HomeMy WebLinkAbout06/09/2009 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 9, 2009 — 7:00 p.m.
I. STUDY SESSION - 3:00 p.m.
II. CLOSED SESSION - 5:31 p.m.
A. Conferenc. a with Legal Counsel - Existing Litigation ( Government Code § 54956.9
(a)): Three (3) matters:
1. Beek v. City. of Newport Beach (CEQA), Orange County Superior Court Case
No. 30- 2008- 00071011
2. Beek v. City of Newport Beach (Election), Orange County Superior Court Case
No. 07CC12177; 4th District Court of Appeals Case No. G041074
3. Weeger Bros. v. City of Newport Beach, Orange County Superior Court Case
No. 30- 2009 - 00122898
B. Conference wAh.Legal Counsel - Anticipated Litigation - KEppsure.to Litigation
(Government Code §.54856.9(b)): One (1) matter:
1. Potential exposure to litigation on one matter based upon facts and circumstances
that might result in litigation against the City but which are not yet known to a
potential plaintiff or plaintiffs and disclosure of the facts or circumstances would
jeopardize the City's ability to resolve the matter.
C. Con_f..erence with Legal Counsel - An ici ate_d. Litigation - Initiation of Litigation
(Government Code § 54956.90): Two (2) matters:
1. Potential initiation of litigation against the County of Orange for charging the City
Property Tax Administration Fees in excess of those permitted by the Revenue and
Taxation Code.
2. Potential initiation of litigation against Red Bluff, LLC, for imposition of a receiver
in order to bring its property at the corner of Dover and PCH into compliance with
City regulations and to abate nuisances.
D. Public Em plo�ee Performance Evaluation (Government Code._§ 54957(b)(1*
The Council will meet in closed session to consider the evaluation of performance,
appointment, and/or employment of one public employee, specifically:
1. Title: City Manager
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
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V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Hunt reported that Council voted to approve moving forward with litigation against
the County of Orange (Closed Session Item C -1) and voted to authorize counsel to file a civil
enforcement action relative to Red Bluff, LLC (Closed Session Item A -3). He announced that
Council authorized the City Manager to execute a mutual separation agreement with Police Chief
Klein, adding that it was appropriate to have a Closed Session discussion on this matter due to the
multiple circumstances involved.
Mayor Selich stated that Chief Klein decided that it is in the best interest of the residents and the
Police Department that he retire after serving almost 30 years and provide the City an opportunity
to resolve the controversies. The entire City Council commended and thanked Chief Klein for his
dedication to the community.
City Manager Bludau stated that Chief Klein will remain in his position until July 9 and an
interim Chief will be hired to allow the new City Manager the opportunity to hire a new Police
Chief.
VII. PLEDGE OF ALLEGIANCE - Council Member Gardner
VIII. )INVOCATION - Council Member Webb
10.4
Proclamation to Citizen of the Year Norm Loats, Ed.D. - Mayor Selich read the proclamation
and indicated that he will have the proclamation sent to Dr. Loats.
Annual Youth Council Report - Recreation Manager Cates explained the purpose of the 25-
member Youth Council and Haley Stevens, Youth Council Vice Chair, provided a PowerPoint
presentation that included their responsibilities, volunteer information, pictures, and future goals.
She thanked the recreation staff for their help. Mayor Selich, Mayor Pro Tem Curry, and Council
Member Rosansky commended the students for their involvement.
X. NOTICE TO THE _PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS _OR MATTERS WHICH COUNCIL
WOULD LIKE PLACED ON A FUTURE. AGENDA FOR DISCUSSION. ACTION OR
REPORT (NON - DISCUSSION _ITEM?
Council Member Daigle announced that on Saturday, June 13, there will be a 5k run at Corona del
Mar High School and invited residents to attend. She also announced that the grunions will be
running throughout the week.
Council Member Gardner announced that there were 500 more runners in the Corona del Mar 5K
than last year's event. She also asked staff to continue to work on the solicitation ordinance.
Council Member Webb announced that he participated in the Balboa Parade. He also stated that
he recently received complaints about a large backyard project at a residential home in his district
and asked staff to prepare a draft amendment to the zoning code for Council's consideration to
establish a maximum size and term for substantial residential projects where a building permit is
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not required
Council Member Henn announced that the third Biennial Hoag Cup Regatta Invitational will start
at the Newport Pier on Friday. He noted that over $700,000 in proceeds has been raised in the
past two Regattas for the benefit of Hoag Hospital and encouraged residents to attend.
