Loading...
HomeMy WebLinkAbout12/09/2014 - Regular MeetingCity Council Minutes Regular Meeting December 9, 2014 I. ROLL CALL - 5:00 p.m. Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill II. PUBLIC COMMENTS Regarding the Closed Session item, Jim Mosher believed that the City can improve transparency, noted the changes already made to a crosswalk near Newport Harbor High School, and believed that there was a lack of public input in the claim and lawsuit. He also suggested that public comments be allowed again later in the evening after the new Council Members are seated. Carl Cassidy thanked Council for their service. He asked where the costs of lawsuits were shown within the City's budget and expressed its importance. Council Member Henn clarified that the losses for litigation /tort cases are included in the calculation of the internal service fund for public liability exposures. Although it is accounted for, he noted that it is not listed by individual cases. City Attorney Harp confirmed that, when a settlement agreement is executed, it is publicly reported out if that is the final action of the City Council. City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. III. CLOSED SESSION - 5:09 p.m. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 1 matter Crystal Morales o. City of Newport Beach, et al. Orange County Superior Court Case No. 30 -2012- 00606450- CU- PO -CJC IV. RECESS V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tem Selich, Mayor Hill VII. CLOSED SESSION REPORT - City Attorney Harp reported that there were no reportable actions VIII. PLEDGE OF ALLEGIANCE - Council Member Gardner IX. INVOCATION - Pastor Pete McKenzie Volume 62 - Page 134 City of Newport Beach Regular Meeting December 9, 2014 M Presentation of a Resolution from the Southern California Association of Governments (SCAG) to Council Member Leslie Daigle Kevin Gilhooley, Southern California Association of Governments (SCAG) Orange County Regional Affairs Officer, presented Council Member Daigle with a Resolution for her vision and leadership during her tenure on the SCAG Board of Directors - Regional Council. Transportation Corridor Agencies Resolution Presentation to Mayor Rush Hill Michael Kraman, Chief Executive Officer of Orange County's Transportation Corridor Agencies, expressed gratitude to Mayor Hill for his leadership and representation on the San Joaquin Hills Transportation Corridor Agencies, and presented Mayor Hill with a Resolution. Presentation of Certificates by Supervisor Moorlach to Outgoing Mayor and Council Members Supervisor Moorlach thanked Mayor Hill and outgoing Council Members Henn, Gardner, and Daigle for their representation and presented them with certificates. Mayor Hill thanked Supervisor Moorlach for his leadership and support of the existing John Wayne Airport (JWA) Settlement Agreement. Presentation of Gifts to Outgoing Council Members Michael Henn, Leslie Daigle, and Nancy Gardner, and Remarks by Outgoing Council Members Council Member Curry presented Resolutions to outgoing Council Members on behalf of former Assemblyman Alan Mansoor. Council Member Petros, on behalf of Congressman Rohrabacher, thanked and presented the outgoing Council Members with a Certificate of Recognition. City Manager Kiff presented a gift on behalf of City staff, thanked the outgoing Mayor and Council Members, and wished them well. Council Member Henn expressed how proud he was of this Council's accomplishments since 2006. He commended the City Council, City staff, and residents, and emphasized the need to have such dedication in order to be successful. He listed some accomplishments from the past eight years, noted that issues were dealt with, and indicated that the Council never left issues for somebody else to deal with. Additionally, he noted how items were handled in the public forum, how things did not get personal since the purpose was to solve problems, and offered advice to the incoming Council Members. He thanked his wife, Lynn, and family for their support, the current Council, City staff, and City residents for allowing him the opportunity to serve. Council Member Daigle personally thanked former Mayors Tod Ridgeway, John Heffernan, Don Webb, and Steve Bromberg for their support and assistance that began ten years ago. She highlighted three major items completed during her tenure: the OASIS Senior Center, the City's Triple -A credit rating, and the Upper Newport Bay restoration project. She discussed issues such as Marina Park, Sunset Ridge Park, dredging, and the City's modern traffic signal synchronization system, but also listed current items not yet resolved, such as Banning Ranch, sea walls on Balboa Island (noting that she thought that Island property owners should not have to pay special assessments for sea wall improvements), and more. She thanked former Senator Marian Bergeson, Police Chief Johnson, The Irvine Company, City Manager Kiff, the Public Works Department, and Volume 62 - Page 135 City of Newport Beach Regular Meeting December 9, 2014 City staff. She noted that she leaves with gratitude and appreciation for the privilege to have served the City. Council Member Gardner indicated that she will miss the residents, City staff, and the current Council. Presentation of Gifts and Gavel Plaque to Outgoing Mayor Rush Hill and Remarks by Outgoing Mayor Mayor Pro Tem Selich presented