HomeMy WebLinkAbout06/23/2009 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 23, 2009 — 7:00 p.nt
STUDY SESSION - 3:00 p.m.
H. CLOSED SESSION - 4:50 p.m
A. Conference with Legal Counsel - Existing Litigation ( Government Code § 54956.9
(all Four (4) matters:
1. Beek us. City of Newport Beach (CEQA), Orange County Superior Court Case
No. 30- 2008 -00071011
2. Beek us. City of Newport Beach (Election), Orange County Superior Court
Case No. 07CC12177; 4th District Court of Appeals Case No. G041074
S. Harvey vs. City of Newport Beach, Orange County Superior Court Case No.
07CCO5400
S4. Weeger Bros vs. City of Newport Beach, Orange County Superior Court Case
No. 30- 2009 - 00122898
B. Conference with Legal Counsel Anticipated Litigation - Initiation of Litigation
(Government Code § 54956.9: Two (2) matters:
1. Potential initiation of litigation against the State of California for unconstitutional
diversion of local share of gas tag revenues.
C. Public Employee Performance Evaluation (Government Code § 54957(b)(1))•
The Council will meet in closed session to consider the evaluation of performance of one
public employee, specifically.
1. Title: City Clerk
III. RECESS
IV. RECONVENED AT 7.00 PAL FOR REGULAR MFAM N
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 joining the League of California Cities
(LCC) in pursuing potential litigation against the'State of California for unconstitutional diversion
of local share of gas tax revenues.
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VII. PLEDGE. OF.ALLEGIANCE -Council Member Daigle
VIII. INVOCATION -Pastor Bradley Stienstra, Newport Harbor Lutheran Church
DC PRESENTATIONS
Newport Beach Sunrise Rotary Lobsterfest - Laura Dietz announced that the let Annual
Lobsterfest will be on Sunday, August 2, from 3:00 p.m. - 9:00 p.m. at the Newport Beach
Dunes. Tickets can be purchased by calling (949) 650 -5504 or by visiting their website at
www .lobsterfestatnewportbeach.com.
x NOTICE TO THE PUBLIC
XI. CITY COUNCIL A WHICH COUNCIL MEMBERS
WOULD LIKE PLACED _ ON A FUTURE AGENDA FOR DISCiiSSION, ACTION OR
REPORT (NON - DISCUSSION ITEM)
Council Member Daigle announced that she attended the Annual Blue 42 event sponsored by
Miocean.
In response to Council Member Gardner's question, City Attorney Hunt stated that the City is
responsive to public records act requests.
Council Member Henn announced that the third Biennial Hoag Cup Regatta was a success
and stated that the event has raised over $900,000 over the years for the Hoag Cardiovascular
Institute.
Mayor Pro Tem Curry announced that he attended the Convention and Visitors Bureau (CVB)
annual dinner.
Mayor Selich announced that he had made welcoming remarks at the California
Travel Industry Association Convention being held at the Newport Beach Marriott Hotel.
NIL CONSENT CALENDAR
A. READING OF MINUTES/ORDIN CES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR
MEETING OF JUNE 9, 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. ORDINANCE FOR INTRODUCTION
8. ORDINANCE TO PROVIDE THE PUBLIC WORKS DIRECTOR THE
AUTHORITY TO ADOPT NEW EDITIONS OF THE STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. 1100-20091 a)
Introduce Ordinance No. 2009 -13 to add Chapter 75 of Title 15 of the Newport
Beach Municipal Code to adopt the Standard Specifications for Public Works
Construction, and pass to second reading on July 14, 2009; and b) set a Public
Hearing on July 28, 2009, to add Chapter 75 of Title IS of the Newport Beach
Municipal Code and adopt the ordinance.
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C. RESOLUTION FOR ADOPTION
4. SALES TAX RECORDS. 1100 -20091 a) Adopt Resolution No. 2009 -39
authorizing the City Attorney to enter into the contract governing access to
confidential taxpayer data related to certain claims of the City of Newport Beach
under the Bradley -Burns Local Sales and use Tax Law; and b) adopt Resolution
No. 2009 -40 authorizing Holland & knight access to confidential taxpayer records.
