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HomeMy WebLinkAbout01 - Minutes - 6-9-09Agenda Item No.1 Jane 23, 2009 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session June 9, 2009 — 3:00 p.m I. ROLL CALL Present: Council Member Henn, Mayor Pro Tom Curry, Council Member Daigle Excused: Council Member Rosansky, Council Member We Council Member Webb arrived at 3:07 p.m. and Pan. 11. C_ URRENT_BUSINESS 1. CLARIFICATION OF ITEMS ON THE Member Gardner, Rosansky CALENDAR. at 3:17 In response to Council's question arding the cost of chnical services (Item 10), Public Works Director Badum indicated urly costs for a services have not decreased, unlike material costs, and discuss the com ocess ublic Works uses to determine the cost for professional services. Council Member Gardner reques t the Utilities Director provide her with an explanation via em elative to the ;000 budget checklist request in Item 13 (Newport Terrace Gas Coll io yste in) . Regarding I 10 (11hcorative Banner lag Encroachment Policy), City Manager Bludau indicated t his is An annual request t ` t can be approved by staff. noted that the p blic hearings for the Business Improvement Districts be held on June 23, 3009. Council Member Henn indicated that it a ma ng amounts from the BIDs have increased and requested an e the pit hearings are conducted. Mayor Selich requested that staff also BIDS hail asked for new money. City Manager BI ;(BID p h i clarify whether t AQ Regarding Item (Measure M Growth Management Program), Council Member Henn Nearks ferenced the P •ement Rehabilitation Projects chart and received clarification from Public Director Hadum that the Central Balboa Peninsula Pavement Rehabilitation project is n Asses ent District No. 101 and that some of the streets within the district need to be r . ced d the drainage needs to be fixed. Regarding .t em 17 (Boards and Commissions Vacancies), Mayor Pro Tern Curry received confirmation that Maiqual Talbot only wanted to be considered for the Civil Service Board vacancy. 2. BUDGET REVIEW. Traffic .Signalization_Phases 516 and_8 Volume 59 — Page 175 City of Newport Beach City Council Study Session June 9, 2009 Deputy Public Works Director Webb provided an update on the previous phases, the design and construction of Phases 5, 6 and 8, and the timeline for the phases- He confirmed that the Pacific Coast Highway relinquishment can be added at any time, but those signals do not have fiber optic cable. He also discussed possible grant opportunities, the benefits of continuing with the current traffic signalization firm, and the methodology for phasing the project. He stated that there is a benefit to having someone man the signals, so they will explore better practices on how to handle this. City Manager Bludau noted that the Governor is looking at taki g away 75% of local gas tax money for a number of years. Deputy Public Works DirectUebb noted that this could mean losing $1 million a year of gas tax money that the Ci to maintain its pavement' program. In response to Council questions, Deputy Public orks Director bb in that Measure M money is a sales tax that the State ca of touch; however, th' .' to can attempt to access other monies. Big Corona Pol,ic_.e_P_atroUPark Patrol. Police Chief Klein discussed the history a citizen concerns, and actions taken by concerns. He highlighted the amount of arrests conducted by the footbe and concerns are associated with fir coordination has occurred between the General Services, Code Enforce nt, resources are limited and, as part o the is limiting overtime. He discussed the i set of eyes on the b h, and how P issue citations. A, e' ement at the Corona del Mar State Beach, the lice Department in response to citizen vertim spent and the number of citations and area units.` noted that recent daytime beach rbecue, and ve code violation issues, and that epartmen % Fire Department, Lifeguards, Recre Parking. He stated that Police Pole Depart nt's 2% reduction, the department miortance of educating the public, having an extra Patrol can assist, especially since they are able to Recreation a Servic Director Detwe 5 er reported that the Parks, Beaches and Recreation Commissio • -s recd ending that the ity hire a part -time Park Patrol Ranger to help educate an ree na del Mar State Beach and assist with the year - round patrollin e City's 6 pa and facilities- She agreed that this will not solve the prob will the effort. She highlighted the training involved and the expanded r sr i that Patrol has undertaken since it was created, and explained the cost reakdown fo new p' on. Following Mayo ro Tom carry and Council Member Glover expressing support for the proposed Park trol position, City Manager Bludau indicated that the position will be added to the bud t checklist. Producer to_Custodv Officer Police ein reported that the Corrections Standards Authority (CSA) recommended that the ice Department have two custody officers in the jail, rather than one. He indicated hat the video producer left the department and that, instead of filling the position, the salary could be used toward hiring the additional custody officer, the department's videos can be contracted out, and neither the video producer or custody officer is a sworn