Mayor Hill with a Resolution on behalf of former Assemblyman Alan Mansoor. Council Member Petros, on behalf of Congressman Rohrabacher, thanked and presented Mayor Hill with a Certificate of Recognition. Mayor Pro Tem Selich provided Mayor Hill's history of service to the City since 1995, such as serving on the Economic Development Committee, the Chamber of Commerce, schools, and other organizations within the community. He thanked Mayor Hill for all of his service to the City and presented him with a gavel plaque. Mayor Hill indicated that a Council Member does three things: 1) they hire three people to build a City staff that serves as a resource and ensures City Council Policy is executed, 2) they govern based on City Council Policy, the Municipal Code, and Charter, and 3) they solve community problems in the best interest of the 87,000 residents. He expressed that it was a privilege to serve with the current Council and as Mayor. He noted that the accomplishments made were all aimed at providing efficient municipal services under a balanced budget, growing reserves, and enhancing overall quality of life. He reported that Council has worked with City labor groups, maintained infrastructure, efficiently delivered municipal services, paid attention to roads and landscaping, and added generational facilities all within the City's operational budget without raising taxes. He commented on the success of the Newport Dividend program which saved property owners approximately $1.8 million in fees, created new construction and jobs, and noted it will provide revenue to the City through increased property values and retail sales. He expressed his appreciation to all City staff and gave special thanks to his wife, Linda, and family for allowing him the time to do this civic job. He thanked his staff, Whit Peterson and Alan Limon, and his business partner, Lawrence Frapwell. He concluded by thanking former Mayors Steve Rosansky and Ed Selich, and the residents of the City. XI. NOTICE TO THE PUBLIC XII. PUBLIC COMMENTS ON NON - AGENDA ITEMS Assemblyman Don Wagner was introduced by Mayor Hill. Assemblyman Wagner thanked the City Council for serving their shared constituents and welcomed the incoming Council Members. Dorothy Kraus thanked the outgoing Mayor and Council Members for their service, and congratulated the incoming Council Members. As treasurer of the political action committee that defeated Measure Y, she stated that she looks forward to working with the new City Council. Jim Mosher thanked the outgoing Council Members for their service, questioned why the December meetings have become exclusively ceremonial, and welcomed the incoming Council Members, reminding them that they can invite the public to speak to them at multiple times, as long as all speakers are treated equally. Volume 62 - Page 136 City of Newport Beach Regular Meeting December 9, 2014 Justin Cox thanked Council for their efforts, especially Council Member Daigle for her work on Upper Newport Bay issues. Denys Oberman thanked the outgoing Council Members and welcomed the incoming Council Members. On behalf of herself and members of the community, she indicated that they look forward to new strategic direction. She discussed balance, regenerating interest, protecting views, and open mindedness. XIII. REORGANIZATION - SPECIAL ORDER OF BUSINESS - 7.00 P. A. Certification of General Municipal Election 1391100 -20141 City Clerk Brown introduced the item and provided a brief staff report. Motion by Council Member Gardner, seconded by Council Member Petros, to adopt Resolution No. 2014 -105, A Resolution of the City Council of the City of Newport Beach Reciting the Fact of the General Municipal Election held on Tuesday, November 4, 2014, Declaring the Result and Such Other Matters as Provided by Law. Jim Mosher referenced Exhibit 2 to the Resolution in regards to the grand totals, reported a problem relative to a vote discrepancy, explained the discrepancy per the Registrar of Voters (ROV) Office, and requested that the City encourage the ROV to amend their process in order to provide proper reporting. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill B. Administration of Oath of Office [391100 -20141 Pastor Pete McKenzie provided thoughts and a prayer of dedication. City Clerk Brown called newly - elected Council Members Diane Dixon, Duffy Duffield, Kevin Muldoon, and Scott Peotter forward. The Honorable James E. Rogan, Judge of the Superior Court of the State of California, administered the Oath of Office prescribed in the State Constitution to the elected officials individually, and City Clerk Brown presented a Certificate of Election to each Council Member. The newly - elected Council Members were seated at the Council dais. C. Election of Mayor City Clerk Brown, in presiding, placed all members of the City Council on an equal basis to nominate and elect. Council Member Dixon nominated Council Member Selich for the position of Mayor. Motion by Council Member Curry seconded by Council Member Muldoon, to close the nominations. The motion carried by the following roll call vote: Volume 62 - Page 137 City of Newport Beach Regular Meeting December 9, 2014 Ayes: Council Member Dixon, Council Member Petros, Council Member Duffield, Council Member Muldoon, Council Member Selich, Council Member Peotter, Council Member Curry Interested parties were invited