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HomeMy WebLinkAbout01 - Minutes - 5-27-2008Agenda Report # 1 -June 10, 2008 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session May 27, 2008 — 3:00 p.m. I. ROLL CALL. Present: Council Member Henn, Mayor Pro Tem Daigle7. Mayor Selich, Council Member Webb, Council Member Curry, Council Member GaYdnei' . Excused: Council Member Rosansky = =- i II. CURREPIT_BUSINESS =° 1. CLARIFICATION OF ITEMS ON THE CONSENT CALEN�R. ZP In response to Mayor Pro Tem Dagle'ts question regarding Item #5 (Termination of Option to Purchase Block 500 of Newport Ceijter Drive), City Attorney Clauson stated that the only land use restriction that The Irvine.- Company placed on the property is that the property can only be u'�,' Ifo; open space ari21 „as a public facility. Regarding Item #9 ( "Go Local" Transit Study) City'1tl na er Bludau.. stated that the OCTA Grant specifically conditions the City to only atudtransport of passengers within the County - Regarding Item #22 (Reclasaificationoi` mor Human Resources Analyst), he stated that there is a;.need for somedne to,, rsee the =trecruitment process because of the high volume BYimai Resources NIatla`ger Ramsey explained that recruitment has increased 100% ih, the last three years: :'and the Recruitment and Selection Supervisor will be in charms of training, performance evaluations, negotiations and employee relations. She noted tli';t,the lassification will not be a temporary fix. Adminis€&tive vices Manager Danner displayed a PowerPoint presentation that vices included t BudgelM,_Reconciliation and noted that there is a $23 million reserve for Capital Fac ,:ties ReAement that has expenditures that are not yet committed. Using a Po erPo. t presentation, Assistant City Manager Kiff displayed the allocation lan for Cit Zuncil, which included salaries and benefits, maintenance and operation, a tal outlAy, and Council grants. At the request of Council Member Curry, he explained thae t° pital Outlay budget is usually used for other Council needs such as computers and tho�V the expenditures in that account tend to be low. He also provided the report for the City Manager's office and stated that the department oversees three divisions: Code & Water Quality Enforcement, Harbor Resources, and the Public Information Department. He provided the number of employees in each division, their work, major accomplishments and challenges ahead. In response to Council Member Henn's question, Assistant City Manager Mff stated that he is confident that code enforcement resources can be covered relative to group homes, but will continue to monitor the situation and request additional staff resources in a timely manner, if necessary. In response to Council Member Henn's question, City Attorney Clauson stated that litigation expenses will be handled through Risk Management that involve a monetary Volume 58 — Page 488 City of Newport Beach Study Session May 27, 2008 claim for damages, to allow the City to put the insurance companies on notice. Writs without a claim for monetary damages will be handled through the City Attorney's Office. In response to Mayor Pro Tern Daigle's question, Assistant City Manager Kiff stated that the Grand Jury has allowed the City to sort through the remaining issue of transferability of the moorings. City Attorney Clauson noted that a recommended action was proposed by the Harbor Commission's subcommittee and changes will be made- In response. to Council Member Webb's question, staff stated that the Sister City Association funds are in the Arts and Cultural budget;; I Deputy City Clerk Brown provided a PowerPointpesentation which included the mission statement, duties, allocation plan, service; indicators, accomplishments, goals, and challenges. Human Resources Director Ramsey provided a presentation that included the allocation plan, department overview, challenges, organization, s4*' a indicators, and city -wide reclassifications. "' !..... In response to Council Member Henn's question, City Attorney Cih``uson explained that a new law has been passed to stop drug testing on all employees. She noted that safety sensitive positions can tl be tested In response to Counc