HomeMy WebLinkAbout06/08/2010 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
June 8, 2010 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
II. CLOSED SESSION - 4:53 p.m.
A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9
(a)): Four matters:
1. Banning Ranch Conservancy v. City of Newport Beach - OCSC Case No. 30-
2010- 00365758
2. Pacific Shores v. Newport Beach - U.S. District Court Case No. SACV 08 -00457
AG (PLAx)
3. Newport Coast Recovery u. City of Newport Beach - U.S. District Court Case
No. SACV 09 -0701 DOC (ANx)
4. Yellowstone u. City of Newport Beach - U.S. Dept. of Housing & Urban Dev.
Invest. No. 09-09-0834-8
B. Conference with Legal Counsel - Anticipated Litigation _- _Exposure_to Litigation
(_Gov_ern_ment Code § 54956.9(b)): Two matters:
Potential exposure to litigation on two matters 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. Conference .with _Labor Negotiators (Government Code § 54957.6):
Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy,
Human Resources Director
Employee Organizations: Multiple Newport Beach associations: Police Employees
Association (PEA), Police Management Association (PMA), Newport Beach Employees
League (LABEL), Newport Beach Professional & Technical Employees Association (Prof -
Tech), and Newport Beach City Employees Association (NBCEA)
D. Public Emnlovee Performance Evaluation (Government Code § 54957(B)fl)):
The City Council will meet in closed session to consider the evaluation of performance of the
following public employee(s):
Titles: City Attorney
III. RECESS
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IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry,
Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Henn
VIII. INVOCATION -Dr. Reverend Richard Kannwischer, St. Andrews Presbyterian Church
IX. PRESENTATIONS
Appreciation to U.S. Army Corps of Engineers Colonel Thomas H. Magness, IV for
Support of Newport Bay Dredging Efforts - Mayor Curry read the proclamation and presented
it to Colonel Magness. Colonel Magness discussed the City projects he has been involved in, his
optimism that funding will be issued for the Lower Bay dredging project, and expressed his
gratitude to the City.
2010 Rotary Student Exchange to Okazaki, Japan - Kent Moore brought greetings from the
Mayor of Okazaki, Japan, and introduced the chaperones and students (Jenna Funsten, Victoria
Lewis, Delaney McCardle, Teddy Parks, Campbell Woods, and Bayley Davidson) who will be visiting
Okazaki on behalf of the City.
Annual Youth Council Report - Recreation Manager Cates and Recreation Supervisor Valdez
discussed the purpose of the Youth Council. Youth Council Co -Vice Chair, David Fink, utilized a
PowerPoint presentation to highlight the events the Youth Council volunteers with, the guest
speakers that attend their meetings, and the Youth Council's future goals.
X. NOTICE TO THE PUBLIC_
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR
REPORT (NON_DISCUSSION ITEM)
Council Member Daigle announced that a lab will take place at the Back Bay Science Center over
the weekend, thanked Colonel Magness for all his hard work, and requested that staff look into
amending the Rhine Channel Dredging Project Mitigated Negative Declaration (MND) to include
that residents need to be permit ready.
Council Member Gardner noted that the Zoning Code is being updated and invited Corona del Mar
residents to attend a meeting about the Zoning Code on June 10 at 6:30 p.m. in the Council
Chambers. She requested that staff ask David Myerson of Resource Opportunity Group to look into
the feasibility of purchasing Banning Ranch. She discussed the Corona del Mar 5K race and
requested that staff come back with a proposal so that the City can hold a bike ride as the City's
13th special event. She also requested that staff look into the tree issue on Sandcastle.
Council Member Webb stated that he attended a reception for Board of Library Trustee Chase who
has served on the Board for eight years, but is moving. He provided an update on his quest to walk
all the City streets during his last year on Council and requested resident assistance to allow him
access to the gated communities.
Council Member Selich reported that the Balboa Island Parade was held last Sunday and
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commended all those who helped make it a great event.
Mayor Curry reported that he attended a reception to discuss art in public spaces, a Character
Counts Award Ceremony at Ensign and Corona del Mar Middle Schools, the Conference and Visitors
Bureau Annual Dinner, and the Back Bay Naturalists and Friends Bye Bye Birdie fundraiser. He
stated that he also spoke at the annual Stop Polluting Our Newport (SPON) meeting.
