HomeMy WebLinkAbout01 - Minutes - 04-28-2009Agenda Item No. 1
May 12, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
April 28, 2009 — 2:00 p.nL
I.
II. ROLL CALL
Present: Council Member.Henn, Council
Council Member Webb, Council
Excused: Council Member Daigle
III. CURRENT BUSINESS
°t
1. AB1234 ETHICS TRAINING - P
2. CLARIFICATION OlUTEMS ON
Gardner
Tem Curry, Mayor Selich,
CALENDAR.
Public Works Director larified fo' uncil Member Gardner that Item 9 (Big
Canyon Creek Restorati Proje not i t the irrigation program and explained
how funding will be handl .
Regardi 14 (Par trol Citation Handheld Equipment), Council Member
Gard r com nded staff fo iting a concise and informative staff report.
3. OC FRO T WALK SAF STEERING COMMITTEE RECOMMENDATIONS.
f
c I tzo gan utilized a PowerPoint presentation to highlight the
ec ` er 2008 come ''`ty meeting in which excessive speeding, motorized,
convey s, a nforcement were discussed. She also reviewed the Oceanfront Safety
Steering mmit objectives.
Police Cap in Johns %n discussed current regulations and what is permitted and not
permitted cl the oceanfront walk. He .stated that the committee recommended that the
olice Dep 'tment enforce unsafe operation and prohibited uses; not change the speed
cont ue to prohibit surreys, skateboards, and motorized devices; and seek more
co um input regarding Segways. Regarding enforcement, he discussed the use of
at patrols which are similar to DUI checkpoints, displayed a map of where
perso el would be located, reported the possible schedule for the targeted enforcement,
and reviewed current bicycle patrol duties.
In response to Council questions, Captain Johnson stated that Segways are considered
personal mobility devices, similar to motorized wheelchairs, and noted that municipalities
are allowed to regulate what can be permitted on sidewalks. He indicated that users of the
oceanfront walk would be able to see their speeds through the use of a radar board;
however, it is unsure if these devices would qualify to uphold a citation in court. He
pointed out that people did slow down when the boards were being tested and stated that
the boards do not pick up running speeds. He discussed the issues related to surreys and
reiterated that they are not permitted on the oceanfront walk or in the street, and are only
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City of Newport Beach
City Council Study Session
April 28, 2009
allowed in bike lanes. He noted that very few surrey accidents are reported to the Police
Department. Council Member Henn added that the primary surrey vendor on the
Peninsula has offered to only sell the 6 to 8 passenger surreys, not rent them.
City Traffic Engineer Brine reviewed the suggested new signage and striping
improvements developed by the committee. He clarified that the proposed signs would
only replace existing signs, not the street end signs, and discussed how the signs could be
sequenced on the oceanfront walk. He also highlighted the possible long term solutions of
widening the oceanfront walk, creating a separate b' lane, and re- routing bike traffic
around McFadden Square.
Mike Johnson expressed support for the pict signs since it removes any language
barrier.
Palmer Laughlin, Segway owner, asked nyone fr alboa Island was involved and if
anyone will be located on Balboa Islan* using the satu ion patrols.
Marian Parman, Segway owner, died thSegways are co ered to be pedestrians and
believed that Segways are s and.c�� be limited to 8 mp She stated that only a
handful of people own Segways t1Fat it probably the Segw our groups that cause
pro 1 ems. �v
Michael Smith,
walk.
Scott McGilroy, Director \f the
Manager of Segway Ora e 1
purchase ay or take ne
ng ion an the
4 to 1 mph.
Jack- rian Segway owner;
minimii .o on the oce'
Council not ban Segways on the oceanfront
a Village iness Improvement District and Store
se he training requirement in order to
sir gQftours. He offered suggestions to minimize
walk and noted that the maximum speed can be set
d that enforcing the speed limit is the key to
walk.
to begin strict enforcement of the speed limit.
Dan)and an, mittee member, believed that people should not be allowed to rent
surra Pe a because renters. ignore the rules on the oceanfront walk signs
and rs on th surreys. Further, he believed that most of the issues are created by
the rollerbladera not observing the speed limit, and the pedestrians and dog
alkaying attention to their surroundings.
dicated that he has been knocked down by a surrey and hit by bicyclists, and
took at a surrey business is operating its business on the public sidewalk. He
exprport for what the committee is attempting to do.
