HomeMy WebLinkAbout01 - MinutesFebruary 22, 2011
Agenda Item No. 1
CITY OF NEWPORT PEACH
City Council Minutes
Special Meeting
City Council - Staff Goal Setting Workshop
OASIS Senior Center - Room 2
801 Narcissus Avenue, Corona del Mar, CA 92625
February 5, 2011 — 8:30 a.m.
4. FISCAL OUT H
City Manager Riff ssed how the City is using Good to Great by Tim Collins to assist in
the new way the City will be conducting business and to identify what the City is passionate
about, what it wants to be the best in the world at, and what drives its economic engine. He
further explained how the Quarterly Business Report (QBR) is structured, and noted that
project tracking is listed in the QBR. Regarding the City's fiscal outlook, he explained how
pension costs, facility maintenance; and investing in basic infrastructure will affect the City.
He reported that the City needs to invest more in critical IT, have the right employees, and
be entrepreneurial, innovative, and communicative. He also reported that the General Fund
Capital Improvement. Program (CIP) needs to be about $5 million, the City will continue to
protect its reserves; and expenditures need to be reduced 5 "/o this fiscal year and in 2011-
2012.
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City of Newport Beach
City Council Special Minutes
February 5, 2011
Mayor Henn emphasized that this is a fundamental change in how staff views its role, forces
everyone to distinguish needs and goals, and is a cultural change that will become a
generational change. Council Member Hill believed that government should be run like a
private business and commended staff for taking the fist step.
5. ESTABLISH BUDGETING PRINCIPLES
City Manager Kiff reviewed the six budget principles outlined in the presentation. In
response to Council questions, he explained that the City has a $ million to $40 million
overall CIP budget, but the General Fund CIP should remain at a t $5 million.
Council Member Selich recommended reviewing the
(NBMC) and determine if any regulations should be repo,
Dennis Baker encouraged the City to develop a
Lower Bay after the federal government fulfills itl
Jim Mosher referenced the City Char
compensation than allowed in the Charter.
into this.
Dave Miller suggested that the City,
which cities the City is benchmarkil
included, and suggested including a
Mayor Henn reported that the City
process will continue.
the
short
10 -20
am
Beach Municipal Code
plan for f e dredging of the
cis.
ad that Council r 'ves more
Hunt indicated that a will look
long term strategic plan, asked
d more public involvement be
M e QBR for project status.
nc ark against and that this
with the Business Improvement
at : am. and reconvened the meeting at 9:45
L attendance.
and provided examples of core City services which are primarily
Council reviews but staff executes, and emerging /generational
active Council and community input.
Proposed 2011 Fri ties and Goals
John Wayne Airport (JWA) Settlement Agreement Extension
City Manager Kiff reviewed the goal for JWA; discussed the involvement by Supervisor
Moorlach, the Aviation Committee, and various community advocates; and highlighted
Phase II of the air /water quality study. He noted that extensive staff work is involved and
.community involvement will be solicited. r Council Member Curry reported that the City has
been working hard to have one Orange County voice to present to the Board of Supervisors.
Council Member Rosansky suggested also working with the City's federal representatives.
Council Member Daigle noted that the City has a lobbyist and a good relationship with the
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City of Newport Beach
City Council Special Minutes
February b, 2011
Federal Aviation Administration (FAA).
In response to Dave Miller's question, Mayor Henn stated that the City has solicited and
received support from many Orange County cities, but Newport Beach is taking the lead on
this issue.
Revitalization
City Manager Kiff reviewed the goal associated with revitalization a which areas this goal
could focus on.
Mayor Pro Tem Gardner requested that MacArthur Boulev oast Highway be looked at
to provide a better traffic structure into Corona del Mar.
Council Member Selich suggested prioritizing
Gardner emphasized the need for a vision, not
the responsibilities of the Economic Devel
Manager Smith indicated that staff will co
particularly so ad hoc committees include me
specific areas.
