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HomeMy WebLinkAbout01 - Minutes - 6-24-2008Agenda Item 411 July 8, 2008 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session June 24, 2008 — 3:00 p.m. I. ROLL..CALL Present: Council Member Henn, Mayor Pro Tem Dai Mayor Selich, Council Member Webb, Council Member Curry, Council Member ' idn Excused: Council Member Rosansky i f II. C.UR_R.ENT.BUSINES_S 1. CLARIFICATION OF ITEMS ON THE CONSENT CALF !,R. It was a consensus of Council to 1 dia „qus s Item #7 (Lower Newport ay Dredging Project) during the Study Session. 2. DEPARTMENT BU & , T OVERVIEW I;,,, Utilities Director Myrteprovi PowerPo presentation that included the mission statement operating budget and tures;?nd revenue or fees collected for the different department divis”' s. Fk discussed major department accomplishments, challenges, wafer supply a power cost increases, the groundwater basui #Vl mpuig percentage the bench mar king process. In response to Council's questions, Utilities Director Myrter stated that the proposed mcreaiAkdn ekp$nditures in the division is from a combination of energy cost ya ' that `a tt1 tq residents and noted that the increase in revenue relative to d ga�iis a conservative estimate. He reported that the financial plan will look at a `t'` rehesive five year approach to give Council alternatives to fund water fee increase Futhei' ache total amount of water usage is stable and within 3 %, and has been for t last eight: years. He reported that they will provide information in a future bill to educ_te residents about the importance of using less water. Rosansky joined the meeting at 3:16 p.m. Th , ibrary Director, Cynthia Pirtle, thanked Council for the opportunity to work in th Ity and provided her background. Library Services Manager Warren utilized a PowerPoint presentation that included the mission statement, salaries, maintenance and operations costs, capital outlay, allocation plan, major expenditures, library organization, proposed new positions, circulation increase at Mariners, the addition of story times at Corona del Mar Library, the addition of one position for Arts and Cultural Services, and service indicators. In response to Council Member Henn's question, Library Services Manager Warren stated that the additional staff will be at clerk level and not library assistant level, and the budget is set by the number of hours, not by the number of positions, to ensure that Volume 58- Page 519 City of Newport Beach Study Session June 24, 2008 retirement is not required. Council Member Curry expressed appreciation for the Shakespeare in the Park series. Recreation and Senior Services Director Morgan utilized a PowerPoint presentation that included the department successes, department goals, budget overview, division revenue, what's new, the department overview, Senior Services Division revenue information, and 'additional funding /services support to Senior Services. In response to Mayor Pro Tem Daigle's question,_ , creation and Senior Services Director Morgan stated that 7% of the particip s in the adult recreation classes are non - residents. Risk Manager Farley provided a brief explatiMi of the Insurance Reserve Fund for workers compensation and general liabiliV f' x Administrative Services Director Danner utilized a erPoint presentation that included the Compensated Abseflce Fund, Retiree Ins ce Fund, Debt Services, Police Grants, AQMD, and Env„rr'onmental Liability. Council Member Henn noted thaiAega1 expenses related to group homes litigation is .budgeted through the general liability;, fund. He added that the Finance Committee is working with. staff to tiview the policiee related to funding levels for all the internal reserves and they pro mmendatioa;to Council. :, .. Council Member Henn mende Recrea and Senior Services Department for u: =.. their hard work and lack €>_f eomplazal�s':' ^�!�ncilember Curry commended Recreation u<< and ' Senie_ Services Director Morgan a his staff. Council Member Webb compliw'@M i Recreation Ind =Senior Services Director Morgan and believed that he pulled.a department togeier and made great accomplishments. use Jo City Manage$ Bludau's question, Recreation and Senior Services In ret Director io 4'i that stag' monitors the Senior Center to make sure that the In real se tdNe ayor Pro Tem Daigle's question, Recreation and Senior Services Director rgan side that the biggest challenges are to stay on track with opening the OASI enior C r and to make sure that services for seniors are protected. City Manafer Bludau suggested that Council clarify information from the checklist, so they can bproperly addressed at the council meeting, if needed. In e to Mayor Pro Tem Daigle's question, City Manager Bludau stated that the perlation. chnician will provide plan check applicants with a checklist of basic info The process should ultimately provide less reliance on outside plan checkers. In response to Council Member Webb's question, General Services Director Harmon explained that the McArthur Boulevard median trees are a continuance of the project on San Joaquin Hills Road. Further, the landscaping change at Irvine Terrace is to add trees and shrubs. 