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HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 October 11, 2011 !! 1711111 `� .� a�: l�p �> City Council Minutes City Council Study Session September 27, 2011 — 4:00 p.m. I. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayof- -Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry-, Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. '. Council Member Daigle expressed appreciation o' staff for diligently researching. Item 10 (Agreement with Visit Newpor`t.,Beach, Inc. (VNB) for Destination Marketing Services] and requested that performance measures and feedback be provided. In response to her inquiry regarding'Item 15 (Council Policy Manual Update for 2011), Deputy Finance - Director Matusiewicz reported that the policies were updated using best practices, incorpoiating elements of sustainability, making few substantive changes in policies, and using,,result =based budgeting. He also explained contingency plans addressed through the'CityIsreserve policy, unfunded liabilities, and back -up plans. In response to her question regarding Council Policy F -14, City Manager "Kill suggested 6, request be made to place the item on the agenda or that he item; be presented do the Finance Committee first before Council review. Council Member 'Curry'- requested that ,language issued by the City Manager regarding: returning calls on the same-day be reflected in Policy F -19. 2. UPDATE EMERGENCY OPERATIONS PLAN. 1100 -20111 Emergency Services, ICoordinat6r Eing provided a PowerPoint presentation with a comprehensive overview of the City's Emergency Operations Plan (EOP). She listed recent and upcoming events in observance of September's National Preparedness Month.' 3. CITY COUNCIL REDISTRICTING. [331100 -20111 Planning Manager Alford and Systems and Administrative Manager Campagnolo provided a PowerPoint presentation that included the City Council Redistricting Committee report and addressed existing City Council Districts, evaluation methodology, and recommendations. Council Member Rosansky expressed his appreciation for the help received on this issue. In response to Council Member Daigle's question, Council Member Rosansky explained the rationale behind redistricting Districts 3, 4 and 5. It was noted that Volume 60 - Page 251 City of Newport Beach City Council Study Session September 27, 2011 the goal was to balance the population in all the Districts as best as possible. Tim Stokes expressed support for the redistricting plan and thanked Council for their hard work. III. Jim Mosher thanked Mayor Henn for explaining elements of the pension plan at a Meet the Mayor Meeting, commended City Manager Kiff for amending his employment agreement, and expressed concern regarding the cost of funding the current level of benefits. He also asked Council to consider discussing Item I1.1) in open session. IV. ADJOURNMENT - 4:44 p.m. The agenda for the Study Session was posted on September .22, 2011, at 3:00 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Uerk Recording Secretary Mayor Volume 60 - Page 252 City Council Minutes City Council Regular Meeting September 27, 2011 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 4:44 p.m. A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(a)): Two matters: 1. MORN u. City of Newport Beach; Orange County Superior Count Case No. 30- 2011- 00447004-CU- WM -CJC 2. Morningside Recovery, LLC u. City, of Newport Beach, Orange County Superior Court Case No. 30, 2011- 005059*C,U -WM -CJC B. CONFERENCE WITH LEGAL:, -COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant -to Government Code § 54956.9(b)(1)): The September 15, 2011 fallen Eucalyptus tree incident near the intersection of Irvine Avenue and Westcliff /,17th Street. C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION INITIATION OF LITIGATION (Government Code § 54956.9(c)): One matter. D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Agency Designated 116iesentatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri 'Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and Negotiator Employee Organizations: All 'Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL) Lifeguard Management Association (LMA); Fire Beach Fire Management Association (AIBFMA); Newport Beach Firefighters' Association (NBFA); Police 'Management