HomeMy WebLinkAbout01 - Minutes - 05-12-2009Agenda Item No.
May 26, 2009
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
May 12, 2009 — 3:00 p.m.
I. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, or Pro Curry, Mayor Selich,
Council Member Gardner, Council Member 'Daigl
Excused: Council Member Webb
Council Member Rosansky arrived at 3:10 p.m
II.
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE C NT CALENDAR.
In response to Council Member Daigle 'a questi regarding Item 4 (Special Events
Advisory Committee), Council ber Henn indicate t the committee will review the
events, but will not solely use easures to de ine if the event provides an
appropriate contribution to the ity. hat th benefits to the City can be
financial, social, or community -re ted. He e e committee's recommendations
are advisory and confirmed that Co cil w d have fina decision- making authority.
Council Member D ' e requested ceived clarification from City Manager Bludau
relative to Ite uestrian Ce r at Orange County Fair) that the City will.be
provided the ort ty to comment the Environmental Impact Report (EIR) and that
the draft re ution s provided by th ity of Costa Mesa.
3.
Regarding Its 4 and Reinvestment Act of 2009 Status Report), City
Manager Bluda sated that the staff report discusses funding that the City will be
rec ' t pos funding that has not been applied for, especially in light of how
inten the ap tion process has been.
Public Works r Ba confirmed for Mayor Pro Tem Curry that Item 7 (Subdrain
Improvement Pr cts) will address perpetual seepage hole at Spyglass Hill.
H1N1 INFLUEJJZA UPDATEXITY OF NEWPORT BEACH.
hief Le indicated that City personnel had participated in daily conference calls
with Co and surrounding cities to discuss issues and determine how to address the
-OVERVIEW AND CIP.
Budget Overview.
Administrative Services Director Danner utilized a PowerPoint presentation to discuss the
budget process, what items are included in the budget, the purpose of the City's budget,
the City's fund structure, revenues, sources of revenue, revenue projections, expenditures,
debt service expenditures, internal service fund expenses, supplemental budget requests,
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City of Newport Beach
City Council Study Session
May 12, 2009
the Capital Improvement. Program (CIP) over the last five years, and the General Fund.
He displayed a General Fund revenuelexpenditure comparison, a comparison of authorized
positions by fund, and proposed position changes. He also highlighted recurring Council
grants, the efforts by all departments to reduce the budget by 2% in order to save over $3
million, budgeted positions, and the General Fund special reserves_ He described the
pending issues that will be discussed starting at the May 26 Study Session. He reported
that the State has proposed, pursuant to Proposition lA, to borrow to 8% of fiscal year
2008 -2009 property tax revenues from cities and counties if the a ial ballot issues on the
May 19 Special Election fail. He noted that this could cost t City $4.5 million to $5.5
million, and emphasized that Proposition lA requires tha a funds be repaid to the
entity with interest in three years. He reported that t 's total General Fund is
projected to be about $150.1 million with a $148.1 mil ' ope g budget, adding that
the budget has already taken into account Mem ndum of derstanding (MOU)
increases. He stated that the City's budget docume� are available o City's website.
City Manager Bludau reported that the bud
money until it is received. He also indicate al
totals $574,000, he normally receives o $1
departments to only request essential
offset by additional revenues. He pointed oSpa
was for one full -time position in the Police
request. He indicated that the current proposed
to utilize $1 million for oroiects.
In response to Council que
should be at the end of the
that the Fashion Island No
that car sales will recover
reduction from a ' ated
financial infor on om
assessed v
the City's
that Council's
fund,
F not include any sti us package
ve to the supplementa budget that
in requests but he directed the
noted that Recreation's requests are
the only personnel request he received
nt; however, he did not approve that
i t still allows Council the discretion
syssche mHas rvices Manner indicated that the City
down cY by d of the calendar year and noted
s sche ed to open in April 2010. He expressed hope
n r Bludau added that the City may see a 10%
a stated that the City has received preliminary
8, but the City is remaining conservative with its
ce Director Danner indicated that the City's total
on d reported that, pursuant to Council Policy F -2,
. garding Council budget reductions, he reported
tion by not allocating as much money in the special
cussion ued Nfun e to the funding of Capital Improvement Projects.
