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HomeMy WebLinkAbout07/28/2009 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 28, 2009 — 7:00 p.m. I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - 5:10 p.m. A. Public Employee Performance Evaluation (Government Code 8 54957(b1(111: The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of three public employees. Titles: City Manager, City Attorney and City Clerk III. RECESS 1V. RECONVENED 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 - None VII. PLEDGE OF ALLEGIANCE - Council Member Rosausky VIII. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah Im PRESENTATIONS Proclamation Honoring Duane Hastings, Founder of the "Newport Beach Bat Rays" Boys Travel Baseball Team - Council Member Curry read the names of the players who will be attending the Cooperstown tournament and Mayor Selich presented the proclamation to Duane Hastings. Presentation of 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 City USA Presentation - Parke 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 Volume 59 - Page 225 City of Newport Beach City Council Minutes July 28, 2009 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. 1891100 -20091 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 disparity in the assessment and believed the assessment should not be approved due to tough economic times. Jeff Frederick requested clarification on the payment term regarding the bond interest rate of 5.75 %. Allen Gunther requested clarification relative to the connection costs, which would represent a financial burden to homeowners. Assessment Engineer Cox clarified that the 5.75% estimated annual rate is a one year pre-paid funded interest. Further, the assessment district only handles the mainline infrastructure, so homeowners with properties that currently have overhead wiring could pay an additional $2,000 to $5,000 to convert to underground wiring. Ed Kusby discussed the efforts of the Balboans Anti -Debt Organization to stop the passing of proposed Assessment District No. 103. Council Member Gardner clarified that assessment districts are initated by residents, not Council. Hearing no further testimony, Mayor Selich announced that all written protests and ballots are to be turned in at this time and closed the public hearing. He announced that staff will tabulate the ballots and then Council will take action on the issue when the results are returned to the City Clerk. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) Council Member Daigle expressed her appreciation to the lifdguards 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 report relative 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. Volume 59 - Page 226 City of Newport Beach City Council Minutes July 28, 2009 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, Assemblyman DeVore, and Assemblyman Tran for voting against Proposition IA; recognized the League of California Cities (LCC) for opposing the State's taking of gas tax funds; and requested a report on the impact of securitizing money and where the money will come from. He also discussed the increase in graffiti, encouraged residents to report graffiti incidents to the Graffiti Hotline (949 -644- 3333), and proposed providing a $1,000 reward if perpetrators are caught since this can be paid by the petrators. XII. CONSENT CALENDAR A. READING OF MINUTESDRDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF JULY 14, 2009. Waive reading of subject minutes, approve as amended and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCE FOR INTRODUCTION 3. AMENDMENT TO CHAPTER 1.12.020 OF THE MUNICIPAL CODE REGARDING ISSUANCE OF CITATIONS. Introduce Ordinance No. 2009 -16 which gives the power to issue citations to the Code and Water Quality Enforcement Manager and any staff he/she designates, and pass to second reading on August 11, 2009. C. ORDINANCE FOR ADOPTION 4. AERIE (PA 2005 -196) - 201 -205 & 207 CARNATION AVENUE AND 101 BAYSIDE PLACE: CODE AMENDMENT NO. CA2005 -009. Adopt Ordinance No. 2009 -15 amending Zoning Districting Map thereby approving Code Amendment No. 2005 -009. [Council Member Gardner and Council Member 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. [881100-20091 a) Adopt Resolution No. 2009.55 approving an amended and restated Orange County Council of Governments Volume 59 - Page 227 City of Newport Beach City Council Minutes July 28, 2009 (OCCOG) 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. 1381100 -20091 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 7. FISCAL YEAR 2008 -2009 TRAFFIC SIGNAL REHABILITATION (C- 4102) - COMPLETION AND ACCEPTANCE. [381100 -20091 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 8. COASTAL ACCESS AND PEDESTRIAN CIRCULATION IMPROVEMENTS (C-3628) -AWARD OF CONTRACT. [381100 -20091 a) Approve the project plans and specifications; b) award the contract (C -3628) to Golden State Constructors, Inc., for the total bid price of $1,006,579.92, and authorize the Mayor and City Clerk to execute the Contract; c) establish an amount of $100,657.00 to cover the cost of unforeseen work; and d) approve a budget amendment (10BA -005) appropriating $50,000 from the unappropriated Ocean Front Encroachment fund to Account No. 7028 - C3002004 (River Avenue Pedestrian Access Improvements). 