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HomeMy WebLinkAbout10/28/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 28, 2008 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:38 p.m. III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Excused: Council Member Henn VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Rosansky VIII. INVOCATION - Martha Korienek, Saint Michaels and All Angels Episcopal Church IX. PRESENTATIONS - None X. NOTICE TO THE PUBLIC XI. CITY. COUNCIL ANNQUNCEOENTS OR MATTERS WHICH. COUNCIL MEMBERS WOULD LIKE PLACED. ON A FUTURE AGENDA. FOR DISCUSSION, ACTION_ OR REPORT (NON - DISCUSSION I_TEM): Council Member Gardner announced that the next meeting of the Task Force on Green Development will be held on Wednesday, November 5, at 9:30 a.m. in the Council Chambers. Council Member Curry announced that on October 21, he and Council Member Gardner participated in the groundbreaking ceremony for the Pelican Hills Road/North Newport Coast Drive improvements. Mayor Pro Tern Daigle reported that the Recreation and Senior Services Department and General Services Department improved the landscaping around the sign at a community center in an effort to conserve water. She commended staff for looking at technology in order to improve efficiency and save money. Mayor Selich announced that he attended the Chamber of Commerce barbeque to honor Newport Beach firefighters and lifeguards on October 15; viewed "Morning Light" at the Newport Harbor Nautical Museum during its fundraiser on October 15; and attended the Chamber of Commerce Member Appreciation Breakfast on October 24. Volume 59 - Page 5 City of Newport Beach City Council Minutes October 28, 2008 XII. CONSENT CALENDAR A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 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. ORDINANCE FOR ADOPTION 3. ELIMINATING THE USE OF EXPANDED POLYSTYRENE DISPOSABLE FOOD SERVICE WARE WITHIN NEWPORT BEACH'S CORPORATE LIMITS. [100 -20081 Adopt Ordinance No. 2008.17 banning expanded polystyrene (Styrofoam ®) food service ware within Newport Beach's corporate limits. C. RESOLUTIONS FOR ADOPTION 5. DISABILITY RETIREMENTS OF CITY EMPLOYEES; AND INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS OF LOCAL SAFETY EMPLOYEES WHO ARE MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS), AND RESCINDING RESOLUTION NO. 2006 -27. [100 -20081 a) Adopt Resolution No. 2008 -89 delegating authority to the City Manager to act on behalf of the City with regard to disability retirements of City employees; b) establishing a procedure for industrial disability retirement determinations of local safety employees who are members of PERS; and c) rescinding Resolution No. 2006 -27. D. CONTRACTS AND AGREEMENTS 6. PROFESSIONAL SERVICES AGREEMENT FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE AERIE PROJECT (C- 4123). [381100 -20081 Receive and file. 7. SELECTION OF CLEAR CHANNEL OUTDOOR AS SOLE BUS SHELTER PROVIDER FOR THE CITY OF NEWPORT BEACH (C- 2839). [381100- 20081 Continued. 8. WEBSITE AND INTRANET REDESIGN PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VISION INTERNET PROVIDERS (C- 4121). 1381100 -20081 Approve a Professional Services Agreement with Vision Internet Providers, Inc. of Santa Monica, for the redesign of the City of Newport Beach website and intranet at a not to exceed price of $80,500 and authorize the Mayor and City Clerk to execute the agreement. 9. PROFESSIONAL SERVICES AGREEMENT FOR HISTORICAL DOCUMENT SCANNING SERVICES FOR FY 2008 -2009 (C4122). [381100- 20081 Approve a Professional Services Agreement with MCO - Advanced Document Imaging Solutions for historical document scanning services in an amount not to exceed $50,000 for FY 2008 -2009. 10. BIRCH STREET PAVEMENT REHABILITATION - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3792). [381100 -20081 a) Approve the completed 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 Volume 58 - Page 6 City of Newport Beach City Council Minutes October 28, 2008 Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one year after Council acceptance. 11. JAMBOREE ROAD IMPROVEMENTS (BRISTOL STREET NORTH TO FAIRCHILD ROAD) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING (C- 4071). [381100 -2008] a) Approve a Professional Services Agreement with VA Consulting of Irvine, for the Jamboree Road Improvements (Bristol Street North to Fairchild Road) project at a not to exceed price of $295,359, and authorize the Mayor and City Clerk to execute the agreement; and b) approve a budget amendment (09BA -019) recognizing additional Measure M Competitive GMA funds in the amount of $250,000 from Orange County Transportation Authority (OCTA) and appropriating $250,000 to Account No. 7284- C2002019 for the Jamboree Road Improvements Project. 12. CENTRAL LIBRARY BOOKSTORE RENOVATION - ACCEPT DONATIONS FROM TH FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH LANDWORKS LLC. (C4006) [381100 -20081 a) Approve a budget amendment (09BA -020) recognizing contributions in the amount of $200,000 from Friends of the Newport Beach Library for improvements to the Central Library Bookstore Renovation project and appropriating $200,000 to Account No. 7011- CI002008; and b) approve Amendment No. 2 to the Professional Services Agreement with Landworks, LLC for additional design and construction engineering services in the amount of $24,500 and authorize the City Manager and City Clerk to execute the amendment. E. MISCELLANEOUS 13. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE. 1100 -20081 Transfer incumbent EDC member Jim Donnell to fill the vacancy representing Fashion Island /Newport Center and appoint Jeffrey Cole to fill the At -Large vacancy. Motion_ by _Mayor. Pro. Tem.Daigle to approve the Consent Calendar, except for the items removed (1 & 4); and noting the continuance of Item 7. The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tom Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Council Member Henn XIII. ITEMS_ REMOVED FRQN THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 14, 2008. [100 -2008] Waive reading of subject minutes, approve as written and order filed. Council Member Gardner requested that Oral Reports (Page 603) be amended to read, "...drafted a proposed ordinance." Motion_by,Counail Member,Gardner to approve the amended minutes. The motion carried by the following roll call vote: Volume 58 - Page 7 City of Newport Beach City Council Minutes October 28, 2008 Ayes: Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Council Member Henn 4. SEJOUR EUROPEAN BISTRO & LOUNGE APPEAL - 3400 VIA LIDO - REVOCATION OF USE PERMIT NOS. 2001 -005 AND 2002 -034 (PA2002 -167) (contd. from 10/14/08). [100 -2008] Planning Director Lepo reported that the following conditions that are listed in the staff report have been amended: Condition 1 (clarifies that wine tasting is in conjunction with the retail wine sales), Condition 4 (amends the language so that each wine tasting is conducted pursuant to the Department of Alcohol and Beverage Control regulations for wine tasting), and Condition 5 (amends the language so that the gross sales for onsite wine tasting does not exceed the gross retail sales under the Type 21 ABC license during the same period). He confirmed that casual seating will be permitted in Unit A2 and discussed advertising. He reported that Christine Overstreet, Sejour owner, agrees with the revisions. Motion by Mayor Pro,. Tem Daigle to adopt Resolution No. 2008 -88, as amended, revising or deleting certain conditions of approval contained in Planning Commission Resolution No. 1762 as follows: a) amend Condition 1 to clarify that wine tasting is in conjunction with retail wine sales, the primary and principle use of the establishment as retail sales will be conducted in Unit Al, and wine tasting and education seminars will be conducted in Unit A2; b) amend Condition 2 to allow casual seating in Unit A2 (dining tables and chairs shall be prohibited in both areas); c) delete Condition 3 to allow seating at the wine tasting bar; d) amend Condition 4 so that each wine tasting is done pursuant to the Department of Alcohol and Beverage Control (ABC) regulations for wine tasting; e) amend Condition 5 so that the gross sales for onsite wine tasting does not exceed the gross retail sales under the Type 21 ABC license during the same period; f) amend Condition 7 to allow limited appetizers to be served in conjunction with wine tasting and wine educational seminars; g) amend Condition 8 to extend the hours of operation to 12:00 a.m. midnight on weekends (Friday, Saturday, and Sunday); h) delete Condition 9 to eliminate the "cold kitchen' restriction; and i) amend Condition 13 to allow non - amplified music from a single instrument. The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Council Member Henn )UV. ORAL REPORTS. FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Daigle stated that the Aviation Committee received a report about the Go Local Program from Consultant Peggy Ducey relative to traffic created by John Wayne Airport (JWA). Mayor Selich announced that the City Hall Design Committee will be bringing a recommendation to Council at the November 12 meeting. He noted that displays of the five City Hall proposals are located at City Hall, the Central Library, and Newport Coast Community Center. XV. PUBLIC COMMENTS - None XVI. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT Volume 58 - Page 8 City of Newport Beach City Council Minutes October 28, 2008 14. PLANNING COMMISSION AGENDA FOR OCTOBER 23, 2008. [100 -20081 Planning Director Lepo reported on the following Planning Commission item: Hyatt Regency Newport Beach Expansion (PA2005.212) - 1107 Jamboree Road. XVII. CON..TINUED BUSINESS 15. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL PRIORITIES FOR 2008. 1100 -20081 City Manager Bludau provided a status report on the following six Council priorities: new City Hall, Facilities Financing Plan (FFP), group residential homes, Water Quality Master Plan (WQMP), benchmarking, and the Banning Ranch property appraisal. City Attorney Clauson reported on a tentative court ruling relative to the group homes case against the City by Pacific Shores. In response to Mayor Pro Tem Daigle's questions regarding the WQMP, City Manager Bludau discussed budget allocations and options, and confirmed that budget discussions will also involve how it affects other City services. Without objection, the staff report was received and filed. 