HomeMy WebLinkAbout04/14/2009 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
April 14, 2009 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:13 p.m.
A. Conference with Legal Counsel - Existing Litigation. (Government Code
5495.6.9(a ))p Six matters:
1. Concerned Citizen's v. City of Newport Beach, U.S. District Court Case No.
SACV 08. 00192 -JVS (RNBx)
2. Pacific Shores v. Newport Beach, U.S. District Court Case- I_�o. SACV-Q8-
0.0457 AG (PLax)
3. Sober Living By The Sea v. City of Newport Beach, U.S. District Court Case
No. SACV 08. -00200 JVS. (RNBx)
4. City of Newport Beach v. Morningside Recovery, Orange. County Superior
Court Case No.07CC11694
5. Pacific Shores v. Newport Beach, U.S. Department of Housing and Urban
Development - California - Investigation No. 09 -08- 0592.8; U.S. Department of
Justice Investigation No. 09 -08- 0592 -8
6. Newport Coast Recovery v. City of Newport Beach, Housing and Urban
Development - California - Investigation No. 09 -09- 0713.8
B. COnferennce. wit Lee'al Counsel - Anticipated Litigation - Exposure to Litigation
G vernment Code § 54956.9(_)): One matter:
1. Potential exposure to litigation based upon specific facts and circumstances
arising out of the denial of Newport Coast Recovery, LLC's application for a Use
Permit.
C. Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation
fflLo-yernm Code § _54956—.9(c&. One matter:
1. Potential initiation of litigation against the City of Irvine for violation of the
Brown Act and the California Environmental Quality Act when adopting
regulation changes in the Irvine Business Complex regarding Accessory Business
Uses.
D. Public Employee Performance Evaluation (Government Code § 54957(b)(1)):
Title: City Manager
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E. Conference with Labor Negotiators (Government Code $ 54957.6):
Agency. Designated Representatives: Terri Cassidy, Human Resources Director
Employee Organization: Lifeguard Management Association
III. RECESS
IV. RECQNVENED AT 7_00__P.M. FOR_ REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
VI. CLOSED SESSION REPORT
Regarding Closed Session Item C -1, City Attorney Hunt reported that Council authorized outside
counsel to file suit against the City of Irvine regarding the Irvine Business Complex's accessory
business uses.
VII. PLEDGE OF ALLEGIANCE -Council Member Daigle
VIII. INVOCATI - Frank Carpenter
KA
Presentation by the Volunteers in Policing (VIP) in Recognition of Achieving the $1
Million Mark With of Volunteer Hours - Police Chief Klein introduced the police volunteers
and Malcolm Reid presented Mayor Selich with a check for $1 million worth of volunteer hours.
Eco- Fabulous Event Sponsorship by Inside the Outdoors Foundation - Meghan Barron
and Ana Rothwell invited residents to attend the Eco - Fabulous Fashion Show and Lifestyle
Event on May 9 at the Newport Coast Community Center.
Jeremy Piasecki, Head Coach, Afghanistan National Water Polo Team utilized a
PowerPoint presentation that included the history, goals, vision, growth, partnership, hosting
opportunities and benefits of hosting the team. He suggested that residents visit
www.afghanistanwaterpolo.com for more information.
XV. PUBLIC HEARINGS
20. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMIT (UP2008 -033) -
1216 WEST BALBOA BOULEVARD (NEWPORT COAST RECOVERY) (PA2008-
104) (continued from 3/24/09). (100 -20091
City Attorney Hunt stated that the hearing tonight is for Council to review the record
and make a determination as to whether there is substantial evidence to support the
Hearing Officer's findings. He noted that the evidence acquired after the close of the
hearing is not admissible and cannot be considered by Council in making a determination
on the appeal; however, if the evidence could not be reasonably presented during the
hearing and is relevant, Council has the option to remand it back to the Hearing Officer
for consideration.
Chris Brancart, attorney for the appellant, asked Council to vacate the Hearing
Officer's decision and recommended that the use permit be granted with a 14 bed limit.
