HomeMy WebLinkAbout23 - 06-23-2009 - MinutesAgenda Report #1
July 14, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
June 23, 2009 — 3:00 p.m.
I. ROLL CALL
Present: Council Member Henn, Mayor Pro Tern Daigle, Mayor Selich, Council Member Webb,
Council Member Gardner
Excused: Council Member Rosansky
Council Member Rosansky arrived at 8414.rml
14. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON CONSENT CALENDAR.
Council Member GarU cation on Item 10 (Advocacy for Dredging
gr requested 'c
Projects) regarding regions =fort renewal and e-4,Ignation of funding.
2. ISO BUILDING CODE-EFFE6 C1X
NESS GRWNG FOR NEWPORT BEACH.
Building Director Elbettai?util
Service • 044
of cod ; 81
zted; Ve
I �V 0
tw'd
(
expresikd hoi
(ISO); the ratinf
ertification; pil
commerciali
Isificl
&Proud his staff is
w4Povi ffljbint presentation to explain the Insurance
s; buil effectiveness grading; administration
riew process; the quality of field inspections; past scores
residential classification rating of "l"; county, state, and
L variations; and building code grading points. He also
receiving such a high score.
B City an
i'a questions,
Bu ilding il
Director El
that the
ISO rating a e ars and in surance wn pame8 su to the IS 0 rting
sys mfo d e r the a should sack sman p es that utilize ISO
ratings. her, breaks should be mge r f or commercial properties due to higher 8
and lame I es.
In responsf to Council questions, Building. Director Elbettar stated the ISO program is
voluntary and clarified that 9,500 jurisdictions participated. He further clarified the affect
the rat -period on insurance.
t.
Tem Curry and Council Member Henn congratulated Building Director Elbettar
and staff taff on their accomplishment, and for being a competent and highly trained
3. TIDE POOL PROGRAM UPDATE AND MARINE LIFE PROTECTION ACT 0AILPA).
ISSUE.
Maxine Protection and Education S . upervisor Claud-Clemente. utilized -a - PowerPoint
presentation to explain the Harbor Resources Division; the Marine Education Program; the
Marine Life Refuge; the importance of maintaining and protecting Marine P rotected Areas
(MPA) and Areas of Special Biological Significance (ASBS); ecological concerns fOr
the protected areas; the purpose of the Orange County Marine Protected Areas Council
volume 59 - Page 191
City of Newport Beach
City Council Study Session
June 23, 2009
(OCMPAC); past primary focuses; marine education; impacts of marine education and
awareness; future changes to the Marine Education Program; and the joint effort with the
Back Bay Science Center.
In response to Council questions, Marine Protection and Education . Supervisor Claud -
Clemente stated that the Back Bay Science Center is currently only open to scheduled
programs, not to the general public, but a future goal of the Center is to give the -community
more access. She discussed how ordinances in Laguna Beach and Dana Point are similar to
Fish and Game regulations, and having City ordinances for Newport Beach would help
enforce regulations. She emphasized the need for greater enforcement for protecting
the habitat.
Council Member Gardner noted that the CoastalBay Water Quality Committee would like a
study session on the Marine Life Protectign'Act (MLPA) to be scheduled as soon as possible.
She also recommended that Counef take a position':;_on whether the Upper and
Lower Bays should be a no -take pre`ve. She believed that'ceaidents oppose making both
Bays a no -take preserve and wanfnd to b pure the City's posffion is communicated in a
timely way.
Council Member Daigle noted the ' nce of keeping the Newport Beach heritage as a
harbor. She recommended Council take osition on both the Upper and Lower Bay as a no-
take preserve. She cot ended the collab0 ion and pioneering effort of the OCMPAC and
applauded Marine Pro and Educati upervisor Claud - Clemente for her positive
impact. She also commented onutheadifficalty - gaining access to the Back Bay Science
Center.
Assistant - Manager Kifiagreed -Ath the ii 04 to take a position on the no -take preserve
issue J91 in ted that he vaou)Cl �likke the opportunity to explain what could be applicable
to N port B ch at a future7*''eetmg and include representatives from State Parks in the
di lion.
