HomeMy WebLinkAbout01 - 07-28-2009 - MinutesAgenda Item 111
August 11, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
July 28, 2009 — 3 :00 p.m
I. ROLL CALL
Present: Council Member Henn, Mayor Pro Tern
Council Member Gardner, Council Memb�
Absent: Council Member Rosansky
II. CURRENT BUSINESS
1. CLARIFICATION OF
In response to Council Member Da
Temporary Part -Time Deputy City
and Add Regular Pa e Office
Attorney Hunt explaine tra
In response to Council '
Bulkhead and Seawall
continge „ ds from the
that
more
Selich, Council Member Webb,
's question regarding Item 14 (Request to Upgrade
A rney to Regular Part -Time Deputy City Attorney
ce Ass nt to the Office of the City Attorney), City
staff is riot( to keep up with the workload.
's que n regarding Item 6 (Balboa Island
b k Director Badum believed that the
re used epair walls at Bob Henry Park and noted
at the Council meeting.
Co Mem r Henn noted at Item 20 (Adoption of Assessment District Balloting
Guideli fo osed New o ncreased Special Assessments) had words missing and
)websi m r on before the regular meeting tonight.
F W WEB SITE. 1100-20091
ation ager Finnigan showed a PowerPoint presentation introducing the
and no that the City selected Vision Internet as the consu ltant. She
redesign process, Website Committee, the project participants, and noted
mail extension and website address will automatically transfer to the new
ses and website.
Mag g, Vision Internet, discussed how the website was redesigned, stated that their
main us was to evaluate the City's website to make it more user - friendly, and noted
that the new website provides multiple paths to the same information. She demonstrated
how to access the web pages, pointed out the new features of the website, and emphasized
that the new website has the capability to be updated by any City staff.
City Manager Bludau noted that the website update was a Council Priority to assist in
better communicating with residents.
Council Member Gardner expressed appreciation for the redundancy in accessing
information, Mayor Pro Tem Curry noted that the staff directory has been greatly
improved, Council Member Kenn commended staff for their hard work, and Council
Member Daigle expressed appreciation for the social networking capabilities that the new
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City of Newport Beach
City Council Study Session
July 28, 2009
website provides.
3. PROPOSITION 218 PROCEDURES. 1100-20091
Utilities Director Murdoch reported that the Utilities Department is proposing an increase
to the water rate due to the increase in cost of imported water and mandatory reductions
in the water supply. He noted that there are seven steps that the City has to adhere to
according to the California State Constitution and noted that if 51% of the property owners
protest the rate increase, it cannot pass. s
In response to Council Member Henn's question, ecial Counsel Sperry stated that the
protest procedure in Section 6 is outdated and at he has not seen a majority protest
since November 1996. He stated that Counci the discretion to add a new paragraph
or statement regarding recount procedur City torney Hunt stated that he is not
opposed to adding references pertaining recoun d believed that Council has the
authority to authorize themselves make the dec to require a recount at a
subsequent Council meeting shout 7et"
ting be withi ' certain amount. Mayor Pro
Tem Curry stated that there is neediscretion fora unt and supported City
Attorney Hunt's suggestion to sp par r for the a mount o S.
Council Member Webb stated that
counters to act faster than they
a separate meeting. hi-
In response to City M;
the State legislature has
property tax issues.
the
Murdoch
=s, but no
assessment districts place a burden on the ballot
ii and suggested conducting the tabulation at
Special Counsel Sperry stated that
,es because water and sewer rates are
that there are no regulations that require the City to
t staff is seeking direction from Council.
?-bb believed at the recount issue pertains to assessment districts and
u. and large number of ballots, a recount will most likely
ncil e r Gardner agreed and stated that she is comfortable with
PLAN (RAMP). (100 -20091
bor Resrces Manager Miller discussed the Harbor Area Management Plan (RAMP)
added at it provides a framework for future work to be done in the Harbor.
