HomeMy WebLinkAbout01/22/2013 - Regular MeetingCity Council Minutes
Regular Meeting
January 22, 2013 -- 7 :00 p.m.
I. STUDY SESSION - 3:30 p.m.
H. CLOSED SESSION - 5 :34 p.m.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Government
Code § 54956.9(d)(2)): 1 matter
Correspondence from Steven Baric dated January 10, 2013, regarding the City Councirs
December 11, 2012 decision to adopt resolutions approving a model permit template and
setting fair market, value for residential piers.
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government
Code § 54956.9(d)(1)): 3 matters
L 77a mias Schomburg u. City of Newport Beach
WCAB Case No. ADJ3877946, Claim No. 04 -35135
2. Friends for Good Planning u. City of Newport Beach
Orange County Superior Court Case No. 30. 2012. 00550274
3. Janice Coin v. City of Newport Beach
Orange County Superior court Case No. 30- 2012.00542408
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957):
Title: Leilani Brown, City Clerk
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT
Regarding Closed Session Item A, City Attorney Harp reported that Council Member Selich recused
himself from the item. He indicated that the Brown Act had not been violated, reported that Council voted
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6 -0 to not take any action regarding Mr. Baric's request, and stated that Mr. Baric would be informed.
VII. PLEDGE OF ALLEGIANCE - Council Member Daigle
VIII. I1vWOCATION - Mr. Frank Carpenter
IX, PRESENTATIONS
Presentation from Newport Beach Sister City - Okazaki, Japan
Mayor Curry welcomed the delegation from Newport Beach's Sister City, Okazaki, Japan,
Mr. Shinzo Ota, representing the Okazaki International Group, thanked Mayor Curry for his
introduction, expressed the group's appreciation, and stated that they are honored to visit the City
and the new City Hall facility. He commented positively on the Sister City relationship and stated
the importance of increasing citizen awareness. He invited residents to visit the City of Okazaki in
celebration of the anniversary of their mutual relationship. He wished the City continued success
and presented a memento in acknowledgement of the visit.
Mayor Curry reported that the relationship was initiated 28 years ago by the Rotary Clubs of each
City and commented positively about the program. He encouraged residents to get involved with
the Sister City Association.
Council Member Gardner noted that they have beautified the City of Newport Beach with
sculptures and trees, and expressed her appreciation.
Recycling Presentation from Vanis Buckholz
Vanis Buckholz, a fourth grader at Harbor View Elementary School, provided a presentation of how
he started his recycling business, My Recycler, at the age of seven in order to help the environment.
He discussed the current operation and indicated that he is now able to help underprivileged
children through donations to Project Hope Alliance. He expressed his appreciation to Council and
to his customers for supporting him.
X. NOTICE TO THE PUBLIC
XI. 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 reported that the Library and the Library Foundation will be offering a children's
cooking class beginning in March. In addition, she encouraged the public to consider signing up for the
Police Department's Nixle Crime Alert System.
Council Member Henn announced that he attended the Firefighters' Promotional Ceremony on January 17
and announced that the upcoming Annual Mayor's Dinner will be held on February 8, 2013, at 5:30 p.m. at
the Newport Beach Marriott.
Mayor Curry noted that Restaurant Week concludes on January 27 and announced that he attended the
Police Department Promotional Ceremony. He reported that Council held its Annual Planning Session
and stated residents will be pleased with Council's push to revitalize City neighborhoods, manage the
City's budget, continue to protect the environment and community, and continue to operate an efficient
and effective City. Mayor Curry reported that the City's Crime Statistics indicate that there is a decrease
in crime. However, he addressed the release of prisoners due to AB109, but noted that Council and the
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Police Department are looking at the issue carefully to ensure the decreased crime trend is not reversed.
Mayor Curry reported he recently spoke at the City's Youth Commission remarking on their positive
efforts. Mayor Curry announced a free event to be held at Concordia University on February 27, 2013, .
related to reducing Driving Under the Influence (DUI). He stated that he represented the City at the
Mayor's Conference in Washington D.C. and reported on key issues discussed.
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
Jim Mosher noted that there is an amended copy of the minutes (Item 1) available in the lobby and
expressed hope that Council would clarify which version it will adopt. He believed that there may be
confusion regarding Item 2 (Reading of Ordinances), expressed opposition to Item 4 (On -Call Landscape
Architectural Services), and expressed his preference that Council share the goals previously set for the
City Attorney and if they were achieved to qualify him for a future raise (Item 8).
Regarding Item 4 (On -Call Landscape Architectural Services), Laura Curran expressed concern that the
staff report does not provide enough information and questioned how the additional money will be spent.
