HomeMy WebLinkAbout01 - Minutes - 6-9-09Agenda Item No.1
Jane 23, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
June 9, 2009 — 3:00 p.m
I. ROLL CALL
Present: Council Member Henn, Mayor Pro Tom Curry,
Council Member Daigle
Excused: Council Member Rosansky, Council Member We
Council Member Webb arrived at 3:07 p.m. and
Pan.
11. C_ URRENT_BUSINESS
1. CLARIFICATION OF ITEMS ON THE
Member Gardner,
Rosansky
CALENDAR.
at 3:17
In response to Council's question arding the cost of chnical services (Item 10), Public
Works Director Badum indicated urly costs for a services have not decreased,
unlike material costs, and discuss the com ocess ublic Works uses to determine
the cost for professional services.
Council Member Gardner reques t the Utilities Director provide her with an
explanation via em elative to the ;000 budget checklist request in Item 13 (Newport
Terrace Gas Coll io yste in)
.
Regarding I 10 (11hcorative Banner lag Encroachment Policy), City Manager Bludau
indicated t his is An annual request t ` t can be approved by staff.
noted that the p blic hearings for the Business Improvement Districts
be held on June 23, 3009. Council Member Henn indicated that it
a ma ng amounts from the BIDs have increased and requested an
e the pit hearings are conducted. Mayor Selich requested that staff also
BIDS hail asked for new money.
City Manager BI
;(BID p h
i
clarify whether t
AQ Regarding Item (Measure M Growth Management Program), Council Member Henn
Nearks ferenced the P •ement Rehabilitation Projects chart and received clarification from Public
Director Hadum that the Central Balboa Peninsula Pavement Rehabilitation project
is n Asses ent District No. 101 and that some of the streets within the district need
to be r . ced d the drainage needs to be fixed.
Regarding .t em 17 (Boards and Commissions Vacancies), Mayor Pro Tern Curry received
confirmation that Maiqual Talbot only wanted to be considered for the Civil Service Board
vacancy.
2. BUDGET REVIEW.
Traffic .Signalization_Phases 516 and_8
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City of Newport Beach
City Council Study Session
June 9, 2009
Deputy Public Works Director Webb provided an update on the previous phases, the design
and construction of Phases 5, 6 and 8, and the timeline for the phases- He confirmed that
the Pacific Coast Highway relinquishment can be added at any time, but those signals do
not have fiber optic cable. He also discussed possible grant opportunities, the benefits of
continuing with the current traffic signalization firm, and the methodology for phasing the
project. He stated that there is a benefit to having someone man the signals, so they will
explore better practices on how to handle this.
City Manager Bludau noted that the Governor is looking at taki g away 75% of local gas tax
money for a number of years. Deputy Public Works DirectUebb noted that this could
mean losing $1 million a year of gas tax money that the Ci to maintain its pavement'
program.
In response to Council questions, Deputy Public orks Director bb in that
Measure M money is a sales tax that the State ca of touch; however, th' .' to can attempt
to access other monies.
Big Corona Pol,ic_.e_P_atroUPark Patrol.
Police Chief Klein discussed the history a
citizen concerns, and actions taken by
concerns. He highlighted the amount of
arrests conducted by the footbe and
concerns are associated with fir
coordination has occurred between the
General Services, Code Enforce nt,
resources are limited and, as part o the
is limiting overtime. He discussed the i
set of eyes on the b h, and how P
issue citations. A,
e' ement at the Corona del Mar State Beach,
the lice Department in response to citizen
vertim spent and the number of citations and
area units.` noted that recent daytime beach
rbecue, and ve code violation issues, and that
epartmen % Fire Department, Lifeguards,
Recre Parking. He stated that Police
Pole Depart nt's 2% reduction, the department
miortance of educating the public, having an extra
Patrol can assist, especially since they are able to
Recreation a Servic Director Detwe 5 er reported that the Parks, Beaches and Recreation
Commissio • -s recd ending that the ity hire a part -time Park Patrol Ranger to help
educate an ree na del Mar State Beach and assist with the year -
round patrollin e City's 6 pa and facilities- She agreed that this will not solve the
prob will the effort. She highlighted the training involved and the expanded
r sr i that Patrol has undertaken since it was created, and explained the cost
reakdown fo new p' on.
