HomeMy WebLinkAbout01 - Minutes 6-12-12Agenda Item No. 1
June 26, 2012
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 12, 2012 — 7:00 p.m
I. STUDY SESSION - Cancelled
II. ROLL CALL - 5:00 p.m
Council Member Rosansky arrived at 5:10 p.m.
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III. PUBLIC COMMENTS REGARDING CLOSED SESSION" None" -'
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IV. CLOSED SESSION - 5:00 p.m
A- CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code §
5495 6, 9(a)):
1. Christian Benard v City of Newport Beach, et al
Orange County Superior Court Case Nod 30- 2011-00456286•
B. CONFERENCE WITH liEGAL, COUNSEL -AN, TICIPATED LITIGATION -INITIATION OF
LITIGATION (Government Code § 54956.9(c)),: One matter
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C. CONFERENCE WITH LABOR'NEGOTIATORS��9overnment Code § 54957.6):
Agency Designated, Representatives: Dave Ki£f, City Manager; and Richard Kreisler,
Special Counsel
Enipl'oyee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire
Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police
Management: -Association (PMA); Police Employees' Association (PEA); City Employees
Association (NBCEA); Newport Beach Professional & Technical Employees Association
(NBPTEA); Newport:"Beacb Employees League (LABEL); and Newport Beach Part -Time Unit
(UPEC, Local 777)"
V. RECESS
VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Sehch, Council Member Daigle, Council Member Henn
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VIII. CLOSED SESSION REPORT - City Attorney Harp reported that there is no Closed Session
report
iX PLEDGE OF ALLEGIANCE -Council Member Selich
X. INVOCATION -Mayor Pro Tern Curry
XL PRESENTATIONS
Youth Council Annual Presentation to City Council
Recreation Manager Cates provided background about;;tihe ''Youth Council and addressed
membership and participating schools. She introduceditbe' Youth Council Members in attendance
and staff liaison, Recreation Supervisor Harmon.
Youth Council Members Courtney Garkani, M`arisss ;,Fink, and Brian \Goldstone provided a
PowerPoint presentation addressing the Youth Council's mission, responsibilities and purpose,
duties and activities, community service projepts Youth Government Day; - "guest speakers,
recognition by the Newport -Mesa Unified School District ( NMUSD) Board and future goals. They
expressed tbeir appreciation to Council Member Rosansky, NMUSD Board Member Karen Yelsey,
and the 2012 Youth Council for tbeix sup port of the organization.
Council Member Rosansky commenteddposiiivelr,on Youth�Government Day and stated the
experience has been rewarding. 4
Mayor Pro Tem Curry congratulated Youth Council Members and expressed his well wishes.
2012 Newport Beach Res aursnt'Week
Peggy Fort, Vice President of Marketing for the' - .,Newport Beach Restaurant Association Business
Improvement-District (BID) provided a- Po-we_r.Po nt presentation that addressed the 2012 campaign
strategy including restaurant buy -in fees and media /outreach events, and provided an overview of
marketing 'and publ city�';resulc's.'��She presented information on restaurant participation revenue,
spo ors, sponsorship growth comparison from previous years, and marketing and publicity. She
adds`es "sed the budget, marketing the event online, social media marketing, partnerships and
website •.,analytics, website demographics, advertising, onsite promotions and campaign
measuremeint.,strategies, ae'well as an overview of campaign results and results from a post -event
survey. J,
XII. NOTICE TO THE PUBLIC
qui
Council Member Hill announced the birth of his second granddaughter, Eloise Caroline Hill.
Mayor Pro Tem Curry reported attending a briefing about port dredging along the Upper and Lower Bays,
with Mayor Gardner, Council Member Henn, Congressman Dana Rohrabacher, and Members of the U.S.
Army Corps of Engineers, and commented positively on the event. He commented on his participation in a
breakfast with the Navy League, as well as a recent Orange County Association of Cities Annual
Infrastructure Conference.
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Council Member Daigle addressed several events at the Central Library, including e -book training on June
13, 2012 at 7:00 p.m. and the kick -off of the summer reading program on June 23, 2012.
Council Member Henn reported that on June 5, 2012, staff hosted a meeting with the Marina Park
stakeholders where they reviewed the 50% design plans for Marina Park and noted that there was a very
favorable response from those who attended. He announced that the Coastal Commission will review the
project on June 13, 2012 and encouraged interested parties to attend the meeting which will be held at the
Huntington Beach Council Chambers at 9:00 a.m. He also reported that, on_June 7, 2012, he met with
Supervisor John Nloorlach, his staff, and the principals of ExplorOcean at th6- Balboa Village for a tour of
the facility. He reported doing a Career Day presentation for his grands(?Ws third grade class at Newport
Elementary School regarding Careers in Cities.
