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HomeMy WebLinkAbout07/28/2009 - Study SessionCITY 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 Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Absent: Council Member Rosansky II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member Daigle's question regarding Item 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), City Attorney Hunt explained that extra staff is needed to keep up with the workload. In response to Council Member Daigle's question regarding Item 6 (Balboa Island Bulkhead and Seawall Repairs), Public Works Director Badum believed that the contingency funds from the project were used to repair walls at Bob Henry Park and noted that he will provide more information at the Council meeting. Council Member Henn noted that Item 20 (Adoption of Assessment District Balloting Guidelines for Proposed New or Increased Special Assessments) had words missing and asked staff to provide the information before the regular meeting tonight. 2. LAUNCH OF NEW WEB SITE. 1100 20091 Public Information Manager Finnigan showed a PowerPoint presentation introducing the new website and noted that the City selected Vision Internet as the consultant. She discussed the redesign process, Website Committee, the project participants, and noted that the old email extension and website address will automatically transfer to the new email addresses and website. Maggie Long, Vision Internet, discussed how the website was redesigned, stated that their main focus 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 Henn commended staff for their hard work, and Council Member Daigle expressed appreciation for the social networking capabilities that the new Volume 69 - Page 221 City of Newport Beach City Council Study Session July 28, 2009 website provides. 3. PROPOSITION 218 PROCEDURES. [100 -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. In response to Council Member Henn's question, Special Counsel Sperry stated that the protest procedure in Section 6 is outdated and that he has not seen a majority protest since November 1996. He stated that Council has the discretion to add a new paragraph or statement regarding recount procedures. City Attorney Hunt stated that he is not opposed to adding references pertaining to recounts and believed that Council has the authority to authorize themselves to make the decision to require a recount at a subsequent Council meeting should the balloting be within a certain amount. Mayor Pro Tem Curry stated that there is a need for discretion for a recount and supported City Attorney Hunt's suggestion to set a parameter for the amount of votes. Council Member Webb stated that larger assessment districts place a burden on the ballot counters to act faster than they should and suggested conducting the tabulation at a separate meeting. In response to City Manager Bludau's question, Special Counsel Sperry stated that the State legislature has no authority to make changes because water and sewer rates are property tax issues. Utilities Director Murdoch stated that there are no regulations that require the City to adopt the guidelines, but noted that staff is seeking direction from Council. Council Member Webb believed that the recount issue pertains to assessment districts and noted that because of the frequency and large number of ballots, a recount will most likely not be required. Council Member Gardner agreed and stated that she is comfortable with the Proposition 218 guidelines. 4. HARBOR AREA MANAGEMENT PLAN CHAMP). 1100 -20091 Harbor Resources Manager Miller discussed the Harbor Area Management Plan (RAMP) and added that it provides a framework for future work to be done in the Harbor. David Poll, Weston Consulting, utilized a PowerPoint presentation to highlight the objective, 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 w the information will he 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 2003 and it failed- He stated that the City made a Volume 59 — Page 222 City of Newport Beach 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 property line and noted that the Mariners Mile project is asking for an adjustment to the pierhead line. City Manager Bludau stated that prior to staff presenting information to the Harbor Commission, authorization is needed from Council. Council Member Gardner expressed support for the plan and emphasized that Council should be kept informed. Council Member Henn commended staff and the Harbor Commission for their hard work, and stated that the plan needs to be kept current. 6. MARINE LIFE PROTECTION ACT (MLPA) ISSUES. [100 -2009) Assistant City Manager Kiff presented a PowerPoint presentation that included a glossary of the following terms: Marine Life Protection Agency (MLPA), MLPA Initiative, Marine Protected Areas (MPA), State Marine Park (SMP), State Marine Reserve (SMR), and State Marine Conservation Area (SMCA). He discussed the five study regions, the MPA process, and the MLPA initiative process. He highlighted the key individuals involved in the process, the timeline, the six MLPA proposals, and the existing MPAs, and discussed the input provided by the surrounding communities. In response to Council questions, Council Member Daigle stated that the nine mile radius is the spacing guideline and discussed the groups in the MLPA process and their purpose. Council Member Gardner noted that, in other MPAs, local fishermen helped with the enforcement of protecting marine life areas. She believed that the program is a good approach and noted that she talked to the Dory fishermen and they felt they would not be impacted by the plan. Mayor Selich commended Assistant City Manager Kiff for the explanation of the program. Ken Kramer, California State Parks, discussed their role in the MLPA process and noted that enforcement of the plan is handled by the California Department of Fish and Game. David Pryor, Senior Environmental Scientist for the Orange County District of Parks, stated that the Act protects the coastline and discussed the importance of national and geologic resources. He noted the importance of eco- tourism to educational programs. Council 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 Tem 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. Wo Mizara, Orange County Coastkeeper, expressed support for the project and provided Volume 59 — Page 223 City of Newport Beach City Council Study Session July 28, 2009 education material. III. PUBLIC COMMENTS -None IV. ADJOURNMENT - 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. City Clerk " °1 +1Vd �. Volume 59 - Page 224