HomeMy WebLinkAbout09/27/2011 - Regular Meetingins SBA I'
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 Court Case No. 30-
2011- 00447004 -CU- W M -CJC
2. Morningside Recovery, LLC u. City of Newport Beach, Orange County
Superior Court Case No. 30- 2011- 00505900 -CU -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 Representatives: Dave Miff, City Manager; Dana Smith, Assistant
City Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special
Counsel and Negotiator
Emolovee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Lifeguard Management Association (LMA); Fire Beach Fire
Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA);
Police Management Association (PMA); 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
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VI. CLOSED SESSION REPORT - City Attorney Harp announced that there are no
reportable actions
VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Gardner
VIII. INVOCATION - Pastor Bradley Stienstra, Newport Harbor Lutheran Church
IX. PRESENTATION
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), 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.
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 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 Leafblower 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 Tern 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 50th
Annual Sandcastle Contest at Big Corona State Beach will be on October 2, and announced that
the Ronald Reagan 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 Okazaki, 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
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF
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SEPTEMBER 13, 2011. [100 -2011] 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 MULTI -UNIT RESIDENTIAL
(RM 2420) TO GENERAL INDUSTRIAL (IG .50 FAR). [100 -2011] Conduct
second reading and adopt Ordinance No. 2011 -23 approving Code Amendment
No. CA2011 -008 and Code Amendment No. CA2011 -009.
Council Member Rosanshy 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. 2004 -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). [381100 -20111 Adopt Resolution No. 2011 -94
approving and authorizing the Mayor and City Clerk to execute Amendment No.
One to the City Manager's 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. BALBOA 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
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CENTER FOR ENVIRONMENTAL SERVICES FOR THE KOLL CENTER
NEWPORT (C -4940) AND UPTOWN NEWPORT VILLAGE MIXED -USE
DEVELOPMENTS (C -4941) (PA2010 -132 & PA2011 -134). [381100 -2011]
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-
2011] Approve Budget Amendment No. 12BA -009 to increase revenue estimates
by $215,500 in Account No. 4091 -5892 (Friends of the Library Donations) -
expenditure estimates will be increased by the same amount in Division 4091
(Friends of the Library) and Division 4060 (Literacy Services).
13, BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND
APPROPRIATE FUNDS FOR THE MAINTENANCE AND OPERATIONS
BUDGET FOR FY2011 /12. [100 -2011] Approve Budget Amendment No.
12BA -010 to increase revenue estimates by $165,700 in Account No. 4090 -5893
(Lit:rary Foundation/NBPLF) - expenditure estimates will be increased b_v the
same amount in Division 4090 (Literacy Foundation).
Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosansky to approve
the Consent Calendar, except for the items removed (8, 107 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 Tern 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,
STROFFE, GERARD, P.C. (C- 4960). [381100 -2011]
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.
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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.
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 to 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 reaching 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 various changes to the agreement for increased transparency.
Laurie DiGiovanni, Association of Finance and Insurance Professionals, expressed
opposition, stating that she is concerned with VNB's marketing plan, unwillingness to
welcome innovation, 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.
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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
14. APPROVAL OF "FREE" RIGHT -TURN STRIPING AND SIGNAGE DESIGN
TEMPLATES TO ENHANCE BICYCLE FACILITIES. [100 -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.
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 MANUNL 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 setting administrative
policies.
In response to Council Member Daigle's question, City Manager Kiff recommended
submitting Council Policy F -14 to the Finance Committee for review, discussion, and
then to the Council. He noted that Council has 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, I -3, I -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.
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The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XIV. PUBLIC COMMENTS
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 VNB.
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 left at the site.
Betina Derringer 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 parking, 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.
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
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 Rosansky reported that he initiated discussions to restart talks about
constructing the 191h 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 tools place about the
dredging in Lower Newport Bay and efforts to enable expanded dredging. He noted a meeting of
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the 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 -20111
17. ANNUAL REVIEW OF THE ZONING IMPLEMENTATION AND PUBLIC
BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA, INC. (SLBTS)
(PA2010 -150). [681100 -20111
City Manager Kiff explained the reason for the continuation of Items 16 and 17, and
requested that Council continue both items to the October 11 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 Rosanskv 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 Tem Gardner, Mayor
Henn, Council Member Selich, 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.
Recording S cretary
Mayor
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City Clerk
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