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HomeMy WebLinkAbout01 - Minutes - 6-22-10Agenda Report ill July 6, 2010 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session June 22, 2010 — 4:00 p.m. STUDY SESSION L ROLL CALL Present: Council Member Selich, Mayor Pr Tem Henn Mayor Curry , Council Member Gardner, Council Memb Dai le Absent: Council Member Rosansky, Co. cil M her Webb II. CURRENT BUSINESSk= 1. CLARIFICATION OF ITEMS O P E CONSENT CALENDAR. Regarding Item 12 (00A), Council Me er Daigle requested and received clarification on the boundaries..of the sculD Barden. Council Member Re gar ' m 14 (Moomg,t- Ianagemen' Services), Council Member Gar r req sted clarifca*i about the fee schedule. Harbor Resources M ager er discussed re ptal fees and the proposed increase. at 4:09 p.m Pro Nd ie ed and received further detail on Item 12 in P regar „to display areas. Regarding Item 15 (Anchor QEA), he noted t'e of facilitating the rebuilding of docks around the Harbor out the inclusion of privat e pier owners in the re- buildmg'sourcea Manager Miller believed that it would i compromiep the aggressive schedule of the project. In response to Council Member Webb's question, he discussed the off -set distance between the '�;, nikheacand dredge zone. City Manager. Kiff recommended costing out th,.;dre*ng of private piers and bringing it back to Council at a later date. Regadr"aing Item 8 (Computer Aided Dispatch), Mayor Pro Tem Henn recognized the importance of the system to the City and recommended requesting Northrop Grumman to share the cost for the software upgrade. In response to his questions, Police Chief Luman discussed the need for upgraded work stations. In response to Mayor Pro Tem Henn's question regarding Item 10 (Recreation Registration Software), Recreation & Senior Services Director Detweiler discussed the need for and clarified the cost of the new system. Mayor Pro. Tem Henn noted the financial impact on residents, the importance of the Citizen's Technology Task Force, . and the importance of Volume 59 -Page 507 City of Newport Beach City Council Study Session June 22, 2010 having an IT Strategic Plan. Mayor Curry noted that Item S26 (Hoag Development Agreement) was continued to the July 27 meeting. City Manager Kiff noted a change to the GANT chart for Item 15 (Anchor QEA). 2. FISCAL YEAR 2010 -11 BUDGET ADOPTION. City Manager Kiff utilized a PowerPoint prese tion to discuss FY 2009- 2010 budget review, corrective actions, ajor contracted services, accomplishments, preview of 2010 -2011 b udget summary, the Civic Center Project, debt instruments, COP nd B 2 erica Bonds, staffing levels and proposed changes, retiremp contributio Council Policy issues, community cash grants, harbor ches, and what to e ' ct in FY2010 -2011. Mayor Pro Tem Henn noted t s mp ac ension cost S. t .ftp Y s" of Ns �ry 4J Mayor Curry noted the s1 � ant accomplishment of t _ proposed reduction in spending by $18 milli'' Council Member D requested close crutiny on legal bills, requested a more active role by R gement regiing litigations, and suggested a containment policy a�p,ing d. Ins' sponse to her questions, Administration Serviced Director aner ussed account numbers, performance based budgeting, an onso i g accounts. City ,,Aftornd Hunt clarifie gal fees in relation to City accounts. Insspons to Council ember Daigle's question, Mayor Pro Tem Henn c the $350,000 rchitect bid for the Balboa Island Theater In r onse' Council questions, City Attorney Hunt discussed how the prop mere in staff in the Office of the City Attorney (OCA) will benefit t City, 'g g in relation to Group Home litigations, and outside counsel is versus'Snternal staffing costs. Council r ommended revisiting the OCA's mission statement in light of the budget i es of the City. r urry clarified that the issue would be to approve $160,000 in • nal staff resources for the OCA for the next fiscal year. He asked for • straw vote for support of additional positions in the OCA. With Council Member Daigle opposing, the majority of Council indicated support for the motion. Mayor Curry invited members of