3. LOWER/UPPER BAY DREDGING FUNDING Volume 58 - Page 520 City of Newport Beach Study Session June 24, 2008 Assistant City Manager . Kiff and Harbor Resources Manager Miller provided a PowerPoint that included the areas of concern (shoaling), areas of concern (toxicity), and challenges. In response to Council's questions, Harbor Resources Manager Miller stated that they will most likely be able to remove the mercury in some of the areas. He noted that there are areas that need more testing and if there is a dredging project, they will focus on the easiest areas first. He explained disposal methods, bond financing, and other sources of funding. He also stated that the Lower;; Bay is the U.S. Army Corps responsibility and they never required a local mot h from the City; however, the strategy is to provide a portion of the money peeded to get the project done. He anticipated that the recovery.of funds for this p_vject will be funded by Harbor fees, coat of services, appraisals, and economic analyw; —Wbich is estimated at $3 to $6 million .. per year. __. •.CR #{;.m. Council Member Henn suggested thaf'staff make sure a is a full and realistic view of the total size of the problem. HQ:lelieved that whateve ution is adopted, that the increased user fees in the harb have a direct connection. :.. In response to Mayor Selich's q .. des,don, Assistant City Manager"Kiff stated that the Water Quality Master Plan is use`ttz„ look at the cost, the Harbor Area Management Plan (RAMP) is a t for funding and is directed towards the regulatory agencies, and the City would hat eelgrass can be sustained by replanting it at locations that are not close to re , e ,Piers and boats. City Manager Bludau bet%ved that p, ;' * hould provide Council with a roadmap for the protect and a rough estim off s. He no that the $100,000 in the checklist is for scient'stuy and believe the Lower Bay fees will most likely come from the City,nd residents. Counci ember Curry agreed that they need to get a handle on the sand move forward to comprehensive solution. concern about having a debt service fee for a 30 year inky expressed concern about ongoing maintenance fees: City w1_ ey Cl :;on stated that there's an appraisal that recommended the amo chargeor rental of the water in the tidelands; however, a large dredge project of taken into consideration. Man er Bludau suggested that Item #7 from the Consent Calendar be pulled so can ovide a comprehensive idea of how the project will be handled. CounWMember Henn suggested that the money from the checklist remain available for the scientific study. 4. BUCK GULLY FIRE STUDY. City Manager Bludau announced that the item will be continued to the July 8, 2008, Council meeting and that a staff report will be provided. Volume 58 - Page 521 City of Newport Beach Study Session June 24, 2008 III. PUBLIC COMMENTS - None IV. ADJOURNMENT - 5:18 p.m The agenda for the Study Session was posted on June 24, 2008, at 4:15 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 68 - Page 522 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 24, 2008 — 7:00 p.m I. STUDY SESSION - 8:00 p.m. II. CLOSED SESSION - 5:18 p.m. III. RECESS IV. RECONVENED._ AT. 7-00 P.M. FOR REGULAR V. ROLL CALL Present: Council Member Henn, Council Member Council Member Webb, Council Member Vl. CLOSED SES_SION.REPORT City Attorney Clauson reported that, reg Anaheim -_OCSC _Case No,_.0700095: amicus in support of the City of Anaheim. VII. P.LEDGE.OF VIII. INVOCATION-Mr. - Council Me, r Curry Mayor Pro Tem Daigle, Mayor Selich, incil Member Gardner -iation vs.. The City of approved signing on as Introduction of Ex eling to Okazaki - Kent Moore stated that the students and c erones be in Okazaki, Japan, from July 7 to July 17, and reviewed some of the activi ' 1 pa to in. The students and chaperones introduced themselves and discus ow excite y are visiting Okazaki. R gnition of the 1 Me ial Cormmittee - Mayor Selich read the Certificate of reciation and prese d it to the Chair of the Committee, Council Member Curry. Council r Curry presente rt�cates to the committee members in attendance. X. NOTI THE PU IC XI. CITY ._CO_U__ NOUNCEMENTS OR MATTERS _WHICH, COUNCIL MEMBERS WOULD LIK._ EKED ON_A FUTURE._AGEN..DA .F.OR DISCUSSION�ACTION..OR Council Member Gardner announced that Fuji Grill is the new concession at Big Corona and that they are also open in the morning. Council Member Curry reported that he represented the City at the swearing -in of the new Orange County Sheriff - Coroner Sandra Hutchens. He also announced that he attended the Mayor's Summit last week and reported that many cities are conducting citizen surveys to eventually start Volume 58 - Page 523 City of Newport Beach City Council Minutes June 24, 2008 a benchmarking process. Council Member Henn announced that April was National Autism Awareness Month. He stated that his five year old grandson who has autism attends Harper Preschool and participates in a teacher- organized sports league called High Five. He commended the City's Recreation Department for assisting with the High Five track meet. He expressed how important the track meet is to the children, parents, family, and friends. He noted that the lwport -Mesa Unified School District used to only have three classes available for autistic childr , but now there are 11. Council Member Rosansky announced that he attended the BAatttended season opener along with other Council Members and reported that the 1221 Club ntial scholarships to high school students from the community. He also announ the Irrelevant Week Kick Off Celebration yesterday. Council Member Webb requested a report on how the Cit n improve the ap nce of the site at Coast Highway and Dover. 