e' r Henn s question, Human Resources Manager Ramsey stated that the increase to the operations portion of the budget is for costs of tuition reimbursement, recruitm gtestm g n' . t e ployee service pins. In response to Council Mrry's "" question, Human Resources Manager Ramsey stated'Tzhat the Coaty Zr esa Community Center is used because it is bigger and In respon e i, s ayor Pro1em Daigle's question, Human Resources Manager #sey stated tha "' lie departm t narrows the applicants by using the Neo -Gov system, whiFIftlows'abphcants to apply, be screened, and notices can be composed. In respon� to Cott cil Member Henn's question, Risk Manager Farley stated that the amount of i44rkers chi 6p claims is a trend. City Manag Jr Bludau emphasized that the reclassification study does not guarantee that ill pp.ositions w be approved. He informed Council that he did not recommend two of the positions, b#t does not dispute them. Count ember Henn commented that the Human Resources Department has done a good jo implementing new systems and encouraged them to continue. City Attorney Clauson provided a PowerPoint presentation that included staffing changes, successes, service indicators and challenges. She noted that there has been a significant change in the amount of the maintenance and operations budget because of outside expenses for Council initiatives such as the solution to the eelgrass situation, the litigation for the IBC (Irvine Business Complex), and group homes, which all attributed to high outside legal counsel expenditures. She provided a handout that included the proposed changes to staffing and information on other cities in the area that provide their own legal counsel. She also gave the basis for her requests for additional employees /staff changes. Volume 58 - Page 489 City of Newport Beach Study Session May 27, 2008 Administrative Services Director Danner provided a PowerPoint presentation which included the mission statement and the proposed and amended budgets, significant revenues, major charges, fees and taxes, fines, debt services, City audits /reporting, and the bench marking initiatives. In response to Council's questions, Administrative Services Director Danner stated that there is $5.4 million in potential revenues from the recently completed User Fee Study, that is not included in the report. He also stated that the increase in salary number totals is mostly related to the Information Technology Department's reclassification, step increases and MOU changes. The budget reflects if t positions were filled 100% of the time and the drop in the budget in the maintenan nd professional and technical is due to the one time cost study and the benchmarking_j ort. III. PUBLIC COMMENTS: Council Member Gardner introduced 6th g.r6ders in Ms. estover's class from Mariners Elementary School. A ,, Cleo Harrington addressed Council abc styrofaam and believed that i rms living beings and pollutes the world. She talked about _ e and it's effect and urg Council to help ban styrofoam in Newport Beach. " - Nick Allen stated that the cafe used styrofoa , ays for lunches, but now uses cardboard. He explained that styrofoam take ars to deco and stated that it has already been banned in Hawaii and San Franc o._ Alexander Palmer stated that according to t vironmental Protection Agency), styrofoam is bad for the body 'Shg urged people to earth she hich is safer, and hoped that the city of Newport Beach AI be` tyrofoam free. Valerie Amoate,.talked "about the healt risks and how styrene can cause damages to the body. She urged Councill,to b } ,atyroofoam from he city. M nkee students' "eur plea for no styrofoam in the city of Newport Beach. 