HomeMy WebLinkAbout07/28/2009 - Study SessionCITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
July 28, 2009 — 3:00 p.m.
I. ROLL CALL
Present: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb,
Council Member Gardner, Council Member Daigle
Absent: Council Member Rosansky
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
In response to Council Member Daigle's question regarding Item 14 (Request to Upgrade
Temporary Part -Time Deputy City Attorney to Regular Part -Time Deputy City Attorney
and Add Regular Part Time Office Assistant to the Office of the City Attorney), City
Attorney Hunt explained that extra staff is needed to keep up with the workload.
In response to Council Member Daigle's question regarding Item 6 (Balboa Island
Bulkhead and Seawall Repairs), Public Works Director Badum believed that the
contingency funds from the project were used to repair walls at Bob Henry Park and noted
that he will provide more information at the Council meeting.
Council Member Henn noted that Item 20 (Adoption of Assessment District Balloting
Guidelines for Proposed New or Increased Special Assessments) had words missing and
asked staff to provide the information before the regular meeting tonight.
2. LAUNCH OF NEW WEB SITE. 1100 20091
Public Information Manager Finnigan showed a PowerPoint presentation introducing the
new website and noted that the City selected Vision Internet as the consultant. She
discussed the redesign process, Website Committee, the project participants, and noted
that the old email extension and website address will automatically transfer to the new
email addresses and website.
Maggie Long, Vision Internet, discussed how the website was redesigned, stated that their
main focus was to evaluate the City s website to make it more user- friendly, and noted
that the new website provides multiple paths to the same information. She demonstrated
how to access the web pages, pointed out the new features of the website, and emphasized
that the new website has the capability to be updated by any City staff.
City Manager Bludau noted that the website update was a Council Priority to assist in
better communicating with residents.
Council Member Gardner expressed appreciation for the redundancy in accessing
information, Mayor Pro Tem Curry noted that the staff directory has been greatly
improved, Council Member Henn commended staff for their hard work, and Council
Member Daigle expressed appreciation for the social networking capabilities that the new
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website provides.
3. PROPOSITION 218 PROCEDURES. [100 -20091
Utilities Director Murdoch reported that the Utilities Department is proposing an increase
to the water rate due to the increase in cost of imported water and mandatory reductions
in the water supply. He noted that there are seven steps that the City has to adhere to
according to the California State Constitution and noted that if 51% of the property owners
protest the rate increase, it cannot pass.
In response to Council Member Henn's question, Special Counsel Sperry stated that the
protest procedure in Section 6 is outdated and that he has not seen a majority protest
since November 1996. He stated that Council has the discretion to add a new paragraph
or statement regarding recount procedures. City Attorney Hunt stated that he is not
opposed to adding references pertaining to recounts and believed that Council has the
authority to authorize themselves to make the decision to require a recount at a
subsequent Council meeting should the balloting be within a certain amount. Mayor Pro
Tem Curry stated that there is a need for discretion for a recount and supported City
Attorney Hunt's suggestion to set a parameter for the amount of votes.
Council Member Webb stated that larger assessment districts place a burden on the ballot
counters to act faster than they should and suggested conducting the tabulation at
a separate meeting.
In response to City Manager Bludau's question, Special Counsel Sperry stated that
the State legislature has no authority to make changes because water and sewer rates are
property tax issues.
Utilities Director Murdoch stated that there are no regulations that require the City to
adopt the guidelines, but noted that staff is seeking direction from Council.
Council Member Webb believed that the recount issue pertains to assessment districts and
noted that because of the frequency and large number of ballots, a recount will most likely
not be required. Council Member Gardner agreed and stated that she is comfortable with
the Proposition 218 guidelines.
4. HARBOR AREA MANAGEMENT PLAN CHAMP). 1100 -20091
Harbor Resources Manager Miller discussed the Harbor Area Management Plan (RAMP)
and added that it provides a framework for future work to be done in the Harbor.