Wendy Franco commended the committee and the signage suggestions, and believed that
enforcement needs to take place and citations need to be issued.
Laura Cain stated that she.has observed bicyclists traveling 20 mph and that there has
been an increase in the number of motorized bicycles on the oceanfront walk.
Joe Reiss, committee member, commended staff on the staff report and believed that
Council will struggle with making a. decision about Segways. He agreed that not many
people awn Segways but expressed concern about seeing a Segway tour on the oceanfront
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City of Newport Beach
City Council Study Session
April 28, 2009
walk with up to 30 people.
Kim Christy, Segway owner, discussed her Segway training and believed that Segways are
safe. She added that during tours, the operators are behind and in front of the group to
ensure safety.
Council Member Henn noted that the committee's suggestions .relative to signage and
striping could occur at minimal cost, and reported that the committee is seeking guidance
relative to surreys and Segway tours on the oceanfront Walk.
Council commended staff and the committee for th ' and work. It was the consensus of
Council to encourage better enforcement on the eanfront walk and more outreach and
education about the issues and possible soluti Council also suggested possibly looking
into prohibiting the rental of surreys, espe - ly arger.sized surreys since there is no
safe location to operate them in the Cit ontinue onitor any issues that may arise
with Segways and look into some typ regulation for ay tours; and purchase radar
boards.
IV. PUBLIC COMMENTS_- None
V. ADJOURIN 4 T - 5:20 p.m.
The agenda for the Study sion was post on April 22, 2009, at 4:20. p.m. on the City
Hall Bulletin Board locat tside of th ity of Newport Beach Administration
Building.
City Clerk
Recording Secretary
Mayor
Volume 59 — Page 138
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 28, 2009 — 7:00 p.m.
I. AB1234 ETHICS TRAINING - 2:00 p.m
II. STUDY SESSION - 4:00 pan.
III. CLOSED SESSION - 5:20 p.m
A. Conference with Lga1.C..ounsel
1. Harvey v. City of A44
07CC5400.
B. Conference 'th Lee 1 C_o..unsel
(Government Coded'¢ 9(b1,
1. Potential expos to liti
that might result litigal
po tial plaintiff plain
i, ize the Citv's bilit�
Orange County
,Code
Court Case No.
Litigation
on one ter based upon facts and circumstances
.o t th
it but which are not yet known to a
s an sure of the facts or circumstances would
to resolve t e matter.
Pre t: Council mher Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,.
Council tuber Webb, Council Member Gardner
Excused: until ember Daigle
VII. CLOSED SESjN REPORT - None
VIII. PLEDGE OF ALLEGIANCE -Council Member Henn
1X. INVOCATION - Father J. Ven Ilano, Hoag Memorial Hospital Presbyterian
XVI. PUBLIC HEARINGS
15. PROPOSED ASSESSMENT DISTRICT NO. 87 (BALBOA ISLAND) - AN AREA
GENERALLY BOUNDED BY BAY FRONT NORTH AND SOUTH, AND BALBOA
ISLAND WEST OF COLLINS ISLE AND EAST OF GRAND CANAL - FOR
UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND
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City Council Minutes
April 28, 2009
UTILITY DISTRICT. [891100 -20091
Assessment Engineer Joan Cox, Harrison & Associates, utilized a PowerPoint presentation
to discuss City funded improvements, changes to the Engineer's Report, the costs
associated with the district, assessment methodology, estimated assessment ranges, the
cost of other districts, the balloting procedure, the schedule of events if approved, private
service conversions, how non - payments are placed on the tax bill, and the next steps.
In response to Mayor Pro Tem Curry's question,
upon non payment of the assessments, properties
that a vote was not cast by the City for its property.
Jim Maloney stated that he is in favor of
spend more time supervising the contract(
Brian Ouzounian expressed cor
and undergrounding of electrical
Ben Schmid expressed concer
Robert Borland believed that tl
issue betrays public trust, plastic
Hearing no further test
Selich closed the public herring
Mayor Selich recessed tie ite
X. Tld
programs.
the cost,
gas and
nent Engineer Cox stated that
foreclosed. Mayor Selich noted
on Balboa Island.
district and suggested that staff
issues, water problems,
no need to have public utilities underground, the
Edl not last 25 years, and the district is too costly.
and recei no written protests and ballots, Mayor
m #r7:3 1' n order to tabulate the ballots.