D. CONTRACTS AND AGREEMENTS
6. POLICE DEPARTMENT GENERATOR REPLACEMENT (C -4056) -
AWARD OF CONTRACT. [381100 -20091 a) Approve the project plans and
specifications; b) award the contract (C -4056) to Gammill Electric, Inc. for the total
bid price of $245,958, and authorize the Mayor and the City Clerk to execute the
contract; c) establish an amount of $36,800 (15% of total bid) to cover the cost of
unforeseen work.
6. 38TH STREET TIDAL STRUCTUREITIDE VALVE (C -3954) -
COMPLETION AND ACCEPTANCE. 1381100 -20091 a) Accept the completed
contract with 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.
7. OCEAN PIER REPAIRS (C -3973) - COMPLETION AND
ACCEPTANCE. [881100 -20091 a) Accept the completed contract with 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.
8. BALBOA VILLAGE ALLEY REPLACEMENT (C -8944) - COMPLETION
AND ACCEPTANCE. 1381100 -20091 a) Accept the completed contract with 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.
9. TRAFFIC SIGNAL MODERNIZATION PROJECT - APPROVAL OF
AMENDMENT NO. 1 TO THE PURCHASE CONTRACT WITH ECONOLITE
CONTROL PRODUCTS, INC. (C- 3456). [381100 -20091 Approve Amendment
No. 1 to the Phase 1 Purchase Contract with Econolite Control Products, Inc. of
Anaheim, California, for purchase and installation of advanced traffic signal
management equipment for Phase 2 and 3 of the Traffic Signal Modernization
Project, at a not to exceed price of $307,337.70, and authorize the Mayor and City
Clerk to execute the Agreement.
11. IRVINE TERRACE LANDSCAPE IMPROVEMENTS - PERMISSION TO
INCREASE CONTINGENCY AMOUNT TO ACCOMMODATE
UNFORESEEN EXTRA WORK (C-3866).1881100-20091 Authorize a total not-
to -exceed contingency amount of $37,018 (42°x6 of the total bid amount).
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12. LEGAL ADVERTISING BID FOR FISCAL YEAR 2009-2010.1321100-20091
Accept the bid of The Daily Pilot and authorize a purchase order for the one -year
period of fiscal year 2009 -2010.
E. MISCELLANEOUS
13. APPOINTMENT OF JAY MYERS TO THE ENVIRONMENTAL QUALITY
AFFAIRS COMMITTEE (EQAC). (100 -2009] Approve EQAC's recommendation
to appoint Jay Myers to a community association position on the Committee.
S26. AUTHORIZATION TO PURCHASE INTEROPERABLE PORTABLE
RADIOS (C- 4820). (381100 -2009) a) Authorize the Chief of Police to execute an
Agreement for the purchase of 700 MHZ portable radios to establish countywide
emergency communication system using public safety interoperable
communications grant funding through the Public Safety Interoperable
Communications (PSIC) grant administrator, the City of Santa Ana; and b)
approve a budget amendment (09BA -060) that makes the following changes to the
Police and Fire Department budgets: 1) increase revenue estimates in 1820 -4919,
Police PSIC grant account, by $137,161.88; 2) increase expenditure appropriations
in 1820 -9300, Police Support Services equipment account, by $137,161.88, for the
grant- funded purchases; 3) increase expenditure appropriations in 1250 -9300,
Narcotics Asset Forfeiture Fund (NAFF) equipment account, by $51,512.30, from
unappropriated NAFF fund balance for the City's matching purchases; 4) increase
revenue estimates in 2320 -4919, Fire Public Safety Interoperable Communications
(PSIC) grant account, by $78,278.40; and 5) increase expenditure appropriations in
2320 -9300, Fire Operations equipment account, by $78,278.40.
Council Member Daigle expressed appreciation to the Environmental Quality Affairs Committee
(EQAC) for nominating Jay Myers. She recommended that Council discuss the use ofcontingencies
since they tie up budget dollars and referred to Item 6 (Police Department Generator
Replacement).
City Manager Bludau stated that Item 3 (Ordinance to Provide the Public Works Director the
Authority to Adopt New Editions of the Standard Specifications for Public Works Construction)
needed the dates corrected to reflect that the public hearing and second reading of
the ordinance will be on July 14.
It was moved by Mayor Pro Tem. Curry, seconded by Council Member Rosansky, to
approve the Consent Calendar, except for the item removed (10); and amend item (3) to reflect
that the second reading of the ordinance and public hearing will be on July 14.
