HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
February 12, 2013
CITY OF NEWPORT BEAC H
City Council Minutes
City Council Study Session
January 22, 2013 -- 3:30 p.m.
I. ROLL CALL - 3:30 p.m.
Present: Council Member Gardner, Council Member Petros, Mp o?' Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council''IVlember Daigle
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
In response to Council Member Gardner's questions regarding Item 4 (Contract Amendment .
for On -Call Landscape Architectural Services),"•`Public Works Director Webb reported that,
occasionally, there is a need for rehabilitation ofz,dandscaped medians." For example, he
indicated that rehabilitation of the China Cove slope and other small projects can be
completed quickly without the Requestior Proposal process -,being needed.
2. REVIEW OF THE CITY'S PROPOSED 2014 RGP-54 DREDGING PERMIT AND THE
CITY'S DRAFT NEWPORT SPECIFIC EELGR °ASS' %•
Harbor Resources Manager Miller introduced the item and deferred to Harbor Commission
Chair Doug West for a presentation.
Chairman West providedj'a PowerPoint presentation regarding the Harbor Commission's
recommendations to the�Crty'sRGP -_54 permitting process that regulates dock maintenance
dredging in the harbor. H "e emphasized the importance of the adoption of a Newport - specific
amendment to the Southern California Eelgrass Mitigation Policy and the Eelgrass Protection
and Mitigation Plan for.Lower Newport Bay. He noted that the process is awaiting approval
by -the National Marine Fisheries;Services, the California Coastal Commission, and various
other agencies. He presented photographs of existing conditions in the harbor and addressed
objectives;, obstacles, the`'current situation, the deadline for a new'Regional General Permit
(RGP) framework, and approval by the Harbor Commission,
Harbor Resources_ Manager Miller explained the RGP process. He addressed the three
different permits needed, the complexity of the current process, and provided a brief history of
the permit. He also addressed key provisions of the current RGP, the existing interim
provision, the application process, and agency reviews. He noted that staff intends to
streamline the process considerably, explained the necessary steps, and noted that the U.S.
Army Corps of Engineers has supported the proposed concept. He presented details of the
proposed plan for 2014, including continuing work with the Harbor Commission, the Harbor
Commission Dredging Subcommittee, public input, and options for the next permit
considered.
Regarding costs related to the City conducting sediment testing and the sediment to be tested,
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Harbor Resources Manager Miller indicated that the focus would be on areas in the harbor which
are under private piers, using representative core samples. He highlighted the terms of the
existing RGP and the proposed terms.
In response to Council Member Daigle's questions, Mr. Miller reported that it is their intent to
link the Eelgrass Plan with the RGP process. He further addressed limits to the areas covered
under the two plans. He reported that there is no written approval from any agency at this time,
but indicated that the National Marine Fisheries Services has conceptually accepted the plan. In
addition, the U.S. Army Corps of Engineers indicated support of the .plan and meetings will be
scheduled in the future with various other agencies. Council Member- --Daigle stressed the need to
get firm commitments. '
Mr. Miller detailed concepts the Council could explore that would spread out costs over a number
of years by phasing the testing of sediment over several yeai-5. He -addressed the pros and cons of
the options. He pointed out that the plan would only cover dredging and does not include the
repair of any docks or bulkheads. He presented the possibility of a tieied schedule for approving
applications to streamline the process and information regarding the applicable fees. Regarding
eelgrass, he reported on how the City is protecting eelgrass consistent wftlrr.,the Harbor Area
Management Plan and noted that the City survey=s eelgrass about every, two years. He
addressed public outreach and education, and, reported that the Newport - specific plan will
supersede the Southern California Eelgrass Mitigation Plan. He detailed the goals of the plan,
including eelgrass management, thresholds, and reducing the burden for individual mitigation.
He also addressed the historical use ofRGP and the proposed timeline going forward. Mr. Miller
reported meeting with the U.S. Army Gbrps _ uf- Engineers which provided informal approval of the
plan. He also reported on estimated costs for RGPs, including' sediment sampling and the permit
application process. He requested direction from Cdu ieil.relativeito funding the project through
a budget amendment process and stated that there may be,a need for consultant help regarding
the Eelgrass Plan.