P o
i Ikert stated that the car will be used for recruiting,
He indicated that he raised $4,000 of the $12,500 needed
A Cancer Foundation's 35th Anniversary - Mayor Selich
Executive Director Lil Spitzer.
micipal Clerks Week - May 3 through May 9, 2009 - Mayor
to City Clerk Brown who thanked Council for their support.
orting the 2010 Census -Mayor Selich presented theproclamation to
t, Gilberto Flores. Mr. Flores thanked Council and Public Information
their support and partnership.
XII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGEND_A_FOR DISCUSSION. ACTION OR
REPORT (NON- DISCUSSION ITEM
Mayor Selich reported that the City was awarded $17.3 million from the Federal Stimulus
Program to complete the Upper Newport Bay dredging project and expressed appreciation
to Assistant City Manager Kiff for his work in the matter. Council Member Webb also commended
Council Member Daigle for her role in helping obtain the funds.
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City Council Minutes
April 28, 2009
Council Member Gardner asked staff to bring back a proposed resolution supporting the
Equestrian Center at the Orange County Fairgrounds; urged residents to be aware of the Orange
County Marathon parking issues this coming Sunday; and noted that she and Assistant City
Manager Kiff rode in a hydrogen fuel vehicle and there is a proposal to install a fueling station at
Jamboree Road and San Joaquin Hills Road.
Council Member Henn thanked staff for installing the flashing crosswalk at Newport Boulevard
and 23rd Street, and noted that it is a terrific improvement to that area. He announced that the
2009 Invitational Regatta for the Hoag Cup is June 12 -14.
Mayor Pro Tern Curry asked the City. Attorney to bring bg£1#e Council a draft ordinance that will
raise candidate contributions to $1,000 per person. He_aso stated that there is a loophole in the
Charter that allows an incumbent Council MemberA6 ' •cumvent the term limit measure by
resigning on the eve of an election and then run agg n. He ed that the City Attorney return to
Council with specific language to plug this looplil
XIII. CONSENT CALENDAR t,
A READING OF MINUTES/ ND.
O NAN S ARESOLUTI _
1. MINUTES OF THE RE R MEETING AND ADJOURNED REGULAR
MEETING O APRIL 14, 2 9. [100 -2009] Waive reading of subject minutes,
approve, as a ' ded, and order
2. READING OF 0 CES AND SOLUTIONS. Waive reading in full of
all ordinances and{ resolution upder w eration, and direct City Clerk to read
by title only.
B. OR DI ._, C O INTR °'TION
3. AW OF NO LUSIVE SOLID WASTE COLLECTION FRANCHISE
O DEMO LITI( V AND GRADING, INC. [421100 -20091 a) Adopt
ntion . 2009.19 to conduct a public hearing on May 26, 2009,
to der the a a Non - exclusive Solid Waste Franchise to JD Demolition
d ng, Inc.; an b) introduce Ordinance No. 2009 -11 granting a Non -
usive id Waste Franchise to JD Demolition and Grading, Inc., and pass to
se - d read' on May 26, 2009.
EX#CUTION OF FISCAL YEAR 2008 HOMELAND SECURITY GRANT
P GRAMS TRANSFER AGREEMENTS (C- 4196). [381100 -2009] Adopt
olution No. 2009 -20 authorizing the Police Chief, the Fire Chief, and the City
anager to act as "Authorized Agents" to execute the necessary documents in
conjunction with the Transfer Agreements.
D. CONTRACTS AND AGREEMENTS
5. WATER WELL REHABILITATION DOLPHIN AND TAMURA SHALLOW
WELLS (C4053) - COMPLETION AND ACCEPTANCE. 1381100 -20091 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
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City Council Minutes
April 28, 2009
Bond one year after Council acceptance
6. MACARTHUR BOULEVARD MEDIAN TREES (C4054) - COMPLETION
AND ACCEPTANCE. [38/100 -2009] a) Accept the completed 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.