Association (PIvLA); Police Employees' Association (PEA); and Fire Management Association (FMA); City Employees Association (NBCEA); Newport Beach Professional &,Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); Newport Beach Part -Time Unit (UPEC, Local 777) III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle VI. CLOSED SESSION REPORT - City Attorney Harp announced that there are no Volume 60 - Page 253 City of Newport Beach City Council Minutes September 27, 2011 reportable actions VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Gardner VIII. INVOCATION - Pastor Bradley Stienstra, Newport Harbor Lutheran Church IX. PRESENTATION R 9" Presentation of Checks to the Library from the Friends of the Newport Beach Library and the Newport Beach Public Library Foundation (NBPLF) - Library Services Director Cowell presented checks totaling $381,000 to the Mayor from the Friends of the Newport Beach Library and the Newport Beach Public Library Foundation (NBPLF)1`and reported how the funds will be used. Nancy O'Conney and Virginia Hayter from the - Friends of the Newport Beach Library presented their check. NOTICE TO THE PUBLIC Council Member Daigle reported attending the Annual ,Gala of the Crystal Cove Alliance, noting that funding is being used for restoration:and education. ` Mayor Pro Tern Gardner noted that the City's Lerdlhlower Ordinance will be in effect in November and in response to her inquiry, City Manager,Kiff addressed steps being taken by the City to notify gardeners and landscapers. In addition, ;Mayor Pro :Tem Gardner reported on a recent presentation by students from- Newport Harbor High-School to the Environmental Quality Affairs Citizens Advisory Committee' (EQAC) about single -use bags and banning plastic bags. She inquired whether Council would like to have EQAC consider the matter or provide suggestions. Following discussion, -,City Manager Kiff recommended that this issue, along with any other potential items, come back to Council in a form that will allow Council to straw vote whether the issue should be taken up. Mayor Henn reported that.he and-Mayor Pro Tem Gardner attended the recent Group Homes Mini Conference to provide an update to,the community on changes on the drug and alcohol residential rehabilitation issues and noted it was well- attended. He reported receiving positive feedback on the event, referenced the 75th Anniversary of the Fun Zone, announced that the 501h Annual Sandcastle Contest at Big Corona State Beach will be on October 2, and announced that the Ronald Reagair,Statue dedication will be held at Bonita Canyon Sports Park on Sunday, October 9, at 1:00 p.m. In addition, Mayor Henn reported attending a dinner in honor of sixteen people from Okasaki, Japan, who visited to help dedicate a park bench in honor of one of their members, who passed away, as well as a Newport Beach resident who collaborated in the Sister City relationship 25 years ago. Council Member Rosansky stated that he leases property within a 500 -foot radius of 1537 Monrovia Avenue and 1539 Monrovia Avenue, and will be recusing himself from Item 3 (Monrovia Avenue Amendments). XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF Volume 60 - Page 254 City of Newport Beach City Council Minutes September 27, 2011 SEPTEMBER 13, 2011. [100 -20111 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 pursuant to Charter Section 412. B. ORDINANCE FOR ADOPTION 3. MONROVIA AVENUE AMENDMENTS - 1537 MONROVIA AVENUE (PA2011 -082) AND 1539 MONROVIA AVENUE (PA2011 -105) - AMENDMENT TO THE ZONING MAP TO CHANGE THE DESIGNATION OF THE SUBJECT PROPERTIES FROM BSIJLTI -UNIT RESIDENTIAL (RM 2420) TO GENERAL INDUSTRIAL (IG'.50' -FAR). [100 -20111 Conduct second reading and adopt Ordinance No. 2011 =23 approving Code Amendment No. CA2011 -008 and Code Amendment No. C, 011 -009. Council Member Rosansky recused himself since he has interest in real property within 500 feet of the,subject property. C. RESOLUTIONS FOR ADOPTION 4. ADOPTION OF REVISED EMERGENCY OPERATIONS PLAN' (EOP). [100 -20111 a) Adopt Resolution No. 2011 -93 revising the City's Emergency Operations Plan pursuant to Chapter_ 2.20 of the.Newport Beach Municipal Code and directing staff to submit to the California Emergency Management Agency (Cal EMA); and b) rescind Resolution No.