position. It was the consensus of Council to place the position on the budget checklist. Volume 69 - Page 176 City of Newport Beach City Council Study Session June 9, 2009 Clean.. Natural.G. a_s General Services Director Harmon reviewed the two Air Quality Management District (AQMD) regulations that mandate the replacement of public and private diesel fleets with clean burning natural gas vehicles. He noted the cost savings with using natural gas versus diesel fuel and the City will receive a royalty fee for outside use of the fueling station. He reported that the building of the station was approved by Council 2008 and the fleet maintenance shop would need modifications. He also reporte n Council Policy F -9 regarding vehicle replacements, the bids received for front 4ar,sed r -load refuse trucks, the difference between the two types of trucks and where they in the community, and the pros and cons of automated collection. He reviewed fun ortunities but noted that money has been set aside for the trucks in anticipation oi' bases. He stated that they will come back in July with bids for the four replament truck oted that used diesel equipment cannot be resold in this country but theb{ells can, and re d that AQMD is also interested in applying the regulations to small!i vehicles- Utilities Director Murdoch discussed th lahigher o r in management and vacancies in key positions, reviewed the reasons for the zational review of the department, and reported that the study recommended the ti f a Deputy Director position. He stated that new issues have arose that require "` 1 of upper management assistance, reviewed the duties of the D Director and the position could be funded, highlighted the proposed depa nizational ch and explained the difference between the Director and Deputy ctor mom. Library Services and expanded se contribute to directly to th t b Regarding the an updated all 2009 -10 from v This update 0 fiscal ves(r Cowell dis T the proposal to add tables, chairs, a coffee bar, the Corona ar Branch Library. She reported that people can shment of rary by donating to the Literary Foundation or the City. Director Danner reported that there are two public hearings the Depar at budget, Administrative Services Director Danner provided on plan at updates the salaries and benefit increase for 2008 -09 and vas originally included in the previous budget materials sent to Council. i the percentage increase in the Fire Department budget from 8% to 2% 10. Fire Chief Lewis reported that the increase in salaries for the 2007 - d years was due mainly to filling of vacancies, and added that the salary to paying step increases to the younger personnel. 7 garding4he McFadden Square Centennial Project, Ray Price discussed Phase II of the roject and the need for an advance of $50,000 to begin the next band of stone tiles. City Manager Bludau expressed concern about expending staff on this project when there are ongoing projects that need their attention and that the project is requiring a higher level of maintenance. Bernie Svalstad noted that the McFadden Project was intended to be a living legacy, believed that the funding is a small request, discussed the need to have someone oversee the project, pointed out that maintenance will always be needed, and reported that the project could generate over $200,000 which could be used to assist with maintenance Volume 59 - Page 177 City of Newport Beach City Council Study Session June 9, 2009 costs. He indicated that he could work with the Peninsula community associations to help relieve some of the management pressure. Council Member Henn expressed concern about building the ring for the $250 tiles when the $1,000 tiles are not being sold; however, noted that a management solution for the overall responsibility of the project needs to be determined, the seed money will be recouped over time, a fund should be established to pay for maintenance, and a Ci monument should be looked after by the City. Council Member Gardner suggested havi someone else take over the project so the City does not use staff time. Council Member ebb noted that, when the City decided to create a centennial monument, maintenance as necessary. He suggested only updating the history every five years, and believed the $46,000 is reasonable and the project should not be turned over to someone else. ayo ich believed that there should be one staff member dealing with this project. ity Maaag ludau indicated that he will place this on the budget checklist. , Regarding the budget checklist, Council Memb He requested that th lboa Village Palm Tree Replacement Matching Fund Pr, am, a Economic Developme Committee (EDC) Strategic Plan, McFadden Square nni roject, West Balboa Median project for design only, and Coastal Peal Park maint a added to the budget checklist. Council Member Webb requested that the Mar rs Mile Boardwalk project be reinstated and additional planning for traffic calming measur long Mariners Mile be added to the budget checklist. In response to Council Member sa stions, A inistrative Services Director Danner confirmed that the City n ds to do t as control system but it is not in the budget. Council Member Dai a requested th interim landscaping fix be explored for Bristol. Regarding