the public seeking community grants to speak. Gregg Shwenk, Executive Director of the Newport Beach Film Festival, thanked Council for their support, discussed the increased quality and economic impact of the festival, and requested full funding. In response to Volume 59 - Page 508 City of Newport Beach City Council Study Session June 22, 2010 Council questions, he discussed the number of hotel room nights booked during the festival and where the funding is allocated. Homer Bludau, Executive Director of Irrelevant Week, asked Council to consider a proposal for $10,000 for the event. In response to Council questions, he noted that all funding goes toward support of the event. Gary Kutscher, OC Marathon Board of Directors, discussed growth of the program and asked Council to consider funding $20 00 towards the event. In response to Council questions, he clarified at charities use their connection with OC Marathon to raise their n money and discussed sponsorship levels. Council Member Gardner requested an ceive ification on the Balboa Island Historical Society and the BO a Island I vement Association, suggested that community group W'" become self -fun at some point, believed the Newport Beach Film" Festival is a worthwhi vent, and noted the City's commitment to Race for the tire. Council Member Selich suggeste cutting the recommended ocation of funding to $12,000 for the HistorcvSociety and $10,000 for Balboa Island Improvement Associ ion. �� hR Council Member Ros s ke in fa v rif re- establishing a full grant for Newport Beach Film tival 'scussed benefits of the event to the city.o —: Council=111rjber Webb not t the County estaurant Week is funded for $35,(100 and a ewport Beac taurant Week is funded for $50,000. Mayor P;,.' Tem Henn noted that proposed funding for Restaurant Week would bej0,00(lduction over t years. or ry pro oset #'60,000 grant for the Newport Beach Film Fe an eceived a unanimous consensus. He also asked for a straw vote ppor romg out the grant for the OC Marathon. Mayor Pro Tem Henn, uncil mber Webb, and Council Member Gardner voted to support oing outhe grant for the OC Marathon and Council Member Rosansky uggested discussing the item further at the Regular Council Meeting. ian Bergeson, Balboa Performing Arts Theater Board Member, dis d the role of the theater in revitalizing historic Balboa, the com itment and enthusiasm of the Board, and requested City support. In response to Council questions, she discussed the financial aspect of fundraising efforts. Council Member Gardner suggested that a timeframe be placed on the project. Assistant City Manager Wood discussed the theater's lease and property details and agreed that a timeframe would be helpful. Mayor Pro Tem Henn noted that the primary goal of revitalizing Balboa Village is to create a family - friendly environment, that the theater would provide a venue for high quality professional performances, discussed the need for a richer and broader arts scene in the City, and expressed support for funding the project. Administrative Services Director McCraner discussed the account from which the project funds would be allocated from. Volume 59 - Page 509 City of Newport Beach City Council Study Session June 22, 2010 Mayor Curry asked for a straw vote to grant $175,000 towards the project and received unanimous support. Mayor Curry expressed support for the Wayfmding Sign Program, believed the project could be completed for less than $250,000, suggested deferring the project until the City's budget situation is improved, and asked staff to research a cost reduction. Council Members Webb and Gardner believed the project is not a current necessity. Mayor Pro Tem Henn noted that the Economic Development Committee (EDC) unammo ly recommended that the City fund the project, expressed concern the cost, and believed that there should be an action plan in place if t project is deferred. Mayor Curry asked for a straw vote on deferring a appropriation of $250,000 towards the Wayfinding Sign Program d, ding subsequent Council review of the program within apprp ately t ext 90 days, received majority