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HomeMy WebLinkAbout01 - Minutes(101 I 1 1, � W G' tit City Council Minutes Study Session June 11, 2013 — 5:00 p.m I. ROLL CALL - 5:00 mm Present: Council Member Gardner, Council Member Petros, Council Member Selich, Council Member Henn, Co} II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE Regarding Item 11 (Orange County Sanitation D Project), Council Member Gardner ;addressed the efforts to mitigate noise impacts to nearby.neighbo. Public Works Director, Webb re the traffic is low and indicated work will switch to daytime hour .ed Item 14 (Board and Commission Scheduled Vacancies), embers Seliclii'vand Gardner interviewed over 30 candidates, seen such a high quality pool of individuals and it will be an E'decision. >sed Item 4 Resolution of Intention to Renew the Corona del strict) in terms of monies allocated for a website redesign. dM BID is redoing the website for $10,000 and if that is what iount� approved by Council will be used for He pointed out )0 item in the BID budget for the website and requested discrepancy. Mayor Pro Tem Hill" rE noted that he and toul and stated that 1!e has extremely tough appoii CouncilMember Henn Mal6usiness Improve] He,inquired on whethei the.$10,000 supplemen that there was only a Public Informaii Visit Newport I -- -- support. - - - -� that Agenda Item No. 1 June 25, 2013 Hill, Mayor Curry, Dover Drive Trunk Sewer Relief of work and inquired regarding the work at night when As the work progresses, Finnigan reported that the City will pay $10,000 directly to for the BID website, as well as branding and marketing Regarding Item 17 (Fiscal Year 2013 -14 Budget Adoption), Council Member Henn requested clarification relative to the Santa Ana Heights RDA extra money. Finance Director Matusiewicz confirmed that it is not currently reflected in the budget and will be accounted for this fiscal year. It was noted that the matter may be discussed at a later time and, if not, the matter would be rolled into the unassigned fund balance. 2. JULY 4TH UPDATE [100 -20131 Mayor Curry commented on the City's award for its 4th of July Program last year. Volume 61 - Page 189 City of Newport Beach City Council Study Session June 11, 2013 Council Member Henn discussed the progress made in changing the culture of West Newport relative to 4th of July celebrations and expressed his appreciation to Recreation and Senior Services Director Detweiler and her staff, as well as the community for the continued success of the program. Brief discussion followed regarding participation by the Mounted Enforcement Unit and the number of horsesheing used to assist the Police Department. Deputy Police Chief McGill provided a PowerPoint presen Operation Plan. He discussed the goal of a shared vision which included the Loud and Unruly Gathering Ordinar Parade and NBPD operational changes. He also bighliFt He detailed the enforcement philosophy, the safety/er crowd and traffic management, location of the comman Chief McGill reported that the participation of Mounted City, addressed community outreach, and othei ielated'ev Acting Recreation Manager Valdez inv'ite`d'LQo Celebration at Mariners Park starting at 10:30,aa; starting at 9:00 a.m. She addressed new street bi the 4t!' of July Committee Members and sponsors. Council Member Petros commented on `e53ri event, as well as changing the culture to a addressed an upcoming landscaping project c also help change the.cWure and raise the stal Jim Mosher commended i'taff for the success revisiting the matter of closing public parking tation,to detail the 2013 July 4th with /the City and reviewed 2012 ce , LUGO), the Family Friendly Lted,.statistics and plan for 2013. han euient zone, area closures, 1 post, and deployment. Deputy Officers will:'be at no cost to the ents in the City it to the 41st Annual 4th of July and the 4th of July for Families event ers and expressed her appreciation to and tactical planning of the event and destination. He a and believed that this will in of the family- friendly effort and suggested lots. srge-Schroeder con rm6iided,ithe-Newpori Beach Police Department for their efforts to rease public aafety� ;He believea`tlati things are going in the right direction and ssed concen�with the,possibility of decreasing enforcement. He expressed support keeping the publc;parking_�lots closed as a means for crowd control. Curry III. IV. ADJOURNMENT - the Police Department, staff, and the community. - None The agenda for the Study Session was posted on June 6, 2013, at 4:00 pan. on the City's website; on June 7, 2013, at 8:00 a.m. on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive; and on June 7, 2013, at 8:15 a.rrL in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive. Volume 61 - Page 190 City of Newport Beach City Council Study Session June 11, 2013 City Clerk !