2. j0DEPARTMENTVUDGM%OVERVIEW. (continued) 'ce Chief Klein ed aboufthe accomplishments his department has made such as the camera pr commercial nforcement, and disturbance advisement. He noted that overall crime is down d they are eaching out to the community. He also stated that his department has implem d the " ep Your Teen Safe Program." He presented a PowerPoint presentation which included th udg overview, budget totals, budget by divisions, budget total comparison, division budget comp increases, changes from FY 2007 -08, ABLE budget increases, revenues, divisional resp sibilities, and significant accomplishments and challenges. In response to Council's questions, Police Chief Klein stated that there is cooperation for COPLINK from the Orange County Sheriffs Department, City and County of Los Angeles, City of San Diego, and they are in negotiations with other cities. In response to Council Member Henn's question, Police Chief Klein stated that the salary amount is up because there is an additional motor and traffic investigator and less officers are in training, even though the number of authorized positions has not increased. There are more police officers on the street and they are addressing the neighborhood visibility issues by making sure that the officers are known to the residents and officers are more visible. He assured Council that more Volume 58 - Page 490 City of Newport Beach Study Session May 27, 2008 resources will be dedicated to the critical times and areas that are in need of police patrol. Council.Member Rosansky joined the meeting at 4:40 p.m. IV. ADJOURNMENT - 4:51 p.m. The agenda for the Study Session was posted on May 21, 2008, at 3:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Volume 58 - Page 491 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 27, 2008 — 7:00 p.nL I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - 4:51 p.m. III. RECESS IV. RECONVENED AT 7;00P_M. FOR V. ROLL CAL Present: Council Member Henn, CounciNMer Rosansky, Mayor Pro Tee Daigle, Mayor Selich, Council Member Webb, Counci Curry, Council Member Gardner VI. CLOSED SESSION REPOR" City Attorney Clauson reported tl}at cMiacil, approve tolling agreement with Villa Balboa and Hoag Hospital. VII. PLEDGE O AL ANUE - Council ll�fember Roi.. nsky VIII. INYOCATI -Rev end Carl Steenberg, Newport Center United Methodist Church DL PRESENTA NS h CaT�d)epa nt o iiee City USA Presentation - Lynette Short, California A�p`artment o: _ s A Fire Pro on, presented the 2007 Tree City USA Award, 2007 Tree `City USA Gro A and Recognition for receiving the Tree City USA Award from Congressman Cabell .w ayor Selich, Park and Tree Superintendent Sereno, and Urban Forester Conway. N ort Harbor ;_igh School (NHHS) Surf Class Presentation on the Issue of Polystrene Poll g Our BeAches and Ocean and Solutions for Eliminating this Problem - Ariel Kusby,'na Holes, Cody Pecca, Hayley Shrader, Andrew Brown, and Nicco Ray discussed the dangers off yrofoam, displayed alternatives to using Styrofoam, read letters from concerned individuals, a provided reasons why Council should ban food services from using Styrofoam and why the City s ould go green. Council Member Gardner reported that the Environmental Quality Affairs Committee (EQAC) adopted a resolution supporting the ban of Styrofoam in restaurant facilities and the issue will be coming before Council at the next meeting. Council Member Rosansky recommended that the group also bring representatives from the Restaurant Association with them to show their support for the ban. X NOTICE TO THE PUBLIC Volume 58 - Page 492 City of Newport Beach City Council Minutes May 27, 2008 XI. CITY..COUNCIL_ ANNOUNCEMENTS._OR_MATTERS. WHLCH__COUNCIL.,.MEMBERS WOULD_LIKE_PLACED ON._A FUTURE AGENDA FOR.-DISCUSSION, ACTION.OR REPORT (NON - DISCUSSION ITEM): Council Member Henn announced that he attended the ribbon cutting ceremony for Ala Carte Gourmet on the Peninsula. Council Member Henn reported that the OASIS Senior Center Fundraising Committee will be receiving $2.5 million from Hoag Hospital and $500,000 from the Crean Foundation towards their $4.5 million goal. He reported that demolition will occur in;pecember 2008, with construction starting in January 2009- Council Member Rosansky announced that he attended the Chamber of Commerce award ceremony or the to athletes from Newport y p Harbor.High Scliopl and Corona del Mar High School. Council Member Rosansky announced that the_July 4th West Newport Safety Planning Committee will be meeting on June 9 at 4:00 p.m. in the Ike Conference Room:;—, Mayor Pro Tem Daigle announced that-she attended many III Marine dents, the scholar - athlete breakfast, and the Keep Teens Safe forum She reported that an internetsafety program will be held