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Home My WebLink About12/13/2011 - Regular Meeting0e P01 ., A n r V V 0 JIM �� City Council Minutes City Council Regular Meeting December 13, 2011 5:00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL Present: Council Member Hill, Mayor Pro Tem Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle Excused: Council Member Rosansky Council Member Rosansky arrived at 4:05 p.m III. PUBLIC COMMENTS ON CLOSED SESSION AGENDA - None IV. CLOSED SESSION - 4:00 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): Heading Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard I reisler, Special Counsel and Negotiator Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Newport Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); City Employees Association @rBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); Newport Beach Part-Time Unit (UPEC, Local 777) V. RECONVENED AT 5:00 P.M. FOR REGULAR MEETING VI, ROLL CALL Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle VII. CLOSED SESSION REPORT City Attorney Harp announced that the City Council will adjourn back into Closed Session at the end of the regular meeting. VIII. PLEDGE OF ALLEGIANCE - Council Member Rosansky IX. INVOCATION - Reverend Richard Kennwisher, St. Andrews Presbyterian Church X. PRESENTATION Volume 60 - Page 314 City of Newport Beach City Council Minutes December 13, 2011 Presentation of the Turning Red Tape to Red Carpet Award to the City from the Orange County Business Council (OCBC) - OCBC Vice President of Government Affairs Kate Klimow discussed the award and presented it to Mayor Henn. XI. NOTICE TO THE PUBLIC XII. 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 congratulated the Corona del Mar High School football team for winning the CIF championship again. Council Member Curry reported that he attended the Speak Up Newport Christmas Party. Council Member Selich announced that be attended the grand opening of the Balboa Island Museum and Historical Society. He requested that a staff report be brought back to Council to initiate a Zoning Code change relative to fence heights for raised homes. Mayor Henn announced that he attended the 2011 Friends of the Conservancy Award Ceremony in which one of the recipients was Jean Watt. He stated that he also attended the grand opening of Casey's Cupcakes at Fashion Island. He noted that the Christmas Boat Parade starts December 14 and runs through December 18. He reported that the Neighborhood Revitalization Committee will meet on December 15 in the Council Chambers, and the Neighborhood Revitalization Committee and the Balboa Village Revitalization Citizens Advisory Panel (CAP) will have a joint meeting on December 20 at 4:00 p.m. at the ExplorOcean Nautical Museum. He also wished everyone Happy Holidays. XII. CONSENT CALENDAR A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS MINUTES OF THE STUDY SESSION AND REGULAR MEETING OF NOVEMBER 22, 2011, AND SPECIAL MEETING OF NOVEMBER 29, 2011. [100 -20111 Waive reading of subject minutes, approve as amended, and order filed. Council Member Hill requested that page 305 of the November 22, 2011 minutes be amended to read, "...and believed that parking permit fee increases should only be made in connection with added value." 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. ORDINANCES FOR ADOPTION 3. CITY COUNCIL REDISTRICTING. [331100 -20111 Conduct second reading and adopt Ordinance No. 2011-27 approving the City Council Redistricting Committee's proposed changes to the City Council District boundaries. C. CONTRACTS AND AGREEMENTS D. MISCELLANEOUS 6. PLANNING COMMISSION AGENDA FOR DECEMBER 8, 2011. [100 -20111 Volume 60 - Page 315 City of Newport Beach City Council Minutes December 13, 2011 Receive and file. JUSTICE ASSISTANCE GRANT - ANNUAL AWARD (C- 3999). [381100 -20111 a) Approve Agreement to transfer funds for Fiscal Year 2011, Justice Assistance Grant Annual Award, and authorize the City Manger to execute the Agreement per Council Policies F -3 and F -25 (therefore, to comply with Council Policy F -3, the City Manager may accept grants or donations of up to $30,000 on behalf of the City); and b) approve Budget Amendment No. 12BA -020 increasing revenue estimates in the amount of $10,977 in Account No. 1290 -5257, and increase expenditure appropriates in Account No. 1290 -7095. Motion by Mayor Pro Tem Gardner, seconded by Council Member Rosansky to approve the Consent Calendar, except for the items removed (4 & 5); and noting 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 4. APPROVAL OF MASTER FEE SCHEDULE AND CHANGE IN SUBSIDIES. [100- 20111 Jim Mosher believed that there are anomalies in the updated fees relative to dog licenses, library room rentals, and other fees. He questioned how outsourcing will affect the fees. Mayor Henn indicated that the ordinances can be approved today and, if any fees need correcting, staff