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HomeMy WebLinkAbout06/22/2010 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting June 22, 2010 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION A. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation (Government Code § 54956.9(c)): One matter: Potential initiation of litigation against Back Bay Court Property Company, a California Limited Partnership, for condemnation of right -of -way needed for the Jamboree Road Widening Project. B. Conference with Labor Negotiators (Government Code § 54957.6): Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee Organization: Multiple Newport Beach associations: Police Employees Association (PEA), Police Management Association (PMA), Newport Beach Employees League (NBEL), Newport Beach Professional & Technical Employees Association (Prof - Tech), and Newport Beach City Employees Association (NBCEA) C. Conference With Legal Counsel - Existing Litigation (Government Code § 54956.9(A)): One matter: City of Newport Beach vs. Leason - OCSC Case No. 30- 2008- 00102565 III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR. MEETING V. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT - Regarding Item A, City Attorney Hunt reported that Council voted 6 to 1 with Council Member Selich voting no to authorize the filing of eminent domain action and instructed the Office of the City Attorney to proceed with mediation if agreed to by the other party. Regarding Item C, he clarified that the litigation was between the City of Newport Beach vs. Lesson and Lu, reported that Council authorized the Mayor to execute a settlement agreement only with Mr. Lu resolving the matter in its entirety, and noted that Council voted 7 to 0. VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Henn Volume 59 - Page 511 City of Newport Beach City Council Minutes June 22, 2010 VIII. INVOCATION - Mr. Frank Carpenter Df. PRESENTATION Flag Presentation - Gary Tegel and Justin Power of the Utilities Department, who served in Kuwait and Iraq, thanked the City for their support and presented the City Manager and Mayor with a flag and employer support certificate. Council Member Webb thanked them and stated that it takes a lot of courage to fight for our Country and Mayor Curry thanked them for making the City proud. 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) Mayor Curry announced that Council will not discuss the Hoag Development Agreement and noted that the item will be brought back to Council on July 27, 2010. Mayor Pro Tem Henn announced that on Friday; July 18, 2010, he and Mayor Curry attended the Nautical Museum's Grand Opening where they revealed their latest exhibit called Sea of Adventure and invited residents to visit. He also announced that a safety zone has been established for the 4th of July Celebration and that the Police will be proactive in educating visitors and residents in advance of the changes. He noted that the City is taking a positive step forward for a fun and safe 4th of July. Council Member .Daigle stated that residents' number one concern is police protection. She thanked Police Chief Luman and staff for their recent accomplishments in the department stating that the crime rate has decreased and the number of arrests has increased, the response system has been updated, a critical incident manual and a windshield survey was developed, a new manual called the Lexipol was implemented, training bulletins are being utilized, promotion testing for all ranks are being conducted, the Command staff is unified, a Facebook site was established, best practice standards were implemented, and the budget is under control. Council Member Gardner asked staff to come back with a proposal for a Bicycle Committee. She stated that their mission will be to implement the proposals of the Bicycle Task Force and act as a liaison in regional bicycle matters. Council Member Webb announced that he will be the Grand Marshal of the'Parade of Bicycles on July 3, 2010, at Mariners Park at 10:30 a.m. and invited residents to attend. Mayor Curry announced that on June 11, 2010, he participated in the Chamber of Commerce Annual Citizen's of the Year dinner honoring Rod Rodheim for his lifetime of service to the City, attended