In reply to Council - Member Selich's question; Mr. Miller reported that the current RGP relies on
the Southern California Eelgrass Mitigation, Policy which stated that dredging cannot occur
within 15 feet of eelgr'ass. FHe_ acknowledged that there is a risk in having an RGP without
solving 'the eelgrass problebi.
Mayor'Pro Tem Hill addressed, the timeline and the options available for funding the project.
Regarding having a map_ depicting the location of eelgrass, Mr. Miller reported that one is
available on the City's website. He ;added that there are no established mitigation banks in the
harbor and stated that the'goal of the plan is not to create eelgrass mitigation banks. He further
discussed the possibility of seeding eelgrass.
In response to Mayor Cury's question, Mr. Miller reported that the National Marine Fisheries
Services takes the`1ead,in eelgrass issues in California. Mayor Curry suggested going forward
with the partial funding of $100,000 and then determine what will be viable going forward with
the benefit of using some governmental consultants.
Council Member Henn expressed that he would like to see the process move along faster than it
has. He believed that not much will be accomplished with the RGP if the Eelgrass Plan does not
move forward. He agreed with the partial funding of $100,000 at this time.
Council Member Daigle agreed with Mayor Curry's comments and noted that there is a resource
in Washington,D.C. and discussed the possibility of obtaining their support.
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Council Member Selich addressed costs without the Eelgrass Plan and stressed that this is a
critical component in the process. He expressed concerns with dredging in the basin around
Linda Isle and the Grand Canal, noting that those areas are outside the pier headline area and
dock owners would have to obtain their own dredging permits. Mr. Miller reported that the plan
does not cover the outside lagoon at Linda Isle since eelgrass is not located between the bulkhead
and the pier headline where the docks exist. Regarding the Grand Canal, he indicated that there
might be a way to convince the agencies the area could be part of the plan.
Lisa Miller, Shellmaker Marine, indicated that she does marine construction in the area, as well
as regulatory work, and stated that she was part of the task force which developed the new RGP.
She believed that this is a good plan, addressed the eelgrass depth and yardage, and noted that
there has not been an RGP which allows individuals or commercial clients to take advantage of
general dredging opportunities. She addressed the benefits,6- ihe,City due to the new plan and
stated that it makes sense to tie the eelgrass plan to the RGP since'the Eelgrass Plan would have
wider applications for existing dock tenants. She urged "Council to consider the new plan and
addressed the costs of individual permits.
John Abell discussed the existing, complicated, and costly process and encouraged Council to
approve themew plan.
Council Member Henn emphasized that his focus is,'on getting the Eelgrass Plan completed and
approved.
Brian Ouzounian expressed support of the Eelgrass Plan and stated that the current process is
complicated and costly. He believes 'that there: .must be'--a reasonable approach where an
allotment is provided.
Mr.' Miller indicated that. he will prepare .a formal report to Council for its meeting on
February 12, 2013.
3. SR- 551NEWPORT'BOULEVARD IMPROVEMENT STUDY UPDATE.
i
City Traffic "' Endineer Brine reported -tl st Orange County Transportation Authority (OCTA)
representatives are _in attendance to provide an update on the SR -55 /Newport Boulevard
Improvement Study. 'He provided a brief background and reported working witYOCTp star£
Caitrans, and the City of,Costa Mesa, to compile and review the study.
,
Joe Alcock, OCTA Senior Transportation Analyst, reported that the completion of the study is
currently - underway and provided an overview of key findings. He provided a brief background
and the goal`of the effort. He noted that this is not included in the Measure M2 Freeway
Program nor is there available funding for potential improvements at this time. He reported that
the study is to ihjtiate� project development processes for State facilities. He detailed four
alternatives which "iiiclude a baseline for "no build ", a transportation system management
alternative, an elevated lane at Superior Avenue alternative, and a cut - and -cover tunnel concept.
He addressed the public involvement program, general observations from the public outreach
efforts, and next steps.
In response to Council Member Gardner's question, Mr. Alcock reported that the least impactful
alternative for the City in terms of traffic would be the transportation system management
alternative.
Council Member Petros commented on the lack of available funding and believed that the best
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alternative for Newport Beach would be to facilitate traffic into the City with the least amount of
congestion. He stated that the transportation system management alternative would be his
preferred choice. Mr. Alcock clarified that any decision would occur later in the environmental
document phase. Mr. Alcock also reported that the agency is currently working with Caltrans to
execute a cooperative agreement for OCTA to provide oversight and obtain final approval of the
document.