to address the City Council. There being none, public comments were closed. City Clerk Brown asked if there was any further discussion relative to the nomination for Mayor. There being no further discussion, City Clerk Brown conducted oral votes for the Mayor seat. Without objection, Council Member Selich was selected as the Mayor of the City of Newport Beach for 2015. Mayor Selich took his place at the Council dais. D. Election of Mayor Pro Tem Mayor Selich, in presiding, placed all members of the City Council on an equal basis to nominate and elect. Council Member Muldoon nominated Council Member Dixon for the position of Mayor Pro Tem. Motion by Council Member Peotter, seconded by Council Member Muldoon, to close the nominations. The motion carried by the following roll call vote: Ayes: Council Member Dixon, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Selich, Council Member Peotter, Council Member Curry Interested parties were invited to address the City Council. There being no public comments, Mayor Selich asked if there was any further discussion relative to the nomination for Mayor Pro Tem. There being no further discussion, Mayor Selich conducted oral votes for the Mayor Pro Tem seat. Without objection, Council Member Dixon was selected as the Mayor Pro Tem of the City of Newport Beach for 2015. Mayor Pro Tem Dixon took her place at the Council dais. E. Seating Arrangements for City Council The Council Members decided on the seating arrangement for the Council dais, with the senior Council Members having first preference. The following seating order was determined (left to right): Scott Peotter — Tony Petros — Diane Dixon — Ed Selich — Keith Curry — Duffy Duffield — Kevin Muldoon Volume 62 - Page 138 City of Newport Beach Regular Meeting December 9, 2014 F. Remarks Elected Council Members'Remarks Mayor Pro Tern Dixon thanked the residents and expressed gratitude for the opportunity to represent the public and the City. She thanked outgoing Council Members for their service, all those who encouraged and supported her throughout the campaign, her fellow Council Members, and also her husband and family. She pledged to act in the best interest of the City and requested continued public involvement from residents. Council Member Duffield thanked his wife and family for their support. He also thanked the outgoing Council Members, all those who supported him, and his fellow Council Members. Council Member Muldoon thanked his parents, family, those who supported him, and his fellow newly - elected Council Members. He expressed how honored he is to serve and hopes to protect property rights and public safety, and reduce local taxes and fees. Council Member Peotter thanked God and our Country. He thanked his wife, family, and all his supporters. He believed that the City is in really good shape and spoke as to how proud he is to be part of this leadership. New Mayor Remarks: \layor Selich expressed appreciation to his fellow Council Members for choosing him to lead in 2015 and pledged to lead with openness, respect, and equanimity. He commented on the recent election and the need to govern as a consensus - builder. He believed that City Council Members have the same motivations and will come together for the betterment of the City. He recognized the outgoing Council Members and conveyed his appreciation for their honesty, integrity, hard work, and willingness to take on tough issues. He referred to a new approach due to the election, noted that change comes with the new officials and approach, and he will embrace that. He expressed the opinion that 2015 will be full of opportunities. He thanked his wife and family, and indicated that he looks forward to the upcoming challenges. %IV. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) Council Member Peotter requested information on substituting the Finance Committee with a citizens' Finance Commission, bringing back the fire ring issue pertaining to burning wood, and also requesting that the City Attorney bring back revisions to Council Policy A -19, Guidelines for Invocations, that reflect the state of current law at the January 13, 2015 meeting. Mayor Pro Tern Dixon requested a resolution to recognize State Senator Mimi Walters for her service and that the City conduct a project completion audit and "lessons learned" analysis of the Civic Center for the January 13, 2015 meeting. Council Member Muldoon requested staff provide Council with options to repeal and replace the dock tax and mooring fees, and a proposed scope of an audit for the Tidelands Fund. Council Member Duffield requested a Tidelands audit of all income and expenses. Council Member Curry reported on the Sunset Ridge Park Dedication and encouraged residents to visit the park. Volume 62 - Page 139 City of Newport Beach Regular Meeting December 9, 2014 Mayor Selich announced that the City Clerk's Office will be accepting new, unwrapped toys, DVDs, and gift cards for families of U.S. troops through Operation Christmas. He encouraged resident participation. XV. MOTION FOR RECONSIDERATION- None XXII. ADJOURNMENT -Adjourned at 8:15 p.m, in memory of Barbara Brinkerhoff The agenda for the Regular Meeting was posted on the City's website and on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive on December 4, 2014, at 4:00 p.m. City Recording Secretary �Lu L _ __ Mayor Volume 62 - Page 140