XHL CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
I. MINUTES FOR THE JANUARY 8, 2013 REGULAR MEETING AND JANUARY 12,
2013 SPECIAL MEETING. [100-20131 Waive reading of subject minutes, approve as
amended, and order filed.
City Attorney Harp reported that the minutes should be amended to reflect that
Council Member Henn recused himself regarding the Property Negotiations Item
under Closed Session (Item IV.A).
1 READING OF ORDINANCES. Waive reading in full of all ordinances under consideration,
and direct the City Clerk to read by title only.
B. CONTRACTS AND AGREEMENTS
3. FY 2011 -12 TRAFFIC SIGNAL REHABILITATION PROJECT - COMPLETION AND
ACCEPTANCE OF CONTRACT NO. 4841. [381100 -2013] a) Accept the completed work
and authorize the City Clerk to file a Notice of Completion for the project; b) authorize the
City Clerk to release the Labor and Materials Bond 65 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 this Council acceptance.
Council Member Daigle expressed her appreciation for the completion of the traffic
signal rehabilitation project and its continuation.
4. APPROVAL OF AMENDMENT NO. 1 TO ON -CALL PROFESSIONAL SERVICES
AGREEMENT WITH TCLA, INC. (C -4828) AND DAVID A. PEDERSON (C- 4835).
[381100 -20131 a) Approve Amendment No. I to the April 295 2011, On -Call Professional
Services Agreement with the TCLA, Inc., to extend the term until January 31, 2015, and
increase the contract limit to $250,000 for continuing on -call landscape architectural services
and authorize the Mayor and City Cleric to execute the Amendment; and b) approve
Amendment No. 1 to the April 11, 2011, On -Call Professional Services Agreement with the
David A. Pederson to extend the term until January 31, 2015, and increase the contract limit
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to $250;000 for continuing on -call landscape architectural services and authorize the Mayor
and City Clerk to execute the Amendment.
5. AMENDMENT NO. I TO PROFESSIONAL SERVICES AGREEMENT WITH VALLEY
SOIL, INC., FOR THE NEWPORT COAST ASBS RUNOFF REDUCTION PROGRAM
(C- 4.908). [381100 -20131 a) Approve Amendment No. I to Professional Services Agreement
with Valley Soil, Inc., for a not -to- exceed cost of $480,000 to provide and install additional
weather -based irrigation controllers and provide related customer service activities; and
authorize the Mayor and City Clerk to execute the Amendment; and b) approve Budget
Amendment No. 13BA -029 appropriating $150,000 from the Water Enterprise Fund (500) to
the Water conservation Equipment Account No. 5500.9040,
C. MISCELLANEOUS
6. PLANNING COMMISSION AGENDA JANUARY 17, 2013. [100 -20131 Receive and file.
7. BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE RECORDS
MANAGEMENT - BUILDING DEPOSIT ACCOUNT TO AN EXPENDITURE
ACCOUNT. 1100 -20131 Approve Budget Amendment No. 13BA -026 transferring $50,600
from the Records Management - Building Deposit Account to a Building Division expenditure
account for the purpose of archiving permit records into an electronic format.
8. AMENDED & RESTATED EMPLOYMENT AGREEMENT FOR CITY ATTORNEY (C-
4925). [381100 -20131 Approve and authorize the Mayor and City Clerk to execute the
Amended and Restated Employment Agreement for the City Attorney.
9. BIKE SAFETY IMPROVEMENT FUND: TERM EXTENSION AND PROJECT
AU`T'HORIZATION. [100 -20131 a) Extend the community fundraising term for the Bicycle
Safety Improvement Fund (BSIF) form December 31, 2012 to March 31, 2013, at the
authorized 3:1 match of City resources to contributions with a cap of $450,000 for the City's
contribution; and b) authorize use of the current and future BSIF funds, including both
community- raised funds and City matching funds for the projects listed as "Planned Projects"
on the Bicycle Facility Improvement Project Summary.
Motion by Mayor Pro Tom Hill, seconded by Council Member Henn to approve the Consent
Calendar; and noting the amendment to Item 1.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council. Member Daigle
In response to Council Member Gardner's questions regarding how the Consent Calendar is managed,
Mayor Curry reported that, if a Council Member pulls an item, the public would have an opportunity to
comment on that item when it is discussed; however, if nothing is pulled off of the Consent Calendar, the
public would have an opportunity to comment on Consent Calendar items collectively.
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR :None
XV. PUBLIC COMMENTS ON NON- AGENDA ITEMS
Referencing an October 9, 2012 staff report about furniture for the Library Expansion, Laura Curran
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indicated that the staff report listed items to be purchased and noted that many of the items were custom
made. She expressed concern that the staff report did not list specific items to be purchased or the
corresponding amounts. She reported that she requested this information, but has yet to receive it and
indicated that this type of information should be available and accessible in staff reports, especially for
large projects.