Council Member Henn commented on input received from the Central Newport Homeowners
Association that anything which could be done to improve eastbound._and westbound access on
Coast Highway and de- emphasize the natural tendency of traffic congesting the Peninsula would
be preferred. Mr. Alcock noted that this study did not consider those factors; however, a study
will be initiated with the City and other coastal cities to look af`potential improvements along
Coast Highway.
Jim Mosher addressed the City Charter's provisions ' iegarding freeways and believed that
entering into an agreement related to the construction of freeways within City limits or the
modification of City streets to connect with freewtiys would need voter' approval. He believed
that the provision was ignored with the construction of the'73- Freeway.
't
City Manager Kiff expressed his appreciation to OCTA representatives for theist presentation;
He noted that Council recently identified the corrid'onstudy as a priority item and invited OCTA
representatives to help the City participate in the same.
4. DISCUSSION REGARDING THE APPLICABILITY ORPREVAILING WAGE TO CITY
PROJECTS.
City Manager Kiff reporied that a prevailing wage item is -also on the Regular Meeting Agenda
and it is being considered at this time because a number of interested parties requested to
provide Council with information.
Jim Adams, Los Angeles /Orange County Building and Construction .Trade Council, provided a
video about the benefits of the Prevailing WagetLaw.
Cindy McMackin,' owner of a local mechanical contracting company, provided information
regarding her company,, ,as well 'a their community involvement. She believed that it is in the
City's best interest to require prevailing wage on all City projects. She relayed the importance of
prevailing wage and problems experienced if prevailing wage is not paid.
Mark Fowler, Executive Vice President of Western Wall and Southern Contracting Association,
spoke in support of payingprevailing wage and provided information regarding his background.
He discussed potential problems with construction defects• and litigation relative to not paying
prevailing wage. HP ence uraged the City to continue its prevailing wage program.
Robert Rowe, Fire Sprinkler Advisory Board of Southern California, spoke in support of
prevailing wage and discussed the delays and substandard work resulting from not paying
prevailing wage to contractors. He spoke in opposition to the City's resolution authorizing an
exemption from paying prevailing wage and believed that lower wages would result in added
costs to the City in the long run.
Travis Winsor, Chief Executive Officer of the Wayland Group, presented information on his
company and spoke in support of the prevailing wage provisions. He addressed problems with
safety, quality of work, and worker retention as a result of not paying prevailing wage, as well as
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increased costs and decreased productivity. He encouraged Council to protect prevailing wage.
Doug Mangione, read a letter into the record from Derrick Spalding, Director of Business
Development with the National Electric Contractors Association, which expressed support of
prevailing wage and requested the City continue to require prevailing wage on all City projects.
He addressed the need for a highly skilled workforce.
Jim Mosher expressed concern with Charter Cities ignoring State laws without publicly adopting
alternative local laws to fill the vacuum not filled by State law. He suggested that staff provide
information related to the extent in which the City has not paid prevailing wage on City
projects.
Greg McClelland, Western Steel Council, spoke in opposition..to the proposed resolution and in
support of prevailing wage. He noted that he chooses to pay prevailing wage, listed the positive
benefits, and discussed problems resulting from not paying prevailing �yage.
Samantha Draper, Research Analyst with Smart Cities Prevail, presentedinformation regarding
her organization and believed that prevailing, "wage .provides the best value for the City's
taxpayers. She stated that research shows tliat prevailing wage does not increase construction
costs, but can actually lower costs. She addressed the benefits of prevailing wage�and noted that
labor costs only account for 22% of construction costs' and believed that not following a prevailing
wage policy is not worth the risk. ,
Dave Lawhorn, Training Director for the Orange County ,Electrical Apprenticeship Program,
provided information on the value of his program and spoke in support of prevailing wage.
I
In response to Council Member Daigle's inquiry, staff coafroed that the new Civic Center was
built using the prevailing Wage policy. City Manager Iciff clarified that the proposed resolution
states the City's intention to continue to choose whether or not to pay prevailing wage. He
pointed out the broad definition of "Public Works Projects" and the benefits of allowing Council
the option to choose whether to pay prevailing wage or not.
