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HomeMy WebLinkAbout12/06/2010 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes City Council Special Meeting December 6, 2010 — 7:00 p.m. I. CONVENE AT 7:00 P.M. FOR SPECIAL MEETING II. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Curry, Mayor Pro Tem Henn, Council Member Webb, Council Member Gardner, Council Member Daigle III. PLEDGE OF ALLEGIANCE - Council Member Daigle IV. INVOCATION - Mayor Curry V. PRESENTATIONS - None VI. NOTICE TO THE PUBLIC VII. 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 announced that she attended the tree lighting ceremony at Crystal Cove. She requested more information about the proposed Go Local Campaign and asked for the member composition of the Economic Development Committee (EDC). Council Member Webb announced that John Wayne Airport (JWA) airplane flight measurements were taken Friday morning from both sides of the Bay. Mayor Pro Tem Henn announced that he attended the Balboa Village tree lighting ceremony and the ribbon cutting for the new emergency /tsunami warning siren system. Mayor Curry announced that he attended the ribbon cutting for the San Miguel Road Widening. He highlighted the Civic Center Project financing and commended the finance team. VIII. CONSENT CALENDAR A. READING OF ORDINANCES AND RESOLUTIONS 1. 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. C. CONTRACTS AND AGREEMENTS 3. OASIS SENIOR CENTER AUDIO AND VISUAL SYSTEMS - Volume 59 - Page 650 City of Newport Beach City Council Special Meeting Minutes December 6, 2010 COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4414. [381100- 20101. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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. D. MISCELLANEOUS 5. APPOINTMENT OF THE. ADVISORY BOARD OF THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (NBRA). [100 - 20101. Confirm the NBRA election of Advisory Board and Executive Board members, as presented in the staff report. 7. APPOINTMENT TO THE SPECIAL EVENTS ADVISORY COMMITTEE. [100- 20101. Appoint Vicki Higgins to the Visit Newport Beach, Inc. seat on the Special Events Advisory Committee. 8. ACCEPT 2009 EMERGENCY PERFORMANCE GRANT (EMPG) FUNDS. [100 - 20101. a) Accept the 2009 Emergency Management Performance reimbursement Grant for $9,143.00 in funding for maintaining the City's emergency management program; and b) approve Budget Amendment No. 11BA -018 increasing revenue estimates by $9,143.00 in 2355 -4896, and appropriating those funds into Fire Department account 2355- 82008. 9. ACCEPTANCE OF THE 2009 URBAN AREAS SECURITY INITIATIVE (UASI) GRANT FUND TRAINING ALLOCATION. [100- 20101. a) Accept the 2009 UASI Grant Fund Training Allocation in the amount of $50,025.64 to be utilized by reimbursement of training costs associated with approved Department of Homeland Security (DHS) courses for emergency response personnel (Santa Ana UASI has divided up the training allocation between the Fire and Police Departments - $22,520.77 has been designated for Fire Department and $27,504.87 for Police Department personnel); and b) approve Budget Amendment No. 11BA -019 increasing revenue estimates by $22,520.77 in 2355 -486C and by $27,504.87 in 1820 -486C, and increasing expenditure. appropriations by $22,520.77 in 7014- C8002018 and by $27,504.87 in 7014- C8002019. 10. PROPERTY AND CASUALTY BROKER - SELECTION OF BROKER OF RECORD. [100- 20101. Approve the Property and Casualty Broker of Record with Alliant Insurance Services and the Professional Services Agreement (PSA) with fees not to exceed $90,000 annually for three (3) years effective December 1, 2010, with the City also having the right, at its sole discretion, to extend the agreement to a fourth and fifth year by exercising the options outlined in Exhibit B of the PSA. Motion by Mayor Pro Tern Henn, seconded by Council Member Rosansky to approve the Consent Calendar, except for the items removed (2, 4 and 6). The motion carried by the following roll call vote: Volume 59 - Page 651 City of Newport Beach City Council Special Meeting Minutes December 6, 2010 Ayes: Council Member Selich, Council Member Rosansky, Mayor Curry, Mayor Pro Tom Henn, Council Member Webb, Council Member Gardner, Council Member Daigle IY, ITEMS REMOVED