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HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1 November 27, 2012 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session November 13, 2012 — 3:30 p.m. I. ROLL CALL - 3:30 p.m. Present: Council Member Hill, Mayor Pro Tern Curry Council Member Henn, Council Member Daigle Excused: Council Member Rosansky Council Member Rosansky arrived at 3:36 p.m IL CURRENT BUSINESS Mayor Gardner, Council Member Selich, is 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member Henn' p qu`esto_n, regarding Item 3 (Traffic Signal Program for Newport Boulevard Corridor Synchronization Projee6t)._Public W'oxks Director Webb reported that the project will take at least two years to co', lete. Council Member Hill reported that he will need to_recuse hims'`If`on Item 6 (Sidewalk, Curb and Gutter Replacement) since he owns property wa:Hhm 500 feet of portions of the subject property. Regarding Item 7 (Traffic Signal Rehabilitation Project), he requested clarification about the types of left -hand lane's. Public Works Director Webb described permissive left -hand lanes, protected left -hand lanes, and- _protected - permissive left -hand lanes. Regarding Item 9 ( Reimbursement- for- Newport.Center 1l ee =Replacement Costs), City Manager Kiff reported that the City isr ibli gated to pay 41,00% of the costs, _however, staff would like to discuss the matter further akFd will pull the •i em off`df,the Consent Calendar for further discussion. Regarding Item 11 (Refuse`LontainerXollection Services), Mayor Gardner noted that there is a gap between the winning bid and the runner up, and wondered as to the experience of the winning bidder. Municipal Operations Director Harmon reported on previous experiences with ti the firm, noting'that staff is comfortable with giving them the opportunity. 2. STATE OF THE -, HARBOR AND OVERVIEW OF HARBOR COMMISSION OBJECTIVES. N "14 Doug West, Chair of the Harbor Commission, utilized a PowerPoint presentation to discuss the Harbor Commission and address its membership, Commission /Council pairings established to maintain open communication, the current state of the Harbor, details of the Upper and Lower Bay dredging projects, costs of the project and funding contributions, areas that have benefited, public dock projects completed, new Rhine Channel public dock, mooring field realignment, and publication of the Newport Harbor Cruising Guide. He highlighted projects in progress including the Marina Park project, Tidelands Capital Plan, Mooring Support Services at Balboa Yacht Basin and the Balboa Marina Public Dock. He thanked Council for its support and presented a review of the Commission's objectives including purposes, categories, and specific goals under each objective. He addressed challenges, investigation of strategies used by other cities, erosion Volume 60 - Page 635 City of Newport Beach City Council Study Session November 13, 2012 of Harbor Line boundaries, vessel overhang compliance, Harbor Code Enforcement issues being addressed, boating education opportunities, and maintenance of Harbor -based businesses in the community. He discussed continued efforts by the Commission, and requested approval and support of the objectives presented. Council Member Hill commended Chairman West and the Commission for the quality and comprehensiveness of the report. He questioned the permit process which allows for the tying up of rafts and party vessels in the Harbor. Harbor Resources Manager Miller reported that permission is needed from the Harbor Patrol in order to change,-this process, but staff is presently working on the issue with them. Council Member Henn commented on the success of the-(Harbor dredging project, the accomplishments of the Harbor Commission, and the importaiice,'of those accomplishments. J fr' l Mayor Pro Tem Curry thanked the Commission for the presentation and commented positively on the leadership of the City in establishing the Commission. He thanked the Commission for the work they are doing. Council Member Daigle inquired regarding 61%tacles %related to Regional General Permit (RGP) 54. Chairman West noted that the costs ver`su` \the benefits are challenging and that the permitting process is cumbersome and expensive. Additionally, the community's ability to move material is limited by conditions established by otlie5:,agencies. Harbor Resources Manager Miller noted that further discussion is needed by the Commission, along with other options. . 