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He expressed the opinion that the newly acquired evidence should not be remanded to
the Hearing Officer because there is no substantial evidence as to the adverse impacts
and only speculation based on discriminatory stereotypes and anecdotes was presented.
Assistant City Manager Mff believed that that the Hearing Officer formulated his
findings based on substantial evidence listed in the record.
Kit Bobko, outside counsel, discussed the evidence that was presented to the Hearing
Officer and believed that the evidence is not anecdotal. He urged Council to remand the
newly acquired evidence to the Hearing Officer and stated that the Hearing Officer is the
appropriate person to hear the newly acquired evidence. He indicated that the issue is a
land use issue.
Mayor Selich opened the public hearing
Dick Nichols stated that the facility is integral due to its size, expressed concern about
the closeness to schools, and noted that there is an overconcentration of group homes in
the area.
Larry Mathena indicated that the evidence presented at the hearing included a video,
petitions, the number of facilities in the area, and ongoing complaints.
Louise Fundenberg, President of the Central Balboa Community Association, urged
Council to deny the use permit.
Denys Oberman stated that there is an overconcentration of facilities on the Peninsula,
provided addresses of the group homes in the area, and noted that there are four
facilities within 300 feet of each other. She summarized evidence that was documented
to the Hearing Officer but was not included in the staff report.
Sarah Abraham asked Council to consider the citizens and homeowners in the area.
Mustafa Soylemez believed that there is overconcentration in the area.
Mr. Brancart stated that overconcentration does not constitute a finding that would
justify denying a use permit and believed that the Hearing Officer is not the correct
person to decide the newly acquired evidence. He asked Council to vacate the Hearing
Officer's decision and to approve staffs original recommendation to allow a 14 bed
facility.
Mayor Selich closed the public hearing.
Jim Markman, outside counsel for the City, recommended that Council remand only the
newly acquired evidence on the basis that the applicant be given the opportunity to
explain, disagree, or rebut the information. He stated that the Hearing Officer can judge
it and decide whether to include it in a resolution, and then the item can be brought back
to Council for consideration of the appeal.
In response to Council Member Henn's question, City Attorney Hunt clarified that
Council needs to consider all of the evidence from the hearing.
Motion by Council Member Henn to remand the matter to the Hearing Officer to only
consider the newly acquired evidence.
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The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
XVII. CONTINUED BUSINESS
22. NEW CITY HALL AND PARK PROJECT: CONSIDERATION AND APPROVAL
OF CONCEPT DESIGN, DIRECTION FOR SCHEMATIC DESIGN PHASE. [100-
2009]
Assistant City Manager Kiff introduced the design team and noted that an additional
handout was provided tonight.
Greg Mottola and Sarah Kuehl, Bohlin Cywinski Jackson, utilized a PowerPoint
presentation to illustrate the updated site plan, landscaping, view plane, garage parking,
circulation, event capacity, entry points, park amenities, parking, the dog park, existing
topography, the library expansion, lighting, and the initial floor plan.
In response to Council questions, Assistant City Manager Kiff and Mr. Mottola stated
that staff has not considered automated parking, noted that half of the garage parking is
covered with a trellis to shield the entire view of the deck and possibly mitigate the
headlight glare from cars, provided information on different types of lighting fixtures,
stated that a dog park would need to be fenced, highlighted the location of the grass
meadow and natural areas, stated that there are no guidelines for dog parks but there
are different elements to consider relative to maintenance and aesthetics, and reported
that the current recommendation does not include a restroom on the north side of the
park but does include restroom access from the outside of the community room.
Robert Shaver, CW Driver, stated that the cost estimate for the roof trellis is $2 million.
Council Member Daigle thanked staff and the design team for their hard work and stated
that it is important that the resident concerns are addressed. Council Member
Gardner stated that the cost is consistent with the proposed amount and believed that
the budget breakdown should be made clear.