/f r. ;j Recording Secretary Mayor Volume 61 - Page 191 City Council Minutes Regular Meeting June 11, 2013 — 7:00 p.m. I. STUDY SESSION - 5:00 p.m. II. CLOSED SESSION - 5:45 p.m. A. CONFERENCE WITH REAL PROPERTY Property: 3300 Pacific View Drive, Corona del Agency Negotiator: Dave Kiff .i. Negotiating Parties: Harbor Day School ` Under Negotiation: Instruction to Agency payment of a lease. Code § 54956.8); , California will concern price and terms of B. CONFERENCE WITH LEGAL COUNSEL - 'E3USTING LITIGATION (Government Code § 54956.9(d)(1)) Arnie Pike, et of u City of Newport Beach U.S. District Court CaseNo. CV -08 -8580. DSF (RNBx) U.S. Court of Appeals for the 9th Circuitlbase No. 12 -56074 C. CONFERENCE -WITH LABOWNEGOTIATORS (Government Code § 54957.6): 'Heading Agency `Desig nated Representatives: Dave Kiff, City Manager and Terri IN Cassidy, Human Re3ources Director; Negotiators Employee Organiiations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL) Newport Beach City Employees Association (NBCEA); Newport Beach Employees:.League (LABEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Mana`gement� /rlssociatiori (NBFMA); Lifeguard Management Association (NBLMA); Newport Beach,Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NB PA); Newport Beach Police Management Association (I PMA); and Newport Beach Professional and Technical Association (NBPTEA) III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Volume 61 - Page 192 City of Newport Beach City Council Minutes June11,2013 VI. CLOSED SESSION REPORT - City Attorney Harp reported that there were no reportable actions taken VII. PLEDGE OF ALLEGIANCE - Council Member Henn VIII. INVOCATION - Pastor Bradley Stienstra, Newport Harbor Lutheran Church IX. PRESENTATION R XI. Presentation from Jenny Conde regarding the Vest -A -Dog OC Mayor Curry introduced Jenny Conde, freshman at C to raise funds to purchase bulletproof vests for police Police Officer Vlad Anderson, Club Advisor, and atte mission of the club, its purpose and goal, and express for her contribution and presented her with, a t -sh contributions from local businesses, addressed- "the' clu K -9 Officers who are using the vest and their handler; Police Chief Johnson expressed hi accomplishments and presented them and Members of Council presented a C Mayor Pro Tem Hill commented on the residents to participate. ,ona,del Mar High School, who formed a club ags. Miss Conde2introduced Newport Beach ling members of tbe. club. She addressed the I her' appreciation to Council Member Daigle - OvAdditionally, Miss 'C nde acknowledged s fundraising efforts, and introduced the two Officer Fletcher and Officer Stucken. to `Miss Conde and the club for their in appreciation of their efforts. Mayor Curry ognition�in,appreciation of their efforts. Academy and encouraged Regarding fire rings, Mayor Curry reported that the City has been working with the AQMD who has conducted analyses on the impacts of fire rings and have found that each is the equivalent of a diesel truck driving 564,,fiiiles. He noted the numb\erJof fire rings in the City and commended the AQMD for documenting their impact. He reNorted that members of the AQMD Board approached the City regarding the possibility of conducting a demonstration project using alternative fuels to see if the fire rings could be preserved while miriimizing health impacts. Mayor Curry reported that the details are being worked out and the matter will be presentedto Council at a future meeting. Mayor Curry also reportedt,Ihat he attended an event with Newport Beach Water Polo players in preparation for the Junior Olympics and an Association of Cities Infrastructure Summit. He indicated that he participated in the Balboa Island Parade and in the Arrested Development Banana Stand event hosted by Netflix. He reported attending a reception of the Crystal Cove Alliance, speaking at the City of Newport Beach Leadership Academy, hosting a "Meet the Mayor" event, and attending the Athletic Scholarship Breakfast. He also thanked Ms. Gibson's 3rd Grade Class from Our Lady Queen of Angels School who wrote letters to the Mayor. Council Member Petros reported attending the Newport Harbor High School Jazz Picnic, speaking at the Stop Polluting Our Newport (SPON) annual meeting, and participating in the Ensign Intermediate School Character Awards. Council Member Gardner commented on surf conditions and noted that the information used to be in the Volume 61 - Page 193 City of Newport Beach City Council Minutes Junell, 2013 Daily Pilot. She suggested providing this type of information on the City's webpage, including water temperature, surf conditions and tides. She referenced a prior presentation from the Harbor Commission regarding improving education for paddle boarders and asked about the status of the item. City Manager Ififf indicated that educational information was to be distributed along with business licenses and reported that he will follow up on the matter and report to Council at a future meeting. Council Member Henn announced a meeting of the Balboa Village Advisory Committee (BVAC) on June 12, 2013, at 4:00 p.m. at Exploi•Ocean and addressed items on the agenda; and announced a meeting of the Tidelands Management Committee on June 19, 2013, at 4:00 p.m. in the Civic;Center Community Room. Council Member Daigle provided an update on the City's partnership with the Irvine Ranch Conservancy on Open Space Management. She addressed improvements in Buck %Gully Reserve, public programs throughout the year, volunteer opportunities, and continuing work in4ick Gully. She reported that Recreation and Senior Services Director Detweiler received an award for Excellence in Partnership from the Conservancy at a recent annual event. Council MemberrDaigle also reported, that the Conservancy is in the process of appointing an expanded Board of Directors. She added that`ather request, the City completed an agreement with the Conservancy to conduct interim projects in the Big;Canyon Reserve and addressed goals and long -term plans. She expressed; her appreciation to staff for their'efforts to develop realistic and viable. concepts. V4_N XIII. CONSENT CALENDAR A. C. 2. READING OF and direct the 3. adopt Ordinal A Amending -.. �d�rReuiew of in full of all ordinances under consideration, to read by yANCE NO. 2013 -10 AMENDING TITLE 15 OF THE 4ICIPAL CODE IN RESPECT TO THE PERIODIC REVIEW REEMENTS (PA2013 -082). [100 -20131 Conduct second reading :013 =10, An Ordinance of the City Council of the City of Newport 15.45.080 of the Newport Beach Municipal Code Relating to the nent Agreements (PA2013 -082). 