3. TIDELAND INFRASTRUCTURE CAI'$ITAL Council Member Henny,.stated that the Tidel; Commission's key objebfs e`s,when it was form to where focus should be established in `the reviewed and reviaed_annuall'.y. id's Infrastructure Capital Plan was one of the d in order to provide proactive guidance relative Harbor. He reported that the plan should be Harbor Resources Mariagei Millcr_utrli�zed a PowerPoint presentation to discuss the makeup of the Tidelaifds'MauagementlCommittee (TlgCjy the Citizens' Advisory Committee, the TMC's purpnse; evolution of,ihe Catad Plan, approval of the plan, and next steps. He noted that the plan' identifies and classifies projects, estimates costs, and highlights schedules and budgets. He n ted;hat the plan is a' ,good roiidmap to guide the City for the coming years and prioritize proje44. � iJ Council Member Henn commented on large projects and the need to better define those projects and assign related. costs and capital needs. He addressed different types of tidelands, noting that focus was given'tb� the Lower Harbor, but noted that the list will need to be updated for relevance and dollar estimat'es ;,He expressed his appreciation for the work done. Council Member Daigle inquired regarding funding sources compared to need. Harbor Resources Miller noted that the Lower Bay dredging project has been funded and that regular maintenance funding can be programmed into the City's annual budget. City Manager Mff addressed the need to consider Harbor rents and General Fund contributions to accomplish the Harbor projects. Council Member Daigle commented on the need to set aside funds to for this and other related projects, and addressed the importance of finding consultants to help with tough issues. Council Member Selich addressed the Grand Canal dredging project, rebuilding the Park Avenue Bridge, and the sea wall. He requested that staff develop a flowchart to show how the projects will be addressed at the same time. Volume 60 - Page 636 City of Newport Beach City Council Study Session November 13, 2012 Council Member Hill commented on the report and suggested including cost estimates and setting priorities to allow for future planning and needs. Council Member Henn noted that the Committee will move forward to address the large projects incrementally on the basis of better facts and analysis. City Manager Kiff commented on the significant costs associated with some of the major projects and the need to focus on specific issues in order to better understand the comprehensive needs. He reported that this is not a budget, but rather a plan of costs. He noted that revenue sources are uncertain at this time. John Corrough, former Harbor Commissioner, reported on his experience with the Commission and commented that it works best with minimal oversight He commented positively on the contributions of staff regarding procedural issues and providing relevant information. STATE OF THE HARBOR COMMISSION /GOALS Mayor Gardner presented background on this work and responsibilities of various City C Council Task Force on Committees has develo Harbor Resources Manager Miller provided a and purpose of the Task Force, issue;s,review Commission as the Harbor Tidelands Wan, membership, term, purpose and resporiaibility, Discussion followed regarding the process for Committees. City Attorney Harp briefly descri' selection of officers for, - Commissions versus�Comm Harbor Resou Environmental. Gardner Council Member Henn the increased fee.revent on Harborariroiects. He the benefits Jim Mosher Miller outline Citizens Advi tiding" "its mid 2012 -13. ng areas of confusion as to the scope of and. Committees.` She noted that the al to be presented at this time. presentation to address the formation osed change to reestablish the Harbor nmittee. He addressed the mission, s',7�idelands Management Committee. ,;`selecting the Chair to Commissions and lied the - process, noting the differences in the ittees. proposed changes for reestablishing the ry Committee to the Water Quality /Coastal on, membership, term, and purpose and the`iiiient of the Task Force and next steps. mented'oir the need to provide a governance structure for spending Tat is being discussed in other forums to ensure that funds are spent iressed the specialized focuses for each Commission/Committee and efforts in working with Council towards the betterment of the City. appropriateness of the Agenda Item title and the discussions. Doug West reported that the Harbor Commission will discuss the issue during their upcoming . meeting and addressed the issue of whether Council liaisons will be voting members. Ralph Rodheim addressed the duties of the proposed Harbor Tidelands Management Committee, and commented on perception and the number of Council Members assigned to the committee. He expressed the opinion that it would be a mistake for the City not to have a Harbor Commission. Dan Purcell commented positively on the item and suggested including the City's ecologist on the Water Quality /Coastal Management Committee