Davy Weston Consulting, utilized a PowerPoint presentation to highlight the
objecti , scope, benefits, goals, and challenges. He discussed dredging requirements and
contaminated sediment management, eelgrass capacity and management tools, beach
replenishment strategies, water quality, hydrodynamic and water quality numerical
modeling, regional permits, sea level rise and flood control management, Upper Bay
sediment control, Upper Newport Bay restoration and management, and harbor area
management tools.
In response to Council questions, Mr. Poll stated that the document was started two years
ago so the information will be inaccurate at this time and noted that they can modify the
information to make it current. Harbor Resources Manager Miller added that the City took
the initiative to do the testing to jumpstart the dredging project because the U.S. Army
Corps of Engineers did the testing in 8003 and it failed. He stated that the City made a
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City Council Study Session
July 28, 2009
commitment to help identify problems and develop a solution for the contaminants and
then the U.S, Army Corps of Engineers will dredge the Harbor. He noted that the
information in the plan includes suggested steps and emphasized that the document is a
guideline, using general language, to be viewed as framework to show integration of the
different components. He stated that the table can be revised to include ranges and the
plan can be used to assist in identifying potential funding. He discussed impacts of
changing the bulkhead and indicated that the figure on page 30 pertaining to eelgrass will
be removed. Council Member Webb expressed support for the plan and stated that there
are situations where the bulkhead line is the propert line and noted that the Mariners
Mile project is asking for an adjustment to the pierh line.
City Manager Bludau stated that prior to
Commission, authorization is needed from
support for the plan and emphasized t
Member Henn commended staff a'n'Rd ° -t e
and stated that the plan needs to be inept cur
5. MARINE LIFE
s presenting information to the Harbor
Council Member Gardner expressed
Coun hould be kept informed. Council
Harbor mission for their hard work,
A) ISSUES.
Assistant City Manager Kiff pres` a PowerPoint presentation 1hat included a glossary
of the following terms: Marine Life- Mytection Agency (MLPA), MLPA Initiative, Marine
Protected Areas (MPA ttheix Marine (SMP), State Marine Reserve (SMR), and State
Marine Conservation MCA). He di used the five study regions, the MPA process,
and the MLPA initi He hig ted the key individuals involved in the
process, the timeline, M o osals," the e xisting MPAs, and discussed the
input provided by the ding ce es.
In reap _ ouncil quest until Member Daigle stated that the nine mile radius
is th acing deline and cussed the groups in the MLPA process and their purpose.
Co Mem r Gardner n d that, in the past, the fishermen helped with the
enforce ent rotecting marl life areas. She believed that the program is a good
a roach she to d to the Dory fishermen and they felt they would not be
d b plan.
Mayor co ended Assistant City Manager Kiff for the explanation of the program.
Ken Kram Califor State Parks, discussed their role in the MLPA process and noted
that enforce ent of the plan is handled by the California Department of Fish and Game.
avid Pry , Senior Environmental Scientist for the Orange County District of
S, 1 a that the Act protects the coastline and discussed the importance of national
and to c resources. He noted the importance of eco- tourism to educational programs.
Counc>1 Member Gardner and Mayor Selich stated that they would like to look at the plan
again to discuss the effects on the community and to revisit environmental concerns.
Council Member Gardner added that she believed that the Topaz proposal provided the
most protection for Newport Beach.
In response to Mayor Pro Tern Curry's question, Mr. Pryor stated that the most productive
area is closer to shore and noted that the day fishermen are not affected by the Act.
Council Member Daigle noted that there are fishing uses that can be allowed in the area.
Mijo Mizara, Orange County Coastkeeper, expressed support for the project and provided
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City Council Study Session
July 28, 2009
education material.
III. PUBLIC COMMENTS -None
IV. ADJOURN,? NT - 5:10 p.m
The agenda for the Study Session was posted on July 22, 2009, at 4:15 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
Regular Meeting
July 28, 2009 — 7:00 p.m.