the United States Conference of Mayors in Oklahoma City, visited Newport Coast Elementary School, held a Meet the Mayor session on Saturday, June 18, and invited residents to attend a Civic Center Open House on Tuesday, June 29, 2010 in the Friends Room at the Central Library from 4:00 p.m: to 7:00 p.m. where staff will be available to answer questions and provide the schedule of the new project. XII. CONSENT CALENDAR A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS Volume 59 - Page 512 City of Newport Beach City Council Minutes June 22, 2010 1. MINUTES OF THE SPECIAL MEETING OF JUNE 2, 2010, AND ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JUNE 8, 2010. [100 -2010] 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. ACCEPTANCE OF THE CALIFORNIA DEPARTMENT OF ALCOHOL BEVERAGE CONTROL 2010/2011 GRANT TO SUPPLEMENT THE POLICE DEPARTMENTS ONGOING EFFORT IN ADDRESSING ALCOHOL- RELATED PROBLEMS AT RETAIL ALCOHOL ESTABLISHMENTS. [100 -2010] a) Accept the California Department of Alcohol Beverage Control (ABC) 2010/2011 Grant Assistance Program (GAP) Grant Award in the total amount of $26,315 to supplement the Police Department's ongoing effort in addressing alcohol- related problems at retail alcohol establishments; b) authorize the Administrative Service Director to establish revenue and expenditure accounts in the General Fund to facilitate the administration of.these funds; and c) adopt Resolution No. 2010 -64 accepting the GAP Grant Award on behalf of the City. 4. BOND REIMBURSEMENT AUTHORIZATION FOR CIVIC CENTER EXPENDITURES. [100 -2010] Adopt Resolution No. 2010 -65 that reaffirms the City's intent to reimburse itself for project costs incurred prior to possible future debt issuance for the Civic Center project. C. CONTRACTS AND AGREEMENTS 5. LEGAL ADVERTISING BID FOR FISCAL YEAR 2010 -2011. [100 -2010] Accept the bid of The Daily Pilot and authorize a purchase order for the one- year period of fiscal year 2010 -2011. 6. AUTHORIZATION TO CONTINUE A CONTRACT WITH VAN SCOYOC ASSOCIATES REGARDING ADVOCACY FOR DREDGING PROJECTS: LOWER NEWPORT BAY AND THE SANTA ANA RIVER MARSH/NEWPORT. SLOUGH (C -4032). [381100 -2010] Authorize the City Manager to enter into a Professional Services Agreement of up to $60,000 for one year with Van Scoyoc Associates to advocate for dredging the Lower Bay and the Santa Ana River Marsh. 7. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH.'MCO - ADVANCED DOCUMENT IMAGING SOLUTIONS FOR .HISTORICAL DOCUMENT DIGITAL ARCHIVING SERVICES (C- 4122). [381100 -2010] Approve Amendment No. 1 to Professional Services Agreement with MCO - Advanced Document Imaging Solutions for historical document digital archiving servioes to increase the contract amount by $26,000 and to extend the term of the contract to June 30, 2012. 8. APPROVAL OF SOFTWARE LICENSE AND PROFESSIONAL SERVICES AGREEMENT WITH NORTHROP GRUMMAN (C- 4566). Volume 59 - Page 513 City of Newport Beach City Council Minutes June 22, 2010 [381100 -20101 a) Approve an expenditure of $121,547 to upgrade the Police Department's Computer Automated Dispatch (CAD) software from Windows 2000 Operating System to Windows XP Professional; b) authorize a single - source contract with Northrop Grumman (formerly PRC), the product manufacturer of the Police Department's CAD System; and c) authorize the Mayor to execute a Software License and Professional Services Agreement contract with the vendor as approved as to form by the Office of the City Attorney. 9. NEWPORT COAST COMMUNITY CENTER AUDIOVISUAL EQUIPMENT (C4199) - AWARD OF CONTRACT. [381100 -20101 a) Approve the project drawings and specifications; b) award the contract (C -4139) to GMF Sound, Inc. for the total bid price of $119,793, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $11,979 (10 %) to cover the cost of unforeseen work. 10. REGISTRATION SOFTWARE UPGRADE WITH ACTIVE NETWORK TO PROVIDE RECREATION CLASS REGISTRATION, MEMBERSHIP, POINT OF SALE AND. FACILITY RESERVATION SERVICES (C- 4567). [381100 -20101 a) Authorize the waiver of Council Policy F-5, the adopted purchasing guidelines, and authorize the Recreation and Senior Services Director and the City Attorney, or his designee, to negotiate with the sole source vendor The Active Network (TAN) for maintenance support and hosting data to upgrade the existing software of Recware Safari to ActiveNet which provides online. recreation class registration; membership, and facility reservation services; b) approve a three -year contract, with option to renew annually after the first three years with TAN; and c) authorize the City Manager to negotiate and execute contract extensions at the end of the initial three -year contract on a year -to -year basis. 