the y ll and Park ect, Council Member Gardner requested a clearer explanation the pr jset and its ch ges, but not necessarily the costs since they are unknown a s time 3. CONSIDERA RELATED TO INCREASING CAMPAIGN CONTRB4_UTIO MITS AND MORE CLEARLY DEFINING TERM LIMITS FOR 'Mayor Pro Te urry di ed how the cost to run a campaign has increased, noted that most Orange Co ty cities o not have campaign limits, and suggested that an ordinance come back for until consideration relative to increasing the limit and allow it to be adjusted by the nsumer Price Index (CPI). Council Member Rosansky expressed support r the request nd noted that only four Orange County cities have lower contribution li _ Council ember Henn believed that a $1,000 contribution limit places the City on t a Nnsery `' ive end of the Orange County cities and agreed that it is expensive to run campai a recommended adjusting the contribution limit every two years by the CPI, neral Municipal Elections, and rounding the amount to the nearest $100. Council Member Daigle expressed support for this recommendation. In response to Council questions, City Attorney Hunt indicated that the San Jose case has not been ruled on and that there is no limit on how much a candidate can contribute to his or her campaign. Council Member Gardner expressed hope that the City would eventually look into Volume 59 — Page 178 City of Newport Beach City Council Study Session June 9, 2009 independent expenditure contributions because it affected the last election, City Attorney Hunt indicated that he would bring back an analysis. Regarding term limits, Mayor Pro Tem Curry reviewed the results of the 1992 election regarding term limits Charter and provided examples of how the intent of the charter amendment relative to term limits could be interpreted in order to have longer terms. He recommended that an ordinance be drafted to assist with the ambigl#ties and more clearly defines terms, term limits, and the necessity to be out of office for ur years after serving two terms prior in order to be a Council candidate. In response to Council questions, City Attorney Hunt up the ambiguities before a problem arises and confir Members who were appointed to the position and want City Manager Bludau indicated that the topic another study session with an ordinance on the Ron Hendrickson expressed concern about believed that all unscheduled Council election, not the appointment process. Ad i serve one full term after the unscheduled term III. PUBLIC COMMENTS - None IV. ADJOURNMENT - 5:31 p.m The agenda for the Study Session was osted on Bulletin Board located outside of the City of N@O City Clerk eee t it would 6e better to clear at' does not affect Council for t nsecutive terms. limits can be dfakAssed further at the campaign contribution limit. He should be handled through a special , that person should only be allowed to 1, at 3:45 p.m on the City Hall Administration Building. S Recording Secretary Mayor Volume 59 — Page 179 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 9, 2009 — 7:00 p.m. I. STUDY SESSION_ - 3:00 p.m. II. CLOSED. SESSION - 5:31 p.m. A. Conference with Legal Counsel - Existin Li ation Governm ode §5051.9 (a)); Three (3) matters: 1. Beek v. City. of Newport Beach EQ Orange County Superior Court Case No. 30.2008- 00071011 2. Beek v. City of Newport Beach (E n), Orange County Superior Court Case No. 07CC12177; 4th District Court of Ap Case No. G041074 3. Weeger Bros. v. City _, . wport Beach, e County Superior Court Case No. 30- 2009 - 00122898 ce _with Le aI Counse't - Antici e_ tion..-. Exposure to Litigation R. Conferen _ g_ Government Code,§ 54956.9fb11 One ( atter: 1. Potential a sure to litigati n one matter based upon facts and circumstances that mi ult in litigati against the City but which are not yet known to a poten ' pla tiff or plaint' nd disclosure of the facts or circumstances would jeo dize th City's ability to olve the matter. C. Conference__ h._ tici ated Litigration.71nifiati,on of_L_.itigation (Government _ § 549W.9 c : wo (2) matters: al ini on of litigation against the County of Orange for charging the City Prop Tax A - istration Fees in excess of those permitted by the Revenue and 2. D. Pu Potentia initiation of litigation against Red Bluff, LLC, for imposition of a receiver in order lo bring its property at the corner of Dover and PCH into compliance with City re ations and to abate nuisances. will meet in closed session to consider the evaluation of performance, and/or employment of one public employee, specifically: Title: City Manager IV. RECONVENED AT 7:00 P...M. FOR REGULAR MEETING Volume 59 - Page 180 City of Newport Beach City Council Minutes June 9, 2009 V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSI..ON_RE_.PORT City Attorney Hunt reported that Council voted to approve moving forwar .fWith litigation against the County of Orange (Closed Session Item C -1) and voted to autho a counsel to file a civil enforcement action relative to Red Bluff, LLC (Closed Session Ite A -3). He announced that Council authorized the City Manager to execute a mutual separati eemeat with Police Chief sion Mein, adding that it was appropriate to have a Closed Ses di uss o tlds matter due to the multiple circumstances involved.. Mayor Selich stated that Chief Klein decided that it is in A best interest of NChie nts and the Police Department that he retire after serving almost 30 ars nd provide thpportunity to resolve the controversies. The entire City Councils reed, ed and thankelein for his de dication to the community. City Manager Bludau stated that Chief Klein wil'f\=PIP' osition until July 9 and an interim Chief will be hired to allow the new City Mortunity to hire a new Po lice Chief. VII. PLEDGE OF ALLEGIANCE.