1. STUDY SESSION - 3:00 p.m
II. CLOSED SEE SION - 5:10 p.m.
A. Public Emulovee Perf
The City Council will meet ' elos session to Sider the appointment,
employment, evaluation of p rma discipline, or issal of three public
employees.
Titles: City Manager, City Attov " �gnd City Clerk
III. RECESS
IV. RECONN
V. ROLL CALL
Present: Cou tuber Henn, 'Co Member sansky, Mayor Pro Tem. Curry, Mayor
S . Co cil Member Council Member Gardner, Council Member Daigle
VI. CLOSEWMSSIOX REPORT -
VII. P OF ou 1 Member Rosansky
VIII NVOC T - Ra Marc Rubenstein, Temple Isaiah
P ESE TAT
oclarnation H poring uane Hastings, Founder of the "Newport Beach Bat Rays"
Travel Ba hall Team - Council Member Curry read the names of the players who
attending: a Cooperstown tournament and Mayor Selich presented the proclamation
to Dua ast s.
Presentati f Check by the Friends of the Newport Beach Library - Friends of the
Newport Beach Library President Hirsch presented a check for $205,700 to Mayor Selich.
California Department of Forestry Tree Ceti! USA Presentation - Parks and Trees
Superintendent Sereno, Urban Forester Conway, and Urban Forester Short commended City
Manager Bludau's consistent support of the Urban Forestry Program, and presented
the Tree City USA Award for the 19th consecutive year and the Tree City Growth Award for
the 14th consecutive year to Mayor Selich.
XV. PUBLIC HEARINGS
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City Council Minutes
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0
XI.
16. PROPOSED ASSESSMENT DISTRICT NO. 103 - AREA GENERALLY
BOUNDED BY G STREET, E. BALBOA BOULEVARD, CHANNEL ROAD,
AND OCEAN BOULEVARD - FOR UNDERGROUNDING UTILITIES AND
DESIGNATION AS AN UNDERGROUND UTILITY DISTRICT.
Assessment Engineer Cox clarified a change to the Engineer's report which reduces
the total contingency amount by approximately $24,000 and all assessments by
0.39 %.
Mayor Selich opened the public hearing.
Roberta Schmidt expressed. concern for a
the assessment should not be approved du
Jeff Frederick requested
interest rate of 5.75 %.
Allen Gunther requested "I•ifi
would represent a financial I
Assessment .Engineer Cox clarif
one year pre -paid fu, d d interest.
mainline infrastru5 so. hoi
overhead wiring could
wiring.
in the assessment and believed
economic times.
the
relative to the
term regarding the bond
costs, which
the 5.75% estimated annual rate is a
the assessment district only handles the
with properties that currently have
0 to $5,000 to convert to underground
Ed Kush ussed the 14orts the Bal s Anti -Debt Organization to stop the
nass of o . nosed AssesAu& District No. 103.
Gardner 'iarified that assessment districts are initated by
Xg'A ' her tes flayor Selich announced that all written protests and
e turned in at this time and closed the public hearing. He announced
will ' ulate the ballots and then Council will take action on the issue
when theaults returned to the City Clerk.
Council Member Daigle expressed her appreciation to the lifeguards for their efforts over the
weekend. She also announced that the 43rd Balboa Yacht Club Junior International Match
Racing Championship was held from July 14 -18 and included twelve teams from various
cities and countries.
Council Member Gardner announced the reopening of the Corona del Mar Library, which
extended its hours on Tuesdays and Wednesdays to 10:00 p.m. She also requested a staff
reportrelative to a City -wide policy for displaying banners and signs for special events; and
requested that the Harbor Resources Division look at the possibility of amending the
blackball hours.