Administrativ ervicctor Danner clarified that project funding could be rolled -over
depending on w n ths are ap propriated. Further, all appropriations lapse on June
30 unless it has en encumbered or contracted.
egarding rec ng Council grants, Council Member Gardner requested that the City ask
Conference nd Visitors Bureau (CVB) for a synopsis of what benefits the City might
rec from t Ensenada Race and Orange County Marathon. Administrative Services
Direc a er confirmed that the Business Improvement Districts are included in the
budget, a Restaurant Association's requests are ot on the grant list.
Mayor Pro Tem Curry commended staff for reducing the current fiscal year budget by 1%
($3 million) and the upcoming fiscal year budget by another 2% ($3 million) without there
being a reduction of services to the public. Council Member Daigle asked how some
departments were able to reduce their budgets by 4% without conducting any layoffs. City
Manager Bludau emphasized that public safety will not be compromised this year;
however, the current budget cut is short-term. Administrative Services Director Danner
noted that many of the departments reached the 2% target by under -filling positions or not
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City of Newport Beach
City Council Study Session
May 12, 2009
filling positions at all, but the positions have not been eliminated.
Ca121ta1Imnrovement.PrQ9ram CIP1.0 verview
Deputy Public Works Director Webb utilized a PowerPoint presentation to highlight the
completed CIP projects for the 2008 -2009 fiscal year, the Public Works Department's role
in CIPs, CIP funding for the 2009 -2010 fiscal year, current CIP wo in progress, the CIP
history, and the status of deferred 2008 -2009 fiscal year projects. provided an overview
of the following CIP budgets,, including upcoming projects. Fac' es; Streets and Draining
- Street Improvements; Streets and Drainage - Other T - Ovements; Traffic; Parks,
Harbors and Beaches; Water Quality and Environment r Facilities; Wastewater;
and Miscellaneous. He also discussed the phases invol in affic Synchronization
Management (TSM) Plan, and the status of each p . He sta that the PowerPoint
presentation will be posted on the Public Works De tment website.
In response to Council questions, Deputy Pub b, or Director Webb ex ed that any
contingency that is not spent is reprogramm for projects. He further ified that,
if the contingency amount is not enou ,the oject would be stopped until Council
authorizes additional appropriations for during a Council meeting.
Council Member Henn requested that the fun sources be more clearly identified so it
can be easily determine whether the funding that ing sourced from various funds was
intended to come from that so r if the funding w used by a completed project.
Mayor Pro Tem Curry noted tha he n taff rem d the same while the number
of projects increased. Deputy Pub c Works D' b commended staff and explained
the advantages of using in -house s ff vers too man utsUs consultants. Public Works
Director Badum added that many p jec re time and season sensitive, which can easily
push projects to an er time; howe taff does a good job to not defer and rebudget too
many pro jects.
Regarding erred rojects, Deputy ubhc Works Director Webb stated that a less
expensive n for a Bristol Street orth Landscape Improvement project could be
developed m er d that the Semeniuk Slough Dredging project can
move forward U.S. Army s of Engineers can provide funding or any other
fun ' Y e is ted. Mayor Selich pointed out that the Back Bay View Park
xa nha ent project still requires more work, but noted that it is
Regarding curre projects7Deputy Public Works Director Webb discussed the Jamboree
Bridge Widenin project, the pavement plan for Lido Isle and Balboa Island, the water
main plan on lboa Island, the streetlight conversion program and the possibility of
g down s e of the lights throughout the City, the Balboa Island and Harbor
B ead/Sea Repair project, and the Buck Gully Canyon Stabilization and Flood
Con roj Public Works Director Badum reported that staff will receive more
trainin a TSM system io better improve the traffic flow in major intersections, but it
has ahea been used during special events and accidents. He also stated that the City
Hall and Park project is being designed to take advantage of reclaimed water; however,
Utilities Director Murdoch pointed out that the City currently does not have the
infrastructure to add too many reclamation lines.
City Manager Bludau announced that, at the next study session, Council will discuss the
list of pending issues and that Council will be presented with copies of the departmental
budget PowerPoint presentations in advance.