Police Chief Johnson discussed
crime.
Ralph Rodheim, Balboa Business
the BIDs from each village.
eeds to be e. Mayor Pro Tem
Eggcts. Discussio \s' elative to
mlittee (EDant City
Council with a put plan,
real interest and is for the
and a decrease in
that the City work with
Mayor Henn stated Kat the City needs an organizational solution to pursue_ revitalization
and an action plan. City Manager Kiff indicated that staff will bring a proposal to Council.
Council Member Daigle noted that the City has done many visioning plans.
Tidelands Management
City Manager Kiff reviewed >the -goal which would address dredging, beach replenishment,
r
sea. level rise, oil and gas, a water quality master plan, and create a similar long term capital
pianas the Facilities Replacement Plan (FRP).
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City of Newport Beach
City Council Special Minutes
February 5, 2011
Mayor Pro Tem Gardner believed that the City needs to determine what services are vital
and suggested contacting the Orange County Sanitation District (OCSD) to come up with a
diversion project for Little Corona. She expressed support for looking into the feasibility of
implementing a tidelands user fee.
Mayor Henn noted that there is not enough tidelands revenue to do everything that is
needed. He recommended creating a tidelands master plan to identify priorities, trade -offs,
and resources.
Council Member Selich stated that he would support the conYthresponsibility. ort to have the federal
government dredge the federal navigation channel since it is Following
that, the City can then be responsible for dredging the Lower
Mayor Pro. Tem Gardner stated that she understands the importance of having a statewide
reform; however, expressed concern that the state will do anything and that the City will
need to handle this issue to maintain its fiscal sustainability.
In response to Bernie Svalstad's question, City Manager Kiff indicated that this is one of the
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City of Newport Beach
City Council Special Minutes
February 5, 2011
League of California Cities (LCC) top priorities. Council Member Curry reported that the
City cannot offer a 401(k) -style retirement plan because it is not offered by CalPERS. He
pointed out that the City's PERS costs will be increasing $10 million between now and 2014
and commended the City employees for increasing their share of the employee contribution.
He added that this will be discussed during budget deliberations for many years to come.
Restructuring
City Manager Kiff reviewed the goal and highlighted the City's stigategies. Mayor Henn
commended staff for managing change and believed that Council itizens also need to be
disciplined since the City may be doing things differently in or to increase efficiencies.
Mayor Pro Tem Gardner also commended staff for looking at a change in the economy as
an opportunity to better how the City conducts business.
In response to Council questions, City Manager Kiff orted that s is evaluating which
programs can be cut but assured everyone tha ey will work w Council and the
community. He clarified that citizens may expe ' ce so a type of chang service levels.
Mayor Henn emphasized that the City does want reduce or elimina ograms that
make it special.
Dave Miller indicated that the City needs to work o 'ts mission statement and also needs a
good strategic plan. He stated that ther priority s d be to educate the public on the
new standards so they can support w City is tryin accomplish.
John Corrough emphasized the ix
responsiveness, but stated that he
overtime, pension, and o actors.
nded staff for their
to be balanced with
Council Member Dai ex p ad support for nducting a review and reducing the amount
of regulatio until ted tha liminating unnecessary practices should be
a pra a hing the es. City Manager Riff indicated that he will
incl 's as a sep a go with a work elan.
Member Selich queste t a fund be set up to replace the concrete streets.
May Tem Gardner quested at the color of the material used to patch street cracks
on Oce Boulevard an Peninsula streets be changed to the concrete color. Council
Member oted that s e school facilities that the City uses also needs refurbishment.
Jim Mosher no th the City is being fined for not having a California Coastal
Commission o t' cal Coastal Plan (LCP). Acting Planning Director Campbell stated
that the City has b sworking on the LCP for over two years and that it is high on his
Priority list. Council Member Selich indicated that the Coastal Commission wants to
eliminate categorical exclusion designations for coastal zone areas and believed that this
would be unacceptable to the community. -
Dennis. Baker believed that there should be a joint effort with other cities to deal with
sediment issues, commended the City for installing the log boom which captured 230 tons of
trash in December, and believed that the Junior Lifeguard Program is not getting the City's
full recognition and support.