4. REVI9j,NS ITY'S WATER CONSERVATION ORDINANCE.
�-- tr�lies D r Murd a Summary Table to outline proposed revisions to the
City's ger rvation Ordinance- He stated that there are four primary reasons for the
ordinari;,one o ch being the City is running out of water-
In respon4 to Coun q questions, Utilities Director Murdoch stated that the Metropolitan
Water Distct (MET) is asking all agencies to reduce water usage by 15% and penalties
would be issued if the amount of water purchased is exceeded. He discussed long -term
solutions, ikuding adjusted billing for consumption patterns. He noted that there is
'ntly zfo-legislation that restricts cities from sharing water. He reported that the cost to
me i read electronically rather than manually would he around $8 million; there are
oppa„ ties for more - efficient billing; tiered rates will assist with this. The proposed rate
inerese by using reserves will help ease the blow to the customers. He also discussed two
methods of enforcement. rate -based penalties and municipal code violations, noting that
warnings would be issued fast. He also discussed the basin pumping percentage; the salt
water intrusion barrier, of desalinization; Proposition 218; funding restrictions; the.
Governor's 2020 Plan; Best Management Practices (BMP); and MET funding and
compliance. He noted that the new ordinance ash residents to reduce water.usage based on
a system of four alert levels that the City could declare if required. He also, that there
is currently no program or incentive for homeowners to purchase pool covers,
In response to Council questions, Assistant General Manager Seckel discussed the status of
the Poseidon Project and clarified the difference between MET, Municipal Water District of
Volume 59 - Page 192
City of Newport Beach
City Council Study Session
June 28, 2009
Orange County (MWDOC), and the Orange County Water District (OCWD).
Council Member Daigle commented on plans to expand the infrastructure of the basin
and highlighted the purpose of the plan for the peripheral canal.
Council Member Gardner commented that the proposed permanent restrictions are
reasonable. She noted that usually a large number of people comply with these types of
ordinances and agreed with implementing a two -fold approach.
Council Member Henn pointed out the importance of defining an efficient appeal system for
reasonable appeal situations.
City Manager Bladau supported the d fot tiered rates. He believed that
conservation measures will help drive do age and. that enforcement will be difficult.
He recommended moving forward with a ordinance and :- discussing it at a future Study
Session.
HI. PUBLIC COMMENTS -None
IV. ADJOURNMENT - 4:50 p.m.
The agenda for the Study Session was p d on June 17, 2009, at 5:20 p.m. on the City
Hall Bulletin Board located oft ity of Newport Beach Administration
Building. �,° . ....
Recording Secretary
Mayor
Volume 59 — Page 198
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 23, 2009 — 7:00 p.m.
=fih
I. STUDY SESSION - 3:00 p.m " Y"
Il. CLOSED SESSION. - 4.50 p.m
A. Conference _with Legal Counsel - E i. ng Litig_ 'on.(Governme_n_.t Code. §.54956,9
(a; Four (4) matters:.
1. Beek vs. City of Newpo, eat CEQA), Orang ounty Superior Court Case
No. 30-2008-00071011
2. Beek vs. City, of Newp each (Election), Orange ounty Superior Court
Case No. 07CC12177; 4th Di ct Court of Appeals Case No. G041074
S. Harvey vs. Newport B h, Orange County Superior Court Case No,
07CC05400
S4. Weeger Bros vs. ity of N Bea Orange County Superior Court Case
No- 0- 2009.00122 8
B. Con f '' nee ith Le al C sel - Antic_ipated Litigation - Initiation of Li -I' ..
rnment Coe R 5495. c ; Two (2) matters:
1. to tiation of li ation against the State of California for unconstitutional
�a di ion re as tax revenues.
Public to P r ormance Evalnation.(Government Cade§ 54957(b)(1)):
The Coun will m in closed session to consider the evaluation of performance of one
public emp ee, spec tally:
1. Tit :City Clerk
.III. RECES ,'
IV. RECONVE AT 7:00 P,M._FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member.Rosansky, Mayor Pro Tem. Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT
City Attorney Hunt reported that Council voted to approve joining the League of California Cities
(LCC) in pursuing potential litigation against ,the State of California for unconstitutional diversion
of local share of gas tax revenues.
Volume 59 - Page 194
City of Newport Beach
City Council Minutes
June 23, 2009
VII. PLEDGE OF ALLEGIANCE - Council Member Daigle
VIII. INVOCATION - Pastor Bradley Stienstra, Newport Harbor Lutheran Church
Dt. PRESENTATIO..NS
Newport Beach Sunrise Rotary. Lobsterfest - Laura Dietz announced that the 1st Annual
Lobsterfest will be on Sunday, August 2, from 3:00 p.m. - 9:00 p.m. at the Newport Beach
Dunes. Tickets can be purchased by calling (949) 650 -5504. or by visiting their website at
www .lobsterfestatnewportbeach.com.