7. FLASHING CROSSWALK AT NEWPO#°P BOULEVARD AND 23RD
STREET (C -3969) - COMPLETION ANWACCEPTANCE. [381100 -2009] a)
Accept the completed contract work; b) authorize the City Clerk to file a Notice of
Completion; c) authorize the City Clerk- 70,release the Labor and Materials bond 35
days after the Notice of Comp n ha k, "been recorded in accordance with
applicable portions of the Civ' ode; and, elease the Faithful Performance
Bond one year after Council a ptance. 'h„
8. APPROVAL OF MAI EN E AGREEME WITH DUKE'S ROOT
CONTROL, INC. F RO FOAMING SER S OF 47,127 LF OF
SEWER LINE (C-419 00 -2009] Approve a Main nance Agreement with
Duke's Root Control, Inc. oot foaming of 47,127 linear feet of sewer line at
various locatio s throughout City for a not -to- exceed price of $32,490.33, and
authorize the _Manager and City Clerk to execute the Agreement.
9. BIG CANYO C RESTO ION PROJECT - APPROVAL OF
AMENDMENT O. 2 TO ESSI SERVICES AGREEMENT WITH
VA CONSULTIN , INC. NIUM MONITORING (C-3593).1381100-
2 a) Approve a ent No: 2 "Professional Services Agreement with VA
ons ing, Inc. for ite selenium monitoring and upstream selenium source
track' for the Big nyon Creek Restoration Project for a total fee of $81,761,
and a horize the Ma and City Clerk to execute the agreement; and b) approve
bu amendment 09BA -051) transferring $41,761 from 7014- C5100969
do ntr r Program) to Account
No. 4- C510070 Canyon Creek Restoration); and recognizing $40,000 from
cont tion from the County of Orange Nitrogen Selenium Management
ram appropriating $40,000 to Account
10. TRAFFIC ON -CALL SERVICES - APPROVAL OF AMENDMENTS TO
PR FESSIONAL SERVICES AGREEMENT WITH AUSTIN -FOUST
?. ASSOCIATES, INC., TRAFFIC CONTROL ENGINEERING, INC., AND
" T ANSPORTATION STUDIES, INC. (C -3938 and C- 3673). [381100 -2009] a)
prove Amendment No. 1 to the Professional Services Agreement with.Austin-
oust Associates, Inc. for on -call traffic engineering services, and authorize the
Mayor and City Clerk to execute the Amendment; b) approve Amendment No. 1 to
the Professional Services Agreement with Traffic Control Engineering, Inc. for on-
call traffic engineering services, and authorize the Mayor and City Clerk to
execute the Amendment; and c) approve Amendment No. 1 to the Professional
Services Agreement with Transportation Studies, Inc. for on -call traffic
engineering services, and authorize the Mayor and City Clerk to execute the
Amendment.
11. APPROVAL OF ON -CALL REPAIR SERVICES AGREEMENT WITH
GENERAL PUMP COMPANY, INC. FOR REPAIR OF WATER WELLS AND
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City Council Minutes
April 28, 2009
PUMP STATIONS (C- 4193). 1381100 -2009) Approve an On -Call Repair Services
Agreement with General Pump Company, Inc. for on -call repair of water wells and
pump stations, and authorize the Mayor and City Clerk to execute the Agreement.
12. CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
BOHLIN CYWINSKI JACKSON FOR ARCHITECTURAL DESIGN
SERVICES - SCHEMATIC DESIGN AND DESIGN DEVELOPMENT (C-
4136). [381100 -20091 a) Approve Amendment No. 1 to the Professional Services
Agreement (PSA) with Bohlin Cywinski Jac4ft of San Francisco for Schematic
Design and Design Development Phases of City Hall and Park architectural design
services at a not to exceed price of $4,680775, and authorize the Mayor and City
Clerk to execute the Amended Agree ; and b) approve a budget amendment
(09BA -050) authorizing $3,051,69 - addtizbnal funding.for the Schematic Design
and Design Development Pha of City i and Park architectural design
services from unappropriated or Facilities r Plan Fund to the City Hall
and Park Design Account N 410- 1002009.
E. MISCE..LLANEOUS
13. APPOINTMENT BY MA OF AD HOC APPOINTMENTS COMMITTEE
TO REVIEW APPLICATIO AND MARE RECOMMENDATIONS TO THE
FULL COU FOR THE ARD AND COMMISSION VACANCIES
SCHEDULED CCUR O UNE 30, 2009. [100 -20091 Confirm the
Mayor's appoint' ent cil Me Nancy Gardner, Council Member Don
Webb, and Coun Member el He to serve on the Ad Hoc Appointments
Committee to revieV appli n '' ace recommendations to the full Council
fooard and C m' on vacanci scheduled to occur on June 30, 2009.