Mayor Pro Tern Curry announced that Memorial Day was the one year anniversary of the 111
Marine Memorial in Castaways Park and he thanked staff and the Park, Beaches, and Recreation
Commission for the flag pole. He also announced that he participated in the 70th Anniversary of
the Newport Balboa Rotary Club and congratulated them for their years of service to the
community.
Mayor Selich announced that he shot the start gun for the Corona del Mar 5k and participated in
the Balboa Parade which signaled the start of summer. He also announced that earlier today he
participated in the Harbor Day ceremony at Eastbluff Elementary School.
XH. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR
MEETING OF MAY 26, 2009. (100 -20091 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. RESOL UTIONS FOR ADOPTION
4. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT
(BID) RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2009 -2010 AND
ADOPTION OF RESOLUTION OF INTENTION TO LEVY ASSESSMENTS
FOR FISCAL YEAR OF JULY 1, 2009, TO JUNE 30, 2010. 1100 -20091 a)
Approve the Restaurant Association Business Improvement District Fiscal Year
2009 -2010 Annual Report; b) adopt Resolution of Intention No. 2009.30 to levy
assessments; and c) set the public hearing for June 23, 2009.
5. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID)
RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2009 -2010 AND
ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL
YEAR 2009 -2010. 1100 -20091 a) Approve the Balboa Village Business
Improvement District 2009 -2010 Annual Report; and b) adopt Resolution of
Intention No. 2009 -31 to levy assessments and set the public hearing for June 23,
2009.
6. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID)
RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2009 -2010 AND
ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL
YEAR 2009 -2010. 1100 -20091 a) Approve the Marine Avenue Business
Improvement District Year 2009 -2010 Annual Report; and b) adopt Resolution of
Intention No. 2009 -32 to levy assessments and set the public hearing for June 23,
2009.
CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID)
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RENEWAL: ANNUAL REPORT FOR FISCAL YEAR 2009 -2010 AND
ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL
YEAR 2009 -2010. [100 -2009] a) Approve the Corona del Mar Business
Improvement District Year 2009 -2010 Annual Report; b) confirm the Corona del
Mar Business Improvement District 2009 Advisory Board, as elected by the BID
membership, as follows: Bernie Svalstad, Chairman - Newport Factoring; Tom
Nicholson, Vice Chairman - Nicholson Companies; Mark Schulein, Secretary -
Crown Ace Hardware; Jim Walker, Treasurer - The Bungalow; Beverly "BY'
Johnson - Prudential California Realty; and Ali Zadeh - The Port Restaurant &
Lounge; and c) adopt Resolution of Intention No. 2009 -33 to levy assessments and
set the public hearing for June 23, 2009.
C. CONTRACTS AND AGREEMENTS
8. FUNDING FOR CALIFORNIA LAW ENFORCEMENT
TELECOMMUNICATION SYSTEM (CLETS) ENCRYPTION
REQUIREMENT (C4224). [381100 -2009] a) Approve an expenditure of $54,217
to upgrade and encrypt the Police Department's CAD California Law Enforcement
Telecommunication System (CLETS) interface to accommodate the data
encryption between the Orange County Sheriffs Department and the Police
Department; and b) authorize the Chief of Police to execute a Professional Services
Agreement with Northrop Grumman, as approved by the Office of the City
Attorney.
9. PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES (C-
4042) - COMPLETION AND ACCEPTANCE. [381100 -2009] a) Accept the
completed contract work; b) 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; and d) release the Faithful Performance Bond one year after
Council acceptance.
11. MEASURE M GROWTH MANAGEMENT PROGRAM ELIGIBILITY
REQUIREMENTS. 1100 -20091 a) Adopt the Seven -Year Measure M Capital
Improvement Program; and b) direct staff to submit the adopted Seven -Year
Measure M Capital Improvement Program, Maintenance of Effort Certification,
and Pavement Management Plan Certification to the Orange County
Transportation Authority to satisfy the eligibility provisions for Measure M and
the Growth Management Program.
12. CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 1
(C -3963) - COMPLETION AND ACCEPTANCE. [381100 -2009] a) Accept the
completed contract work and authorize the City Clerk to file a Notice of
Completion; b) 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; and c) release the Faithful Performance Bond
one year after Council acceptance.
13. NEWPORT TERRACE GAS COLLECTION SYSTEM - AWARD OF
CONTRACT, CONTRACT AMENDMENT, AND BUDGET AMENDMENTS
(C -4212 and-C-3651). [381100 -2009] a) Approve a contract for $80,000 with GC
Environmental, Inc. (GCE) for the operation, maintenance and monitoring
(OM &M) of the Newport Terrace Landfill Gas Collection and Control System, and
authorize the Mayor and City Clerk to execute the contract on behalf of the City;
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b) approve Amendment No. 5 to the Professional Services Agreement with SCS
Engineers - International, LLC (SCS) in the amount of $11,000 for an additional
three months of support services for OM &M of the landfill gas collection and
control system; c) approve a budget amendment (09BA -058) transferring a total of
$11,000 from Environmental Liability unappropriated fund balance (292 -3605) to
Environmental Liability, Services Professional & Technical (3155 - 8080), to fund
the additional three months of support services for OM &M; and d) include $80,000
on the budget checklist to fund the FY 2009.2010 .OM &M costs outlined in the
staff report.
14. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR
ENVIRONMENTAL CONSULTING SERVICES RELATED TO THE LOCAL
COASTAL PROGRAM (LCP) (C4050). [381100 -20091 Authorize the City
Manager to execute an amendment extending the term of a Professional Services
Agreement with the Chambers Group for environmental consulting for the Local
Coastal Program (LCP).
15. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT FOR
GEOTECHNICAL CONSULTING SERVICES RELATED TO THE LOCAL
COASTAL PROGRAM (LCP) (C- 405o). [381100 -2009] Authorize the City
Manager to execute an amendment extending the term of a Professional Services
Agreement with the Leighton Consulting Inc. for geotechnical consulting for the
Local Coastal Program (LCP).
D. MISCELLANEOUS
16. DECORATIVE BANNERIFLAG ENCROACHMENT POLICY. 1100 -20091
Approve City Council Policy L -27 - Flags Placed Within or Extending Over the
Public Right -of -Way Within Business Improvement Districts.
17. BOARD AND COMMISSION SCHEDULED VACANCIES -
CONFIRMATION OF NOMINEES. [100 -20091 Confirm the nominations made
by the Ad Hoc Appointments Committee, as listed in the staff report.
In response to Council Member Henn's question, Assistant City Manager Wood stated
that the geographic Business Improvement Districts (BIDs) did not request additional matching
funds. She provided a background for the program and noted that the original report only
provided estimates. She stated that the handout provided tonight is more accurate, the amounts
can still change, and two revised exhibits have been distributed. She also noted a revision to the
Corona del Mar BID resolution because the section about the annual report was omitted. Council
Member Webb emphasized that the vote on the BIDS does not indicate that Council is approving
any additional funding request.
Motion 6v Moor Pro Tem Currv. seconded by Council Member Rooms kv to approve the
Consent Calendar, except for the items removed (3 and 10).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
XIII. ITEMS REMOVES FROM THE CONSENT CALENDAR
S. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE
DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD, BACK BAY
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DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER STREETS FOR
THE JULY 4TH HOLIDAY. [100 -20091
Dolores Otting expressed concern for the health and safety of the residents on July 4th and
urged the City to do better. Council Member Henn agreed and noted that an assessment
will be done of this year's July 4th occurrences. He added that residents will also be given
the opportunity to propose specific changes to make the day safer and more convenient for
them.
Motion by Council Member Rosansky, seconded by Mayor Pro Tern Curry to adopt
Resolution No. 2009 -29, authorizing the Police Department to temporarily close, or divert
traffic from, portions of Seashore Drive, the "100" block streets and alleys between 32nd
Street and 54th Street, Balboa Boulevard, Back Bay Drive, and Newport Boulevard during
the Fourth of July Holiday, to install temporary boundaries on Seashore Drive, and to
close certain parking lots.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
10. ON -CALL GEOTECHNICAL SERVICES - APPROVAL OF PROFESSIONAL
SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC. AND
HARRINGTON GEOTECHNICAL (C4225 and C- 3673). [381100 -20091
In response to Dolores Otting's question, Public Works Director Badum stated that the
contractor on this project does not have the right to subcontract unless it is approved by
the City.