4. RESOLUTION OF INTENTION TO RENEW THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS IN FY 2013 -2014. [100- 20131 a) Approve the Corona del Mar Business Improvement District FY 2012 -2013 Annual Report; and b) adopt Resolution No. 2013 -46, A Resolution of the City Council of the City of Newport Beach Declaring its Intention to Renew the Corona del Mar Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2013 to June 30, 2014, and Fix the Time and Place of a Public Heaving for June 25, 2013. 5. RESOLUTION OF INTENTION TO RENEW THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS IN FY 2013 -2014. [100 -20131 Adopt Resolution No. 2013.47, AResolution of the City Council Volume 61 - Page 194 City of Newport Beach City Council Minutes Junell, 2013 of the City of Newport Beach Declaring its Intention to Renew the Newport Beach Restaurant Association Business Improvement District and Levy Assessments for the Fiscal Year of July 1, 2013 to June 30, 2014, and Fix the Time and Place of a Public Hearing for June 25, 2013, where written and oral protests may be made. ANNUAL MEASURE M FUND ELIGIBILITY REQUIREMENTS. (100 -2013] a) Adopt the Measure M Seven -Year Capital Improvement Program (CIP); b) adopt Resolution No. 2013 -49, A Resolution of the City Council of the City of Newport Beach Concerning the Status of the Circulation Element and the Mitigation Fee Programs affirming that the City's Circulation Element is in conformance with the Regional Master Plan of Arterial Highways ffi (MPAH), and rearming that Council concurs with the existing Mitigation Fee Program; and c) direct staff to submit all necessary material to OCTA "to satisfy the Measure M annual eligibility requirements. , -, .1 8. SUMMARY VACATION OF EXISTING SEWER EASEMENVAT, 901 KINGS. ROAD. [100 -2013] a) Adopt Resolution No. 2013 -50 ;A Resolution of the Cily�'Gouncil of the City of Newport Beach Ordering the Summary Vacation of/an Existing 10 -Foot Wide Sewer Easement at 901 Kings Road (Lot 25, Block E of'Trac!,�219) and Directing the City'Clerk to Record Same with the County Recorder's Office; b) direct staff to process the Summary Vacation, and c) direct the City Clerk to have Resolution No:'_2013 -50 and Summary Vacation documents recorded by the Orange County Recorder. D. CONTRACTS AND AGREEMENTS 9. 2012 -2013 SIDEWALK, CURB AND GUTTER REPLACEMENT PROJECT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 5204. [38/100 -2013] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the-City Clerk to release the`Labor and Materials Bond 65 days after the Notice of Completion hasbeen recorded in accordance with the applicable portions of the Civil Code; and c) release the' Faithful_Performance Bond one year after Council acceptance. 10. 2012 -2013 STREETLIGHT IMPROVEMENT PROJECT - NOTICE OF COMPLETION s; WAND ACCEPTANCE 0F_-,`CONTRACT NO. 5193. [381100 -2014 a) Accept the completed `work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor,and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code; and c) release the FaitiliC tPerformance+Bond one year after Council acceptance. 11. ORANGE `COUNTY SANITATION DISTRICT (OCSD) DOVER DRIVE TRUNK SEWER RELI +EF PROJECT; REIMBURSEMENT AGREEMENT FOR STREET RESTORATION (C- 5493). [381100 -2013] Approve the Reimbursement Agreement with OCSD in the amount of $633,000.00 for street restoration efforts required as a part of the Dover Drive Trunk Sewer Relief Project, and authorize the City Manager and City Clerk to execute the agreement. Mayor Curry and Mayor Pro Tem Hill recused themselves from this item because they are Directors and Alternate Directors, respectively, on the Orange County Sanitation District (OCSD). Without objection, City Attorney Harp recommended having the City Manager execute the agreement rather than the Mayor. Volume 61 - Page 195 City of Newport Beach City Council Minutes Junell, 2013 vq-w 12. APPROVAL OF AN AGREEMENT FOR THE PURCHASE OF TRACTOR -DRAWN QUINT (C- 6494). 1381100 -2014 Approve an Agreement with Pierce Manufacturing, Incorporated of Appleton, Wisconsin, for the purchase of one 2013 Pierce Tractor -Drawn Quint Fire Apparatus for a total cost of $1,148,221.44, including sales tax. E. MISCELLANEOUS 13. PLANNING AGENDA FOR JUNE 6, 2013. [ Calendar, except for the items removed (Items 1, 6 and 14), noting Pro Tem Hill on Item 11, and authorizing the City Manager to exec The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Member Selich, Council Member Henn, Coum 1. 6. MINUTES FOR THE MAY 28, 2013] Council Member Daigle noted that some d the City Clerk has provided an amended se Motion by Council M`e'mb riDaiEle, se, subject minutes, approve as amended, and The motion carried by Ayes: Codncil,Memher Ggrdr , Coouncil Member Henn Abstain: Mayor Pro TemaHill o, SUPPORT FOR INCREASED roll call Mem Pro Tem Receive and file. ,h to approve the Consent by Mayor Curry and Mayor ement relative to Item 11. Curry, Council AND REGULAR MEETING. [100- inute"s. iI by Council b filed from the minutes and that to waive reading of her Petros, Mayor Curry, Council Member Selich, Daigle FOR LOCAL COASTAL PLANNING. [100 -2013] Council Member Petros-diseussed_the City's reduction in staff levels and mainten�nces�£ budgetary __ levels, while doing more for its citizens. He believed that the Coastal Commission has been one of the City's adversdhes for moving forward in its pursuits on behalf of its citizens and expressed opposition