X. NOTICE TO THE PUBLIC
XI: CITY COUNCIL_ ANNOUNCEMENTS_ OR
WOULD LIKE - PLACED ON -. A FUTURE
REPORT (NON-DISCUSSIO_N.ITEM)
Council Member Daigle announced that. e�
Miocean.
In response to Council Member GardnE
responsive to public records act requests.
Council Member Henn anno
and stated that the event has
Institute.
Mayor Pro Tem
announced
that
WHICH COUNCIL- . MEMBERS
)R_ DISCUSSION,.. CTION_ OR.
the
City Attorney H
42 event sponsored by
that the City is
the thi iennial Hoag Cup Regatta was a success
_$900,000 _ r the years for the Hoag Cardiovascular
Convention and Visitors Bureau (CVB)
had made welcoming remarks at the California
being held at the Newport Beach Marriott Hotel.
ES THE REGULAR MEETING AND ADJOURNED REGULAR
VG O JUNE 9, 2009.[100-20091 Waive reading of subject minutes,
as written and order filed.
R ING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of
ordinances and resolutions under consideration, and direct City Clerk to read
title only.
B. ORDINANCE FOR INTRODUCTION
3. ORDINANCE TO PROVIDE THE PUBLIC WORKS DIRECTOR THE
AUTHORITY TO ADOPT NEW EDITIONS OF. THE STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. [100-20091 a)
Introduce Ordinance No: 2009 -13 to add Chapter 75 of Title 15 of the Newport
Beach Municipal Code to adopt the Standard Specifications for Public Works
Construetibn, and pass to second reading on July 14, 2009; and b) set a Public
Hearing on July. 28, 2009, to add Chapter 75 of Title 15 of the Newport Beach
Municipal Code and adopt the ordinance.
Volume 59 - Page 195
City of Newport Beach
City Council Minutes
June 23, 2009
C. .. , FS UTION FOR ADOPTION
4. SALES TAX RECORDS. [100 -20091 a) Adopt Resolution No. 2009 -39
authorizing the City Attorney to enter into the contract governing access to
confidential taxpayer data related to certain claims of the City of Newport Beach
under the Bradley -Burns Local Sales and use Tax Law; and b) adopt Resolution
No. 2009 -40 authorizing Holland & Knight access to confidential taxpayer records.
D. CONTRACTS
TS
5. 5. POLICE DEPARTMENT GENERAT REPLACEMENT (C -4056) -
AWARD OF CONTRACT. [381100 -20 a) Approve the project plans and
specifications; b) award the contract (C, 6) to Gammill Electric, Inc. for the total
bid price of $245,958, and authoriz a or and the City Clerk to execute the
contract; c) establish an amount $36,800 % of total bid) to cover the cost of
unforeseen work.
6. 38TH STREET TIDAL S RUCTUREITI VALVE (C -3964) -
COMPLETION AN CE. [38/100 -200 ) Accept the completed
contract With and aufHote; e City Clerk to file a ice of Completion; b)
authorize the City Clerk to'iease the Labor and Materials Bond 35 days after the
Notice of Com lel on
x has bee "r ecorded in accordance with applicable portions of
the Civil Cod nd c) release Faithful Performance Bond one year after
Council accepts
7. OCEAN PIE RE ' (73) - COMPLETION AND
ACCEPTANCE. 00-201, cc t the completed contract with and
the City- e tale a Not f Completion; b) authorize the City Clerk
the Labor Materials Bond 35 days after the Notice of Completion
in cordance with applicable portions of the Civil Code; and c)
re Faithful Pe ormance Bond one year after Council acceptance.
AGE rLEY REPLACEMENT (C -3944) - COMPLETION
CCEP 100 -20091 a) Accept the completed contract with and
the City Cler to.file a -Notice of Completion; b) authorize the City Clerk
s e Labor and Materials Bond 35 days after the Notice of Completion
n re led in accordance with applicable portions of the Civil Code; and c)
the F hful Performance Bond one year after Council acceptance.
9. TRfFFIC SIGNAL MODERNIZATION PROJECT - APPROVAL OF
ND T N 0 ' TO THE PURCHASE CONTRACT WITH ECONOLITE
C TROL PRODUCTS, INC. (C 34b6). [38/100 -2009) Approve Amendment
1 to the Phase 1 Purchase Contract with Econolite Control Products, Inc. of
aheim,. California, for purchase and installation of advanced traffic signal
management equipment for Phase 2 and 3 of the Traffic Signal,. Modernization
Project, at a not to exceed.price of $307,337.70, and authorize the Mayor and City
Clerk to execute the Agreement.