11. AMENDMENT NO. 1 TO CONTRACT WITH GC ENVIRONMENTAL, INC. FOR MAINTENANCE/REPAIR SERVICES FOR THE NEWPORT TERRACE LANDFILL GAS CONTROL SYSTEM (C -4212). [881100-20101 a) Approve Amendment No. 1 to the Contract with GC Environmental, Inc. (GCE) in the amount of $66,206.00 for an additional one (1) year (FY 2010 - 2011) of Operation, Monitoring and Maintenance (OM &M) of the Newport Terrace Landfill Gas Control System (System). 14. APPROVAL OF A FIVE YEAR AGREEMENT WITH THE COUNTY OF ORANGE FOR :MOORING MANAGEMENT SERVICES IN NEWPORT HARBOR (C- 4569). 1381100 -20101 a) Approve and authorize the Mayor and City Clerk to execute a.Cooperative Agreement with the County of Orange for mooring management in Newport Harbor for five years; b) approve Budget Amendment No. IOBA -055 for FY 2009/10 for the Cooperative Agreement for $180,000 from Unappropriated Reserves (Tidelands) to account #2371 -8080 (Professional and Technical Services). 15. SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA, L.P. FOR FINAL ENGINEERING EVALUATION DESIGN AND PERMITTING SUPPORT FOR THE RHINE CHANNEL CONTAMINATED SEDIMENT CLEANUP PROJECT (C4304). [381100• 20101 a) approve Amendment No. 2 to the Professional Services Agreement with Anchor QEA, L.P. to prepare the final engineering evaluation, design anc Volume 59 - Page 514 City of Newport Beach City Council Minutes June 22, 2010 permitting support for the Rhine Channel project; and b) approve Budget Amendment No. 10BA -054 for the scope of work for $307,460 and for permit fees and air quality mitigation credits for $71,035 from Unappropriated Reserves (Tidelands) to Capital Improvement Project #7231- C4402001 (Newport Harbor Dredging Project). D. MISCELLANEOUS 16. PLANNING COMMISSION AGENDA FOR JUNE 17, 2010. [100 -20101 Receive and file written report. 17. APPOINTMENT OF DANA SMITH AS ALTERNATE BOARD MEMBER TO METRO CITIES FIRE AUTHORITY, [100 -2010] Appoint Assistant City Manager Dana Smith as the Newport Beach Alternate Member of the Metro Cities Authority Board of Directors. 18. 2010 DRINKING WATER QUALITY REPORT ON PUBLIC HEALTH GOALS. [100 -2010] Receive and file. Motion by Mayor Pro Tem Henn seconded by Council Member Rosanskv to approve the Consent Calendar, except for the items removed (12 & 13); and noting that Item 15 (Professional Services Agreement with Anchor.QEA, L.P. for Final Engineering Evaluation, Design and Permitting Support for the Rhine Channel Contaminated Sediment Cleanup Project) has a new project schedule attached to the report. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 12. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND THE ORANGE COUNTY MUSEUM OF ART. (OCMA) TO CREATE A SCULPTURE PARK AT THE CIVIC CENTER (C- 4568). 1281100 -20101 Council Member Rosansky requested a brief presentation from staff. City Manager, Kiff stated that the agreement is to approve a sculpture garden at the new Civic Center Park project which will allow placement of temporary and permanent art and he briefly discussed the art sites and proposal. In response to Council Member Webb's question, City Manager Kiff stated the OCMA will make their recommendations to the Arts Commission who in turn will present follow up recommendations to Council. In response to Mayor Pro Tem Henn's question, City Manager Kiff clarified that the art areas controlled by the -City will have more public traffic than the areas controlled by OCMA. In response to Council Member Selich's question, City Manager Kiff clarified that recommendations for the maintenance of the sculpture garden will be brought to Council as a part of the budget. Mayor . Curry expressed support'for the agreement stating that the City has the opportunity to use one of the most prestigious art collections, noted that the Volume 69 - Page 515 City of Newport Beach City Council Minutes