorcars, explained the difference between the new
and old sites and pointed out that the new site will only be used for car sales, not service,
and that the existing site has already been leased to someone else. He reported that they
will be moving into the new site in December.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky; Mayor Pro Tern Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - Adjourned at 11:00 p.m. in memory of Newport Beach Firefighter
Kevin Pryor
The agenda for the Regular Meeting was posted on June 18, 2008, at 4:15 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building. The supplemental agenda for the Regular Meeting was posted on June 20,
2008, at 1:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
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