Council Member Henn announced that there will be a Balboa Villajet,Neighborhood Revitalization
Committee meeting on June 14, 2012 at 4:00 p.m. in the Council Chamfers. He noted that the next
Tidelands Management Committee meeting will be held on June 20, 2012 at 4:00 p.m. at the OASIS Senior
Center.
Mayor Gardner commented positively on the Corona delMar_5K, as well as the Balboa Island Parade. She
expressed her appreciation to residents near the Hartoi�` Who are patiently dealing with the noise and
annoyances associated with the harbor dredging project.
3OV. CONSENT CALENDAR
Mayor Gardner inquired regarding the possibility of the`Sthool District-,assisting with the cost of paying
the crossing guards (Item 13). City Manager Kiff reported that`assistanedbas not been requested in recent
years, assuming that the School District has no available funding <EIe noted that the parent groups are
assisting with matching funding, but not the District.
City Attorney Harp repor..led that,,�cegarding Item i3, there were typographical errors that have been
corrected and pointed out thaC a newiordinance was distributed.
Regarding Item 9 4
,,City F{iff reported thatho =changes are proposed to the BID boundary but there
is support from the BID and residents for amending the boundary. He noted that this change would
involve an ordinance amendment`whieh,would come back to Council in the next fiscal year.
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A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
ordinan eE'and resolutions under consideration, and direct the City Clerk to read by title
only.
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C. RESOLUTIONS FOR ADOPTION
4. SUBMITTAL OF OCTA PROPOSITION 1B STATE -LOCAL PARTNERSHIP
PROGRAM FUNDING APPLICATIONS. 1100 -20121 Adopt Resolution No. 2012 -37
affirming the City ?s commitment to use Measure M Turnback or Fair Share funds as the
required matching funds.
5. RESOLUTION AUTHORIZING GRANT APPLICATIONS FOR THE ORANGE
COUNTY TRANSPORTATION AUTHORITY BICYCLE CORRIDOR IMPROVEMENT
PROGRAM. /100- 20121 Adopt Resolution No. 2012 -38 authorizing submission of grant
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applications for the OCTA Bicycle Corridor Improvement Program.
6. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SELECTED
STREETS AND PARKING LOTS FOR THE JULY 4TH HOLIDAY PERIOD. 1700-
2012] Adopt Resolution No. 2012.39 authorizing the temporary closure of Seashore Drive,
Newport Boulevard, Back Bay Drive and Balboa Boulevard, selected parking lots, and
selected feeder streets.
7. REPEAL RESOLUTIONS NO. 86 -2 AND 86 -9, ABOLISHINGn'THE YOUTH COUNCIL.
[100 -20121 Adopt Resolution No. 2012 -47, repealing Resolution Nos. 86 -2 and 86 -9, thereby
dissolving the current structure of the Newport Beach Youth - Council.
12. RESOLUTION 2012 -44 RELATING TO UPDATING MEMBERSHIP OF THE CITIZEN
ADVISORY PANEL OF THE TIDELANDS MANAGEMENT'`COMMITTEE. [100 -20121
Adopt Resolution No. 2012 -44 amending the membership of the Citizens Advisory Panel of
the Tidelands Management Committee to reBect eight (8) members'fulal as decided by the
Tidelands Management Committee.
D. CONTRACTS AND AGREEMENTS
13. SERVICE AGREEMENT WItIf ALL CITY MANAGEMENT SERVICES, INC., FOR
CROSSING GUARD SERVICES'( ,-6;137). [381100-2012] Approve and execute the
Service Agreement with All City M4nagemenr,Services, Inc., for crossing guard services, at a
not -to- exceed cost of $500,000 during the term ofrthe =agreement.
14. STORM DRAIN,,,--UNIT CONSTRUCTION - AWARD OF CONTRACT NO. 4915.
[381100-2012),r, ) Approve the project drawing and specifications; b) award contract No. 4915
to Excel Paving;Company for the total bid price of $261,456 and authorize the Mayor and City
Clerk to execute';the contract; and c) establish a contingency of $39,218 (approximately 15
percent) to cover thiscost'of- unforeseen work.
15. JAMBOREE ROAD BR'IDIGE WIDENING OVER STATE ROUTE 73 - APPROVAL OF
'AMENDMENT NO. 2 WITH ANDERSON PENNA. (381700 -20121 Approve Amendment
2 with Anderson, Penna' for additional construction management services at a not -to-
exceed price of $48,63.1 for the Jamboree Road Bridge Widening over State Route 73 project,
awFauthorize the Mayor and City Clerk to execute the Amendment.