June 22, 2010 space will have international recognition in terms of its significance, thanked the Arts Commission for helping conceptualize the idea, expressed confidence in the Art Commissioner's role in making the vision a reality, believed that the art will enhance the site, and discussed the possibility of the garden being included in the California Biennial Art Exhibit. Council Member Webb also thanked the Arts Commission and stated that this will be a wonderful opportunity for the City to add more art in public places. Motion by Mayor Curry, seconded by Council Member Webb to approve the proposed MOU .between the City of Newport Beach ( "City ") and OCMA to create a Sculpture Park at the Civic Center, and authorize the City Manager to enter into a License Agreement with OCMA to provide OCMA access to the Civic Center site. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 13. CIVIC CENTER AND PARK - GEOTECHNICAL OBSERVATIONS AND CONSTRUCTION MATERIAL TESTINGS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. (C- 4527). [381100 -20101 In response to Council Member Daigle's question, Public Works Director Badum stated that there were several firms that qualified; however, Leighton Consulting, Inc. had the most experience with the project. He noted that staff clarified that their rates, fees, and charges were consistent with other qualified firms, explained that the contract is with the City in which C.W. Driver gets no benefit, and briefly discussed changes to Council Policy F -14 which will be proposed to Council at a later date. In response to Council Member Webb's question, Public Works Director Badum stated that the contract is a professional service agreement using the quality based selection method and expressed confidence that Council will be satisfied. City Attorney Hunt reiterated that the agreement is a professional services contract in which the City is allowed to negotiate to acquire the best price and was previously requested by Council. Motion by Council Member Webb. seconded by Council Member _Gardner to approve a Professional Services Agreement (PSA) with Leighton Consulting, Inc. (Leighton) of Irvine, to conduct geotechnical observations and construction materials testing for the Civic Center and Park Project at a not -to- exceed contract price of $326,563.00, and authorize the Mayor and City Clerk to execute the agreement. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported that the next Citizens Aviation Committee meeting will be held on Monday, June 28, 2010 at the Central Library. She stated that the City is continuing to work with John Wayne Airport on improvements to Duke 2 to prepare for the next phase and . Volume 59 - Page 516 City of Newport Beach City Council Minutes June 22, 2010 noted that the FAA and the Airport has acknowledged their shortcomings in Duke 2. Council Member Webb added that the Comittee is working to move Duke 3 farther into the center of the Bay and expressed concern for overflights on the westerly side of the Bay. Council Member Gardner reported that EQAC is considering the proposal to expand the smoking ordinance to parks and other public places. Mayor Pro Tem Henn reported that the Citizens Technology Committee will be presenting a report to Council at the second meeting in July with recommendations on how to reorganize the technology of the City. He commended residents for volunteering and offering their expertise, noted that it has been a great process, and believed that their results will yield some good strategy information. XV. PUBLIC COMMENTS Casey Clark requested to speak to someone about the mulch in the Bay, asked for a referral for a doctor stating that she is ill from the water, and expressed appreciation for the dredging. Council Member Gardner invited Ms. Clark to attend a Coastal/Bay Water meeting on July 8, 2010 to explore her issues. XVI. PUBLIC HEARINGS Without objection, Mayor Curry combined Items 19 -22 and stated that Council will vote on the items separately. Mayor Curry opened the public hearing. Economic Development Coordinator Bowden stated that no written protests were received. Hearing no testimony, Mayor Curry closed the public hearing. 19. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVY OF ASSESSMENT FOR THE RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010-2011.