Mark Tabbert, Orange County Chapter of the Citizens' Climate Lobby, highlighted the Chapter's purpose
and stated that he met with Congressman Dana Rohrabacher who also expressed interest in the climate
change issue. He hoped that the Council will become interested in this issue and initiate discussions on
the matter. He provided information regarding a study by Yale University regarding climate change
opinions.
Paul Glowienke expressed appreciation to the Island Hotel for hosting the Children's Hospital of Orange
County (CHOC,) Gala, and acknowledged a gift from Newport Beach resident Bill Holmes in the amount of
$27 million. He invited Council Members to attend the Tower opening on February 2, 2013 at noon, and
encouraged Council Members to personally thank Mr. Holmes for his donation.
George Schroeder thanked Council Member Henn for announcing the upcoming Mayor's Dinner and
reported that the event is sold out. Ile expressed appreciation to Jo Vandervort and Kathy Harrison for
their help in coordinating the event.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council. Member Daigle reported on the 794th meeting of the Orange County Vector Control Board and
discussed her involvement with the agency to address mosquito problems in Big Canyon.
Council Member Henn discussed a Balboa Village Advisory Committee (BVAC) meeting he attended on
January 9, 2013, which generated recommendations for a Commercial Parking Program for Balboa
Village, Additionally, BVAC approved a 2013 work schedule and appointed a subcommittee to assist staff
in moving forward with the Commercial Fagade Program.
Council Member Henn summarized issues considered at the recent Tidelands Management Committee
meeting, including a recommendation which will be presented to Council regarding the segregation of
increased revenue from recently approved harbor fee increases into a special purpose Tidelands fund for
use exclusively on harbor - related projects. He added that they also received a presentation about
controlling sea level rise in the harbor and there was discussion regarding expanding other user fees
related to the harbor.
XVIL PUBLIC BEARING
10. WOODY'S WHARF USE PERMIT APPEAL - 2315 NEWPORT BOULEVARD - USE PERMIT
NO. 2010 -010 (PA2011 -055). ['100 -24131
Mayor Pro Tom Hill recused himself from this item since he owns property within 500 -
feet of the subject location, and left the dais.
Mayor Curry pointed out that the staff report is recommending continuing the item to the March 12,
2013 City Council meeting.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the Public
Hearing.
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Motion by Council Member Henn, seconded by Council Member Selich to continue the
matter to the City Council meeting of March 12, 2013.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
XVIH, CURRENT BUSINESS
11. AMENDMENT TO NEWPORT BEACH MUNICIPAL CODE (NBMC), MASTER FEE
RESOLUTION RELATED TO COMMERCIAL AND NON- COMMERCIAL TIDELANDS
USES, AND NON - COMMERCIAL IMPLEMENTATION, (100 -20131
Council Member Selich recused himself from this item because he owns a residential
pier, and left the dais.
City Manager Kiff provided the staff report.
In response to Council Member Daigle's question regarding the inspection fee and exemptions,
Assistant City Attorney Torres reported that inspections are conducted by the Harbor Resources
Office and explained their purpose. Regarding exemptions, he reported that the practice is based on
State law and referenced the Public Resource Code which formerly did not allow the State Lands
Commission to charge rent for residential piers. He noted that the City followed the State's lead
and placed an exemption in the Residential Pier Code, and explained that the State reversed its
prior practice when SB 152 was adopted. Council Member Gardner added that she has been
receiving emails regarding potential negative impacts of using private docks for commercial use.
Council Member Henn stated that approximately 20% of the residential piers in the harbor have
been rented in some form. fie noted that there are many residential. piers in his district and he has
never received complaints regarding problems caused by residential piers being rented. He
indicated that passing the ordinance should not increase the number of residential piers being
rented out, noting that many are not suitable for rental because of access and privacy issues. He
pointed out that the real issue is property rights and expressed support for allowing private docks to
be rented, especially due to the potential increase in fees charged to pier owners. Mayor Curry
agreed that it would be unfair to increase the rates and not allow residents to have full use of their
property. He stated that, although he recognizes that there may be potential problems, the
possibility does not warrant prohibiting property owners from renting out their residential piers.
He added that the matter will be closely monitored. Mayor Pro Tern Hill added that, if problems
arise in the future, the Council has the prerogative to make appropriate adjustments. He
questioned violation enforcement. City Manager Kiff reported that there will be enforcement, but
that the process has not yet been established and that it may be set on a complaint basis.
Council Member Petros noted the rate for renting residential piers being the small marina rate was
not identified in the staff report. City Manager Kiff clarified the rate is identified in the resolutions
which were adopted in December 2012. Further, they are included in the ordinance which, if
adopted, would allow the rental fee to default to the resolution.
