HomeMy WebLinkAbout01 - MinutesAgenda Report !11
January 10, 2012
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 Tom Gardner, Mayor He-An, .Council Member Selich,
Council Member Curry, Council Member Daigle
Excused: Council Member Rosansky
Council Member Rosansky arrived at 4:05 p.nr
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 Kreisler,
Special Counsel and Negotiator
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (AN-BOL); Lifeguard Management Association (LMA); Newport Beach Fire
Management Ass6ciation'(NBFMA); Newport Beach Firefighters' Association (NBFA); Police
Management Association (PMA): Police Employees' Association (PEA); City Employees
Associaiiori (NIiGEA);' Newport Beach Professional & Technical Employees Association
(1V'BPTEA); Newport Beach Employees League (NBEL); Newport Beach Part -Time Unit
(UPEC, Local 777)
V. RECONVENED AT 5:00 P.M., FOR REGULAR MF,FTTNG
VI. ROLL CALL
Present: Council- Member Hill, Council Member Rosansky, Mayor Pro Tem 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
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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 ANNOL
REPORT (NON- DISCUSSION ITEM)
n
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,N wpiirrt,Christmas Party.
Council Member Selich announced that he attended tlWgrand opening. of the Balboa Island
Museum and Historical Society. He requested that a; ,staff report be brou`ght,back to Council to
initiate a Zoning Code change relative to fence heights for raised homes.
Mayor Henn announced that he attended the 20114riends of the Conservancy Award Ceremony in
which one of the recipients was Jean Watt. He stated. Ghat he also.attended the grand opening of
Casey's Cupcakes at Fashion Island. He noted that thevChristmas Boat Parade starts December 14
and runs through December 18. He reported that the Ne[61,orhood 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 Nauticalrl luseum. `he also wished everyone Happy
Holidays. -`
XII. CONSENT CALENDAR
A. READTNC OFMTNTITF,C101?TIT7VA W1 rQ Awn uncnr TTmrnnro
1. MINUTES; ,OF ?_THE_,STUDY SESSION AND REGULAR MEETING OF
R
NOVEMBE;22, 201T,-AND SPECIAL MEETING OF NOVEMBER 29, 2011.
[100- 20111, „ Wane 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'he made in connection with added value”
2. 'READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of
allordinances and resolutions under consideration, and direct City Clerk to read by
title only.
B. ORDINANCES�OR 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
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XIII.
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.
r "f
Consent Calendar, except for the items removed (4 & 5); and
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member
Council Member Selich, Council Member
4. APPROVAL OF MASTER FEE SCHEDUI:F'AND
20111
Jim Mosher believed that there are anomalies in the`u
library room rentals, and other fees.\' He questioned how
Mayor Hen d'
er nosansky to approve the
amendments to Item 1.
Pro Tem 'Gardner, Mayor Henn,
aber Daigle`` _, ,
CHANGE IN SUBSIDIES. [I00-
fees relative to dog licenses,
rcing will affect the fees.
Henn m ica tat the ordinances can be-approved today and, if any fees need
correcting, staff can -firing back a report to ,ecommend`a' correction. City Attorney Harp
indicated that he,,can met 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'r'port because dog licenses are written into the Government Code.
s1 \
Motion by CouncihMember',Selich seconded by Mayor Pro Tem Gardner to a)
conduct second readrrg.,and adopt- Ordinance No. 2011 -28, amending NBMC Section 11 3.36.030; b) conduct second reading and adopt Ordinance No. 2011 -29, amending NBMC
Section 5.04.200 and, deleting_
;;,,`5;08.080 and c) conduct second reading and adopt Ordinance No. 2011 -30, amending NBMC
Sections 14.12.010, 141:12.090,'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 Membi r Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry
Noes: Council. Member Daigle
5. 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
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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 Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
XIV. PUBLIC COMMENTS
r;
John Forns reported on the Orange County Grand Jury (www.ocgrandjiiry.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 invglvement' in the John Wayne Airport
(JWA) settlement agreement negotiations.
�N
Council Member Daigle stated that, at the beginning of fthe 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- 1'et:,
XV. ORAL REPORTS FROM CTTV
XVI.