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Council Member Henn thanked the lifeguards, Police Department, and Fire Department for
their hard work over the weekend. He announced that there were approximately 270,000
visitors, 908 rescues made, 232 rescues that required medical attention, and one fatality;
and that the City will provide a one -time relief on parking tickets issued to Peninsula Point
residents over the weekend. He also suggested working with the Peninsula Point
Association to increase public safety by designing a back -up solution to manage future traffic
congestion in the neighborhood.
Mayor Pro Tem Curry thanked Senator Harman, Asseman DeVore, and Assemblyman
Tran for voting against Proposition IA, recognized the gue of California Cities (LCC) for
opposing the State's taking of gas . tax funds; and _ quested a report on the impact of
securitizing money and where the money will con! o He also discussed the increase in
graffiti, encouraged residents to re port graf I ciden the Graffiti Hotline (949 -644-
3333), and proposed providing a_$1,000 rew� if perpetra are caught since this can be
paid by the petrators.
XII. CONSENT CALENDAR
A. READING OF M
4. RIE (PA 200
5 -196) - 201 -205 & 207 CARNATION AVENUE AND
D 1 1 BAYSIDE PLACE: CODE AMENDMENT NO. CA2005 -009. Adopt
Vfrdinance No. 2009 -15 amending Zoning Districting Map thereby approving
e Amendment No. 2005 -009. [Council Member Gardner and Council
mber Rosansky voted no on this item.]
D. RESOLUTION FOR ADOPTION
5. RESOLUTION APPROVING AMENDED JOINT POWERS
AGREEMENT, INCLUDING BYLAWS, FOR THE ORANGE COUNTY
COUNCIL" OF GOVERNMENTS ( OCCOG), WHICH DEFINES BOARD
MEMBERSHIP, VOTING PROVISIONS, DUES AND OTHER OCCOG
OPERATIONAL ISSUES. a) Adopt Resolution No. 2009 -55 approving an
amended and restated Orange County Council of Governments ( OCCOG)
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July 28, 2009
Joint Powers Agreement; and b) authorize the Mayor and City Clerk to
execute the amended and restated Joint Powers Agreement, and transmit
the signed OCCOG Joint Powers Agreement to the OCCOG Interim
Executive Director.
E. CONTRACTS AND AGREEMENTS
6. BALBOA ISLAND BULKHEAD AND SEAWALL REPAIRS (C -3962) -
COMPLETION AND ACCEPTANCE. a) Accept the completed work and
authorize the City Clerk to file a Notice o£mpletion; b) authorize the City
Clerk to release the Labor and Material. nd 35 days after the Notice of
Completion has been recorded in acoo ance with applicable portions of the
Civil Code; and c) release the Faith_ Performance Bond one year after
Council acceptance.
7. FISCAL YEAR 2008 -200 RAFFIC SIG \a' BILITATION (0-
4102) - COMPLETION D CCEPTAept the completed
work and authorize City lerk to fiof Completion; b)
authorize the City rk to ease the Labials Bond 35 days
after the Notice of etion has been accordance with
applicable portions of Civil Code; and c) release the Faithful
Performan Bond one year r Council acceptance.
8. COASTAL SS AN PEDESTRIAN CIRCULATION
IMPROVEM T 8) - A D OF CONTRACT. a) Approve the
project plans specifi - b) a the contract (C -3628) to Golden
State Construc Inca, I r to bid price of $1,006,579.92, and
rize the Ma r City Cler execute the Contract; c) establish an
am t of $100,65 to cover the cost of unforeseen work; and d) approve
a dget amen ent (10BA -005) appropriating $50,000 from the
un propriated Oce Front Encroachment fund to Account No. 7028-
3 iver Ave a Pedestrian Access Improvements).