9. ENGINEERING ON -CALL SERVICES (C- 4322)- APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS, INC.; PROFESSIONAL SERVICES AGREEMENT WITH SO CAL WALDEN, INC. DBA WALDEN & ASSOCIATES (C -3673 K); AND PROFESSIONAL SERVICES AGREEMENT WITH C &C ENGINEERING, INC. DBA CNC.(C- 4323) 1381100 -20091 a) Approve Amendment No. 1 to Professional Services Agreement with Civil Works Engineers, Inc. for on -call engineering services, and authorize the Mayor and City Clerk to execute Amendment No. 1; b) approve Professional Services Agreement with So Cal 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 (C- Volume 59 - Page 228 City of Newport Beach City Council Minutes July 28, 2009 3494).1381100-20091 Approve the agreement with Southland Landcare Maintenance for weed abatement 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 ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO THE LIBRARY S MAINTENANCE AND OPERATIONS BUDGET ACCOUNTS FOR FY 2009 -10. Approve a budget amendment (10BA -006) to increase revenue estimates by $205,700 in Account No. 4091 -5892 (Friends of the Library Donations), and increase expenditure estimates by the same amount in Division 4091. 13. REQUEST FROM NEWPORT BEACH CHAMBER OF COMMERCE FOR CITY COUNCIL APPROVAL TO WAIVE THE SPECIAL EVENT PERMIT FEE AND THE REIMBURSEMENT FEES ASSOCIATED WITH CITY EMPLOYEES WORKING THE TASTE OF NEWPORT EVENT ON SEPTEMBER 18 -20, 2009. Waive the fees as requested. 14. REQUEST TO UPGRADE TEMPORARY PART-TIME DEPUTY CITY ATTORNEY TO REGULAR PART -TIME DEPUTY CITY ATTORNEY AND ADD REGULAR PART -TIME OFFICE ASSISTANT TO THE OFFICE OF THE CITY ATTORNEY. Augment the staffing in the Office of the City Attorney by authorizing the upgrade of the temporary part -time contract attorney position to a regular part -time Deputy City Attorney position and add a part -time Office Assistant to the Office of the City Attorney in order to meet the needs of the City for legal services. There will be no fiscal impact since these changes can be accomplished by using funds that will be saved in the City Attorney's budget for outside counsel expense for code enforcement matters. 15. ADOPTION OF SEWER SYSTEM MANAGEMENT PLAN (SSMP). Adopt the City's Sewer System Management Plan as required by the State Water Resources Control Board (SWRCB). Council Member Gardner provided corrections to the minutes from the July 14 meeting. It was moved by Mayor Pro Tem Curry, seconded by Council Member Rosansky, to approve the Consent Calendar; and noting the "no" vote on Item 4 by Council Member Gardner and Council 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 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Volume 59 - Page 229 City of Newport Beach City Council Minutes July 28, 2009 Council Member Daigle reported that the Aviation Committee's Air Quality Study will have 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 General Plan/Local Coastal Program Implementation Committee has a revised draft of the zoning code and that it is available for viewing on the City's website. XV. PUBLIC -HEARINGS- Continued 17. ADOPTION OF ORDINANCE NO. 2009 -13 TO PROVIDE THE PUBLIC WORKS DIRECTOR THE AUTHORITY TO ADOPT NEW EDITIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. Public Works Director Badum noted that the ordinance will streamline the standard specification process, provide the necessary tools to execute capital projects, and enable staff to stay current on the latest specifications. It was moved by Council Member Daigle seconded by Council Member Webb, to adopt 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 Construction. 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 XVI. PUBLIC COMMENTS Leonard Porto requested permission to scuba dive in areas other than Balboa Peninsula or Crystal Cove, asked about opening Cameo Shores to the public, and requested clarification on the legality of scuba diving at Little Corona. Council Member Gardner noted that the Coastal Commission has grandfathered Cameo Shores as a private area and Mayor Selich recommended contacting the Harbor Resources Division to discuss scuba diving rules and regulations. Diane Romick and Julie Matteson utilized a handmade drawing to suggest locations where parking should be prohibited and requested that the existing fire lane on one side of Ridge Park Road near Coastal 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. Volume 69 - Page 280 City of Newport Beach City Council Minutes July 28, 2009 Alan Marks requested that Council revisit the idea of erecting a stop sign on the downhill 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, basketball court, swimming pool, and park on Ridge Park Road, and emphasized the need for slower traffic in that area. Dolly Ginter stated that more signage is needed, especially for visitors to the area, and suggested