to address the importance of water quality and the environment. He commented on a possible conflict of interest by the previous speaker. Volume 60 - Page 637 City oy Newport Beach City Council Study Session November lJ`2Ol8 Mayor Pro Tam Curry questioned the need for the proposed changes and Council's ability to in8oe000 some of the decisions ouuda by the yu>pvnod ovouzuiCteeo. He noted the great work currently being done hy the Harbor Commission. Council Member Daigle agreed with Mayor Pro Tem Curry's comments and referenced the Citizen's Aviation Committee model as a successful example of what could occur. CoLmcil Member Henn commented on the benefits of having Council DL PUBLIC COMMENTS Jim Mosher reported having submitted written comments regarding two n[ the Closed Session items and hoped Council would consider them during deliberations. /| /r IV. ADJOURNMENT -4:44poz / y \ � � � \� '.` �8 \! \ `\ ` City Clerk \� \ \^ ^ Volume 60` Page 638 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 13, 2012 — 7:00 p.m. I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION - 4:44 p.m. A. CONFERENCE WITH LEGAL COUNSEL - OF LITIGATION (Government Code § 54956. B. CONFERENCE WITH LABOR Agency Designated Representatives: Dave City Manager/Human Resources Director; Negof r. ANTICIPATED LITIG. 9(c)): 1 potential case iJ I� :S (Government Code § TION INITIATION Manager and Terri Cassidy, Deputy Employee Organizations: All Labor "Meociations: Ass'nciation of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach 'Gity `Eriplgyees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lfeguard`.Nlanage'ment Association (NBLMA); Newport Beach Part Time Unit (h`PI C, Local 777)' Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBP. -NIA); Newport Beach Professional and Technical Association (NBPTEA) \'i, C. PUBLIC EMPLOYEE,PERFORMI ANCE EVALUATION (Government Code § 54957) Title: Aaron C.Haip:',City Attorney III. RECESS.,", ` IV. V. ROLL CALL Present: Council Member )Hill, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selicb, Council Member Henn, Council Member Daigle VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Hill VIII. INVOCATION - Mayor Pro Tern Curry D{. PRESENTATIONS Volume 60 - Page 639 City of Newport Beach City Council Minutes November 13, 2012 Proclamation Awarded to the CERT Program and Volunteers for the National FEMA Award Mayor Gardner read and presented the proclamation to Karen Tringali, Member of the CERT Program, who expressed her appreciation for the support of the program. Presentation on Vector Control Activity in Newport Beach Jared Dever, Director of Communications of the Orange County Michael G. Hirsh, District Manager, utilized a PowerPoint prg activities in the City. He discussed the definition of a vector.rd responsibilities, categories of vectors, and vector diseases in Orang Virus. He addressed the mosquito life cycle and breeding_so`ufrce storm drains, unique habitats within the City, urba unoff, I surveillance. He presented information on Fleagb,,ibrne Typh' transmission cycle, methods to reduce risks of the disease and t announced information on the organization's( -new w'ebeite an programs. Discussion also ensued regardingfspecies cif mosquitbe and the role of the scorpion in the ecosystem. X. NOTICE TO THE PUBLIC _ XI. CITY COUNCIL ANNOUNCEMENTS OR;-.`MATTERS WHICI J['.&or Control District, and entation on Vector Control Vector Control's goals and County, including West Nile nount of treated gutters and 1'al, fluctuations, and aerial including the suburban mds'dirough the years. He additional Vector Control that breedti.n the Back Bay u1bu WsbLUN L -= Mayor Pro Tem Curry reported attending the Southwest County Conference and visiting Crystal Cove. Further, he participated in-the Navy League Conference. Council Member Daigle cominente&positively on the`�Memorial Bike Ride event including participation, location and staff support. 'She alto' sported touring the new Civic Center. Council Member Hill announced that the M6inorial Bike Ride has raised- 860,000 which the City will be matching on a 3 -to -1 basis. He reported that- Amazon:cgm will donate 6% of sale proceeds from purchases made on Council Member Henn reportedlthat thevTidelands Management Committee meeting scheduled for November 21'�ill be changed to November 28. Mayor Gardner announced the' upcoming Mayor Walk around Santa Ana Heights at 9:00 a.m. on November 15. She also reportedt /attending the Sunrise Rotary Club. XII. CONSENT CALENDAR` A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE OCTOBER 23, 2012 SPECIAL AND REGULAR MEETINGS. 