FROM THE CONSENT CALENDAR 2. REVISION TO COUNCIL POLICY A -6 (OPEN MEETING POLICIES) AS IT PERTAINS TO THE FIRST MEETING IN DECEMBER OF EVEN - NUMBERED YEARS. [100 - 2010]. Jim Mosher took issue with the staff report because he believed that Charter Section 407 requires Council to have two meetings a month. City Attorney Hunt indicated that Council has the authority to amend meeting dates and times and that the proposed policy is sufficient. Motion by Council Member Selich, seconded by Council Member Rosansky to adopt Resolution No. 2010 -123 approving the revision to Council Policy A -6 to allow the first meeting in December of even-numbered years to be considered a regular meeting and begin at 4:00 p.m., or as otherwise scheduled due to the demand of business, without reconvening at 7:00 p.m. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Curry, Mayor Pro Tem Henn, Council Member Webb, Council Member Gardner, Council Member Daigle 4. APPROVE COOPERATIVE AGREEMENT NO. C -0-1811 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR TE GRANT FUNDING (C- 4706). [381100- 2010]. In response to Council Member Daigle's questions, Public Works Director Badum indicated that the City has the funds for this project, there might be funds left in the Bristol Street Relinquishment Fund, and that he would like. to apply for grants in order to improve Bristol Street South. Motion by Council Member Daigle . seconded by Council Member Rosansky to approve Cooperative Agreement No. C- 0.1811 between Orange County Transportation Authority (OCTA) and City of Newport Beach for Federal Transportation Enhancement Program - Bristol Street North Landscape Improvements. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Curry, Mayor Pro Tem Henn, Council Member Webb, Council Member Gardner, Council Member Daigle 6. BUDGET APPROPRIATION REQUEST FOR REPLACEMENT OF STORM DAMAGED TRAFFIC SIGNAL CABINET. [1004010]. In response to Council Member Daigle's question, Public Works Director Badum indicated that the City is being reimbursed for the replacement of the traffic signal cabinet and stated that the funds cannot be used for other projects. Volume 59 - Page 652 City of Newport Beach City Council Special Meeting Minutes December 6, 2010 Motion by Council Member Daiale , seconded by Council Member Rosansky to approve Budget Amendment No. 11BA -020 recognizing new revenue from the State Emergency Management Agency and appropriating $24,000 to 5200 -82003 to replace the damaged traffic signal cabinet. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Curry, Mayor Pro Tem Henn, Council Member Webb, Council Member Gardner, Council Member Daigle X. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle discussed the Southern California Association of Governments (SLAG) economic summit she attended in Los Angeles and announced that she is on SCAG's Legislative and Communication Committee. Council Member Gardner announced that the Citizens Bicycle Safety Committee held its first meeting and that it was well attended. She thanked staff for their contributions. Mayor Curry announced that he attended the National League of Cities (NLC) Conference Denver. )[I. PUBLIC HEARING 11. ADOPTION OF THE 2010 CALIFORNIA FIRE CODE AND THE 2009 INTERNATIONAL FIRE CODE WITH AMENDMENTS. [100 -20101 City Manager Kiff provided the staff report and highlighted the supplemental information which outline the Statewide code and local amendments. In response to Council Member Gardner's question, Fire Marshal Gamble discussed the process for deeming certain areas as high fire hazard areas. Mayor Curry opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Rosanskv, seconded by Council Member Webb to adopt Urgency Ordinance No. 2010 -24 amending Title 9 of the Newport Beach Municipal Code (NBMC) to adopt the 2010 California Fire Code (Title 24, Part 2 of the California Code of Regulations) and local amendments, and the 2009 International Fire Code. The motion carried by the following roll call vote Ayes: Council Member Selich, Council Member Rosansky, Mayor Curry, Mayor Pro Tem Henn, Council Member Webb, Council Member Gardner, Council Member Daigle NIL CURRENT BUSINESS 12. BALBOA YACHT BASIN RATES: RESOLUTION NO. 2010 -134 RELATING TO INCREASING SLIP, SIDE TIE, GARAGE, AND APARTMENT