Following Mayo ro Tom carry and Council Member Glover expressing support for the
proposed Park trol position, City Manager Bludau indicated that the position will be
added to the bud t checklist.
Producer to_Custodv Officer
Police ein reported that the Corrections Standards Authority (CSA) recommended
that the ice Department have two custody officers in the jail, rather than one. He
indicated hat the video producer left the department and that, instead of filling the
position, the salary could be used toward hiring the additional custody officer, the
department's videos can be contracted out, and neither the video producer or custody officer
is a sworn position.
It was the consensus of Council to place the position on the budget checklist.
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City of Newport Beach
City Council Study Session
June 9, 2009
Clean.. Natural.G. a_s
General Services Director Harmon reviewed the two Air Quality Management District
(AQMD) regulations that mandate the replacement of public and private diesel fleets with
clean burning natural gas vehicles. He noted the cost savings with using natural gas versus
diesel fuel and the City will receive a royalty fee for outside use of the fueling station. He
reported that the building of the station was approved by Council 2008 and the fleet
maintenance shop would need modifications. He also reporte n Council Policy F -9
regarding vehicle replacements, the bids received for front 4ar,sed r -load refuse trucks, the
difference between the two types of trucks and where they in the community, and
the pros and cons of automated collection. He reviewed fun ortunities but noted that
money has been set aside for the trucks in anticipation oi' bases. He stated that
they will come back in July with bids for the four replament truck oted that used diesel
equipment cannot be resold in this country but theb{ells can, and re d that AQMD is
also interested in applying the regulations to small!i vehicles-
Utilities Director Murdoch discussed th lahigher o r in management and vacancies in key
positions, reviewed the reasons for the zational review of the department, and
reported that the study recommended the ti f a Deputy Director position. He stated
that new issues have arose that require "` 1 of upper management assistance,
reviewed the duties of the D Director and the position could be funded,
highlighted the proposed depa nizational ch and explained the difference
between the Director and Deputy ctor mom.
Library Services
and expanded se
contribute to
directly to th t b
Regarding the
an updated all
2009 -10 from v
This update 0
fiscal ves(r
Cowell dis T the proposal to add tables, chairs, a coffee bar,
the Corona ar Branch Library. She reported that people can
shment of rary by donating to the Literary Foundation or
the City.
Director Danner reported that there are two public hearings
the
Depar at budget, Administrative Services Director Danner provided
on plan at updates the salaries and benefit increase for 2008 -09 and
vas originally included in the previous budget materials sent to Council.
i the percentage increase in the Fire Department budget from 8% to 2%
10. Fire Chief Lewis reported that the increase in salaries for the 2007 -
d years was due mainly to filling of vacancies, and added that the salary
to paying step increases to the younger personnel.
7 garding4he McFadden Square Centennial Project, Ray Price discussed Phase II of the
roject and the need for an advance of $50,000 to begin the next band of stone tiles. City
Manager Bludau expressed concern about expending staff on this project when there are
ongoing projects that need their attention and that the project is requiring a higher level of
maintenance. Bernie Svalstad noted that the McFadden Project was intended to be a living
legacy, believed that the funding is a small request, discussed the need to have someone
oversee the project, pointed out that maintenance will always be needed, and reported that
the project could generate over $200,000 which could be used to assist with maintenance
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City of Newport Beach
City Council Study Session
June 9, 2009
costs. He indicated that he could work with the Peninsula community associations to help
relieve some of the management pressure.
Council Member Henn expressed concern about building the ring for the $250 tiles when the
$1,000 tiles are not being sold; however, noted that a management solution for the overall
responsibility of the project needs to be determined, the seed money will be recouped over
time, a fund should be established to pay for maintenance, and a Ci monument should be
looked after by the City. Council Member Gardner suggested havi someone else take over
the project so the City does not use staff time. Council Member ebb noted that, when the
City decided to create a centennial monument, maintenance as necessary. He suggested
only updating the history every five years, and believed the $46,000 is reasonable and
the project should not be turned over to someone else. ayo ich believed that there
should be one staff member dealing with this project. ity Maaag ludau indicated that
he will place this on the budget checklist. ,
Regarding the budget checklist, Council Memb He requested that th lboa Village
Palm Tree Replacement Matching Fund Pr, am, a Economic Developme Committee
(EDC) Strategic Plan, McFadden Square nni roject, West Balboa Median project for
design only, and Coastal Peal Park maint a added to the budget checklist.