Jim Mosher addressed the proposed $100 appeal fee, recommended refunding the appeal fee if the
appeal is successful, and questioned the reason for rescinding the $100 inspection fee.
Bonnie McClellan spoke in opposition of allowing residential piers to be rented. She requested that
the City conduct a study relative to solutions for potential rental problems such as pollution, trash,
parking, noise, increased crime, and privacy.
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Barry McClellan believed that the rental issue needs careful consideration.
Wayne Zippi spoke in support of allowing residential pier owners the ability to rent out their piers.
He believed that problems can be mitigated and that residents' rights should not be infringed upon.
Motion by Council Member Henn. seconded by Council Member Gardner to a) introduce
Ordinance No. 2013 -1 amending various sections in the NBMC related to commercial and non-
commercial tidelands uses, and pass to second reading on February 12, 2013; and b) adopt
Resolution No. 2613.5 amending the Master Fee Resolution to eliminate the annual non - commercial
(residential) pier inspection fee and establish a subsidized appeal fee for tidelands permits and
leases.
The motion carried by the following roll call vote:
Ayes; Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Henn
Noes: Council Member Daigle
12. RESOLUTION NO. 2013 -6: PREVAILING WAGES. [100 -2013)
City Manager Kiff noted that input was presented during Study Session. He discussed staffs
recommendations and explained that the resolution would exempt some locally- funded Public
Works projects; however, Council would have the option to determine whether projects should be
paid at prevailing wage. Council Member Gardner believed that the resolution makes it difficult to
pay prevailing wage. City Attorney Harp stated that the current practice has been to pay prevailing
wage and the proposed resolution reflects that the City world not pay prevailing wage unless
Council directs staff otherwise. Council Member Petros suggested that the resolution state that the
City may exempt locally- funded Public Works projects. City Attorney Harp indicated that this
language would then require Council to make a determination on every contract rather than set a
general rule.
Council Member Petros questioned if non - prevailing wage practitioners were licensed or insured,
and asked if these requirements can be written into the contracts.
City Attorney Harp pointed out that license and insurance language are standard provisions in all
City contracts and staff conducts the verifications. Council Nlember Henn added that staff qualifies
all contractors based on their work history and previous job performances, including their
involvement with other jurisdictions. Mayor Curry questioned State requirements regarding public
contracts relative to the requirement to accept low bidders on projects.
City Attorney Harp reported that the City's Charter requires acceptance of the lowest, responsible
bidder. He noted that each contractor's responsibilities and responsiveness are also reviewed.
Regarding questions about the new City Hall facility, Assistant City Manager Badum confirmed all
contractors were pre - qualified and the City paid prevailing wage on the project. He explained that
certain Public Works projects are not necessarily capital projects, such as landscape or building
maintenance, and indicated that the City needs flexibility due to differences in project
scope. Council Member Gardner clarified that she is not objecting to the goal, but believed that the
language in the resolution, seems to indicate that the City will not pay prevailing wage unless there
it is a State project or unless Council determines otherwise.
City Manager Kiff explained that projects would be brought before Council with recommendations
regarding the payment of prevailing wage. He added that, upon adoption of the Capital
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Improvement Plan (CIP), a notation regarding payment could be included. He noted that the intent
of the resolution is to protect the rights of charter cities and staffs right to present appropriate
recommendations to the Council. Council Member Selich stated that he supports the current
wording, as proposed, which allows the maximum flexibility and protects charter cities.
Samantha Draper, Smart Cities Prevail, agreed that the City has a right to exempt prevailing wage
and have options; however, she believed that the resolution may result in insecurity and
uncertainty for local contractors and workers. She stated that, by choosing a prevailing wage policy,
the City will send a strong message to local contractors and workers that their contributions to the
City are valued.
Robert Rowe, Fire Sprinkler Advisory Board of Southern California, requested that Council consider
the matter carefully and believed that the high quality of the new City Hall facility is attributable to
using prevailing wage.
Jim Adams, Los Angeles /Orange County Building and Construction Trade Council, presented
information regarding the Construction Trade Council and encouraged the City Council to continue
the prevailing wage requirement for locally funded projects. He stated that Newport Beach deserves
the highest quality contractors which compete based on skill, safety, and efficiency, rather than by
cutting wages. He listed the benefits of paying prevailing wage and addressed the importance of
apprenticeship programs.
Cindy McMackin. owner of a local mechanical contracting company, stated that the City attracts the
best skilled labor available because it is a wonderful city. She believed that paying prevailing wage
allows the City to receive a cost savings, faster completion time, higher safety, and quality
standards. She requested that the City keep prevailing wage, but allow opting out as an option.
