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HomeMy WebLinkAbout01 - Minutes - 6-2-10 & 6-8-10Agenda Item No. 1 June 22, 2010 CITY OF NEWPORT BEACH City Council Minutes Special Meeting June 2, 2010 — 3:00 p.m. I. ROLL CALL Present: Council Member Selich, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Excused: Council Member Rosansky H. CLOSED SESSION A. Public Employment Performance Evaluation (Government Code § 54957(B�(1)): The City Council will meet in closed session to consider the evaluation of performance of the following public employee. Title: City Attorney III. CLOSED SESSION REPORT Mayor Curry read a statement, reporting that the Office of the District Attorney conducted an evaluation of all the facts in the matter and determined that no charges will be filed against Mr. Hunt. He reported that, in light of the ,evidence, the City Council unanimously believes it is appropriate for Mr. Hunt to return to his position as City Attorney immediately. On behalf of the entire City Council, Mayor Curry thanked Assistant City Attorney Mulvihill and the staff of the City Attorney's Office for their support during City Attorney Hunt's absence. IV. ADJOURNMENT - 3:07 p.m. The agenda for the Special Meeting was posted on June 1, 2010, at 11:30 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 59 - Page 492 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session June S, 2010 — 3:30 n.m. I. ROLL CALL Present: Council Member Selich, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Excused: Council Member Rosansky, Mayor Pro Tom Henn II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item 25 (Office of the City Attorney - Budget and Trend Analysis), Council Member Daigle requested an approximate date that the workflow analysis report will be presented. City Manager Kiff stated that he is currently working with the Office of the City Attorney to have it presented to Council on June 22, 2010 and clarified that it will include the contract review process. 2. AUTOMATED WATER METER READING PRESENTATION. [100 -20101 Utilities Director Murdoch provided information on how the current water meters are read, the reorganization of the Utilities Department, consolidation of services that his staff is providing, the Request for Proposal (RFP) process, outdated equipment that the City utilizes, and the cost effectiveness of outsourcing services. Council Member Rosansky joined the meeting at 3:38 p.m. In response to Council questions, Utilities Director Murdoch stated that there were four vendors participating' in the RFP process, but Alexander's Inc. was the only company to respond He noted that Alexander's Inc. is reading meters for 15 agencies in Orange County, discussed the new Customer Service Division developed in his department, stated that the only reduction of staff was a result of ERIP, clarified that water meters are read every two months, noted that Alexander's Inc. uses wireless handhelds that report back to the City, and reported that there will be future implementation of a water meter replacement program. City Manager Kiff explained that during the ERIP process, staff reported that meter reader services would be contracted out. James Beck, Alexander's Inc., showed a PowerPoint presentation that included the history of the company, their approach, reporting ability, and accuracy of the equipment. He reported that their equipment lessens the burden on the billing staff by having one interface and provides advanced technology. He also provided a breakdown of the price per water meter. In response to Council questions, Mr. Beck stated that his employees do not communicate directly with homeowners, will report broken lids and other triggers to City staff, and noted that the employees wear uniforms. City Manager Kiff clarified that the program went out to Volume 59 - Page 493 City of Newport Beach City Council Study Session June 8, 2010 bid. 3. FOURTH OF JULY SAFETY. [100 -2010] City Manager Kiff stated that the goal of the City is to bring the 4th of July Celebration to a family - friendly level and thanked the Police Department for their effort and diligence. Public Information Manager Finnigan stated that the main problems the residents endure during this holiday is large crowds and out of control parties. She provided the statistical information for arrests and citations for 2009 and showed a PowerPoint presentation that included information about the approach to the changes, anticipation of a multi -year strategy, the process of monitoring the known party houses and troubled spots, the City's vision, and enforcement