- Count' er G VIII. INVOCATION - Council Member Web DL PRESENTATIONS R Proclamation to Citizen he Year Norse oats, Ed.D. - Mayor Selich read the proclamation and indicated that he wi a the proclama sent to Dr. Loats. Annual Youth Co cil Re ort - Recreationvlanager Cates explained the purpose of the 25- member Youth C it and aley Stevens, Mth Council Vice Chair, provided a PowerPoint presentation that incl d t volunteer information, pictures, and future goals. She thanked the retreat taff for their he p. Mayor Selich, Mayor Pro Tern Curry, and Council Member men the students for their involvement. X. NOT TO THE P IC XI. C tfT_COUNCIL AN UNCEMENTS OR MATTERS WHICH COUNCIL_ MEMB RS D LIKE PLA ON A . FUTURE__ AGENDA FOR DISCUS ION . ACTION OR R T NO SIGN ITEMZ: Council ' er Daigl - nnounced that on Saturday, June 13, there will be a 5k run at Corona del Mar High S an nvited residents to attend. She also announced that the grunions will be running throug e week. Council Member ardner announced that there were 500 more runners in the Corona del Mar 5K than last year's event. She also asked staff to continue to work on the solicitation ordinance. Council Member Webb announced that he participated in the Balboa Parade. He also stated that he recently received complaints about a large backyard project at a residential home in his district and asked staff to prepare a draft amendment to the zoning code for Council's consideration to establish a maximum size and term for substantial residential projects where a building permit is Volume 59 -Page 181 City of Newport Beach City Council Minutes June 9, 2009 not required. Council Member Henn announced that the third Biennial Hoag Cup Regatta Invitational will start at the Newport Pier on Friday. He noted that over $700,000 in proceeds has been raised in the past two Regattas for the benefit of Hoag Hospital and encouraged residents to attend. Mayor Pro Tem Curry announced that Memorial Day was the one year nniversary of the 1/1 Marine Memorial in Castaways Park and he thanked staff and the Park, Rif—aches, and Recreation Commission for the flag pole. He also announced that he participated ' the 70th Anniversary of the Newport Balboa Rotary Club and congratulated them for th years of service to the community. Mayor Selich announced that he shot the start gun For the Co a del M n)C and participated in the Balboa Parade which signaled the start of summer. H a son announced''b t earlier today he participated in the Harbor Day ceremony at Eastbluff Ele ntary School. XII. CONSENT.CALENDAR A. READING OF MINUTESIORDINAN S RESOLUTIONS 1. MINUTES OF THE REGULAR ING AND ADJOURNED REGULAR MEETING OF MAY 26, 2009. [100 -2' J Waive reading of subject minutes, approve as written and order filed. x 2. READING OF ORDIIf D RESOL NS. Waive reading in full of all ordinances and resol��ons un ration, and direct City Clerk to read by title only. B. RESOLUTIONS FOR ADOPTIO 4. REST A T ASSOC IA ON BUSINESS IMPROVEMENT DISTRICT (BID) NE AL: ANNU REPORT FOR FISCAL YEAR 2009 -2010 AND AD TION F RESOLUTIW OF INTENTION TO LEVY ASSESSMENTS F FISC YEAR OF JU& 1, 2009, TO JUNE 30, 2010. [100 -20091 a) Appro th ` iation Business Improvement District Fiscal Year 2009 -20' , nual Report; adopt Resolution of Intention No. 2009 -30 to levy lasfttsmen d c) set the public hearing for June 23, 2009. BALE' A VI E BUSINESS IMPROVEMENT DISTRICT (BID) RENE AL REPORT FOR FISCAL YEAR 2009 -2010 AND ADOP N OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 009 -2010. [100 -20091 a) Approve the Balboa Village Business Improv s ent District 2009.2010 Annual Report; and b) adopt Resolution of Intenti f No. 2009 -31 to levy assessments and set the public hearing for June 23, 2009- 6. NE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) VR EWAL: ANNUAL REPORT FOR FISCAL YEAR 2009 -2010 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2009 -2010. 1100 -20091 a) Approve the Marine Avenue Business Improvement District Year 2009 -2010 Annual Report; and b) adopt Resolution of Intention No. 2009.32 to levy assessments and set the public hearing for June 23, 2009. 7. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) Volume 59 - Page 182 City of Newport Beach City Council Minutes June 9, 2009 RENEWAL- ANNUAL REPORT FOR FISCAL YEAR 2009 -2010 AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR FISCAL YEAR 2009 -2010. [100 -20091 a) Approve the Corona del Mar Business Improvement District Year 2009 -2010 Annual Report; b) confirm the Corona del Mar Business Improvement District 2009 Advisory Board, as elected by the BID membership, as follows: Bernie Svalstad, Chairman - Newport Factoring; Tom Nicholson, Vice Chairman - Nicholson Companies; Mark4r chulem Secretary - Crown Ace Hardware; Jim Walker, Treasurer -The ungalow; Beverly "BJ Johnson - Prudential California Realty; and Ali Zade The Port Restaurant & Lounge; and c) adopt Resolution of Intention No. 20 -33 to levy assessments and set the public hearing for June 23, 2009. C. CONTRACTS, S, AND AGREEMENTS 8. FUNDING FOR CALIFOR , A LAW ORCEMENT TELECOMMUNICATION SYS M (CLETS) RYPTION REQUIREMENT (C- 4224). [38110 0091 Approve an expendit of $54,217 to upgrade and encrypt the Polic epar nt's CAD California Law Enforcement Telecommunication System ( jT �_: interface to accommodate the data encryption between the Orange C' "i' y Sheriffs Department and the Police Department; and b) authorize the Chief lice to execute a Professional Services Agreement with Northrop Grumman, as` roved by the Office of the City Attorney. 9. PHASE II ENHANCE OVER SYSTEM UPGRADES (C- 4042) - COMPLETION . D AC [381100 -20091 a) Accept the completed contract work; b uthor' e the City erk to file a Notice of Completion; c) authorize the City Clerk re se the Labor and Materials Bond 35 days after the Notice ompletion ha n recorded in accordance with applicable portions of the de; and d) r ' se the Faithful Performance Bond one year after Coun accep, nee. 11. M URE M GROWTH NAGEMENT PROGRAM ELIGIBILITY REQ E I , a) Adopt the Seven -Year Measure M Capital Improve . t Program; an ) direct staff to submit the adopted Seven -Year ure 'tal Improvement Program, Maintenance of Effort Certification, an ' v „ Management Plan Certification to the Orange County Trans tation ority to satisfy the eligibility provisions for Measure M and the Gro h Manag ` ent Program. 12. CORO DEL MAR STREET REHABILITATION PROJECT - PHASE 1 (C -3963 - COMPLETION AND ACCEPTANCE. [381100 -20091 a) Accept the comple d contract work and authorize the City Clerk to file a Notice of Compl ion; b) authorize the City Clerk to release the Labor and Materials Bond 5 d , s after the Notice of Completion has been recorded in accordance with cable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 13. NEWPORT TERRACE GAS COLLECTION SYSTEM - AWARD OF CONTRACT, CONTRACT AMENDMENT, AND BUDGET AMENDMENTS (C -4212 an&C- 3651). [381100 -20091 a) Approve a contract for $80,000 with GC Environmental, Inc. (GCE) for the operation, maintenance and monitoring (OM &M) of the Newport Terrace Landfill Gas Collection and Control System, and authorize the Mayor and City Clerk to execute the contract on behalf of the City; Volume 59 - Page 183 City of Newport Beach City Council Minutes June 9, 2009 b) approve Amendment No. 5 to the Professional Services Agreement with SCS Engineers - International, LLC (SCS) in the amount of $11,000 for an additional three months of support services for OM &M of the landfill gas collection and control system; c) approve a budget amendment (09BA -058) transferring a total of $11,000 from Environmental Liability unappropriated fund balance (292 -3605) to Environmental Liability, Services Professional & Technical 3155 - 8080), to fund the additional three months of support services for OM &M; d d) include $80,000 on the budget checklist to fund the FY 2009 -2010 .OM ' costs outlined in the staff report. 14. AMENDMENT NO. 1 TO PROFESSIONAL SE DES AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVIC R _ D TO THE LOCAL COASTAL PROGRAM (LCP) (C4050). /100 -200 uthorize the City Manager to execute an amendment extendj# the term of a ssional Services Agreement with the Chambers Group fo • nvi onmental consu for the Local Coastal Program (LCP). 15. AMENDMENT NO. 1 TO PRO SIO SERVICES AGREEMENT FOR GEOTECHNICAL CONSULTI VICES RELATED TO THE LOCAL COASTAL PROGRAM (LCP) ( 0). 1381700 -20091 Authorize the City Manager to execute an amendment ext iPg the term of a Professional Services Agreement with the Leighton Consulting for geotechnical consulting for the Local Coastal Program ). D. MISCELLANEOUS. t 16. DECORATIVE BANN LAG CROXMMENT POLICY. [100 -20091 Approve City Council PT L -2 Flags Placed Within or Extending Over the Public Right- f -Way Within ess Improvement Districts. 17. BOAR D COM SION SCHEDULED VACANCIES - CO RMA ION OF NOMI ES. [100 -20091 Confirm the nominations made by Ad H Appointments Co ittee, as listed in the staff report. In response to Cou em er uestion, Assistant City Manager Wood stated that the geogr , Busin Improvement Districts (BIDs) did not request additional matching funds. S bac and for the program and noted that the original report only provid stimates. state t the handout provided tonight is more accurate, the amounts can 1 change, and t evised 'bits have been distributed. She also noted a revision to the C na del Mar BID re s tioa beta se the section about the annual report was omitted. Council er Webb emphasiz that the vote on the BIDs does not indicate that Council is approving any 'tional funding r nest. Motion ayor Pro 'kern Curry, seconded by Council Member. Rosansky to approve the Consent Cal r, exct for the items removed (3 and 10). The motion Carrie the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD, BACK BAY Volume 59 - Page 184 City of Newport Beach City Council Minutes June 9, 2009 DRIVE, SELECTED PARKING LOTS, AND SELECTED FEEDER STREETS FOR THE JULY 4TH HOLIDAY. [100 -2009] Dolores Otting expressed concern for the health and