support. F City Manager Kiff discussed project will need to be approve In response to Council Webb discussed the adjusted Projects. checklist aM& noted that the Deputy Public Worl& Director for the Civic Center and Marina Park City Clerk Recording Secretary Mayor Volume 59 - Page 510 CITY 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 - Antic' ted L tion - Initiation of Litigation (Government Code § 54956.9(c)), ne matter: S Potential initiation of litigation agains 'Back, Bay Court Pr ' ty Company, a California Limited Partnership, for,,, 3n e ion of right -of -wa ceded for the Jamboree Road Widening Project. r 3r B. Conference with Labor Negotiators (GoVnment Code § 54957.6): Agency Designated Repre tives: Bill A of Avery & Associates and Terri Cassidy, Human Resources Di r t ?,a Employee Organization: ltiple rt ch associations: Police Employees Association (PEA), Po e Man emen ciation (PMA), Newport Beach Employees Lea q EL), Ne ach Pro ional & Technical Employees Association (l g TtTt C and Newpo ach City Employees Association (NBCEA) hA v C. Conference,, ith L al Counsel - isting Litigation (Government Code § 54956.9(A)): p�e C' rt h vs. Lea CSC Case No. 30- 2008 - 00102565 III. RE S IV. R NED AT 7:00 M. Fn RCUTLAR MF.F.TTN/1 W Present: Counc ember elich, Council Member Rosansky, Mayor Pro Tem. Henn, Mayor Curry, C cil ember Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION PORT - 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. Leason 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 Tern Henn Volume 59 - Page 511 City of Newport Beach City Council Minutes June 22, 2010 VIII. INVOCATION -Mr. Frank Carpenter IX. 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 ANNOUT REPORT (NON DISCUSSION ITEMI Mayor Curry announced that Council will not noted that the item will be brought back to Cou Mayor Pro Tem Henn announced that on Frid 7' Jul the Nautical Museum's Grand Opening where t' Adventure and invited residents to visit. He also;. established for the 4th of July Celeb ti and that 1 visitors and residents in advance of anges. He step forward for a fun and safe 4th of J Council Member Daigle stated that resi thanked Police Chief Luman and staff stating hat the crime ra g a decreased system has been upda: a ciitical incid Council Mg' er Webb on July 3, 20 t Mar )ot was ranks are Hoag Devel ent Agreement and :7.2010. 2010, he and Mayors ry attended ed their latest exhibit alled Sea of mced that a safety zone has been olice will be proactive in educating that the City is taking a positive n e cony rn is police protection. She cent It lishments in the department umber of ar ests has increased, the response al and a windshield survey was developed, a mented, training bulletins are being conducted, the Command staff is unified, a ards were implemented, and the budget is F to come back with a proposal for a Bicycle Committee. to implement the proposals of the Bicycle Task Force and I that he will be the Grand Marshal of the Parade of Bicycles at 10:30 a.m, and invited residents to attend. Mayor Curry annVUted at on June 11, 2010, he participated in the Chamber of Commerce Annual Citizen's ar dinner honoring Rod Rodheim for his lifetime of service to the City, attended the States Con ference 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 MINUTESIORDINANCES 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 -20101 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 DEP TMENT OF ALCOHOL BEVERAGE CONTROL 2010/2011 GRA TO SUPPLEMENT THE POLICE DEPARTMENT'S ONGOIN RT IN ADDRESSING ALCOHOL- RELATED PROBLEM AT ETAIL ALCOHOL ESTABLISHMENTS. [100 - 2010]„ ccept the 'forma Department of Alcohol Beverage Control (ABC) 20;f0 /2011 Grant Assi de Program (GAP) Grant Award in the total am`int of�t$26,318 to sup ent the Police Department's ongoing effort addresig alcohol - related p ems at retail alcohol establishments; b) an ize�the Administrative Ser Director to establish revenue and expendituMA' counts in the General Fun to facilitate the administration of . these funds �, nd c) adopt Resolution No. 2010 -64 accepting the GAP Gr Award on beh *;of the City. 4. BOND REIMBURSE UTHORI ION FOR CIVIC CENTER EXPENDITURES. [10 20101 Resolu No. 2010 -65 that reaffirms the City's intent to re se itse r ct c is incurred prior to possible future debiissuance for th Civic enter pro ,. C. C,'ONTRAC.TAw' ;W n AI.RFFxsFnI 5. LEGA ADRTISING BI OR FISCAL YEAR 2010-2011.1100-20101 Accept t bill rl Daily Pil " and authorize a purchase order for the one - eriod fiscal AUTH I TO CONTINUE A CONTRACT WITH VAN SCOYOC ASSOC ES ARDING ADVOCACY FOR DREDGING PROJECTS: LOWER EWPT BAY AND THE SANTA ANA RIVER MARS WPORT' "SLOUGH (C- 4032). 