on June 18. Council Member Gardner announced that the Coknna del Mar 5K will be held on June 7 and that she attended a ribbon cutting cei, mQny for Red Mango, Frozen Yogurt. Council Member Curry announced thathe attended the scholar- athlete breakfast. Council Member Cgr;y reported that over 600 people were in attendance yesterday at the lfxg, unveiling of the RM '` orial. ff1 i, :r Council Memlaor Webb. requested that the City Manager and City Attorney work with the Harbor Commission : b Harb Patrol to assist with the issues related to sailing events. Mayor Se1?eh anno d tliiatti fi& Kncil Critters raised $7,300 for Relay for Life and that Balboa Island will b"M" Idine'its, annual narad `.'on June 1. 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF MAY 13, 2008. [100 -2008] Waive reading of subject minutes, approve as written and order filed. i 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. RESOLUTIONS.FORADOPTION 3. PROPOSITION 1B LOCAL STREETS AND ROADS FUNDING PROPOSAL. (100 -20081 Adopt Resolution No. 2008 -38 authorizing the submittal of a funding proposal to the Department of Finance for the FY 2007- 2008 allocation of Proposition 1B - Local Streets and Roads Improvement, Congestion Relief, and Traffic Safety Account Funds. Volume 58 - Page 493 City of Newport Beach City Council Minutes May 27, 2008 4. EXECUTION OF FISCAL YEAR 2007 HOMELAND SECURITY GRANT PROGRAMS TRANSFER AGREEMENTS (C- 4047). [381100 -20081 Adopt Resolution No. 2008 -39 authorizing the Police Chief, the Fire Chief and City Manager to act as "Authorized Agents" to execute the necessary documents in conjunction with the agreements attached to the staff report. 5. TERMINATION OF OPTION TO PURCHASE FROM THE IRVINE COMPANY A CITY HALL SITE IN BLOCK 500 OF NEWPORT CENTER DRIVE. [731100 -20081 Adopt Resolution No. 2008 -40 authorizing the Mayor to sign a notice to terminate the option to purchasle the City Hall site and authorizing the City Manager to accept the Amended andlestated Grant Deed for Parcel 3 of Parcel Map 90 -361. C. ORDINANCE FOR IN_TROp_UCTI.O. N 6. COST RECOVERY ORDINANCE (CHAPTER 3.36) - FEE RESOLUTION & MASTER FEE SCHEDUL ontd. from 511310$) [100 -20081 Continue public hearing to June 10, 2008. li D. CONTRA.U5 AND AGREE _ S 7. CORPORATION YARD LDING G ROOF REPAIRS - AWARD OF CONTRACT #(r.- 3966). [38110081 a) Approve the project plans and specifications; ward the contract to Pre -Fab Builders, Inc. for the total bid price of $118,592 arrd' authorize thesMayor and the City Clerk to execute the contract; c) establish an t of $11,80 to cover the cost of unforeseen work; and d a a`':, bud et approve g abiandment 03BA -071) transferring $30,000 from Account No. 7013 C510000Pf9 (Streets,' Bikeways and Parking Lot Improvements) 900Munt No 70 €l- 11 '602002 (Corporation Yard Building G Repair and Rehabittation) i 8. l'VRC STREET REHABILITATION - AWARD OF CONTRACT (C- 3792). NN/1 t a) Approve the project plans and specifications; b) award the tracte3ican Asphalt for the total bid price of $609,609 Pd a rize the Mayor and the City Clerk to execute the contract; and c) establish amount of $60,000 to cover the cost of unforeseen work. a, n 9. APPROVAL F AGREEMENT WITH LANDRUM & BROWN TO CONDUCT "GO!ILOCAL" RANSIT STUDY (C- 4048). 1381100 -20081 Authorize the City Manager to execute the Agreement with Landrum & Brown in substantially the same form after City Attorney review. 10: _. AGREEMENT WITH BR PAINTING CONTRACTORS FOR ON -CALL =,0RAFFITI REMOVAL SERVICES (C- 4049). [381100 -20081 Approve the 'agreement with BR Painting Contractors for graffiti removal services on an on -call basis. 12. NEWPORT TERRACE LANDFILL GAS COLLECTION AND CONTROL SYSTEM - COMPLETION AND ACCEPTANCE OF CONTRACT (C -3651) AND APPROVAL OF AMENDMENT NO. 3 WITH SCS ENGINEERS - INTERNATIONAL, LLC, FOR START -UP SUPPORT SERVICES RELATIVE TO OPERATION AND MAINTENANCE OF THE COMPLETED SYSTEM. [381100 -20081 a) Accept the construction work performed and completed by Innovative Construction Solutions, Inc. under the contract; b) Volume 58 - Page 494 City of Newport Beach City Council Minutes May 27, 2008 authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; d) release the Faithful Performance Bond one year after City Council acceptance; e) approve Amendment No. 3 to the Professional Services Agreement with SCS Engineers - International, LLC for start -up support services relative to the operation and maintenance of the completed landfill gas collection and control system; and £) approve a budget amendment (08BA -074) transferring $235,110 from the Environmental Liability Fund to Account No. 7292- C5100735 for the construction of the Newport Terrace Landfill Gas Collection and Control System. 