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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 14, 2010, AT 5:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tem EDWARD D. SELICH Council Member Council Member LESLIE J. DAIGLE Council Member STEVEN ROSANSKY NANCY GARDNER Council Member Council Member DAVE KIFF - City Manager DAVID HUNT - City Attorney LEILANI BROWN- City Clerk DANA SMITH - Assistant City Manager STEPHEN BADUM - Public Works Director NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the Council. If you do fill out the card please place it in the box at the podium. PUBLIC HEARING: If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office. Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. Regular meetings of the City Council are generally held on the second and fourth Tuesdays of each month at 7:00 p.m. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at (949) 644 -3005. The agendas, minutes and staff reports are also available on the City's website: http: / /www.newportbeachca.gov. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD December 14, 2010 I. STUDY SESSION - Cancelled II. CONVENE AT 5:00 P.M. FOR REGULAR MEETING III. ROLL CALL IV. PLEDGE OF ALLEGIANCE - Cub Scout Pack 325 V. INVOCATION VI. PRESENTATIONS Presentation of Incentive Check from Southern California Edison Presentation of Gifts to Outgoing Council Member Don Webb and Remarks by Outgoing Council Member Don Webb VII. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the Council. Speakers must limit comments to five (5) minutes on agenda items. The Council has the discretion to extend or shorten the time limit on agenda or non - agenda items. As a courtesy, please turn cell phones off or set them in the silent mode. VIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM) Df. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1 -5) are considered by the Council to be routine and will all be enacted by one motion in the form listed below. The City Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, and state their name and item number. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. Testimony given before the City Council is recorded. Yellow light indicates that the speaker has one minute for summation; and the red light will signify when the speaker's time limit is up. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the Office of the City Clerk located at 3300 Newport Boulevard during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachea.gov. 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. Adopt Resolution No. 2010 - increasing the penalty on parking violations by $3.00 pursuant to SB 857. 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. a) Adopt Resolution No. 2010 -_ adopting Memorandum of Understanding between the City of Newport Beach and the City Employees' Association (CEA), Resolution No. 2010 -_ adopting Memorandum of Understanding between the City of Newport Beach and the Professional and Technical Employees' Association, and Resolution No. 2010 -_ adopting Memorandum of Understanding between the City of Newport Beach and the Employees' League; b) approve the Key and Management Compensation Plan, effective July 1, 2010 through June 30, 2012; and c) adopt Resolution Nos. 2010- 2010-_, 2010 -_, and 2010 -_ 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. 5. CITY ATTORNEYS EMPLOYMENT AGREEMENT. a) Approve the Employment Agreement; b) adopt Resolution No. 2010; 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. Receive and File. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. X. ITEMS REMOVED FROM THE CONSENT CALENDAR XI. PUBLIC COMMENTS Public comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIII. CURRENT BUSINESS MOORING TRANSFERS AND OTHER MOORING OPERATIONS: ORDINANCE NO. 2010 -26 RELATING TO MOORING PERMIT TRANSFERS AND OTHER MOORING OPERATIONS. a) Conduct second reading; and b) adopt Ordinance No. 2010 -26 relating to Mooring Permit Transfers and Other Mooring Operations. XIV. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council members who voted with the prevailing side. XV. ADJOURN TO CLOSED SESSION - Council Chambers Conference Room A. Conference with Legal Counsel - Existing Litigation (Government Code S 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 - Exuosure 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. FOR REGULAR MEETING XVII. REORGANIZATION [7:00 p.m. time certain] A. CERTIFICATION OF GENERAL MUNICIPAL ELECTION RESULTS. Action: Adopt Resolution No. 2010 - declaring the results of the General Municipal Election held on November 2, 2010. B. ADMINISTRATION OF OATH OF OFFICE. Action: a) The City Clerk calls the newly re- elected Council Members forward, administers the Oath of Office prescribed in the State Constitution to the elected officials, and delivers to each a Certificate