Doug WIangione noted that construction workers are part -time workers who do not get paid
vacations and typically do not receive holiday or sick days. He addressed the importance of
apprenticeship programs which produce quality workers.
W. R. Dildine expressed the importance of unions, and encouraged Council to reject, the resolution
and continue to pay prevailing wage on City projects.
Jim Conway, Statewide Labor Management Coalition, believed that many people will be negatively
affected by the potential elimination of prevailing wage, it is difficult to determine the exact amount
which will be saved, and paying prevailing wage does not significantly impact the cost of the overall
projects. He added that, when Council considers the potential for rework of projects that are done
incorrectly, it is better to have them done right the first time. He believed that not paying
prevailing wage encourages workers to cut corners, and requested that Council consider this issue
carefully and not approve the resolution.
In response to Council Member Gardner's inquiry, City Attorney Harp reported that if no action is
taken, prevailing wage applies to every agreement unless the Council makes a specific funding to not
pay prevailing wage on specific projects. He added that, according to the definition, prevailing wage
applies to many projects including maintenance, repair, and landscaping. He stated that the City
Attorney's Office recommends that Council adopt a resolution stating that prevailing wage does not
apply to the City unless Council decides to opt -in according to the specific circumstances.
Council Member Henn expressed support for the proposed, language, as written, and noted that the
construction industry is the only industry in the country which has a prevailing wage requirement.
He noted his desire to have the flexibility to hire highly qualified people for a good price.
Council Member Daigle believed that City Attorney Harp's recommendation provides the City with
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an additional level of protection.
Mayor Curry stated that the City has paid prevailing wages for all of the City's complex projects and
probably will do so in the future; however, he noted that smaller projects warrant the flexibility of
opting -out of paying prevailing wage.
Motion by Council Member Henn, seconded by Council Member Selich to adopt Resolution
No. 2013.6 exempting locally funded public works projects from prevailing wages.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
13. BALBOA VILLAGE RESIDENTIAL AND COMMERCIAL PARKING PROGRAM AND
BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE GENERAL FUND
RESERVES TO AN EXPENDITURE ACCOUNT. [100 -20131
Community Development Deputy Director Wisneski utilized a PowerPoint presentation to discuss
the proposed Balboa Village Residential and Commercial Parking Program, the Balboa Village
Advisory Committee (BVAC), and BVAC's work plan to implement the strategies contained in the
Balboa Village Master Plan. She addressed direction by Council to conduct a survey to gauge
resident support within the proposed parking district and noted that the area is being impacted by
commercial parking in the area. She provided sample questions and discussed responses. She
provided details about the proposed work program, Coastal Commission review, enforcement, field
work, continued public outreach, involvement by mooring owners, program components, and next
steps.
In response to Council Member Gardner's questions, Community Development Deputy Director
Wisneski reported that the 4:00 p.m. parking permit start time was proposed by the Citizens
Advisory Panel (CAP). She expressed the importance of addressing this issue during the field work,
in the event the start time needed to be modified. Community Development Director Brandt
indicated that the number of homes in the area that do not have garages will be included in the field
work.
Council Member Petros expressed concern that the proposed parking permit stickers will cost $20
per vehicle. Community Development Deputy Director Wisneski stated that the amount was
proposed by the CAP; however, this can be addressed in the future. She noted that the goal was for
the cost of the permit not to be an issue for the residents. Council Member Petros suggested
reducing the fee. Regarding the recommendations made by the CAP, Council Member Henn stated
that the Balboa Village area is unique due to the intensity of impacts from beach users and boat
excursions. He highlighted the revitalization efforts for the Village and indicated that Balboa
Theater and ExplorOcean renovations could also further intensify the issue. He added that the
intent of this program was to address possible future intensification and provide a buffer area to
assist residents to successfully deal with existing and future parking issues. He noted that this is
the initial proposed program and that it will still undergo further consideration and modification.
He believed that, as a whole, it is a reasonable proposal as a starting point.
Council Member Selich noted that Balboa Island has similar problems with various existing ocean
excursions. Council Member Gardner stated that, if the plan is approved, Balboa Island will
experience increasing negative impacts and suggested considering both areas along a parallel path.
Community Development Deputy Director Wisneski addressed commercial parking, including the
parking district boundary; the possibility of creating a pool of parking for commercial businesses in
the area; and detailed the parking strategies proposed. She provided a proposed timeline, including
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action items to be discussed. Council Member Henn believed that the first step should be to develop
the criteria to determine what the right actions should be.
Mayor Pro Tern Hill commented on the results of the survey to date and highlighted the many "no
opinion" statements. He believed that the survey does not provide any consensus of direction.