13. TRAFFIC SIGNAL MODERNIZATION - PHASE 1 CONSTRUCTION - AWARD OF CONTRACT (C- 3975). [V P3 0 0 -2 0 0 81 a) Approve the project plans and specifications; b) reject the low id received from Pro Tech Engineering as non - responsible; c) award W57,00.0 rtiiact to Dynalectric for the total bid price of $382,465.55 and authorize ay or and the City Clerk to execute the contract; and d) establish an amount to cover the cost -of unforeseen work. 14. WAN, SERVER RTUAI ZATION, & DISASTER RECOVERY IMPLEMENTATION '0'(C- 3841). [381100 -20081 `a) Approve a budget amendment (08BA -075) to sfer funds from revenue account 0630 -5864 to 0630 -8030 ($32,177.39) (these figpds were the result of a class action lawsuit M. against Microsoft Corporation and})e remaining funds required to implement the balance of the plan '($.179,621.61) a kavailable in the current fiscal year in the various participating department budg# and b) approve a Professional Services Agreement with Einbee TechQuo"gie EVANs for h ' dware and services to provide wireless radio eWide Area Network _) 6 nections between the Central Library and L ($46,44034)'`and between Fire Station 3 and Utilities Mepart ent sites ($:k7-,,,F27.76) (total costs of these two aspects of the project are 15 PRO IONAL SERVICES AGREEMENT FOR ENVIRONMENTAL C151ai J A ED TO THE LOCAL COASTAL PROGRAM (LCP) (C 4b 0). [38/IO Authorize the City Manager to execute a standard Piofess`;; 1 Services Agreement in an amount not to exceed $65,000 with the Cfiambers' coup for environmental consulting and biological surveying for the 16. PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL CONSULTING SERVICES FOR THE LOCAL COASTAL PROGRAM (LCP) (C74050). [381100 -20081 a) Authorize the City Manager to execute a standard Prbfessional Services Agreement for an amount not to exceed $35,000 with iiighton Consulting, Inc. for geotechnical consulting services for the Local Coastal =Program; and b) approve a budget amendment (08BA -076) increasing the expenditure appropriation of 2710 -8294 by $25,000 from the General Fund unappropriated fund balance. E. MISCELLANEOUS 17. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) DISTRICT 15 ELECTION: SCAG REGIONAL COUNCIL AND ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) BOARD REPRESENTATIVE. Confirm the appointment of Mayor Pro Tem Daigle for a one -year term through May 2009 as the District 15 representative, pursuant to Volume 58 - Page 495 City of Newport Beach City Council Minutes May 27, 2008 XIII. SCAG election procedures governing districts where there is only one SCAG member city within a district. 18. BUDGET AMENDMENT - FEBRUARY 5, 2008 ELECTION COSTS. Approve a budget amendment (08BA -073) transferring $116,000 from the unappropriated General Fund balance to Professional and Technical Services Account (0220 -8080) to cover the costs for the February 5, 2008 Special Municipal Election. 19. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 2008 TO JUNE 302009 Authorize the City Clerk to publish a notice advertising for bid s p.m., on Friday, June 13, 2008 for a printing of legal notices, or other ma in the City of Newport Beach. 