Council Member Webb requested that the Mar rs Mile Boardwalk project be reinstated
and additional planning for traffic calming measur long Mariners Mile be added to the
budget checklist.
In response to Council Member sa stions, A inistrative Services Director
Danner confirmed that the City n ds to do t as control system but it is not in
the budget.
Council Member Dai a requested th interim landscaping fix be explored for Bristol.
Regarding the y ll and Park ect, Council Member Gardner requested a clearer
explanation the pr jset and its ch ges, but not necessarily the costs since they are
unknown a s time
3. CONSIDERA RELATED TO INCREASING CAMPAIGN
CONTRB4_UTIO MITS AND MORE CLEARLY DEFINING TERM LIMITS FOR
'Mayor Pro Te urry di ed how the cost to run a campaign has increased, noted that
most Orange Co ty cities o not have campaign limits, and suggested that an ordinance
come back for until consideration relative to increasing the limit and allow it to be
adjusted by the nsumer Price Index (CPI). Council Member Rosansky expressed support
r the request nd noted that only four Orange County cities have lower contribution
li _ Council ember Henn believed that a $1,000 contribution limit places the City
on t a Nnsery `' ive end of the Orange County cities and agreed that it is expensive to run
campai a recommended adjusting the contribution limit every two years by the CPI,
neral Municipal Elections, and rounding the amount to the nearest $100.
Council Member Daigle expressed support for this recommendation.
In response to Council questions, City Attorney Hunt indicated that the San Jose case has
not been ruled on and that there is no limit on how much a candidate can contribute to his
or her campaign.
Council Member Gardner expressed hope that the City would eventually look into
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City of Newport Beach
City Council Study Session
June 9, 2009
independent expenditure contributions because it affected the last election, City Attorney
Hunt indicated that he would bring back an analysis.
Regarding term limits, Mayor Pro Tem Curry reviewed the results of the 1992 election
regarding term limits Charter and provided examples of how the intent of the charter
amendment relative to term limits could be interpreted in order to have longer terms. He
recommended that an ordinance be drafted to assist with the ambigl#ties and more clearly
defines terms, term limits, and the necessity to be out of office for ur years after serving
two terms prior in order to be a Council candidate.
In response to Council questions, City Attorney Hunt
up the ambiguities before a problem arises and confir
Members who were appointed to the position and want
City Manager Bludau indicated that the topic
another study session with an ordinance on the
Ron Hendrickson expressed concern about
believed that all unscheduled Council
election, not the appointment process. Ad i
serve one full term after the unscheduled term
III. PUBLIC COMMENTS - None
IV. ADJOURNMENT - 5:31 p.m
The agenda for the Study Session was osted on
Bulletin Board located outside of the City of N@O
City Clerk
eee t it would 6e better to clear
at' does not affect Council
for t nsecutive terms.
limits can be dfakAssed further at
the campaign contribution limit. He
should be handled through a special
, that person should only be allowed to
1, at 3:45 p.m on the City Hall
Administration Building.
S
Recording Secretary
Mayor
Volume 59 — Page 179
CITY 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. Conference with Legal Counsel - Existin Li ation Governm ode §5051.9
(a)); Three (3) matters:
1. Beek v. City. of Newport Beach EQ Orange County Superior Court Case
No. 30.2008- 00071011
2. Beek v. City of Newport Beach (E n), Orange County Superior Court Case
No. 07CC12177; 4th District Court of Ap Case No. G041074
3. Weeger Bros. v. City _, . wport Beach, e County Superior Court Case
No. 30- 2009 - 00122898
ce _with Le aI Counse't - Antici e_ tion..-. Exposure to Litigation
R. Conferen _ g_
Government Code,§ 54956.9fb11
One ( atter:
1. Potential a sure to litigati n one matter based upon facts and circumstances
that mi ult in litigati against the City but which are not yet known to a
poten ' pla tiff or plaint' nd disclosure of the facts or circumstances would
jeo dize th City's ability to olve the matter.