Motio]P.by_Mayor Pro Tem Curry, seconded by Council Member Webb to approve a
Professional Services Agreement with GMU Geotechnical, Inc. for on -call geotechnical
services, and authorize the Mayor and City Clerk to execute the agreement; and b)
Approve Amendment No. 2 to Professional Services Agreement with Harrington
Geotechnical for on -call geotechnical material and compliance testing services, and
authorize the Mayor and City Clerk to execute the agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor
Selich, Council Member Webb, Council Member Gardner
Absent: Council Member Daigle
XIV. ORAL REPORTS FROM CITY_ COUNCIL_ ON COMMITTEE ACTIVITIES
Council Member Gardner reported that the Coastal/Bay Water Quality Committee discussed
marine protected areas and requested that this issue be discussed at a Study Session. Council
Member Daigle stated that the marine reserve information will allow the City the opportunity to
cooperate with the State Parks.
Council Member Webb reported that the Orange County Sanitation District's budget will include
funding for projects in the City, such as the Balboa trunk sewer rehabilitation, replacement of
Bitter Point Pump Station, replacement of the Rocky Point Station, Bitter Point force main
replacement, Bayside Drive improvements, Dover Drive trunk sewer, and sewer access
improvements in the Big Canyon Nature Park area.
Regarding group homes issues, Council Member Henn reported that Newport Coast Recovery's
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reasonable accommodations and use permit hearings have been combined and will be heard on
July 7 at 3:00 p.m.; Kramer Center's reasonable accommodations hearing was continued to June
24 at 4:00 p.m.; and Ocean Recovery's use permit for 1115 West Balboa Boulevard became final.
He also reported that Senate Bill 268 was passed by the Senate and will now be heard by the
Assembly.
XV. PUBLIC HEARINGS
18. 2009 -10 APPROPRIATION LIMIT HEARING. [100 -20091
Administrative Services Director Danner reported that the public hearing is required
pursuant to Article 13B of the California Constitution. Mayor Pro Tem Curry discussed
the background of the requirement and noted that it is clear that the City is below the
maximum allowed spending.
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council. Member_Webb ..seconded by._C.ouncil Member Rosansky to
adopt Resolution No. 2009 -34 approving the City's Appropriation (Gann) Limit for the
2009 -10 fiscal year in the amount of $143,264,238.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
19. FISCAL YEAR 2009 -10 PROPOSED BUDGET HEARING. [100 -20091
Administrative Services Director Danner reported that the budget was reviewed during
three Study Sessions and the budget checklist will be brought back to Council for approval
on June 23.
Mayor Selich opened the public hearing.
Regarding the Restaurant Association's request, Jim Walker discussed the need for a
$25,000 budget increase for marketing Restaurant Week and explained that the
restaurants face difficult times due to a 21% loss in revenues. He expressed concern about
competing with the Restaurant Association of Orange County and their ability to acquire
sponsors. He indicated that every restaurant participating in Restaurant Week pays $250
and that the next Restaurant Week will be held during a weekend. He noted that the
association's assessment fees will most likely be increased in 2010 -2011.
Council Member Rosansky expressed support for the B1Ds and stated that it is
unfortunate that the increase in assessment fees cannot be achieved this year.
In response to Council Member Henn's question, City Attorney Hunt explained that a
notice of public hearing is needed to increase the assessment fees. Assistant City Manager
Wood added that the renewal for 2009 -2010 cannot be changed because the BID is due to
be renewed July 1, which does not allow time for a public hearing and two readings of the
ordinance. She noted that there may be a way for the assessment to be increased mid-
year. Further, the BID's money is also spent in the prior fiscal year for publications,
marketing, and pre -event activities and the total $50,000 carry -over is not only used for
Restaurant Week. City Manager Bludau stated that the assessments are billed with the
business licenses which are staggered throughout the year. Council Member Gardner
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stated that increasing the assessment fees will help the City.
In response to questions, Mr. Walker stated that the Restaurant Association Board will
vote on the assessment fees increase first and then the matter will go before the
association members.
Hearing no further testimony, Mayor Selich closed the public hearing.