22. RECLASSIFICATION OF RECRUITMENT AND S Manager's recommendatiod the new classification o'T`Zecx to be received on or before the hour of 4:00 one -year contract covering the publishing and tert62':,xequired to be published and circulated RESOURCES ANALYST TO [ON SUPERVISOR. Approve the City sify the Senior Human Resources Analyst to and Selection Supevisor. Regarding Item 12 (Newport Terrace Landfill, Gas Collection and Control System), City Attorney Clauson announced that the project has been: completed, the system has been improved and updated, and the County Healthcare Agency hasned off on the project. _ otion bv__MMayor Pro Tem Daig removed (11, 20, 21, 23, S28 &•. S29),. The motion carried by the following ri ;,;ira;(i Ayes: Council 1Mbmber, enn, Counci CouncWN- ember Webb, Council FOR n (C1105 Calendar, except for the items r Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Curry, Council Member Gardner NT CALENDAR EEMENT (PSA) WITH BUXTON COMMUNITY ID RETAIL LEADS, AND MARKETING MATERIALS In response;;! to Cowfall Member Gardner's questions, Assistant City Manager Wood indicated that the Strategic Plan directs this to be done in three areas; however, the General Plan Advisory Committee can amend this to two areas. Economic Development Administrator De Santis reported that the company is willing to provide nine marketing packages and has been told that the City is more interested in retail businesses, not more Motion..by Council Member_ Gardner to a) approve the PSA with Buxton Community ID for a not to exceed cost of $75,000; and b) authorize the Mayor and the City Clerk to sign the Agreement. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Absent: Council Member Webb Volume 58 - Page 496 City of Newport Beach City Council Minutes May 27, 2008 20. 21. NEWPORT COAST DRIVE AND PELICAN HILL ROAD NORTH RIGHT TURN LANE (C -3945) - AUTHORIZE BUDGET AMENDMENT FOR CONSTRUCTION FUNDING. Philip Bettencourt expressed appreciation for the project. In response to Dick Nichols' questions, Public Works Director Badum reviewed the staff report and reported that the intersection is being improved for safety reasons. Motion _by .._Council ,Member Webb to approve a' budget amendment (08BA -072) transferring $395,000 from Account No. 7181- C20020,10, Irvine Terrace Slurry project, and $105,000 from Account No. 7181- C2002011, Heights New 4i Slurry p" g y project, to Account No. 7181- C5200974, Newport Coast Drive - Pelican Hill Road North Right Turn Lane project. The motion carried by the following Ayes: Council Member Henn, Selich, Council Member 2008 -09 PROPOSED HEARING. (100 -20081 vote Per Rosansky, Iv dygr Pro Tern Daigle, Mayor I Member Curry, Council Member Gardner ING; 2008 -09 APPROPRIATION LIMIT In response to Dick Nichols' question, 04 Manager Bludau reported that the public hearing for the budget and Gann Limit will V&.Wnducted on June 10. Motion .by_Council Member Rosansky to sedule a public hearing of the City's Proposed Budget and Appropriation.L'imit for the 2008 -09 fiscal year on June 10, 2008 at 7:00 p m_ .#j j rect the City Clerk to publish a notice of said hearings. The pfo''tion carried by the following roll call vote: Ayes C6Uncil ,ember Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor Seli u e �ber Webb, Council Member Curry, Council Member Gardner COUNCIL R . EW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL RIORITIES FOR 2008. (100 -20081 Laura Curran discuss the Council priority regarding group residential homes and urged Council to mirk with the citizens group to present evidence relative to integrated facilities and to support Assembly Bill 2903. (until Member Curry noted that the City is preempted from regulating six and under facilities by State law and that State law needs to change. He requested a legislative report'any bill relative to group homes issues. Council Member Henn noted that the ruling the City received was for the preliminary injunction and the City is awaiting court action on the permanent injunction. He stated that there will be more opportunities to further consider the six and under issue. Dick Nichols stated that the City presented a case on integral facilities and the suit went before the State, but the City requested that it be moved to the Federal Court. He noted that the City is supposed to obey State law. Motion bay Kayor Pro Tem,Daigle to receive and file the staff report Volume 58 - Page 497 City of Newport Beach City Council Minutes May 27, 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 529. BALBOA PARKING LOT CONTROL EQUIPMENT. (100 -2008] Dave Kessinger presented a handout and discussed issues he is having with a citation. City Manager Bludau indicated that he will have someone contact Mr. Kessinger. Motion_.by. Council Member - Rosansky to approve