11. IRVINE TERRACE LANDSCAPE IMPROVEMENTS - PERMISSION TO
INCREASE CONTINGENCY AMOUNT TO ACCOMMODATE
UNFORESEEN EXTRA WORK {C- 8865). [38!100 -2009] Authorize a total not -
to =exceed contingency amount of $37,018 (42% of the total bid amount).
Volume 59 - Page 196
City of Newport Beach
City Council Minutes
June 23, 2009
12. LEGAL ADVERTISING BID FOR FISCAL YEAR 2009 -2010. [321100 -2009J
Accept the bid of The Daily Pilot and authorize a purchase order for the one -year
period of fiscal year 2009 -2010.
E. MISCELLANEOUS
13. APPOINTMENT OF JAY MYERS TO THE ENVIRONMENTAL QUALITY
AFFAIRS COMMITTEE (EQAC). [100 -20091 Approve EQAC's recommendation
to appoint Jay Myers to a community association position on the Committee.
S26.
AUTHORIZATION TO PURCHASE
RADIOS. [381100-20091 a) Authorize th A
for the purchase of 700 MHZ portabl dios to establish countywide emergency
cb ' safeinteroperable communications grant
Interopeie- Communications (PSIC) grant
kna; and b) ap ove a budget amendment (09BA-
inges to the Polic d Fire Department budgets:
j& 1820 -4919, Po PSIC grant account, by
;ore appropriations in 0 -9300, Police Support
$137,161.88, for the gr funded purchases; 3)
ions in 1250 -9300, Narcotics Asset Forfeiture
by $51,512.30, from unappropriated NAFF fund
M es; 4) increase revenue estimates in 2320 -
Communications (PSIC) grant account, by
ire appropriations in 2320 -9300, Fire
rEROPERABLE PORTABLE
of Police to execute an Agreement
communication system using
funding through the Public St
administrator, the City of Sang
060) that makes the following'c
1) increase revenue es uiatei
$137,161.88; 2) increaexpenc
Services equipment a(Fft ,a
increase expenditure appropr
Fund (NAFF) equipment accoui"
balance for th 's matching
4919, Fire Pub Intero
$78,278.40; and 5) e
Operations equip , nt accoun�
CouncilMember expressed pre ition to th3?nvironmental Quality Affairs Committee
(EQAC) for no atin Jay Myers. S ; commended that Council discuss the use of contingencies
since they up b dget. dollars d referred to Item' 5 (Police Department Generator
city Nancewi� X0n14_ (Ordinance to Provide the Public Works Director the
n ions o Standard Specifications for Public Works Construction)
eeded to reflect that the public hearing and second reading of
the ordin
w overt. b 7a or 1'i�o 'rem Curr seconded by. Council Member: Rosansky to
al) ve the Conse Calendar, except for the item removed (10); and amend item (3) to reflect
that second rea ig of the or
and public hearing will be on July 14.
The motio rrie y the following roll call vote:
Ayes: Council mber Henn, Council. Member Rosansky, Mayor Pro Tern Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
10. AUTHORIZATION TO CONTINUE 'A CONTRACT WITH VAN SCOYOC
ASSOCIATES REGARDING ADVOCACY FOR DREDGING PROJECTS: UPPER
AND LOWER NEWPORT, BAY AND THE SANTA ANA RIVER MARSH/NEWPORT
SLOUGH (C-4032).[38/100-2009]
In response to. Council Member Gardner's question, Assistant City Manager Kiff explained
that past contracts with the firm were successful and believed that their connection and
Volume 59 - Page 197
City of Newport Beach
City Council Minutes
June 23, 2009
contacts with the U.S. Army,Corps of Engineers office in Washington D.C. is beneficial.
Council Member Daigle added that they personally delivered the legislation to Senator
Feinstein's Office and met with key staff. She believed that the firm has the
necessary background and noted that they worked proficiently with staff.
It was. moved b
y.Goune-il Member Gardner, seconded by Council Member Webb,
to a) authorize the City Manager to enter into Amendment No., 1 to the Professional
Services Agreement with Van Scoyoc Associates for up to $60,000 to advocate for dredging
the Lower Bay and for funding the Upper Bay Ecosystem Restoration Project; and b)
approve a budget. amendment (09BA -059) appr dating . $60,000 from Tidelands
unappropriated fund balance, 230 -3605, to Harborsources' Professional and Technical
Services account, 2371 -8080.