C. Conference__ h._ tici ated Litigration.71nifiati,on of_L_.itigation
(Government _ § 549W.9 c : wo (2) matters:
al ini on of litigation against the County of Orange for charging the City
Prop Tax A - istration Fees in excess of those permitted by the Revenue and
2.
D. Pu
Potentia initiation of litigation against Red Bluff, LLC, for imposition of a receiver
in order lo bring its property at the corner of Dover and PCH into compliance with
City re ations and to abate nuisances.
will meet in closed session to consider the evaluation of performance,
and/or employment of one public employee, specifically:
Title: City Manager
IV. RECONVENED AT 7:00 P...M. FOR REGULAR MEETING
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City of Newport Beach
City Council Minutes
June 9, 2009
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 SESSI..ON_RE_.PORT
City Attorney Hunt reported that Council voted to approve moving forwar .fWith litigation against
the County of Orange (Closed Session Item C -1) and voted to autho a counsel to file a civil
enforcement action relative to Red Bluff, LLC (Closed Session Ite A -3). He announced that
Council authorized the City Manager to execute a mutual separati eemeat with Police Chief
sion
Mein, adding that it was appropriate to have a Closed Ses di uss o tlds matter due to the
multiple circumstances involved..
Mayor Selich stated that Chief Klein decided that it is in A best interest of NChie nts and the
Police Department that he retire after serving almost 30 ars nd provide thpportunity
to resolve the controversies. The entire City Councils reed, ed and thankelein for his
de dication to the community.
City Manager Bludau stated that Chief Klein wil'f\=PIP'
osition until July 9 and an
interim Chief will be hired to allow the new City Mortunity to hire a new Po lice
Chief.
VII. PLEDGE OF ALLEGIANCE.- Count' er G
VIII. INVOCATION - Council Member Web
DL PRESENTATIONS
R
Proclamation to Citizen he Year Norse oats, Ed.D. - Mayor Selich read the proclamation
and indicated that he wi a the proclama sent to Dr. Loats.
Annual Youth Co cil Re ort - Recreationvlanager Cates explained the purpose of the 25-
member Youth C it and aley Stevens, Mth Council Vice Chair, provided a PowerPoint
presentation that incl d t volunteer information, pictures, and future goals.
She thanked the retreat taff for their he p. Mayor Selich, Mayor Pro Tern Curry, and Council
Member men the students for their involvement.
X. NOT TO THE P IC
XI. C tfT_COUNCIL AN UNCEMENTS OR MATTERS WHICH COUNCIL_ MEMB RS
D LIKE PLA ON A . FUTURE__ AGENDA FOR DISCUS ION . ACTION OR
R T NO SIGN ITEMZ:
Council ' er Daigl - nnounced that on Saturday, June 13, there will be a 5k run at Corona del
Mar High S an nvited residents to attend. She also announced that the grunions will be
running throug e week.
Council Member ardner 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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City of Newport Beach
City Council Minutes
June 9, 2009
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 Tem Curry announced that Memorial Day was the one year nniversary of the 1/1
Marine Memorial in Castaways Park and he thanked staff and the Park, Rif—aches, and Recreation
Commission for the flag pole. He also announced that he participated ' the 70th Anniversary of
the Newport Balboa Rotary Club and congratulated them for th years of service to the
community.
Mayor Selich announced that he shot the start gun For the Co a del M n)C and participated in
the Balboa Parade which signaled the start of summer. H a son announced''b t earlier today he
participated in the Harbor Day ceremony at Eastbluff Ele ntary School.
XII. CONSENT.CALENDAR
A. READING OF MINUTESIORDINAN S RESOLUTIONS
1. MINUTES OF THE REGULAR ING AND ADJOURNED REGULAR
MEETING OF MAY 26, 2009. [100 -2' J Waive reading of subject minutes,
approve as written and order filed.
x
2. READING OF ORDIIf D RESOL NS. Waive reading in full of
all ordinances and resol��ons un ration, and direct City Clerk to read
by title only.
B. RESOLUTIONS FOR ADOPTIO
4. REST A T ASSOC IA ON BUSINESS IMPROVEMENT DISTRICT
(BID) NE AL: ANNU REPORT FOR FISCAL YEAR 2009 -2010 AND
AD TION F RESOLUTIW OF INTENTION TO LEVY ASSESSMENTS
F FISC YEAR OF JU& 1, 2009, TO JUNE 30, 2010. [100 -20091 a)
Appro th ` iation Business Improvement District Fiscal Year
2009 -20' , nual Report; adopt Resolution of Intention No. 2009 -30 to levy
lasfttsmen d c) set the public hearing for June 23, 2009.