Council Memb ex- Gardner believed that -the it being presented is very narrow and does not
provide Council' with a choice. City Atto rnev.Harp reported that the use of prevailing wage is
currently determined by, the City Council pursuant to an existing resolution. He noted that the
proposed resolution before the City. Council tonight states that prevailing wage would not apply
unless, Council determines otherwise. He added that Council has the option to modify the
language.of the proposed resolution if it so chooses.
III. PUBLIC COMMENTS ON NON- AGENDA ITEMS AND CLOSED SESSION
Bonnie McClellan commented on the dock tax and spoke in opposition to renting private docks. She
expressed concerns with the possibility of increased pollution in the bay, trash, parking, noise, the need
for extra staff to clean or maintain boats on rented docks, increases in petty crime, and impacts to
privacy.
Regarding Closed Session Item II.0 (City Clerk Performance Evaluation), Jim Mosher commented
positively about the City Clerk's Office, but suggested including the City seal on legal notice
publications. He also suggested that every published notice be placed on the City's website. He
addressed the maintenance of written records by the City Clerk's Office and believed that the transition
from the old document imaging system to the new system has taken too long.
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City Council Study Session
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IV. ADJOURNMENT - 5:34 p.m.
The agenda for the Study Session 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 Council Minutes
Regular Meeting
January 22, 2013 -- 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
II; CLOSED SESSION - 5:34 p.m.
A. CONFERENCE WITH LEGAL COUNSEL= , -
(Government Code § 54956.9(d)(2)): 1 matter
Agenda Item No. 1-
February 12, 2013
"i
ANTICIPATED LITIGATION
Correspondence from Steven Bario:_.dated January 10, 2013, regarding the City
Council's December 11, 2012 decision 'to, adopt resolutions approving a, model permit
template and setting fair market value for rq''sidential piers.
.l
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government
Code § 54956.9(d)(1)): 3 matters
Thomas Schomburg a. 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'Coia u. City of Newport Beach- c
Orange County Superior court Case No. 30- 2012 - 00542408 -
C. PUBLIC EM'PLOYEE,SPERFORMANCE 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 Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT
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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 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. INVOCATION - Mr. Frank Carpenter
r?C. 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'£ll'!iayor 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 comme.nted'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'lwas initiated'2 i 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.
0
XI.
Council Member Gardner` -noted that they..l ave beautified the City of Newport Beach with
sculptures and trees, and expressed her appreciation.
Recycling Presentation fcom,Vanis Buckholz
Vanis Buckholz, a fourth, grader at Harbor -View Elementary School, provided a presentation
of hew 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.
NOTICE TO THE PUBLIC (;
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 Nixl.e 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.
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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 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 achiei,ed 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.
XIII. CONSENT CALENDAR '
A. READING OF MINUTES AND ORDINANCES
1. MINUTES FOR THE JANUARY 8, 2013 REGULAR MEETING AND JANUARY
-12, 2013 SPECIAL [100 -2013] 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, LA).
2. 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
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January 22, 2013
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). 1381100 -20131 a) Approve Amendment No. 1 to the April 29,
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 Clerk to execute
the Amendment; and b) approve Amendment No., -,I to the April 11, 2011, On -Call
Professional Services Agreement with the David A. Peders6n -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,Clerk to execute the
Amendment.
5. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
VALLEY SOIL, INC., FOR THE NEWPORT COAST ASBS RUNOFF
REDUCTION PROGRAM (C- 4908). [381100 -2013] a) Approve Amendment No. 1 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,- Enteiprise Fund (500) to the Water
conservation Equipment Account No, 5500- 9040.
C. MISCELLANEOUS
6. PLANNING COMMISSION AGENDA JANUARY 17, 2013. 1100 -20131 Receive and
file, -
7. BUDGET AMENDMENT TO TRANSFER FUNDS FROM THE RECORDS
MANAGEMENT- BUILDING DEPOSIT ACCOUNT TO AN EXPENDITURE
ACCOUNT. [100720131 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
AUTHORIZATION. [100 -20131 a) Extend the community fundraising term for the
Bicycle Safety Improvement Fund (BSIF) form December 31, 2012 to March 31, 2013,
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January 22, 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 Tern 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 Tem 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 p'u'lls an item the public would have an
opportunity to comment on that item when it is discuss edhowever, 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, Laura, Curran indicated that the staff report listed
items to be purchased and noted that many of the itemsawre 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, et to receive.,it and indicated that this type of
the information should be available and accessible iri staff reports, especially for large projects.
