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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 13, 2011 COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD Closed Session - 4:00 p.m. Regular Meeting - 5:00 p.m. MICHAEL F. HENN Mayor NANCY G �� V ] PO Mayor Pro ro Tern Tem � w RUSH N. HILL, II Council Member EDWARD D. SELICH Council Member ✓ ✓✓ R DAVE KIFF — City Manager AARON HARP —City Attorney LEILANI BROWN — City Clerk DANA SMITH — Assistant City Manager STEPHEN BADUM — Public Works Director NOTICE TO THE PUBLIC STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member KEITH D. CURRY Council Member The City provides a yellow sign -in card for those wishing to address the Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the Council. If you do fill out the card, please place it in the box at the podium. PUBLIC HEARINGS: If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office. Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. Regular meetings of the City Council are generally held on the second and fourth Tuesdays of each month at 7:00 p.m. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at (949) 644 -3005. The agendas, minutes and staff reports are also available on the City's website: http: / /www.newportbeachca.gov. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD December 13, 2011 4:00 p.m. - Closed Session 5:00 p.m. - Regular Meeting STUDY SESSION — Cancelled II. 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 Kreisler, 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 (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NEEL), Newport Beach Part -Time Unit (UPEC, Local 777) III. RECONVENE AT 5:00 P.M. FOR REGULAR MEETING IV. ROLL CALL V. PLEDGE OF ALLEGIANCE VI. INVOCATION - Reverend Richard Kennwisher, St. Andrews Presbyterian Church VII. PRESENTATION Presentation of the Turning Red Tape to Red Carpet Award to the City from the Orange County Business Council (OCBC) VIII. NOTICE TO THE PUBLIC IX. The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the Council. Speakers must limit comments to five (5) minutes on agenda items. The Council has the discretion to extend or shorten the time limit on agenda or non - agenda items. As a courtesy, please turn cell phones off or set them in the silent mode. Testimony given before the City Council is recorded. Yellow light indicates that the speaker has one minute for summation; and the red light will signify when the speaker's time limit is up. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the Office of the City Clerk located at 3300 Newport Boulevard during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. X. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 7) are considered by the Council to be routine and will all be enacted by one motion in the form listed below. The City Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, and state their name and item number. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. 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. Waive reading of subject minutes, approve as written 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. ORDINANCES FOR ADOPTION 3. CITY COUNCIL REDISTRICTING. Conduct second reading and adopt Ordinance No. 2011 -27 approving the City Council Redistricting Committee's proposed changes to the City Council District boundaries. �a1 »:Z��9_1�i] CIO_ F91�:a y��Yy :1�1111��9�UZy:1_1RH�I�EY11 �'il�ll�'a 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. C. CONTRACTS AND AGREEMENTS 5. PURCHASING AGREEMENT FOR JUNIOR LIFEGUARD UNIFORMS. Award three (3) year purchasing agreement to Quiksilver, Inc. to provide the Junior Lifeguard 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). D. MISCELLANEOUS 6. PLANNING COMMISSION AGENDA FOR DECEMBER 8, 2011. Receive and file. JUSTICE ASSISTANCE GRANT - ANNUAL AWARD. 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. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XI. ITEMS REMOVED FROM THE CONSENT CALENDAR XII. PUBLIC COMMENTS Public comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIV. CURRENT BUSINESS 8. MEMORANDUM OF AGREEMENT (MOA) WITH THE US ARMY CORPS OF ENGINEERS; 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. 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. 9. APPOINTMENT OF MEMBER TO THE VISIT NEWPORT BEACH (VNB) EXECUTIVE COMMITTEE. Appoint one of the two nominees (Paul Blank and Dennis O'Neil) to fill the voting member position on the VNB Executive Committee. 10. APPOINTMENT OF A NEW MEMBER TO THE PLANNING COMMISSION TO SERVE UNTIL JUNE 30, 2012. Appoint a person from the applicant list provided in the staff report to the Planning Commission to fill the unexpired balance of Planning Commissioner Charles Unsworth's term, which ends June 30, 2012. XV. MOTION FOR RECONSIDERATION XVI. A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council members who voted with the prevailing side. A. ELECTION OF MAYOR. The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct oral nominations for Mayor and conduct election by roll call vote; b) new Mayor is announced by the City Clerk; and c) Mayor takes proper place at Council dais. XVII. B. ELECTION OF MAYOR PRO TEM. The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct oral nominations for Mayor Pro Tem and conduct election by roll call vote; b) new Mayor Pro Tem is announced by the City Clerk; and c) Mayor Pro Tem takes proper place at Council dais. C. SEATING ARRANGEMENTS FOR CITY COUNCIL. Action: Council decides on seating arrangement of Council dais (senior Council Members having first preference). D. REMARKS. Action: a) Presentation of gavel plaque to outgoing Mayor; b) outgoing Mayor's remarks; and c) new Mayor's remarks. ADJOURNMENT 4