The motion carried by the following roll ca e: q„
Ayes: Council Member Henn, Council mber Rosau%s, Mayor Pro Tern Curry, Mayor
Selich, Council Member Webb, uncQ Member Garcr, Council Member Daigle
XIV. ORAL REPORTS FROM CITY -COU .IL .O OMMITTEE ACTI 1rES
VT Council Member Daigle reported, that th iation Committee heard presentations on recent
Federal litigation. She also reported that s articipated in a regional planning panel at the
University of Southern Calif a (USC) that working to try to move passengers inland
and indicated that they are in s f the rail sy s that are being planned.
Council Member Henn reporte that onomic velopment Committee (EDC) heard
a presentation by Coastline Com nity Co no that they are currently planning to
build a 60;000 sq „ foot learnin cen . He in that the EDC adopted a resolution in
support of the atl t io 1 funding for staurant Association. He also reported that the most
recent reason a acco modation he g. for Kramer Center is no longer necessary because their
application been withdrawn an that this location is now subject to abatement. The
reasonable acco; od 'on and use per hearing for Newport Recovery is scheduled for July 7 at
3:00 p.m. nd they�l lawsui gainst the City for violation of Fair Housing Laws.
XV. LIC HE G
Without objection, ayor ch requested that. items 14, 15 and 16 be considered at the same
1VN BALBOA LLAGE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL: .
ONDUCT UBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF
BUS SS. IMPROVEMENT DISTRICT FOR FISCAL YEAR 2009 -2010. 1100-
15. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR RENEWAL OF
THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2009 -2010. [.100-
20091
16. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT (BID) RENEWAL:
PUBLIC HEARING AND .RESOLUTION FOR RENEWAL OF THE BUSINESS
IMPROVEMENT DISTRICT FOR FISCAL YEAR 2009-2010.[100-20091
Economic Development Coordinator Bowden reported that no protests have been received.
Mayor Selich opened the public hearings, Hearing no testimony, Mayor Selich closed the
Volume 59 - Page 198
City of Newport Beach
City Council Minutes
June 23, 2009
public hearings.
It was moved by Council Member Gardner, seconded by Council Member Webb.
to a) adopt Resolution No 2009 -41 for the renewal of the Balboa Village Business
Improvement District (BID) confirming the levy of the BID assessment for the 2009 -2010
fiscal year, b) Resolution No 2009.42 for the renewal of the Marine Avenue Business
Improvement District (BID) confirming the levy of the BID assessment for the 2009 -2010
fiscal year, and c) adopt Resolution No. 2009.43 for the renewal of the Corona del Mar
Business Improvement District (BID) confirming the levy of the BID assessment for the
2009 -2010 fiscal year.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
17. RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (BID)
RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION FOR
RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL. YEAR
2009 -2010. 1100 -20091
Economic Development Administrator De Santis reported that staff received one
anonymous objection. She indicated that the Restaurant Association Board met and voted
to pursue a course of action to raise the levy.
In response to Council Member GardneVe question, City Manager Bludau stated that he
did receive an email from Andrew Crean (Villa Nova Restaurant) which was not forwarded
to staff.
Mayor Selich opened the public hearing.
Jim Walker reFpgmd that the Restaurant Association Board formally approved pursuing
op grease $p the `lisomments. He believed that the anonymous letter was sent by a
ts
res t owitgr who felt that the Restaurant Association should have taken a stronger
stanI pose" #6e styrofoam ban. He stated that they are asking for an additional
525,000 tZ- tse for`,advertising /marketing and noted that restaurant businesses bring
support tot oommit'I�t' y through donations and hiring within the community.
Council I ber Gardner expressed support for the Restaurant Association and
asked them address the issues raised in the email.
, President of the Restaurant Association, thanked Council for their
Scott Perry, Tommy Bahama's Grill, thanked Council for their support and stated that in
the past, Restaurant Week increased their sales and revenue.
Chris St. James, Five Crowns Restaurant, expressed support for Restaurant Week and
thanked Council for their support and consideration.
John Lee, Fuji Yama/Fyji Grill, expressed support for the Restaurant Association.
After hearing no further testimony, Mayor Selich closed the public hearing.
Assistant City Manager Wood noted that the protest received was from the Villa Nova
Volume 59 - Page 199
City of Newport Beach
City Council Minutes
June 23, 2009
Restaurant which does not represent 50% of the total assessments.
Council Member Daigle stated that she would like a report that include detail on the hours
used to perform the various tasks during the marketing aspect of Restaurant Week.