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City of Newport Beach
City Council Special Minutes
February b, 2011
7. WRAP UP
City Manager Mff reported that staff will develop work plans and estimated budgets for
each priority, and bring it back to Council at the February 22 meeting. He reported that
these priorities will be tracked using the project tracking sheets included in the QBR. He
expressed hope that there would be a disciplined approach to these priorities and that
Council will be aware of how additional projects effect the progress of the priorities.
Mayor Pro Tem Gardner requested that staff and fellow Council Me ers make each other
Aware if additional requests are being made out of the context of th riorities. She asked if
the lifeguard headquarters can be relocated to Marina Park an w that could impact the
Junior Lifeguard facility. City Manager Kiff noted that he ill be bringing a report to
Council on February 22 relative to City facilities in West p and which facilities may
need to be relocated or constructed.
Council Member Daigle emphasized that safety and otection are the important issues
to residents.
The meeting adjourned at 11:25 a.m rA .
The agenda for the Special Meeting was poste n February 4, 2011, at 2:10 p.m. on
the City Hall Bulletin Board 1 Gated outsid f the City of Newport Beach
Administration Building.
Secretary
Mayor
Volume 60 Page 42
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
February 8, 2011— 3:40 p.m.
I. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, r Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member gle
Excused: Council Member Curry m
II. PUBLIC COMMEN
III. CLOSED SESSION
A. Conference
Meet with Chief of Police to
IV. CLOSED SESSION REPORT - N
V. ADJOURNMENidning.
The agenda for Meet
the City Hall oard
Administration
- None
security.
on February 2, 2011, at 1:40 p.m. on
e of the City of Newport Beach
Recording Secretary
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
February 8, 2011— 4:00 p.m.
I. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, or Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member igle
Excused: Council Member Curry A
II.
1. CLARIFICATION OF ITEMS ON
Regarding Item 5 (Records Retention)
confirmation from City Clerk Brown that
records.
2. CITY COUNCIL
INCLUDING CON
(OPEN MEETING
CONDUCT OF Cla
City Man r Kill
and A -10 as
comments ear er i
feasibility of
stated �hat he not avble.tha dateould bi
i is added to
CALENDAR.
e), Council Member hill received
is an abbreviation for `Permanent"
COUNCIL NORMS:
UNCIL POLICIES A-6
tAL RULES FOR THE
11
ported that th roposed amendments to Council Policies A -6
in improviing he agenda with respect to having public
eeting and ddressing the matter of how staff gets the
n . Additionally, staff felt hat Council could
eeting deco Mayor Pro Tem Gardner asked about the
agenda packet delivery to Thursday. City Manager Kill
)re to have Thursday as the packet day and if an item was
y; it uld be moved to the next agenda. He added that
> :problematic with electronic delivery .but, if a Supplemental
agenda, the •City Clerk would still be required to post the
Council sansky stated that he preferred leaving the public comment time
to five minu since it has worked well in the past and Council has the option,of
reducing the ims on an as
basis. Mayor Pro Tem Gardner indicated that she
prefers the five minute limit..
v.Vwa:u avicwuar- Laagie Pxatang puono cemmenas %er nuu- Ugeuiau �mc
after the Consent. Calendar: Council,Member Rosansky added that. there are ship a
number of staff members waiting to. provide.reports. on agenda items and, since most
of the items are passed, a majority :of the staff can exit the meeting after their item
is heard.: •Mayor Pro Tem Gardner felt, it was a benefit and convenience to the
public. to allow them to speak early and to be able to communicate with Coundl early
in the evening rather than have _to wait through to the end of a lengthy meeting.