14. A UPG ° E OF - ARKING CONTROL CITATION HANDHELD.
EQUI "ENT. [100- 091 Approve a budget amendment (09BA -049) in the
4 ou Ulfg $40,618 to A unt No. 7024- C8001000 (Parking Meter Replacement)
o nue fro , Account No. 1820 -5212 (Parking and PD Admin Fines)
fort rade o g Control Citation Handheld Equipment.
m
otion by Mav, ro Curr to approve the Consent Calendar.
e motion carried the foll `5 ing roll call vote:
Aye Council Me ber Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Selich,
council Me her Webb, Council Member Gardner
Absent: ' a _cil M her Daigle
XIV. ITEMS REM s D_FROM THE CONSENT CALENDAR -None
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner reported that the Task Force on Green Development will be meeting on
Wednesday, April 30, at 8:30 a.m. in the Council Conference Room to finalize their proposal to
Council.
Council Member Henn reported that the reasonable accommodation hearing for the Kraemer
Center is scheduled for Wednesday, April 29, at 4:00 p.m. in the Council Chambers,
Balboa Recovery's reasonable accommodation hearing will be on Thursday, April 30, at 4:00 p.m.
in the Council Chambers, and Ocean Recovery's use permit hearing will be on Thursday, May 7.
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City Council Minutes
April 28, 2009
He also reported that the Economic Development Committee (EDC) met on April 15 and will
recommend to Council that a special event advisory committee be formed to better plan events for
the City and that an EDC subcommittee will be created to look into the possibility of having a
summer water taxi on the Bay.
Mayor Pro Tem Curry reported that the Facilities Finance Plan will be brought to Council in the
next few weeks and noted that a presentation about the impact of the California drought on water
rates will be presented to Council during budget discussions.
XVI. PUBLIC HEARINGS - Continued
16. ADOPTION OF RESOLUTION NO. 2009 -2 ORMING THE NEWPORT BEACH
TOURISM BUSINESS IMPROVEMEN STRICT (TBID) AND SETTING
ASSESSMENT TO BE LEVIED. [100 -20
City Manager Bludau reported that t BID consists o hotels.
Motion- .by.Council Member_G ner `adopt Resolution - 2009 -21 establishing the
Newport Beach Tourism B ' ess provement District ID) and setting the
assessment to be levied.
The motion carried by the following ro'llkall vote:
Ayes: Council Memb - Council er Rosansky, Mayor Pro Tern Curry, Mayor
Selich, Council *m e bb, Counci ember Gardner
Absent: Council Member Daigle
17. HOAG MORIAL MHOS AL P*SBYTERIAN - DEVELOPMENT
AGRE =ANNUAL C LANCE REVIEW (C- 2912). [381100120091
Se 1?lanne Campbell rep ed that Hoag is in compliance with the new provisions
with s e del s. He discusse- the development agreement and noted that some of the
improve doled to bcompleted by the end of the year.
In re" se to until questio s, Senior Planner Campbell stated that staff recommended
that so Amprol ents be 'set aside until the soundwall is built to see if it will address
some of a not issues and, if the improvements are still necessary, the
.improveme _ will b equired at that time. He noted that any changes made to the
developmen agreement will require amendments and Council's approval. He indicated
that no pl s have been developed at this time for the irrigation and landscaping
proveme. • s at Sunset Ridge Park at this time and the noise level standards have not
c ged. H)? also indicated that the mechanical exhaust fans will be moved, measured and
tes believed that all of the items will be done by the next review period.
Eric T urnher thanked Council for holding the review and acknowledged that progress has
been made; however, he expressed concern about the excessive lighting in the parking
lots, noise from the cooling towers, and the landscaping needs near Sunset Ridge Park.
Council Member Rosansky indicated that he hoped that most all the items would have
been finished by the next review and expressed a need for a fence along Pacific Coast
Highway.