can bring back a report to recommend a correction. City Attorney Harp indicated that he can meet with Mr. Mosher about dog licenses, but reported that the fee complies with Government Code. Finance Director McCraner indicated that she stands behind the staff report because dog licenses are written into the Government Code. Motion by Council Member Selich, seconded by Mayor Pro Tem Gardner to a) conduct second reading and adopt Ordinance No. 2011 -28, amending NBMC Section 3.36.030; b) conduct second reading and adopt Ordinance No. 2011 -29, amending NBMC Section 5.04.200 and deleting NBMC Sections 5.08.040, 5.08.050, 5.08.060, 5.08.070 and 5.08.080 and c) conduct second reading and adopt Ordinance No. 2011 -30, amending NBMC Sections 14.12.010, 14.12.090, 14.12.125, 14.20.010, 14.20.020, 14.20.050, 14.20.060, and 14.20.070 and deleting Section 14.20.030. 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 PURCHASING AGREEMENT FOR JUNIOR LIFEGUARD UNIFORMS (C- 5016). [381100 -20111 In response to Mayor Pro Tem Gardner, Assistant Chief of Lifeguard Operations Williams explained how the cost decreases over the three years by contracting with one company. He confirmed that almost the entire cost is paid by the participant fees. Motion by Mayor Pro Tem Gardner, seconded by Council Member Curry to award three (3) year purchasing agreement to Quiksilver, Inc. to provide the Junior Lifeguard Volume 60 - Page 316 City of Newport Beach City Council Minutes December 13, 2011 Uniforms with a 2012 cost of $167,045 plus tax, a 2013 cost of $175,836.84 plus tax, and a 2014 cost of $185,091.25 plus tax (this totals a 3 -year cost agreement of $527,973.25 plus tax). 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 John Forns reported on the Orange County Grand Jury (www.ocgrandjury.org), stated that they are recruiting for next year, and that the deadline to apply is January 13, 2012. Jim Mosher believed that the public should have more involvement in the John Wayne Airport (JWA) settlement agreement negotiations. Council Member Daigle stated that, at the beginning of the year, JWA settlement agreement direction and strategy should be brought before the executive committee in order for the City Council to understand the process. Erle Halliburton, supporter of I Heart Puppies, indicated that they raised funds during the Corona del Mar Christmas Walk for animal shelters and Pick -A -Pet. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Hih reported on the accident that occurred at the crosswalk in front of Newport Harbor High School (NHHS); and how the City, NHHS, the Newport -Mesa Unified School District, student body representatives, school site council representatives, and PTA representatives collaborated to come up with six changes to improve traffic flow and safety around the high school. Council Member Daigle reported that the Aviation Committee meets on the fourth Monday of the month at 8:00 a.m. in the Friends Room. She indicated that they received a report on the STREL departure path, noted that the Federal Aviation Administration (FAA) controls departures out of JWA, reported that she and City Manager Kiff met with aviation experts and learned that changes to departure procedures can result in the FAA changing 16,000 underlining charts, and stated that the number of passengers using the airport is lower than the allowable passenger cap. She indicated that Aviation Committee information can be found on the City's website or by contacting the City Manager's Office. Council Member Curry reported that the Finance Committee received a report that indicated that revenue projections are on target and complimented Council Member Hill for his leadership relative to the tragedy that occurred in front of NHHS. XVI. CURRENT BUSINESS 8. MEMORANDUM OF AGREEMENT (MOA) WITH THE US ARMY CORPS OF ENGINEERS (C- 5018); BUDGET AMENDMENT NO. 12BA -021: APPROPRIATION OF FUNDING FOR LOWER BAY DREDGING PROJECT; RESOLUTION NO. 2011- 112, RELATING TO A LOWER NEWPORT BAY DREDGING PROJECT. [381100- 2011] Harbor Resources Manager Miller utilized a PowerPoint presentation to discuss the recommendations outlined in the staff report, provide an overview of the Lower Newport Bay Dredging Project, benefits of the Corps' permitted dredging project, the order of priorities for the dredging areas, costs and funding opportunities, potential funding sources, Volume 60 - Page 317 City of Newport Beach City Council Minutes December 13, 2011 and the option for private donations. Council Member Rosansky noted that the City is committing significant funding, but emphasized that this is in line with promises made to the harbor and boating communities. He stated that the money will be put back into the harbor. Council Member Selich emphasized the importance of the moving forward. He suggested that, at the first of the year, the City look at other necessary resources, and County and private funding aspects. He