BALE' A VI E BUSINESS IMPROVEMENT DISTRICT (BID)
RENE AL REPORT FOR FISCAL YEAR 2009 -2010 AND
ADOP N OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL
YEAR 009 -2010. [100 -20091 a) Approve the Balboa Village Business
Improv s ent District 2009.2010 Annual Report; and b) adopt Resolution of
Intenti f No. 2009 -31 to levy assessments and set the public hearing for June 23,
2009-
6. NE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID)
VR EWAL: 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.
7. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID)
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City of Newport Beach
City Council Minutes
June 9, 2009
RENEWAL- ANNUAL REPORT FOR FISCAL YEAR 2009 -2010 AND
ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL
YEAR 2009 -2010. [100 -20091 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; Mark4r chulem Secretary -
Crown Ace Hardware; Jim Walker, Treasurer -The ungalow; Beverly "BJ
Johnson - Prudential California Realty; and Ali Zade The Port Restaurant &
Lounge; and c) adopt Resolution of Intention No. 20 -33 to levy assessments and
set the public hearing for June 23, 2009.
C. CONTRACTS, S, AND AGREEMENTS
8. FUNDING FOR CALIFOR , A LAW ORCEMENT
TELECOMMUNICATION SYS M (CLETS) RYPTION
REQUIREMENT (C- 4224). [38110 0091 Approve an expendit of $54,217
to upgrade and encrypt the Polic epar nt's CAD California Law Enforcement
Telecommunication System ( jT �_: interface to accommodate the data
encryption between the Orange C' "i' y Sheriffs Department and the Police
Department; and b) authorize the Chief lice to execute a Professional Services
Agreement with Northrop Grumman, as` roved by the Office of the City
Attorney.
9. PHASE II ENHANCE OVER SYSTEM UPGRADES (C-
4042) - COMPLETION . D AC [381100 -20091 a) Accept the
completed contract work; b uthor' e the City erk to file a Notice of Completion;
c) authorize the City Clerk re se the Labor and Materials Bond 35 days after
the Notice ompletion ha n recorded in accordance with applicable portions
of the de; and d) r ' se the Faithful Performance Bond one year after
Coun accep, nee.
11. M URE M GROWTH NAGEMENT PROGRAM ELIGIBILITY
REQ E I , a) Adopt the Seven -Year Measure M Capital
Improve . t Program; an ) direct staff to submit the adopted Seven -Year
ure 'tal Improvement Program, Maintenance of Effort Certification,
an ' v „ Management Plan Certification to the Orange County
Trans tation ority to satisfy the eligibility provisions for Measure M and
the Gro h Manag ` ent Program.
12. CORO DEL MAR STREET REHABILITATION PROJECT - PHASE 1
(C -3963 - COMPLETION AND ACCEPTANCE. [381100 -20091 a) Accept the
comple d contract work and authorize the City Clerk to file a Notice of
Compl ion; b) authorize the City Clerk to release the Labor and Materials Bond
5 d , s after the Notice of Completion has been recorded in accordance with
cable 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 an&C- 3651). [381100 -20091 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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City Council Minutes
June 9, 2009
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; d d) include $80,000
on the budget checklist to fund the FY 2009 -2010 .OM ' costs outlined in the
staff report.
14. AMENDMENT NO. 1 TO PROFESSIONAL SE DES AGREEMENT FOR
ENVIRONMENTAL CONSULTING SERVIC R _ D TO THE LOCAL
COASTAL PROGRAM (LCP) (C4050). /100 -200 uthorize the City
Manager to execute an amendment extendj# the term of a ssional Services
Agreement with the Chambers Group fo • nvi onmental consu for the Local
Coastal Program (LCP).
15. AMENDMENT NO. 1 TO PRO SIO SERVICES AGREEMENT FOR
GEOTECHNICAL CONSULTI VICES RELATED TO THE LOCAL
COASTAL PROGRAM (LCP) ( 0). 1381700 -20091 Authorize the City
Manager to execute an amendment ext iPg the term of a Professional Services
Agreement with the Leighton Consulting for geotechnical consulting for the
Local Coastal Program ).