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City Council Minutes
April 28, 2009
Motion, by., Council Member _Rosanskv to accept staffs recommendation that Hoag
Memorial Hospital Presbyterian is in good faith compliance with the Development
Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor
Selich, Council Member Rosansky, Council Member Henn
Absent: Council Member Daigle
XVII. PU_B..LIC COMMENTS
Peggy Fort invited the community to attend the Or ' e County Marathon on Sunday, May 3,
at 7:30 a.m. and thanked Council and staff for their p ` elative to the new course. She stated
that residents can still sign up at the Camp wport this weekend. Council Member
Gardner thanked the organizers of the event fo%ibeing responsi parking issues.
XVIII. CONTINUED.BUS_INESS
18. COUNCIL REVIEW OF ST' S US PROGRESS RE TON SIX OF THE
CITY COUNCIL'S 2009 PRIOR S. [100 -20091
MR
City Manager Bludau . - tilized a Powe int presentation which included information on
the schematic design and Environ al Impact Report (EIR) for the City Hall and
Park Site, the Traffic na.,, ment Plan, p 'c parks and recreation facilities, eventual
land use for the Banning RandfilVperty, r quality improvement projects, and
developing strategies.
In reap Council Membe.VWebb's questions, Mayor Selich stated that, as a part of
nego ' ing t Banning Iich development agreement, he and Council Member
ky are orking with Barring Ranch and concept diagrams were submitted to staff
for re w. istant City Manager Wood provided an update on the land use for the
Banning y, andided that the City and State Conservancy submitted
tion r Meas ding for Banning Ranch and the City sent a letter
In respon to Co Member Rosansky's question, staff agreed that an EIR for Sunset
Ridge 1%,
hould n take a year to complete and they will meet with the consultants
and provide'ouncil with a new date.
apons Council Member Gardner's questions, Public Works Director Badum stated
staff ill be meeting with concerned residents to discuss issues relative to traffic
JLe nt and noted that the project is to improve safety.
19. APPROVAL OF TEN YEAR AGREEMENT WITH THE COUNTY OF ORANGE FOR
THE DISPOSAL OF MUNICIPAL SOLID WASTE (C4194).[381100-20091
City Manager Bludau stated that the agreement is for the County to provide solid waste
disposal locations to the City.
In response to Council Member Henn's question, City Manager Bludau stated that he will
find out if there is a cap on the annual adjustment and will provide that information to
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City Council Minutes
April 28, 2009
20.
21.
him.
Motion by. Council Member Webb to approve the ten year agreement with the County
of Orange (July 1, 2010 through June 30, 2020) for the delivery of all controllable
municipal solid wastes from the City to the County landfill disposal system, thereby
ensuring a long -term, reliable and cost competitive disposal source for the City's municipal
solid waste.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member
Selich, Council Member Webb, Council M
Absent: Council Member Daigle
RATIFICATION OF
2009)
City Attorney Hunt reported that
Management Association rega g
Attorney reviewed the City's
employees without Council approv
analysis, staff identified that there v
He recommended that . ncil ratify
this current budget ter _
sky, Mayor Pro Tem Curry, Mayor
Gardner
a request for
AGREEMENTS. [100-
by the Police
Retirement rehiring, he Office of the City
I policies and concl id that rehiring former
violation of Council Polic F -20 and, during the
13 contracts that were not approved by Council.
%reements so they can continue employment for
In response to Council MembWP%rdner's stions, Human Resources Director
Cassidy clarified that her sff monies urs orked by part-time employees during
a fiscal ye d they also sir =Ahat the a oyees hired have the expertise and meet
any Pu m oyment Reti nt System (PERS) requirements.
Con ' Me Henn congrat ated the Police Department for using part -time employees
and ad tba a would like to a more of the same with the Fire Department.
b 917— ro_ ry to ratify the post - retirement employment of the 13
employ liste' n Exhibit A, pursuant to City Council Policy F -20.
The motio arried . the following roll call vote:
Ayes: Co cil Memb r Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Seli , Council Member Webb, Council Member Gardner
bsent: Co cil Member Daigle
R W F THE CIVIL SERVICE SYSTEM AND OTHER GOVERNING
DOC NTS. [100 -20091
City Attorney Hunt recommended that the City retain an outside consultant to do a full
review Civil Service Board rules, the City Charter, Fire and Police Standard Operating
Procedures (SOPS), the Employee Manuals, and the Memorandum of Understandings
(MOUs) for Fire and Police employees. He indicated that it was determined that not all of
the requirements for the recruitment of the Police Chief were in compliance, even
though City Policy encourages internal promotional recruitments.