pointed out that the permits are in place, the Corps is going to manage the project, the contractor has been selected, pricing is good, and the Port of Long Beach (POLB) will take the harbor's unsuitable material. Council Member Curry noted that the harbor has not been dredged since President Roosevelt was in office, and stated that the City needs to continue to make it a resource and maintain its economic viability. Motion by Council Member Curry, seconded by Council Member Selich to a) authorize the Mayor to execute an MOA with the Army Corps of Engineers relating to City financial participation in the Lower Newport Bay Dredging project; b) adopt Budget Amendment No. 12BA -021 that would authorize the provision of $$2,500,000.00 to assist in funding the Lower Newport Bay Dredging Project (to be considered a loan from the Tidelands Fund to be reimbursed over time from Tidelands revenues); and c) adopt Resolution No. 2011 -112 relating to establishing a special fund and accepting private donations and a County of Orange contribution for the Lower Newport Bay Dredging Project. Council Member Daigle expressed support for seeking private donations since there is a lot of support fo.e the harbor and everyone recognizes its viability and value to the community.. Mayor Henr stated that he intends to do what he can to move this forward and identify potential private funding sources. He noted that there is a firm deadline for removing the unsuitable sediment and emphasized that the City needs a fully formed plan for the project by March 2012. Denys Oberman believed that the City should use the Civic Center contingency money for this project instead of using it for the San Miguel Bridge. City Manager Miff discussed current potential revenue sources that the City can use to fund its share of the project. 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 City Manager Kiff thanked the Public Works Department for all their hard work on this effort, especially Harbor Resources Manager Miller, the Tidelands Management Committee, and the Harbor Commission. Council Member Rosansky also thanked Harbor Resources Manager Miller for his work on the Rhine Channel Dredging Project. 9. APPOINTMENT OF MEMBER TO THE VISIT NEWPORT BEACH (VNB) EXECUTIVE COMMITTEE. [100 -2011] Mayor Pro Tem Gardner expressed support for Paul Blank since she has worked with him and has the appropriate background for the position. Jim Mosher believed that the staff report should have included a full list of applicant names Volume 60 - Page 318 City of Newport Beach City Council Minutes December 13, 2011 and why the finalists were selected. Additionally, he believed that Visit Newport Beach, Inc. (VNB) has' not received City approval of their budgets, failed to post board meetings, and does not provide information about the duties of the VNB Executive Committee. He questioned the City's VNB Executive Committee position and hoped that the member will report back to the City. Cindy Koller provided a handout about Dennis O'Neil that was written by Bob Rush and expressed concerns relative to Dennis O'Neil's possible appointment. Lorrie Morris expressed concerns about Council possibly appointing Dennis O'Neil due to his alleged involvement with group homes. Denys Oberman believed that Dennis O'Neil may have a conflict of interest and encouraged Council to appoint Paul Blank. Motion by Mayor Pro Tem Gardner, seconded by Council Member Curry to conduct the VNB Executive Committee appointment of either Paul Blank or Dennis O'Neil pursuant to Council Policy A -2, .Board and Commission Appointments. Council Member Selich stated that the characterizations of Dennis O'Neil are untrue and that he has done nothing but good for the community. Council Members Curry and Hill agreed with Council Member Selich. Council Member Rosansky noted that Dennis O'Neil also represents Hoag Hospital and has served on many efforts in the City. The motion carried by the following roll call vote: Ayes: Council Member Hill. Council Member Rosansky, Mayor Pro Tern Gardner, Mayor Henn, Council Member Selicb, Council Member Curry, Council Member Daigle City Clerk Brown provided the City Council with paper ballots and announced the votes as follows: Paul Blank - Gardner Dennis O'Neil - Hill, Rosansky, Selich, Curry, Daigle, and Mayor Henn Council Member Hill announced that Paul Blank impressed the ad hoc appointments committee and should be placed on a City committee. 