D. MISCELLANEOUS. t
16. DECORATIVE BANN LAG CROXMMENT POLICY. [100 -20091
Approve City Council PT L -2 Flags Placed Within or Extending Over the
Public Right- f -Way Within ess Improvement Districts.
17. BOAR D COM SION SCHEDULED VACANCIES -
CO RMA ION OF NOMI ES. [100 -20091 Confirm the nominations made
by Ad H Appointments Co ittee, as listed in the staff report.
In response to Cou em er uestion, Assistant City Manager Wood stated
that the geogr , Busin Improvement Districts (BIDs) did not request additional matching
funds. S bac and for the program and noted that the original report only
provid stimates. state t the handout provided tonight is more accurate, the amounts
can 1 change, and t evised 'bits have been distributed. She also noted a revision to the
C na del Mar BID re s tioa beta se the section about the annual report was omitted. Council
er Webb emphasiz that the vote on the BIDs does not indicate that Council is approving
any 'tional funding r nest.
Motion ayor Pro 'kern Curry, seconded by Council Member. Rosansky to approve the
Consent Cal r, exct for the items removed (3 and 10).
The motion Carrie 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 REMOVED FROM THE CONSENT CALENDAR
3. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE
DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD, BACK BAY
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City Council Minutes
June 9, 2009
DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER STREETS FOR
THE JULY 4TH HOLIDAY. [100 -2009]
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 aD4 more convenient for
them.
Motion_by Councl_Memb.gr.Rosansky seconded by_Ma _r_P_.ro.Tem_Curry to adopt
Resolution No. 2009 -29, authorizing the Police Departmen ` .temporarily close, or divert
traffic from, portions of Seashore Drive, the "100" blo ree" d alleys between 32nd
Street and 54th Street, Balboa Boulevard, Back Say Dl�e and ort Boulevard during
the Fourth of July Holiday, to install temporaryoundaries on Se re Drive, and to
close certain parking lots.
The motion carried by the following roll call ve:
Ayes: Council Member Henn, Council Myer
Selich, Council Member Webb, Counc ml
10. ON -CALL GEOTECHNICAL SERVICES -
SERVICES AGREEMENT WITH GMU
HARRINGTON GEOTECHN . -4225 and
In response to Dolores Otting's
contractor on this project does no 1
the. City.
Motion
Mayo o Tem Curry
Professional Se ces greement w
services, an uthor a the Mayor
Approve endme No. 2 to
authorize the
isky, Mayor Pro Tem Curry, Mayor
Gardner, Council Member Daigle
AL OF PROFESSIONAL
XHNICAL, INC. AND
[381100 -2009]
Badum stated that the
unless it is approved by
conded by Qqunc l Member Webb to approve a
GMU Geotechnical, Inc. for on -call geotechnical
I City Clerk to execute the agreement; and b)
sional Services Agreement with Harrington
aterial and compliance testing services, and
:ecute the agreement.
Th rried e following roll call vote:
Ayes: Co un embei n, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, until Me' er Webb, Council Member Gardner
Absent: Council ember Daigle
XIV. EPORTS FR ,: CITY.COUNCIL, ON COMMITTEE ACTIVITIES
Council her Gar er reported that the Coastal/Bay Water Quality Committee discussed
marine prot ar , and requested that this issue be discussed at a Study Session. Council
Member Daigle ' that the marine reserve information will allow the City the opportunity to
cooperate with th tate 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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June 9, 2009
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 t \the is required
pursuant to Article 13B of the California Constitution. a discussed
the background of the requirement and noted that i cles below the
maximum allowed spending.
Mayor Selich opened the public hearing. He ng no testthe public
hearing. ff
Motion-by Council Member _Webb,. n
by _Court- il..M._ember Rosansky to
adopt Resolution No. 2009 -34 approving t ity's Appropriation (Gann) Limit for the
2009 -10 fiscal year in the amount of $143,264,2 r.
The motion carried by the follow' g roll call vote: ;
Ayes: Council Member Henn, C n r Rosansky, ayor Pro Tem Curry, Mayor
Selich, Council Member We , Counci ardner, Council Member Daigle
19. FISCAL YEAR 2009 -10 PROPOS D BU ET HEARING. [100 -20091
Administrative Se s Director Da r reported that the budget was reviewed during
three Study Ses ns d the budget ecklist will be brought back to Council for approval
on June 23.