1-700 -20121 Waive reading of subject minutes, approve as amended, and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct the City Clerk to read by title only. Volume 60 - Page 640 City of Newport Beacb City Council Minutes November 13, 2012 B. RESOLUTIONS FOR ADOPTION 3. RESOLUTION SUPPORTING AN APPLICATION BY CITY OF COSTA MESA FOR OCTA MEASURE M2 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM FOR NEWPORT BOULEVARD CORRIDOR SYNCHRONIZATION PROJECT. [100- 20121 Adopt Resolution No. 2012 -94 supporting the City of Costa Mesa application for the OCTA Measure M2 Traffic Signal Synchronization Program for the Newport Boulevard Corridor Synchronization Project. 4. EMERGENCY MANAGEMENT PERFORMANCE GRANT AUTHORIZATION. [100- 2012] Adopt Resolution No. 2012 -95 authorizing the City Manager and the Fire Chief to act as the "Authorized Agents" to execute for and'',n behalf of the City any actions necessary to obtain federal financial assistanceiprovided by the Federal Emergency Management Agency ( "FEMA ") and sub- grante& tlu•ough the State Pf California. C. CONTRACTS AND AGREEMENTS ti'` •. 5. TERMINATION OF HOUSING ASSISTANCE AGREEMENT WITH THE CITY MANAGER (C- 4398), AND RELEASE OF ASSOCIATED PROMISSORY NOTE AND DEED OF TRUST. [38 1100 - $4.121 a) AuthorizeRthe Mayor to execute the agreement terminating the Housing Agreement` between the -City and the City Manager; b) acknowledge that the promissorylnote` recorded against, the Property is discharged and direct the City Clerk to mark the �promissofynote as "PAID IN FULL'; and c) authorize the Mayor, City Clerk and City Attorney tot ke all required actions, including executing the Request for .Full',Reconveyancb, and transmit the same to First American Title Insurance Company to release the second deed of trust against the property. 6. 2012 -2013 SIDEWALK, CURB ANDS GUTTER REPLACEMENT - AWARD OF CONTRACT G5204. (38/-104 -20121 a) tkpprove the project drawings and specifications; b) award Contract No;.5204 to Grig6lla >& -Sons Construction Company, Inc., for the total bid is -..^ price of $49D,�'00 and�. � authorize the Mayor and City Clerk to execute the contract; c) establish an amount of $19,000 (10 %) to cover the cost of unforeseen work not included in the original contract; and ;d) approve. Budget Amendment No. 13BA -019 transferring $206,600 in project, savings from the Fashion Island Area Streets Overlay - Account No. 7%3,91- C2002046 (Me,Asure M Turnback) to Account No. 7281- C2001009 (Sidewalk Curb and G utter Replacement). This amendment also recognizes $4,800 in revenues to (Account 9010 -5901) for private contributions from Lido Isle Community Association and appropriates $4,800 to 7013- C2001009. (Council Members Hill and Rosanshy recu.sed themselveston thi's item) FY2012 -2013 TRAFFIC SIGNAL REHABILITATION PROJECT - AWARD OF CONTRACT C -5223. [381100 -2012] a) Approve the project drawings and specifications; b) award Contract No. 5223 to Dynalectric, for the total bid price $201,672 and authorize the Mayor and City Clerk to execute the contract; and c) establish a contingency of $30,000 (approximately 15 percent) to cover the cost of unforeseen work. D. MISCELLANEOUS 10. CULTURAL ARTS GRANTS, 2012/13. [100 -2012] Approve recommended recipients for Volume 60 - Page 641 City of Newport Beach City Council Minutes November 13; 2012 XIII. FY2012/13 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy 1 -10 - Financial Support for Culture and the Arts. 11. AGREEMENT FOR REFUSE CONTAINER COLLECTION SERVICES (C- 5275). 1381100 -20121 Authorize the Mayor and City Clerk to enter into an agreement with Robert's Waste & Recycling, Inc. to provide non - residential refuse collection services. 13. PROPOSED ORGANIZATIONAL CHANGES IN THE LIFE SAFETY SERVICES DIVISION OF THE FIRE DEPARTMENT. [100 -2012] a) ,Establish the Life Safety Specialist occupational series with a salary range of $60,72'2'" to $103,417 annually (LSS I/II /III) and consolidate the Fire Prevention Specialist, Fire Prevention Plans Examiner, and Community Preparedness Coordinator job classifications into the series; and b) adopt Resolution No. 2012 -102 establishing Life Safety job - classification and salary ranges. S17. PLANNING COMMISSION AGENDA 20121 Receive and file. Regarding Item 5 (Termination of Housing Assists of Associated Promissory Note and Deed of Trust), has voluntarily paid the City's loan in full and com Consent Calendar, except for the items Members Rosansky and Hill on Item 6. The motion carried by the following roll call Ayes: Council Member Member Selich, I R1 Q ;T TO THE P tT FOR NOVEMBER 8, 2012. 