a single source vendor, Amano McGann Inc., for an amount not to exceed $45,1$7OO for the replacement of a parking revenue control system which is compatible with the existing equipment, tickets and operation currently in use. The motion carried by the following roll Ayes: Council Member Henn, Selich, Council Member 528. LABOR NEGOTIATIONS — NEW 3 WITH THE NEWPORT BEACH [381100 -2008] XIV In response to Dick Nichols' qi Manager Bludau noted that t already included in the budget. Memorandum The motion died by he following Ayes: Council vote: er Rosansky, D ayor Pro Tem Daigle, Mayor Member Curry, Ceuncil Member Gardner )UM OF UNDERSTANDING (MOU) ASSOCIATION (NBFA) (C- 2060). Rosansky clarified the staff report. City will be less than 4% per year and are authorize the Mayor to execute a new 3 -year the Newport Beach Firefighters Association. vote: her Rosansky, Mayor Pro Tem Daigle, Mayor Selich, er Curry, Council Member Gardner ACTIVITIES ;Council Member Rosansky anunced that the July 4th West Newport Safety Planning Committee will be meeting on Jne 9 at 4: 00 p.m. in the Fire Conference Room. Mayor ], ..ro Tem Daigle announced that the Media Communications Committee will be meeting on May 29 61 discussed online services provided through the City's website. Council Memry_ardner reported that the Newport Bay Watershed Executive Committee will be bringing a rep grt to Council in the future to expand the membership to also include Santa Ana and Costa Mesa. Council Member Curry reported that the Finance Committee will receive an update on the benchmarking process at its May 30 meeting. Mayor Selich reported that the Building Committee received 51 applications from architectural firms from around the world to be considered for the City Hall design competition. He stated that recommendations will be brought to Council next month. Volume 58 - Page 498 City of Newport Beach City Council Minutes May 27, 2008 XV. PUBLIC HEARIN...GS 24. VACATION OF A STORM DRAIN EASEMENT AT 431 DAHLIA AVENUE (OWNER - CHRISTINA KAVIANI, NSC ENTERPRISES, INC.). [901100 -20081 Public Works Director Badum provided the staff report and indicated that the pipe is abandoned- Council Member Webb suggested that the City receive something from the property owner indicating that the City has no responsibility for the storm drain easement. Mayor Selich opened the public hearing. Hearing.. no testimony, he closed the public hearing. Motion by, Council Member _ Rosansky to adopt Resolution No. 2008 -41 ordering the vacation of a 10 -foot wide storm drain easement at--431 Dahlia Avenue as described in Exhibit "A" and depicted in Exhibit "* of the staff' "report, direct staff to process the rk vacation, and direct the City Cleto have the Resolution recorded by the Orange County Recorder -_' _ The motion carried by the follodwl roll vote: Ayes: Council Member Henn, Counci ;Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Cou it Member Curry, Council Member Gardner 25. BAY BURGER APPEAI *" BAY AVEITE E #A -7 - USE PERMIT NO. 2007- 027 (PA2007 -219) TO INAODUC'E . „THE SIZE OF BEER AND WINE TO THE EXISTING RESTAURANT USE i[I00 -20iJ Assistant,ifaaier Nueno pro yidet) the staff report and recommended that the City Council uphold4he Planning Commise rn's decision- In r"ponse t,o Council questions, Assistant Planner Nueno indicated that having a conditiosbas the percents gb of alcohol and food sales is a standard of approval from t}ae Police l Tepar d thy:, Department of Alcoholic Beverage Control (ABC). P1anYiltag Ditor Lepo ted that the Planning Commission questioned what percent4gg shouu be used and how to enforce the regulation. 