1 Mayor Selich commended the Balboa Bay Ch scholarships. He also announced that he atte Dinner in which he presented four proclamations XII. CONSENT CALENDAR A. READING OF.M 10 on their generosity relative to the neone Cares Soup Kitchen Annual from the City. 1. MINUTES OF THE S CI ANII REGULAR MEETING OF JUNE 10, 2008. (100- 08J Wai rea of subject minutes, approve as written and order filed. 2. READIN ORDINAN' AND RESOLUTIONS. Waive reading in full of all or and resolutio under consideration, and direct City Clerk to read by ti only. 3. GENE MUNICIP ECTION - NOVEMBER 4,2008: ADOPTION OF OL NS CALLING THE ELECTION, REQUESTING LID ON WITH THE STATEWIDE GENERAL ELECTION (C DATE LY), AND ADOPTING REGULATIONS PERTAINING TO DIDA STATEMENTS. (391100 -2008] Adopt the following resoluti s pertaining to the General Municipal Election scheduled for Tuesday, Novemb 4, 2008 pursuant to Section 1000 of the City Charter: a) Resolution No. 2008 -54 alling and Giving Notice of the Holding of a General Municipal Election to be d on Tuesday, November 4, 2008, for the Election of Members of the City Coun as Required by the Provisions of the City Charter; b) Resolution No. 2008 - 5 uesting the Board of Supervisors of the County of Orange to Consolidate a rat Municipal Election to be Held on Tuesday, November 4, 2008, with the tewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code; and c) Resolution No. 2008 -56 Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 4, 2008. 4. MEASURE M SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM. (100• 20081 a) adopt the Seven -Year Capital Improvement Program; b) adopt Volume 58 - Page 524 City of Newport Beach City Council Minutes June 24, 2008 C. Resolution No. 2008 -57 affirming that the City's Circulation Element does not preclude implementation of the regional Master Plan of Arterial Highways; and c) direct staff to submit the adopted Seven -Year Capital Improvement Program and the Maintenance of Effort certification to the Orange County Transportation Authority to satisfy the eligibility provisions for Measure M and Congestion Management Programs. _ 5. AWARD OF NON - EXCLUSIVE SOLID WASTE TO CALIFORNIA WASTE SERVICES, LLC. of Intention No. 2008 -58 setting the public hearin the award of a Non - exclusive Solid Waste Fr hi LLC; and b) introduce Ordinance No. 2008.1 Waste Franchise to California Waste Services - C July 22, 2008. A r 6. ACCEPTANCE OF THE CALIFO. BEVERAGE CONTROL 2008/2 GRANT TO ESTABLISH AN A 7 THE POLICE DEPARTME Department of Alcoholic Beverage Program (GAP) Grant Award in the t( Liaison Officer position with the ;OLL TION FRANCHISE 70- 81 a) Adopt Resolution July 22, 2008 to consider California Waste Services; anti Non- exclusive Solid and p to second reading on ANT ASSISTANCE ROGRAM N OFFICER PROGRAM WITHIN '0081 a) Accept the California (ABC) 2008/2009 Grant Assistance unt of $100,000 to establish an ABC Department; b) authorize the Administrative Service ' ector to establish ue and expenditure accounts in the Capital Improveme facilitate t ministration of these funds; and c) adopt Resolution 200 n the AP Grant Award on behalf of the City. 7. RESOLUTION RELATI FUNDING A LOWER NEWPORT BAY DREDGIN PROJECT. ( 0081 Removed from the agenda at the request of Mayor P Daigle. 8. E BAY AND-AC STREET REHABILITATION AND STORM DRAI RO - AWARD OF CONTRACT (C- 8955). (38/100- Nprove the plans and specifications; b) award the contract to o ing for the total bid price of $138,677 and authorize the Mayor ity to execute the contract; and c) establish an amount of cover t st of unforeseen work. 9. APPROVAL OF AN ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH ARMS ENGINEERING & DESIGN, INC. FOR STRUCTURAL ENGI ERING SERVICES (C 4058). [381100-20081 Approve an On- Call fessional Services Agreement with RMS Engineering & Design, Inc. (RMS) or s ctural engineering services and authorize the Mayor and the City Clerk to to the Agre ement. 10. FLASHING CROSSWALK AT NEWPORT STREET - AWARD OF CONTRACT (C- 3969). project plans and specifications; b) award th e Engineering Services, Inc. for the total bid price Mayor and the City Clerk to execute the contract; $8,300 to cover the cost of unforeseen work. Volume 58 - Page 525 BOULEVARD AND 23RD (381100 -20081 a) Approve the contract to PTM General of $82,780 and authorize the and c) establish an amount of City of Newport Beach City Council Minutes June 24, 2008 A 11. APPROVAL OF AMENDMENTS TO ON -CALL PROFESSIONAL SERVICES AGREEMENTS FOR PAVEMENT EVALUATION, GEOTECHNICAL AND MATERIALS TESTING (C- 8854). [381100 -2008] a) Approve Amendment No. 1 with LaBelle Marvin, Inc. for on -call pavement evaluation services and authorize the Mayor and the City Clerk to execute the Amendment; and b) approve Amendment No. 1 with Willdan Geotechnical (formerly Arroyo Geotechnical) for on -call geothnical and materials testing and authorize the Mayor and the City Clerk to exe,te the Amendment. 12. PROFESSIONAL SERVICES AGREEMENT H ORANGE COUNTY PUMP CORPORATION FOR ON -CALL MP REPAIR AND MAINTENANCE SERVICES (C- 4059). [38/ 0 -2 Approve Professional Services Agreement with Orange County P p Corpor n for on -call pump repair and maintenance services for wat nd wastewater ps, motors and pumping units and authorize the Ma and the City Cie execute the Agreement. 