It was by Coup Pit. Member Rosansky,,seconded. by Mayor Pro Tern Curry,
to. adopt Resolution No: 2009 -44 for the renewal of the Restaurant Association Business
Improvement District (BID) confirming the levy of the BID assessment for the 2009 -2010
fiscal year.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council
Selich, Council Member Webb, C
XVI. P_ UBLIC COMMENTS - None
XVII. PLANNING
18. PLANNING COMMISSION
Planning Director Lepo reported on
West Coast Highway,
XVIII. CONTINUED BUSINESS
19. FISCAL YEAR 2009 -10 I
Mayor ch'offeted
the bud�ehe %, liat to help t
Coun ' m the ture if funds
noted
Mayor Pro Tern Curry, Mayor
ier, Council Member Daigle
JUNE 18, 2009.
item: Chronic Tacos (PA2009 -050) - 4525
re tli *crack Bay View Enhancement from
get goals; however, noted that he will bring it back to
available.
she is opposed to moving a Park. Patrol position from
11, wa Jvea - Councit mHenn, to
adopt on 2009 -45 amended
by the d Bud Checklist. The mried by t e foll owing roll call vote:
Couneff Member Henn; Council Member Rosansky, Mayor Pm Tern Curry; Mayor
ea:
Selic Council Member Webb, Council Member Gardner, Council Member Daigle
20. APPOWMENTS TO BOARDS AND COMMISSIONS. (100 -20091
Council stated that the applicants were of high caliber with tremendous talent and
encouraged residents to continue to apply.
Council Member Rosansky abstained from voting for Art Commissioners since Robyn
Grant is his sister.
City Clerk Brown read the ballot votes for the Board of Library Trustees as follows:
Stephanie Murguia (Henn, Rosansky, Webb, Daigle, Gardner, Mayor Pro Tem Curry,
Mayor Selich)
Volume 59.- Page 200
V
City of Newport Beach
City Council Minutes
June 23, 2009
City Clerk Brown announced that Stephanie Murguia is reapointed to the Board of
Library Trustees for a four -year term.
City Clerk Brown read the ballot votes for the Arts.Commission as follows:
Carole Boller (Henn, Webb, Daigle, Mayor Pro Tem Curry, Mayor Selich)
Robyn Grant (Henn, Webb, Daigle, Gardner, Mayor P Tem Curry, Mayor Selich)
Christopher Trela (Henn, Webb, Gardner, Mayor ' ro Tem Curry, Mayor Selich)
Michael Magrutsche (Daigle, Gardner)
City Clerk Brown announced that Robyn Grant is r ointed and Carole Boller and
Christopher Trela are.appointed toi Arts Commissio r a four -year term.
City Clerk Brown read the ba votes for the Civil ServicN13d as follows:
Maiqual Talbott (Henn, Rosansky,bb, Mayor Pro Tem Curry, Mayor Selich)
Barry Baldwin
City Clerk Brown anno ncea >bteMsfor ua
Board for a four -year to
City Cle n read the _llthe
Pro T em
is appointed to the Civil Service
Commission as follows:
Rol dhe (Henn, Rosa y, Webb, Gardner, Daigle, Mayor Pro Tem Curry, Mayor
Selich)
Vincent Vaes (Web Gardner, Daigle, Mayor Selich)
City Clerk i1rown announced that Ralph Rodheim is reappointed and Vincent Valdes is
&ppointed tj the Harbor Commission for a four -year term_
Brown read the ballot votes for the Park, Beaches, and Recreation as
Phillip Lugar (Henn, Webb, Gardner, Daigle, Mayor Pro Tem Curry, Mayor Selich)
Marie Marston (Henn, Rosansky, Webb, Gardner, Daigle, Mayor Pro Tem Curry, Mayor
Selich)
Jack Tingley (Rosansky)
City Clerk Brown announced that Phillip Lugar and Marie Marston are reappointed to
the Parks, Beaches, and Recreation Conunssion for a four -year term.
Volume 59 - Page 201
City of Newport Beach
City Council Minutes
June 23, 2009
I
City Clerk Brown read the ballot votes for the Planning Commission as follows:
Bradley Hillgren (Henn, Rosansky. Webb, Daigle, Mayor Pro Tem Curry, Mayor Selich)
Timothy Stoaks (Gardner)
Michael Toerge (Henn, Rosansky, Webb. Gardner, Daigle, Mayor Pro Tem Curry, Mayor
Selich)
City Clerk Brown announced that Bradley H Ogren and Michael Toerge are
reappointed to the Planning Commission for a four_; ar term.