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City of Newport Beach
City Council Study Session
May 12, 2009
III.
IV,
Allen Maxfield, Island Avenue, expressed concern that the bayfront's seawall stops, but
expressed appreciation that his street will be repaved and that the seawall will be fixed.
City Attorney Hunt recommended, in addition to Council discussing what is
currently on the Closed Session agenda, that an item be added to discuss
Assessment District No. 87 (Balboa Island), pursuant to Government Code
§54954.2. He explained that this item is on the regular agen ; however, the City
received correspondence from the opposition to the Asfgssment District on
Friday with clear indication of potential litigation (Go nment Code §54956.9
(b))•
Motion_ by,_C�uncil_Member Gardner to add an ite to Closed Session agenda,
pursuant to Government Code §54954.2, to conferen th lega nsel due to potential
exposure to litigation relative to Assessment Dist o.,87 (Balbo nd) (Government
Code §54956.9(b)).
The motion carried by the following roll call v
Ayes: Council Member Henn, Council mbe osansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Gardnei, tl Member Daigle
Absent: Council Member Webb
PUBLIC COMMENTS - None
City Clerk
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at 4:05 p.m. on the City
Beach Administration
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 12, 2009 — 7:00 p.m.
I. _STUDY_SESS_ION - 3:00 p.m
II. CLOSED SESSION - 4:55 p.m
A. Conference___ - with__. Legal,_ Counsel
Code 154906_9,La)1: Seven matters:
1. Newport Beach v. California Coast
Court Case No. 30- 2009- 001209
2. Newport Beach/Tustin v. City o
Superior Court Case No. 07CCO1264
3. Newport Beach/Tu V. City of
Superior Court Case 65
4. Newport Beach/Tusti v. City ]
Court Case No. 30- 2008 -0 2885- -W
Orange County Superior
(Martin Street), Orange County
1 Alton), Orange County
Orange County Superior
5. Newport Ueach/Tustin ity of Irvine (Accessory Retail Business
B. _ ojeertify" e Counsel - Anticipated Litigation - Initiation of Litigation
( Goe §5__ .90): One matter:
1. itiation of litigation against the City of Irvine for violation of the
Environmental Quality Act for failure to comply with CEQA in
nd its Vision Plan Environmental Impact Report and ado pting the
Plan.
C. Con c with_,_Legal Counsel - Exposure to Litigation Government Code
§54956. : One matter:
1. Potential exposure to litigation relative to Assessment District No. 87 (Balboa
Island).
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
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City of Newport Beach
City Council Minutes
May 12, 2009
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Gardner, Council Member Daigle
Excused: Council Member Webb
VI. CLOSE.. SESSION REPORT
City Attorney Hunt reported that Council added a matter for discussiA to the Closed Session
agenda (Item C -1), pursuant to Government Code §54954.2(b)(2), as matter that came up after
the posting of the agenda and needed to be addressed prior tot ext meeting. He indicated
that the matter was to discuss exposure to litigation relativ ssment District No. 87
(Balboa Island) (Government Code §54956.9(b)).
Regarding Pike v. Rudder v. Newport Beach (Item 6) and Abrams wport Beach
(Item A -7), City Attorney Hunt reported that Council . h(' ed (6 -0 vote) the` e of the City
Attorney to use outside counsel to defend both matte
VII. PLEDGE,O.F ALLEGIANCE -Council
VIII. INVOCATION - Pastor Bob Brogger, Mariners
XV. PUBLIC HEARINGS
15. PROPOSED ASSESSMEN T NO. 87 OA ISLAND) - AN AREA
GENERALLY BOUNDED B AY ORTH D SOUTH, AND BALBOA
ISLAND WEST OF COL ISLE OF GRAND CANAL -FOR
UNDERGROUNDING UTILIT SAN ESIGN "ION AS AN UNDERGROUND
UTILITY DISTRICT (continue fr , the 4/28/09 meeting). [891100 -20091 [7:03
p.m. time certai
Ben Peters res d opposition t conducting the recount and indicated that his
opposition the as ssment district i trictly due to the economic times. He noted that,
even if t ount is ' erent, Council h the discretion to abandon the district.