1100- \` ent with the City Manager, and Release nber Henn noted that the City Manager for doing this ounoil "?Member Rosansky to approve the and 12);�,arnd noting the recusal by Council Member Rosansky, Mayor Pro Tern Curry, Mayor Gardner, Council per Henn, Council Member Daigle C� 30NSENT CALENDAR EXISTING NON- STANDARD PRIVATE IMPROVEMENTS HT-OF-WAY AT 224 AGATE AVENUE. [100 -2012) Dan'Purcell expressed concern regarding making sidewalks more accessible to senior citizens and the disabled. He encouraged Council to consider this type of item more carefully in the future. Motion by Council Member Selich, seconded by Mayor Pro Tern Curry to waive City Council Policy L.6, Private Encroachments in the public Rights -of -Way, to allow for raised brick planters to encrozaeh upjto 4.5 feet into the Agate Avenue right -of -way at 224 Agate Avenue, contingent upon all conditions of the Encroachment Permit process being met. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle REIMBURSEMENT OF THE NEWPORT CENTER TREE REPLACEMENT COSTS. [100- 20121 City Manager Kiff described the item and recommended completing payment per the current agreement, but also have a discussion of the agreement going forward. He addressed City Volume 60 - Page 642 City of Newport Beach City Council Minutes November 13, 2012 1 &U11 Attorney direction regarding the need to update the agreement. Dan Miller, The Irvine Company, and Council discussed areas covered under the current agreement and the need to update the agreement. Motion by Mayor Pro Tern Curry, seconded by Council Member Selich to a) direct staff to transmit funds in the amount of $122,621 to The Irvine Company representing the City's share of costs for Newport Center tree replacements in accordance with the Letter Agreement dated February 5, 1985, between The Irvine Company and the City of Newport Beach; and b) approve Budget Amendment No. 13BA -020 appropriating $122,621 from the General fund balance reserves to Account No. 3170 -8250. /1 Jim Mosher believed that the agreement is not binding obligations to follow its rules, and highlighted terms of the no obligation by the City to reimburse the costs. l / The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Council Member Selich, Council Membe 12. CORONA DEL MAR LANE MERGE R 20121 Mayor Gardner addressed the speed lim Mar Business Improvement District has' the January 8, 2013 Richard Nichols ci concerns over red u" in its original con hazardous.,--. The-motion carried Member Member Homer Bludau, Membe'r ?o Committee of Visit Newr Mayor's and Council recep noted that tickets are $25. meeting. on the increased or bicyclists. Help "bell_ eyed that im 1 %in¢ roll call vote: rr the City, addressed the City's re4aent. He believed that there is ::X 'r Pro Tern Curia%, Mayor Gardner, Member Daigle \ <, TRIAL - TRAFFIC ANALYSIS. [100- She noted that the Corona del mtil January 2013. to continue the item to traffic resulting from the trial and expressed resented alternatives, including leaving the area plementing bicycle lanes on Coast Highway is lember Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Member Henn, Council Member Daigle iNewport Beach Chamber of Commerce Commodores and the Executive Inc., presented a personal invitation to Council to the Sixth Annual to be held on December 11, starting at 6:00 p.m. at Back Bay Bistro. He Jim Mosher commented on the passage of Measure BE and discussed obligations of Council imposed by the passage of the measure, especially related to the payment of bills. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XVI. CURRENT BUSINESS Volume 60 - Page 643 City of Newport Beach City Council Minutes November 13, 2012 14. COMMERCIAL TIDELANDS USES - SETTING RENT. (100 -20121 City Manager Mff introduced the item and discussed the Ad Hoc Committee, details of the proposed recommendations for other commercial tideland uses as listed in the staff report. He addressed appraisals received, examples of the various proposed rates, rent rates paid by surrounding areas, the survey of gas prices in surrounding areas, gas dock pricing, and Committee recommendations. He addressed approved rents and the phase -in period, and the updated large commercial marina proposal by the Ad Hoc Committee. Seymour Beek, partner in Island Marine Fuel, spoke in opposition to going to a per gallon system, but agreed with the Rasmussen proposal. Gary Hill, Island Marine Fuel, agreed with Mr. Beek, especiASr, -as it relates to the Rasmussen proposal and keeping with the calculation of square Christine Daggert, representing the Newport 1 City is piecemealing the process when CEQA whole for potential effects on the environment owners and commented on property taxes par( that there is a need to slow down and hold mul footage rather gallons'sold. r3Dock Owners' Association, believed that the 'urements require looking -gat the project as a e urged Council to send notices to residential their docks by property owners. She believed workshops on the matter. Gary Pickett, representing Ardell Marina, addressed compared to what was already passed. 