Mark Tabbert, Orange County Chapter of the Citizens' Climate Lobby, highlighted the Chapter's
purpose and stated that be, 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' informationixegarding 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,gnd acknowledged a gift from Newport Beach resident Bill Holmes in
the amount�of $27 million. He:3nvited Council Members to attend the Hoag Hospital Tower opening
on February'2; 2013 at noon, a'nd 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�islsol'd out. He 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
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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.
XVII. PUBLIC HEARING
10. WOODY'S WHARF USE PERMIT APPEAL - 2318 NEWPORT BOULEVARD - USE
PERMIT NO. 2010 -010 (PA2011 -055). [100 -2013[
Mayor Pro Tern Hill recused himself from this item since he owns property within
500 -feet of the subject location, and left the dais. _�
Mayor 6'urry 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.
Motion by Council Member Henn,; seconded, by- .Council ^Member Selich to continue
the matter to the City Council meeting of March, 1-2-,2013.,,
The motion carried by the following roll call -vdte:
Ayes: Council Member Gartner, Council Member Pet'ros, Mayor Pro Tern Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
XVIII. CURRENTrBUSINESS
11. AMENDMENT TO NEWPORT BEACH MUNICIPAL CODE (NBMC), MASTER FEE
RESOLUTION RELATED TO COMMERCIAL AND NON - COMMERCIAL TIDELANDS
USES „AND NON - COMMERCIAL IMPLEMENTATION. [100 -2013]
Council 'Member Selich recused himself from this item because he owns a
residential pier, and left the dais.
City Manager Kiffr 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 Land's Commission to charge rent for residential piers. He noted that the City
followed the State's lead and placed an exemption in the Residential Code, and explained that
the State reversed itsprior practice when SB 152 was adopted.
Council Member Gardner added that she has been receiving emails regarding potential
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January 22, 2013
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. He 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 compliance ' basis. ,
Council Member Petros noted the rate for renting residential piers for the small marinas was
not identified in the staff report. City Manager $iff clarified the rate is identif ed 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, suggested 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 studys',relative to solutions for potential rental problems
such as pollution, trash, parking, noise, increased crime, and privacy.
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. .46 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. 2013 -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 Tern Hill, Mayor Curry,
Council Member Henn
Noes: Council Member Daigle
12. RESOLUTION NO. 2013 -6: PREVAILING WAGES. [100 -2013)
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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 would 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, Member 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' 'r'elative 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 reviewe&, -
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'4hat the City will not pay prevailing wage unless
there it is a State project or unless Council determines otherwise.
City Manag6i 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 Improvement PlaW.`(CIP), a notation regarding payment could be included. He
nofe.d 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 Iember 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 reflect insecurity and
uncertainty to 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
attributed to using prevailing wage.
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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 Mangione noted that construction workers are' part -time workers who do 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 Ao 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`eliinination 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 adde& 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 to 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 finding to not pay prevailing wage on specific projects. He added that, according to
the defrnitiou,. -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
optiin 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 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.
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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 Tern 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 ar'! ' . She provided
sample questions and discussed responsesl'She provided details about thepioposed work
program, Coastal Commission review, enforcemerit, 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 4I00_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 a number of homes'in the area that do not have garages will be
included in the field work.
Council Member Petros expressed concern'tlat 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 ExplorOceah 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 assis. residents to successfully deal with existing and future parking issues. He noted
that this is tine 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
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timeline, including 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 Tem 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 4o 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 sW-i 6y is inaccurate.
Dan Wesley thanked staff for allowing himself and other mooring oii'ners to be involved in the
process. He stated that mooring owners should he; 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. He conciued with Mayor Pro Tern Hill'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 o�position toimplementing 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 863 residences)`in the designated area. He clarified the reason
for choosing'a 4:60 p.m. permit start dine' and stated that it will probably need adjusting
when` -it is presente&,to the'Goastal 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
pubte 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, 2013 at
4:00 p.m. at`the ExplorOcean Nautical Museum.
An unidentified;'@peaker 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.