Bob McCaffre ved that t er uld not be a time limit to public comments.
cted t e recount and noted that the assessment engineer requested the
recount. H so be that the residents should have been allowed to rebid the
project.
Jim Maloney a ressed support for the process, but suggested that the City rebid the
project if it doe not pass tonight.
ert Levin lieved that Harris and Associates has a conflict of interest. He took issue
wr nder ending utilities on Balboa Island when it has the lowest water levels and
believ the previous vote should stand.
Carolyn arr expressed concern about undergrounding utilities and believed that the
City should put its efforts into improving the seawall.
Brian Ouzounian indicated that he did not read about any recount procedures for this
process, there is no basis for a recount, and the previous vote should stand.
Michael Smith believed that the vote should stand and that a recount should not take
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City of Newport Beach
City Council Minutes
May 12, 2009
place.
Tom Drosman, attorney for the Assessment District opponents, believed that the money
the City has already expended on the project and might not recoup can create a bias for
the City and the assessment engineer. He requested that the recount be conducted by an
impartial group; that if the recount continues, only the previously accepted ballots be
recounted; and the rules for disqualification that were applied at t1April 28 meeting be
disclosed.
City Attorney Hunt reported that he distributed a memora m tonight to address the
issues that came up due to the count at the last meeting. ted that the purpose of a
vote is to determine the will of the people and believe at \mate recount is
intended to do. Council Member Gardner believed t condt would be
a mistake. Council Member Daigle agreed since t is no conduct the
recount.
Motion by Counci!..Member Gardne r aba n the sseesment
District No. 87 ballots.
The motion failed by the following roll ca
Ayes: Council Member Gardner, Council Mem aigle
Noes; Council Member Hen Council Member ansky, Mayor Pro Tem Curry,
Mayor Selich
Absent: Council Member Webb
Without objection, Mayor Selich ecomme d t e recount occur in the Council
Chambers at the conclusion of th egul business. He stated that, following the last
item on the agenda, the meeting I into recess, the recount will be conducted, and
the results will ounced after t eeting is reconvened.
IX. PR SENTATIONS
2009 Telly Aw rese tation to New Beach Police Officer Dave Sanborn for
"Newport Beach P ' e i I ,4 roduction - Public Information Officer Jackson
announced that "Newpo each Police Holi ay Safety" won the award in the education category.
Police Chi d Ma lich commended Officer Sanborn for his work.
Pre tation of Ch` by Li y Foundation - Library Services Director Cowell presented
t 36,239 check to or Selich."
(;
0
tion Design ing May 18 through May 23, 2009 as Poppy Week - Mayor Selich
the pro .a on to Karen Karanickolas, President of American Legion Auxiliary 291.
Ldemann, M' Poppy, read a poem and presented poppies to Council and staff.
rYMPA," JUL n- KLAUE" UN A FUTURE A_C,E"_A_ FOR. _DISCUSSIOIy,y_ACTION OR
REPORT (NON- DISCUSSION ITEM):
Council Member Daigle reported on the Keep Your Teen Safe Program held on April 21 and
indicated that the Police Department and Newport -Mesa School District will be conducting an
internet safety program on May 27 at the Central Library.
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Council Member Gardner announced that the Corona del Mar 5K will be held on June 6. She
also announced that there will be a Banning Ranch panel discussion between the owners and the
Banning Ranch Conservancy on May 20 at 5:30 p.m. at the Environmental Nature Center. She
commended staff for the job they did to make the Orange County Marathon run smoothly.
Council Member Henn noted that Item 14 discusses the spending of stimulus money and
commended staff for being able to obtain funds to repave Balboa Boulevar etween 22nd Street
and 44th Street. He also announced that the American Cancer Society's ay For Life event will
take place May 16 to May 17 at Newport Harbor High SchoAthe ouncil has formed a
team, Council Critters, t o assist in fundraising efforts. He rCouncil Critters has
committed to run a half marathon at the event. He eone to support the
American Cancer Society and Relay for Life through contribd that contributions
can be made at any time, even after the event.
Mayor Pro Tem Curry announced that he and City
Okazaki, Japan, as part of the 25th Anniversary Ic
reported that Okazaki Mayor Shibata sent the CAYA
displayed at City Hall.