to approving., a proposed resolution. He urged Council to oppose the recommendation. Council Member Gardner reported that the Coastal Commission has been underfunded and understaffed for a long time. She expressed concerns that the money will not accomplish its intent and believed that the Coastal Commission has not been a well- managed agency. She expressed the opinion that the money would be better spent by hiring a consultant to analyze the agency for ways to gain efficiencies. She added that, if the culture does not change, hiring new people will not serve a purpose. She discussed the possibility of adding language to encourage real change rather than just adding funding. Council Member Daigle indicated that she was persuaded by Council Member Petros' comments. Mayor Curry agreed and added that the Coastal Commission needs a significant review of their Volume 61 - Page 196 City of Newport Beach City Council Minutes Junell, 2013 WA operations. Motion by Council Member Petros, seconded by Council Member Daigle to deny the request for the City to support additional State funding for the Local Coastal Program planning process established by the California Coastal Act. Council Member Gardner asked if the action would make the Coastal Commission more inclined to not support the City. City Manager Kiff suggested denying funding for additional staff, but supporting funding for the Local Coastal Program. Council Member Pettus indicated that he cannot support the matter, on principle, and noted that the Coastal Commission will probably receive funding, but that the City's Local Coastal Program will not move an''faster as a result. George Schroeder emphasized the City's need to Commission in the future. Denys Oberman agreed with Council Member Manager Kifrs recommendation. She noted the importance of potential revitalization - related p developing a solution that is not as adversarial s Brief discussion followed regarding the amount of Program. The motion carried by the following roll Ayes: Council Member Petros, Mayor Pi Member Daigle h Noes: Council Member Gardner, Council 14. BOARD AND NOMINEES. [_ negotiate any projects with the Coastal sr 's comments and encouraged enacting City to work with the Coastal Commission and the within the Coastal Zone. She recommended ti °Council Member Petros iiaeSrecommended_ involved in developing a Local Coastal Council Member Selich, Council VACANCIES - .CONFIRMATION OF Council Member Csardner reported tkai=sbe -Mayor Pro Tem Hill, and Council Member Selich interviewed candidates for Boards and Commissions, and emphasized the quality of candidates that applied. She suggest4-,changa to Council Policy -A -2 (Board, Commission and Committee Appointments) relative to iequiring two or more applications for each vacant seat, allowing the Ad- Hoc G mmittee to make strong nominee recommendations, and possibly provide candidates the opportunity, to provide a short presentation. �j Motion by Council Member Gardner, seconded by Mayor Pro Tem Hill to a) waive the portions of Council Policy?A -2 (Board, Commission, and Committee Appointments) for the Building and Fire Board of:Appe a Nominations relative to requiring two or more applications for each .., vacant seat and not allowing a person to serve for more than two consecutive four -year terms; and b) confirm the nominations made by the Ad Hoc Appointments Committee, as listed in the staff report. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle PUBLIC COMMENTS ON NON - AGENDA ITEMS Jerry Russell discussed financial responsibility and commented on the Fox Lawson & Associates study commissioned by the City of employee wages and a budget item that sets aside monies for art. He expressed concerns relative to City employee pensions and unnecessary spending, and believed that City Volume 61 - Page 197 City of Newport Beach City Council Minutes Junell, 2013 XVI. workers are well paid. Mayor Curry noted that the results of the study indicated that, relative to other cities, Newport Beach City employees are paid less. He also clarified that Council decided to set aside 2% of development fees into a fund that can be used to build facilities and provide permanent art on behalf of the City. Lama Curran believed that the piece of art located outside of the Council Chambers should be relocated for increased visibility. John Packer expressed concerns regarding increases in public employee,'6mpensation when compared with the private sector. He referenced prior Council actions regarding,total compensation and noted that the compensation study made no comparisons to private sector compen ation. He believed that studies do not normally conclude that employees are overpaid and added that the, study is invalid. and biased. He suggested looking at turnover and, when an employee leaves, .post the jobsignificantly below what the previous employee was paid. j Council Member Petros announced that the first Bicyc. held on June 17, 2013, in the Civic Center Community Council Member Selich reported on a recent meeting Implementation Committee and stated that the -next mee Additionally, he reported that the Building Committee -met the Civic Center site, including landscaping along MacAr h appearance of the sail and lights at,night. !