1. Mayor Seheb openede public hearing. Michael Ch Q Attorney for Bay Burger Company, LLC, indicated that Bay Burger is willing to abide by iEhe 50/50 gross sales v. alcohol ratio, close at 10:00 p.m., and ensure that the Alcohol servers are properly trained. He noted that Planning Director Lepo told the Pl#uning Commission that staff cannot enforce 10 -15 %, distributed letters of support, and noted` batthe owners are locals and have the lease for five to six years. Dayna Pettit, John Earnst, Christine Mean, Bill Malcomb, Jeff Dreher, Kate Cotton, Paul McKelvey, and Lou Enriquez expressed support for reversing the Planning Commission decision in order to revitalize the area, discussed the caliber of how the restaurant is run, expressed admiration for the owners, and noted that Bay Burger is not a bar since there are no televisions in the restaurant. Daniel Weldon noted that there is limited seating indoors and expressed concern with having more alcohol facilities in the Fun Zone- Christopher Roman, Owner /Operator of Bay Burger, reported that alcohol is prohibited outside and they are only open until 10:00 p.m. on Fridays and Saturdays during the Volume 58 - Page 499 City of Newport Beach City Council Minutes May 27, 2008 summer. Hearing no further testimony, Mayor Selich closed the public hearing. Council Member Henn noted that the conditions apply to the property, not the owners, and that the Planning Commission's vote was 4 -3 to deny the request. However, he pointed out that Newport Beach Nautical Museum supports Bay Burger's request and has strict provisions on their lease to maintain control over any future operator. He agreed that the Fun Zone area probably does not need more alcohol licenses, but will support this due to the specifics of the situation, the support they receive'a from the Nautical Museum, the terms of the lease, and Bay Burger's agreement to the"operating conditions. Motion by Council Member.Aenn to Permit No. 2007 -027. The motion carried by the following Ayes: Council Member Henn, Selich, Council Member XVL PUBLIC COMMENTS i TJT1 In response to Linda Klein's q forth the hearing process, notic She stated that, when hearings be notified. She added that pe request to be notified. 26. rer &e'e Planning Commission's denial of Use �. vote: ber Rosansky, NSyor Pro Tem Daigle, Mayor I Member Curry, Cozxncil Member Gardner City Atorney Clauson reported that the ordinance sets lures, an rovisions for appointment of hearing officers. uled, reside within a 300 foot radius of the facility will ile�tlZe radius't contact the Planning Department and PORT NDA FOR MAY 22, 2008. (100 -2008] Plamm�. ])ireetor Lepo reported on the following items: Fury Rok &Rol Sushi Lounge .270) /Siena Res (P X2005 Cam) 2D21phu'= :Striker Way; Balboa Inn LLC (PA2006taurant e Year Re 105 Main Street; Albertsons (PA2007 -115) 3650 East Coast'YT3ghway;_Megonigal Residence (PA2007 -133) - 2333 Pacific Drive; Review of Preliminary CIP51 Planning Commission Procedures, Minutes, and Business. ) UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 101 - VERALLY BOUNDED BY BUENA VISTA AVENUE, EDGEWATER ADAMS STREET, AND BALBOA BOULEVARD - PRELIMINARY OF AMENDED ENGINEERS REPORT. (891100 -2008] Public'Works Director Badum reviewed the staff report and pointed out that the project will need to be re -voted on since there was a miscalculation that would affect about 17 of the 360 properties. The public hearing is scheduled for July 22. Bruce Braddenburg noted that the residents have been patient, commended Associate Civil Engineer Lee, and took issue with upper management for how the process has been handled. Motion.- y Council Mem er Rosansky to adopt Resolution No. 2008 -42, giving preliminary approval to the amended report of the Assessment Engineer for Assessment District No. 101, setting a time and place for a public hearing as July 22, 2008, and Volume 58 - Page 500 ordering the initiation of assessment ballot procedures. Council Member Henn commended the residents, all staff members involved, and the City Manager on the process; reiterated the City's commitment to further improve the process; and believed that this will help with future assessment districts. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, MayPro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, ,iimcil Member Gardner e< XIX. MOTION..FOR RECONSIDERATION - None ' XX. ADJOURNMENT - Adjourned at 8:35 p.m. in memory fatricia Kro'ne=. The agenda for the Regular Meeting was posted olO a y 21, 2008, at 3:20 " Uh on the City Hall Bulletin Board located outside of the Gf/rated ewport Beach Anistration Building. The supplemental agenda for the�egeeting was posted bn May 23, 2008, at 1:30 p.m on the City Hall Bulletin and I outside of the City of Newport Beach Administration Building.