Council Member Hill reported on the accident that
Harbor High School (NHHS); and how the City, NH
student body representatives; ^ - school site count
collaborated to come up
Council Member Daigle'
month at 8:00 a.m. in th
departure path, noted th
JWA, reported- thatrshe "a
to departur6p ocedures'(
the number of passengers
that Aviation Committee
six chances to
ed at the crosswalk in front of Newport
ie Newport -Mesa Unified School District,
resentatives, and PTA representatives
flow and safety around the high school.
the Aviation Committee meets on the fourth Monday of the
nom. She indicated that they received a report on the STREL
ral Aviation Administration (FAA) controls departures out of
'kiA,met
agerl with aviation experts and learned that changes
the FAA changing 16,000 underlining charts, and stated that
rport is lower than the allowable passenger cap. She indicated
can be found on the City's website or by contacting the City
Council Member- Curry reported that the Finance Committee received a report that indicated that
revenue projection' .are on target and complimented Council Member Hill for his leadership relative
to the tragedy that occurred it front of NHHS.
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-
20111
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,
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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 no,t ;'been dredged since President
Roosevelt was in office, and stated that the City need,, corit:! xe to make it a resource and
maintain its economic viability.
- -- -- iriemner aelich 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 autlidrize the provision of $2,500,OOOAO to assist in
funding the Lower Newport Bay Dredginivl roject (to be considered a loan from the
Tidelands Fund to be reimbursed over time from Tidelands revenues); and c) adopt
Resolution No. 2011 -112 relatiog-to estabhshing�&,special fund and accepting private
donations and a County of Orange_.contsibution foi�the Lower Newport Bay Dredging
Project.
Council Member Daigle expressed support for feekin' _iyate donations since there is a lot
of support pr
pport for the harbor and everyone recogruzes its viability and value to the community.
Mayor Henp. stated that; he intends to A6 what he can to move this forward and identify
potential privatetfundingrsources. 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 20112.- 1,-
Denys Oberman believed Chat the City should use the Civic Center contingency money for
this project instead `of usiiig;it for the San Miguel Bridge. City Manager Kiff 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
i,
City Manager Kff;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
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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 Tern 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. A000int 6.nts_
Council Member Selich stated that the characterizations of Dennis O'Nei1 are untrue and
that he has done nothing but good for the community. Council Members Curry and Hill
agreed with Council Member Selich. Council'M'ember 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:
l
Ayes: Council Member Hill, Council ''Member Ru'ansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
City Clerk Brown pr6vide'd the City Council with paper ballots and announced the votes as
follows:
r`
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 NEV�%MEMBER TO THE PLANNING COMMISSION TO
SER) E UNTIL JUNE 30, 2012. [100 -2011]
l_
Council Dlember Rosansky indicated that he will be voting for one of the applicants, but
noted for the' ecord 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.
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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 Tern 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 MIavor 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 tlib, Mayor position receives additional
compensation that the other CouncW Members do not receive. Therefore, whomever is
nominated for the Mayor position yhould recuse themselves and leave the dais while the
vote is being conducted.
l'
City Clerk Brown presided over the elcction,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:
- - - -- - .. ,c . 911 i Uuncn 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
Tern position since the Mayor Pro Tom 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
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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, tKe,Council dais.
C. SEATING ARRANGEMENTS FOR CITYiCOUNCIL.
The City Council decided on the seating arrangement for the Council dais, with the senior
Council Member having first preference. The follb`wing seating order was determined (left to
right):
Hill - Rosansky - Curry - Gardner - Selich- - Henn - Daigle
4
D. REMARKS.
Presentation of GavelCPlaque 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 ai d, 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 Selicli;thanked outgoing Mayor Henn for his leadership.
Mayor Pr6,Tem Currj %thanked his Council colleagues, congratulated Mayor Gardner, and
thanked outgoing Mayor Henn for an outstanding year.
l;
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
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December 13, 2011
City Attorney Harp reported that there was no reportable action.
XXII. ADJOURNMENT - 7:40 p.m.
The agenda for the Regular Meeting was posted on December 8, 2011, at 3:35 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
City Clerk
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