Mayor Selich announced that the 15th Annual
from 9:00 a.m. to 5:00 p.m.
XII. CONSENT.CALENDAR
A. READING OF
!-3
C.
1. MINUTES OF THE R
MEETING OF APRIL
written and order filed.
2. READ F ORDID
of a ordi ces and n
r Bludau repreNandt he City in
y Celebration azaki. He
Shogun Helmet t it will be
Art Walk will take place on May 17
D ADJOURNED REGULAR
of subject minutes, approve as
AND RESOLUTIONS. Waive reading in full
under consideration, and direct City Clerk to
TO APPROVE AN AMENDMENT TO CALPERS
C X68) TO PROVIDE CALPERS RETIREMENT FORMULA
FO FEGUARD SAFETY EMPLOYEES PER RATIFIED
WD F UNDERSTANDING (JULY 2006 - DECEMBER 2008).
9091 Adopt Ordinance No. 2009 -10 authorizing an amendment to the
etween the City Council of the City of Newport Beach and the Board of
ation of the California Public Employees' Retirement System.
Member Rosansky voted No on this item)
4. 1TABLISHMENT OF A SPECIAL EVENTS ADVISORY COMMITTEE.
[100 -2009] a) Adopt Resolution No. 2009 -22 establishing a Special Events
Advisory Committee; and b) appoint the City Council Members of the Economic
Development Committee (Mayor Pro Tem Curry, Council Member Henn, and
Council Member Rosansky) as the ad hoc committee to review applications for
membership and make recommendations to the City Council.
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City Council Minutes
May 12, 2009
5. RESOLUTION IN SUPPORT
ORANGE COUNTY FAIR
Resolution 2009 -23 in support
equestrian facilities.
D. CONTRACTS. AND. AGREEMENTS
OF KEEPING EQUESTRIAN CENTER AT
AND EVENT CENTER. [100 -20091 Adopt
of the Orange County Fair and Event Center's
6. CORONA DEL MAR FARMERS MARKET LICEN AGREEMENT (C-
4056). [381100 -20091 Authorize the Mayor and City erk to sign the Corona
del Mar Farmers Market License Agreement betwee he City of Newport Beach
and Rick Heil, licensee, allowing the licensee t e of City property for a
certified farmers market for a period of five (5) y 8rs.
7. SUBDRAIN IMPROVEMENT PROJE - AWARD CONTRACT (C-
3909). [381100 -20091 a) Approve the pr ct plans and speci ons; b) award
the contract (C -3909) to Ta1Cal En ' eeri , Inc. for the to id price of
$248,698, and authorize the Mayor and t ity Clerk to execute a contract;
and c) establish and amount of $ 0 t ver the cost of unforeseen work.
8. ANNUAL FINANCIAL AUDIT RACT EXTENSION (C-4198).[38/100-
20091 Authorize the City Manager to tend the contract with the CPA firm of
Mayer Hoffman McCann P.C. to perform City's annual financial audit for the
fiscal year ending June0, 2009.
9. RIVO ALTO CO PI
STREET BULKHEAD E]
AND BULKHEAD
REPLACEMENT (C -365
20091 a) Accept the comple
Comjablee authorize th
35 d the Notice o
ap rtions of the
P o ond one year s
10.
13
MENT; LEY AVENUE AT 36TH
Z. EE TIDE GATE STRUCTURE
1 EN AND VIA LIDO WALL
PLETION AND ACCEPTANCE. [38/100 -
irk; b) authorize the City clerk to file a Notice of
Clerk to release the Labor and Materials bond
ipletion has been recorded in accordance with
7il Code; and d) release the Faithful and
Council acceptance.
APP SSIONAL SERVICES AGREEMENT WITH
- EVE HOOK FOLLOWING HIS RETIREMENT FOR A
TIN ON OF CHIEF BUILDING INSPECTOR SERVICES FOR A
DU ION T TO EXCEED SIX MONTHS (C-4199). [381100 -20091
Autho e the Ci anager to execute the Professional Services Agreement with
Steve ok.