18. UNDERGROUND UTILITY RVI REPAIRS - APPROVAL OF AMENDMENT NO. 1 TO PRO I AL SERVICES AGREEMENT WITH W.A. RASIC COMPANY, INC. ( 4) [381100 -2008] Approve Amendment No. 1 to Professional Services Agreem ith W.A. Rasic Company, Inc. for on- call underground utility repair services authorize the Mayor and the City Clerk to execute the ments. 14. GENERAL SERVICE UIL LOCKEIV ROOM AND RESTROOM REMODEL - AWARD CONT 29). [381100 -2008] a) Approve the project Drawings and. pecific ons; b) a rd the contract to R.G. Fleming, Inc. for the total bid price o $86 7, and authorize the Mayor and the City Clerk to execute contract; c) es sh a contingency of approximately fifteen percent in the of $12,733 cover unexpected construction and miscellaneous costs; d d) pprove a budge amendment (08BA -081) transferring $34,400 from pro 't savin in Account No. 15- C5100817, Mariners Park Improvements, and $ fro roject savings i Account No. 7013- C5100019, Citywide Street, Parki provements, into Account No. 7011 -C 1002001. 15. IS N:greeme ENTER FUNDRAISING CONSULTANT AGREEMENT - WROFESSIONAL SERVICES AGREEMENT (PSA) WITH NET TES, INC. (C- 3888). [381100 -2008] Renew the Professional Service with Netzel Assoc iates, Inc. to assist the Friends of OASIS in the capi 1 fundraising campaign at a not to exceed price of $62,400, and authorize the May and the City Clerk to execute the agreement. LEGAJI ADVERTISING BID FOR FISCAL YEAR 2008 -2009. [321100 -2008] Accep he bid of The Daily Pilot and authorize a purchase order for the one -year eri of fiscal year 2008 -2009. 18. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL PRIORITIES FOR 2008. [100 -2008] Review and comment. Motion by Mavor Pro Tem_Dai le to approve the Consent Calendar except for item removed (17); and noting that Item 7 was pulled from the agenda. Volume 68 - Page 526 City of Newport Beach City Council Minutes June 24, 2008 The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XIII. ITEMS REMOVED FROM THE CONSENT.CALENDAR 17. MCFADDEN SQUARE CENTENNIAL LEGACY PROJ T SCULPTURE: APPROVAL OF CASTING, INSTALLATION AND FIN AYMENT (C- 3990). [381100 -20081 Council Member Webb announced that the opening cere n' 1 be held on July 21 at 9:30 a.m. Kirwin Rockefeller, Chair of the City Arts Comr4fision, indicated th he sculpture is amazing but they have a concern about one line. At the suggestion of the City Attorney, Council M er Webb suggested with olding 10% of the final payment until the City Arts C m' n approves the final sculpture. Motion by_Council_Member,Webb to app the casting, installation of the artwork (sculpture) for the McFadden Square Centennial cy Project; withhold 10% of the final payment to Artist/Sculptor Ha Kaminsky unt a artwork (sculpture) has been modified; and release the 10 °/a al approval of t ' , rtwork (sculpture) by the City Arts Commission The motion carried by the followin, roll call Ayes: Council Member Henn, Couwi Selich, Coun ember Webb, XIV. ORAL REPORTS F MC Y. COUNCII Mayor Pro Tem D e anno v ced that the indicated that the com ' te® k WA ier Rosansky, Mayor Pro Tem Daigle, Mayor Member Curry, Council Member Gardner ion Committee will be meeting on June 30. She website and conducting community outreach. With5pFobjection, M Selich cated that Items 19 -22 will be discussed at the same time. 1 CORONA fDE R B INESS IMPROVEMENT DISTR ICT (BID) RENEWAL: PUBLIC AND RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVESTRICT FOR FISCAL YEAR 2008 -2009. [100 -20081 20. BOA BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: C CT HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE PROVEMENT DISTRICT FOR FISCAL YEAR 2008 -2009. [100- 20081 21. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008 -2009. [100- 20081 Volume 58 - Page 527 City of Newport Beach City Council Minutes June 24, 2008 22. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL AND LEVY OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008 -2009. [100 -2008] Assistant City Manager Wood reported that staff has not received any protests for any of the Business Improvement Districts (BID). Mayor Selich opened the public hearing. I '/ Sherry Drury, President of the Restaurant Association D; Peggy Fort, California Marketing Concepts; Wendy Boyd, American Expres a im Walker, Bungalow Restaurant, discussed the benefits of a strategic arketin mpaign, restaurant revenues, how the BID manages its money, and, e reasons having a second Restaurant Week. Mayor Selich recommended at Restaurant discussions be conducted during budget deliberations. Chris Chaney, Five Crowns, thanked CounWIfor th r support. Hearing no further testimony, Mayor Selicli 'd the public hearing. Motion_b_y .Council_Me_m_ .be r of the Corona del Mar BID c fiscal year. The motion carried by the Ayes: Council Member Henn, Selich, Council Member of the Bal fiscal year The motion of the Marine fiscal year. motion and to adopt Resolution No. 2008.61 for the renewal the levy of the BID assessment for the 2008 -09 call vote: Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor hmber Webb, Council Member Curry, Council Member Gardner �r Rosansky to adopt Resolution No. 2008 -62 for the renewal confirming the levy of the BID Assessment for the 2008 -09 by the following roll call vote: ?r Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Member Webb, Council Member Curry, Council Member Gardner Motion .