Council Member Henn raised reservations about the increase in the cost since the
inception of the project. He believed that spending this amount of money for the project
could cause deferral of other projects of equal importance to residents. He asked if the
design of the building is based on the current conceptual plan and whether there will be
an opportunity to reconsider some of the project elements. Mayor Selich stated that the
schematic design phase will start in the fall and some of the elements can be phased or
removed at that time, and that cost reduction opportunities will be considered. Council
Member Webb believed that the structure will be used for at least 50 years, there needs
to be expansion opportunities, and it is not wise to restructure the new City Hall to meet
a dollar amount versus meeting the needs of the community.
In response Council Member Rosansky's questions, City Manager Bludau stated that the
Facilities Financing Plan is predicated on the economy, estimates, and different project
costs. Mayor Pro Tern Curry noted the policy that uses a percentage of the General Fund
budget for capital improvement projects. He agreed that the City Hall and park
project could end up deferring projects like Sunset Ridge Park, Marina Park, the new
police station, and the Corona del Mar library.
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Mayor Selich opened the public hearing
Barry Allen expressed concern about the newly added elements. He urged Council to
build the park and City Hall at the same time and not phase the project.
Dick Nichols expressed concern about traffic circulation, the accessibility to the parking
structure, and that City Hall will not be visible from the street.
Denise Woltmath expressed appreciation for the changes that assist with maintaining
the view plane, asked Council to continue monitoring the lighting, and believed that City
Hall and the park should be built at the same time.
Debra Allen expressed appreciation for the protection of the view plane and suggested
that the area be designed to be people - friendly.
Ron Hendrickson expressed appreciation for the progress, stated that the cost
concerns that Council Member Henn expressed are appropriate, believed that an
orientation process for Council is needed, noted that the library expansion is important,
and indicated that current building costs are low.
Karen Tringali stated that it is imperative that needs are balanced, thanked Council and
staff for allowing residents to provide input and feedback, and asked Council not to phase
the project.
Jan Vandersloot expressed appreciation to the designers for being responsive to
community input.
Rush Hill stated that the importance of approving the conceptual plan is to move
forward with the Environmental Impact Report (EIR). He noted that there are adequate
opportunities for changes during the schematic design phase and indicated that it will be
expensive if changes are done during the design development phase.
In response to Council Member Henn's questions, Mr. Hill stated that the time needed
for refinements depends on various elements. He added that project costs will differ
according to project square footage, details, and methods used. He urged Council not to
limit evaluation opportunities at this time.
Laura Curran expressed concern about the number of private office spaces being
proposed and questioned the need for a dog park.
Mayor Selich closed the public hearing.
Mayor Selich suggested that the Building Committee take another look at office space
sizes, usage, circulation, public counters, and entries, as well as overall value engineering
of the project. Council Member Henn offered to contribute to the process by forwarding
the Building Committee his specific concerns and issues.
Motion .)v Council Member Gardner to a) approve the proposed Concept Design for
the City Hall and Park Project, as proposed; b) direct the Building Committee to take
another look at the use of the office space for sizes, usage, and circulation; and c) direct
staff and the design team to begin the Schematic Design phase, planned to end in
November 2009 with the certification of the City Hall and Park Environmental Impact
Report(EIR).
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The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
X NOTICE TO THE PUBLIC
XI. CITY COi1NCIL. ANNOUNCEMENTS OR MATTERS WHICH _COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR . DISCUSSIONS ACTION OR
REPORT {NON- DISCUSSION ITEM):
Council Member Gardner announced that people can purchase a license plate from the California
Department of Motor Vehicles (DMV) whose proceeds will assist with funding art programs in
schools.
Council Member Webb announced that the Newport Beach Film Festival runs from April 23 to
April 30 and stated that the closing event will feature "500 Days of Summer," which was directed
by his nephew.
Council Member Henn congratulated the Police Department for finishing in first place in the Las
Vegas to Bakersfield run for the fifth year in a row. He also announced that the Relay for Life
Event will be held on May 16 to May 17 at Newport Harbor High School, noted that the City
Council once again will be participating as the Council Critters, and urged all residents to
support this worthy cause.
Council Member Rosansky invited residents to attend the beach cleanup day at 11:00 a.m. on
Saturday, April 18, at McFadden Square.