Volume 60 - Page 44
City of Newport Beach
City Council Study Session
February 8, 2011
Council Member Daigle stated that, with respect to Council decorum, she was
unaware of inappropriate behavior by any of her colleagues and wondered why the
norms should be established.
Council Member Hill asked about addressing Council and why speakers would not
be required to state their name. City Attorney Hunt reported that, pursuant to the
Brown Act, Council can ask individuals to identify themselves but is not allowed to
force anyone.
-Mayor Henn asked about the open meeting policy i e of not conducting two
meetings per month. City Manager Kiff stated tha a did not believe that issue
needed to be addressed in this context. Mayor He s d that, with respect to the
time for Public Comments, he would to m . the agenda item to
immediately following the Consent Calend 'ch is a bi provement over the
current agenda placement. Further, hew d prefer that fe Consent Calendar
items be pulled in the future. He state at h elt there was n y a benefit to
moving up the time for public com t but at the public woul derstand in
advance that there was a three -m' t in order for them to c rate their
comments. Furthermore, he believed it possible to present a cogent argument
on an item in three minutes and to the ent that the argument needs further
explanation or detail, it d be press n in written form to Council for
consideration. In addition, re is a large up of public members who wish
to speak to the same item th Co uld enco ge a spokesperson from that
group and provide a longer limit fo erso Council Member Rosansky
expressed the opinion that.the p blem w' so a people more time is that
it might appe bitrarily gr a for p ns who are speaking in tune
with the Ma s op ons. Thep has a right to speak and three minutes may
be. a short a to co ntly present opic to Council.
Council. Mem .D elieved that roject applicants might need five minutes to
. spe t th of He agreed and was assured by staff that a five
e ion pplicants a current policy.
Mayor \Pro Te G agreed with Council Member Daigle that the Council
Members are no busive believed that written norms would provide a sense of
nfidence. to th public t all Council Members are obliged to follow certain
dates.
Mayo nn agr d that upgrading norms in accordance with the new technologies
was app ecause the issue of unintended impressions perceived by the public
is a legitim ue.
City Attorney Hunt asked for Council's input on voter abstention based on a possible
conflict of interest as stated on page 9 of Council Policy A -10, and that a yellow light
will indicate an abstention to.. an item. It was the consensus of Council to amend the
abstention issue as presented in communications from Jim Mosher.
Jim Mosher referred to written comments he sent to Council addressing the City's
Charter with respect to voting issues. He expressed concern with a proposed
reduction of time for public comments on agenda items and with the opportunity the
City Council has to revise the policies with respect to the passage of .ordinances. He
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City of Newport Beach
City Council Study Session
February S, 2011
felt that moving Public Comments to the beginning of the meeting should not negate
further comment at the end of the meeting and that the time for public comments
should be left at five minutes. Novell Hendrickson believed that the Public
Comments on non - agenda items should be at the beginning of the meeting and kept
to five minutes to allow the public to participate.
Following discussion, Council concurred that Public Comments should follow the
Consent Calendar; that the time allotted for each speaker should be five minutes for
agenda items (following lack of consensus to reduce the time limit to. three minutes);
that the delivery day for agenda packets should be the Th day prior to the City
Council meeting; and that Public. Comments on non -agen items should only occur
once on the agenda.
Mayor Henn proposed that City Attorney Hunt
come back with recommendations. d
Regarding decorum, Council Members fe I
those of urgency. Council Member Se ' did
norms. Council Members concurred ina
City Attorney Hunt received i
would be changed as he had rf
III.
MoshWs concerns and
see any reas
is item in its
Council that the
be limited to
ive the set of
language
City of Newport Beach
City Council Study Session
February 8, 2011
Mayor
CITY OF NEWPORT BEACH
City Council Minutes
City Council Regular Meeting
February 8, 2011 — 7:00 p.m.
I. SPECIAL MEETING - 3:40 p.m
I1. STUDY SESSION - 4:00 p.m
III. CLOSED SESSION - 5:45 p.m
A. Conference with_Leoal_
54956.9(a)): Five matters:
1. Zepeda v. Washington
SACV10- 01987.