—*-i Council Member_Rosansky to adopt Resolution No. 2008 -63 for the renewal of the Newport Beach Restaurant Association BID and levy for FY 2008 -09. Council Member Webb noted that his vote does not reflect approval for the Restaurant Week budget.. The motion carried by the following roll call vote: Volume 58 - Page 528 City of Newport Beach City Council Minutes June 24, 2008 Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 23. COST RECOVERY ORDINANCE - CHAPTER 3.36 - FEE RESOLUTION AND MASTER FEE SCHEDULE (contd. from 5/13/08,5/27/08 & 6/10/08). (100 -2008] Revenue Manager Everroad presented a PowerPoint presentation thning the proposed " amendments to Chapter 3.36 of the Municipal Code. He empha d that the ordinance establishes percentages for services and the Master Fee Sched sets the fees based on the ordinance. He described the consultant's recommendati Canfd r increases, decreases, deletions, and phased -in services. He reported that build' plann ing development charges will not be imposed for 60 days. In response to Council questions, City Manager the library's meeting rooms are low because the does not make money from the libraries. Citj d ordinance is introduced, if Council wants to a3 to be reintroduced. She emphasized th a fe changed if it does not match the perc e fi indicated that the City will realize about fees; however, $5 million is estimated to be rece '1,PAu explained Nordin ntal fee for ce serves the cond the City At ney Clausot once the e ercentage, ta will need ;as listed in the resolution, cannot be recovery. Revenue Manager Everroad Ilion of revenue with the phasing in of I once all the fees are at its maximum. City Manager Bludau referen Section 3.36.0301%Wd reported that he occasionally waives fees for non -profit org s. Following di sion, it was the consensus of Council to include language in e o that allow the City Manager to use his discretion on whether to waive s of up r non -profit organizations and to provide Council with a quarterly r oA on at orga tions received a fee waiver. Motion- byCounril Member W_ o introduce Ordinance No. 2008 -14 amending Chapter 3.36 of MC, includi he provision that allows the City Manager to use his discretion whe er to waive fe of up to $1,000 for non -profit organizations and to provide Co '1 wit a quarterly re rt on what organizations received a fee waiver; and direct ff to b ' g back the Maste ee Schedule for adoption at the next meeting. Mayor Selich a pu R Andrus, and Diamond Tran pro vided a handout relative to rM*Nd, Cou ildc acflities, discussed the importance of preschools and daycare , anressed tern about the fire inspection feee increasing from $194 to $729 for dafacilitiesRevenue Manager Everroad confirmed that the fee reflects 100 °A recovewould be phased in it was the consensus of Council to change the 100% recovery of this 25 %. Amen__ otion .. Council ._Member.._Curry to introduce Ordinance No. 2008 -14 amendi hapter 3.36 of the NBMC, including the provision that allows the City Manager to use his discretion on whether to waive fees of up to $1,000 for non -profit organizations and to provide Council with a quarterly report on what organizations received a fee waiver, and an addition of a separate category in the Fire Department related to daycare facilities being charged at a 25% recovery level; and direct staff to bring back the Master Fee Schedule for adoption at the next meeting. Council Member Curry emphasized that improved customer service should be provided to account for the increased development fees. City Manager Bludau clarified that the Volume 58 - Page 529 City of Newport Beach City Council Minutes June 24, 2008 increased fees will assist with the improvements that have been implemented and the additional improvements that the Building and Planning Departments want to provide. Council Member Henn noted that services will be improved as the fees are phased in. Further, the performance measurement process will be used to determine if the departments are meeting their goals and to set higher targets thereafter. The amended motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, May ro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, uncil Member Gardner 24. SIGNAL PEAK VERIZON TELECOMMUNICA FACILITY PERMIT (TELECOM PERMIT NO. 2008 -002) - 21474 VIS IDGE AD (APPLICANT - VERIZON WIRELESS). [100 -2008] Mayor Pro Tem Daigle recused herself. Assistant Planner Novo provided the staff port d noted that there are a other 65- foot towers on the peak and that the n ' hors pport the project so they could receive better cell service. Motion.. by Council__Member Rosansky to rove Telecommunications Permit No. 2008 -002 subject to the findings thring. d nditions of a val in Attachment No. 1 of the staff report. Mayor Selich opened the public Matt Vigil, Verizon Wireless, statethat ttower would enhance cell service and that the City Attorney lauson provided the staff report and reported that the settlement agreement has Ilened en fully executed by Fury and the property owner. Mayor Selich the public hearing. Hearing no testimony, he closed the public to adopt Resolution No. 2008 -64 approving Use Permit The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner XVI. PUBLIC COMMENTS Bernie Svalstad suggested that the City create a historical committee and budget in the future for Volume 58 - Page 530 City of Newport Beach City Council Minutes June 24, 2008 a facility to house the history of Newport Beach in one location. XVII. PLANNING COMMISSION AGENDA. AND ORAL S.TATUS..REPORT 26. PLANNING COMMISSION AGENDA FOR JUNE 19, 2008. Planning Director Lepo reported on the following items: Fury Rok I& Rol Sushi Lounge (PA2005.087) - 4221 Dolphin Striker Way; Housing Element (PA2 -078); Santa Barbara Condominiums (PA2004 -169) - 900 Newport Center Drive; Power 'Residence (PA2007 -176) 2223 Pack Drive; AERIE project (PA2005 -196) - 201 -205 207 Carnation Avenue & 101 Bayside Place; and General Plan Progress Report (PA20 195). XVIII. CONTINUED_BUS.INE.S.