City Manager Kiff introduced Assistant City Manager Smith who provided her background.
XII. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR
MEETING OF MAY 25, 2010. 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. ORDINANCE FOR ADOPTION
3. AMENDMENT TO SECTION 11.03.020(B) OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO SPECIAL EVENT PERMITS. [100-
20101 Adopt Ordinance No. 2010 -10 amending Newport Beach Municipal Code
Section 11.03.020(B) to eliminate farmers' markets from the special event permit
process.
C. RESOLUTIONS FOR ADOPTION
4. ADOPT A RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL
TRANSPORTATION ENHANCEMENT PROGRAM FUNDING FROM THE
ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA). [100 -2010]
Adopt Resolution No. 2010 -51 authorizing the submittal of Bristol Street North
Landscape Improvements Project to be considered for Transportation Enhancement
program funding from Orange County Transportation Authority (OCTA).
5. 2010 -11 APPROPRIATION LIMIT. [100 -20101 Adopt Resolution No. 2010 -52
adopting the City's Appropriation (Gann) Limit for the 2010 -11 fiscal year in the
amount of $140,588,741.
6. COPPER -FREE BOAT BOTTOM PAINTS. [100 -20101 Adopt Resolution No.
2010 -53 endorsing a program to encourage the use of copper -free boat bottom paints.
7. MEASURE M GROWTH MANAGEMENT PROGRAM ELIGIBILITY
REQUIREMENTS. 1100 -20101 a) Adopt the Seven -Year Measure M Capital
Improvement Program; b) adopt Resolution No. 2010 -54 affirming that the City's
Circulation Element does not preclude implementation of the regional Master Plan
of Arterial Highways; and c) direct staff to submit the adopted Seven -Year Measure
M Capital Improvement Program and Maintenance of Effort Certification to the
Orange County Transportation Authority to satisfy the eligibility provisions for
Measure M and the Growth Management Program.
8. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS
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IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL
REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY
ASSESSMENTS FOR FISCAL YEAR 2010 -2011. [100 -2010] a) Approve the
Newport Beach Restaurant Association Business Improvement District Fiscal Year
2010 -2011 Annual Report; and b) adopt Resolution of Intention No. 2010 -55 to Levy
Assessments and set the public hearing for June 22, 2010.
9. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID)
RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2010-
2011. [100 -2010] a) Approve the Balboa Village Business Improvement District
Fiscal Year 2010 -2011 Annual Report; b) adopt Resolution of Intention No. 2010 -56
to Levy Assessments and set the public hearing for June 22, 2010; and c) confirm
the Balboa Village Business Improvement District 2010 Advisory Board, as
nominated by the 2009 BID Advisory Board, as follows: Bob Black - Catalina
Passenger Service, Butch Wilson - Balboa Saloon, Tony George - Surfside Silver,
Brock Morrison - Rainey Fine Art, Ralph Rodheim - Balboa Boat Rental, Jim
Fournier - Tales of Balboa, Craig Batley - Baywalk, Inc. - Bungalow Basics
10. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID)
RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2010-
2011. [100 -2010] a) Approve the Marine Avenue Business Improvement District
Fiscal Year 2010 -2011 Annual Report; b) adopt Resolution of Intention No. 2010 -57
to Levy Assessments and set the public hearing for June 22, 2010; and c) confirm
the Marine Avenue Business Improvement District 2010 Advisory Board, as
nominated by the 2009 BID Advisory Board, as follows: Alex Richardson - HOM
Realty, Sheri Drewry - Wilma's Patio, John Robinson - Amelia's Restaurant, Anne
Moloney - Beach Time Realty, Eldy Galietta - Barolo by the Sea, Pam Hubbard -
Persimmon Tree
11. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID)
RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF
RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2010 -2011.