� XVII. PUBLIC HEARINGS ri 15. MOBILITIE TELE NEWPORT COAST She proceeded to leave the dais. Plan Oversight Committee meeting will be 4:30 p.m. General Plan/Local Coastal Plan )e on June 26, 2013, at 3:30 p.m. day and discussed issues related to rd,;and lighting issues related to the FOR OBELISK LOCATED AT 20661 since she has an economic conflict with the Community Development Director Brandt introduced the item. Associate Planner Nueno utilized [ PowerPo`hit presentation to, provide an overview of the proposal, address accommodations for the twc carriers , n a'dtidiscuss the roject site, lease area, surrounding properties, existing conditions, the proposed structure, and equipment area and screening. She displayed photo simulations, wirelese coverage before and aftei the installation of the proposed facility, and alternative sites, anc discussed the recommendations. Council Member Gardner questioned the alternative sites relative to compliance with the company'e mission statement and inquired about the height of the structure compared to the propose antennas. She believed that the proposed structure is obtrusive and does not serve the residents. In response to Council questions, Associate Planner Nueno reported that the County owns the property and will need to sign off on the telecommunication application; however, because it is t telecommunications project within the City's jurisdiction, the City is required to review the application. Mayor Curry opened the public bearing. Margaret Chang, representing Mobilitie, reported that there is an existing T- Mobile facility on the Volume 61 - Page 198 City of Newport Beach City Council Minutes June11,2013 second alternate site that was previously permitted when it was under the jurisdiction of the County and has since been annexed to the City. She noted that the site is zoned open space and there is a limit to the number of telecommunications facilities in that zone and pointed out that the other alternate facility is controlled by Caltrans who will not allow 24 -hour access: In response to Mayor Pro Tem Hill's question, Ms. Chang reported that Verizon is already located at the gas recovery site and addressed challenges with the height. She also addressed the application process and a provision in the City's Municipal Code that notes a preference to have the cell tower be an architectural element instead of a faux tree. She addressed o: lielisks in nearby cities and r believed it was the best design they could develop without having,any existing structures in the area. o� Gary Jabara, Founder and CEO of Mobilitie, presented information,on his company and addressed their right to erect cell towers and facilities on public rights -of -way. e, stated that the issue is not about vanity, but about utility and necessity, and commented on incidehts that might have been avoided if there were cell coverage. He addressed efforts by the company,to,improve public safety and reported that the facility will provide cell service to a much needed section of the City. Dan Wampole, President of the Newport Ridge'Homeowners Association and Vice,Tresident of the Tesoro Homeowners Association, spoke in opposit onto the proposed project, but agreed that there is a need for increased cell coverage.. He believed that there are other possible locations and . commented on potential areas that could;provide coverage-without having a negative impact on open space. �^ Jim Walker spoke in support of the project due to that the area is a landfill and believed that the stri Denys Oberman believed that the propose at". alternatives that woul$ serve;the same objectives and asked that the Council demand an alternative for cell coverage in the area. He noted 7ucture is obtrusive and that there are other . She expressed concern with loss of open space design. George Schroeder believ'd'- that`the-inatter iO, public safety issue and stressed the need for adequate, cell "co"v re age in that area. He encouraged Council to take action on the matter to ensure appropriate coverage forthe area\ Cyritlua Jolly, representing`Mobilitie rstressed that the project has been four -years in the making and no - !l hat it is consistent with the General Plan and the Zoning Code. She commented on the future use of the landfill asd a golf course and addressed alternative designs. She urged Councff to approve the item and reported that Caltrans denied their application based on their need for 24- hour access to the.area near the toll road location. In response to Council:•Member Henn's questions about public outreach, Ms. Chang reported that Mobilitie followed the)proper zoning process and addressed public noticing. Council Member Henn expressed concern with the company's lack of effort to work with the surrounding homeowners. There being no further testimony, Mayor Curry closed the public hearing. Council Member Henn acknowledged the need for cell coverage in that area, but expressed the need for independent analysis of the applicant's statements. Associate Planner Nueno addressed the independent review process for similar projects, but indicated that it was not conducted on this application. She added that staff was in communication with Caltrans and they confirmed that the application was denied. She reported that Sage Hill School was also evaluated, but it was determined that it would not meet the required coverage area. Volume 61 - Page 199 City of Newport Beach City Council Minutes Junell, 2013 Mayor Pro Tem Hill stated that he would like to know what other creative designs might be available and asked about the criteria for evaluating locations. Council Member Gardner asked if there were any raised areas that could be used in order to allow for a shorter tower. - Mayor Curry agreed that cell service is needed in that area, but expressed the opinion that there should be more involvement with the homeowners associations and neighbors in order to find the right location and develop better aesthetics. He suggested continuuig'the matter until