Mayor Pro Tem. Curry announced that he and City Manager Bludau traveled to Okazaki, Japan,
to celebrate the 25th Anniversary of the Sister City relationship. He stated that he rode in the
cherry blossom parade, spoke to 150 junior high students, toured the library, and toured
an elementary school.
NIL CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR
MEETING OF MARCH 24, 2009. [100 -2009] Waive reading of subject minutes,
approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. [700 -2009] Waive
reading in full of all ordinances and resolutions under consideration, and direct
City Clerk to read by title only.
B. CONTRACTS AND AGREEMENTS
3. IRVINE TERRACE LANDSCAPE IMPROVEMENTS - AWARD OF
CONTRACT (C- 3865). (381100 -2009] a) Approve the project plans and
specifications; b) award the contract (C -3865) to Tal Cal Engineering, Inc. for the
total bid price of $88,982.00, and authorize the Mayor and City Clerk to execute
the contract; and c) establish $8,900.00 (10%) to cover construction contingency.
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4. 2008 -2009 CITYWIDE SLURRY SEAL PROGRAM - AWARD OF
CONTRACT (C- 4086). 1381100 -20091 a) Approve the project plans and
specifications; b) award the contract (C -4086) to Pavement Coatings Company
for the total bid price of $463,100.00, and authorize the Mayor and City Clerk to
execute the contract; and c) establish an amount of $46,000 to cover the cost of
unforeseen work.
5. TRAFFIC SIGNAL MODERNIZATION PHASE I CONSTRUCTION -
COMPLETION AND ACCEPTANCE (C3975). [381100 -20091 a) Accept the
completed work; b) authorize the City Clerk to file a Notice of Completion; c)
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 d) release the Faithful Performance Bond one year
after Council acceptance.
6. TRAFFIC SIGNAL MODERNIZATION PHASES 2 AND 8
CONSTRUCTION - AWARD OF CONTRACT (C-8976).[38/100-20091 a)
Approve the project plans and specifications; b) award the contract (C -3976) to
C.T. & F., Inc. for the total bid price of $520,299.47, and authorize the Mayor and
City Clerk to execute the contract; and c) establish an amount of $78,000 (I5 %) to
cover the cost of unforeseen work.
7. WESTCLIFF STREET LIGHT REPLACEMENT (C -8868) - COMPLETION
AND ACCEPTANCE. [381100 -2009] a) Accept the completed work; b)
authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance Bond one year after Council
acceptance.
8. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES AND
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND COAST
COMMUNITY COLLEGE DISTRICT (C- 4184). [381100 -20091 a) Receive and
file notice of permit application; and b) authorize the City Manager and City
Clerk to execute an agreement between the City of Newport Beach and Coast
Community District.
9. COUNTY OF ORANGE CITY AID PROGRAM (CAP) AGREEMENT FOR
FISCAL YEAR 2009 -2010 (C-4010).1281100-20091 Approve the agreement
between the County of Orange and the City of Newport Beach as required for
participation in the County's Proposition 42 City Aid Program (CAP), and
authorize the Mayor and City Clerk to execute the agreement.
10. PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES,
INC. FOR ENVIRONMENTAL SERVICES ON THE CITY HALL AND
PARK DEVELOPMENT PLAN (C-4141).[381100-20091 Approve Amendment
No. 2 to the Professional Services Agreement with LSA Associates, Inc., and
authorize the Mayor and City Clerk to execute the amended agreement.
11. EMERGENCY REPAIR OF OIL PRODUCTION WELL NO. 11 (C- 4174).
[381100 -20091 Approve the Letter Agreement with Oil Well Service Company for
emergency repair services to repair Oil Production Well No. 11.
13. PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL
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SOILS EVALUATION AS PART OF A CONCEPTUAL DESIGN PLAN
FOR A CONFINED AQUATIC DISPOSAL (CAD) SITE IN NEWPORT
HARBOR (C- 4179). [381100 -2009] a) Authorize the Mayor and City Clerk to
execute a professional services agreement with Anchor QEA to conduct a
geotechnical soils evaluation for a possible Confined Aquatic Disposal (CAD) site
in Newport Harbor; and b) approve a budget amendment (09BA -047) taking
$61,600 in unappropriated General Fund reserves and assign these funds to
Capital Improvement Project #7014- C4402001 (Newport Harbor Dredging
Project).
C. MISCELLANEOUS
14. APPOINTMENT TO THE MEDIA AND COMMUNICATIONS
COMMITTEE. [100 -2009] Confirm Mayor Selich's appointment of Council
Member Rosansky to the Media and Communications Committee.
15. AWARD THE PURCHASE OF SCOTT HUSH AIR COMPRESSOR. [100-
20091 Award the purchase of Scott Hush Air Compressor to Allstar Fire
Equipment, Inc. for the total cost of $41,747.30.
16. PURCHASE OF SCOTT AIR PACK EQUIPMENT AND PARTS. [100 -2009]
Award the purchase of Scott Air Pack Equipment and Parts to Allstar Fire
Equipment, Inc. for the total cost of $54,242.18.
17. PURCHASE OF COMMUNICATION SUITES FOR, NEW PARAMEDIC
VANS. [100 -2009] a) Authorize the purchase of radios, mobile data computers,
GPS trackers and miscellaneous electronic equipment from several vendors for
two new paramedic vans; and b) approve a budget amendment (09BA -046) to
transfer $29,800 from Paramedic Reserve Fund (010 -3732) to 2340 -9300, and
increasing expenditure appropriations by $29,800 in 2340 -9300.
18. GENERAL PLAN ANNUAL PROGRESS REPORT INCLUDING
HOUSING ELEMENT REPORT (PA2007 -195). [100 -2009] Receive and file.
19. PUBLIC MEETING ON PROPOSED TOURISM BUSINESS
IMPROVEMENT DISTRICT (TBID). [100 -2009] Receive public comments
from anyone wishing to speak on the Tourism Business Improvement District
(TBID).
S24. CITY COUNCIL LETTER OF SUPPORT FOR OCTA MEASURE "M"
ENVIRONMENTAL MITIGATION FUNDING REQUEST FROM
BANNING RANCH CONSERVANCY REGARDING POTENTIAL
BANNING RANCH PURCHASE. [100 -2009] The City Manager recommends
the draft letter of support for the Banning Ranch Conservancy's request be
provided.
Motion by Mayor Fro —Tern Curry to approve the Consent Calendar, except for the item
removed (12).
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich,
Council Member Webb, Council Member Gardner, Council Member Daigle
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XIII. ITEMS REEVED FROM THE CONSENT CALENDAR
12. CORONA DEL MAR CONCESSION (FUJI GRILL) - AMENDMENT TO
CONCESSION AND LEASE AGREEMENT (C4017).[381100-20091
In response to Laura Curran's questions, Council Member Rosansky clarified that the
base rent will be reduced but Fuji Grill is required to pay percentages against the base.
He noted that the operator has invested money into the property and is a quality
operator.
Motion. by Mayor Pro Tem Curry to authorize the Mayor and City Clerk to execute
the Third Amendment to the Corona del Mar State Beach Concession and Lease
Agreement.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
xIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE AEI IV TIES
Council Member Daigle reported that she attended the Orange County Sanitation District
meeting and noted that they will be amending the regional permit which she will provide
to Council for review.
Council Member Gardner reported that the Coastal/Bay Water Quality Committee will be
bringing a Miocean proposal before Council to fund visual screens so beaches could display
messages, surf and tide conditions, and other educational information.
Regarding group residential uses, Council Member Henn reported that there is steady progress
relative to use permit hearings and provided the schedule for upcoming hearings. He also
reported that the Hearing Officer denied a reasonable accommodations request from Pacific
Shores on March 25 and approved the reasonable accommodation request for 900 West Balboa
Boulevard.
Mayor Pro Tem Curry reported that he was appointed to the Orange County Parks Commission
and stated that he looks forward to assuming the responsibilities.