21. DISPOSITION OF SURPLUS ASSESSMENTV- DISTRICT IMPROVEMENT FUNDS
FOR ASSESSMENT DISTRICT NOS. '`r(BA'OA BOULEVARD), 78 (LITTLE
BALBOA ISLAND), AND 82 (CORONAEL MAR89 1100 -20091 1.
22.
Finance Officer Matusiewicz stated at Council needs O „ ke action to determine the
disposition of surplus improvem elundgVrior to distribut He noted that there are
three undergrounding district rat mplete and staff is r' mending charging the
intereaton funds advanced by y, declaring the bala a as a surplus, and
receiving direction from Council as distribution of improvement fund balances in
those districts.
In response to Council Finance Officer Matusiewicz stated that on Little Balboa
Island, approximately $I 00 w aid b )un whole for residents who paid upfront,
and residents who are rrently will%ceive an overall deduction in their
payments. He stated that t Act c s for t Fund to go to the current owner and noted
that this ' ame process as been done tprior.
It w move by Council,_. mber,.Webb. seconded by iCouncil Member, Henn, to
adop solut' n Nos. 2009 -46, 009 -47, and 2009 -48, which authorize the City to charge
the Asse a icts interes or funds advanced to it, declares the remaining balance
Ins, pro is direction as to the distribution of improvement fund
a in sment Dist os. 71 (Balboa Boulevard), 78 (Little Balboa Island), and
82 (Cor del 1.
The motion rried b 'following roll call vote:
Ayes: Counc Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich Council Member Webb, Council Member Gardner, Council Member Daigle
IN OF ADOPTION OF POLICY AND PROCEDURES FOR CITY
OF TICKETS OR PASSES THROUGH THE CITY. [100 -20091
City Attorney Hunt discussed the new regulations adopted by the Fair Political Practices
Commission (FPPC) relating : to passes and tickets that are given to the City and
distributed to public officials. He proposed.a policy that identifies public purposes for the
use and provides procedures for their distribution. He noted corrections to the proposed
policy: Section II.D.2 should reference Section II.A and' add to Section II.B.4.e, .. "or
distributed to a 501(c)(3) non - profit, charitable organization that does business within the
City.^
It was moved by Mayor Pro Tem.0 by Council Member Webb, to
Volume 59 - Page 202
City of Newport Beach
City Council Minutes
June 23, 2009
approve the new Administrative Services Policy F -27,. "Policy and Procedures for
Distribution of Tickets /Passes," as amended.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle .
23. AMENDMENT OF CAMPAIGN CONTRIBUTION ORDINANCE, AS REVISED, TO
INCREASE THE LIMIT ON INDIVIDUAL CA&VAIGN CONTRIBUTIONS TO
$1,000, AND PROVIDE FOR ADJUSTMENT OFbNTRIBUTION LIMITS BASED
ON THE CONSUMER PRICE INDEX. [100 -200
City Attorney Hunt stated that Council cool mx the ordinance to raise the campaign
contribution limit to $1,000 and suggeste at the or
be permitted to apply a cost
of living adjustment. He stated that a action is sistent with standard practices
throughout the State. - A✓�
Lucille Kuehn expressed
contributions would cause
the lower amount.
Novell Hendrickson e
not allow a level pt
participating because
contributions is per
received from the pre
City Attornff Hunt cl
the item'
limit anZq
He stated
another r
suggested
City's
Curry stated
iroad group
rces. He statf
"ith the
at increasing the .. mount of campaign
on candidates. She d Council to keep it at
mcern � - t increasing the limit on contributions does
and . bet d that it will hinder some people from
nt of mon to be raised. She asked if the amount for
election Le. She showed the mailers that she
n ved t t most of the them are thrown away.
t contrib are per election cycle.
t increasing the contribution encourages people to raise
ntributors instead of using self - funding or anonymous
tat postage rates have increased and recommended that
aof living increase by the City Clerk.
N4Henn expresd support for the increase to the campaign contribution
t contributors are not required to provide the maximum limit amount .
he has also grown in size due to annexations and believed that this is
for ing the amount to $1,000 to adjust for changed vnditions. He
the contribution limit calculation by the City Clerk be reviewed by the
Services Director for accuracy, rounded to the nearest $100, and posted on
fiber Gardner believed that candidates should broaden the number of
instead of increasing the limit and noted that she would like the
to remain the same.
In response to Council Member .Gardner's questions, City Attorney Hunt stated that
discussion about appointed terms will be brought to Cour}cil at a July meeting.