Council's first meeting in July to give Mobilitie and the neighbors the opportunity to work with each other to possibly develop a different alternative. /1 Community Development Director Brandt meeting in July. 23, 2013 City Council meeting in order for issues. Council Member Petros indicated that he will suppc expectation that the project returns to Council with the aesthetic objectives. Community Development Director Brandt r the continuance. ^ Mr. Jabara asked aboutyth possible impli Mobilitie can begin action to t'. ke possession explained that the company hs worked on t] suggested height ofthe structure. He addres of the adjacent residence -have been notified. develop a mutually- agreeable:alternatiie:_._. ontiriuing the matter to the second itL Henn to Conti' `ue the item to the July homeowner associations to discuss the motion, adding that it would be with the rent plan for the site that would achieve the applicant's concurrence to ions of continuiing the matter and reiterated that rough condemnation of any public right -of -way. He project for four years and discussed the need for the methods to stealth the facility and reported that all e., agreed to work with the City and homeowners to The motion carried bv`the followina roll call vote: Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Selich, Council Membe Henn 16. ADOPTION�OF FISCAL YEAR 2013 -14 APPROPRIATIONS LIMIT. [100 -20131 City Manager Kff�introdced the item, noted that this is a routine matter, and requested that Council adopt the Fis%a1 rY'ear 2013 -14 Appropriations Limit. Motion by Council Member Gardner, seconded by Council Member Petros to adopt Resolution No. 2013 -52, A Resolution of the City Council of the City of Newport Beach Determining and Establishing an Appropriations (Gann) Limit for Fiscal Year 2013 -14 in accordance with Article XIIIB of the California Constitution and Government Code Section 7910, in the amount of $159,433,819. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle 17. RESOLUTION NO. 2013 -53: FISCAL YEAR 2013 -14 BUDGET ADOPTION. 1100 -20131 Volume 61 - Page 200 City of Newport Beach City Council Minutes Junell, 2013 City Manager Kiff introduced the item, addressed prior meetings regarding the budget, highlighted the budget checklist, and deferred to staff for a report. Finance Director Matusiewicz utilized a PowerPoint presentation to provide an overview of the proposed budget. He addressed the budget review process, prior meetings, consistency with the General Plan, and recommendations. He also presented details of the budget checklist, including revisions to the General Fund Operating Budget. C, Without objection Mayor Curry clarified that Checklist Items 3, 7,,11 and 12 have been pulled for separate consideration. , f_ Finance Director Matusiewicz presented the proposed Non- GeheralTund checklist and the proposed revisions to the CIP checklist. He addressed proposed revenue adjustments and City Manager Kiff stated that the first item on this checklist relates to a Southera�k�California Edison (SCE) contribution for a pilot project and addressed the appropriation. City Manager Kiff addressed Management Cp, Lawson & Associates (FLA) report is a study t employee's classification and compensation. He for anyone. He emphasized that this is a requi for $35,000 is for one -time bonuses, is noti P,ER& highlighted previous versus current City, Mafia and noted that he is earning approximately$ addressed the rationale for setting compensation so. City Manager Kiff pointed out that City`,emp agencies, and emphasized -that setting rans, recommended. / Y sation Adjustments and stated that the Fox - s'part of a larger study in order to set every ed that the report did not recommend raises ntlof.PERS and clarified that the budget item and will, be spread amongst executive staff. He ompensation, including pension contributions, )0 less tkan the previous City Manager. He es was well Wthe process and benefits of doing ,s teii846 pay more in pension costs than other not raise wages and that no raises are being Council Member Daigle acknowledged her Council colleagues for opposing PERSable merit pay increases and noted that- ,- Coun_cil has worked effectively to reform pensions over the years. She addressed flawaF:with the TI A study- related_to the Librarian position and not considering total compensation, and `believed that the City sliould hire consultants that have a credible methodology and that Council should,N provided with information regarding median salaries. CotLiid Member Henn reported on hieli experience in the private sector as a Chief Financial Officer and Chief Administrative Officer for Fortune 500 companies. He indicated that FLA is a reputable consultant and that the overall approach and structure of what they have recommended is within the norm of-good practices for such activities, whether it relates to private industry or public governance. He',-addressedithe need for salary ranges and the compensation philosophy, and noted that it does not md,an that everyone should be paid at the 50th percentile. He emphasized that compensation must go, hand -in -hand with performance evaluations and commented on the flaws of a recent Orange County Register editorial on this topic and added that the City will manage compensation and performance on the basis of objective facts and support Following discussion, Council Members indicated support of Management Compensation Adjustments (Item 3) on the Budget Checklist. Regarding Checklist Item 7 (Newport Bay Conservancy), Council Member Gardner acknowledged the Conservancy's work, but expressed concerns with the City