David Poll, Weston Consulting, utilized a PowerPoint presentation to highlight the
objective, scope, benefits, goals, and. challenges. He discussed dredging requirements and
contaminated sediment management, eelgrass capacity and management tools, beach
replenishment strategies, water quality, hydrodynamic and water quality numerical
modeling, regional permits, sea level rise and flood control management, Upper Bay
sediment control, Upper Newport Bay restoration and management, and harbor area
management tools.
In response to Council questions, Mr. Poll stated that the document was started two years
ago w the information will he inaccurate at this time and noted that they can modify the
information to make it current. Harbor Resources Manager Miller added that the City took
the initiative to do the testing to jumpstart the dredging project because the U.S. Army
Corps of Engineers did the testing in 2003 and it failed- He stated that the City made a
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commitment to help identify problems and develop a solution for the contaminants and
then the U.S. Army Corps of Engineers will dredge the Harbor. He noted that the
information in the plan includes suggested steps and emphasized that the document is a
guideline, using general language, to be viewed as framework to show integration of the
different components. He stated that the table can be revised to include ranges and the
plan can be used to assist in identifying potential funding. He discussed impacts of
changing the bulkhead and indicated that the figure on page 30 pertaining to eelgrass will
be removed. Council Member Webb expressed support for the plan and stated that there
are situations where the bulkhead line is the property line and noted that the Mariners
Mile project is asking for an adjustment to the pierhead line.
City Manager Bludau stated that prior to staff presenting information to the Harbor
Commission, authorization is needed from Council. Council Member Gardner expressed
support for the plan and emphasized that Council should be kept informed. Council
Member Henn commended staff and the Harbor Commission for their hard work,
and stated that the plan needs to be kept current.
6. MARINE LIFE PROTECTION ACT (MLPA) ISSUES. [100 -2009)
Assistant City Manager Kiff presented a PowerPoint presentation that included a glossary
of the following terms: Marine Life Protection Agency (MLPA), MLPA Initiative, Marine
Protected Areas (MPA), State Marine Park (SMP), State Marine Reserve (SMR), and State
Marine Conservation Area (SMCA). He discussed the five study regions, the MPA process,
and the MLPA initiative process. He highlighted the key individuals involved in the
process, the timeline, the six MLPA proposals, and the existing MPAs, and discussed the
input provided by the surrounding communities.
In response to Council questions, Council Member Daigle stated that the nine mile radius
is the spacing guideline and discussed the groups in the MLPA process and their purpose.
Council Member Gardner noted that, in other MPAs, local fishermen helped with the
enforcement of protecting marine life areas. She believed that the program is a good
approach and noted that she talked to the Dory fishermen and they felt they would not be
impacted by the plan.
Mayor Selich commended Assistant City Manager Kiff for the explanation of the program.
Ken Kramer, California State Parks, discussed their role in the MLPA process and noted
that enforcement of the plan is handled by the California Department of Fish and Game.
David Pryor, Senior Environmental Scientist for the Orange County District of
Parks, stated that the Act protects the coastline and discussed the importance of national
and geologic resources. He noted the importance of eco- tourism to educational programs.
Council Member Gardner and Mayor Selich stated that they would like to look at the plan
again to discuss the effects on the community and to revisit environmental concerns.
Council Member Gardner added that she believed that the Topaz proposal provided the
most protection for Newport Beach.
In response to Mayor Pro Tem Curry's question, Mr. Pryor stated that the most productive
area is closer to shore and noted that the day fishermen are not affected by the Act.
Council Member Daigle noted that there are fishing uses that can be allowed in the area.
Wo Mizara, Orange County Coastkeeper, expressed support for the project and provided
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education material.
III. PUBLIC COMMENTS -None
IV. ADJOURNMENT - 5:10 p.m.
The agenda for the Study Session was posted on July 22, 2009, at 4:15 p.m on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
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