16. REVIEW THE COUNCIL APPROVED BOARDS, COMMISSIONS AND COMMITTEES LIST, AND CONSIDER SUNSETTING OR ELIMINATING COMMITTEES. [100 -20081 City Manager Bludau discussed nine committees that may potentially be sunsetted or eliminated - Ad Hoc Committee to Promote the Revitalization of the Balboa Peninsula (PROP), City - School Ad Hoc Committee, Oil and Gas Field Operations Committee, July 4th West Newport Safety Planning Committee, Neighborhood Traffic Calming Committee, 1/1 Memorial Committee, City Clerk Ad Hoc Recruitment Committee, and City Attorney Ad Hoc Recruitment Committee. He also also discussed how issues could be handled without the committee and reported that he will bring back a resolution at the next meeting to reaffirm Council's direction. Council Member Gardner believed that the Newport Coast Advisory Committee (NCAC) should be sunsetted since the committee has met its main goals relative to the annexation and the community center; however, she will contact the committee for their input. She also recommended changing all committee membership guidelines so that a committee member can be replaced after three consecutive excused absences, as opposed to just three consecutive unexcused absences. Council Member Rosansky indicated that the July 4th West Newport Safety Planning Committee requested that the committee not be sunsetted. Motion 1y- Council Member Webb to bring back a resolution at the next Council meeting to sunset or eliminate committees. The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Council Member Henn Volume 58 - Page 9 City of Newport Beach City Council Minutes October 28, 2008 XVIII. CURRENT BUSINESS 17. REVENUE AND INVESTMENT UPDATE. (100 -2008] Administrative Services Director Danner reviewed the four main sources of City revenue [secured property tax, Transient Occupancy Tax (TOT), business licenses, and sales tax], revenue indicators, and the City's financial status. He emphasized that it is still early in the fiscal year to make revenue predictions, but the City currently appears to have net positive revenue. He noted that staff will bring a report back at a Study Session to explain how the City collects business license tax and to discuss enforcement. He stated that the City's sales tax revenue is very diversified; however, there is a decline in sales tax receipts for the current fiscal year. He reported on the investment policy, the five money managers and investment advisors the City utilizes, and the investment firms reporting requirements. City Manager Bludau noted that all five investment advisors were invited to the meeting but only two could attend tonight. Rod Olea, Director of Fixed Income for City National Bank, discussed their reporting and meeting requirements, and reviewed the investment portfolio. He noted that the City's portfolio is safe, has high liquidity, and is competitive. Marty Cassell, CEO of Chandler Asset Management, discussed the company and how the safety of their clients' portfolio is their primary focus. He also discussed economic indicators, basic guidelines for managing the City's portfolio, and how the City's portfolio is diversified and doing well. Lori Morris believed that the sales tax trend is the City's revenue indicator for the rest of the year, expressed concern about the assumptions made, asked what position the City will be in if the assumptions are incorrect, and took issue with spending millions to replace City facilities. Renee Powers asked if foreclosures and discounted principles were considered when making property tax assumptions. City Manager Bludau emphasized that since payments for the different revenues are received at different times during the budget cycle, the City will not know the impact of the economic downturn until the end of the fiscal year. He reported that if the City does not meet its budget, Council will need to make budgetary decisions relative to cuts or utilizing reserve funds. Administrative Services Director Danner discussed Council Policy F -3 (Budget Adoption and Administration) and reported that the City has about $60 million in its General Fund reserves. He further explained how reassessed property valuations will only affect the City's property tax revenues by about $300,000. Mayor Selich emphasized that the amounts discussed are revenue projections, the City will monitor the funds throughout year, and will make adjustments if needed. In response to Council questions, Administrative Services Director Danner confirmed that the City's current PERS actuarial analysis decreased 1% but the current economic issues will not be reflected in the actuarial yet. Regarding the TOT, he noted that the Pelican Hills Resort was not considered in the budget trends because it will not open until November 26. He confirmed that the City's budget projections have been consistently conservative over the past 18 years and described how the City handled the economic downturn in the 1990s. He also explained why the City received a financial award (Helen Putnam Award) from the League of California Cities at the October 14 meeting. Volume 68 - Page 10 City of Newport Beach City Council Minutes October 28, 2008 Without objection, the staff report was received and filed. 18. TEMPORARY EXTENSION OF THE LENGTH OF TIME PERMITTED FOR THE DISPLAY OF PROMOTIONAL TEMPORARY BANNERS. (100 -20081 Assistant City Manager Wood reported that the Economic Development Committee recommended the temporary banner extension from 60 days to 120 days until the end of 2009 to assist businesses during these economic times, and that staff is recommending that businesses be allowed to advertise eight times a year, instead of just four times a year, not to exceed 120 cumulative days. She confirmed that none of the other sign regulations are changing. Motion by Council Member Curry to adopt Resolution No. 2008 -90 allowing businesses to display promotional temporary banners for 120 days per calendar year through December 31, 2009. The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Absent: Council Member Henn XIX. MOT_I.ON,F.QR RECONSIDERATION - None XX. ADJOURNMENT - Adjourned at 8:23 p.m in memory of Martha George to Saturday, November 8, 2008, at 8:30 a.m., Fairmont Hotel, 4500 MacArthur Boulevard [Salt Creek Boardroom] - Closed Session (City Attorney interviews) The agenda for the Regular Meeting was posted on October 22, 2008, at 2:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Y rP1' v - f 4 ` } Mayor Volume 58 - Page 11