It was moved by Mayor Pro Tem Cu4v, seconded by Council Member Henn, to
introduce amended Ordinance No. 2009 -14; amending Chapter 125 of the Newport Beach
Municipal Code, and pass to second reading on July 14, 2009.
The motion carried by the following roll call vote:
Volume 59 - Page 203
City of Newport Beach
City Council Minutes
June 23, 2009
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Daigle
Noes: Council Member Webb, Councit Member Gardner
24. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE
CITY COUNCIL'S 2009 PRIORITIES. [100 -20091
Public Works Director Badum provided a report on the Traffic Management Plan. In
response to Council Member Gardner's question, he stated that at this time, traffic
management is not staffed during the weekend unless so event is scheduled.
Assistant City Manager Kiff provided a report o�he schematic phase of the Newport
Beach Civic Center and stated that the project ion schedule, 50% of the schematic plans
are done, the Draft Environmental ImpayRed r IR) is ant icipated to be distributed by
September 1, and approval of the sche esi base and adoption of the EIR is
scheduled to occur on November 24. lich i ted that the project should be
broken down to components to prese ; a clearer view of much is being expended for
City Hall,
City Attorney Hunt announces +Xat e Calif ornia Court of A al 4th District Court
agreed that the City conducted thn on Measure B correctly nd stopped Mr. Beek's
appeal of the decision.
Public Works Director °1�:Am provided a ort on public parks and recreation facilities,
including the objectives, t atea, and I ions. City Manager Bludau stated that
using synthetic turf will Help wit cing wa used. Recreation and Senior Services
Director Detweiler stated tat the 0 "„ a fo he Corona del Mar Youth Center will
be on September 14 and'tha*ed t ubFic Department for their help.
Assist CitLand Woo'-, a report regarding the land use for the Banning
Ran propeated [*' t the consultantis nearly complete on researching the feasibzYl of he Ba g Ranch Appraisal and Acquisition Ad Hoc Committee
will revie ort and b ' g it to Council by August.
In res` e t until Member Daigle's question, Assistant City Manager Wood noted
the optio in t General Plan and believed that the City should support the plan
that prese s most he land as Open Space.
In response Council Member Daigle's question, Assistant City Manager Kiff stated that
there is no cord of the City supporting SB219 and has directed the City's lobbyist to
114 ke sure at the author of the Bill knows that Newport Beach did not support it. He
st that a only way the City takes positions on legislation is if it is consistent with the
adop 1 slative platform. He noted that it would have to be brought to Council if it is
cwntrar that.
Regarding water quality improvement projects, Assistant City Manager Kit reported that
the priority will combine the Water Conservation and the Water Quality Master Plan.
It will go to Coastal/Bay Water.Quality Committee fast and then brought to Council.
Assistant City Manager Kiff reported that the remaining funds for dredging the Lower
Bay were provided by the Federal. stimulus package. He stated that staff is working on
disposal options, He also stated that, in terms of long term funding, $3.8 million has been
set aside from the American Trader Oil Spill to be used for future dredging
projects. Council. Member Gardner stated that the Coastal/Bay Water Quality Committee
Volume 59 - Page 204
City of Newport Beach
City Council Minutes
June 23, 2009
is discussing implementing a maintenance program for dredging
25. ORDINANCE NO. 2009 -12 AMENDING THE SUBDIVISION ORDINANCE, TITLE
19 OF THE MUNICIPAL CODE, RELATIVE TO LOT LINE ADJUSTMENTS. [I00-
2009J
Mayor Selich recommended removing this item to allow for more discussion and refer it to
a Study Session meeting.
It was moved _Qouncil Mem12,�r Webb, seconI_ Council Memb¢r Henn, to
remove the item and refer it to a Study Session mee
The motion carried by the following roll call vo f
Ayes: Council Member Henn, Council
Selich, Council Member Webb, C
XX. MOTIO?�FOR R -ECDNSIDERATION -
u
XXI. ADJOURNMENT -Adjourned at 8:4f$j
The agenda for the Regular Meeting VM
City Hall Bulletin Board 1 ated outside
Building. The supplement nda for
2009, at 3:20 p.m on the Cit lletij
Beach Administration Buildin .
City Clerk
ier Ros\ChloeBlo
ro Tern Curry, Mayor
Member ncil Member Daigle
mory of
ed on June 19, 2009, at 2:00 p.m. on the
City of Newport Beach Administration
egular Meeting was. posted on June 17,
located outside of the City of Newport
Recording Secretary
Mayor
Volume 59 - Page 205