Motion by Council Member Webb to direct staff and an outside consultant to conduct
an independent review of the governing documents of the City's Civil Service System and
other sources in order to determine areas needing clarification, revision and elimination of
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City Council Minutes
April 28, 2009
conflict and to clarify the primary authority pertaining to employment of its civil service
employees.
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
Mayor Selich recessed the meeting at 8:52 p.m_ end reconvened the meeting at
9:02 p.m with all members of Council present. iVY
XVI. P.URIBJC HEARINGS - Continued
City Clerk Brown announced that, based on tabulai qns received, 49.8% of the ballots
submitted were in favor of the Assessment tstnct, for tal assessment of $8,655,711;
and 50.2% of the ballots were submitted in o sition, for a total amassment of $8,713,158.
City Attorney Hunt directed Council t he/r,,ved a majority pro Nr d there is currently no
provision that allows Council to overtYi ty protest. Thereouncil cannot proceed
forward with the assessment district.
Assessment Engineer Cox no at this is the at oting that she experienced and asked if
the decision can be postpone 'date thns. Bond Counsel Forbath stated that
Council can vote now or recount e b
In response to Council questions, City Attor that the ballots can be recounted and
requested that th kept in sec e c ody by th ity Clerk until to recount can occur. He
indicated that - re unt must be ' xblic to be consistent with the law and also stated that
there are no ovision in the law fo count procedures. He indicated that the public needs to be
afforded th eatest portunity to m e an appearance and Council has the ability to continue
the item to a ce in and time.
F pssio city Atto it stated that the item can be continued to the May 12
11, y Council Q ing t .low a recount of the ballots.
Motion by Con 'I Mem a Rosanskv to continue the item to May 12 City Council meeting
W perform a recouril¢ f the ba ts.
The otion carried the following roll call vote:
Ayes: ncil M , her Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Co il ember Webb, Council Member Gardner
Absent: Cousin ember Daigle
XX MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT - 9:12 p.m
The agenda for the Regular Meeting was posted on April 22, 2009, at 4:20 p.m on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
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City of Newport Beach
City Council Minutes
April 28, 2009
Recording Secretary
Volume 59 - Page 148
Agenda Item No. 1
May 12, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
April 28, 2009 — 2:00 p.m.
I. RECONVENED AT 2:00 P.M. FOR AN ADJOURNED. REGULAR MEET WI
II. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor
Selich, Council Member Webb, Council Member Gardner
Excused: Council Member Daigle
III. CURRENT BUSINESS
1. AB1234 ETHICS TRAINING - No Report
2. CLARIFICATION OF ITEMS ON TAE CONSENT, CALENDAR.
Public Works Director Badum
Canyon Creek Restoration I
explained how funding will be
Mayor
,cil Member Gardner that Item 9 (Big
impact the irrigation program and
Regarding Item 14 (Parking Conlroll Citation Handheld Equipment), Council Member
Gardner commended staffft7r wntinga concise and informative staff report.
3. OCEANFRONT WALK °. SAFETY STEERING COMMITTEE
Public Information Manager Finnigan utilized a PowerPoint presentation to highlight
the December 10, 2f1o8 community meeting in which excessive speeding, motorized
conveyances .arid: enforcement were discussed. She also reviewed the Oceanfront
Safety Stieermg pommittee's objectives.
Pohce Exptai)h; Johnson discussed current regulations and what is permitted and not
permitted on the oceanfront walk. He stated that the committee recommended that
the Police Department enforce unsafe operation and prohibited uses; not change the
speed' limit; continue to prohibit surreys, skateboards, and motorized devices; and
Lek more community input regarding Segways. Regarding enforcement, he discussed
the use of saturation patrols which are similar to DUI checkpoints, displayed a map of
where personnel would be located, reported the possible schedule for the targeted
enforcement, and reviewed current bicycle patrol duties.