LLAN US
BUD T AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
BEA PUBLIC LIBRARY FOUNDATION (NBPLF) AND
P OPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS
GET FOR FY 2008 -2009. [100 -20091 Approve a budget amendment
9BA -052) to increase revenue estimates by $36,239.00 in Account No. 4090-
5893 (Library Foundation/NBPLF) and increase expenditure estimates by the
same amount in Division 4090 (Foundation) - 8260 (Library Materials).
APPROVAL OF DRAFT LETTER TO THE U.S. DEPARTMENT OF
TRANSPORTATION SECRETARY IN SUPPORT OF FUNDING FOR THE
CALIFORNIA - NEVADA MAGLEV PROJECT WHICH CONTAINS AN
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City of Newport Beach
City Council Minutes
May 12, 2009
ORIGIN/DESTINATION CENTER IN ANAHEIM. [100 -2009] a) Make any
changes desired in the letter's wording; b) authorize the Mayor to sign the letter;
and c) direct staff to send the letter to the Department of Transportation
Secretary.
14. AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 STATUS
REPORT. [100 -2009] Receive and File. If desired, pr'de additional staff
direction.
S18. AGREEMENT WITH MIOCEAN FOUNDATIO if REGARDING BEACH
INFORMATION MONITORS (C-4200). [38/100 9J Authorize the Mayor to
execute a License Agreement with Miocean Fo ati install and operate up
to three beach information monitors at City- roved be ocations.
Motion bY_Mayor Pro Tem. -Curry to approv he Consent Calen except for the
item removed (12); and noting the no vote on I 3 b Council Member sky.
The motion carried by the following roll ote:
Ayes: Council Member Henn, Counci er Rosansky, Mayor Pro Tern Curry,
Mayor Selich, Council Member Gard ouncil Member Daigle
Absent: Council Member Webb
XIII. ITEMS REMOVED_FROM THE CO T CALENDAR ,
12. APPROVAL TO ESTABLIS A C CIL HOC COMMITTEE TO
MAKE RECOMMENDATION EGAR UTIES, THE SALARY, AND
THE PROCESS FOR FILLING HE C MA AG R POSITION. [100 -20091
Council Member 'gle requested received confirmation that the City Manager
recruitment w' n outside r uitment and the updated job description will be
brought bac Cou ' for review.
Motion Ma or ro Tem Curry create the City Manager Ad Hoc Recruitment
Committee ery a from appointment to approximately October 1,
2009 or when le is complete , whichever first occurs, comprised of Mayor Selich,
M em and Council Member Henn to: (1) ensure the City Manager job
criptio upda and accurately reflects Council's desires for the position,
presenting a recomm ed changes to the Council in open session for consideration
and adoption; interfa ith the recruitment firm regarding advertising the position;
(3) make reco endations on the recruitment process to the full City Council; and (4)
make recomme dations on a final employment contract, once the successful candidate
has been chose .
by the following roll call vote:
Ayes: cil Member Gardner, Mayor Pro Tem Curry, Mayor Selich, Council Member
igle, Council Member Rosansky, Council Member Henn
Absent: Council Member Webb
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner discussed the Watershed Executive Committee membership. She
announced that the committee discussed several plans to assist with the reduction of trash in the
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City Council Minutes
May 12, 2009
XV
XVI.
Bay and how the cost of the program would be broken down by entity.
Regarding group residential uses, Council Member Henn reported that Senator Harman's bill to
further regulate the approval and licensing of group homes at the State level has passed the
House Services Senate Committee, but still needs to be approved by the State Legislature. He
also reported that Balboa Recovery's reasonable accommodations application for 204 21st Street
was approved with limitations; two other Balboa Recovery locations were *tinned to May 20 at
4:00 p.m. in the Council Chambers; Ocean Recovery's use permit application for 1115 West
Balboa was approved on May 7 with a maximum occupancy of 18; andaemer Center's April 29
reasonable accommodations application hearing was continued to JuA 3.