-S 27. 2008-09 BUDGET ADOPTION. [100 -20081 In response to Council questions, Public Wor ire r Badum indicate FA 128 trees will be planted on MacArthur Boulevard - ill b n 24 -inch boxes and to 12 feet, and 64 will be in 36 -inch boxes and grow 6 fee Peter Rooney, Newport Harbor Football Boo President, stated that he is representing concerned parents of Corona del Mar High Sch d Newport Harbor High School whose children use the field. He described the conditi f the field, noted that the School District does not have the fund a -sod the field, re d that they have already raised $103,000 of the $137,000, and ciate Coun ' roving the $30,000 request. He pointed out the parents and s dents i ce that lso support the request. field as it would help prevent Jim Walker, and Wendy Boyd noted that the ement District (BID) is proposing a second isider holding the event during the weekend in s for the event, and noted that the event assists these economic times. Council to approve the $100,000 for harbor dredging. Council pulJdFrriends. following items off the Budget Checklist for discussion: Restaurant Week itemsvial turf for Bonita Creek Park, landscape improvements on Bristol, Balboa Visin, Balboa Boulevard median and parkway landscape between 32nd eet and Cighway, and the grant to the Orange County Film Commission. Mayor P m Dquested that $24,000 be added to the checklist for the Newport Bay Nat sts Motion.. _ Council_Member_Curry to approve the remainder of the Budget Checklist, except for the items removed or added for discussion. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner Volume 58 - Page 531 City of Newport Beach City Council Minutes June 24, 2008 Restaurant Association Business Improvement District/Restaurant Weeks Discussion ensued relative to the Restaurant Association BID providing matching funds, how much the City should assist financially with the events, and the merits of the events. Motion_ . by_ Council , Member .. C_.urry to allocate the Newport Beach Restaurant Association Business Improvement District $35,000 as a matching d, $50,000 for the January 2009 Restaurant Week, and $50,000 for the fall 2009 Rea rant Week. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky Pro Ten Daigle, Mayor Selich, Council Member Webb, Council Member ry, Cou Member Gardner Artificial Turf on Bonita Creek Park Recreation and Senior Services Director Mor discussed the difficulties of maintaining the 1 the fields are closed for maintenance 5. ont only for six weeks, that this field is one not conducted much research relative to art Beaches and Recreation Commission or youth noted that the Coastal/Bay Water Quality Com its environmental benefits. __ anLOGeneral Services DIINfor Harmon onita Creek Park, and ported that f the year when other parks are down lit fields in the City, and that they have turf or discussed this with the Parks, Ws groups. Council Member Gardner upports using artificial turf due to Balboa Visio Museum is con cting a vF&ning study Landscape Im vements on Bristol iscussion Jens d relative to how much money should be allocated to this project, if this ct sho phased in, if all the landscaping projects should be lumped together, and wh a ond covering should be used. Council received confirmation that the north side o ll be covered first. Motion 15vMayor Pro...Tem Daiigle to allocate $120,000 for the north side of Bristol, and have staff explore options for ground covering and come back to Council with a recommendation. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Volume 58 - Page 532 City of Newport Beach City Council Minutes June 24, 2008 Noes: Council Member Webb Balboa Boulevard Median and Parkway Landscape Design and Improvements between 32nd Street and Coast Highway Without objection, Council Member Henn requested that the allocation be reduced to $100,000. Grant to Orange County Film Commission City Manager Bludau discussed the commission and rep d that the City has never provided funding to the commission. Motion ._b_y_Council.Member_Gardner to Commission from the Budget Checklist. The motion carried by the following roll call Ayes: Council Member Henn, Mayor Webb, Council Member Curry, C Absent: Council Member Rosansky Newport Bay Naturalists and Friends Mayor Pro Tem Daigle indicate T ' I and that this funding would assis is[ in contin Motion._by .C.ouncil Member ardne Naturalists and Friends. The motion Ayes: 2008 -2009 to following r,i call vote: grant to th'ftkange County Film e, Mayor Selich, Council Member Gardner species in the Back Bay $24,000 to the Newport Bay Henn, Council 4 Aember