[100 -2010] a) Approve the Corona del Mar Business Improvement District Year
2010 -2011 Annual Report; b) adopt Resolution of Intention No. 2010.58 to levy
assessments and set the public hearing for June 22, 2010; and c) confirm the Corona
del Mar Business Improvement District 2010 Advisory Board, as nominated by the
2009 BID Advisory Board, as follows: Bernie Svalstad - Newport Factoring, Tom
Nicholson - Nicholson Company, Jim Walker - The Bungalow, Beverly "BJ" Johnson
- Prudential California Realty, Ali Zadeh - The Port Restaurant & Lounge, Scott
Laidlaw - Laidlaw Schultz Architects, Tina B. Hoover - Hoover Law Office
D. CONTRACTS AND AGREEMENTS
12. 2009 -10 SIDEWALK CURB AND GUTTER REPLACEMENT PROGRAM (C-
4189) - COMPLETION AND ACCEPTANCE. [381100 -20101 a) Accept the
completed 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. AWARD OF PURCHASE AGREEMENT CONTRACTS FOR OASIS SENIOR
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CENTER FURNITURE, FIXTURES AND EQUIPMENT (C- 4544). [381100-
2010] a) Approve the proposed OASIS facility furnishings in the total amount of
$408,319.49; b) award the contract to New Tangram, LLC for the total proposal
price of $220,095.98, and authorize the Mayor and the City Clerk to execute the
contract; c) award the contract to KI/Krueger Commercial, Inc. for the total proposal
price of $138,494.10, and authorize the Mayor and City Clerk to execute the
contract; and d) award the contract to Interior Office Solutions, Inc. for the total
proposal price of $49,729.41, and authorize the Mayor and the City Clerk to execute
the contract.
14. AVON STREET, TUSTIN AVENUE AND OCEAN VIEW AVENUE STREET
REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION
(C -4091) - AWARD OF CONTRACT. [381100 -2010] a) Approve the project
drawings and specifications; b) award C -4091 to R.J. Noble Company for the total
bid price of $667,315.50, and authorize the Mayor and the City Clerk to execute the
contract; c) establish an amount of $70,000.00 to cover the cost of unforeseen work;
and d) approve Budget Amendment No. IOBA -049 recognizing additional funding in
the amount of $197,344.00 from the County of Orange Proposition 42 City Aid
Program (CAP) and appropriating $197,344.00 to Account No. 7191- C2002024.
15. APPROVAL OF AN AGREEMENT WITH ALEXANDER CONTRACT
SERVICES, INC. FOR CITY WATER METER READING SERVICES (C-
4545). [381100 -2010] Approve an agreement with Alexander Contract Services,
Inc. for water meter reading services, and authorize the Mayor and City Clerk to
execute the agreement.
16. APPROVAL OF CONTRACT WITH EMERGENCY POWER CONTROLS,
INC. FOR THE GENERATOR REMODEL BUILDING 4 PROJECT (C- 4230).
[381100 -2010] a) Approve Professional Services Agreement with Emergency Power
Controls, Inc. for the Generator Remodel Building 4 Project (C- 4230), and authorize
the mayor and City Clerk to execute the agreement; and b) approve staff to
encumber an amount of $5,640 (15% of total bid) for service contingency.
17. CALIFORNIA COASTAL COMMISSION APPLICATION PREPARATION
AND PROCESSING - APPROVAL OF PROFESSIONAL SERVICES
AGREEMENT WITH SCHMIDTZ & ASSOCIATES (C- 4546). [381100 -2010]
Approve a Professional Services Agreement with Schmitz & Associates, Inc.
(Schmitz) of Malibu, to conduct California Coastal Commission application
preparation and processing at a contract price of $154,750, and authorize the Mayor
and City Clerk to execute the agreement.
18. NEWPORT BEACH FARMERS' MARKET LICENSE AGREEMENT (C- 4547).
[381100 -2010] Authorize the Mayor and City Clerk to sign the Newport Beach
Farmers' Market License Agreement between the City of Newport Beach and the
Sprouts of Promise Foundation ( "Licensee "), allowing the Licensee the use of City
property for a Certified Farmers' Market for a period of one (1) year, and allowing
the City Manager to renew the License on an annual basis if he /she finds that the
terms of the agreement have been met and the operation of the Certified Farmers'
Market is not causing any negative impact on traffic circulation, parking, or
surrounding properties and uses.
19. DORY FLEET ACCESS AREA EMERGENCY SAND REPLENISHMENT
PROJECT - RETROACTIVE APPROVAL OF WORK (C4556). 1381100
20101 Approve the necessary Emergency Sand Replenishment Work adjacent to the
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Newport Pier and the Dory Fleet Compound performed by Tight Quarters Inc.
(Tight Quarters).
21. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 -
APPROVAL OF SETTLEMENT AGREEMENT WITH SK HART BAYVIEW
LLC (C- 4548). [381100 -20101 Approve the Settlement Agreement with SK Hart
Bayview, LLC for the acquisition of real property for the Jamboree Road Bridge
Widening Over State Route 73 Project, and authorize the Mayor and City Clerk to
execute the Settlement Agreement and Certificate of Acceptance.
22. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
ANDERSON PENNA (C- 4549). [381100 -20101 Approve a Professional Services
Agreement with Anderson Penna of Laguna Beach, for the Jamboree Road Bridge
Widening Over State Route 73 project at a not to exceed price of $533,850.00, and
authorize the Mayor and the City Clerk to execute the agreement.
E. MISCELLANEOUS
24. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION
OF NOMINEES. [100 -20101 Confirm the nominations made by the Ad Hoc
Appointments Committee, as listed in the staff report and supplemental staff report.
25. OFFICE OF THE CITY ATTORNEY - BUDGET AND TREND ANALYSIS.
[100 -20101 There is no recommendation at this time.
S31. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF
SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD,
BACK BAY DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER
STREETS FOR THE JULY 4TH HOLIDAY. [100 -20101 Adopt Resolution No.
2010 -63 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.
Council Member Daigle expressed her appreciation for the continued progress of the Jamboree
Bridge Widening project (Items 21 and 22).
Council Member Gardner stated that she read an article about how farmers' markets are beneficial
in helping the fabric of a community (Item 18).
Without objection, City Manager Kiff requested that the second recommendation in Item 19 (Dory
Fleet Access Area Emergency Sand Replenishment Project) be removed since a budget amendment
is no longer needed.
Regarding Item S31 (July 4th Temporary Street Closures), City Manager Kiff noted that the
resolution allows for more closures than is being proposed.
Motion by Mayor Pro Tem Henn,_ seconded by Council Member Rosansky to approve the
Consent Calendar, except for the items removed (20 and 23); and noting that additional nominations
are being recommended relative to Item 24 (Confirmation of Board and Commission Nominations)
and the budget amendment is no longer needed for Item 19 (Dory Fleet Access Emergency Sand
Replenishment Project).
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The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry,
Council Member Webb, Council Member Gardner, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT__ CALENDAR
20. SAN MIGUEL DRIVE STREET IMPROVEMENTS (C -4472) - AWARD OF
CONTRACT. 1381100 -20101
Public Works Director Badum indicated that the City may be able to utilize remaining
CIOSA funds for the project and requested Council authorization to supplement the project
with CIOSA money, if available.
Motion by Council Member Webb, seconded-by Council Member Gardner to a)
approve the project drawings and specifications; b) award C -4472 to GASS Construction
Company, Inc. for the total bid price of $1,170,000, and authorize the Mayor and the City
Clerk to execute the contract; c) establish an amount of $117,000 (10 %) to cover the cost of
unforeseen work; d) establish an amount of $12,500 to cover the cost of construction
material testing; e) establish an amount of $2,500 to cover the cost of printing and
incidentals; f) authorize staff to supplement the project with CIOSA money, if available;
however, if the funds are not available, approve Budget Amendment No. IOBA -052 to
recognize the contribution of funds in the amount of $1,302,000 from Zoning Implementation
and Public Benefit Agreement between the City of Newport Beach and The Irvine Company
LLC dated January 8, 2008, and appropriating $1,302,000 into Capital Project Account No.
7251- CI002025; and g) direct staff to seek reimbursement for the project funding
($1,302,000) pursuant to the Zoning Implementation and Public Benefit Agreement between
the City of Newport Beach and The Irvine Company LLC dated January 8, 2008.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
23. PLANNING COMMISSION AGENDA FOR THE JUNE 3, 2010. [100 -20101
Laura Curran discussed the proposed Development Agreement with Morningside Recovery
(PA2010 -069) and questioned how duplexes are handled in the agreement. She also believed
that the City's definition of "integral facility" can be enforced and that the "block" definition
and how far group home facilities can be apart need to be clarified.
Denys Oberman believed that the proposed Development Agreement with Morningside
Recovery is not consistent with the General Plan and the term of the long -term entitlement
should only be 25 years. She expressed concern about the change to the character of the
neighborhoods and that Morningside Recovery will be allowed to move clients to other
facilities without any formal control. She provided suggestions for modifying the agreement.