XV. PUBLIC HEARINGS - continued
21. REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FISCAL YEAR 2009 -2010 ONE -YEAR ACTION PLAN FOR SUBMISSION TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). 1100-
20091
Economic Development Coordinator Bowden stated that, besides the applications
received for public service provider funding and the standard Capital Improvement
Projects (CIP), they received a CIP application from Seaview Lutheran Plaza for
$175,000 to replace a deteriorated plumbing system. Staff believed that the more
appropriate funding mechanism is through the City's Affordable Housing Fund.
In response to Council Member Daigle's questions, Assistant City Manager Wood stated
that the in lieu funds to preserve affordable housing will help the City meet the low
income housing element requirement. Economic Development Coordinator Bowden
stated that the action plan would need to be amended if and when the City receives
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$93,000 of stimulus money. Council Member Rosansky expressed support and noted
that he would like more information on the issue of funding the Seaview Lutheran
request.
Beverly Shuber believed that the funds should be used to assist developers for newly -
constructed affordable housing.
Charles R. Gross, President of Seaview Lutheran Plaza, introduced board members in
attendance and provided the Plaza's history, construction information, and rental
process. He indicated that the strategic plan should include information about how to
build and maintain affordable housing in the City.
Motion by Council. Member.Daigle to a) approve the 2009 -2010 CDBG Action Plan; b)
authorize the City Manager or his designee to execute the FY 2009 -2010 CDBG Program
Grant Agreement and all related documents on behalf of the City; and c) adopt
Resolution No. 2009 -17 authorizing the City Manager to submit the FY 2009 -2010
application for CDBG funds and One -Year Action Plan to HUD.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor
Selich, Council Member Webb, Council Member Gardner, Council Member Daigle
XVI. PUBLIC COMMENTS
Lloyd Eichert stated that he is currently working on replicating a 1951 City of Newport Beach
police car. He indicated that he is in the process of raising funds and requested that donations be
sent to the Police Department with a reference to the Police Car Project.
XVIII. CURRENT BUSI_NESS
23. IMPLEMENTATION OF CALPERS RETIREMENT FORMULA (3%@50) FOR
LIFEGUARD SAFETY EMPLOYEES PER RATIFIED MEMORANDUM OF
UNDERSTANDING (JULY 2006 - DECEMBER 2008).[100-20091
Human Resources Director Cassidy reported that the Memorandum of Understanding
(MOU) was previously approved by Council as part of the negotiation process and noted
that the 3% at 50 formula was supposed to be implemented prior to December 31, 2008.
She also stated that the implementation cost needed to be recalculated and will cost the
City $135,000.
In response to Council questions, Human Resources Director Cassidy stated that this is a
contractual obligation that occurred two years ago and was not done prior to the
expiration of the contract. City Attorney Hunt clarified that Council will need to approve
the agreement or be in breach of contract.
Richard Santos, CalPERS Senior Pension Actuary, clarified that the amount will not
change until August 2009.
Motion by-Mayor Selich to a) adopt Resolution No. 2009.18 relating to the City's
intention to approve an amendment to the contract between the Board of Administration
of the California Public Employees' Retirement System (Ca1PERS) and the Newport
Beach City Council to authorize a "3 % @50" retirement formula for specified Lifeguard
Safety employees within the Fire Department; and b) introduce Ordinance No. 2009 -10
authorizing an amendment to the contract between the City Council of the City of
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Newport Beach and the Board of Administration of the California Public Employees'
Retirement System (CalPERS), and pass to second reading on May 12, 2009.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member
Webb, Council Member Gardner, Council Member Daigle
Noes: Council Member Rosansky
XIX. MOTION FOR RECONSIDERATION -None
XX. ADJOURNMENT - Adjourned at 10:46 p.m. in memory of John Allen Standage, Audrey
McIntosh, and John McIntosh
The agenda for the Regular Meeting was posted on April 11, 2009, at 3:80 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building. The amended agenda for the Regular Meeting was posted on April 13, 2009,
at 3:38 p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
Mayor
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