getting involved in capacity building. Council Member Daigle reported that there has been some instability in their organization, addressed the new Board, and indicated that the people on the Board are very committed. She reported that the purpose of the fund would be for a part -time Executive Director who will provide direction and stability to the Conservancy. Mayor Curry indicated that he shares Council Member Volume 61 - Page 201 City of Newport Beach City Council Minutes Junell, 2013 Gardner's concern and believed that the Conservancy should settle their operational issues and then return to Council for programmatic recommendations in the future. It was the consensus of the City Council to have the Conservancy return with a funding request in the future. Without objection, Council Member Petros suggested setting conditions prior to funding the matter and having them return with a supplemental request. Regarding Checklist Item 11 (Transition to Cultural Arts Contract), City Manager Kiff reported the item relates to the recent retirement of the City Arts Coordinator and the transitioning of the position to an independent contractor rather than having a Cit. � taff position. There was no Council objection. fi Mayor Curry noted that Item 12 is being funded by a contrihiitioniof $50,000 from SCE. There was no Council objection. fl'' Regarding the Arts and Culture Master Plan (CIP Checklist Item 4), City Manager Kiff reported on projects that the item could be used for and indi'c ted that the amount of`thctiallocation is a high estimate and that Council would review the contract before the actual expendi&icE' Regarding Street Light Rehabilitation (CIP Checkli'st'Item 3), Public Works Director Webb reported that the item relates to the replacement of the last two remaining circuits. He addressed energy efficiency and noted savings to the City. Council Member Gardner noted the need for this, especially in order to meet the goal of becoming aii energy- efficient City.. Mayor Curry added that this is an investment in efficiency and an equity investmdnt_for the wesNide of the City. Council Member Henn requested and received a sumy:frem City Manager Kiff relative to the funding status of the proposed Challenge \Loan'' the Balboa Theater, to the effect that an assignment of a portion of the existing FF1PyReserve would be made as a placeholder pending completion of Councii consideration of the loan , Mayor Curry opened the public hearing. Jim Mosher-commented on,'the creation`of. _an Arts Commission and the expectation that the Commission would make recommendations to Council on anything related to arts and culture, including contracting outthe position of an Arts Coordinator. Laura Curran recommended that staff provide a calendar regarding hearings related to the review and consideration of the budget. She stated that she is looking forward to upcoming discussions as projects move forward. 1 There being no`f wither testimony, Mayor Curry closed the public hearing. 1. Motion by Council Member Henn, seconded by Mayor Pro Tem Hill to adopt Resolution No. 2013 -53, A Resolution of the City Council of the City of Newport Beach Adopting the Budget for the 2013 -14 Fiscal Year. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle Mayor Curry expressed his appreciation to staff for their efforts in putting together the budget and for their leadership. Volume 61 - Page 202 City of Newport Beach City Council Minutes Junell, 2013 Council Member Petros expressed his appreciation to staff for helping him throughout the process. XVIII. CURRENT BUSINESS 18. CIVIC CENTER AND PARK PROJECT CLOSE OUT ACCOUNTING (C- 4527). (381100 - 20131 Assistant City Manager Badum utilized a PowerPoint presentation to address the proposed recommendations, and highlight the contingency budget, general ,,eonditions, and construction support. He reported that the changes are outside of the contract scope due to Building Code issues, City requirements, unforeseen conditions, design enhancements; sand gaps in the plans. He also addressed design omissions, noting the complexity of the design.- and allowances put in place to account for them. r' �:� In response to Council questions, Assistant City into with C.W. Driver is a Contractor - Manager were listed under that contract as deliverable: Badum reported -that the contract entered contract, and the City also made additions that were no0ncb that the City set up a contract contingency to co've'r those negotiate the change orders. He addressed increasing, gene basis since the added requirements caused the contract t to ;ex added construction support. He presented,a breakdown of'c noted that the City saved money by taki g- advantage of red Assistant City Manager Badum reported that value.engin( design process. ract, a set of glans and specifications conditions we iie\'not included in the led in the original` contract. He added change orders and staff continues to al conditions on a time- and - materials end longer than anticipated, as well as anges, including respective costs, and iced financing and construction costs. !ring, items were recorded during the Mayor Pro Tern Hill commented on valu6),received from the change orders and C.W. Driver's cooperation in dealing and negotiating with) subcontractors. He commented positively on the 6% change order rate, noting thatj�most other project are given a 10% contingency. `, \ Assistant City Manage\ Badum_ -- concluded by1 presenting details about general construction conditions anii- ad'rhessed'tita'sks complet d; _construction support, and project costs to date. He believed;that the project has been a good investment