Mayor Pro Tem Henn noted that the Planning Commission recommended approval of the
Development Agreement to the City Council with a few modifications. City Attorney Hunt
reported that the Planning Commission's and the public's comments will be taken into
consideration before bringing the agreement before Council.
Motion by Council Member Webb. seconded by Mayor Pro Tem Henn to receive and
file.
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The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XV. P_ UBLIC COMMENTS
Tom Billings suggested that the City become a Rule of Law city and presented a sample resolution
from the City of Orange. He further discussed how illegal immigration can impact the City.
XVL PUBLIC HEARINGS
26. PROPOSED ASSESSMENT DISTRICT NO. 100 - AREA GENERALLY BOUNDED
BY 13TH STREET, BALBOA BOULEVARD, ADAMS STREET, AND OCEAN FRONT
- FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN
UNDERGROUND UTILITIES DISTRICT. [891100 -20101
Mayor Pro Tem Henn recused himself and vacated the dais since he lives in the boundaries
of Assessment District 100.
Mayor Curry discussed the procedures for the Assessment District, Senior Civil Engineer
Lee provided the staff report, and Assessment Engineer Cox discussed the boundaries, the
City's concurrent water and sewer line projects for the area, and the basis for the
assessment amounts.
Mayor Curry opened the public hearing.
Margaret Shannon Hamilton noted the economic times and believed that the assessment
would place an undue burden on the homeowners.
William Shaver expressed support for the Assessment District and requested a list of
contractors who have business licenses in the City that could perform the private property
hook -ups for the residents.
Hearing no further testimony, Mayor Curry announced that all written protests and ballots
are to be turned in at this time and closed the public hearing. He announced that staff will
tabulate the ballots and then Council will take action on the issue when the results are
returned to the City Clerk.
27. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 - ADOPTION
OF RESOLUTION OF NECESSITY TO ACQUIRE A PORTION OF REAL
PROPERTY LOCATED AT 3601 JAMBOREE ROAD BY EMINENT DOMAIN. [100-
20101
Deputy Public Works Director Webb provided a staff report and noted that the City sent an
offer to the property owner in January but never received a counter offer. He discussed the
eminent domain process and reported that the City will continue to try to negotiate with the
property owner during the process.
Motion _by__Council Member Webb, seconded by Council Member Gardner to adopt
Resolution No. 2010 -61 establishing the need for the City to acquire a portion of real
property located at 3601 Jamboree Road in the City of Newport Beach for the purposes of
constructing the Jamboree Road Bridge Widening Over State Route 73 Project.
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In response to City Attorney Hunt's question, Deputy Public Works Director Webb indicated
that the project was developed to provide the least impact on private resources.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the
public hearing.
Mayor Curry discussed eminent domain and that, in this case, it is allowing the termination
of ownership of the property at a fair price to both the property owner and the taxpayers.
Council Member Selich expressed his opposition to the use of eminent domain and believed
that tonight's action is premature. He suggested that the City continue to negotiate with
the property owner and cautioned that the City may end up paying some of the property
owner's eminent domain expenses.
The motion carried by the following roll call vote:
Ayes: Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member
Webb, Council Member Gardner, Council Member Daigle
Noes: Council Member Selich
28. FISCAL YEAR 2010 -11 PROPOSED BUDGET HEARING. 1100 -20101
City Manager Kiff discussed the budget checklist
In response to Council questions, Administrative Services Director McCraner believed that
the amount listed in page 15 of the proposed budget might be due to the OASIS Senior
Center, but will verify. Regarding the sales tax forecast, she explained that the City's
estimates are more conservative than the consultant's or the State's estimates. She
reported that the budget checklist, list of reclassifications, and list of new positions will be
presented at the June 22 meeting. Council requested an update relative to the Early
Retirement Incentive Program (ERIP). Mayor Pro Tom Henn also requested that staff look
into ways to possibly fund the remainder of the wayfinding program.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the
public hearing.
Motion by Council Member Selich, seconded by Mayor Pro Tern Henn to direct the
preparation of the Budget Resolution for adoption at the Council Meeting of June 22, 2010,
including any checklist items.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tern Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
29. VACATION OF AN EXISTING STORM DRAIN EASEMENT AND ACCEPTANCE OF
NEW STORM DRAIN EASEMENT AT 445 EAST COAST HIGHWAY. [100 -20101
Public Works Director Badum provided the staff report and noted that the applicant is
awaiting the City's approval because their application is already with the Coastal
Commission.
