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Home My WebLink About12/14/2010 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes City Council Regular Meeting December 14, 2010 — 5:00 p.m. I. STUDY SESSION - Cancelled II. CONVENE AT 5:00 P.M. FOR REGULAR MEETING III. ROLL CALL Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle IV. PLEDGE OF ALLEGIANCE - Cub Scout Pack 325 V. INVOCATION - Mayor Curry WA Presentation of Incentive Check from Southern California Edison (SCE) - Eddie Marquez and Holly Merrihew, Southern California Edison (SCE), presented the City with a plaque and a $43,178 Savings By Design Program check for the actions it took when building the OASIS Senior Center. Presentations to Outgoing Council Member Don Webb and Remarks by Outgoing Council Member Don Webb - City Manager Kiff presented Council Member Webb with a Cat in the Hat hat and a City seal clock; Orange County Supervisor Moorlach presented him with a proclamation; and Mayor Curry presented him with certificates from Congressman Campbell and Senator Harman. The City Council Members shared their memories of serving on Council with Council Member Webb, thanked him for his hard work and dedication on Council, and expressed appreciation for being such a wonderful historian of the City. Council Member Webb expressed his appreciation to his wife, Jan, and their family, noted friends in attendance tonight, commended City staff, and thanked his fellow Council Members. He highlighted how the City has changed since he started as an engineer for the City in 1968 and distributed a photo in which he will forever be the "Centennial Mayor." He congratulated Rush Hill for becoming the new District 3 Council Member. Proclamation Designating 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. VII. NOTICE TO THE PUBLIC VIII. 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 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 MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING AND STUDY SESSION OF NOVEMBER 23, 2010. 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. B. RESOLUTIONS FOR ADOPTION 3. STATE PENALTY $3.00 SURCHARGE ON PARKING CITATIONS. [100- 20101 Adopt Resolution No. 2010 -135 increasing the penalty on parking violations by $3.00 pursuant to SB 857. 5. CITY ATTORNEYS EMPLOYMENT AGREEMENT (C- 4131). 1381100 -20101 a) Approve the Employment Agreement; b) adopt Resolution No. 2010 -143; and c) authorize the Mayor to sign the Employment Agreement on behalf of the City. C. MISCELLANEOUS 6. UPDATE ON , 2010 COUNCIL ENVIRONMENTAL SUSTAINABILITY GOAL - RESPONDING TO FUTURE SEA LEVEL CHANGES. 1100 -20101 Receive and file. S7.. PLANNING COMMISSION AGENDA FOR DECEMBER 9, 2010. [100 -20101 Receive and file written report. Motion by Mavor Pro Tern Henn—seconded by Council Member Rosanskv to approve the Consent Calendar item, except for the item removed (4). The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle X. ITEM REMOVED FROM 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. [381100 -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 Management Compensation Plan, effective July 1, 2010 through June 30, 2012; and c) adopt Resolution Nos. 2010 -139, 2010- 140, 2010 -141, and 2010 -142 modifying how the City pays and reports the value of the Employer Paid Member Contribution (EPMC) on behalf of the employee to the California Public Employees' Retirement System (CalPERS), as provided for in Memoranda of Understanding and Key and Management Compensation Plan. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XI. PUBLIC COMMENTS - None XII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle announced that the new John Wayne Airport (JWA) takeoff procedure will be published on January 13, 2011. XIII. CURRENT BUSINESS 7. MOORING TRANSFERS AND OTHER MOORING OPERATIONS: ORDINANCE NO. 2010 -26 RELATING TO MOORING PERMIT TRANSFERS AND OTHER MOORING OPERATIONS. [100 -2010] Council Member Webb recused himself from the dais. Brian Newton believed that transferring a mooring to another party is not a gift of public funds and recommended that a fee be imposed instead of eliminating the ability to transfer a mooring. He also believed that tonight's ordinance is significantly different than what was introduced on November 23. City Attorney Hunt stated that, to his knowledge, it is the ordinance that was presented to Council on November 23 and is ready for second reading. He noted that Mr. Newton will be emailing his concerns to Council and him. Patricia Newton took issue that the ad hoc committee meetings were not open meetings and asked if the committee was supposed to review and make recommendations relative to mooring transfers. She 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 Tem 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 Rosansky 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 Rosansky, Mayor Pro Tem Henn, Mayor Curry Noes: Council Member Gardner, Council Member Daigle XIV. MOTION FOR RECONSIDERATION - None XV. ADJOURNED TO CLOSED SESSION - 6:09 p.m. A. Conference with Legal Counsel - Existing Litigation (Government Code & 54956.9 a": One matter: City of Newport Beach v. Back Bay Court, LLC, Orange County Superior Court Case No. 30- 2010- 00385190 B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code 6 54956.9(b)): One matter: Potential litigation regarding threat of notice of violation from California Coastal Commission for brush clearance allegedly being performed without a Coastal Development Permit on City Sunset Ridge Park property prior to City ownership. XVI. RECONVENED AT 7:00 P.M. TO REGULAR MEETING The meeting reconvened at 7:00 p.m. with all members of the City Council in attendance. City Attorney Hunt reported that there was no reportable action taken during Closed Session. XVII. REORGANIZATION A. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS. [391100- 20101 Motion by Council Member Webb, seconded by Council Member Rosansky to adopt Resolution No. 2010 -144 declaring the results of the General Municipal Election held on November 2, 2010. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem 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 Henn for Mayor. Motion by Council Member Gardner, seconded by Council Member Rosansky to close nominations and vote for Mayor. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Daigle, Council Member Gardner, Council Member Henn, Council Member Hill, Council Member Rosansky, Council Member Selich Mayor Henn took his proper place at the Council dais. D. ELECTION OF MAYOR PRO TEM. Mayor Henn, in presiding, placed all members of the City Council on an equal basis to nominate and elect. Mayor Henn nominated Council Member Gardner for Mayor Pro Tem. Motion by Council Member Curry, seconded by Council Member Rosanskv to close nominations and vote for Mayor Pro Tem. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Daigle, Council Member Gardner, Mayor Henn, Council Member Hill, Council Member Rosansky, Council Member Selich Mayor Pro Tem Gardner took her proper 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): 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 everyone and discussed important issues to her and the City. Council Member Hill introduced his wife, Linda, and his daughter, and acknowledged his sons who were unable to attend tonight. He thanked his advisory board members. He expressed his gratitude to former Council Member Webb, discussed three issues he will be focusing on, and requested Council support in revitalizing Mariners Mile and regulating campaign costs. XVIII. ADJOURNMENT - 7:45 p.m. The agenda for the Regular Meeting was posted on December 8, 2010, at 5:05 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on December 10, 2010, at 3:33 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. A City Clerk A. Sl Recording 'ecretary Mayor Volume 59 - Page 661