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Home My WebLink About01 - MinutesAgenda Item No. 1 January 11, 2011 CITY OF NEWPORT BEACH City Council Minutes City Council Special Meeting December 6, 2010 — 7:00 p.m. I. II. III. IV. V. VI. VII. CONVENE AT 7:00 P.M. FOR SPECIAL MEETING ROLL CALL Present: Council Member Selich, Council Member Ros, Henn, Council Member Webb, Council Me PLEDGE OF ALLEGIANCE - Council Memb ai INVOCATION - Mayor Curry PRESENTATIONS - None NOTICE TO THE PUBLIC y, Mayor Pro Tem Member Daigle Council Member Zalta�n nced that sh tended the tree lighting ceremony at Crystal Cove. She requesore i rmation abou he proposed Go Local Campaign and asked for the member comp n oft Economic Dev opment Committee (EDC). Council Member... Web at Job Wavne Airport (JWA) airplane f8-ht Mayor Widen team. VIII. CONS A. 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. 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- 2010]. 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. 1 VAnt AND CASUALTY BROKER - SELECTION OF BROKER D. [100 - 2010). Approve the Property and Casualty Broker of Alliant Insurance Services and the Professional Services PSA) with fees not to exceed $90, 000 annually for three (3) e 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 PISA. Motion by Mayor Pro Tem 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 Tem. Henn, Council Member Webb, Council Member Gardner, Council Member Daigle IX. 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- 20101. Jim Mosher took issue with the staff report because he belie that Charter Section 407 requires Council to have two meetings a monthKCou orney Hunt indicated that Council has the authority to amend meeting times and that the proposed policy is sufficient. Motion b Council ember Selich second Member Rosansky to adopt Resolution No. 2010 -123 approvin he revision to ouncil Policy A -6 to allow the first meeting in December of n- numbered years be considered a regular meeting and begin at 4 :00 ., or otherwise sche d due to the demand of business, without reconve>a 4 at 7,.9 .In . to approve C erativ9 Agreement No. C -0 -1811 between Orange County Transportation thority CTA) and City of Newport Beach for Federal ansportation ancement Program - Bristol Street North Landscape The m VCounember by the following roll call vote: Ayes: Selich, Council Member Rosansky, Mayor Curry, Mayor Pro ouncil Member Webb, Council Member Gardner, Council Member Daigle 6. BUDGET APPROPRIATION REQUEST FOR REPLACEMENT OF STORM DAMAGED TRAFFIC SIGNAL CABINET. [100 - 20101. 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 x EM Motion by Council Member Daigle, 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 Tom Henn, Council Member Webb, Council Member Gar ner, Council Member Daigle of Governments she is on SCAG's Safety ittee held its their contri 'ons. League of Cities (NLC) CODE AND THE 2009 OS. [100 -20101 Manager rovided the t report an 'ghlighted the supplemental nation ch o line the State a code and local amendments. In respo Coun Member Gar is question, Fire Marshal Gamble discussed the process fo a rtain areas high fire hazard areas. op d the pu . aring. Hearing no testimony, he closed he public ing. adopt Urgen rdinancNo. 2010 -24 amending Title 9 of the Newport Beach micipal Cade Ide MC) to adopt the 2010 California Fire Code (Title 24, Part 2 of alifornia of Regulations) and local amendments, and the 2009 The moti6T4jWrjftd by the following roll call vote: Ayes: Count Member Selich, Council Member Rosansky, Mayor Curry, Mayor Pro Tem. Henn, Council Member. Webb, Council Member Gardner, Council Member Daigle XIL 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 ring. He emphasized that the rates have decreased from what was initially prop d. City Manager Kiff reported that the County believes it is charging every possessory interest tax (1 %) on all the slips. Council Member Rosansky pointed out that the w reviewing the marina index annually to determine appropriate rates,* that vaca 'es affect the rates. Hearing no fu er tesTftony, Mayor Curry closed the public hearing. N o pu 'c commefits, Council Member Selich reported that the committee e id of a pre - payment discount but felt the City would not gain any ncil ember Rosansky added that, even if the City received the money e, City would need to backfill that money later on. He agreed that n ded elsewhere and the idea is not a viable alternative. Regarding gion, he stated that they will be looked at as other harbor users are 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 Rosansky, 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 Mayor City Clerk Volume 59 - Page 655 CITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting December 14, 2010 — 5:00 p.m. I. II. III. IV. V. VI. 1TJ" VIII. - Cancelled CONVENE AT 5:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Council Member Selich, Council Member Ros Council Member Webb, Council Member G PLEDGE OF ALLEGIANCE - Cub Scout Pa INVOCATION - Mayor Curry PRESENTATIONS Presentation of Incentive Check fromlouthi and Holly Merrihew, Southern California 'son $43,178 Savings By Design Pro am check fo the Center. Pro Te can, Mayor Curry, Membe r le on (SCE) - Eddie Marquez City with a plaque and a building the OASIS Senior Presentations to going ouncil Me or Don Webb and Remarks by Outgoing Council Member Do ebb ity Manager presented Council Member Webb with a Cat in the Hat hat and a City •Orange Cou Supervisor Moorlach presented him with a proclamation; or pre w' certificates from Congressman Campbell and Senator H an. ty Ca cil Members ared their memories of serving on Council with Council ember Webb, t ed for his hard work and dedication on Council, and expressed appr tion for being such won de historian of the City. Council ber Webb expre ed his ap reciation to his wife, Jan, and their family, noted friends in attenda tonight, com nded City staff, and thanked his fellow Council Members. He highlighted ho he City ha changed since he started as an engineer for the City in 1968 and d'stributed a pho 'n whic he will forever be the "Centennial Mayor." He congratulated Rush Hill for becoming the w trict 3 Council Member. Proclamation Design ng December 14, 2010, as "The King's Speech Day'- Mayor Curry presented Screenwriter David Seidler with the proclamation. Mr. Seidler discussed the movie and the cast, and invited everyone to watch it. NOTICE TO THE PUBLIC Council Member Daigle suggested looking into hiring a consultant to assist with eelgrass issues to Volume 59 - Page 656 City of Newport Beach City Council Minutes December 14, 2010 move City projects forward. Council Member Gardner noted that the Harbor Commission and Planning Commission held a joint meeting, and suggested that a Harbor Commissioner fill the vacancy on the General Plan Update Committee rather than appoint a Planning Commissioner. DI. CONSENT CALENDAR A. READING OF M Ayes: Cc Mem r Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Member Webb, Council Member Gardner, Council Member Daigle X. ITEM REMOVED FR M THE CONSENT CALENDAR 4. APPROVAL OF RESOLUTIONS ADOPTING MEMORANDA OF UNDERSTANDING WITH MISCELLANEOUS BARGAINING* UNITS (3) AND APPROVAL OF THE UNREPRESENTED KEY AND MANAGEMENT COMPENSATION PLAN; AND ADOPTION OF RESOLUTIONS MODIFYING THE PAYING AND REPORTING OF THE VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTION. 1381100 -20101 Mayor Curry highlighted what the changes mean to the employees and the City as a whole, and commended the employees for doing their part in helping save money and Volume 59 - Page 657 City of Newport Beach City Council Minutes December 14, 2010 reduce costs. Motion by Mayor Curry, seconded by Mayor Pro Tem Henn to a) adopt Resolution No. 2010 -136 adopting Memorandum of Understanding between the City of Newport Beach and the City Employees' Association (CEA) (C- 2059), Resolution No. 2010 -137 adopting Memorandum of Understanding between the City of Newport Beach and the Professional and Technical Employees' Association (C- 2051), and Resolution No. 2010 -138 adopting Memorandum of Understanding between the City of Newport Beach and the Employees' League (C- 2065); b) approve the Key and Manage ent Compensation Plan, effective July 1, 2010 through June 30, 2012; and c) adopt Res -ion Nos. 2010 -139, 2010- 140, 2010 -141, and 2010 -142 modifying how the City pay d reports the value of the Employer Paid Member Contribution (EPMC) on behalf 01he employee to the California Public Employees' Retirement System (CalPERS), pr aided for in Memoranda of Understanding and Key and Management Compensation Play The motion carried by the following roll call vot Ayes: Council Member Selich, Council M er Rosnsky Mayor Pro Henn, Mayor Curry, Council Member Webb, Co il Meer Gardner, Council ber Daigle XI. PUBLIC COMMENTS - None NIL ORAL REPORTS FROM CIT' Patricia Ne Vn issue that the ad hoc committee meetings were not open meetings and asked iittee was supposed to review and make recommendations relative to mooring trae expressed concern that three Council Members were on the ad hoc committee who would later be voting on the issue. City Attorney Hunt explained that this practice is consistent with State law, the Brown Act, the City Charter and City ordinances, and is a practice utilized by many California cities in order to evaluate potential policy recommendations. Mark Sites took issue that the end product and recommendations were nothing like the document he assisted with over the last two years. Mayor Pro Tom Henn noted that there were many opportunities for public input. Regarding mooring transfers; City Attorney Hunt reported that mooring transfers was an Volume 59 - Page 658 City of Newport Beach City Council Minutes December 14, 2010 issue brought forward as a result of discussing the issues related to mooring fees. He stated that it was appropriate for the committee to develop a recommendation to Council and emphasized that it is ultimately Council's decision on whether to adopt or deny the ordinance. Motion by Mayor Pro Tem Henn, seconded by Council Member Rosanskv to adopt Ordinance No. 2010 -26 relating to Mooring Permit Transfers and Other Mooring Operations. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansk ayor Pro Tem. Henn, Mayor Curry Noes: Council Member Gardner, Council Member D' XIV. MOTION FOR - None XV. ADJOURNED TO CLOSED SESSION - 6:09 XVI. 0i The meeti at P.M. with embers of the City Council in attendance. City Attorne unt reported t the as no reportable action taken during Closed Session. RE IZATION A. C TIFICATION tF GENERAL MUNICIPAL ELECTION RESULTS. [391100- Motion 'oun Member Webb seconded b Council Member Rosansk to adopt Resolu .2010 -144 declaring the results of the General Municipal Election held on November 2, 10. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tom Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle B. ADMINISTRATION OF OATH OF OFFICE. City Clerk Brown called newly re- elected Council Members Michael Henn, Leslie Daigle, and Nancy Gardner, and elected Council Member Rush Hill forward. She then administered the Oath of.Office prescribed by the State Constitution to elected officials Volume 59 - Page 659 City of Newport Beach City Council Minutes December 14, 2010 and presented a Certificate of Election to each Council Member. The newly re- elected and 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 Rosansky nominated Council Member Hezncil ayor. Motion b Council Member Gardner, seconded b C Member Rosansky to close nominations and vote for Mayor. The motion carried by the following roll call vote: t Ayes: Council Member Curry, Council Membe aigle, Council Me r Gardner, Council Member Henn, Council Member Hil ounc' ember Rosans Council Member Selich ' Mayor Henn took his proper place at the Co dais. D. ELECTION OF MAYOR PROXEM. Mayor Henn, in presiding, place a bers of the 'ty Council on an equal basis to nominate and elect. Mayor Henn nominaUd Council Men$er Gooner foiWlbor Pro Tem. close nomina ' and Ate or Mayor IT em. The motion carri v ine roll vote: <Mo be arty, Counc ember Daigle, Council Member Gardner, Mayor enn, Co Me r Hill, Council Member Rosansky, Council Member Selich Pro Tem Gar er took proper place at the Council dais. E. NG ARRAN MENTS FOR CITY COUNCIL. The Co med mbe decided on the seating arrangement for the Council dais, with the senior M bers havi ng first preference. The following seating order was t teht): Hill - Rosansky = Gardner - Henn - Selich - Curry - Daigle F. REMARKS. Presentation of Gavel Plaque to Outgoing Mayor - Mayor Henn presented the gavel plaque to outgoing Mayor Curry. Outgoing Mayor Remarks - Outgoing Mayor Curry introduced and thanked his wife, Pam, and family. He also thanked former Council Member Webb for being a mentor, and highlighted the 46 goals that were accomplished during his year as Mayor. Volume 59 - Page 660 City of Newport Beach City Council Minutes December 14, 2010 New Mayor Remarks - Mayor Henn introduced his wife, Lynn, and family. He stated that it is an honor to be selected as the Newport Beach Mayor for 2010 -2011 and highlighted what his focus will be during his tenure as Mayor. Remarks from Newly Re- elected/Elected Council Members. Mayor Pro Tem Gardner thanked Mayor Curry for his service as Mayor and stated that she is looking forward to the next four years. Council Member Daigle thanked the residents that voted for he She discussed important issues to her and the City. Council Member Hill introduced his wife, Linda, and u hter, and acknowledged his sons who were unable to attend tonight. He tha his ory board members. He expressed his gratitude to former Council Membe ebb, disc three issues he will be focusing on, and requested Council support in vitalizing Mar' Mile and regulating campaign costs. A XVIII. ADJOURNMENT - 7:45 p.m. The agenda for the Regular Meeting was poste December 8, 2010, at 6:06 p.m. on the City Hall Bulletin Board located outside of the of Newport Beach Administration Building. The supplemental agend the Regula eeting was posted on December 10, 2010, at 3:33 p.m. on the City letin Boar ocated outside of the City of Newport Beach Administration Buildi City Clerk Mayor Volume 59 - Page 661 Secretary