Mayor Selmwened public hearingY
Regarding the urant Associati'on's request, Jim Walker discussed the need for a
$2 et i se for marketing Restaurant Week and explained that the
g urants diffic mes due to a 21% loss in revenues. He expressed concern about
competing wit e Rest nt Association of Orange County and their ability to acquire
sponsors. He in ated tha every restaurant participating in Restaurant Week pays $250
and that the rte Restaurant Week will be held during a weekend. He noted that the
association's ass , sment fees will most likely be increased in 2010 -2011.
Memb# Rosansky expressed support for the BIDS and stated that it is
ate t t the increase in assessment fees cannot be achieved this year.
In respon8g 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 $50,000 carry -over is not only used for
Restaurant Week. City Manager Bludau stated that the assessments are billed with the
business licenses which are staggered throughout the year. Council Member Gardner
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June 9, 2009
stated that increasing the assessment fees will help the City.
In response to questions, Mr. Walker stated that the Restaurant Association Board will
vote on the assessment fees increase first and then the matter will go before the
association members.
Hearing no further testimony, Mayor Selich closed the public
Mayor Pro Tem Curry expressed support for the restaurants a . requested a report that
will include information about what the City can do to incre the assessment fees this
fiscal year.
XVI. PUBLIC CQMMENTS
Dolores Otting indicated that water usage is an issue in Ae City and reque. that the water
hotline number be provided to residents. She asked t Council add to the osed water
ordinance a prohibition from watering City plants dur the ekend.
XVII. PLANNING cOo-- MI$SION_AGENDAAND O ST US REPORT
20. PLANNING COMMISSION AGENDA FO NE 4,2009.[100-20091
Planning Director Lepo reported on the following it : Aerie project (PA2005 -096) - 201-
207 Carnation Avenue and 101 ide Place; Prelimi Fiscal Year 20W -2010 Capital
Improvement Program; Genera Use Elemen .; igure (map) corrections; and
Panini Cafe (PA2007 -063) - 1501 th Stree .
XV1II. CONTINUED BUSINESS
21. REVISIONS TO C Y S WATER ERVATION ORDINANCE. [100 -20091
City Manager dau equested that a item be removed and discussed at the June 23
Study Sesaio
Motion bv_ or econded. bIL Council_Member Rosanskv to
discuss the ite a June ession-
XIX. CURRE
22. ANNUAL RI
ECONOMIC I
TE OF STRATEGIC PLAN FOR FISCAL AND
AVaspr y nager Wood reported that the Strategic Plan consists of action steps
at a Economic Development Committee (EDC) is recommending some
u ' g the timeline, and adding new action steps. She stated that the report
i dsheet which shows staff resources and noted that the consultant fees will
i0, which will need to be added to budget checklist. Io 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.
htion by Council Member Henn, _ econded bv_Council. Member Rosanskv 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 Tern Curry, Mayor
Selich, Council Member Gardner, Council Member Daigle
Absent: Council Member Webb
23. PROPOSED ASSESSMENT DISTRICT NO. 103 - AKEAERALLY BOUNDED
BY G STREET, EAST BALBOA BOULEVARD, CH ROAD, AND OCEAN
BOULEVARD. [381891100 -2009)
Senior Civil Engineer Lee reported that the AssE
discussed the allocation fees, assessment range,
public information meeting is scheduled for Jun
28, and construction could start in September
In response to Council Member Henn's
the item is not approved tonight, the ba o
project and push the fees onto next year's
built -in and if fees are lower than the ant.
and an amended report will bethat there should be no constru act scheduled to be completed by Mria
Council Member Henn noted tha�then
to have a clearer view of the Bay as art
the engineers concluded that the be e
noted that thereA estion if the r
Assessment
ballots go of
that the cl
outside of tl
indicated f
:to address
ining if
t Uounc
Le to a
District wa Nsc n 2005 and
construction coted that a
3 ublic heariled for July
-essment Engineer Cox stated that if
be mailed out, which will delay the
She added that a 6% contingency is
ount' the tax liens will be lowered
Senior Civil Engineer Lee stated
3e " ad reported that the project is
a seven''#Werties that were charged $7,000
previous Assessment District. He stated that
they already received is a separate benefit and
eowners would receive a credit towards future
the alternative is to approve this and let the
issue. He noted that the situation is unique and
is an equitable outcome based on representation
Coin ber suggested that the item be continued for two weeks.