PUBLIC HEARINGS - Continued
16. HOAG MEMORIAL HOSPITAL PRESBY
FACILITY REVENUE BONDS. [100 -20091
City Manager Bludau and Administrative
a financing vehicle to assist Hoag Hospi
General Fund, the City will be reimb
assisted Hoag Hospital with this on seven
SERIES
Danner
TH CARE
this is
his no cost to the City or` risk to the
000 for staff time, and the City has
bond issues.
Motion by.Council_Member Gardner to adop solution No. 2009 -24 authorizing the
sale of not to exceed $250 million of City ootheexescu, each Revenue Bonds (Hoag
Memorial Hospital Presbyteri 'es 2009; and delivery of one or more
Indentures in substantially the r •nand delivery of one or more
Official Statements, including endix y the form presented in the
staff report; the execution and livery o ne ore re Bond Purchase Contracts in
substantially the form presented in th staff report; and directing staff to take the
necessary steps to provide for the s d issuance of the 2009 bonds.
Mayor Selich ene the Public H ng. Hearing no testimony, he closed the public
hearing.
Mayor S ecei tion City Clerk Brown that no written protests have
been received.
rrie he following roll call vote:
Ayes: Coun Memb enn, Council Member Rosansky, Mayor Pro Ten Curry,
Mayor h h, Cou cil Member Gardner, Council Member Daigle
Absent: Counc' ember Webb
Randy S thanke Council and staff, especially Council Member Daigle and Assistant City
Manager Ki r s ring funds to dredge Upper Newport Bay. He discussed reasons why the
dredging is ne ry and believed that the Bay has turned into a flood control system by the
County.
Lisa Sabo referenced Item 5 (Equestrian Center at the Orange County Fair & Event Center) and
discussed the activities that occur there, including programs that assist children with
disabilities. She received clarification that the. resolution was adopted with the Consent
Calendar.
Brian Ouzounian discussed the need for Balboa Island residents to be able to dredge their
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City Council Minutes
May 12, 2009
properties so the seawalls could be reinforced.
Charles Griffin reported on a new energy source developed by the Navy, noted that more
information can be found on www.eme2fusion.org, and believed that the energy can be used to
desalt the ocean and for the City to create its own power company.
XVII. CURRENT BUSINESS
17
S19.
ESTABLISHMENT OF A SUMMER WATER TAXI
[100 -2009]
Mayor Selich recommended that Chandler Bell and
Marine Business Representatives, and Mike Mc
appointed the committee chairperson.
Motion_. b_y._ Council Member, Rosansky
establishing a Summer Water Taxi E4Pn
members to the committee: EDC RepresHarbor Commission Representatives Business Representatives - Chandler Bureau Representative - Gary Sherwin;
Robinson; and c) confirm the Mayor's appointn
Chair.
The motion carried by the
Y COMMITTEE.
Mark Silvey; Conference and Visitors
aurant Association Representative - Jim
hW Mike McNamara as the Committee
nsky, Mayor Pro Tem Curry,
Member Daigle
OF WORK FOR AIR QUALITY TESTING
IE AIRPORT JET AIRCRAFT EMISSIONS
R INTO A STANDARD PROFESSIONAL
R. KARLEEN SUDOL -BOYLE FOR THE
Ci r B1 discussed the scope of the study and reported that results will
ably back ouncil in January 2010. Council Member Daigle noted that
determining here are environmental impacts is one way the City may be able to
contain growth t John yne Airport (JWA). Mayor Pro Tem Curry believed that this
study is one o he most important studies the City could conduct in order to obtain
documentation prior to the renewal of the JWA settlement agreement.
Nap _C _ncil ember Dai le to a) approve the scope of work for the air quality
b) uthorize the City Manager to enter into a contract with Dr. Boyle for the
tudy proposal (most rigorous option) at a not -to- exceed amount of $62,000;
a budget amendment (09BA -056) in the amount of $62,000 from unallocated
nd reserves to Account No. 0123 -8080.
Charles Griffin expressed support for the study, and discussed the importance of having
a Maglev (magnetic levitation) transportation system and the value of using the Navy's
new electrical power technology.