Marianne Zippi took issue with the time allowed to respond to the survey, having to pay to park in
front of her home, the lack of restrictions regarding how often or how much the fees will be raised,
there being no guarantee residents will have a place to park, and the exclusion of other areas from
paying the fee. She believed that the motive for this program is to generate revenue for the City, the
plan is discriminatory, the survey did not address important issues or provide complete information,
and the survey is inaccurate.
Dan Wesley thanked staff for allowing himself and other mooring owners to be involved in the
process. He stated that mooring owners should be part of the parking permit process, even though
they will not have a big impact on the program.
Don Beatty spoke in favor of some type of parking permit program, but expressed concern that this
program extends too far west. lie concurred with Mayor Pro Tom $ill's assessment regarding the
survey being inconclusive.
Howard Hall requested that Council not pass the proposed program with the planned boundaries
and requested that the Council amend the boundaries. He stated that many community members
have expressed opposition to implementing a parking permit system.
Jim Mosher indicated that the results of the survey may not be valid and suggested having a
random sampling from those who did not respond.
Jim Stratton noted that he was part of the CAP and is on BVAC, they counted the garages within
the proposed area, and there are 1,019 off - street, useable parking spaces (716 on- street parking
spaces and 853 residences) in the designated area. He clarified the reason for choosing a 4:00 p.m.
permit start time and stated that it will probably need adjusting when it is presented to the Coastal
Commission. He reported that BVAC spent many hours evaluating previous studies and indicated
that all of the studies recommended some type of permit parking. He requested that Council move
forward with the program and discussed public outreach efforts. He encouraged the public to
contact him for information and announced that the next BVAC meeting will be held on Wednesday,
February 13, 203.3 at 4:00 p.m. at the ExplorOcean Nautical Museum.
An unidentified speaker expressed concern with the validity of the data collected and recommended
creating another survey which would classify resident owners, non- resident owners, and renters.
Council Member Henn indicated that survey data was classified by type of resident and noted that
the results were carefully analyzed and did not reflect a significant pattern of bias.
W.R. Dildine thanked Council for their efforts and requested that they move forward, noting that
many residences do not have parking available to them for various reasons.
In response to Council questions, Community Development Deputy Director Wisneski detailed
future steps regarding field work for both residential and commercial parking programs. Mayor Pro
Tom Hill indicated that he would be in favor of the item, but encouraged generating more data to
further define the program and having more community involvement. Council Member Gardner
expressed her hope for a large community outreach since marry residents are not fully informed
about the program. Community Development Deputy Director Wisneski addressed various methods
for community outreach and publicizing the issue.
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Motion by Council Member Henn. seconded by Council Member Selich to a) authorize staff
to pursue implementation of the Overnight Residential Permit Parking Work Program and the
Balboa Village Commercial Parking Program, including the retention of appropriate consulting
services; and b) approve Budget Amendment No. 13BA -027 transferring $91,104 from the General
Fund Reserves to a Planning Division expenditure account.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
14. APPOINTMENTS TO THE ENVIRONMENTAL. QUALITY AFFAIRS COMMITTEE (EQAC)
AND THE WATER QUALITY/COASTAL TIDELANDS COMMITTEE. [100 -20131
Council Member Gardner reported that only four applications for EQAC have been received for the
seven seats on the committee, and suggested extending the application period an additional two
weeks.
Motion by Council Member Gardner, seconded by Council Member Selich to a) direct the
City Clerk to re- advertise, the Environmental Quality Affairs Committee (EQAC) vacancies; and b)
continue the appointments to EQAC until more applications are received.
The motion carried by the following roll call vote:
Ayes: Council R'lember Gardner, Council Member Petros, Mayor Pro Tem. Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
With regard to the Water Quality /Coastal Tidelands Committee appointments, City Clerk Brown
noted that a motion and vote was needed in order to waive the portions of Council Policy A -2 which
establishes a Council Ad Hoc Appointments Committee and requires two or more applications for
each vacant seat.