E. MISCELLANEOUS
16. PLAiNNING COMMISSION AGENDA FOR JUNE 7, 2012. (100 -2012] Receive and file.
17. ANNUAL MEASURE M FUND ELIGIBILITY REQUIREMENTS. [100 -2012] a) Adopt
the Seven -Year Measure M CIP; and b) direct staff to submit all necessary material to OCTA
to satisfy the Measure M annual eligibility requirements.
18. NEWPORT HARBOR NAUTICAL MUSEUM - ENCROACHMENT PERMIT AND
AGREEMENT TO REPLACE AMUSEMENT EQUIPMENT WITHIN THE EASEMENT
FOR SIDEWALK, PUBLIC UTILITY, AND PEDESTRIAN PURPOSES. 1100 -20121 a)
Approve applicant's request to replace, maintain, and operate the bungee trampoline
equipment, stairway, and appurtenances encroaching into the easement for sidewalk, public
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utility, and pedestrian purposes at 600 E. Bay Avenue; and b) authorize staff to execute an
encroachment permit (N2010 -0109) and encroachment agreement for these improvements.
19. DIRECTIVE TO EQAC TO REVIEW ENVIRONMENTAL IMPACT REPORTS FOR
THE UPTOWN NEWPORT PROJECT AT 4311 -4321 JAMBOREE ROAD, THE
WESTCLIFF MEDICAL ARTS BUILDING AT 1901 WESTCLIFF DRIVE, AND THE
BACK BAY LANDING MDMD USE - PROJECT AT 300 EAST COAST HIGHWAY. 1100-
20121 Direct the Environmental Quality Affairs Citizens Advisory Committee (EQAC) to
review and submit comments on the draft environmental Impact reports for the Uptown
Newport, Westcliff Medical Arts Building, and Back Bay Landing Mixed -'Cse projects.
20. TRAFFIC SIGNAL MODERNIZATION PHASES ',5 COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4698. (38/1.00 2012) "a) Accept the completed work
and authorize the City Clerk to file a Notice of Completion for`the project; b) authorize the
City Clerk to release the Labor and Materials Bond 35 days after'Ithe Notice of Completion
has been recorded in accordance with applicable portions of the Civil Code; and c) release the
Faithful Performance Bond one year after Council acceptance.
21- BUDGET AMENDMENT TO APPROPRi'i5TE EXPENDITURES AND REVENUES
FOR LIBRARY LITERACY SERVICES- 1100 -20121 Approve Budget Amendment No.
12BA -039 to appropriate $27,350-Srom the 030.22482 special purpose deposit account to
increase revenues in account 4010:5691 by the same amount and increase expenditures in the
Literacy accounts: Salaries & Beriefrts: "4060:7020 by $`19,000; 4060 -7210 by $450.00; 4Q60-
7425 by $325.00; 4060 -7440 by $800.00 ;c and 4060 -7460 by $115.00; and Operating
Expenditures: 4060 -8012 by $6110; 4060 -8060 by $100:00; and 4060.8105 by $450.00.
22. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF
NOMINEES.,r1100 -20121 Confirm tlie`; nomination made by the Ad
Committee, as`listed in the staff report.
S28. CONSIDER APPROVAL OF_- -THE CHARTER UPDATE
RECOMMENDATI6N7`,TO ADD "CHARTER SECTION 1106
PROGRAM. 133!!00 -20121 Authorize the Charter Update Committee
..Program Charter Section lfk
otion by Miivor Pro Tern Curry, seconded by Council Member Rosanskv to
Calendar, except for,the items removed (1, 3, 8, 9, 10 and 11).
The motion carried by `th'e,,following roll call vote:
Hoc Appointments
COMMITTEE'S
TO ITS WORK
to add to its Work
approve the Consent
Ayes: Council Member Hill; Council Member Rosaosky, Mayor Pro Tem Curry, Mayor Gardner, Council
Member Selich, Council Member Daigle, Council Member Henn
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
1. MINUTES FOR THE MAY 22, 2012 STUDY SESSION AND REGULAR MEETING. 1100-
20121
Jim Mosher reported having submitted written comments regarding the minutes to the City Clerk
and assumed they have either been incorporated or rejected. Regarding the Study Session minutes,
he requested clarification about the responsibilities of the Parks, Beaches and Recreation
Commission (PB &R) and their Charter obligation to make recommendations to Council regarding
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how the monies for those purposes are allocated during the year. He believed that PB&R does not
have the option to defer their responsibilities to anyone. He reported asking the PB &R Commission
about deferring their Charter responsibilities to Council and they unanimously indicated having no
recollection of doing so. Mayor Pro Tern Curry noted that no Commissioner serves longer than eight
years and that there may be history beyond eight years relative to the practice.