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 REMOVED FROM THE CONSENT CALENDAR
10. AUTHORIZATION TO CONTINUE A CONTRACT WITH VAN SCOYOC
ASSOCIATES REGARDING ADVOCACY FOR DREDGING PROJECTS: UPPER
AND LOWER NEWPORTBAY AND THE SANTA ANA RIVER MARSH/NEWPORT
SLOUGH (C-4082).[881100-20091
In response to Council Member Gardner 's question, Assistant City Manager Kiff explained
that past contracts with the firm were successful and believed that their connection and
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contacts with the U.S. Army Corps of Engineers office in Washington D.C. is beneficial.
Council Member Daigle added that they personally delivered the legislation to Senator
Feinstein's Office and met with key staff. She believed that the firm has the
necessary background and noted that they worked proficiently with staff.
It was moved bCouncil.Member Gardner,seconded _ by Council Member Webb,
to a) authorize the City Manager to enter into Amendment No. 1 to the Professional
Services Agreement with Van Scoyoc Associates for up to $60,000 to advocate for dredging
the Lower Bay and for funding the Upper Bay Ecosystem Restoration Project; and b)
approve a budget amendment (09BA -059) appropriating $60,000 from Tidelands
unappropriated fund balance, 230 -3605, to Harbor Resources' Professional and Technical
Services account, 2371 -8080.
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
XIV. ORAL REPORTS FROM CITY, COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that the Aviation Committee heard presentations on recent
Federal litigation. She also reported that she participated in a regional planning panel at the
University of Southern California (USC) that is working to try to move passengers inland
and indicated that they are in support of the rail systems that are being planned.
Council Member Henn reported that the Economic Development Committee (EDC) heard
a presentation by Coastline Community College and noted that they are currently planning to
build a 60,000 square foot learning center. He indicated that the EDC adopted a resolution in
support of the additional funding for the Restaurant Association. He also reported that the most
recent reasonable accommodation hearing for Kramer Center is no longer necessary because their
application has been withdrawn and that this location is now subject to abatement. The
reasonable accommodation and use permit hearing for Newport Recovery is scheduled for July 7 at
3:00 p.m. and they filed a Federal lawsuit against the City for violation of Fair Housing Laws.
XV. PUBLIC HEARINGS
Without objection, Mayor Selich requested that items 14, 15 and 16 be considered at the same
time.
14. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF
THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2009 -2010. [100-
20091
15. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF
THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2009 -2010. [100-
20091
16. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
PUBLIC HEARING AND RESOLUTION FOR RENEWAL OF THE BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2009 -2010. [100-20091
Economic Development Coordinator Bowden reported that no protests have been received.
Mayor Selich opened the public hearings, Hearing no testimony, Mayor Selich closed the
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public hearings.
It was moved by Council Member. Gardner,.secondeA by_ Qou.ncil Member Webb,
to a) adopt Resolution No. 2009 -41 for the renewal of the Balboa Village Business
Improvement District (BID) confirming the levy of the BID assessment for the 2009 -2010
fiscal year, b) Resolution No. 2009.42 for the renewal of the Marine Avenue Business
Improvement District (BID) confirming the levy of the BID assessment for the 2009 -2010
fiscal year, and c) adopt Resolution No. 2009 -43 for the renewal of the Corona del Mar
Business Improvement District (BID) confirming the levy of the BID assessment for the
2009 -2010 fiscal year.
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
17. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID)
RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR
RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR
2009 -2010. 1100 -20091
Economic Development Administrator De Santis reported that staff received one
anonymous objection. She indicated that the Restaurant Association Board met and voted
to pursue a course of action to raise the levy.
In response to Council Member Gardner's question, City Manager Bludau stated that he
did receive an email from Andrew Crean (Villa Nova Restaurant) which was not forwarded
to staff.
Mayor Selich opened the public hearing.
Jim Walker reported that the Restaurant Association Board formally approved pursuing
an increase in the assessments. He believed that the anonymous letter was sent by a
restaurant owner who felt that the Restaurant Association should have taken a stronger
stand to oppose the styrofoam ban. He stated that they are asking for an additional
$25,000 to use for advertising/marketing and noted that restaurant businesses bring
support to the community through donations and hiring within the community.
Council Member Gardner expressed support for the Restaurant Association and
asked them to address the issues raised in the email.
Sherry Drewery, President of the Restaurant Association, thanked Council for their
support.