concept. Police Lieutenant McKnight talked about the safety enhancement zone, showed maps, believed that the changes will work well, noted that the plan covers the western area of Newport Beach, emphasized that the concentration is at Balboa Boulevard and Coast Highway, addressed the new street closure and times, and announced that pedestrian and bicycle access will be limited. He stated that there are large groups of people that gather which make it difficult to manage and the plan is to spread the crowds out, limit access to the shopping plaza on Coast Highway and Balboa Boulevard, identify party houses, implement foot beats to make a greater presence, make changes to police shift times, continue to be firm but fair, and provide community outreach. Mayor Pro Tem Henn joined the meeting at 4:19 p.m. Mayor Curry applauded the efforts of staff, believed that it will take a few years to notice the changes, noted that effective enforcement that reduces' the magnitude of the event is important, and stated that the 4th of July Holiday has been an impact on the community in the past which needs to be alleviated. Mayor Pro Tem Henn thanked City staff, the City Manager, and the Police Department for being responsive and for seeking solutions. He stated that residents should be experiencing family - friendly fun time, not unruly, visitors. He also stated that the City will take some chances and try something new, applauded the local businesses for their support and good attitude towards getting the situation under control, and stated that it is more important that residents in the area will soon have the opportunity to have a quality 4th of July Holiday. Craig Batley stated that he witnessed unruly parties, concurred with staff that it is time to add more enforcement, expressed support for the plan, and suggested that staff educate the public of the changes. George Schroeder applauded the changes and believed that the problem exists due to limited enforcement of the party houses. Kimberly Jamison expressed support for the plan, believed that some of the activities pose health and safety issues, thanked staff for taking a proactive approach to the issue, thanked Lieutenant McKnight for being responsive to residents' issues, and suggested that bright lights and a DUI checkpoint be implemented. Mayor Curry thanked Mayor Pro Tem Henn for his efforts and noted that he looks forward to the results of the 4th of July Holiday safety efforts. Volume 59 - Page 494 City of Newport Beach City Council Study Session June S, 2010 4. EMPLOYEE RECOGNITIONS AND DOROTHY PALEN AWARD. City Manager Kiff reported that due to budget restrictions, the customary employee recognition program was deleted this year; however, he recognized employees with 30 years or more of service. He announced that the winner of the Dorothy Palen Award is Senior Civil Engineer Lee, thanked all employees for their hard work, and invited everyone to attend the reception in the City Hall lobby immediately after the Study Session. Mayor Curry thanked all City employees for making many sacrifices due to the budget cuts, but still continuing to provide a high quality of service. Mayor Pro Tern Henn thanked all of the nominees, noting that they represent all staff that are hard working and dedicated. He also thanked Senior Civil Engineer Lee for managing the Assessment Districts and for always going the extra mile. III. PUBLIC COMMENTS - None IV. ADJOURNMENT - 4:51 p.m. The agenda for the Study Session was posted on June 2, 2010, at 4:30 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary mayor City Clerk Volume 59 - Page 495 CITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting June 8, 2010 — 7:00 p.m. I. STUDY SESSION - 3:30 p.m. Il. CLOSED SESSION - 4:53 p.m A. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9 (a)): Four matters: 1. Banning Ranch Conservancy v. City of Newport Beach - OCSC Case No. 30- 2010- 00365758 2. Pacific Shores v. Newport Beach -'U.S. District Court Case No. SACV 08 -00457 AG (PLAx) 3. Newport Coast Recovery v. City of Newport Beach - U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 4. Yellowstone v. City of Newport Beach U.S. Dept. of Housing & Urban Dev. Invest. No. 09-09-0834-8 B. Conference with Legal Cnuncal - Anticinafad 1A, ;oa4inn _ F.vnncnra 4n T.iiiun4inn Potential exposure to litigation on two matters based upon facts and circumstances that might result in litigation against the City but which are not yet known to a potential plaintiff or plaintiffs and disclosure of the facts or circumstances would jeopardize the City's ability