Motion by Mayor Pro Tern Curry, seconded by Council Member Rosansky to waive reading
of subject minutes, approve as amended, and order filed.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Daigle, Council Member Henn
3. AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE}; CODE ENFORCEMENT
PROGRAM, NEWPORT BEACH MUNICIPAL CODE CHAPTERi 1.05 AND SECTIONS
1.04-010,10-66-060 AND 10.66.070. f100 -20121
Jim Mosher noted that this has been before - Council twice and reported sii_bmitting written
comments before the meeting regarding the issue., i, expressed concern regard"' deletion of how
notices to violators are currently provided and how {lie, new process allows the notice to be mailed.
City Attorney Harp stated that it is inefficient to have -'a multi -step process for serving notices. He
noted that service by mail is recognized as,a proper way to'serve people.
George Schroeder expressed support of the ordinattee.
Discussion followed regarding the levels of tines. City'Attol- uey.,Harp noted that Code Enforcement's
goal is to bring properties(; Into compliance,�)not.-teffenerate re4enues. He stated that he finds it
hard to imagine a scenario where high levels of,fines would be reached.
Motion by Councir- .Member Rosansky, seconded by Council Member Henn to introduce
amended Ordinance N61._2012 -13_ amending NBMC Chapter 1.05 to establish an Administrative
Code Enforcement Pro&Ani'eSec €ion 1 04;010 td;add Civil Penalties; and Sections 10.66.060 and
10.66.070 to -all"gn the admiiAstrative appes s-process, and pass to second reading on June 26, 2012.
The _rx otion carried by the`following roll call vote:
Ayes'.'- Gouncil Member Hill:: CounciKMember Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Daigle, Council Member Henn
8. RESOLUTION,, ,OF INTENTION TO RENEW THE MARINE AVENUE BUSINESS
IMPROVEMEN7rDISTRr i'CT AND LEVY ASSESSMENTS IN FY 2012-2013.1100-2012]
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Regarding Items 8, 9 -.10 and 11, Jim Mosher expressed the opinion that none of the Business
Improvement Districts (BIDs) should be reviewed because the functions performed would be more
appropriately done by private booster groups which solicit contributions for private benefit. He
addressed discrepancies in the BIDS regarding their roles and stated that he finds it inappropriate
to give them control over the collected levies. He pointed out disinterest by members to serve on the
boards and requested that Council not renew the BIDS.
Council Member Hill reported that the BIDs have existed since the late 1990's and believes they
have been and continue to be a significant part of the City's economic development and community
vitality. He expressed support of the BIDs and took issue with Mr. Mosher's comments.
Motion by Council Member Rosansky, seconded by Council Member Henn to a) approve the
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Marine Avenue Business Improvement District FY 2011 -2012 Annual Report; and b) adopt
Resolution No. 2012 -40, a Resolution of Intention to renew the Marine Avenue Business
Improvement District and levy assessments in Fiscal Year 2012 -2013 and set the public hearing
date for June 26, 2012.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Daigle, Council Member Henn
9. RESOLUTION OF INTENTION TO RENEW THE BALBOA VILLAGE BUSINESS
IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS IN F_ Y 2012 -2013- [100 -20121
Jim Mosher addressed a request by the BID to change the - boundary, ,but noted that the request is
not part of the report.
Scott Palmer, BID Administrator, reported that the BID brought forward- thcgrequest to change the
boundaries but staff advised that this could be handled atii later date. He agreed that the boundary
change is not part of the renewal. He read a findingwhich supports removing the area west of
Adams Street from the BID boundary.
W. R. Dildine stated that he was told that the boundary;issue would be resolved tonight.
Following discussion, it was the consenaus;of_Council to bring the issue relative to the boundary
back at a future meeting. ', -
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Motion by Council Member Henn, seconded by=Counci]"Member Rosansky to a) approve the
Balboa Village Business -? Improvement District" FY 2011 -2012 Annual Report; and b) adopt
Resolution No. 2012A1, a ;Resolution oe Intention to renew the Balboa Village Business
Improvement District and levy assessments -in Fiscal Year 2012 -2013 and set the public hearing
date for June 26, 201,
The motion carried by thelollowirrg <roll-call vote-,
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Daigle, Council Member Henn
10, RESOLUTION OF INTENTION TO RENEW THE CORONA DEL MAR BUSINESS
IMPROVEMENT DISTRICT AND LEVY ASSESSMENTS IN FY 2012 -2013. [100-20121
Ron Hendrickson. believed that the residents in the area have concerns with the plans to remove a
lane from Coast `Highway at MacArthur Avenue with the intent to widen the sidewalk at the
intersection. He spoke, in opposition to the project and announced an upcoming meeting on June 14,
2012 where the issue will be discussed. He encouraged residents to attend. Council Member Henn
clarified that the Corona del Mar entrance plan is not on the agenda for the June 14, 2012, Citizens
Advisory Panel (CAP) meeting. Mayor Gardner added that the Corona del Mar entrance project has
not budgeted, but rather the funding for the proposed live test has been approved.