Scott Perry, Tommy Bahama's Grill, thanked Council for their support and stated that in
the past, Restaurant Week increased their sales and revenue.
Chris St. James, Five Crowns Restaurant, expressed support for Restaurant Week and
thanked Council for their support and consideration.
John Lee, Fuji Yama/FUji Grill, expressed support for the Restaurant Association.
After hearing no further testimony, Mayor Selich closed the public hearing.
Assistant City Manager Wood noted that the protest received was from the Villa Nova
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Restaurant which does not represent 50% of the total assessments
Council Member Daigle stated that she would like a report that include detail on the hours
used to perform the various tasks during the marketing aspect of Restaurant Week.
It was moved by Council Member Rosanskyy, seconded by Mayor Pro Tem Curry,
to adopt Resolution No. 2009 -44 for the renewal of the Restaurant Association Business
Improvement District (BID) coifirming the levy of the BID assessment for the 2009 -2010
fiscal year.
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
XVI. PUBLIC COMMENTS - None
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
18. PLANNING COMMISSION AGENDA FOR JUNE 18,2009.1100-20091
XVIII.
Planning Director Lepo reported on the following item: Chronic Tacos (PA2009 -050) - 4525
West Coast Highway.
19. FISCAL YEAR 2009-10 BUDGET ADOPTION. 1100-20091
Mayor Selich offered to remove the Back Bay View Enhancement from
the budget checklist to help meet budget goals; however, noted that he will bring it back to
Council in the future if funds become available.
Council Member Daigle noted that she is opposed to moving a Park Patrol position from
a public safety department responsibility.
It was moved by Council Member Webb seconded by Council Member Henn to
adopt Resolution No. 2009 -45 adopting the City's Fiscal Year 2009 -10 Budget, as amended
by the approved Budget Checklist.
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
20. APPOINTMENTS TO BOARDS AND COMMISSIONS. 1100-20091
Council stated that the applicants were of high caliber with tremendous talent and
encouraged residents to continue to apply.
Council Member Rosansky abstained from voting for Art Commissioners since Robyn
Grant is his sister.
City Clerk Brown read the ballot votes for the Board of Library Trustees as follows:
Stephanie Murguia (Henn, Rosansky, Webb, Daigle, Gardner, Mayor Pro Tem Curry,
Mayor Selich)
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City Clerk Brown announced that Stephanie Murguia is reapointed to the Board of
Library Trustees for a four -year term.
City Clerk Brown read the ballot votes for the Arts Commission as follows:
Carole Boller (Henn, Webb, Daigle, Mayor Pro Tem Curry, Mayor Selich)
Robyn Grant (Henry, Webb, Daigle, Gardner, Mayor Pro Tem Curry, Mayor Selich)
Christopher Trela (Henn, Webb, Gardner, Mayor Pro Tem Curry, Mayor Selich)
Michael Magrutscbe (Daigle, Gardner)
City Clerk Brown announced that Robyn Grant is reappointed and Carole Boller and
Christopher Trela are appointed to the Arts Commission for a four -year term.
City Clerk Brown read the ballot votes for the Civil Service Board as follows:
Maiqual Talbott (Henn, Rosansky, Webb, Mayor Pro Tem Curry, Mayor Selich)
Barry Baldwin (Gardner, Daigle)
City Clerk Brown announced that Maiqual Talbott is appointed to the Civil Service
Board for a four -year term.
City Clerk Brown read the ballot votes for the Harbor Commission as follows:
Chandler Bell (Henn, Rosansky)
Richard Reyna (Mayor Pro Tem Curry)
Ralph Rodheim (Hen], Rosansky, Webb, Gardner, Daigle, Mayor Pro Tem Curry, Mayor
Selich)
Vincent Valdes (Webb, Gardner, Daigle, Mayor Selich)
City Clerk Brown announced that Ralph Rodheim is reappointed and Vincent Valdes is
appointed to the Harbor Commission for a four -year term.
City 'Clerk Brown read the ballot votes for the Park, Beaches, and Recreation as
follows:
Phillip Lugar (Henn, Webb, Gardner, Daigle, Mayor Pro Tem Curry, Mayor Selich)
Marie Marston (Henn, Rosansky, Webb, Gardner, Daigle, Mayor Pm Tem Curry, Mayor
Selich)
Jack Tingley ( Rosansky)
City Clerk Brown announced that Phillip Lugar and Marie Marston are reappointed to
the Parks, Beaches, and Recreation Commission for a four -year term.