1-144L-expressed period, increasing the annual fee, andtprobieins witl consider yacht brokerages related to the \matter and not visited any of the Harbor businesses to determ r marina- related businesses,,He stated that heype approved. large commercial marina proposal regarding condensing the phase -in appraisals. He asked that Council Vdisappointment that the City has ttions of the proposed increases on 'resolution that has already been Judy Gorski, Commodore of the Balboa Yacht, Club, thanked Council for its actions and reported on the programs heli%kat the Club. She expressed concern with the economic impacts of the proposed increases in the,Harbur. -- _ Discusnron ensued- relative to the appraisal -. process, benefits to the gallon - related calculations compared to implementing a 'flat rent fee, similar actions by surrounding cities, and further review by the Ad Hoc C`mmitteeand Council to ensure that the decisions made are internally consistent with each other, Council Member Rosansky;' noted that it is Council's intention that the revenues collected will be reinvested bac'kinto the Harbor for additional improvements. Motion by Council Member Rosanskv, seconded by Council Member Selich to a) adopt Resolution No. 2012 -96 amending Resolution No. 2012 -91 and Resolution No. 2012 -92 relating to Large Commercial Marinas; b) adopt Resolution No. 2012 -97 approving a model lease template and model permit for commercial tidelands uses; c) adopt Resolution No. 2012 -99 setting fair market value rent for commercial tidelands uses and d) direct the Ad Hoc Committee on Harbor Charges to review and make recommendations to the rents and other charges considered by the City Council to date (any other rents later proposed and adopted) to ensure that they are fair and equitable. This shall be done prior to December 31, 2013. Council Member Daigle indicated that she does not support the first three recommendations. Mayor Pro Tem Curry indicated that the revised program was created at the request of the larger marina owners and commended the Ad Hoc Committee for its efforts on this matter. He believed Volume 60 - Page 644 City of Newport Beach City Council Minutes November 13, 2012 that the revisions more closely represent the desires of the larger marina owners. Council Member Hill noted that he is most concerned for small business owners and commended the revisions recommended by the Ad Hoc Committee. City Manager Kiff clarified that staff proposes a phase -in period for small marinas so that when they catch up to the large marina amounts, they will be phased in. He stated that the same percentage increase would be applied for small marinas with an adjustment in their phase -in period. , Council Member Hill requested that City Manager Mffs cc and Council Member Rosansky and Council Member Selich a) adopt amended Resolution No. 2012 -96 amending R( 2012 -92 relating to Large Commercial Marinas, b),a l model lease template and model permit for comm ercia 2012 -98 setting fair market value rent for commercial Committee on Harbor Charges to review and, °make, -f charges considered by the City Council to date4(any of ensure that they are fair and equitable. This shall,be,d( »be made a part of the motion to the amended motion. nde&Wy, Council Member Selich to ution No',' 2012-91 and Resolution No. Resoluti n lo. 2012 -97 approving a delands uses;'c),adopt Resolution No. elands uses and`d),direct the Ad Hoc mmendations to the rents and other rents later proposed and adopted) to prior to December 31, 2013. The amended motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member losansky, Mai or Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member He v -. _ ti Noes: Council Member Daigle 15. FOX LAWSON & ASSOCIATES' EXECL'?TIVE MANAGEMENT CLASSIFICATION AND COMPENSATIONySTUDY.,1100 -20121 i_(' City Manager Kiff intiroduced_t -e item, described the purpose of the study, and noted the need for every emploz ee to he(,wrtivrra:compensation range. ti Deputy City Mana' ` Cas8idv-presented background information and the need to bring the City into,compIlance with Ga1PERS- regulations. She addressed the study, methodology, reasons for the study, and turnover''at the executive level going forward. She indicated that Council needs to selectithe desired classifications an flanges. Discussio'iensued relative to the possibility of keeping the current compensation levels and establishing ranges accordingly. Bruce Lawson, F,ox,-hawson and Associates, addressed the City's compensation levels, inconsistencies withthe current market rates, and the need to set a structure going forward. He also addressed the methodology for job evaluations, the scope and tasks assigned, incorporating public sector numbers rather than private sector numbers, and