Rosansky, Mayor Pro Tem Daigle, Mayor ember Webb, Cojoicil Member Curry, Council Member Gardner �r,Henn to adopt Resolution No. 2008 -66 approving the City's by the Budget Checklist. Council MembdJ Henn reforted that there is a reduction in the City's expenses by $607,000 and af increase in revenue by $1,055,000, but pointed out that this does not reflect the reduclions just made to the Budget Checklist. by the following roll call vote: Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Council Member Webb, Council Member Curry, Council Member Gardner 28. APPOINTMENTS TO BOARDS AND COMMISSIONS- [100 -2008) Deputy City Clerk Brown read the ballot votes for the Board of Library Trustees as follows: Lynn Crutchley (Henn, Rosansky, Daigle, Webb, Curry, Mayor Selich) Nancy Thompson (Gardner) Volume 58 - Page 533 City of Newport Beach City Council Minutes June 24, 2008 Deputy City Clerk Brown announced that Lynn Crutchley has been appointed to the Board of Library Trustees for a four -year term. Deputy City Clerk Brown read the ballot votes for the City Arts Commission as follows: Rita Goldberg ( Rosansky, Daigle, Curry, Gardner, Mayor Selich) Robert Smith (Henn, Daigle, Webb, Gardner, Mayor Selich) Carol Starcevic (Henn, Rosansky, Webb, Curry) Deputy City Clerk Brown announced that Rita Goldber Robert Smith have been appointed to the City Arts Commission for a four -year t Deputy City Clerk Brown read the ballot votes for a Civil Service d as follows: Debra Allen (Henn, Rosansky, Daigle, Crry, rdne Mayor Selich) Mickey Dunlap (Henn, Rosansky, Daigle , u W C y, Gardner, Mayor Selic Clint Hoose (Webb) Deputy City Clerk Brown announced that D Allen and Mickey Dunlap have been appointed to the Civil Service Board for a four -ye rm. Deputy City Clerk Brown read flaWakot votes for the rftbor Commission as follows: Marshall "Duffy" Duffield (Henn,%osansky'1JjFjk%Wfbb, Curry, Gardner, Mayor Selich) Deputy City Clerk Brown announcthat Marshall Duffield has been reappointed to the Harbor Commission for a four -year Deputy City C B wn read the ba of votes for the Parks, Beaches and Recreation Commissio as foll s: Deputy City CleTk Brown read the ballot votes for the Planning Commission as follows: Drew Emmel (C rry, Gardner, Mayor Selich) bert Hawki (Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich) es Unsw th (Henn, Rosansky, Daigle, Webb) Deputy Clerk Brown announced that Robert Hawkins has been reappointed and Charles nsworth has been appointed to the Planning Commission for a four -year term. Council Members Henn and Curry indicated that they were impressed with the quantity and quality of the applicants. Council Member Webb encouraged Council to try to get more applicants from their districts. 531. APPROVAL OF JOB DESCRIPTION, RECRUITMENT PLAN AND TIMELINE FOR CITY CLERK RECRUITMENT. 1100 -20081 Volume 58 - Page 534 City of Newport Beach City Council Minutes June 24, 2008 Council Member Henn discussed the maximum proposed salary, but noted that the committee would like more time to look at total compensation data. He indicated that the timeline is flexible, and that internal and external candidates will be considered equally for the position. Human Resources Director Ramsey noted that the job flyer can go out as planned with language about the maximum salary and discussed the reason that the timeline is quick. In response to Council questions, Human Resources Acom' ey indicated that the recruitment period depends on where the City will brom and advertising the position. She stated that the full Council, not just t, can receive a binder of all the qualified candidates' a pplications and the trix in order to make recommendations. If Council decides to go dark thg in August, Council Member Henn stated that the interviews will probabl early September. Motion. by. Council Member Webb to a) autho the use of City H ` Resources to directly manage the recruitment process for th ity erk position under direction of the Ad Hoc Committee; and b) approve the r mm ed job description, rec tment plan and timeline, qualifications, and max' sal but permit the Ad Hoc Committee latitude to adjust it without needing to c to Council. The motion carried by the following roll call vot Ayes: Council Member Henn, ncil Member Rosa Mayor Pro Tem Daigle, Mayor Selich, Council Member cil Member CAL Council Member Gardner 532. DETERMINATION OF THE ATT RUITMENT PROCESS. (700- 2008] Council Member Webb discussed th osed recruitment process and recommended that Item 1 of the RFP he recruitme nsultants be amended to read, "Review documents provided by th., ity d interview Ci Council Members to gain familiarity with the City, including major issi s and challeng He added that the committee is not asking Council to prove t job description ght. He noted that the July 21 date in Exhibit C should be 22. a t ,. s y, the committee will be asking the recruiting consultant to a ecommen at o come back to Council. er suggested including an Essential Attributes section in the job escription that it not need to come back to Council if the committee is satisfied with it. Addi ally, h commended that Council meet after the last interview in November to di s, if an o er should be made to one of the candidates and authorize the recruiting cons ant to make the offer, pending receipt of satisfactory reference checks. Regarding the lary, he suggested