Mayor Pro Tern Curry expressed support for the restaurants and requested a report that
will include information about what the City can do to increase the assessment fees this
fiscal year.
XVI. PUBLIC COMMENTS
Dolores Otting indicated that water usage is an issue in the City and requested that the water
hotline number be provided to residents. She asked that Council add to the proposed water
ordinance a prohibition from watering City plants during the weekend.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS.$EPORT
20. PLANNING COMMISSION AGENDA FOR JUNE 4,2009.1100-20091
Planning Director Lepo reported on the following items: Aerie project (PA2005 -096) - 201-
207 Carnation Avenue and 101 Bayside Place; Preliminary Fiscal Year 2009 -2010 Capital
Improvement Program; General Plan Land Use Element Figure (map) corrections; and
Panini Cafe (PA2007 -063) - 1501 16th Street,
XVIII. C_.ONTINUED BUSINESS
21. REVISIONS TO CITY S WATER CONSERVATION ORDINANCE. [100 -20091
City Manager Bludau requested that the item be removed and discussed at the June 23
Study Session.
Motion by Mayor Pro Tem. _Curry seconded by Council Member Rosansky to
discuss the item at the June 23 Study Session.
XDC CURRENT BUSINESS
22. ANNUAL REVIEW AND UPDATE OF STRATEGIC PLAN FOR FISCAL AND
ECONOMIC STABILITY. 1100-20091
Assistant City Manager Wood reported that the Strategic Plan consists of action steps
and noted that the Economic Development Committee (EDC) is recommending some
updates, changing the timeline, and adding new action steps. She stated that the report
includes a spreadsheet which shows staff resources and noted that the consultant fees will
increase $15,000, which will need to be added to budget checklist.
In response to Council Member Daigle's questions, Assistant City Manager Wood stated
that CoStar is a subscription service so they do not provide regular reports and stated
that, at this time, they have not been successful in attracting a tenant to a vacant space.
Council Member Gardner asked if the EDC will be able to create a clearing house to
centralize rideshare opportunities.
Motion by Council Member „Henn seconded by Council Member Rosansky to
a) approve the proposed updates to the Strategic Plan; and b) add $15,000 to the 2009-
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2010 budget checklists for professional and technical services to implement the Strategic
Plan.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Gardner, Council Member Daigle
Absent: Council Member Webb
23. PROPOSED ASSESSMENT DISTRICT NO. 103 - AREA GENERALLY BOUNDED
BY G STREET, EAST BALBOA BOULEVARD, CHANNEL ROAD, AND OCEAN
BOULEVARD. [381891100 -2009]
Senior Civil Engineer Lee reported that the Assessment District was proposed in 2005 and
discussed the allocation fees, assessment range, and construction costs. She noted that a
public information meeting is scheduled for June 30, a public hearing is scheduled for July
28, and construction could start in September.
In response to Council Member Henn's questions, Assessment Engineer Cox stated that if
the item is not approved tonight, the ballots cannot be mailed out, which will delay the
project and push the fees onto next year's tax bill. She added that a 6% contingency is
built -in and if fees are lower than the anticipated amount, the tax liens will be lowered
and an amended report will be presented to Council. Senior Civil Engineer Lee stated
that there should be no construction impact due to a delay and reported that the project is
scheduled to be completed by Memorial Day 2010.
Council Member Henn noted that there are seven properties that were charged $7,000
to have a clearer view of the Bay as part of a previous Assessment District. He stated that
the engineers concluded that the benefit they already received is a separate benefit and
noted that there is question if the homeowners would receive a credit towards future
Assessment Districts. He indicated that the alternative is to approve this and let the
ballots go out, but continue to address the issue. He noted that the situation is unique and
that the challenge is determining if there is an equitable outcome based on representation
outside of the engineer's report.
Council Member Webb suggested that the item be continued for two weeks.
In response to City Manager Bludau's question, Assessment Engineer Cox believed the
confusion is with the term "credit" which is considered a discount in anticipation that
undergrounding would happen at some point of time. She stated that if Council decides to
allow a reduction to the seven properties, she advised against increasing the other
property owner's assessments to make up the funds.
In response to Council Member Henn's question, Public Works Director Badum believed
that the properties assessed in Assessment District No. 64 have already received a credit.