The motion carried by the following roll call vote:
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City of Newport Beach
City Council Minutes
May 12, 2009
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry,
Mayor Selich, Council Member Gardner, Council. Member Daigle
Absent: Council Member Webb
520. COUNCIL CONSIDERATION OF RETAINING AN EXECUTIVE SEARCH FIRM
TO CONDUCT THE RECRUITMENT FOR THE UPCOMING CITY MANAGER
VACANCY (C-4202).1381100-20091
Mayor Selich reported that Mayor Pro Tem Curry, Coun ' ember Henn, and he
interviewed executive search firms and are recommendin t the City enter into a
professional services agreement with Teri Black and Ass es. Mayor Pro Tem Curry
indicated that Ms. Black has a professional approach it into account the pulse
of the community when searching for candida tes. il er Henn expressed
support for the selection. He also indicated that t 1 escription will be
brought before Council at a regular meeting forXpproval and the pu be able to
comment on it at that time. A
Motion bv_CouncH Member. Gardner a) the recruitment firm of Teri Black &
Associates; and b) direct the City Mana d uman Resources Director to enter into a
professional services agreement for pro£es recruitment services, with a scope and
cost that has been reviewed and approved by t d Hoc Committee.
The motion carried by the folio ' g roll call vote:
Ayes: Council Member He mber Ros y, Mayor Pro Tem Curry,
Mayor Selich, Council her Gar ember Daigle
Absent: Council Member Webb
XV. PUBLIC HEARINGS - Continued
15. PROPOSED SMENT DIS ICT NO. 87 ( BALBOA ISLAND) - AN AREA
GENERAL BO ED BY BA RONT NORTH AND SOUTH, AND BALBOA
ISLAND ST COLLINS IS AND EAST OF GRAND CANAL - FOR
UNDER UND UTILITIES DESIGNATION AS AN UNDERGROUND
UTILITY D m the 4128/09 meeting). (891100.8009]
Ci y H eported that Kay Cotton from the Orange County Registrar of
rs O prea observe the ballot recount process and ensure that the City is
complying wi State la a added that the staff report addresses the chain of custody
for the Assess nt Dist t ballots and that he prepared a memorandum to address
balloting and r unt issues, and to address questions relative to haw the City could
proceed.
or Selic ecessed the meeting at 8:09 p.m. in order to conduct the recount.
onve d the meeting at 9:21 p.m. with all members of Council present.
City C rown announced that 49.7% of the ballots submitted were in favor of the
Assessm t District, and 50.3% of the ballots were submitted in opposition.
Ben Shmid presented a handout and indicated that he voted against the Assessment
District because he did not feel the utility lines would last 30 years underground. He
suggested that the City spend $2 million to replace the sewer lines on Balboa Island
instead.
Larry Kallestad expressed hope that the City does not hold the actions of a few Balboa
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City Council Minutes
May 12, 2009
Island residents against the entire island
Bob Cook expressed appreciation for all the work that was done on the project; but noted
that the City Attorney's memorandum indicates that the district will not he formed if a
majority protest exists.
Linda Martin took issue that someone may try to break up roject into smaller
districts, similar to what was done on the Peninsula.
Motion by Mayor Pro Tikm rry to a) abandon the asse ment proceedings since a
majority protest by ballot procedure existed; b) adopt ution No. 2009 -26 for the
abandonment of Assessment District No. 87; and c) appr e a et amendment (09BA-
53) appropriating $770,000 from the unappropria General d balance to cover
project design, engineering and other expenses inc r d to date tha not be recovered
by the City.
The motion carried by the following roll call ve:
Ayes: Council Member Henn, Cound Me r Rosansky, Mayor Pro Tem Curry,
Mayor Selich, Council Member Council Member Daigle
Absent: Council Member Webb
Mayor Selich reported that the ballots are pu record and people can make an
appointment with the City Cle . spect the ballots.
XV1I1. MOTION FOR RECONSIDERATION None
l
XDL ADJOURNMENT - 9:30 p.m
s;
The agenda for ARe Meeting w sted on May 6, 2009, at 4 :05 p.m. on the City
Hall Bulletin d outside the City of Newport Beach Administration
Building. The al agenda fo the Regular Meeting was posted on May 8,
2009, at 3:03 p. Hall Bulletin oard located outside of the City of Newport
Beach Adminis ine.
City Clerk
Recording Secretary
Mayor
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