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City Clerk Brown read the ballot votes for the Planning Commission as follows:
Bradley Hillgren (Henn,-Rosansky, Webb, Daigle, Mayor Pro Tem Curry, Mayor Selich)
Timothy Stoaks (Gardner)
Michael Toerge (Henn, Rosansky, Webb, Gardner, Daigle, Mayor Pro Tem Curry, Mayor
Selich)
City Clerk Brown announced that Bradley Hillgren and Michael Toerge are
reappointed to the Planning Commission for a four -year term.
21. DISPOSITION OF SURPLUS ASSESSMENT DISTRICT IMPROVEMENT FUNDS
FOR ASSESSMENT DISTRICT NOS. 71 ( BALBOA BOULEVARD), 78 (LITTLE
BALBOA ISLAND), AND 82 (CORONA DEL MAR). [891100 -2009]
Finance Officer Matusiewicz stated that Council needs to take action to determine the
disposition of surplus improvement funds prior to distribution. He noted that there are
three undergrounding districts that are complete and staff is recommending charging the
interest on funds advanced by the City, declaring the balance as a surplus, and
receiving direction from Council as to the distribution of improvement fund balances in
those districts.
In response to Council questions, Finance Officer Matusiewicz stated that on Little Balboa
Island, approximately $1,700 will be paid back in whole for residents who paid upfront,
and residents who are currently paying will receive an overall deduction in their
payments. He stated that the Act calls for the refund to go to the current owner and noted
that this is the same process that has been done prior.
It was moved by Council Member Webb. seconded by Council Member Henn, to
adopt Resolution Nos. 2009 -46, 2009 -47, and 2009 -48, which authorize the City to charge
the Assessment Districts interest for funds advanced to it, declares the remaining balance
as surplus, and provides staff specific direction as to the distribution of improvement fund
balances in Assessment District Nos. 71 (Balboa Boulevard), 78 (Little Balboa Island), and
82 (Corona del Mar).
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
XDL CURRENT BUSINESS
22. CONSIDERATION OF ADOPTION OF POLICY AND PROCEDURES FOR CITY
DISTRIBUTION OF TICKETS OR PASSES THROUGH THE CITY. (100 -2009]
City Attorney Hunt discussed the new regulations adopted by the Fair Political Practices
Commission (FPPC) relating to passes and tickets that are given to the City and
distributed to public officials. He proposed a policy that identifies public purposes for the
use and provides procedures for their distribution. He noted corrections to the proposed
policy: Section H.D.2 should reference Section IIA and add to Section II.B.4.e, .... "or
distributed to a 501(c)(3) non -profit, charitable organization that does business within the
City."
It was moved by Mayor Pro Tem Curry, seconded by Council Member Webb to
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approve the new Administrative Services Policy F -27, "Policy and Procedures for
Distribution of Tickets/Passes," as amended.
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, Council Member Daigle
23. AMENDMENT OF CAMPAIGN CONTRIBUTION ORDINANCE, AS REVISED, TO
INCREASE THE LIMIT ON INDIVIDUAL CAMPAIGN CONTRIBUTIONS TO
$1,000, AND PROVIDE FOR ADJUSTMENT OF CONTRIBUTION LIMITS BASED
ON THE CONSUMER PRICE INDEX, [100 -2009)
City Attorney Hunt stated that Council could amend the ordinance to raise the campaign
contribution limit to $1,000 and suggested that the City Clerk be permitted to apply a cost
of living adjustment. He stated that the action is consistent with standard practices
throughout the State.
Lucille Kuehn expressed concern that increasing the amount of campaign
contributions would cause undue pressure on candidates. She urged Council to keep it at
the lower amount.
Novell Hendrickson expressed concern that increasing the limit on contributions does
not allow a level playing field and believed that it will hinder some people from
participating because of the amount of money to be raised. She asked if the amount for
contributions is per calendar year or election cycle. She showed the mailers that she
received from the previous election and believed that most of the them are thrown away.
City Attorney Hunt clarified that the contributions are per election cycle.
Mayor Pro Tem. Curry stated that increasing the contribution encourages people to raise
money from a broad group of contributors instead of using self- funding or anonymous
independent sources. He stated that postage rates have increased and recommended that
the item be approved with the cost of living increase by the City Clerk.