NN -CALL SERVICES - APPROVAL OF
TO PROFESSIONAL SERVICES AGREEMENT WITH
S ENGINEERS, INC.; PROFESSIONAL SERVICES
WITH SO CAL WALDEN, INC. DBA WALDEN &
AND PROFESSIONAL SERVICES AGREEMENT
TH C &C ENGINEERING, INC. DBA CNC. a) Approve Amendment
1 to Professional Services Agreement with Civil Works Engineers, Inc.
on -call engineering services, and authorize the Mayor and City Clerk to
ute Amendment No. 1; b) approve Professional Services Agreement with
Walden, Inc. dba Walden & Associates ( "Walden & Associates ") for
on-call engineering and surveying services, and authorize the Mayor and
City Clerk to execute the Professional Services Agreement; and c) approve
Professional Services Agreement with C &C Engineering, Inc. dba CNC
("CNC ") for on-call engineering services, and authorize the Mayor and City
Clerk to execute the Professional Services Agreement.
10. PROFESSIONAL SERVICES AGREEMENT WITH SOUTHLAND
LANDSCAPE MAINTENANCE FOR WEED ABATEMENT. Approve
the agreement with Southland Landcare Maintenance for weed abatement
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)III.
services at various City -owned properties, and authorize the Mayor and City
Clerk to execute the Agreement.
F. MISCELLANEOUS
11. ADOPTION OF COUNCIL POLICY D -5 - CITY WEBSITES
REGARDING THE MANAGEMENT OF THE CITY S WEBSITE.
Review and adopt Council Policy D -5 - City Websites.
12. BUDGET AMENDMENT TO ACCEPi A CHECK FROM THE
FRIENDS OF THE NEWPORT BEACH LIBRARY AND
APPROPRIATE FUNDS TO THE �RARY S MAINTENANCE AND
OPERATIONS BUDGET ACCO STS FOR FY 2009 -10. Approve a
budget amendment (lOBA -006) crease venue estimates by $205,700 in
Account No. 4091 4tame of the UV. . ry Donations), and increase
expenditure estima amount in' vision 4091.
13. REQUEST FROBEACH CH R OF COMMERCE
FOR CITY COUN AL TO WAIVE T SPECIAL EVENT
PERMIT FEE A MBURSEMENT F *S ASSOCIATED
WITH CITY EMRKING THE TASTE OF NEWPORT
EVENT ON SEPT, 2009. Waive the fees as requested.
15. OP Xthety� F SEWER SYSTEM MANAGEMENT PLAN (SSMP).
opt s Sewer System Management Plan as required by the State
k ter s Control Boar d (SWRCB).
C cil Member rdner provided corrections to the minutes from the July 14 meeting.
It wa ed Ma or Pro Te urr se nded b Cou it Member Rosans to
approve t C sent Calendar; and noting the "no" vote on Item 4 by Council Member
Gardner an until Member Rosansky and the amendment to the minutes (Item 1).
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
ITEMS REMOVED FROM THE CONSENT CALENDAR - None
ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle reported that the Aviation Committee's Air Quality Study will have
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XV.
M]
results on air quality impacts in approximately six months.
Council Member Henn discussed the mission of the Economic Development Committee
(EDC), reported on . a presentation EDC received by the Co -Star Group, reported on a
presentation by Economic Development Administrator De Santis regarding work done by the
Buxton Group to help identify tenant spaces, and noted how these efforts help to improve
the economic environment.
Mayor Selich reported that, after two years, the I
Implementation Committee has a revised draft of the
viewing on the City's website.
PUBLIC HEARINGS - Continued
17. ADOPTION OF ORDINANCE
WORKS DIRECTOR THE AUTI
STANDARD SPECIFICATION
Public Works Director Bad
specification process, provi
enable staff to stay current on
Webb, to adopt Ord o- 2009 -13
Beach Municipal Co t to t the
Construction.
The mo ' arried by th &Jbllo. " g roll
Plan/Local Coastal Program
)de and that it is available for
s`2009 -13 PROVIDE THE PUBLIC
TY TO AD Xw NEW EDITIONS OF THE
UBLIC WO CONSTRUCTION.
t the ordinance will aniline the standard
;sary tools to execute pital projects, and
specifications.