safety of the residents on July 4th and urged the City to do better. Council Member Henn agreed and noted that an assessment will be done of this year's July 4th occurrences. He added that residents will also be given the opportunity to propose specific changes to make the day safer aD4 more convenient for them. Motion_by Councl_Memb.gr.Rosansky seconded by_Ma _r_P_.ro.Tem_Curry to adopt Resolution No. 2009 -29, authorizing the Police Departmen ` .temporarily close, or divert traffic from, portions of Seashore Drive, the "100" blo ree" d alleys between 32nd Street and 54th Street, Balboa Boulevard, Back Say Dl�e and ort Boulevard during the Fourth of July Holiday, to install temporaryoundaries on Se re Drive, and to close certain parking lots. The motion carried by the following roll call ve: Ayes: Council Member Henn, Council Myer Selich, Council Member Webb, Counc ml 10. ON -CALL GEOTECHNICAL SERVICES - SERVICES AGREEMENT WITH GMU HARRINGTON GEOTECHN . -4225 and In response to Dolores Otting's contractor on this project does no 1 the. City. Motion Mayo o Tem Curry Professional Se ces greement w services, an uthor a the Mayor Approve endme No. 2 to authorize the isky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Daigle AL OF PROFESSIONAL XHNICAL, INC. AND [381100 -2009] Badum stated that the unless it is approved by conded by Qqunc l Member Webb to approve a GMU Geotechnical, Inc. for on -call geotechnical I City Clerk to execute the agreement; and b) sional Services Agreement with Harrington aterial and compliance testing services, and :ecute the agreement. Th rried e following roll call vote: Ayes: Co un embei n, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, until Me' er Webb, Council Member Gardner Absent: Council ember Daigle XIV. EPORTS FR ,: CITY.COUNCIL, ON COMMITTEE ACTIVITIES Council her Gar er reported that the Coastal/Bay Water Quality Committee discussed marine prot ar , and requested that this issue be discussed at a Study Session. Council Member Daigle ' that the marine reserve information will allow the City the opportunity to cooperate with th tate Parks. Council Member Webb reported that the Orange County Sanitation District's budget will include funding for projects in the City, such as the Balboa trunk sewer rehabilitation, replacement of Bitter Point Pump Station, replacement of the Rocky Point Station, Bitter Point force main replacement, Bayside Drive improvements, Dover Drive trunk sewer, and sewer access improvements in the Big Canyon Nature Park area. Regarding group homes issues, Council Member Henn reported that Newport Coast Recovery's Volume 59 - Page 185 City of Newport Beach City Council Minutes June 9, 2009 reasonable accommodations and use permit hearings have been combined and will be heard on July 7 at 3:00 p.m.; Kramer Center's reasonable accommodations hearing was continued to June 24 at 4:00 p.m.; and Ocean Recovery's use permit for 1115 West Balboa Boulevard became final. He also reported that Senate Bill 268 was passed by the Senate and will now be heard by the Assembly. XV. PUBLIC HEARINGS 18. 2009 -10 APPROPRIATION LIMIT HEARING. [100 -20091 Administrative Services Director Danner reported that t \the is required pursuant to Article 13B of the California Constitution. a discussed the background of the requirement and noted that i cles below the maximum allowed spending. Mayor Selich opened the public hearing. He ng no testthe public hearing. ff Motion-by Council Member _Webb,. n by _Court- il..M._ember Rosansky to adopt Resolution No. 2009 -34 approving t ity's Appropriation (Gann) Limit for the 2009 -10 fiscal year in the amount of $143,264,2 r. The motion carried by the follow' g roll call vote: ; Ayes: Council Member Henn, C n r Rosansky, ayor Pro Tem Curry, Mayor Selich, Council Member We , Counci ardner, Council Member Daigle 19. FISCAL YEAR 2009 -10 PROPOS D BU ET HEARING. [100 -20091 Administrative Se s Director Da r reported that the budget was reviewed during three Study Ses ns d the budget ecklist will be brought back to Council for approval on June 23. Mayor Selmwened public hearingY Regarding the urant Associati'on's request, Jim Walker discussed the need for a $2 et i se for marketing Restaurant Week and explained that the g urants diffic mes due to a 21% loss in revenues. He expressed concern about competing wit e Rest nt Association of Orange County and their ability to acquire sponsors. He in ated tha every restaurant participating in Restaurant Week pays $250 and that the rte Restaurant Week will be held during a weekend. He noted that the association's ass , sment fees will most likely be increased in 2010 -2011. Memb# Rosansky expressed support for the BIDS and stated that it is ate t t the increase in assessment fees cannot be achieved this year. In respon8g to Council Member Henn's question, City Attorney Hunt explained that a notice of public hearing is needed to increase the assessment fees. Assistant City Manager Wood added that the renewal for 2009 -2010 cannot be changed because the BID is due to be renewed July 1, which does not allow time for a public hearing and two readings of the ordinance. She noted that there may be a way for the assessment to be increased mid- year. Further, the BID's money