In response to Council Member Daigle's inquiry regarding the authority of the BID Board to
appropriate funds, City Attorney Harp reported that the current process is in compliance and noted
that Council has the authority to modify the Annual Report prepared by the BIDS.
Motion by Mayor Pro Tem Curry, seconded by Council Member Henn to a) approve the
Corona del Max Business Improvement District FY 2011 -2012 Annual Report; and b) adopt
Resolution No. 2012 -42, a Resolution of Intention to renew the Corona del Mar Business
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Improvement District and levy assessments in Fiscal Year 2012 -2013 and set the public hearing
date for June 26, 2012.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Daigle, Council Member Henn
11. RESOLUTION OF INTENTION TO RENEW THE NEWPORT BEACH RESTAURANT
ASSOCIATION BUSINESS IMPROVEMENT DISTRICT AND LE �Ti ASSESSMENTS IN FY
2012-2013,1100-20J21
Motion by Council Member Hill, seconded by Mayor Pi o Tern Curry to a} approve the
Newport Beach Restaurant Business Improvement District`FY MIJ -2012 Annual Report; and b)
adopt Resolution No. 2012 -43, a Resolution of Intention to renew the Newport Beach Restaurant
Business Improvement District and levy assessmentsein' Fiscal Year 20127,2013 and set the public
hearing date for June 26, 2012.
The motion carried by the following roll call voter,
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Daigle;'C:ouncil Member Henn
XVI. PUBLIC COMMENTS
Bettina Deininger commented on a recent Lidojsland resident meeting regarding revitalization of the
area. She spoke in opposition to building apartments and a parking structure on the current City Hall
site, and suggested looking into building a boutique, hater'
XVII.
Council Member Rosansky reported on a recent meeting of the Charter Update Committee, noting that
good progress is being made. He r6porte. ihatthe.nextmeeting will occur June 14, 2012, at 4:00 p.m. in
the Friends Room of the Central Library.
Mayor Pro'Tem Curry reported'oh a recent 'meeting of the Finance Committee, stating that the Committee
received a report relative to the process fo`r;,iefunding its outstanding Assessment District bonds for all of
the Assessmentt,_Districts in the Cuity except for Assessment Districts 100 and 103. He stated that the
Committee received a bid from a bank to refund the bonds with an interest rate of 2.26 %. He reported that
this will enable the City to refundmoney to the remaining Assessment District property owners.
XVIII. PUBLIC HEARINGS -
23. ADOPTION OF FISCAL YEAR 2012 -13 APPROPRIATIONS LIMIT- 1100 -20121
Finance Director McCraner presented details of the Appropriations Limit report, noting that the
State Constitution limits the amount that governments are allowed to increase appropriations
annually and noted that the City's limit is $150 million. She noted that the proposed budget was
lower than that amount by approximately $32 million.
Mayor Gardner opened the public hearing. Hearing no testimony, she closed the public
hearing.
Motion by Council Member Rosansky, seconded by Council Member Henn to adopt
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Resolution No. 2012 -45, the City's Appropriations (Gann) Limit for Fiscal Year 2012 -13 in the
amount of $150,988,947.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner,
Council Member Selich, Council Member Daigle, Council Member Henn
24. RESOLUTION NO. 2012 -46; FISCAL YEAR 2012 -13 BUDGET ADOPTION. [100 -2012]
Finance Director McCraner presented details of the report and addressed core budget principles, the
budget checklist, FY 2012 -13 budget with checklist items, and.recommendations. She addressed
previous reviews and Council actions, the addition of neighborhood revitalization projects, and
changes subsequent to the May 22 Council meeting.
In response to Mayor Gardner's question regarding the "Fire Department NsKicles, Fire Chief Poster
reported that the three vehicles to be purchased areea ladder company, an, engine company„ and a
paramedic ambulance. Council Member Selich` noted., a new ladder vehicle was purchased
approximately three years ago and that the oldladder V` hicle was put in reserve; Fire Chief Poster
reported that the old truck that is currently in re`seh.-c will be auctioned and that Ne current ladder
truck will be placed in reserve.