2. Hirou v. Thornbu M
District Court Case
3. Pacific Shores v.. Ne
SACV08 -00457 AG (P
States District Co Case No.
Trust 2007 -3, United States
District Court Case No..
Titles: City Manager and City Clerk
IV. RECESS
V. RECONVENED AT 7 :00 P.M. FOR REGULAR MEETING
VI, ROLL CALL
Present: .Council Member Hill ; Council Member Rosansky, Mayor Pro Tem Gardner,, Mayor
Henn;:Council Member Selich, Council Member Daigle
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City of Newport Beach
City Council Minutes
February 8, 2011
Excused: Council Member Curry
VII. CLOSED SESSION REPORT
City Attorney Hunt reported that Council took no reportable action with the exception to two
items: with respect to Zepeda v Washington Mutual and State Farm Insurance v The
City of Newport Beach, Council voted 6 -0 to authorize defense of both matters.
VIII. PLEDGE OF ALLEGIANCE - Mayor Pro Tem. Gardner
UL INVOCATION - Reverend Robert Jordan Ross, Newport U ' ersalist Society
X. PRESENTATION
Presentation of Check from the Lenahan Trust f the Pr d Donation of Art
and Funds -Robyn Grant, Chair of the City Arts mmission, pr ted a $50,000 check
from the Lenahan Trust together with a collection aintixtga created lizabeth Wiltrout
Lenahan.
XI. ' NOTICE TO THE PUBLIC
MI.
Mayo no rep or at cil comple its Council Goal Setting Session at the Oasis
Ce last Saturday tha re will be an item at the next meeting to lay out Council's
'ties for the next He ounced that the Mayor's Dinner will be held on Friday,
Feb 11, at the M tt; on ruary: 3 he made a presentation to the Association of
Re alto egarding the o Marina Village land use plan; on February 1, he attended a
presents by Peter alker, landscape_ architect for the new Civic Center project,
sponsored b e City Ar . Commission; and attended the Boat Parade's Awards Dinner. He
noted that ove a pas few months, resident Jim Mosher has raised a number of issues
regarding the Ci pliance with its Charter and ordinances, and stated that it is the
City's intent to co with all aspects. As a result of bringing these issues forward, he
asked the City Attorney and City Manager to conduct a thorough review of the City's
compliance with the Charter and ordinances, and to identify any other areas where there
may be questions about compliance. Where the City identifies a compliance issue or problem
the City will correct, its' practices: At the. same time, the City will identify current
regulations; ordinances, and.practices that.may not be appropriate' for today'scircwnstances
and make appropriate changes.
XIYI. CONSENT CALENDAR
City of Newport Beach
City Council Minutes
February 8, 2011
"I
0
READING OF MINUTESIORDINANCES AND "RESOLUTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETING
OF JANUARY 25, 2011. [100 -20111 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.
ORDINANCES FOR ADOPTION
3. PUBLIC PIER.TIME LIMITS AND RUL ORDINANCE RELATING
TO AMENDING THE TIME LIMITS D ES FOR THE CITY'S
PUBLIC PIERS. [100 -20111 Ad Ordinan o. 2011 -6 amending
Newport Beach Municipal Code S on 17.01.030, ction 17.25.010, and
Section 11.20.060 which amend e e limits an es for the City's
public piers.
4.
C. RI
5.
D.
and
ION OF AN 04DINANCE
6.040.240 OF TITLE 6 OF THE
CODE PERTAINING TO
,ND RECYCLABLES AND
CHAPTER 6.04. [100 -20111
No. 2011 -7 amending the
04. and 6.040.240 of Title 6 of
collection of garbage and
apter 6.04 (amended title and
CO S RETENTION SCHEDULE AND
Wd ESTRUCTION OF CERTAIN CITY
611 Adopt Resolution No. 2011 -18 adopting a
-, authorizing destruction of certain city records,
Nos. 2003 -39 and 2006 -104.