RATES AT THE BALBOA YACHT BASIN. [100 -20101 Volume 59 - Page 653 City of Newport Beach City Council Special Meeting Minutes December 6, 2010 City Manager Kiff utilized a PowerPoint presentation to discuss the Balboa Yacht Basin (BYB) slips, side tie configuration, rate history, key principles made by the ad hoc committee, the committee's goals, summary of the public outreach conducted, proposed slip rates, garage rates, and apartments rates, and recommended actions. In response to Council questions, City Manager Kiff indicated that there is no formal appeal process, but Council can create a process, if desired, through the adoption of a resolution. Mayor Pro Tem Henn added that, if the Harbor Resources Manager proposes a substitute marina, it must be a low -to- moderate marina. He emphasized that the rates have decreased from what was initially proposed. City Manager Kiff reported that the County believes it is charging everyone possessory interest tax (1 %) on all the slips. Council Member Rosansky pointed out that the City will be reviewing the marina index annually to determine appropriate rates and that vacancies affect the rates. In response to Council Member Daigle's question, Council Member Selich indicated that there have been no discussions about privatizing the marina. City Manager Kiff pointed out that marina management is already contracted out. Mayor Pro Tem Henn noted that the committee discussed the need to implement marina improvements and that staff will be soliciting input from the slip renters. Mayor Curry opened the public hearing. Brian Mason asked if the City would consider an advanced payment program for those tenants willing to pay up to 12 months in advance in exchange for a discount and discussed potential advantages for having this type of program. John Selle expressed concern that no young people can afford to sail in Newport Beach. Tori Lester stated that he has not seen the comparative rates or list of discounted amenities. He asked why the American Legion rate will only be increased by $2. He requested that Council postpone voting on this. City Manager Kiff indicated that the rate information is available to the public. Hearing no further testimony, Mayor Curry closed the public hearing. In response'to public comments, Council Member Selich reported that the committee considered the idea of a pre- payment discount but felt the City would not gain any benefit. Council Member Rosansky added that, even if the City received the money ahead of time, the City would need to backfill that money later on. He agreed that the money is needed elsewhere and the idea is not a viable alternative. Regarding the American Legion, he stated that they will be looked at as other harbor users are analyzed. He noted the effort and considerations taken to develop the rates. Mayor Pro Tem Henn added that the American Legion is under the purview of an existing long term lease. He reported that the City must establish fair market value and establish a marina index that focuses on low -to- moderate indexes since the Balboa Yacht Basin is not a high amenity marina. Motion by Council Member Rosanskv, seconded by Council Member Selich to adopt Resolution No. 2010.134 establishing increased rates for slips, side ties, garages, and apartments at the Balboa Yacht Basin. Volume 59 - Page 654 City of Newport Beach City Council Special Meeting Minutes December 6, 2010 Council Member Selich expressed concern with the amount the rates have been discounted, but stated that he is satisfied that the City is close enough to fair market value to move forward. Council Member Daigle indicated. that Balboa Yacht Basin rates should be the same as Cal Rec rates. She believed that the committee should evaluate the Balboa Yacht Basin's level of service, increased maintenance, and management by a private company. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Curry, Mayor Pro Tem Henn, Council Member Webb, Council Member Gardner, Council Member Daigle XIII. PUBLIC COMMENTS -None XIV. - None XV. ADJOURNMENT - Adjourned at 7:52 p.m. in memory of Peggy Drellishak and Joe Correll The agenda for the Special Meeting was posted on December 2, 2010, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. G c S " P City Clerk Volume 59 - Page 655