Chapter 75 of Title 15 of the Newport
ird Specifications for Public Works
Member H Council Member Rosansky; Mayor Pro Tem Curry,
Selich, Counc Member Webb, Council Member Gardner, Council
r Daigle
Leonard Po eque permission to scuba dive in areas other than Balhoa Peninsula or
Ltal Cave, ed ab opening Cameo Shores to the public, and requested clarie legality o uba g at Little CoronaCouncil Mmber Gardner noted that the
tal Commis n has gr dfathere d Cameo Shores as a private area and Mayor Selich
mmended co acting the Harbor Resources Division to discuss scuba diving rules and
Diane R Yar d Julie Matteson utilized a handmade drawing to suggest locations where
parking sh e prohibited and requested that the existing fire lane on one side of Ridge
Park Road oastal Peak be extended.
Dr. Anna Harps suggested that flashing signs be erected in the Ridge Park Road area to
remind motorists to slow down, and expressed support for eliminating parking on one side of
the street.
Jim Sweet expressed concern about the high speed motorists driving near the Newport Coast
Elementary School and requested suggestions from Council on how to make the area safer.
Alan Marks requested that Council revisit the idea of erecting a stop sign on the downhill
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City Council Minutes
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XVII.
slope of the road in the Ridge Park area. Public Works Director Badum noted that a stop
sign at that location might not meet the State's criteria for traffic signs.
Malcolm Hill expressed concern about the, downhill speed of vehicles, suggested the use of
speed bumps, and expressed support for making motorists on Pacific Coast Highway more
aware of cyclists.
Cheryl Bird suggested utilizing a temporary speed trap and flashing signs to alert motorists
of appropriate speeds for the area.
David Hughs noted that there is a school, tennis court, $ball court, swimming pool, and
park on Ridge Park Road, and emphasized the need fg0lower traffic in that area.
Dolly Ginter stated that more signage is nee, especl for visitors to the area, and
suggested creating a left turn lane with a ma story stop on upward slope of the hill.
City Manager Bludau stated that he w' ork w h Public Works ector Badum and Police
Chief Luman to come up with sugge _ reoo endations to addres' - concerns regarding
the Ridge Park Road area. He also a 'that installing a stop si ' n that road might
be prohibited.
Gary Poelstra requested ad speed bump the Miramar Drive alley to slow motorists
down. City Manager Bluda d that insta speed bumps in alleys does not comply
with the speed bump policy a s - hat he wo ntact Mr. Poelstra after looking into
the issue further.
18. PROSIION 218 RATTTING PROCEDURES.
C anag Bludau noted ti$at the City is not mandated by the State to establish a
rates ure.
n one ' Council er Daigle's question, Special Counsel Sperry clarified
that ing p dures need a majority protest to fail, which is established when
more t 5096 ose affected by the rate increase submit written protest.
Cur dopt Resolution No. 2009 -58 establishing procedures for the submission
and tab tion of protests in connection with water and wastewater rate-setting
TB Vrocee V' s pursuant to Article XIHD of the California Constitution.
on 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
X'V. PUB -1 IC HEARINGS - Continued
16. PROPOSED .ASSESSMENT DISTRICT NO. 103 - AREA GENERALLY
BOUNDED BY G STREET, E. BALBOA BOULEVARD, CHANNEL ROAD,
AND OCEAN BOULEVARD - FOR UNDERGROUNDING UTILITIES AND
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XVII.
DESIGNATION AS AN UNDERGROUND UTILITY DISTRICT.
City Clerk Brown announced that 53% of the ballots submitted were in favor of the
Assessment District, for a total assessment of $2,498,393, and 47% of hte ballots
were submitted in opposition, for a total assessment of $2,174,754.