is also spent in the prior fiscal year for publications, marketing, and pre -event activities and the total $50,000 carry -over is not only used for Restaurant Week. City Manager Bludau stated that the assessments are billed with the business licenses which are staggered throughout the year. Council Member Gardner Volume 59 - Page 186 City of Newport Beach City Council Minutes June 9, 2009 stated that increasing the assessment fees will help the City. In response to questions, Mr. Walker stated that the Restaurant Association Board will vote on the assessment fees increase first and then the matter will go before the association members. Hearing no further testimony, Mayor Selich closed the public Mayor Pro Tem Curry expressed support for the restaurants a . requested a report that will include information about what the City can do to incre the assessment fees this fiscal year. XVI. PUBLIC CQMMENTS Dolores Otting indicated that water usage is an issue in Ae City and reque. that the water hotline number be provided to residents. She asked t Council add to the osed water ordinance a prohibition from watering City plants dur the ekend. XVII. PLANNING cOo-- MI$SION_AGENDAAND O ST US REPORT 20. PLANNING COMMISSION AGENDA FO NE 4,2009.[100-20091 Planning Director Lepo reported on the following it : Aerie project (PA2005 -096) - 201- 207 Carnation Avenue and 101 ide Place; Prelimi Fiscal Year 20W -2010 Capital Improvement Program; Genera Use Elemen .; igure (map) corrections; and Panini Cafe (PA2007 -063) - 1501 th Stree . XV1II. CONTINUED BUSINESS 21. REVISIONS TO C Y S WATER ERVATION ORDINANCE. [100 -20091 City Manager dau equested that a item be removed and discussed at the June 23 Study Sesaio Motion bv_ or econded. bIL Council_Member Rosanskv to discuss the ite a June ession- XIX. CURRE 22. ANNUAL RI ECONOMIC I TE OF STRATEGIC PLAN FOR FISCAL AND AVaspr y nager Wood reported that the Strategic Plan consists of action steps at a Economic Development Committee (EDC) is recommending some u ' g the timeline, and adding new action steps. She stated that the report i dsheet which shows staff resources and noted that the consultant fees will i0, which will need to be added to budget checklist. Io Council Member Daigle's questions, Assistant City Manager Wood stated that CoStar is a subscription service so they do not provide regular reports and stated that, at this time, they have not been successful in attracting a tenant to a vacant space. Council Member Gardner asked if the EDC will be able to create a clearing house to centralize rideshare opportunities. htion by Council Member Henn, _ econded bv_Council. Member Rosanskv to a) approve the proposed updates to the Strategic Plan; and b) add $15,000 to the 2009- Volume 59 - Page 187 City of Newport Beach City Council Minutes June 9, 2009 2010 budget checklists for professional and technical services to implement the Strategic Plan. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Selich, Council Member Gardner, Council Member Daigle Absent: Council Member Webb 23. PROPOSED ASSESSMENT DISTRICT NO. 103 - AKEAERALLY BOUNDED BY G STREET, EAST BALBOA BOULEVARD, CH ROAD, AND OCEAN BOULEVARD. [381891100 -2009) Senior Civil Engineer Lee reported that the AssE discussed the allocation fees, assessment range, public information meeting is scheduled for Jun 28, and construction could start in September In response to Council Member Henn's the item is not approved tonight, the ba o project and push the fees onto next year's built -in and if fees are lower than the ant. and an amended report will bethat there should be no constru act scheduled to be completed by Mria Council Member Henn noted tha�then to have a clearer view of the Bay as art the engineers concluded that the be e noted that thereA estion if the r Assessment ballots go of that the cl outside of tl indicated f :to address ining if t Uounc Le to a District wa Nsc n 2005 and construction coted that a 3 ublic heariled for July -essment Engineer Cox stated that if be mailed out, which will delay the She added that a 6% contingency is ount' the tax liens will be lowered Senior Civil Engineer Lee stated 3e " ad reported that the project is a seven''#Werties that were charged $7,000 previous Assessment District. He stated that they already received is a separate benefit and eowners would receive a credit towards future the alternative is to approve this and let the issue. He noted that the situation is unique and is an equitable outcome based on representation Coin ber suggested that the item be continued for two weeks. response pity Ma er Bludau's question, Assessment Engineer Cox believed the confusion is wr the ter "credit" which is considered a discount in anticipation that undergrounding ould happen at some point of time. She stated that if Council decides to allow a reducti to the seven properties, she advised against increasing the other property owner' ssessments to make up the funds. ponse to�ouncil Member Henn's question, Public Works Director Badum believed that properties assessed in Assessment District No. 64 have already received a credit. He a at time is needed to get a clearer understanding of what the homeowners believe orvere told in the past regarding future assessments. City