- 2003 -7 adopted by the City Council on January 27, 2004, which adopted the previous version of the City's Emergency Operations Plan, 5. AMENDMENT" NO. ONE TO CITY MANAGER'S EMPLOYMENT AGREEMENT (C- 4358). [38/1011 -20111 Adopt Resolution No. 2011 -94 approving and authorizing the Mayor and City Clerk to execute Amendment No. One to the City` Managers Employment Agreement. Council Member "Rosansky commended the City Manager for amending his contract. D. CONTRACTS AND AGREEMENTS 6. WAYFINDING SIGN PROJECT - COMPLETION AND ACCEPTANCE OF CONTRACT' NO. 4040. [381100 -20111 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. 13ALBOA THEATER POTENTIAL LEASE AMENDMENTS (C- 3248). [381100 -20111 Continue the item to the October 11, 2011, City Council meeting to allow for sufficient time to research the issue and review the proposed amended lease with the Balboa Foundation prior to Council's review. 9. PROFESSIONAL SERVICES AGREEMENTS WITH THE PLANNING CENTER FOR ENVIRONMENTAL SERVICES FOR THE KOLL CENTER NEWPORT (C4940) AND UPTOWN NEWPORT VILLAGE MIXED -USE Volume 60 - Page 255 City of Newport Beach City Council Minutes September 27, 2011 DEVELOPMENTS (C4941) (PA2010 -132 & PA2011 -134). [381100 -20111 Approve the two Professional Services Agreements, and authorize the Mayor and City Clerk to execute the Agreements. E. MISCELLANEOUS 11. PLANNING- COMMISSION AGENDA FOR SEPTEMBER 22, 2011. [100- 2011] Receive and file written report. 12. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO THE FY2011/12 MAINTENANCE AND OPERATIONS BUDGET. [100 -20111 Approve Budget Amendment No. 12BA -009 to increase revenue estimates by r $215,500 in Account No. 4091 -5892 (Friends of`the Library Donations) - expenditure estimates will be increased by? the same smount in Division 4091 (Friends of the Library) and Division 406,0 "(Literacy Services). 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM.T.HE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AN61kP.PROPRIATE FUNDS FOR THE MAINTENANCE AND OPERATIONS BUDGET FOR FY2011 112. [100 -20111 Approve Budget Amendment No. 12BA -010 to increase revenue estimates by $165,700 ,in. Account No. 4090 -5893 (Library Foundation/NBPLF) - expenditure estimates, will be increased by the same amount in Division 4090 (Literacy F?oundation). Motion by Mayor Pro Tern Gardner, seconded`by ,Councif Member Rosansky to approve the Consent Calendar, except for the items removed (&' 10.':14_and` +15); and noting the recusal to Item 3 by Council Member Rosansky and the amendments to Item 1. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XIII. ITEMS REMOVED'FROM THE CONSENT CALENDAR 8. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH FRIEDMAN, $TROFFE, GERARD, P.C. (C4960). [381100 -20111 In'response to Council Member Daigle's concern, City Attorney Harp explained the primary.reason for the agreement, noted that the capital contract is for $25,000 which can be amended by the City Manager, stated that this is the same type of contract that the City has with other outside legal counsel, and added that the work will be monitored continuously.` Council Member Rosansky discussed the benefits of having someone under contract who has knowledge and background of current City issues. Jim Mosher expressed opposition to the agreement due to the perception it may create. Motion by Council Member Rosansky, seconded by Council Member Selich to authorize the City Attorney to enter into a Professional Services Agreement with the law firm of Friedman, Stroffe & Gerard, P.C. Volume 60 - Page 256 City of Newport Beach City Council Minutes September 27, 2011 The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry Noes: Council Member Daigle 10. AGREEMENT WITH VISIT NEWPORT BEACH, INC. (VNB) FOR DESTINATION MARKETING SERVICES (C- 4961). (381100 -2011] Mayor Pro Tem Gardner referenced Page 5, Section 10, of the new agreement and believed that the City should not limit the VNB Executive Board Members to the tourism and hospitality industries, and instead she would rather have a Board with experience. Mayor Henn believed that the principal objective would be t,6 'have someone with primary experience in board governance. In response to Council Member Daigle's question, City Manager Kiff noted that the agreement includes a requirement for the VNB-to set annual performance standards that are consistent with goals and industry