10. APPOINTMENT OF A NEW MEMBER TO THE PLANNING COMMISSION TO SERVE UNTIL JUNE 30, 2012. [100 -20111 Council Member Rosansky indicated that he will be voting for one of the applicants, but noted for the record that he objects to the process. Jim Mosher believed that the Planning Commission should be geographically diverse and the applicant should provide a different perspective to Planning issues. He also noted that there are no women on the Planning Commission, one of the applicants lives within 500 feet of Banning Ranch, and others may have conflicts that would prevent them from voting on the project. Motion by Council Member Curry, seconded by Council Member Selich to appoint the person who receives a majority of the City Council votes to the Planning Commission to fill the unexpired balance of Planning Commissioner Charles Unsworth's term, which ends June 30, 2012. Volume 60 - Page 319 City of Newport Beach City Council Minutes December 13, 2011 The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Henn, Council Member Selich, Council Member Curry, Council Member Daigle Noes: Council Member Rosansky, Mayor Pro Tem Gardner Council Member Curry stated that he contacted many of the applicants and expressed hope that the City can find positions for them. City Clerk Brown provided the City Council with paper ballots and announced the votes as follows: Tim Stoaks - Gardner Larry Tucker - Hill, Rosansky, Selich, Curry, Daigle, and Mayor Henn XVII. MOTION FOR RECONSIDERATION - None XVIII. REORGANIZATION A. ELECTION OF MAYOR City Attorney Harp announced that the Fair Political Practices Commission (FPPC) has recently advised cities that a Council Member who is nominated for the position of Mayor should not participate in the decision because the Mayor position receives additional compensation that the other Council Members do not receive. Therefore, whomever is nominated for the Mayor position should recuse themselves and leave the dais while the vote is being conducted. City Clerk Brown presided over the election of the Mayor. City Clerk Brown, in presiding, placed all members of the Council on an equal basis to nominate and elect. She also announced that the same procedure will occur for the Mayor Pro Tem election. Council Member Selich nominated Council Member Gardner for Mayor. Council Member Gardner recused herself and left the dais. Motion by Council Member Currv, seconded by Council Member Hill to close nominations and vote for Mayor. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Council Member Henn, Council Member Selich, Council Member Curry, Council Member Daigle The City Council voted unanimously by lights to appoint Council Member Gardner as Mayor for 2011.2012. Mayor Gardner took her proper place at the Council dais. B. ELECTION OF MAYOR PRO TEM. City Attorney Harp reported that the new FPPC decision can also apply to the Mayor Pro Tem position since the Mayor .Pro Tem can assume the role as Mayor, and will need to recuse themselves and leave the dais. Mayor Gardner, in presiding, placed all members of the City Council on an equal basis to Volume 60 - Page 320 City of Newport Beach City Council Minutes December 13, 2011 nominate and elect. Council Member Hill nominated Council Member Curry for Mayor Pro Tem. Council Member Curry recused himself and left the dais. Motion by Council Member Selich, seconded by Council Member Henn to close nominations and vote for Mayor Pro Tem. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Council Member Henn, Mayor Gardner, Council Member Selich, Council Member Daigle The City Council voted unanimously by lights to appoint Council Member Curry as Mayor Pro Tem for 2011 -2012. Mayor Pro Tem Curry took his proper place at the Council dais. C. SEATING ARRANGEMENTS FOR CITY COUNCIL. The City Council decided on the seating arrangement for the Council dais, with the senior Council Member having first preference. The following seating order was determined (left to right): Hill - Rosansky - Curry - Gardner - Selich - Henn - Daigle D. REMARKS. Presentation of Gavel Plaque to Outgoing Mayor - Mayor Gardner presented the gavel plaque to outgoing Mayor Henn. Outgoing Mayor Remarks - Outgoing Mayor Henn discussed his goal of increasing the level of long term and generational planning during his tenure as Mayor. He expressed his thanks to his wife, Lynn, and their family. He also expressed appreciation to Council, staff, and the citizens; and wished Mayor Gardner success. New Mayor Remarks - Mayor Gardner stated that she will continue to make the City better. Council Member Selich thanked outgoing Mayor Henn for his leadership. Mayor Pro Tem Curry thanked his Council colleagues, congratulated Mayor Gardner, and thanked outgoing Mayor Henn for an outstanding year. Council Member Daigle expressed appreciation to outgoing Mayor Henn for doing a good job as Mayor. XIX. ADJOURNMENT -Adjourned at 6:56 p.m. back into Closed Session XX. RECONVENED AT 7:40 P.M. WITH ALL MEMBERS OF THE CITY COUNCIL IN ATTENDANCE XXI. CLOSED SESSION REPORT Volume 60 - Page 321 City of Newport Beach City Council Minutes December 13, 2011 City Attorney Harp reported that there was no reportable action. NMI. ADJOURNMENT - 7:40 p.m. The agenda for the Regular Meeting was posted on December 8, 2011, at 3:36 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ' v Recording Secretary Mayor n 6*j City Clerk Volume 60 - Page 322