response pity Ma er Bludau's question, Assessment Engineer Cox believed the
confusion is wr the ter "credit" which is considered a discount in anticipation that
undergrounding ould happen at some point of time. She stated that if Council decides to
allow a reducti to the seven properties, she advised against increasing the other
property owner' ssessments to make up the funds.
ponse to�ouncil Member Henn's question, Public Works Director Badum believed
that properties assessed in Assessment District No. 64 have already received a credit.
He a at time is needed to get a clearer understanding of what the homeowners
believe orvere 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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City Council Minutes
June 9, 2009
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 ¢ ing the assessment
because they do not own property within the district.
Motion by Council „Member_G_n ;dner�seeonded by Co cil Membgr,We-.bb to a)
adopt the following Resolutions for proposed As meat i t No. 103: 1) Resolution
No. 2009 -35 adopting a map showing the propos be ies of, and making
appointments for, proposed Assessment District N 103; 2) "" lution No. 2009 -36
declaring intention to order the conversion of ce 'am existing ove d electrical and
communication facilities to underground locatio li proposed Assess , t District No.
103, describing the district to be assessed pay e costs and expe "_ thereof by
reference to approved boundary map, provior a issuance of bonds, d declaring
intention to take several related steps fart rance of implementing the proposed
underground district; and 3) Resolution 9 -37 giving preliminary approval to the
report of the Assessment Engineer for Asse t District No. 103 and an underground
utilities district, setting a time and place for a is hearing thereon, and directing the
mailing of notices of hearing and assessment ballo the affected property owners; and
b) approve the Professional S Agreement wi eyer, Nave, Riback, Silver &
Wilson to provide bond counsel a not to excee ice of $25,000, and authorize
the Mayor and City Clerk to exec e the a
24. TRANSFER OF DEVELOPMIT RI TS IN ORTH NEWPORT CENTER
PLANNED COMMUNITY (PA200 -07 . [100 -20091
Associate Plann illo provided a staff report, but noted that the staff report and
draft resoluti had n error regar g the square footage in Block 400; however, the
traffic anal analy d the correct sq a footage_
Motion,b nc seconded_by_CQuncil_Member_Webb to
adopt Resolute o. 2009 -38, a p oving a transfer of development rights in North
New ter ed Community, as follows: 1) 241,711 square feet of general office
an in Pla o Block 600; and 2) 84,911 square feet of general office from Block
00 to Block
The jANC by the following roll call vote:
Ayes: ber Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
cil Member Webb, Council Member Gardner, Council Member Daigle
25. OR ENDING THE SUBDIVISION ORDINANCE, TIT LE 19 OF THE
MUNDE, RELATIVE TO LOT LINE ADJUSTMENTS. [100 -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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City Council Minutes
June 9, 2009
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, Counciember Daigle
Noes: Council Member Henn, Council Member Rosansky, M Yo
Pro Tem Curry, Mayor
Selich
Motion. by ,Mayor Selchyseconded. by Cou. t._Memx Henn to introduce
Ordinance No. 2009 -12 amending Title 19 of the N -port Beach ipal Code relating
to applicability and procedures for lot line adju�nents, and pass to nd reading for
adoption on June 23, 2009.
The motion carried by the following roll cal ote V
Ayes: Council Member Henn, Council sansky, Mayor Pro Tem Curry, Mayor
Selich
Noes: Council Member Webb, Council Member er, Council Member Daigle
XX. 1VLOT[ON_FOR RECONSIDERATIO ne
XXI. ADJOURNMENT - 9:24 p.m
The agenda for the Regular Meeting s post on June , 2009, at 4:45 p.m, on the City
Hall Bulletin Board located outside f t City of Newport Beach Administration
Building. The supple t agenda f e Regular Meeting was posted on June 5,
2009, at 4:45 p.m on t y Hall Bulle Board located outside of the City of Newport
Beach Administrate Bui ine.
City Clerk
Recording Secretary
Mayor
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