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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 Tern 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 many residents are not fully informed about the program. Community Development
Deputy Director Wisneski addressed various methods for community outreach and publicizing
the issue.
Motion by Council Member Henn, seconded by Council Member Selich to a) review
Residential Parking Permit Parking Survey results; b) review and authorize staff to pursue
implementation of the Overnight Residential Permit Parking�Work Program; c) review and
authorize staff to pursue implementation of the Balboa Village'Commercial Parking Program,
including the retention of appropriate consulting services; and d)''approve Budget Amendment
No. 13BA -027 transferring $91,100 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 Tern 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. []00-
20131
Council Member Gardner reported that only fouj applications`'for EQAC have
for the seven seats on the, committee, and suggested extending the applica
additional two weeks.
` — v Council Member Selich to a) direct
I Quality Affairs Committee (EQAC)
until more applications are received.
been received
ion period an
the City Clerk to';re- ad,�ertise the Environn
vacancies; and b) continue the appointments to E
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
City Clerk 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:
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Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
City Clerk Brown provided paper ballots and announced the following votes:
Dennis Balser - 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, Henn, Daigle, and 'Mayor Curry
Douglas Wood - Daigle
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
Quality /Coastal Tidelands Management Committee.
15. PURCHASE OF RESCUE AMBULANCES AND ANCILLARY EQUIPMENT. [100 -20131
Jim Mosher referenced the staff report; questioned the increased cost, and asked if the
disbursement 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't'he three reserve ambulances and three front-
line ambulances. He'not4that 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'bv Council.Mernber Selich, seconded by Mayor Pro Tern Hill to a) approve the
purchase of three ambulances „from Leader Industries, Inc. of South El Monte and ancillary
medical equipment fori q total cost of $827,207.64; b) approve a purchase agreement with
Haicore Group, Inc., dba Leader, Industries for said purchase; and c) approve Budget
Amendment No. 13BA -0.30 in the amount of $649,207.64 to provide additional finding for the
purchase.
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
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
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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. He 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 Pro Tern Hill, seconded by Council Member Selich to a) approve the
project drawings and specifications; b) award Contract Ne' 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 coJer 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- C6002008.
The motion carried by the following roll call vote'
Ayes: Council Member Gardner, Copncil Member Petos, Mayor Pro Tern Hill, Mayor Curry,
Council Member Selich, Council; Member Henn, Council Member Daigle
;D
17. RESOLUTION NOS. 2013 -7, 2013 -8 ,2013 -9' ' AN 2013-10:.'
ADOPTING MEMORANDA
OF UNDERSTANDING WITH MISCELLANEOUS BARGAI=NING UNITS (3) AND THE
UNREPRESENTED KEY & MANAGEMENT COMPENSATION PLAN; AND
RESOLUTION NO.,- ,N13 =11: MODIFI'ING "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 com"mented_positi6ly on the item' anid noted that pay increases will be capped. He
commended the em''ployeeifor their sacrifice and willingness to work with the City.
Council Member Henn addressedl'the take -home impacts to employees. He commended staff
and'einployees for their efforts in controlling labor expenses.
Council Member Daigle noted that this was accomplished through hard work, persistence, and
negotiations., '054e 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
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bargaining unit leaders who participated in the process.
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.
Motion by Council Member Henn, seconded by Uouncil Klember Metros 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 Ntros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn
Noes: Council Member Daigle
19. VOLUNTARY SEPARATION INCENTIVE! (VSIP) - SEPARATION FROM
CITY EMPLOYMENT AT OR PRIOR TO RETIREMENT FOR ELIGIBLE
EMPLOYEES. [100 -20131
City Manager Kiff introduced the itehi. 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 td- 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 stregsed the importance of tlie' matter in helping the City cut costs.
,.y
Mayor Piro Tem Hill requested, and was provided with clarification regarding the commitment
date. He commended staff for creatingthe,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 tcUbave, 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, two -tier VSIP as a lump sum payment to eligible employees who meet the following
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January 22, 2013
prerequisites between March 15 and June 28, 2013. Payment will be based upon the date they
agree to separate:
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 ai.e.not eligible.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Fetros, Mayor Pro Tem.Hill,
Council Member Selich, Council Member Henn, Council Member Daigle,
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT - 10:19 p.m.
Mayor Curry,
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.
City Clerk
Recording Secretary
Mayor
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