In response to Council questions, Captain Johnson stated that Segways are considered
personal mobility devices, similar to motorized wheelchairs, and noted that
municipalities are allowed to regulate what can be permitted on sidewalks. He
indicated that users of the oceanfront walk would be able to see their speeds through
the use of a radar board; however, it is unlikely these devices would qualify to uphold
a citation in court. He pointed out that people did slow down when the boards were
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City of Newport Beach
City Council Study Session
April 28, 2009
being tested and stated that the boards do not pick up running speeds. He discussed
the issues related to surreys and reiterated that they are not permitted on the
oceanfront walk, and are only allowed in bike lanes on the street. He noted that very
few surrey accidents are reported to the Police Department. Council Member Henn
added that the primary surrey vendor on the Peninsula committed to not rent the 6 to
8 passenger surreys.
City Traffic Engineer Brine reviewed the suggested new signage and striping
improvements developed by the committee. He clarified that the piposed signs
would only replace existing signs, not the street end signs, and discui�W how the
signs could be sequenced on the oceanfront walk. He also highhg3ited tlxe, possible
long term solutions of widening the oceanfront walk, creating a separate hike lane,
and re- routing bike traffic around McFadden Square.
Mike Johnson expressed support for the picture signs since it ;egiQads any language
barrier.
Palmer Laughlin, Segway owner, asked if anyo aie frown lboa °island was involved
and if anyone will be located on Balboa Island doting t sdtdration patrols.
Marian Parman, Segway owner, noted that Se@
and believed that Segways are safe and can be
a handful of people own Segways and;iat it is
cause problems.
Michael Smith, Segway owner,
oceanfront walk.
considered to be pedestrians
8 mph. She stated that only
the Segway tour groups that
Council not ban Segways on the
Scott McGilroy, Director o�',the Ballaba Village Business Improvement District and
Store Manager of Segway?Y3 tge "Uounty, discussed the training requirement in order
to purchase a Segway ox „take one of their guided tours. He offered suggestions to
minimize Segway congestmn "on the oceanfront walk and noted that the maximum
speed can be set ba zween 4 ion 12 mph.
Jack O'Briam, owner, believed that enforcing the speed limit is the key to
minimizing pr9#ileiri"n the oceanfront walk.
the City to begin strict enforcement of the speed limit.
ny ;Sul i n, committee member, believed that people should not be allowed
aii`siarreys on the Peninsula because renters ignore the rules on the oceanfront
r.1-signs and the stickers on the surreys. Further, he believed that most of the
es are created by the bicyclists and rollerbladers not observing the speed limit,
the pedestrians and dog walkers not paying attention to their surroundings.
W.R. Dildine indicated that he has been knocked down by a surrey and hit by
bicyclists, and took issue that a surrey business is operating its business on the public
sidewalk. He expressed support for what the committee is attempting to do.
Wendy Franco commended the committee and the signage suggestions, and believed
that enforcement needs to take place and citations need to be issued.
Laura Cain stated that she has observed bicyclists traveling 20 mph and that there
has been an increase in the number of motorized bicycles on the oceanfront walk.
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City of Newport Beach
City Council Study Session
April 28, 2009
Joe Reiss, committee member, commended staff on the staff report and believed that
Council will struggle with making a decision about Segways. He agreed that not
many people own Segways but expressed concern about seeing a Segway tour on the
oceanfront walk with up to 30 people.
Kim Christy, Segway owner, discussed her Segway training and believed that
Segways are safe. She added that during tours, the operators are behind and in front
of the group to ensure safety.
Council Member Henn noted that the committee's suggestions relative tAeignage and
".
striping could occur at minimal cost, and reported that the coiititts seeking
guidance relative to surreys and Segway tours on the oceanfront walk
Council commended staff and the committee for their har&,W6` ".&T , It was the
consensus of Council to encourage better enforcement on t116, de @a13 walk and
more outreach and education about the issues and possible golutiona. ''t uncil also
R r
suggested possibly looking into prohibiting the rental ofarre pecially the larger
sized surreys since there is no safe location t i''`che City; continue to
monitor issues and potential solutions that ' arase, iE�th Segways and look into
some type of regulation for Segway tours and purchase ,, boards.
IV. PUBLIC CQMMENTS - None
V. ADdOURMIENT - 5:20 pan.
The agenda for the Study Session was
City Hall Bulletin Board located::`;:
Administration Building
City Clerk
a April 22, 2009, at 4:20 p.m. on the
of the City of Newport Beach
Recording Secretark
Mayor
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