creating a left turn lane with a mandatory stop on the upward slope of the hill. City Manager Bludau stated that he will work with Public Works Director Badum and Police Chief Luman to come up with suggested recommendations to address the concerns regarding the Ridge Park Road area. He also reiterated that installing a stop sign on that road might be prohibited. Gary Poelstra requested adding speed bumps in the Miramar Drive alley to slow motorists down. City Manager Bludau noted that installing speed bumps in alleys does not comply with the speed bump policy and stated that he would contact Mr. Poelstra after looking into the issue further. XVII. CURRENT BUSINESS 18. PROPOSITION 218 RATESETTING PROCEDURES. City Manager Bludau noted that the City is not mandated by the State to establish a ratesetting procedure. In response to Council Member Daigle's question, Special Counsel Sperry clarified that voting procedures need a majority protest to fail, which is established when more than 50% of those affected by the rate increase submit written protest. It was moved by Council Member Gardner, seconded by Mayor Pro Tem Curry to adopt Resolution No. 2009 -58 establishing procedures for the submission and tabulation of protests in connection with water and wastewater ratesetting proceedings pursuant to Article XIIID of the California Constitution. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle XV. PUBLIC HEARINGS - Continued 16. PROPOSED ASSESSMENT DISTRICT NO. 103 - AREA GENERALLY BOUNDED BY G STREET, E. BALBOA BOULEVARD, CHANNEL ROAD, Volume 59 - Page 281 City of Newport Beach City Council Minutes July 28, 2009 AND OCEAN BOULEVARD - FOR UNDERGROUNDING UTILITIES AND 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.wes moved_by Council- Mem er Henn�seconded._b -y- _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 underground project, and authorizing and directing related actions with respect to Assessment District No. 103; 2) adopt Resolution No. 2009 -57 approving contracts with certain utility companies for utility improvements for Assessment District No. 103; and 3) approve a budget amendment (10BA -004) in anticipation of the formation and approval of Assessment District No. 103. The proposed Budget Amendment of $6,220,752 will provide $5,847,356 for the design, construction, financing and incidental contingencies, $373,396 to establish a bond reserve. The Budget Amendment will increase revenue estimates by $5,847,356 and increase expenditure appropriations by $5,545,556. The difference of $301,800 will be utilized to reimburse the City for past assessment engineering and design expenditures related to this district. 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 XVII. CURRENT BUSINESS - Continued 19. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SEVEN OF THE CITY COUNCIL'S 2009 PRIORITIES. City Manager Bludau and staff provided a staff report to discuss the following Council priorities: minimizing the adverse impacts of John Wayne Airport (JWA), the organizational performance improvement effort, the FY 2009 -2010 budget, the Facilities Financing Plan (FFP), group homes status, the General Plan, and fire hazard reduction efforts in Lower Buck Gully. Council Member Gardner requested a comparison of what was initially proposed versus what is now being proposed for the new Civic Center. In response -to Council questions, Assistant City Manager Kiff discussed recent developments with group homes, noted the key lobbyists against the legislation, stated that 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 Volume 59 - Page 282 City of Newport Beach City Council Minutes July 28, 2009 PROPOSED NEW OR INCREASED SPECIAL ASSESSMENTS. [891100 -20091 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 procedure, a policy, or taking each case on an individual basis would be appropriate regarding submitting a ballot for voting City property. It was the consensus of Council to discuss the issue further at a future Council meeting. In response to Council questions, Special Counsel Sperry stated that the City can accept faxed, scanned, or emailed copies of ballots. He also discussed when and where ballots should be opened and tabulated. Assessment Engineer Cox discussed locations and appropriate timeframes needed for counting ballots. Council proposed, under the discretion of the City Clerk, that ballots be counted at a time and location where the public can observe the tabulation. It was moved by Council Member Gardner, seconded by Council Member Rosanskv, to adopt the amended Assessment District Balloting Guidelines for use on any future assessment district balloting proceedings. 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 XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT - 9:05 p.m. The agenda for the Regular Meeting was posted on July 22, 2009, at 4:1$ p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 1' Iia1..1 I iAR: Volume 59 - Page 233 City of Newport Beach City Council Minutes July 28, 2009 Mayor V4^ r vim'' 1 0 ' p1EW City Clerk U CON L�FORN�P Volume 69 - Page 234