Motion by Council Member _Rosansky, seconded by Council Member Webb to a)
adopt Resolution No. 2010.62 ordering the vacation of an existing storm drain easement and
the acceptance of new storm drain easement at 445 East Coast Highway; b) direct staff to
process the vacation and acceptance of said easements; and c) direct the City Clerk to have
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the Resolution and easement documents recorded by the Orange County Recorder.
Mayor Curry opened the public hearing. Hearing no public testimony, he closed
the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
XVII. CURRENT BUSINESS
30. UPDATE OF THE COUNCIL'S 2010 GOALS AND PROJECTS. [100 -2010]
City Manager Kiff reviewed the goals and projects outlined in the staff report. He indicated
that staff will provide a follow -up report relative to the Rhine Channel Dredging project's
sediment test.
Regarding sea level changes, Council Member Gardner requested that the City also consider
other options besides seawalls. Council Member Webb noted that this should also be
considered not just for Balboa Island, but other locations in the City. Regarding Buck Gully,
Council Member Gardner indicated that she requested that the City Attorney's Office look
into whether an Environmental Impact Report (EIR) is needed for the project.
In response to Council questions about increasing harbor fees, City Manager Kiff discussed
the two different types of harbor fees and indicated that staff will be bringing back a
proposal to conduct an appraisal of fees that deal with a private entity's use of public assets,
i.e. moorings, commercial docks, Balboa Yacht Basin. He noted that the goal is to have the
appraisal done by October 1. With the concurrence of Council, Council Member Webb
directed staff to distribute the fee for mooring administration by the Sheriffs Department
equally amongst the 1,200 mooring units in this year's budget. Regarding the cost to
provide services through Harbor Resources, City Manager Kiff indicated that this
information will be included with the updated fee schedule that will be presented to Council
in a few months.
Council Member Rosansky requested that Council be provided with more information about
what will happen to the current City Hall site after the move to the new Civic Center.
Regarding his question about changes to NBTV, Council Member Gardner indicated that the
Public Information Manager will be bringing survey results to the Media and
Communications Committee.
Council Member Daigle expressed support for the direction the City is heading.
Motion by Council Member Webb,, by Council Member Daigle to receive
and file.
XVI. PUBLIC HEARINGS - Continued
26. PROPOSED ASSESSMENT DISTRICT NO. 100 - AREA GENERALLY BOUNDED
BY 13TH STREET, BALBOA BOULEVARD, ADAMS STREET, AND OCEAN FRONT
- FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN
UNDERGROUND UTILITIES DISTRICT. [891100 -2010]
City Attorney Hunt reported that Mayor Pro Tem Henn has vacated the dais.
City Clerk Brown announced that 68% of the ballots submitted were in favor of the
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Assessment District, for a total assessment of $2,012,833, and 32% of the ballots were
submitted in opposition, for a total assessment of $968,340.
Motion-by Council Member Webb. seconded by Council Member Selich to a) adopt
Resolution No. 2010 -59 overruling protests, approving final engineer's report, levying
assessments without modification, approving and ordering the work and improvements for
the utility underground project, and authorizing and directing related actions with respect
to Assessment District No. 100; b) adopt Resolution No. 2010 -60 approving contracts with
certain utility companies for utility improvements for Assessment District No. 100; and c)
approve Budget Amendment No. IOBA -051 for $4,345,000 to provide $4,084,000 for the
design, construction, financing and incidental contingencies, and $261,000 to establish a
bond reserve; increase revenue estimates by $4,084,000 and increase expenditure
appropriations by $3,851,630.18, where $67,386.25 has not been expended, but is
encumbered for anticipated future use; and direct that the difference of $164,983.57 be
utilized to reimburse the City for past assessment engineering and design expenditures
related to this district.
The motion carried by the following roll call vote:
Ayes: Council Member Selich, Council Member Rosansky, Mayor Curry, Council Member
Webb, Council Member Gardner, Council Member Daigle
Abstain: Mayor Pro Tem Henn
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT -Adjourned at 8:39 p.m, in memory of Jane Willet and Paul Wagner
The agenda for the Regular Meeting was posted on June 4, 2010, at 3:15 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 2, 2010,
at 4:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
D4, �O�
Recording Secretary
Mayor
Volume 59 - Page 506