[100-20101 Motion by Council Member Rosansky, seconded by Council Member Webb to adopt Resolution No. 2010 -66 confirming the levy of assessment for the for the renewal of the Balboa Village Business Improvement District (BID) confirming the levy of the BID .assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 20. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVY OF ASSESSMENT FOR THE RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010-2011.[100-20101 Motion by Council Member Rosansky seconded by Council Member Webb to adopt Resolution No. 2010 -67 confirming the levy of assessment for the renewal of the Volume 59 - Page'517 City of Newport Beach City Council Minutes June 22, 2010 Marine Avenue Business, Improvement District (BID) confirming the levy of the BID assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 21. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVY OF ASSESSMENT. FOR THE RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010-2011.[100-20101 Motion by Council Member Rosanskv. seconded by Council Member Webb to Conduct public hearing; and b) adopt Resolution No. 2010 -68 confirming the levy of assessment for the renewal of the Corona del Mar Business Improvement District (BID) confirming the levy of the BID assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 22. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION CONFIRMING THE LEVY OF ASSESSMENT FOR THE RENEWAL OF THE-BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2010-2011.[100-20101 Motion by Mayor Pro Tem Henn, seconded by Council Member Webb to adopt Resolution No. 2010 -69 confirming the levy of assessment for the renewal of the Restaurant Association Business Improvement District (BID) confirming the levy of the BID assessment for the 2010 -2011 fiscal year, unless during the Public Hearing the Council received protests representing 50 percent or more of the total assessment amount. The motion carried by the following roll call vote: Ayes: Council Member Selich; Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 23. ' CODE AMENDMENT TO ALLOW THE CHANGE OF A FRONT -YARD SETBACK ESTABLISHED ON DISTRICTING MAP NO. 24 FROM 38 FEET TO 16 FEET (PA2010 -017). [100 -20101 Mayor Curry opened the public hearing. Joe Silvoso I1, President of Irvine. Terrace Community Association, expressed support for the Code Amendment. Hearing no further testimony, Mayor Curry closed the public hearing. Volume 59 - Page 518 City of Newport Beach City Council Minutes June 22, 2010 Motion by Council Member Webb, seconded by Council Member Rosansky to introduce Ordinance No. 2010 -11 approving Code Amendment No. CA2010 -002, and pass to second reading on July 6, 2010. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 24. DIAGNOSTIC AND INTERVENTIONAL SPINAL CARE (D.I.S.C.) (PA2010 -062) - 3501 JAMBOREE ROAD AND 301 BAYVIEW CIRCLE - PLANNED COMMUNITY AMENDMENT NO. PD2010 -004 AND TRAFFIC STUDY NO. TS2010 -002 - ADDING OUTPATIENT SURGERY AND MEDICAL OFFICE AS PERMITTED USES, ADDING PARKING REQUIREMENT OF 7/200 SQUARE FEET FOR SUCH USES, AND FINDING THAT THE TRAFFIC STUDY COMPLIES WITH THE TRAFFIC PHASING ORDINANCE. [100 -2010] Assistant Planner Whelan reported that the traffic study concluded that the project will not create a significant impact at the study intersections and staff recommended that Council introduce the Ordinance finding that the traffic study complies with the Traffic Phasing Ordinance. In response to Council Member Gardner's question, Assistant Planner Whelan stated that the Braykob's reside in the Bayview Planned Community. Council Member Daigle noted that the Planning Commission recommended approval of the project, stated that the building is 73% vacant which is a great economic development opportunity, and expressed appreciation for SK Hart's willingness to invest in the City. Motion by Council Member Daigle seconded by Council Member Webb to a) introduce Ordinance No. 2010 -12 approving Planned Community Amendment No. PD2010 -004, and pass to second reading on July 6, 1020; and b) adopt Resolution No. 2010 -70 finding that the traffic study complies with the Traffic Phasing Ordinance, and based on the weight of the evidence in the administrative record, including Traffic Study No. TS2010 -002, the construction of the Project will be completed within 60 months of the project approval, the Project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection, and no improvements or mitigations are necessary The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle S26. HOAG MEMORIAL HOSPITAL PRESBYTERIAN — DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE REVIEW (C-2912).