Finance Director McCraner continued with her presentation, addressing CIP re- budgets, total
budget expenditures and total budget revenues. , She reportd_ that the budget remains balanced,
and addressed funding for checklist itemssand staff - recommendations.
Discussion followed regarding possible conflicts. Council Member Hill expressed concerns regarding
the Balboa Boulevard Landscaping item, whereby, City Attorney Harp advised him to recuse himself
from that line item but "noted that he is allows to vote on the overall budget.
Council Member Daigle reported that she had requested additional information relative to reservoir
cover material. City Manager _Kiff reported that Council will have input regarding how the
applicable %Tnggr ,is,,selectied as well as °uraterials:
Mayor /Gardner indicated that she does not support allocating $15,000 for the Balboa Island
Historical Society because.�she would like to see a City -wide Historical Society.
Addressing Council Member Hill's question regarding the Irvine Boulevard Median Project, City
Manager lfiff noted that Council previously approved and funded the item.
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Mayor Gard u`er opened the public hearing, excluding the Balboa Island Historical
Society item and ,Balboa Boulevard Landscaping Project. Hearing no testimony, she
closed the public hexrkng.
Motion by Mayor Pro Tern Curry, seconded by Council Member Rosansky to adopt
Resolution No. 2012 -46 adopting the City Manager's Proposed Fiscal Year 2012 -13 Budget,
excluding the checklist line items relative to the Balboa Island Historical Society and the Balboa
Boulevard Landscaping (design).
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Daigle, Council Member Henn
Mayor Gardner opened the public hearing on the Balboa Island Historical Society item
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Tom Popplewell, Executive Director of the Balboa Island Museum and Historical Society, discussed
the volunteers on Balboa Island and reported that the museum was moved in order to increase
public access and improve displays. He thanked the City for previous support and the direction
sign, and addressed fiscal challenges. He requested Council support of their request.
Discussion ensued regarding last year's appropriation from the City.
Hearing no further testimony, Mayor Gardner closed the public hearing.
Council Member Selich expressed support for the item. He agreed: with the possibility of having a
City -wide Historical Society but spoke positively about the curren,WRistorical Society facility.
Mayor Pro Tem Curry also expressed support for the
$15,000 checklist line item relative to the Balboa Island Historical Society.
The motion carried by the following roll call vote--,
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem
Selich, Council Member Daigle, Council Member, Henn
N v1 G do -
d Society
Hill to to approve the
Curry, Council Membei
oes.i ayor ar er
Mayor Gardner opened the public hearing relative to tilie Balboa Boulevard Landscaping
Project.
Council Member Hill recused bzmself because he owns property within a 500 -foot radius
of the Balboa Boulevard' Landscaping Prolect and left the dais.
Motion by Mayor Pro Tem Curry, seconded by Council Member Henn to approve the
$265,000 checklist line�item relative to the Balboa Boulevard Landscaping (design).
The motion _carried-b}, the 'following rol-I callpvote -,
Ayes: Council Member'�Rosansky, ,Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich,
^;Council Member Daigle, Council Member Henn
City Manager Kiff expressed his appreciation to Finance Department staff and all the Department
Directors for their hard work.
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Mayor Pro Tem, Curry commented positively on the process, addressed the City's surplus, and also
commended staff for theirrhard work.
XIX. CURRENT BUSINESS
25. PROFESSIONAL SERVICES AGREEMENT WITH TH ARMSTRONG & ASSOCIATES FOR
BUSINESS IMPROVEMENT DISTRICT NIANAGEMENT (C- 5156). /381100 -20121
Assistant City Manager Smith addressed the process, including goals and objectives and the scope of
the work required. Regarding the Request For Proposal (RFP), Senior Buyer Nguyen reported on
the unique qualifications required to be a BID Manager; presented details about the RFP process for
professional services; and addressed the distribution of the RFP, receipt of the proposals, and
evaluation of the RFP by a multi- person panel. He further discussed the evaluation panel, ranking
and scoring, and the protocol followed for evaluating professional services. He stated that the City
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received five proposals, but only three were core proposals. He presented a brief summary of each of
the three proposals, including the winning proposal from TK Armstrong and Associates (TI). He
listed their qualifications and added that they aligned with the City's requirements.
Council Member Hill inquired regarding the familiarity of the panel with Visit Newport Beach Inc.
(VNB).
Public Information Manager Finnigan reported that one of the panelists had previously been a
member of the VNB Board while employed by The Irvine Company.
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Mayor Pro Tem. Curry noted that the costs were evaluated after review-of the qualifications and that
TIC was found to be more qualified than the other two firms; howevenihe expressed concern that the
proposed budget would use all of the available BID revenues.