to resolve the matter. C. Conference with Labor Negotiators (Government Code § 54957.6): Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Employee Organizations: Multiple Newport Beach associations: Police Employees Association (PEA), Police Management Association (PMA), Newport Beach Employees League (LABEL); Newport Beach Professional & Technical Employees Association (Prof - Tech), and Newport Beach City Employees Association (NBCEA) D. Public Employee Performance Evaluation (Government Code § 54957(B)(1)): The City Council will meet in closed session to consider the evaluation of performance of the following public employee(s): Titles: City Attorney III. RECESS Volume 59 - Page 496 City of Newport Beach City Council Minutes June 8, 2010 IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE -Mayor Pro Tern Henn VIII. INVOCATION -Dr. Reverend Richard Kannwischer, St. Andrews Presbyterian Church D:. PRESENTATIONS Appreciation to U.S. Army Corps of Engineers Colonel Thomas H. Magness, IV for Support of Newport Bay Dredging Efforts - Mayor Curry read the proclamation and presented it to Colonel Magness. Colonel Magness discussed the City projects he has been involved in, his optimism that funding will be issued for the Lower Bay dredging project, and expressed his gratitude to the City. 2010 Rotary Student Exchange to Okazaki, Japan!- Kent Moore brought greetings from the Mayor of Okazaki, Japan, and introduced the chaperones'' and students (Jenny Funsten, Victoria Lewis, Delaney McCardle, Teddy Parks, Campbell Woods, and Bayley Davidson) who will be visiting Okazaki on behalf of the City. Annual Youth Council Report - Recreation Manager Cates and Recreation Supervisor Valdez discussed the purpose of the :Youth Council. Youth Council Co -Vice Chair, David Fink, utilized a PowerPoint presentation to highlight the events the Youth Council volunteers with, the guest speakers that attend their meetings, and the Youth Council's future goals. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNC,F.MF.NTR nR MATTR.RR UrUT1014 CnTTMCTT_ MRMRPRC Council Member Daigle announced thatra lab will take place at the Back Bay Science Center over the weekend, thanked Colonel Magness for all his hard work, and requested that staff look into amending the Rhine Channel Dredging Project Mitigated Negative Declaration (MND) to include that residents need to be permit ready. Council Member Gardner noted that the Zoning Code is being updated and invited Corona del Mar residents to attend a meeting about the Zoning Code on June 10 at 6:30 p.m. in the Council Chambers. She requested that staff ask David Myerson of Resource Opportunity Group to look into the feasibility of purchasing Banning Ranch. She discussed the Corona del Mar 5K race and requested that staff come back with a proposal so that the City can hold a bike ride as the City's 13th special event. She also requested that staff look into the tree issue on Sandcastle. Council Member Webb stated that he attended a reception for Board of Library Trustee Chase who has served on the Board for eight years, but is moving. He provided an update on his quest to walk all the City streets during his last year on Council and requested resident assistance to allow him access to the gated communities. Council Member Selich reported that the Balboa Island Parade was held last Sunday and Volume 59 - Page 497 City of Newport Beach City Council Minutes June 8, 2010 commended all those who helped make it a great event. Mayor Curry reported that he attended a reception to discuss art in public spaces, a Character Counts Award Ceremony at Ensign and Corona del Mar Middle Schools, the Conference and Visitors Bureau Annual Dinner, and the Back Bay Naturalists and Friends Bye Bye Birdie fundraiser. He stated that he also spoke at the annual Stop Polluting Our Newport (SPON) meeting. City Manager Kiff introduced Assistant City Manager Smith who provided her background. MI. CONSENT CALENDAR A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF MAY 25, 2010. Waive ?reading of subject minutes, approve as written, and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCE FOR ADOPTION 3. AMENDMENT TO SECTION 11.03.020(B) OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SPECIAL EVENT PERMITS. [100- 20101 Adopt Ordinance No. 2010 -10 amending Newport Beach Municipal Code Section 11.03.020(B) to eliminate farmers' markets from the special event permit process. C. RESOLUTIONS FOR ADOPTION 4. ADOPT A RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL TRANSPORTATION ENHANCEMENT PROGRAM FUNDING FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA). 