Motion by Council Member Henn, seconded by Council Member Gardner to a) waive the
portions of Council Policy A -2 (Board and Commission Appointments) which establishes a Council
Ad Hoc Appointments Committee and requires two or more applications for each vacant seat; b)
consider the Water Quality /Coastal Tidelands Committee applications received in the City Clerk's
Office by the January 9, 2013 deadline; make appointments via paper ballot to the Water
Quality /Coastal Tidelands Management Committee pursuant to City Council Policy A -2.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
City Clerk Brown provided paper ballots and announced the following votes:
Dennis Baker - Gardner, Petros, Hill, Selich, Henn, Daigle, and Mayor Curry
Carl Cassidy - Gardner, Petros, Hill, Selich, Henn, and Mayor Curry
Louis Denger - Gardner, Petros, Hill, Selich, Henn, Daigle, and Mayor Curry
Fred Galluccio - Gardner, Petros, Hill, Selich, Henn, and Mayor Curry
Laird Hayes - Gardner, Petros, Hill, Selich. Henn, Daigle, and Mayor Curry
Jaime Holmes - Petros, Hill, Daigle, and Mayor Curry
Lawrence Houston - Gardner, Hill, Selich, Henn, and Daigle
George Robertson - Gardner, Petros, Selich, Venn, Daigle, and Mayor Curry=
Douglas Wood - Daigle
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City Clerk Brown announced that Dennis Baker, Carl Cassidy, Louis Denger, Fred Galluccio, Laird
Hayes, Lawrence Houston, and George Robertson were appointed to the Water QualitytCoastal
Tidelands Management Committee.
15, PURCHASE OF RESCUE AMBULANCES AND ANCILLARY EQUIPMENT. [100 -2014
Jim Mosher referenced the staff report, questioned the increased cost, and asked if the value of the
ambulances being replaced could help offset the purchase price.
In response to Council questions, Fire Chief Scott Poster confirmed that there are ten firefighter
companies and three ambulance companies in the City. He stated that some of the older vehicles
will be auctioned because they are mechanically unsound and unusable, and reported that the Fire
Department also uses the three reserve ambulances and three front -line ambulances. He noted that
some of the vehicles do not reach 80,000 miles and that many of the current vehicles are in poor
condition and are unserviceable. He indicated that fuel mileage is not currently considered. He also
confirmed that the City will receive a discount due to its multi -unit purchase.
Motion by Council Member Selich, seconded by Mayor Pro Tem Hill to a) approve the
purchase of three ambulances from Leader Industries, Inc. of South El Monte and ancillary medical
equipment for a total cost of $827,207.64; b) approve a purchase agreement with Halcore Group,
Inc., dba Leader Industries for said purchase; and c) approve Budget Amendment No. 13BA -030 in
the amount of $649,207.64 to provide additional funding for the purchase.
The motion carried by the following roll call vote:
Ayes; Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
16, CORONA DEL MAR TRANSMISSION MAIN PIPELINE IMPROVEMENTS - AWARD OF
CONTRACT (C- 4603). [381100 -20131
Deputy Public Works Director Thomas presented an overview of the project, benefits, location and
alignment of the project, traffic management plan and traffic flow during construction, pipeline
alignment, typical types of pipe, and the proposed project schedule and timeline. He noted
construction will be phased to cause the least disruption to traffic_ He indicated that the project
would install a new pipeline and reported that there are no conflicts with other utilities. He
addressed the depth of the pipeline and reported that the pipe is structurally sound on its own. Be
reported that this is the largest transmission main available to the City and added that the job was
bid paying prevailing wage. Mr. Thomas presented details and results of the bid process and
engineering estimate. He reported that a protest was received on the low bid by a competing bidder,
but staff researched the concern and determined that the low bidder had experience with similar
projects.
Discussion followed regarding lane closures, restricting parking during construction, and
coordinating so they only need to conduct digging once.
Motion by Mayor Pxo Tem Hill, seconded by Council Member Selich to a) approve the
project drawings and specifications; b) award Contract No. 4603 to T. E. Roberts Inc., for the total
bid price of $4,402,750.00, and authorize the Mayor and City Clerk to execute the contract; c)
establish a contingency of $440,275.00 (10 percent) to cover the cost of unforeseen work not included
in the original contract; and d) approve Budget Amendment No. 13BA -028 appropriating
$973,451.00 from the Water Enterprise Capital Improvement Fund (510) to the CDM Transmission
Main CIP Account No. 7511. 06002008.
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January 22, 2013
The motion carried by the fallowing roll call vote
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
17. RESOLUTION NOS. 2013 -7, 2013 -8, 2013 -9 AND 2013 -10: ADOPTING MEMORANDA OF
UNDERSTANDING WITH MISCELLANEOUS BARGAINING UNITS (3) AND THE
UNREPRESENTED KEY & MANAGEMENT COMPENSATION PLAN; AND RESOLUTION
NO. 201,3 -11: MODIFYING THE REPORTING OF THE VALUE OF THE EMPLOYER PAID
MEMBER CONTRIBUTION (EPMC). [381100 -20131
City Manager Kiff reported that this item involves three bargaining units and described each in
detail, including the percentage of employee contribution for pensions and benefits. Mayor Curry
commented positively on the item and noted that pay increases will be capped. He commended the
employees for their sacrifice and willingness to work with the City.