Assistant City Manager Smith reported that the BT , a currently have assessments and
sponsorships. She noted that the City once had an economic development program which provided
funding for the BIDS, as well as support by various CityxTdepartments. S)ie; addressed the benefits of
having an administrator to not only support the. >BIDs -but enhance their functionality. The
Administrator would be expected to coordinate with VNB,And handle contracE n"g,for other services,
including marketing. City Manager Kiff notedi'the marketing component would Come from BID
money and TK would just be managing contracts and subcontracts.
In response to Council Member Hill's questions, Assistant City Manager Smith reported that there
is no intent to markup subcontractor pricing, but the administrator will allow for a more efficient
process of how BIDS contract for services.';: }
,
Discussion followed regarding TK's responsibility for designing marketing programs.
Council Member Hill coo nentcd on their scupe,owork, believing that they would be replicating the
work that VNB performs, bu$; the VNB does this at no additional cost other than what the City
K„
already pays for the-Transient Occupancy Tax (TOT) for their operation. He expressed concern that
the contract does not require coordination with VNB.
Bernie Svalstad,•Corona del "Mar BfD'President.- 'spoke on behalf of all of the BIDS, referenced an
email distributed under.•separate cover, asked that action on the item be delayed and fisted reasons
for doing so,
Jim.•Walker, President of'the Nei. %port Beach Restaurant Association BID, reported meeting with
thz'we iious RFP respondeiia and noted that TK Armstrong came in third in the evaluation by the
BID presidents. He po nted out that the Newport Beach Restaurant Association BID is a marketing
BID and expressed concerns that the proposal does not mention marketing services.
Sherry Drewery ;Balboa Island BID Member and Vice President of the Newport Beach Restaurant
Association BID, stated that they are made up of individually -owned businesses and do a lot of work
on the aesthetics of ,''tbe Island. She believed that the marketing component is missing and
expressed concerns with TK's lack of experience in the area.
Craig Batley, President of the Balboa Island BID, expressed the opinion that there is
miscommunication. He noted that there have been increases in the cost to perform BID
administration, however, no money has been allocated for marketing. He indicated a desire by the
Board of Directors for more information and time to review and discuss the issue.
Jim Mosher indicated that the handout he sent has comments regarding the evaluation process and
panel, and on the need for increased transparency.
Scott Palmer indicated that his proposal was for $168,000 and that there was an additional $38,000
added to his proposal so that David Stone can conduct a consensus - building program, which was an
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add -on at Council's pleasure.
Ali Zedab, Corona del Mar BID, agreed that the BIDs need help but does not agree with the cost for
the service. He believed that it would be better to have the City Manager decide whether there
should be a BID - dedicated staff member than leaving it up to an RFP panel. He addressed the RFP
process and believed that transparency m the decision- making process was unclear.
Kerry Armstrong, TK Armstrong and Associates, reported that her firm has senior- certified
marketing staff so that engaging other marketing firms is not ,necessary except to work
collaboratively with the people that are already in place. She discusaed her company's strengths
and agreed that collaboration is needed with VNB. She emphasized__Ae importance of engaging the
BID Boards.
Dan Purcell believed that the process is flawed and questioned tlie, City subsidizing Restaurant
Week.
Mayor Gardner indicated that she attends BID Board�meetings for two BIDs-,and believed that most
of the BID members would agree that help is needed. She pointed out that `.the City is currently
spending money to help manage the BIDs through the use of City staff.
Council Member Henn noted that the BIDs' lack.` of_ assistance in website design and content
management is a problem that needs to be solved arid- believed that there is an opportunity for
improvement. He indicated that anotlieriproblem involves, continuity with BID Board membership,
as well as consistency and integration oftlie-look,and feel of the;BIDs, and in collaboration with the
VNB.
Council Member Selich reported that he attends ,1311) Board' meetings for two BIDs on a regular
basis and is aware of theezisiing problems. ''He,ei:pressed the opinion that the City's overall goal is
to grow the BIDs and make them stronger. y
,
Mayor Pro Tem Curry'noted that restaurants are the number one revenue generator in the City. He
addressed the nature of'BIDF and- :a_l_adc of trust with the decision produced by the City's process
because the BLn�; felt thaethey were no`t4 ivohed in the process.
CounciPMember Hill eipressed'the opinion that he has an issue with the scope of work in the RFP
sinCe.,he did not see anything relative to the utilization of the VNB. He addressed the importance of
consistency with the branding and reported that items that need focus on and attention to are
website th.4nagement, consistency of contracting, and governance standardization.
i
Council Mer er Daigle commented regarding the current process and what is being proposed.