7. VLIFEGRD HEADQUARTERS ROOF. REPLACEMENT -
TION AND ACCEPTANCE OF CONTRACT NO. 4599.
111 a) Accept the completed work and authorize the City Clerk to
e of Completion for the project,
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.
8. RHINE WHARF REPAIRS AND PUBLIC DOCK - COMPLETION
-AND ACCEPTANCE ;OF CONTRACT NO. 3821. [881100 -20111 a)
Accept the completed work and authorize the City Clerk to file a Notice of
Completion for the project; b) authorize the City Clerk to release the Labor
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City of Newport Beach
City Council Minutes
February 8, 2011
The motion d by th ollowing roll call vote:
Ayes: Couneil b Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, ember Selich, Council Member Daigle
Absent: Council.Mem er Curry
>%I V. ITEMS REMOVED FROM THE CONSENT CALENDAR.
6. BALBO , BOULEVARD AT. WASHINGTON STREET PARKING LOT -
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4479. [381100- 2011]
W. R. Dildine expressed concern about public contracts and discussed issues a lative
to subcontractors on this project. He asked whether the City should go after the 10
percent, work. reimbursement. Public Works Director Badum explained that staff
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City of Newport Beach
City Council Minutes
February 8, 2011
XVI.
has been looking into this matter and that Mr. Dildine raised legitimate points
about whether there has been fraudulent paperwork submitted to the City.
Motion by Council Member Selich, seconded by Mayor Pro Tem Gardner to
a) accept the completed work and authorize the City Clerk to file a Notice of
Completion for the project; 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. A
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Ros Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, C W er Daigle
Absent: Council Member Curry d
Council Member Daigle reported that the Nonmittee met to discus RRL which
deals with flights going east of Las Vegastion Adminfi ti (FAA), has
now twice acknowledged the legitimacy of ncerns, thanked the City of Las
Vegas for allowing the Committe to assue, and also expressed her
appreciation for the ongoing efforts ews, as well as Council Members
Selich and Hill who also sit on the Co
Mayor .Pro Tem Gardner reported tha
presentation by Charles Gandy from .th
will help motivate the en it comes
12.
ety Committee received a
and believed the information
arizeff4ft4darterly Business Report (QBR). Mayor Pro
that the report was well written and reader- friendly.
In response to cil M er Daigle's- question, City Manager liiff reported that if
Council Membe lieves at project needs to be tracked, it can be inducted. He
ted that at wanted to track: only the items to date, but all projects will be
in ed in the n version. Council Member Daigle called out various projects that
had comple d that she believed should be reported to the public.
Council Selich stated that he liked the report.and its format. He noted that
the City. re ed correspondence regarding the Marina Park project and asked that
information about what has been accomplished on that project be included.
Council Member Hill stated • that since he received the -report on Saturday, he has
been sharing the concept with various groups and there has been a tremendous .
amount of excitement and support. He felt it would be valuable to include under the
Table of Contents for project tracking a green, yellow, and red category for each.
project.
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City of Newport Beach
City Council Minutes
February S, 2011
Bob Rush commented on group homes, stated that he has been tracking this matter closely,
and believed that the issue of bed capacity and actual bed count should be reported to the
community on a regular basis. City Manager Miff stated that this matter has been delegated
to Planning staff for those facilities required to report permitted beds. He noted that reports
are made on a regular basis as the information becomes available.
XVIII. MOTION FOR RECONSIDERATION - None
XDL ADJOURNMENT - 7:45 p.m.
The agenda for the Regular Meeting was posted XtCity 2, 2011, at 2:10 p.m
on the City Hall Bulletin Board located outsid of of Newport Beach
Administration Building. The supplemental ageegular Meeting was
posted on February 4 , 2011, at 5:05 p.m. on the letin Board located
outside of the City of Newport Beach Administrt