practices. Gary Sherwin, VNB President and. CEO, ,and Tom Johnson, VNB Executive Board Member, explained the process of setting and`rzaching performance goals and returns on investments. Mr. Sherwin spoke of the benefits and successes of public/private partnerships. Mayor Henn requested that the VNB share-goals and performance matrices with Council on an annual basis. Jim Mosher discussed -the benefits and disadvantages of increased tourism in the City and suggested variousrchangestothe agreemenefor increased transparency. Laurie DiGiovanni, Association of Finance and Insurance Professionals, expressed opposition, stating that- she. _is concerned. with VA'B's marketing plan, unwillingness to welcome innovRtion; .,and unwillingness to consider events in the action sports industry. - Council discussed Transient Occupancy Tax (TOT) revenue generation in comparison to sales and property taxes. Council Member Curry noted that the City's tourism industry is essential to the services enjoyed in the City. He commended VNB for their work in bringing people and their funds into Newport Beach. ' Council Member Rosansky added that the industry also influences the amount of sales tax generated. Motion by Council Member Rosansky, seconded by Council Member Curry to a) authorize the Mayor and City Clerk to execute the agreement between the City and Visit Newport Beach, Inc. in a manner and form substantially similar to the document attached to the staff report; and b) authorize the City Clerk to seek applications for the City's appointment to the VNB Executive Board. The motion carried by the following roll call vote: Volume 60 - Page 257 City of Newport Beach City Council Minutes September 27, 2011 Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Sehch, Council Member Curry, Council Member Daigle 14. APPROVAL OF "FREE" RIGHT -TURN STRIPING AND SIGNAGE DESIGN TEMPLATES TO ENHANCE BICYCLE FACILITIES. 1100 -20111 Jim Mosher expressed concern with the proposed bicycle safety signs and believed that they will not clearly denote the related hazards. Public Works Director Badum noted that various sign options are being considered and that final approval is needed from the State, which takes time,. Motion by Mayor Pro Tem Gardner, seconded by - Council Member Selich to approve "free' right turn design templates to be deployed at'intersections within the City, as determined by Public Works staff. Curry/Public Works Director Badum The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member. Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle 15. COUNCIL POLICY MANUAL UPDATE FOR 2011; [100 -20111 Jim Mosher commended staff for their work,',but suggested continuing the item to the next meeting to allow the public more time to review, the changes being proposed. He pointed out minor corrections and expressed concerns ,regarding'settmg administrative policies. In response to Council ` Member Daigle ?s question, City Manager Kiff recommended submitting Council Policy F -14 to the Fhance Committee for review, discussion, and then to the Council. He noted that Council lids the opportunity to amend the policies at any time. Council Member Curry, reiterated his' comments from Study Session regarding incorporating a clause to return calls on the same day into Policy F -19. In response to Mayor 'Pro Tem Gardner's, question, City Attorney Harp clarified that to the extent the policies conflict with the Charter, they would be invalid. City Manager Kiff noted the commonality of administrative policies and procedures. City Attorney Harp believed that policies I -1, I -3 and I -6 could be reconciled with those of the Library By -Laws. Mayor Henn noted the difference between policies and process, and stated that process should be represented in the administrative procedures of the City. Motion by Mayor Pro Tem Gardner, seconded by Council Member Selich to approve revisions to Council Policies A -12, B -2, B -8, F -2, F -3, F -4, F -8, F -11, F -13, F -15, F- 17, F -19, F -25, H -3, I -1, 1-3,1-6, K -1, K -2, K -3, K -4, K -5, K -7, K -8, K -9, K -10, K -11, L -18 and L -22, as corrected and amended; and deletion of Council Policies F -6, F -12, F -16, F -18, F -22, F -24 and F -26. Volume 60 - Page 258 City of Newport Beach City Council Minutes September 27, 2011 The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle XIV. PUBLIC COMMENTS XV Tom Billings, Maintain Our Residential Neighborhood (MORN), discussed the abatement order recently issued to Morningside Recovery, encouraged consistent Code Enforcement by the City as well as distribution of updated information, and briefly spoke about funds expended by VATB. City Attorney Harp reported that Morningside Recovery has filed a Writ of Action challenging the Council's action to terminate the Zoning Agreement and provided,a Brief update. Milo referenced a recent tragedy in the City and read memorial notes lefi at the site. Betina Deininger stated that meetings are being conducted on the beach by patrons of Morningside Recovery on Sundays and inquired whether they needed a permit to do so. Mary Chalmers expressed concern about street`pakking, litter, and debris on the streets near Fletcher Jones Motorcars. Joven Orozco expressed concern regarding the ping pong table at the Sober Living facility near his office, stating that it interferes with his business. , Council Member Hill reported that he chaired a recent City Aviation Committee which meets on the fourth Monday of every month at 8:00 a.m. He reported that they discussed departure patterns and provided an update on airport' operations. He acknowledged that the Airport Authority continues to cooperate'with the City and noted that the gate allocation exercise is almost complete. Council Member Rusansky reported that he initiated discussions to restart talks about constructing the 19`h Street Bridge at the Santa Ana River Crossings Committee (SARX) meeting and noted that two meetings have been held at OCTA Headquarters regarding the matter. He added'that the Committee is moving forward with making presentations to the respective Councils to gauge public support. Council Member Daigle reminded the public on the helpful resources provided by Vector Control, discussed the Asian tiger mosquito and the related illness connected with its bite, and encouraged residents to report observances of the mosquito or incidents of its bite. Mayor Henn reported that the City is very busy with its revitalization efforts. He referenced a recent meeting of the Overarching Committee for Neighborhood Revitalization on September 15 where members reviewed the design guideline process and progress for Lido Village and City Hall, as well as an update on the activities of other Citizen Advisory Panels. In addition, he reported being the liaison to the Santa Ana Heights Citizens Advisory Panel that held a meeting on September 21 where the Committee reviewed conceptual designs on the gateway to the City on Bristol South between Irvine Avenue and Jamboree. He reported that the Balboa Village Citizens Advisory Panel met on September 22 where the principal item of discussion was the consideration of constructing a vision statement. In addition, he reported on a meeting of the Tidelands Management Committee on September 21 where a discussion took place about the dredging in Lower Newport Bay and efforts to enable expanded dredging. He noted a meeting of the Volume 60 - Page 259 City of Newport Beach City Council Minutes September 27, 2011 Affordable Housing Task Force on September 26 and reported that staff has reached an agreement with the State and are moving forward with approval of the Housing Element. XVI. PUBLIC HEARINGS 16. FLETCHER JONES VEHICLE STORAGE FACILITY (PA2011 -076). [100 -2011] 17. ANNUAL REVIEW OF THE ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA, INC. (SLBTS) (PA2010 -150). [681100 -2011) City Manager Kiff explained the reason for -the continuation of Items 1.6 and 17, and requested that Council continue both items to the October;j 1. Council meeting. Mayor Henn asked if any member of Council or the „public wanted to provide testimony or had any questions. No testimony or questions were provided. Motion by Council Member Curry, seconded by Council Member Rosansky to continue Items 16 and 17 to the City Council meeting of October 11, 2011. _ The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Sehch, Council Member Curry, Council Member Daigle XVII. MOTION FOR RECONSIDERATION - None” XVIII. ADJOURNMENT - 8:34 p.m. The agenda for the Regular 'Meeting was' posted on September 22, 2011, at 3:00 p.m. on the City Hall Bulletin Board located 'outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 60 - Page 260