1100 -20101 Adopt Resolution No. 2010 -51 authorizing the submittal of Bristol Street North Landscape Improvements Project to be considered for Transportation Enhancement program funding from Orange County Transportation Authority (OCTA). 5.` 2010 -11 APPROPRIATION LIMIT. [100 -20101 Adopt Resolution No. 2010 -52 adopting the City's Appropriation (Gann) Limit for the 2010 -11 fiscal year in the amount of $140,588,741. 6. COPPER -FREE BOAT BOTTOM PAINTS. [100 -20101 Adopt Resolution No. 2010 -53 endorsing a program to encourage the use of copper -free boat bottom paints. MEASURE M GROWTH MANAGEMENT PROGRAM ELIGIBILITY REQUIREMENTS. [100 -20101 a) Adopt the Seven -Year Measure M Capital Improvement Program; b) adopt Resolution No. 2010 -54 affirming that the City's Circulation Element does not preclude implementation of the regional Master Plan of Arterial Highways; and c) direct staff to submit the adopted Seven -Year Measure M Capital Improvement Program and Maintenance of Effort Certification to the Orange County Transportation Authority to satisfy the eligibility provisions for Measure M and the Growth Management Program. 8. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS Volume 59 - Page 498 City of Newport Beach City Council Minutes June 8, 2010 IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2010 -2011. [100 -20101 a) Approve the Newport Beach Restaurant Association Business Improvement District Fiscal Year 2010 -2011 Annual Report; and b) adopt Resolution of Intention No. 2010 -55 to Levy Assessments and set the public hearing for June 22, 2010. 9. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2010- 2011. [100 -2010] a) Approve the Balboa Village Business Improvement District Fiscal Year 2010 -2011 Annual Report; b) adopt Resolution of Intention No. 2010 -56 to Levy Assessments and set the public hearing for June 22, 2010; and c) confirm the Balboa Village Business Improvement District 2010 Advisory Board, as nominated by the 2009 BID Advisory, Board, as follows: Bob Black - Catalina Passenger Service, Butch Wilson - Balboa Saloon, Tony George - Surfside Silver, Brock Morrison - Rainey Fine Art; Ralph Rodheim - Balboa Boat Rental, Jim Fournier - Tales of Balboa, Craig Batley - Baywalk, Inc. - Bungalow Basics 10. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL': REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO :LEVY FOR FISCAL YEAR 2010- 2011. [100 -20101 a) Approve the Marine Avenue Business Improvement District Fiscal Year 2010 -2011 Annual Report; b) adopt Resolution of Intention No. 2010 -57 to Levy Assessments and set the public hearing for June 22, 2010; and c) confirm the Marine Avenue Business Improvement District 2010 Advisory Board, as nominated by the 2009 BID Advisory Board, as follows: Alex Richardson - HOM Realty, Sheri Drewry - Wilma's Patio, John Robinson - Amelia's Restaurant, Anne Moloney Beach' Time Realty, Eldy Galietta - Barolo by the Sea, Pam Hubbard - Persimmon Tree! 11. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: 2010 -2011 ANNUAL REPORT AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2010 -2011. [100 -20101 a) Approve the Corona del Mar Business Improvement District Year 2010 -2011 Annual Report; b) adopt Resolution of Intention No. 2010 -58 to levy assessments and set the public hearing for June 22, 2010; and c) confirm the Corona del Mar Business Improvement District 2010 Advisory Board, as nominated by the - 2009 BID Advisory Board, as follows: Bernie Svalstad - Newport Factoring, Tom Nicholson - Nicholson Company, Jim Walker - The Bungalow, Beverly "BJ" Johnson - Prudential, California Realty, Ali Zadeh - The Port Restaurant & Lounge, Scott Laidlaw - Laidlaw Schultz Architects, Tina B. Hoover - Hoover Law Office D. CONTRACTS AND AGREEMENTS 12. 2009 -10 SIDEWALK CURB AND GUTTER REPLACEMENT PROGRAM (C- 4189) - COMPLETION AND ACCEPTANCE. [381100 -20101 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with'applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 13. AWARD OF PURCHASE AGREEMENT CONTRACTS FOR OASIS SENIOR Volume 59 - Page 499 City of Newport Beach City Council Minutes June 8, 2010 CENTER FURNITURE, FIXTURES AND EQUIPMENT (C- 4544). 1381100- 20101 a) Approve the proposed OASIS facility furnishings in the total amount of $408,319.49; b) award the contract to New Tangram, LLC for the total proposal price of $220,095.98, and authorize the Mayor and the City Clerk to execute the contract; c) award the contract to KI/Krueger Commercial, Inc. for the total proposal price of $138,494.10, and authorize the Mayor and City Clerk to execute the contract; and d) award the contract to Interior Office Solutions, Inc. for the total proposal price of $49,729.41, and authorize the Mayor and the City Clerk to execute the contract. 