He agreed that time is needed to get a clearer understanding of what the homeowners
believe or were told in the past regarding future assessments. City Attorney Hunt stated
that the assessments can be modified based upon actions at the protest hearings and also
advised against raising the assessment amount.
Joe Perring expressed support for the assessment and complimented staff on their work to
get to this point. He indicated that getting a clearer understanding with the seven
property owners is vital and expressed concern about the capitalized interest included in
the assessment.
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In response to Council Member Henn's question Bond Counsel Sperry suggested that
Council not estimate the monthly property tax increment on the ballots and noted that the
homeowners will hear that information at the property owner information meeting on
June 30. He explained that if the assessments are reduced, a corresponding amount would
need to be identified.
Council Member Daigle noted that the City will not cast a vote during the assessment
because they do not own property within the district.
Motion by ,Council. Member Gardner _seconded by Council Member Webb to a)
adopt the following Resolutions for proposed Assessment District No. 103: 1) Resolution
No. 2009 -35 adopting a map showing the proposed boundaries of, and making
appointments for, proposed Assessment District No. 103; 2) Resolution No. 2009 -36
declaring intention to order the conversion of certain existing overhead electrical and
communication facilities to underground locations in proposed Assessment District No.
103, describing the district to be assessed to pay the costs and expenses thereof by
reference to approved boundary map, providing for the issuance of bonds, and declaring
intention to take several related steps in furtherance of implementing the proposed
underground district; and 3) Resolution No. 2009 -37 giving preliminary approval to the
report of the Assessment Engineer for Assessment District No. 103 and an underground
utilities district, setting a time and place for a public hearing thereon, and directing the
mailing of notices of hearing and assessment ballots to the affected property owners; and
b) approve the Professional Services Agreement with Meyer, Nave, Riback, Silver &
Wilson to provide bond counsel services at a not to exceed price of $25,000, and authorize
the Mayor and City Clerk to execute the agreement.
24. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT CENTER
PLANNED COMMUNITY (PA2009 -073).1100 -20091
Associate Planner Murillo provided the staff report, but noted that the staff report and
draft resolution had an error regarding the square footage in Block 400; however, the
traffic analysis analyzed the correct square footage.
Motion by Council Member Rosansky, seconded. Council Member_ Webb to
adopt Resolution No. 2009 -38, approving a transfer of development rights in North
Newport Center Planned Community, as follows: 1) 241,711 square feet of general office
from San Joaquin Plaza to Block 600, and 2) 84,911 square feet of general office from Block
500 to Block 600.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
25. ORDINANCE AMENDING THE SUBDIVISION ORDINANCE, TITLE 19 OF THE
MUNICIPAL CODE, RELATIVE TO LOT LINE ADJUSTMENTS. 1100 -20091
Planning Director Lepo explained the definition of a lot line adjustment and pointed out
that, if a lot is less than 5,000 square feet, a parcel map is required. He stated that the
parking and curb cut requirements will not be affected, and a zoning ordinance
amendment will be needed to change the front setback on the new frontage. Mayor Selich
added that the General Plan policies require that additional parking be provided if parking
is lost because of the curb cut. He stated that the current ordinance requires a parcel map
and approval from the Coastal Commission. He suggested eliminating the 5,000 square
foot minimum lot size requirement. Council Member Henn stated that the
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requirement inhibits redevelopment and revitalization of the Peninsula, and noted that he
would like the ability for revitalization to occur without unnecessary obstacles.
Motion by Council Member. Gardner, seconded by Council Member Webb to deny
this action.
The motion failed by the following roll call vote:
Ayes: Council Member Webb, Council Member Gardner, Council Member Daigle
Noes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich
Motion -by _ Maypr Selich seconded by Council Member Henn to introduce
Ordinance No. 2009.12 amending Title 19 of the Newport Beach Municipal Code relating
to applicability and procedures for lot line adjustments, and pass to second reading for
adoption on June 23, 2009.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich
Noes: Council Member Webb, Council Member Gardner, Council Member Daigle
XX. MOTION FQR RECONSIDERATION - None
XXI. ADJOURNMENT - 9:24 p.m
The agenda for the Regular Meeting was posted on June 3, 2009, at 4:45 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration
Building. The supplemental agenda for the Regular Meeting was posted on June 5,
2009, at 4:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
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