building a structure using current comparable agencies. He presented information on proposed ratings, job categories, and hierarchy. Regarding decision bands and developing the classification structure, Mr. Lawson stressed that no increases are being recommended for any individual. He also stated that a new structure is needed that would allow for flexibility and would bring the City into current pay practices for current and future employees. Volume 60 - Page 645 City of Newport Beach City Council Minutes November 13, 2012 Council Member Henn commented positively on the approach, believed that it is a myopic approach because it only considers salary, addressed the importance of a program that would allow flexibility in hiring and maintaining quality employees, and noted existing checks and balances within the proposed system. He presented results of testing the new structure and Council Member Henn presented examples of how the new structure would work using various department director positions. Discussion followed regarding the proposed ranges, minimum and maximum salary ranges, the importance of having an established structure to reflect realities, revising the evaluation system, and providing increases based on performance set by targets. I Mr. Lawson explained developing the compensation structure' and the related graph. City Manager Kiff noted that there are no current employees that ,a e` outside of the proposed ranges. Council Member Henn clarified the recommended acti a preference to pay for performance and not be lock& above median without assurances of performance ab incentivizing performance and recommended khe recommendations to establish a 10% bonus potential.; Kiff indicated that he would need to return` to -,Co measures going forward and defining expectatibiis, preference for a one -time incentive. The report would including an incentive program tlai: +;would affect performance measurements that wouidalloi- -bonus pa ,6 Discussion followed regarding the City'`s ranking -;re deferred compensation payments related to ensuring c )us to be taken "on this item. He indicated ]into a structure"-that encourages paying e the median. He'erpressed concern with iotb percentile range,`�.but return with .aa performance incentive:,, City Manager incil with how to establish performance for each position. He also expressed a ilso discuss the merit side of compensation total bonus potentials and structuring to the other comparable cities, and led, employment and performance. Jim Mosher indicated confusion about the ii titter and reported that the City already has salary ranges posted on, -its website. He questioned the compliance issue and whether it relates to Council not havirig- previously approved the'matter. He also questioned the methodology used and believed that the�xating numbers have been manipulated. He addressed the importance of considering - fatal- compensation and suggested} ignoring the report and having Council set the ranges ,a desired. Motion by Council Member Henn, seconded by Council Member Selich to a) modify the Keys, and Management GoinpensAion Plan by adopting Resolution No. 2012 -100 establishing Executive Management salary ranges at the market 50th percentile; and b) bring back an accompanying merit- basediincentive program for the specified 14 positions. The motion caxied by the, {following roll call vote: Ayes: Council Memo- erjHill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member "Selich, Council Member Henn Noes: Council Member Daigle 16. AMENDED AND RESTATED EMPLOYMENT AGREEMENTS FOR THE CITY MANAGER (C -4358) AND CITY CLERK (C- 4100). (381100 -20121 City Attorney Harp indicated that he prepared separate resolutions for each of the positions. Jim Mosher believed that the staff report does not explain bow the recommended increases were developed and did not explain the recommended bonuses. He expressed opposition to the item. Volume 60 - Page 646 City of Newport Beach City Council Minutes November 13, 2012 Motion by Council Member Rosansky, seconded by Council Member Henn to adopt Resolution No. 2012 -99 approving and authorizing the Mayor and Deputy City Clerk to execute the Amended and Restated Employment Agreement for the City Manager. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle No. 2012 -101 approving and authorizing the Mayor and Amended and Restated Employment Agreements for the City The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro T Council Member Selich, Council Member Henn ;;Council Member r XVII. MOTION FOR RECONSIDERATION - None XVIII. ADJOURNMENT - Adjourned at 9:25 p.m. in memory of Ray Watson n to adopt Resolution Clerk to execute the Curry, Mayor Gardner, ti tiJ - �i I City Clerk I! 4 % Recording Secretary Mayor Volume 60 - Page 647