1381100 -20101 Authorize the City Manager nter into a Professional Services Agreement of up to $60,000 for ne year w h Van Scoyoc Associates to advocate for dredging the Lower Bay the S to Ana River Marsh. 7. AP AL OF AMENDMENT NO. i TO PROFESSIONAL SERVICES AGR MENT WITH MCO - ADVANCED DOCUMENT IMAGING SOLUTIONS FOR HISTORICAL DOCUMENT DIGITAL ARCHIVING SERVICES (C4122). [381100 -2010] Approve Amendment No. 1 to Professional Services Agreement with MCO - Advanced Document Imaging Solutions for historical document digital archiving services 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 %P 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 CE R AUDIOVISUAL EQUIPMENT (C- 4189) - AWARD OF CON ACT. [381100 -20101 a) Approve the project drawings and specifications ' - ' award the contract (C -4139) to GMF Sound, Inc. for the total bid price of $ 793, and authorize the Mayor and the City Clerk to execute the cont an establish an amount of $11,979 (10 %) to cover the cost of unfor s; n work. 10. REGISTRATION SOFTWARE URADE WITH AC NETWORK TO PROVIDE RECREATION qL, SS ,REGISTRATION, EMBERSHIP, POINT OF SALE AND FA(I&ITY REGISTRATION, SER ES (C- 4567). [381100 -2010] a) Authorize tli"#i�er of Council Policy F- the adopted purchasing guidelines; and auth e the Recreation and Senior Services Director and the Cit Attorney obrs, designee, to negotiate with the sole source vendor The Ac Network (TANryfor maintenance support and hosting data to upgrade the e oftware of are Safari to ActiveNet which provides online. recre 'on. registrat membership, and facility reservation services; b rove a ear cojp �' p tract, with option to renew annually after the first ee y wi' lr' and c) authorize the City 'fill, l Manager, i gotiate and ec contract a nsions at the end of the initial threed conract on a yea year basis. 11. DMEhIr NO. 1 TO NTRACT WITH GC ENVIRONMENTAL, INC. *.INTENANCE EPAIR SERVICES FOR THE NEWPORT RA� NTROL SYSTEM (C- 4212). [381100 -20101 endment to the Contract with GC Environmental, Inc. (GCE) the "a punt of $66,206.00 for an additional one (1) year (FY 2010- 2011 0 peratPii Monitoring and Maintenance (OM &M) of the Newport Terrace L dfill Gaontrol System (System). APPROV OF A FIVE YEAR AGREEMENT WITH THE COUNTY OF ORANGE OR .MOORING MANAGEMENT SERVICES IN NEWPORT S R C- 4569). [381100 -20101 a) Approve and authorize the Mayor and o execute a.Cooperative Agreement with the County of Orange for anagement in Newport Harbor for five years; b) approve Budget ent No. 10BA -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 3911. 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 JUN 17, 2010. [100 -2010) Receive and file written report. 17. APPOINTMENT OF DANA SMITH AS ALT STATE BOARD MEMBER TO METRO CITIES FIRE AUTHORITY, [ 20101 Appoint Assistant City Manager Dana Smith as the Newport Be Al ate Member of the Metro Cities Authority Board of Directors. 18. 2010 DRINKING WATER QUALITY REPORT O UBLIC HEALTH GOALS. [100 -2010] Receive ane. iviotion by mayor rro Tem lienn second" ,, Uouncil Member Rosan l _ to approve the Consent Calendar, except for the items re'Y ed (12 & 13); and noting at Item 15 (Professional Services Agreement with Anchor QE9�4L P for Final Engineering Evaluation, Design and Permitting Support for a Rhine Chan c Contaminated Sediment Cleanup Project) has a new project schedule at the report3� The motion carried by the following roll Au vote. Ayes; Council Member Sehch,, Council Council Member Wbiouncil 1 Fy-4 f7A X4M r Pro Tem Henn, Mayor Curry, Member Daigle VG