14. AVON STREET, TUSTIN AVENUE AND OCEAN VIEW AVENUE STREET REHABILITATION AND DOVER/WESTCLIFF STREET REHABILITATION (C -4091) - AWARD OF CONTRACT. [381100 -20101 a) Approve the project drawings and specifications; b) award C -4091 to R.J. Noble Company for the total bid price of $667,315.50, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $70;000.00 to cover the cost of unforeseen work; and d) approve Budget Amendment No. IOBA -049 recognizing additional funding in the amount of $197,344.00 from the County of Orange Proposition 42 City Aid Program (CAP) and appropriating $197;344.00 to Account No. 7191- C2002024. 15. APPROVAL OF AN AGREEMENT WITH ALEXANDER CONTRACT SERVICES, INC. FOR , CITY WATER METER READING SERVICES (C- 4545). [381100 -20101 Approve an agreement with Alexander Contract Services, Inc. for water meter reading services, and authorize the Mayor and City Clerk to execute the agreement. 16. APPROVAL, OF CONTRACT WITH EMERGENCY POWER CONTROLS, INC. FOR THE GENERATOR REMODEL BUILDING 4 PROJECT (C- 4230). [381100 -20101 a) Approve Professional Services Agreement with Emergency Power Controls, Inc. for the Generator Remodel Building 4 Project (C- 4230), and authorize the mayor and City Clerk to execute the agreement; and b) approve staff to encumber an amount of $5,640 (15% of total bid) for service contingency. 17. CALIFORNIA COASTAL COMMISSION APPLICATION PREPARATION AND PROCESSING - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH SCHMIDTZ & ASSOCIATES (C- 4546). [381100 -20101 Approve a Professional Services Agreement with Schmitz & Associates, Inc. (Schmitz) of Malibu, to conduct California Coastal Commission application preparation and processing at a contract price of $154,750, and authorize the Mayor and City Clerk to execute the agreement. 18. NEWPORT BEACH FARMERS' MARKET LICENSE AGREEMENT (C- 4547). [381100- 20101 Authorize the Mayor and City Clerk to sign the Newport Beach Farmers' Market License Agreement between the City of Newport Beach and the Sprouts of Promise Foundation ( "Licensee "), allowing the Licensee the use of City property for a Certified Farmers' Market for a period of one (1) year, and allowing the City Manager to renew the License on an annual basis if he /she finds that the terms of the agreement have been met and the operation of the Certified Farmers' Market is not causing any negative impact on traffic circulation, parking, or surrounding properties and uses. 19. DORY FLEET ACCESS AREA EMERGENCY SAND REPLENISHMENT PROJECT - RETROACTIVE APPROVAL OF WORK (C45Z6). 1381100• 20.101 Approve the necessary Emergency Sand Replenishment Work adjacent to the Volume 59 - Page 500 City of Newport Beach City Council Minutes June 8, 2010 Newport Pier and the Dory Fleet Compound performed by Tight Quarters Inc. (Tight Quarters). 21. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 - APPROVAL OF SETTLEMENT AGREEMENT WITH SK HART BAYVIEW LLC (C4548). [381100 -20101 Approve the Settlement Agreement with SK Hart Bayview, LLC for the acquisition of real property for the Jamboree Road Bridge Widening Over State Route 73 Project, and authorize the Mayor and City Clerk to execute the Settlement Agreement and Certificate of Acceptance. 22. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON PENNA (C- 4549). [381100 -20101 Approve a Professional Services Agreement with Anderson Penna. of Laguna Beach, for the Jamboree Road Bridge Widening Over State Route 73 project at a not to exceed price of $533,850.00, and authorize the Mayor and the City Clerk to execute the agreement. E. MISCELLANEOUS 24. BOARD AND COMMISSION SCHEDULED VACANCIES - CONFIRMATION OF NOMINEES. [100 -20101 Confirm the nominations made by the Ad Hoc Appointments Committee, as listed in the staff report and supplemental staff report. 25. OFFICE OF THE CITY ATTORNEY - BUDGET AND TREND ANALYSIS. [100 -2010] There is no recommendation at this time. S31. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD, BACK BAY DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER STREETS FOR THE JULY 4TH HOLIDAY. [100 -2010] Adopt Resolution No. 2010 -63 authorizing the Police Department to temporarily close, or divert traffic from, portions of Seashore Drive, the "100" block streets and alleys between 32nd Street and 54th Street, Balboa Boulevard, Back Bay Drive, and Newport Boulevard during the Fourth of July Holiday, to install temporary boundaries on Seashore Drive, and to close certain parking lots. Council Member Daigle expressed her appreciation for the continued progress of the Jamboree Bridge Widening project (Items 21 and 22). Council Member Gardner stated that she read an article about how farmers' markets are beneficial in helping the fabric of a community (Item 18). Without objection, City Manager Kiff requested that the second recommendation in Item 19 (Dory Fleet Access Area Emergency Sand Replenishment Project) be removed since a budget amendment is no longer needed. Regarding Item S31 (July 4th Temporary Street Closures), City Manager Kiff noted that the resolution allows for more closures than is being proposed. Motion by Mayor Pro Tem Henn seconded by Council Member Rosansky to approve the Consent Calendar, except for the items removed (20 and 23); and noting that additional nominations are being recommended relative to Item 24 (Confirmation of Board and Commission Nominations) and the budget amendment is no longer needed for Item 19 (Dory Fleet Access Emergency Sand Replenishment Project). Volume 59 - Page 501 City of Newport Beach City Council Minutes June 8, 2010 The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle )III. ITEMS REMOVED FROM THE CONSENT CALENDAR 20. SAN MIGUEL DRIVE STREET IMPROVEMENTS (C4472) - AWARD OF CONTRACT. [381100 -20101 Public Works Director Badum indicated that the City may be able to utilize remaining CIOSA funds for the project and requested Council authorization to supplement the project with CIOSA money, if available. Motion by Council Member Webb seconded by Council Member Gardner to a) approve the project drawings and specifications; b) award C -4472 to GASS Construction Company, Inc. for the total bid price of $1,170,000, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $117,000 (10 %) to cover the cost of unforeseen work; d) establish an amount of $12,500 to cover the cost of construction material testing; e) establish an amount of $2,500 to cover the cost of printing and incidentals; fl authorize staff to supplement the project with CIOSA money, if available; however, if the funds are not available, approve Budget Amendment No. 10BA -052 to recognize the contribution of funds in the amount of $1,302,000 from Zoning Implementation and Public Benefit Agreement between the City of Newport Beach and The Irvine Company LLC dated January 8, 2008, and appropriating ;$1,302,000 -into Capital Project Account No. 7251- CI002025; and g) direct staff to seek reimbursement for the project funding ($1,302,000) pursuant to the Zoning Implementation and Public Benefit Agreement between the City of Newport Beach and The Irvine Company LLC dated January 8, 2008. The motion carried by the following roll call vote: Ayes: Council Member Selich Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 23. PLANNING COMMISSION AGENDA FOR THE JUNE 3, 2010. [100 -20101 Laura Curran discussed the proposed Development Agreement with Morningside Recovery (PA2010 -069) and questioned how duplexes are handled in the agreement. She also believed that the City's definition of "integral facility" can be enforced and that the "block" definition and how far group home facilities can be apart need to be clarified. Denys Oberman believed that the proposed Development Agreement with Morningside Recovery is not consistent with the General Plan and the term of the long -term entitlement should only be 25 years. She expressed concern about the change to the character of the neighborhoods and that Morningside Recovery will be allowed to move clients to other facilities without any formal control. She provided suggestions for modifying the agreement. Mayor Pro Tem Henn noted that the Planning Commission recommended approval of the Development Agreement to the City Council with a few modifications. City Attorney Hunt reported that the Planning Commission's and the public's comments will be taken into consideration before bringing the agreement before Council. Motion by Council Member Webb seconded by Mayor Pro Tem Henn to receive and file. Volume 59 - Page 502 City of Newport Beach City Council Minutes June 8, 2010 The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XV. PUBLIC COMMENTS Tom Billings suggested that the City become a Rule of Law city and presented a sample resolution from the City of Orange. He further discussed how illegal immigration can impact the City. XVI. PUBLIC HEARINGS 26. PROPOSED ASSESSMENT DISTRICT NO. 100 - AREA GENERALLY BOUNDED BY 13TH STREET, BALBOA BOULEVARD, ADAMS STREET, AND OCEAN FRONT - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. [891100 -20101 Mayor Pro Tem Henn recused himself and vacated the dais since he lives in the boundaries of Assessment District 100. Mayor Curry discussed the procedures for the Assessment District, Senior Civil Engineer Lee provided the staff report, and Assessment Engineer Cox discussed the boundaries, the City's concurrent water and sewer line projects for the area, and the basis for the assessment amounts. Mayor Curry opened the public hearing. Margaret Shannon Hamilton noted the economic times and believed that the assessment would place an undue burden on the homeowners. William Shaver expressed support for the Assessment District and requested a list of contractors who have business licenses in the City that could perform the private property hook -ups for the residents, Hearing no further testimony, Mayor Curry announced that all written protests and ballots are to be turned in at this time and closed the public hearing. He announced that staff will tabulate the ballots and then Council will take action on the issue when the results are returned to the City Clerk. 27. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 - ADOPTION OF RESOLUTION OF NECESSITY TO ACQUIRE A PORTION OF REAL PROPERTY LOCATED AT 3601 JAMBOREE ROAD BY EMINENT DOMAIN. [100- 20101 Deputy Public Works Director Webb provided a staff report and noted that the City sent an offer to the property owner in January but never received a counter offer. He discussed the eminent domain process and reported that the City will continue to try to negotiate with the property owner during the process. Motion by Council Member Webb seconded by Council Member Gardner to adopt Resolution No. 2010 -61 establishing the need for the City to acquire a portion of real property located at 3601 Jamboree Road in the City of Newport Beach for the purposes of constructing the Jamboree Road Bridge Widening Over State Route 73 Project. Volume 59 - Page 503 City of Newport Beach City Council Minutes June 8, 2010 In response to City Attorney Hunt's question, Deputy Public Works Director Webb indicated that the project was developed to provide the least impact on private resources. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. Mayor Curry discussed eminent domain and that, in this case, it is allowing the termination of ownership of the property at a fair price to both the property owner and the taxpayers. Council Member Selich expressed his opposition to the use of eminent domain and believed that tonight's action is premature. He suggested that the City continue to negotiate with the property owner and cautioned that the City may end up paying some of the property owner's eminent domain expenses. The motion carried by the following roll call vote: Ayes: Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle Noes: Council Member Selich 28. FISCAL YEAR 2010 -11 PROPOSED BUDGET HEARING. [100 -2010] City Manager Kiff discussed the budget checklist In response to Council questions, Administrative Services Director McCraner believed that the amount listed in page 15 of the proposed budget might be due to the OASIS Senior Center, but will verify. Regarding the sales tax forecast, she explained that the City's estimates are more conservative than the consultant's or the State's estimates. She reported that the budget, checklist, list of reclassifications, and list of new positions will be presented at the June 22 meeting. Council requested an update relative to the Early Retirement Incentive Program (ERIP). Mayor Pro Tem Henn also requested that staff look into ways to possibly fund the remainder of the wayfinding program. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. Motion bv_CouncilMember Selich. seconded by Mayor Pro Tem Henn to direct the preparation of the Budget Resolution for adoption at the Council Meeting of June 22, 2010, including any checklist items. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle 29. VACATION OF AN EXISTING STORM DRAIN EASEMENT AND ACCEPTANCE OF NEW STORM DRAIN EASEMENT AT 445 EAST COAST HIGHWAY. [100 -20101 Public Works Director Badum provided the staff report and noted that the applicant is awaiting the City's approval because their application is already with the Coastal Commission. Motion by Council Member Rosansky seconded by Council Member Webb to a) adopt Resolution No. 2010 -62 ordering the vacation of an existing storm drain easement and the acceptance of new storm drain easement at 445 East Coast Highway; b) direct staff to process the vacation and acceptance of said easements; and c) direct the City Clerk to have Volume 59 - Page 504 City of Newport Beach City Council Minutes June 8, 2010 the Resolution and easement documents recorded by the Orange County Recorder. Mayor Curry opened the public hearing. Hearing no public testimony, he closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XVII. CURRENT BUSINESS 30. UPDATE OF THE COUNCIL'S 2010 GOALS AND PROJECTS. [100 -20101 City Manager Kiff reviewed the goals and projects outlined in the staff report. He indicated that staff will provide a follow -up report relative to the Rhine Channel Dredging project's sediment test. Regarding sea level changes, Council Member Gardner requested that the City also consider other options besides seawalls. Council Member Webb noted that this should also be considered not just for Balboa Island, but other locations in the City. Regarding Buck Gully, Council Member Gardner indicated that she requested that the City Attorney's Office look into whether an Environmental Impact Report (EIR) is needed for the project. In response to Council questions about increasing harbor fees, City Manager Kiff discussed the two different types of harbor 'fees and indicated that staff will be bringing back a proposal to conduct an appraisal of fees that deal with a private entity's use of public assets, i.e. moorings, commercial docks, Balboa Yacht Basin. He noted that the goal is to have the appraisal done by October 1. With the concurrence of Council, Council Member Webb directed staff to distribute the fee for mooring administration by the Sheriffs Department equally amongst the 1,200 mooring units in this year's budget. Regarding the cost to provide services through Harbor Resources, City Manager Kiff indicated that this information will be included with the updated fee schedule that will be presented to Council in a few months. Council Member Rosansky requested that Council be provided with more information about what will happen to the current City Hall site after the move to the new Civic Center. Regarding his question about changes to NBTV, Council Member Gardner indicated that the Public Information 'Manager will be bringing survey results to the Media and Communications Committee. Council Member Daigle expressed support for the direction the City is heading. Motion by Council Member Webb seconded by Council Member Daigle to receive and file. XVI. PUBLIC HEARINGS - Continued 26. PROPOSED ASSESSMENT DISTRICT NO. 100 - AREA GENERALLY BOUNDED BY 13TH STREET, BALBOA BOULEVARD, ADAMS STREET, AND OCEAN FRONT - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. [891100 -2010] City Attorney Hunt reported that Mayor Pro Tom Henn has vacated the dais. City Clerk Brown announced that 68% of the ballots submitted were in favor of the Volume 59 - Page 505 City of Newport Beach City Council Minutes June 8, 2010 Assessment District, for a total assessment of $2,012,833, and 32% of the ballots were submitted in opposition, for a total assessment of $968,340. Motion by Council Member Webb,_ seconded by Council Member Selich to a) adopt Resolution No. 2010 -59 overruling protests, approving final engineer's report, levying assessments without modification, approving and ordering the work and improvements for the utility underground project, and authorizing and directing related actions with respect to Assessment District No. 100; b) adopt Resolution No. 2010 -60 approving contracts with certain utility companies for utility improvements for Assessment District No. 100; and c) approve Budget Amendment No. 10BA -051 for $4,345,000 to provide $4,084,000 for the design, construction, financing and incidental contingencies, and $261,000 to establish a bond reserve; increase revenue estimates by $4,084;000 and increase expenditure appropriations by $3,851,630.18, where $67,386.25" has not been expended, but is encumbered for anticipated future use; and direct that the difference of $164,983.57 be utilized to reimburse the City for past assessment engineering and design expenditures related to this district. The motion carried by the following roll call vote Ayes: Council Member Selich, Council Member Rosansky, Mayor Curry, Council Member Webb, Council Member Gardner, Council. Member Daigle Abstain: Mayor Pro Tem Henn ' XVIII. MOTION FOR RECONSIDERATION - None XIM ADJOURNMENT - Adjourned at 8:39 p.m. in memory of Jane Willet and Paul Wagner The agenda for the Regular Meeting was posted on June 4, 2010, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on June 2, 2010, at 4:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor City Clerk Volume 59 - Page 506