looking at total compensation, rather than just the lary amount. P Mo__ by..._ uncil Member Webb to a) authorize the use of a recruitment consultant to assist ining candidates for the City Attorney position, direct staff to send out a Request Proposals (RFP) as soon as possible, and direct the Ad Hoc Committee to review the proposals and make a recommendation to the City Council at the July 22, 2008, Council meeting on the firm to retain for the recruitment process; b) include the suggestions and amendments made relative to the job description, timeline, and job description and required qualifications, so finalized recommendations can be brought back to the City Council for approval at the July 8, 2008 City Council meeting; and c) postpone the determination of the City Attorney's salary range until the recruitment consultant has been retained and can make recommendations, and direct the City Manager to have the Human Resources Department prepare a salary survey of City Attorney and City Manager Volume 58 - Page 535 City of Newport Beach City Council Minutes June 24, 2008 salaries for positions of similar responsibility and duties in Southern California. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 533. SELECTION OF FIVE FINALISTS FOR CITY HALL PARK DESIGN COMPETITION. [731100 -2008] Assistant City Manager Kiff reported that 51 Requests f Qualifications (RFQ) were received and the City Hall and Park Master Plan Com ected five firms to send letters to and engage them in a contract to do a con ual pla a stated that all the firms are fairly local but also have a national present Motion, b-v..Council.Member.Rosansky to ra th recommendatio the City Hall and Park Master plan Design Committee by s ctin he following firms t forward in the Design Competition for the City Hall a ar aster Plan project and thorize the City Manager to enter into stipend agree nts w- these firms: Bohlin Cywinski Jackson, Gonzales Goodale Architecture, Johnson A, and Rossetti Architects. Jan Vandersloot complimented the committee a oted that the firms cannot forget that the building will be next to a park. The motion carried by the follo vote: Ayes: Council Member Henn, Co cil Memb Mayor Pro Tem Daigle, Mayor Selich, Council Member Web Coun ' ember rry, Council Member Gardner XIX. CURRENT BUSINESS 29. APPROVAL A EN YEAR A EEMENT WITH CLEAN ENERGY, INC. FOR INSTALL ON AID OPERATIO OF A COMPRESSED NATURAL GAS (CNG) 0). FUELIN TATIO (C- 406 [38/1 -20081 General Servi ector ar viewed the staff reports, the benefits of having a Com at Gas (CNG) fueling station, and the opportunity for AQMD grants if a tation a built. He noted that no comparisons were conducted relative to ow much sa s the would realize if it built the facility instead of Clean Energy. Motion- ....0 ncil Me_ her_ Curry to approve the terms and award a ten -year agreement wit CE through July 1, 2018 for the installation and operation of a compressed Nat al Gas (CNG) fueling facility. motion ca ed by the following roll call vote: Ayes: n ' Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Se Council Member Webb, Council Member Curry, Council Member Gardner 30. SALES TAX SHARING AGREEMENT FOR NEWPORT EUROPEAN MOTORCARS, LTD. OF NEWPORT BEACH. Economic Development Administrator De Santis reviewed the staff report and highlighted the amount the City will be receiving and the non - monetary benefits of the expansion. She stated that Newport European Motorcars will provide reports annually, not quarterly, and the agreement will not exceed ten years. She requested that the Covenant be amended to Volume 58 - Page 536 City of Newport Beach City Council Minutes June 24, 2008 delete the annual base sales tax adjustment (Section 4.1.1.a) and that the contract be approved even though there are some blanks. She indicated that the information will be received in a couple of days. In response to Council questions, Assistant City Manager Wood confirmed that for the I.exus agreement, the contract terminates if a certain amount is reached; however, this agreement does not have that condition. She indicated that th/Ccil Members on the Economic Development Committee reviewed the contract, but nntire EDC. Council Member Webb suggested placing a $400,000 cap on the contract Motion by Council Member Curry to approve the I the amended Covenant, and authorize the Mayor to approval of the contract as to form by the City Attorne David Murphy, Newport European Motorcars, and old sites and pointed out that the new site and that the existing site has already been 1= will be moving into the new site in Deceml. The motion carried by the following roll Ayes: Council Member Henn, Council Member Selich, Council Member Webb, Council M XX. MOTION. FOR RECONSIDERATIO XXI. ADJOURNMENT - Adjourned at 11: p.m Kevin Pryor The agenda for ABcated Meeting City Hall Bullet outsi of Building. The 1 agenda for he 2008, at 1:80 p.m Hall Bulletin Beach Administ ine. City Clerk Agreement, including contract, subject to I the differen tween the new be used for'car s not service, ,eone elae. He repo d that they Mayor Pro Tern Daigle, Mayor P, Council Member Gardner Newport Beach Firefighter osted on June 18, 2008, at 4:15 p.m. on the the City of Newport Beach Administration Regular Meeting was posted on June 20, oard located outside of the City of Newport Recording Secretary Mayor Volume 58 - Page 537