BETWEEN THE CITY OF NEWPORT MUSEUM OF ART (OCMA) TO CREATE CENTER (C4568). [381100 -2010] Council Membe osans equested a brief presentation from staff. City Manager Kiff stated that th greeme 's to approve a sculpture garden at the new Civic Center k project which ill allow lflacement of temporary and permanent art and he briefly ssed the art si sand proposal. In reap a to Co cll Member Webb's question, City Manager Kiff stated the OCMA will make it commendations to the Arts Commission who in turn will present follow up re ndations 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 59 - 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. iioLmn ny lviayor Uurry seconded by Council Mem Webb to approve the proposed MOU.between the City of Newport Beach ( "C and OCMA to create a Sculpture Park at the Civic Center, and authorize the Pity Manager to enter into a License Agreement with OCMA to provide OCMA ace.s . o the Civic Center site. The motion carried by the following roll call Ayes: Council Member Selich, Council Memb r'Rosansky, Mayor Tem Henn, Mayor Curry, Council Member Webb, Council Mem er Gardner, Cou 'Member Daigle 13. CIVIC CENTER AND PARK EO ECHNICAL OBSE11 ONS AND CONSTRUCTION MATERIAL TES S - APPROVAL OF PRO ESSIONAL SERVICES AGREEMENT WITH LEI ON CONSULTING, INC. (C11527). [381100 -20101 t a��sa„ In response to Council Membe uestion, Public Works Director Badum stated that there were several firms t qua wever, Y-," hton Consulting, Inc. had the most experience with the project. He note taff rified that their rates, fees, and charges were sistent with ther lified explained that the contract is with the City ir)g C.W. Drive no benefit, and briefly discussed changes to Council Poli6rf 14 which will be pr sed to Council at a later date. In response ti% Dune Member Webb' ueation, Public Works Director Badum stated that the contra final se agreement using the quality based selection m pre j conf erib A k it will be satisfied. City Attorney t rei ted that the agreement is a professional services contract in which the City F owe negotiate to acquire the best price and was previously requested by Coun ........ . l iemoer wend secoIt b Uouncil Member Gardner to appr a Profes nal Services Agreement (PSA) with Leighton Consulting, Inc. (Leighto of I to conduct geotechnical observations and construction materials testing for a vic Center and Park Project at a not -to- exceed contract price of $326,563.00, 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 a offering their expertise, noted that it has been a great process, and believed that their alts will yield some good strategy information. XV. PUBLIC COMMENTS Casey Clark requested to speak to someone about the pi&h in the Ba sked for a referral for a doctor stating that she is ill from the water, argl, expressed appreci n for the dredging. Council Member Gardner invited Ms. Clark to al6nd a (¢` nastallBay Wate eting on July 8, 2010 to explore her issues. t`` XVI. PUBLIC HEARINGS Without objection, Mayor Curry items separately. Mayor Curry opened the public Economic Development Hearing no Items 19 -2 ± d stated that Council will vote on the no Wften protests were received. Curry cloaWthe public hearing. 19. BALBOA VII AGE` USINESS IM' OVEMENT DISTRICT (BID) RENEWAL: CONDUCT P ING ADOPT RESOLUTION CONFIRMING T O SE' .1 THE RENEWAL OF THE BUSINESS O T D RICT FOR KCAL YEAR 2010-2011.[100-20101 x iaa u wu •u inemner nosansK seconuetl b Uouncil Member W e to Resolution 2010- ¢confirming the levy of assessment for the for the renewal Balboa Villa Businesh Improvement District (BID) confirming the levy of the 41, ssessment fo the 2010 -2011 fiscal year, unless during the Public Hearing the received otests representing 50 percent or more of the total assessment The motion ZWd 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 Tom Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 21. CORONA DEL MAR BUSINESS IMPROVEMENT DIST CT (BID) RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RES TION CONFIRMING THE LEVY OF ASSESSMENT FOR THE RENE, OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 0-2011.