It_ was_ moved_ Council_.Mgmber__Henn,.seconded by Council_._Member
Webb, to 1) adopt Resolution No. 2009 -56 overruling protests, approving final
engineer's report, levying assessments without modification, approving and ordering
the work and improvements for the utility undergr ifid project, and authorizing and
directing related actions with respect to Asseent District No. 103; 2) adopt
Resolution No. 2009.57 approving contracts wit
h certain utility companies for utility
improvements for Assessment District No. l¢3; and 3) approve a budget amendment
(10BA -004) in anticipation of the forma pn and roval of Assessment District No.
103. The proposed Budget Amendme t f $6,220,7 ill provide $5,847,356 for the
design, construction, financing and ' cidental conting 'es, $373,396 to establish a
bond reserve. The Budget endmp t will incre revenue estimates by
$5,847,356 and increase expe dt urea Yopriations by $5, 56. The difference of
$301,800 will be utilized to ' bur the City for past asses " t engineering and
design expenditures related to strict.
The motion carried by the following' Z „call vote:
Ayes: Council Memb Council \*'ber Rosans ky, Mayor Pro Tem Curry,
Mayor Seli_h, unc tuber ouncil Member Gardner, Council
Member Daigle
19. C CIL EVIEW OF.IAFF STATUS PROGRESS REPORT ON SEVEN
HE C COUNCIL' 009 PRIORITIES.
City u and all provided a staff report to discuss the following
c*1 *ties: m " e-adverse impacts of John Wayne Airport (JWA),
the - a nal performance improvement effort, the FY 2009 -2010 budget, the
Facili " . Fi Plan (FFP), group homes status, the General Plan, and fire
hazard action rte in Lower Buck Gully.
Council her Gardner requested a comparison of what was initially proposed
versus w t is now being proposed for the new Civic Center.
reap ' e to Council questions, Assistant City Manager Kiff discussed recent
d o ents with group homes, noted the key lobbyists against the legislation,
sta hat the Civic Center finance plan will be discussed at the August 11 meeting,
and noted that a City Hall and Park Design Committee meeting is tentatively
scheduled for September 30.
In response to Council questions, Assistant City Manager Wood stated that it would
be several months before the Housing Element would be certified, and eventually it
will have to go back through a hearing process.
20. ADOPTION OF ASSESSMENT DISTRICT BALLOTING GUIDELINES FOR
PROPOSED NEW OR INCREASED SPECIAL ASSESSMENTS.
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Special Counsel Sperry noted that he was directed to draft the guidelines due to the
events that occurred relative to Assessment District No. 87 (Balboa Island) and that
the proposed guidelines are based on State regulations.
Council Member Daigle received clarification relative to how assessment ballots will
be tabulated (page 7) and assessment calculations (page 9).
Council Member Henn expressed .support for developing a procedure for appealing
the vote and suggested developing a procedure regarding voting City property.
Discussion ensued relative to whether a procediAl a policy, or taking each case on
an individual basis would be appropriate r ding submitting a ballot for voting
City property. It was the consensus of , u to discuss the issue further at a
future Council meeting. 40e
In response to Council questions, ecial Counsel Spec -y stated that the City can
accept faxed, scanned, or ema' eopi of ballots. He. " so discussed when and
where ballots should be ened d tabulated. Ass ent Engineer Cox
discussed locations and app at meframes needed for ro ng ballots- Council
proposed, under the discretion e City Clerk, that ballots b' counted at a time
and location where the public can rve the tabulation.
Rosanskv, to adopt I a ed Assess t District Balloting Guidelines for use
on any future asseasm t distri � tlloting p edings.
The motio carried by follo roll te:
Aye oun Member He , Council Member Rosansky, Mayor Pro Tem. Curry,
Mayo Selich, Coun Member Webb, Council Member Gardner, Council
Mem r Daigle
XVIII. MOTLQK FO TIO - None
F1QJ V t11t1Y - 'f JL' - b p.m.
The agenda f the N;Riar Meeting was posted on July 22, 2009, at 4:15 p.m on
the City Hall _ ulloard located outside of the City of Newport Beach
Recording Secretary
Mayor
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City Council Minutes
July 28, 2009
City Clerk
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