Attorney Hunt stated that the assessments can be modified based upon actions at the protest hearings and also advised against raising the assessment amount. Joe Perring expressed support for the assessment and complimented staff on their work to get to this point. He indicated that getting a clearer understanding with the seven property owners is vital and expressed concern about the capitalized interest included in the assessment. Volume 59 - Page 188 City of Newport Beach City Council Minutes June 9, 2009 In response to Council Member Henn's question Bond Counsel Sperry suggested that Council not estimate the monthly property tax increment on the ballots and noted that the homeowners will hear that information at the property owner information meeting on June 30. He explained that if the assessments are reduced, a corresponding amount would need to be identified. Council Member Daigle noted that the City will not cast a vote ¢ ing the assessment because they do not own property within the district. Motion by Council „Member_G_n ;dner�seeonded by Co cil Membgr,We-.bb to a) adopt the following Resolutions for proposed As meat i t No. 103: 1) Resolution No. 2009 -35 adopting a map showing the propos be ies of, and making appointments for, proposed Assessment District N 103; 2) "" lution No. 2009 -36 declaring intention to order the conversion of ce 'am existing ove d electrical and communication facilities to underground locatio li proposed Assess , t District No. 103, describing the district to be assessed pay e costs and expe "_ thereof by reference to approved boundary map, provior a issuance of bonds, d declaring intention to take several related steps fart rance of implementing the proposed underground district; and 3) Resolution 9 -37 giving preliminary approval to the report of the Assessment Engineer for Asse t District No. 103 and an underground utilities district, setting a time and place for a is hearing thereon, and directing the mailing of notices of hearing and assessment ballo the affected property owners; and b) approve the Professional S Agreement wi eyer, Nave, Riback, Silver & Wilson to provide bond counsel a not to excee ice of $25,000, and authorize the Mayor and City Clerk to exec e the a 24. TRANSFER OF DEVELOPMIT RI TS IN ORTH NEWPORT CENTER PLANNED COMMUNITY (PA200 -07 . [100 -20091 Associate Plann illo provided a staff report, but noted that the staff report and draft resoluti had n error regar g the square footage in Block 400; however, the traffic anal analy d the correct sq a footage_ Motion,b nc seconded_by_CQuncil_Member_Webb to adopt Resolute o. 2009 -38, a p oving a transfer of development rights in North New ter ed Community, as follows: 1) 241,711 square feet of general office an in Pla o Block 600; and 2) 84,911 square feet of general office from Block 00 to Block The jANC by the following roll call vote: Ayes: ber Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor cil Member Webb, Council Member Gardner, Council Member Daigle 25. OR ENDING THE SUBDIVISION ORDINANCE, TIT LE 19 OF THE MUNDE, RELATIVE TO LOT LINE ADJUSTMENTS. [100 -20091 Planning Director Lepo explained the definition of a lot line adjustment and pointed out that, if a lot is less than 5,000 square feet, a parcel map is required. He stated that the parking and curb cut requirements will not be affected, and a zoning ordinance amendment will be needed to change the front setback on the new frontage. Mayor Selich added that the General Plan policies require that additional parking be provided if parking is lost because of the curb cut. He stated that the current ordinance requires a parcel map and approval from the Coastal Commission. He suggested eliminating the 5,000 square foot minimum lot size requirement. Council Member Henn stated that the Volume 59 - Page 189 City of Newport Beach City Council Minutes June 9, 2009 requirement inhibits redevelopment and revitalization of the Peninsula, and noted that he would like the ability for revitalization to occur without unnecessary obstacles. Motion by Council Member. Gardner, seconded by Council Member Webb to deny this action. The motion failed by the following roll call vote: Ayes: Council Member Webb, Council Member Gardner, Counciember Daigle Noes: Council Member Henn, Council Member Rosansky, M Yo Pro Tem Curry, Mayor Selich Motion. by ,Mayor Selchyseconded. by Cou. t._Memx Henn to introduce Ordinance No. 2009 -12 amending Title 19 of the N -port Beach ipal Code relating to applicability and procedures for lot line adju�nents, and pass to nd reading for adoption on June 23, 2009. The motion carried by the following roll cal ote V Ayes: Council Member Henn, Council sansky, Mayor Pro Tem Curry, Mayor Selich Noes: Council Member Webb, Council Member er, Council Member Daigle XX. 1VLOT[ON_FOR RECONSIDERATIO ne XXI. ADJOURNMENT - 9:24 p.m The agenda for the Regular Meeting s post on June , 2009, at 4:45 p.m, on the City Hall Bulletin Board located outside f t City of Newport Beach Administration Building. The supple t agenda f e Regular Meeting was posted on June 5, 2009, at 4:45 p.m on t y Hall Bulle Board located outside of the City of Newport Beach Administrate Bui ine. City Clerk Recording Secretary Mayor Volume 59 - Page 190