Public Informaii';m'Manager Finnigan addressed the current administrative process. Assistant City
Manager Smith noted-thai the process is not streamlined and that staff spends a great deal of time
on BIDs. She furtheraddressed how TK would improve current operations. She emphasized that
the City's goal is to create consistency and standardize the look ofthe websites and integration of the
BIDs.
Council Member Henn stated the need for increased input from BID Boards in order to coalesce
around what they believe their needs are and how that is reflected in the process. He noted that
what is needed are marketing management functions.
Discussion followed regarding confirming a commitment from VNB to assist with marketing and
giving clear direction to staff.
City Manager Kiff listed issues raised by Council, including clarification relative to the interaction
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City Council Minutes
June 12, 2012
with VNB, specific clarification of what might be done with or without monetary transactions; filling
in the marketing void; determining what marketing work will be done by the contractor and what
marketing work might be supplemented; and increasing interaction with BID Boards to identify
thew view of their needs, web management, consistency in contracting, and regulations.
Council Member Selich requested quantifying what staff resources are being spent in managing the
BIDS and what the additional expenditures will include.
Council Member Rosansky indicated that he would like to see a work plan timel ne.
Mayor Pro Tern Curry emphasized the need to reconcile some of thec;ezpressed reservations from the
BIDS.
Council Member Hill stated that he was confused regarding` the selection of vendors and expressed
the need for clarification.
Council Member Henn noted that the goals of having an administrator include relieving the BIDs of
contracting drudgery and better oversight and control over the contracting procfZs-
Motion by Council Member Rosansky, secoride:A'by Council Member Hill to continue the
item to the August 14, 2012 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member'-Rosansky, Mayor, Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Daigle; Council Member Henn
26. NEWPORT BOULEVARD AND 32ND STREET MODIFICATION - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENTV WITH VA CONSULTING (C-6167). (38/700-
2012)
Deputy Public Works'Direct6r• -Webb provided';the staff report and addressed modernization and
synchronization- projects.'�He noted that staff,applied for grant funds from the Orange County
Transpci to ion- Authority (OCTA) to condu2t:_widening at choke- points in the City. He further
addre"ed specific locations andstated that grant funds have been awarded to start the design. He
reported a concept was de?eloped' and the item went out to bid.
Counch,Member Selich inquired regarding the need for additional right -of -way at the southeast
corner of 32nd Street and Newport Boulevard. Deputy Public Works Director Webb responded that
the concept &s.ign does not fully solve right -of -way needs, and that there will be parking issues and
right -of -way issues. He reported that the Via Lido design plans will be shared with the consultant
for incorporation aiid that the goal is to add as much capacity as possible.
Council Member Henn emphasized that his support for the project is strictly based on improvements
to egress/ingress on the Peninsula.
In response to Mayor Pro Tern Curry's question, Deputy Public Works Director Webb reported that
the chosen firm is the best qualified bidder and staff is comfortable with their fee.
Council Member Hill expressed the opinion that this is a step in making improvements to the Lido
Village area. Deputy Public Works Director Webb addressed possible challenges with the project
but noted that staff has contingency plans. He added that design standards will be incorporated
into the project.
Motion by Council Member Selich, seconded by Mayor Pro Tem. Curry to approve a
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City Council Minutes
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30X.
iml
Professional Services Agreement with VA Consulting of Irvine, California, for the Newport
Boulevard and 32nd Street Modification project at a not -to- exceed price of $278,973, and authorize
the Mayor and City Clerk to execute the Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner,
Council Member Selich, Council Member Daigle, Council Member Henn
27. FISCAL YEAR 2011 -12 DISCRETIONARY GRANT EXPENDITURES, RECREATION
CONTRACTOR AND OTHER CONTRACTOR REPORTING. (I00 =2012]
Council Member Daigle requested disclosure of discre
Manager Kiff reported that staff does not have the ability I
provided by staff. City
ionary grants.
,
Council Member Henn noted that the reference to Bayside Village BID- should be Balboa Village
BID.
Jim Mosher spoke in opposition to discretionard,granti' and noted the numbei of on -call contracts
that have been issued. • `
City Manager Kiff noted that there is a City Council Policy regarding discretionary grants that sets
strict restrictions as to what the funds 'can and cannot be spent on.
MOTION FOR RECONSIDERATION - None
ry
ADJOURNMENT - 9:55 p.m.
The agenda for the Regular Mee €iug was posted on June 8, 2012, at 2:00 p.m. on the City Hall
Bulletin Board located,optside of the City of Newport Beach Administration Building. The
amended agenda for the Regular- .Meeting was posted on June 9, 2012, at 6:24 p -m on the City
Hall Bulletin Board located outsi'd'e of:the City of'Newport Beach Administration Building.
_4,,
City Clerk
Recording Secretary
Mayor
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