[38/100-20101 Motions Council Member Rosansky, seconded by Council Member Webb to continue the item to the July 27, 2010 meeting. The motion carried by the following roll call vote: Volume 59 - Page 519 City of Newport Beach City Council Minutes June 22, 2010 KAUI� Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 25. APPOINTMENTS TO BOARDS AND COMMISSIONS. [241100 -20101 Mayor Curry stated that Planning Commissioner Scott Peotter provided a letter of resignation withdrawing from consideration for another four -year term. He noted that Mr. Peotter has agreed to extend his term to July 31, 2010 to allow time for him to complete the Zoning Code Amendment. In response to Council Member Rosansky's question, City Attorney Hunt stated that changing the term does not violate the Brown Act and is consistent with the Charter and other City regulations. Mayor Curry thanked all residents that applied and congratulated the new appointees. Council Member Gardner suggested that, applicants express why they are interested in a certain committee and that they provide what significance they can bring, which will aid Council Member's in the evaluation of the applications. City Clerk Brown read the ballot votes for the Board of Library Trustees as follows: Gloria Alkire (Daigle) Jerry King (Selich, Rosansky, Webb, Gardner, Mayor Pro Tem Henn, Mayor Curry) City Clerk Brown announced that Jerry King is appointed to the Board of Library Trustees for a four -year term. City Clerk Brown read the ballot votes for the Arts Commission as follows: Gilbert Laskey (Selich, Rosansky, Webb, Gardner, Daigle, Mayor Pro Tem Henn, Mayor Curry) City Clerk Brown announced that Gilbert Laskey is reappointed to the Arts Commission for a four -year term. City Clerk Brown read the ballot votes for the Civil Service Board as follows: Douglas Coulter (Selich, Rosansky, Webb, Gardner, Daigle, Mayor Piro Tem Henn, Mayor Curry) City Clerk Brown announced that Douglas Coulter is reappointed to the Civil Service Board for a four -year term. - City Clerk Brown read the ballot votes for the Harbor Commission as follows: Chandler Bell (Selich, Rosansky, Webb, Mayor Curry) (Webb, Mayor Curry) Duncan McIntosh(Selich, Rosansky, Daigle, Mayor Pro Tem Henn) (Selich, Rosansky, Gardner, Daigle, Mayor Pro Tem Henn) Volume 59 - Page 520 City of Newport Beach City Council Minutes June 22, 2010 Richard Reyna (Gardner) Karen Rhyne (Selich, Rosansky, Webb, Gardner, Daigle, Mayor Pro Tem Henn, Mayor Curry) Douglas West (Webb, Gardner, Daigle, Mayor Pro Tem Henn, Mayor Curry) City Clerk Brown announced that Karen Rhyne is reappointed and Douglas West and Douglas McIntosh are appointed to the Harbor Commission for a four -year term. City Clerk Brown read the ballot votes:for the Park, Beaches, and Recreation as follows: Tom Anderson (Selich, Rosansky, Webb, Gardner, Daigle, Mayor Pro Tem Henn, Mayor Curry) Ron Cole (Selich, Webb, Daigle, Mayor Pro Tem Henn, Mayor Curry) Jack Tingley ( Rosansky) Jack Wu (Gardner) City Clerk Brown announced that Tom Anderson is reappointed and Ron Cole is appointed to the Parks, Beaches, and Recreation Commission for a four -year term. City Clerk Brown read the ballot votes for the Planning Commission as follows: Fred Ameri (Webb, Gardner, Daigle, Mayor Curry) Steven Coyne(Selich, Rosansky, Gardner) City Clerk Brown announced that Fred Ameri is appointed to the Planning Commission for a four -year term. Motion by Mayor Curry. seconded by Council Member Webb to begin the new Planning Commissioner Fred Ameri's term on August 1, 2010 and extend current Planning Commissioner Scott Peotter's term to July 31, 2010. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 527. RESOLUTION NO. 2010 -71: FISCAL YEAR 2010 -11 BUDGET ADOPTION, BUDGET CHECKLIST ITEMS, POSITION CONTROL, MOORING COSTS, COMMUNITY CASH GRANTS, COUNCIL POLICIES, AND FUND BALANCE AVAILABLE USES. 1100 -20101 City Manager Kiff utilized a PowerPoint to show updated charts reflecting the results of the straw votes made by Council during the Study Session, noted that staff is providing Council with additional information relative to the reclassifications salary changes, and stated that additional. duties will obligate the City to pay staff more money. Volume 59 - Page 521 City of Newport Beach City Council Minutes June 22, 2010 In response to Council Member Daigle's question, Utilities Director Murdoch discussed the role that the ERIP program played in reclassifying positions in his department and explained the salary savings. City Manager Kiff asked Council Members to complete the straw vote from the Study Session meeting. Regarding the straw vote to change the authorized position control, with Council Member Daigle opposing, the. majority of Council indicated support for the motion. Regarding the straw vote on the changes to Community Cash Grants there was unanimous support. In response to Council Member Gardner's question, City Manager Kiff stated that every organization that has an expense to the City of $20,000 or more will request approval from the Special Events Committee. Regarding the straw vote on the Budget Checklist as amended, Council voted in favor of approval. Council voted in favor unanimously for the Mooring Administration costs, adoption of the City's Fiscal Year 2010 -11 Budget, and Policy A -12. Regarding the Balboa Theater, Council approved funding in the current budget and directed that a discussion of the lease, deadlines, and milestones to be scheduled for the July 27, 2010 meeting. Regarding the Wayfmding Sign Program, Council recommended to discuss the subject at the July 27, 2010 meeting. Council Member Daigle expressed concern that legal costs have doubled in three years. City Manager Kiff thanked staff for their hard work on the budget, welcomed feedback from Council, and commended Department Heads for aiding in solving problems. Mayor Curry commended staff for their outstanding efforts of not going into reserves which was accomplished by substantial reduction in workforce, working in partnership with bargaining units, contracting out, good management, and staff focusing on their jobs. Council Member Selich expressed appreciation for staffs approach to the budget by allowing Council the opportunity to focus on the critical areas. Motion by Council Member Webb, seconded by Mayor Pro Tern Henn to a) approved the proposed changes to Position Control; b) approved the proposed Community Cash Grants . as. recommended by the City Manager, including consideration of SEAC's recommendations regarding funding for the Newport Beach Film Festival and the OC Marathon; c) to apply any increase in Mooring Administration costs via the new OCSD Harbor Patrol contract (estimated at $70,000) to Mooring-Permit holders as soon as is practicable given noticing and other, legal requirements; d) adopt Resolution No. 2010 -71 adopting the City's Fiscal Year 2010 -11 Budget, as amended by Items a -c above; e) approve revisions to Council Policy A -12, Council Discretionary Grants, and direct staff to return with revisions to Special Events Policies and NBMC relating to Special Events (NBMC Chapter 11.03); and f) authorize the City Manager to appropriate the following from Fund Balance Available upon the close of FY 2009 -10 or the START Video Reserve: 1) approve the funding of the Balboa Theater — Design Completion - $175,000 and that a discussion of the lease, deadlines; and milestones to be brought back to Council on July 27, 2010; and 2) continue the Wayfinding Sign Program — Project Completion — up to $250,000, but tied to actual bid amounts if less than $250,000 to the July 27, 2010 meeting. Volume 59 - Page 522 City of Newport Beach City Council Minutes June 22, 2010 The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT - Adjourned at 8:18 p.m in memory of Carol Jewell and Dorothy Jo Swanson. The agenda for the Regular Meeting was posted on June 16, 2010, at 5:30 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 18, 2010, at 2:15 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recordingiecretary Mayor NIL City Clerk Volume 59 - Page 523 ,