Council Member Henn expressed support for the increase to the campaign contribution
limit and stated that contributors are not required to provide the maximum limit amount.
He stated that the City has also grown'in size due to annexations and believed that this is
another reason for raising the amount to $1,000 to adjust for changed conditions. He
suggested that the contribution limit calculation by the City Clerk be reviewed by the
Administrative Services Director for accuracy, rounded to the nearest $100, and posted on
the City's website.
Council Member Gardner believed that candidates should broaden the number of
contributors instead of increasing the limit and noted that she would like the
contributions to remain the same.
In response to Council Member Gardner's questions, City Attorney Hunt stated that
discussion about appointed terms will be brought to Council at a July meeting.
It was moved by Mpyor Pro Tom Curry seconded by Council Member Henn, to
introduce amended Ordinance No. 2009 -14, amending Chapter 1.25 of the Newport Beach
Municipal Code, and pass to second reading on July 14, 2009.
The motion carried by the following roll call vote:
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Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Daigle
Noes: Council Member Webb, Council Member Gardner
24. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE
CITY COUNCIL'S 2009 PRIORITIES. 1100 -20091
Public Works Director Badum provided a report on the Traffic Management Plan. In
response to Council Member Gardner's. question, he stated that at this time, traffic
management is not staffed during the weekend unless an event is scheduled.
Assistant City Manager Kiff provided a report on the schematic phase of the Newport
Beach Civic Center and stated that the project is on schedule, 50% of the schematic plans
are done, the Draft Environmental Impact Report (EIR) is anticipated to be distributed by
September 1, and approval of the schematic design phase and adoption of the EIR is
scheduled to occur on November 24. Mayor Selich indicated that the project should be
broken down to components to present a clearer view of how much is being expended for
City Hall.
City Attorney Hunt announced that the California Court of Appeal 4th District Court
agreed that the City conducted the election on Measure B correctly and stopped Mr. Beek's
appeal of the decision.
Public Works Director Badum provided a report on public parks and recreation facilities,
including the objectives, target dates, and actions. City Manager Bludau stated that
using synthetic turf will help with reducing water used. Recreation and Senior Services
Director Detweiler stated that the Open House for the Corona del Mar Youth Center will
be on September 14 and thanked the Public Works Department for their help.
Assistant City Manager Wood provided a report regarding the land use for the Banning
Ranch property and stated that the consultant is nearly complete on researching the
feasibility of funding. The Banning Ranch Appraisal and Acquisition Ad Hoc Committee
will review the draft report and bring it to Council by August.
In response to Council Member Daigle's question, Assistant City Manager Wood noted
the options in the General Plan and believed that the City should support the plan
that preserves most of the land as Open Space.
In response to Council Member Daigle's question, Assistant City Manager Kiff stated that
there is no record of the City supporting SB219 and has directed the City's lobbyist to
make sure that the author of the Bill knows that Newport Beach did not support it. He
stated that the only way the City takes positions on legislation is if it is consistent with the
adopted legislative platform. He noted that it would have to be brought to Council if it is
contrary to that.
Regarding water quality improvement projects, Assistant City Manager Kiff reported that
the priority will combine the Water Conservation and the Water Quality Master Plan.
It will go to Coastal/Bay Water Quality Committee first and then brought to Council.
Assistant City Manager Kiff reported.that the remaining funds for dredging the Lower
Bay were provided by the Federal stimulus package. He stated that staff is working on
disposal options. He also stated that, in terms of long term funding, $3.8 million has been
set aside from the American Trader Oil Spill to be used for future dredging
projects. Council Member Gardner stated that the Coastal/Bay Water Quality Committee
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is discussing implementing a maintenance program for dredging.
25. ORDINANCE NO. 2009 -12 AMENDING THE SUBDIVISION ORDINANCE, TITLE
19 OF THE MUNICIPAL CODE, RELATIVE TO LOT LINE ADJUSTMENTS. (100-
20091
Mayor Selich recommended removing this item to allow for more discussion and refer it to
a Study Session meeting.
It was moved by Council Member Webb, seconded by _Council Member Henn, to
remove the item and refer it to a Study Session meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pm Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT -Adjourned at 8:48 p.m. in memory of Chloe Blom
The agenda for the Regular Meeting was posted on June 19, 2009, at 2:00 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 17,
2009, at 3:20 p.m on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
,4 .
City Clerk
Mayor
Volume 59 - Page 205