Council Member Henn addressed the take -home impacts to employees. He commended staff and
employees for their efforts in controlling labor expenses.
Council Member Daigle noted that this was accomplished through hard work, persistence, and
negotiations. She pointed out that the City is leading the County in this effort.
Jim Mosher discussed Council compensation as a result of Measure EE, questioned whether Council
can vote on this item since they receive compensation, and believed that the Charter is silent
relative to Council's benefit package.
City Attorney Harp reported that nothing in Measure EE changed the level of compensation
provided to Council and that there is nothing that precludes Council from voting on this matter.
City Manager Kiff expressed his appreciation to Council, the negotiating team, and the bargaining
unit leaders who participated in the process.
Motion by Council Member Henn seconded by Mayor Pro Tern Hill to a) approve
Resolutions adopting Memoranda of Understanding (MOUs) between the City of Newport Beach and
the City Employees Association (Resolution No. 2013.7), between the City of Newport Beach and the
Professional and Technical Employees Association (Resolution No. 2013 -8), and between the City of
Newport Beach and the Employees League (Resolution No. 2013 -9); b) approve Resolution No. 2013-
1.0 adopting the Key & Management Compensation Plan, effective July 1, 2012 through June 30,
2015; and c) adopt Resolution No. 201311 eliminating the reporting the value of the Employer Paid
Member Contribution (EPMC) to the California Public Employees' Retirement System (PERS), as
provided in the Memoranda of Understanding and the Key & Management Compensation Plan.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council
Member Selich, Council Member Hems, Council Member Daigle
I& RESOLUTION NO. 2013 -12: ADOPTING A MEMORANDUM OF UNDERSTANDING WITH
THE LIFEGUARD MANAGEMENT ASSOCIATION. [381100 -20131
City Manager Kiff reported that the Lifeguard Management Association previously agreed to pay
the entire employee portion of their pension. He noted this agreement does not include any pension
adjustments but rather a cost -of- living increase.
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January 22, 2013
Motion by Council Member Henn, seconded by Council Member Petros to approve
Resolution No. 2013 -12 adopting a Memorandum of Understanding with the Lifeguard Management
Association for the period January 1, 2012 through June 30, 2014.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Patios, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn
Noes: Council Member Daigle
19. VOLUNTARY SEPARATION INCENTIVE PROGRAM (VSIP) - SEPARATION FROM CITY
EMPLOYMENT AT OR PRIOR TO RETIREMENT FOR ELIGIBLE EMPLOYEES. [100-
20131
City Manager Kiff introduced the item, noting that the VSIP provides an incentive for employees to
retire early and provides more than what is allowed in a Memorandum of Understanding (MOU) if
someone commits to leaving. Additionally, the VSIP provides time to transition health coverage and
allows the City to further reduce its size without conducting layoffs. He noted that there was an
amendment to the original staff report relative to the commitment date.
Mayor Curry stressed the importance of the matter in helping the City cut costs.
Mayor Pro Tom Hill requested, and was provided with clarification regarding the commitment date.
He commended staff for creating the program.
In response to Council Member Henn's question, City Manager Kiff reported that staff will return to
Council with a budget amendment to execute the program and, if there is not sufficient cost savings
or there is not enough interest, staff can work out another separation agreement in accordance with
the City's severance or layoff procedure.
Council Member Daigle addressed the differences between this and prior programs.
Discussion followed regarding the City's obligation, possible employment opportunities for those who
choose to leave, and possible impacts to the City's PERS rates.
Jim Mosher noted that some retired employees under the previous program were hired back as
contractors to fill their old positions and expressed concern about this happening again. City
Manager Kiff reported that only four people were temporarily rehired as contractors and many
positions were completely eliminated.
Motion by Council Member Henn, seconded by Mayor Pro Tem Hill to adopt a one -time only,
VSIP as a lump sum payment to eligible employees who meet the following prerequisites between
March 15 and June 28, 2013. Payment will be based upon the following eligibility:
1) At least 50 years of age as of the committed separation and /or retirement date; and
2) Three years continuous full -time service with the City of Newport Beach (non- safety /non-
director level position); and
3) Must be actively at work or in a paid leave status to qualify; and
4) Agree to commit to an irrevocable separation or retirement agreement from the City by March
15, 2013; and
5) Employees shall not be eligible for Unemployment Insurance as a result of this incentive nor
layoff /severance provisions; and
6) Employees who wish to participate in the VSIP must attend information sessions regarding the
program prior to separating and /or retiring; and
7) Department Director level and sworn safety employees are not eligible.
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City Council Minutes
January 22, 2013
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 10:19 p.m.
The agenda for the Regular Meeting was posted on January 17, 2013, at 3:45 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
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City Cleric
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Recording Secretary
Mayor
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