overall. Debra Allen commented on the dverall costs and noted items not addressed by the architect. She thanked Council Member`:Selich aridthe Building Committee for salving some of the omissions, includmconsideration of the neighbors' concerns regarding landscaping and lighting. She presented pictures of the Civic Center from her home and addressed the requirements for the installation of` landscaping to assist in screening the project site. She expressed support for screening the parking structure and addressed the lighting, which was also included in the EIR. Denys Oberman noted'that it is the design professional's responsibility to be aware of Building Code requirements and deliver plans that assure Code compliance, and it is the construction manager's responsibility to review plans and determine what needs to be done for a plan to be considered adequate. She acknowledged the existence of unforeseen conditions and urged Council to hold the design firm and construction manager accountable for what they may or may not have done. She believed that design enhancements should receive additional scrutiny, encouraged Council to send the item back to staff and reject the matter, and believed that the amounts requested are excessive. Barry Allen suggested that staff continue negotiations and return with an adjusted amount since there are still projects that need to be done in order to comply with the contract and the EIR. He expressed concern with the amount of additional funds being requested. Jim Mosher expressed concern that many of the design decisions were instigated or approved by the Volume 61 - Page 203 City of Newport Beach City Council Minutes Junell, 2013 Ad -Hoc Building Committee without public participation. Laura Curran took issue with the staff report, believing that the title of the staff report misrepresents the action required and does not provide complete information. She also believed that most of the risk appears to have been borne by the City. She addressed the lack of details relative to contingencies and contract extensions, and believed that Council and the public should be provided with more detailed information in the future. Council Member Petros took issue that some members of the Hall was an adequate facility, noting that the structure was the sense of community. He addressed contingencies acknowledged the amount of money being discussed; howev orders, he emphasized that 6% is an acceptable percentag project of this magnitude. He expressed concern that much and that Council is reviewing costs at this time. He e- will be provided with information to assist, early on,, hould; }hese types of on of the wo >sed hope eheved that the former City unsanitary and did not have improvement projects and of the percentage of change :industry for a construction `has already been completed rat . moving forward, Council Council Member Selich, addressed design omis advantage of a favorable construction environr standards and believed that the initial cont received good value overall for its money and into the project. arise. 'commented positively do the ability to take noted that the project can within industry vas set too. low. He agreed that the City >ut how much thought and effort that went Council Member Gardner believed that, 'in the future.,as committees are formed, Council should be provided with specific direction relative to` -the types 6 items that require Council review and input. - She urged staff to continue to negotiate the \ final costs. , Council Member Henn.. ieporY 'd that there is a, component within design omissions that are excess costs and noted that his view, the architect has some culpability. Motion by Council Memb'er,Selich, seconded by Mayor Pro Tern Hill to a) approve the increase of project- contingency from- $1;623,0000 $6,500,000, and authorize the City Manager and Project Manager' to- negotiate additional project' changes in the amount not to exceed $4,877,000; b) authorize the Mayor to�dxecute an amendment to the Professional Services Agreement with Bohlin Cywiriski Jackson, increasing the`_',original contract by $579,670 to a revised cost not to exceed $4;99357; and c) approve1Budget",Amendment No. 13BA -046 appropriating $6,856,670 from the unappropriated Civic Center fund balance to Civic Center construction and design accounts as follows: $6;2277,000 to account number 7410 - 01002030 and $579,670 to account number 7410 - C1002009.'�z The motion Carrie -d the!following roll call vote: Ayes: Council Member,, ardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle 19. SECOND AMENDMENT AND RESTATED EMPLOYMENT AGREEMENT FOR CITY MANAGER (C- 4358). [381100 -20131 Motion by Council Member Daigle, seconded by Council Member Henn to approve and authorize the Mayor and City Clerk to execute the Second Amended and Restated Employment Agreement for the City Manager. Jim Mosher expressed concern regarding the lack of public participation, and took issue with the formation of a working group and their ability to address it. He briefly addressed the matter of Volume 61 - Page 204 City of Newport Beach City Council Minutes Junell, 2013 compensation. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle XIX. MOTIONS FOR RECONSIDERATION - None XX. ADJOURNMENT -Adjourned at 10:15 p.m. in memory of Ellen The agenda for the Regular Meeting was posted on June 6,!2013, at 4:00 p.m. on the City's website; on June 7, 2013, at 8:00 a.m. on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive; afi'd on June 7, 2013, at 8:15 a.m. in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive „�' ,l tl t \` f 11 1 Volume 61 - Page 205