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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 Volume 59 - Page 180 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 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 Volume 59 - Page 181 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 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) Volume 59 - Page 182 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 -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; Volume 59 - Page 183 City of Newport Beach 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; 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 Volume 59 - Page 184 City of Newport Beach City Council Minutes June 9, 2009 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 Volume 59 - Page 185 City of Newport Beach City Council Minutes 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 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 $50,000 carry -over is not only used for Restaurant Week. City Manager Bludau stated that the assessments are billed with the business licenses which are staggered throughout the year. Council Member Gardner Volume 59 - Page 186 City of Newport Beach City Council Minutes June 9, 2009 stated that increasing the assessment fees will help the City. In response to questions, Mr. Walker stated that the Restaurant Association Board will vote on the assessment fees increase first and then the matter will go before the association members. Hearing no further testimony, Mayor Selich closed the public hearing. Mayor Pro Tern Curry expressed support for the restaurants and requested a report that will include information about what the City can do to increase the assessment fees this fiscal year. XVI. PUBLIC COMMENTS Dolores Otting indicated that water usage is an issue in the City and requested that the water hotline number be provided to residents. She asked that Council add to the proposed water ordinance a prohibition from watering City plants during the weekend. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS.$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- Volume 59 - Page 187 City of Newport Beach City Council Minutes June 9, 2009 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. Volume 69 - Page 188 City of Newport Beach 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 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 Volume 59 - Page 189 City of Newport Beach 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, 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. Volume 59 - Page 190