[100-20101 Conduct public hearing; and b) adopt R assessment for the renewal of the Corona confirming the levy of the BID assessmej the Public Hearing the Council receiv,.',r total assessment amount. emu„ The motion carried by the following roll call Ayes: Council Member Selich, Curry, Council Member 22. NEWPORT BEACH IMPROVEMENT DIST); AND ADOPT UT THE RENEli O Hi YEAR 201(011. [I -2G Council Member fed bv 0huncil Member Webb to No. 2010- Ni the levy of Business Iistrict (BID) 92010 -2011 nless during =presenting r more of the i�psky, Mayor Pro Tem Henn, Mayor 36FPardner, Council Member Daigle R ASSOCIATION BUSINESS W NDUCT PUBLIC HEARING ING THE EVY OF ASSESSMENT FOR IMPROVEMENT DISTRICT FOR FISCAL m Henn. sti onded b Council Member Webb to adopt " t levy of assessment for the renewal of the iness Im air"' vement District (BID) confirming the levy of the 10 -2011 fiscal year, unless during the Public Hearing the ppresenting 50 percent or more of the total assessment motion carried y the following roll call vote: Ayes: cil Me er Selich; Council Member Rosansky, Mayor Pro Tem Henn, Mayor Cur Co Member Webb, Council Member Gardner, Council Member Daigle 23. CODE AM MENT 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 II, 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 (,.I.S.C.) (PA2010 -062) - 3501 JAMBOREE ROAD AND 301 BAYVIEW RCLE - PLANNED COMMUNITY AMENDMENT NO. PD2010 -004 TRAFFIC STUDY NO. TS2010 -002 - ADDING OUTPATIENT SURGERY D MEDICAL OFFICE AS PERMITTED USES, ADDING PARKING RE ENT OF 1/200 SQUARE FEET FOR SUCH USES, AND FINDIN HAT E TRAFFIC STUDY COMPLIES WITH THE TRAFFIC PHASING RDINAN [100 -20101 e Assistant Planner Whelan reported that the traftudy conclude t the project will not create a significant impact at the atiidy inter erections and staff r mended that Council introduce the Ordinance findirig,tbatt, traffic study complies the Traffic Phasing Ordinance. � �<u In response to Council Memb Gardner's que "s )on, Assistant Planner Whelan stated that the Braykob's reside in th ew Planned munity. Council Member Daigle noted th the g Comm, eion recommended approval of the project, stated that the b lding is can P'5 .ch is a great economic development oppo mty, and a esse ppreci for SK Hart's willingness to invest in the Ci` 3 Motion b €council ember Dai seconded b Council Member Webb to a) introduce ' ance o. 2010 -12 ap oving Planned Community Amendment No. PD2010 -004, ari ` a i end readin' on July 6, 1020; and b) adopt Resolution No. 20 g t t'ra etplies with the Traffic Phasing Ordinance, and ed on t igh the evidence' °m the administrative record, including Traffic tudy No. TS -002, ' e construction of the Project will be completed within 60 months of the p 'ect ap :val, the Project will neither cause nor make worse an satisfactory le v of tra service at any impacted primary intersection, and no rovements or in igations are necessary The 'on carried y the following roll call vote: Ayes: Con ' Me her Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, cil Member Webb, Council Member Gardner, Council Member Daigle 526. HOAG MEMORIAL HOSPITAL PRESBYTERIAN — DEVELOPMENT AGREEMENT ANNUAL COMPLIANCE REVIEW (C-2912).[38/100-20101 Motion by 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 Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XVII. CONTINUED BUSINESS 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 allow time for him to complete the Zoning Code Amendment. In response to Council Member Rosansky's thatchanging the term does not violate the Charter and other City regulations. Mayor Curry thanked all residents that Council Member Gardner suggested the a certain committee and that they I will aid Council Member's in the evalul City Clerk Brown read the Gloria Alkire (Daigle) Jerry Mug (Selich, Rosansky, City Clerk Trustees fo City Clerk City Clerk Broi Commission for a Brown Douglas Mayor C term. City Attorney Hunt stated Landis consistent with the �s express why tl t significance they applications. new appointees. are interested in bring, which ballot votes fbr the Arts Commission as follows: Daigle, Mayor Pro Tem