of Election; and b) the newly elected and re- elected Council Members are seated at the Council dais. C. ELECTION OF MAYOR. The City Clerk presides over the election of the Mayor. The City Clerk, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct oral nominations for Mayor and conduct election by roll call vote; b) new Mayor is announced by the City Clerk; and c) Mayor takes proper place at Council dais. D. ELECTION OF MAYOR PRO TEM. The Mayor presides over the election of the Mayor Pro Tem. The Mayor, in presiding, places all members of the Council on an equal basis to nominate and elect. Action: a) Conduct oral nominations for Mayor Pro Tem and conduct election by roll call vote; b) new Mayor Pro Tem is announced by the City Clerk; and c) Mayor Pro Tem takes proper place at Council dais. E. SEATING ARRANGEMENTS FOR CITY COUNCIL. Action: Council decides on seating arrangement of Council dais (senior Council Members having first preference). F. REMARKS. Action: a) Presentation of gavel plaque to outgoing Mayor; b) outgoing Mayor's remarks; c) new Mayor's remarks; and d) remarks from newly elected and re- elected Council Members. XVIII. ADJOURNMENT 4 POR F CITY OF NEWPORT BEACH u s c "� /PORN' OFFICE OF THE MAYOR Mayor Keith D. Curry Mayor Pro Tem CITY COUNCIL ACCOMPLISHMENTS Michael F. Henn Council Members 2010 Leslie J. Daigle Nancy Gardner Steven Rosansky Edward D. Selich 1. Adoption of Fiscal Sustainability Plan. Don Webb 2. Closed 2009/10 budget deficit of $8 million to finish year with $3 million surplus. 3. Reduced 2010/11 budget by $18 million compared to prior year. 4. Reduced the City workforce by approximately 35 net positions. 5. Increased public safety employee pension contributions from zero to $946,000 per year. 6. Increased miscellaneous employee pension contributions by $1.4 million per year. 7. Total of $82 million in restricted and unrestricted reserves is the highest level of reserves in the City's history. 8. Achieved AAA underlying bond ratings from all three rating agencies and highest possible COP ratings. 9. Comprehensive City Charter reform enacted by the voters. 10. Opened the new OASIS Senior Citizens Center, on time and under budget. 11. Broke ground on new Civic Center, including park, parking, library expansion, disaster preparedness center and City Hall. 12. Successfully financed Civic Center Project. 13. Refunded existing library debt to save $120,000 annually in debt service. 14. Completed dredging of Back Bay. 15. Secured initial funding for dredging of Lower Bay. 16. First Council since the 1940's to take steps to remediate Rhine Channel. 17. Conducted second Citizen Satisfaction Survey, achieving 92% satisfaction among respondents with City services, a four point increase from 2007. 18. Adopted comprehensive Zoning Code revision. (Continued) City Hall • 3300 Newport Boulevard • Newport Beach, California 92663 -3884 www.city.newport-beach.ca.us (949) 644 -3004 19. Updated building and fire codes. 20. Reorganized development services to provide a more customer friendly approach. 21. Sustained Group Home ordinance through significant legal challenges. 22. Initiated a policy of 24 hour responses to resident complaints. 23. Approved an agreement with the Orange County Museum of Art to exhibit museum quality art as part of the new Civic Center. 24. Expanded Corridor Cities Coalition with the addition of Laguna Beach, Irvine, and Villa Park. 25. Commissioned first ever study of airport impacts on Newport Beach air quality. 26. Opposed Legacy Air footprint expansion of JWA. 27. Opened CNG fueling facility using an innovative public /private partnership. 28. Expanded contracting out of services to street sweeping and other services. 29. Abated blight at Dover and Pacific Coast Highway. 30. Initiated new approach for Fourth of July to reduce community impacts. 31. Developed a comprehensive master planning approach to Lido Marina Village. 32. Acquired and implemented new off - street parking for Balboa Village. 33. Tsunami warning sirens installed and operational. 34. San Miguel Road widening completed. 35. Enacted water conservation ordinance. 36. Implemented monthly "Meet the Mayor" sessions throughout the City. 37. Council- supported Proposition 22 passed to protect City revenues from state raids. 38. Developed master calendar of community events. 39. Held the first ever council meeting in Newport Coast. 40. Created a Citizen's Technology Task Force to develop recommendations for technology efficiency enhancements for the City. 41. Completed Rhine Wharf rebuild and guest dock improvements. 42. Expanded Traffic Signal Synchronization improvements to Peninsula, West Newport and Newport Center. 43. Sunset Ridge Park EIR completed. 44. Marina Park EIR completed. 45. Bicycle Safety Committee established. 46. Bicycle "sharrows" installed on Bayside Drive.