Henn, Mayor that Gilbert Laskey is reappointed to the Arts the ballot votes for the Civil Service Board as follows: Rosansky, Webb, Gardner, Daigle, Mayor Pro Tem Henn, 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 Tern Henn, Mayor Curry) City Clerk Brown announced that Karen Rhyne is reappointed and Douglas West and Douglas McIntosh are appointed to the Harbor Commis on for a four -year term. City Clerk Brown read the ballot votes:for the Park, aches, and Recreation as follows: Tom Anderson (Selich, Rosansky, Webb, Gardner aigle, NPro Tom Henn, Mayor Curry) Ron Cole (Selich, Webb, Daigle, Mayor Jack Tingley ( Rosansky) Jack Wu (Gardner) City Clerk Brown announced appointed to the Parks, Beache , an Mayor reappointed and Ron Cole is mmssion for a four -year term. City Clerk Brown read the ballot v' s for la Coimnission as follows: Fred Ameri (4bb Gadner, Daigle, or Curry) Steven COViie(�ielich_ osanakv (:arrin 1 Ameriis appointed to the Planning term. Motion b Ma Cur econded b Council Member Webb to begin the new Planning Commis ner F Ameri's term on August 1, 2010 and extend current mung Commissi ' er Scott eotter's term to July 31, 2010. The tion carried y the following roll call vote: Ayes: Co ' Me er Selich, Council Member Rosansky, Mayor Pro Tem. Henn, Mayor Curry, cB Member Webb, Council Member Gardner, Council Member Daigle S27. 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. [100 -2010] 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 Member Daigle opposing, the majority authorized position control, with Council of Council in ted support for the motion. Regardmg the straw vote on the changes to Cc was unanimous support. In response to Council Me Manager Kiff stated that every organization that has or more will request approval from the Special Eve C vote on the Budget Checklist as amended, Cou voted voted in favor unanimously for the Mooring A&ministr Fiscal Year 2010 -11 Budget, and Policy A -)Z` Regard approved funding in the current budgetiid dime deadlines, and milestones to be schedud for th July 10' KCash Grants there r Gardner's question, City xpense to the City of $20,000 ittee. Regarding the straw in vor of approval. Council i co adoption of the City's the B a Theater, Council d that a disc 'on of the lease, 27, 2010 meetin egarding the Wayfindmg Sign Program, Council reco e#ded to discuss the subject the July 27, 2010 meeting. N Council Member Daigle expre concern that 1'`' 1 costs have doubled in three years. City Manager Kiff thanked sta or t rd work the budget, welcomed feedback from Council, and commended De rtment for aid" in solving problems. Mayor Curry comtgded staff for e' tstanding orts of not going into reserves V M. which was accgii push' d by substan reduction in workforce, working in partnership with barga' ig units3 contracting o good management, and staff focusing on their jobs. �iation for staff's approach to the budget by on the critical areas. inotion n uo a me er Webb seconded b Ma or Pro Tern Henn to a) approved the pr osed c ",'ges to Position Control; b) approved the proposed mmunity as Grants s recommended by the City Manager, including c ideration of S C's recommendations regarding funding for the Newport Beach Film estival an the OC Marathon; c) to apply any increase in Mooring Admfm tion co s via the new OCSD Harbor Patrol contract (estimated at $70,000) to Moorin er holders as soon as is practicable given noticing and other legal requiremen dopt Resolution No. 2010 -71 adopting the City's Fiscal Year 2010 -11 Budget, as a nded 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 Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XVIII. MOTION FOR RECONSIDERATION - None XDC ADJOURNMENT - Adjourned at 8:18 p.m. in memory of Carol Jewell and Dorothy Jo Swanson. The agenda for the Regular Meeting was posted XJune, 0, at 3:30 p.m. on the City Hall Bull etin Board located outside of the Cieach Administration Building. The supplemental agenda for the Regus posted on June 18, 2010, at 2:15 p.m. on the City Hall Bulletin Bo tside of the City of Newport Beach Administration Building. Volume 59 -Page 523