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Home My WebLink About12/08/2009 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 8, 2009 — 5:00 p.m. I. STUDY SESSION - Cancelled. City Attorney Hunt introduced Assistant City Attorney Leoni Mulvihill. Mayor Selich adjourned the meeting to Closed Session at 5:03 p.m. II. CLOSED SESSIQN - 5:00 p.m. Present: Council Member Henn, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner Excused: Council Member Rosansky, Council Member Daigle A Conference with Legal Counsel - Existin .Liti ation (Government Code S 54R-56.9(a)): One matter: Frank Liger u. City of Newport Beach et. al., Orange County Superior Court Case No. 30-2008-00113002. B. Public Employee Performance Evaluation (Government Code 4 64957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of one public employee(s). Title: City Clerk III. RECESS - 5:02 p.m. IV. RECONVENED AT 5:80 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE - Council Member Henn VIII. INVOCATION - Mayor Pro Tern Curry DL PRESENTATION Newport Beach Sister Cities Association (NBSCA) Presentation of a 25th Anniversary Gift to Mayor Selich and NBSCA President Cherri Penne -Myers from Volume 59 - Page 841 City of Newport Beach City Council Minutes December 8, 2009 Mayor Koichi Shibata, Mayor of Newport Beach's Sister City, Okazaki, Japan - Kent Moore, Newport Beach Sister City Association Vice President, read the letter from Mayor Koichi and presented the gift to Mayor Selich, on behalf of the City. Mayor Pro Tem Curry commented on the inspiring relationship between the Sister Cities. M. NOTICE TO THE PUBLIC MI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS. WHICH COUNCIL MEMBERS WOULD LIKE. PLACED ON A FUTUREAA Q_ ODR ONR REPORT CNON- DISCUSSION ITEM). Mayor Selich discussed the reasons for bringing forward proposed Resolution No. 2009 -92, which would support the City of Costa Mesa's opposition to the sale of the Orange County Fairgrounds. Motion b Council Member Webb, to add Item S19 (Resolution No. 2009 -92, opposing the sale of the Orange County Fairgrounds) to the agenda. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Motion by jQouncil Member Gardner, to adopt Resolution No. 2009 -92, opposing the sale of the Orange County Fairgrounds. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Council Member Webb announced his plan to walk the City again in celebration of his last year as a Council Member. Council Member Henn noted the 101st Annual Boat Parade will take place December 16 -20, there will be fireworks on the Balboa Pier on December 20, and there will be an award ceremony and silent aution on January 22 at the Balboa Bay Club. Mayor Selich discussed the tree- lighting ceremony at the Balboa Bay Club, the AYSO Mayor's Cup tournament, and the Balboa Island tree- lighting ceremony. MII. CONSENT CALENDAR A. READING OF MINUTE&DRDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING AND STUDY SESSION OF NOVEMBER 24, 2009 (100- 2009]. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. B. ORDINANCES FOR Volume 59 - Page 342 City of Newport Beach City Council Minutes December 8, 2009 S. CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL DISTRICTS CODE AMENDMENT 1100 - 20091. Adopt Ordinance No. 2009 -27, .adding Chapter 10.64 to the Newport Beach Municipal Code requiring a permit for construction and maintenance projects in residential districts, and amending Section 10.50.010 of the Newport Beach Municipal Code to include additional definitions, and amending Section 10.50.020 of the Newport Beach Municipal Code to include additional nuisances. Walter Bell requested that the ordinance include a provision to allow owners time to relocate their water craft. Assistant City Manager Wood noted that a reasonable amount of time would be given to residents. 4. WATER UTILITY RATE INCREASE AND ORDINANCE AMENDMENT [100 - 20091. Adopt Ordinance No. 2009 -29, amending Newport Beach Municipal Code Chapter 14.12 (Water Rates and Charges), Section 14.12.020 (Water Rates Established). [Council Member Daigle voted no on this item.] 6. SECOND READING AND ADOPTION OF ORDINANCE 2009 -30, AN AMENDMENT TO TITLE 19, "SUBDIVISIONS, OF THE NEWPORT BEACH MUNICIPAL CODE, CODE AMENDMENT NO. CA2009 -003 (PA2009 -087) 1100 - 20091. Adopt Ordinance No. 2009 -30 as revised and introduced by the City Council on November 24, 2009, amending various sections of Title 19, "Subdivisions ", of the Newport Beach Municipal Code (Attachment CC 1). 6. AMENDMENT TO THE NEWPORT BEACH MUNICIPAL CODE TITLE 9, - FIRE CODE 1100 - 20091. Adopt Ordinance No. 2009.31, amending Title 9, Chapter 9.04, Section 9.04.040, Subsection 511 (Public Radio System Coverage) and Subsection 512 (Building Information) of the Newport Beach Municipal Code. C. RESOLUTIONS FOR ADOPTION NEW BACKGROUND CHECK REQUIREMENTS FOR CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS - Is (EMT -Is) [100- 2009]. Adopt Resolution No. 2009 -89 authorizing the City of Newport Beach Fire Department to access State and Federal level criminal history information for certification purposes. D. CONTRACTS AND AGREEMENTS 9. JANUARY 2010 RESTAURANT WEEK PROFESSIONAL SERVICES AGREEMENT (C4421) [381100- 2009]. a) Waive the requirements of City Council Policy F -14; and b) approve and authorize the Mayor and City Clerk to sign the January 2010 Restaurant Week Professional Services Agreement between the City and California Marketing Concepts. [continued from the 11124109 meeting] 10. PROFESSIONAL SERVICES AGREEMENT WITH LARRY PAUL AND ASSOCIATES TO ASSIST HARBOR RESOURCES WITH INTER - GOVERNMENTAL COLLABORATION, PROJECT Volume 59 - Page 343 City of Newport Beach City Council Minutes December 8, 2009 DEVELOPMENTIIMPLEMENTATION AND NEGOTIATING AN EELGRASS MANAGEMENT PLAN FOR NEWPORT HARBOR WITH THE REGULATING AGENCIES (C -4425) (381100- 2009]. a) Authorize the Mayor to execute a Professional Services Agreement with Larry Paul and Associates to provide consulting services to Harbor Resources and to assist in negotiating an Eelgrass Management Plan; and b) approve Budget Amendment No. 10BA -022 appropriating $24,500 from unappropriated reserves (Tidelands) to #2731 -8080 (Professional and Technical Services). Council Member Daigle noted that information about an eelgrass program will be available soon. 11. BIG CANYON CREEK RESTORATION PROJECT - APPROVAL OF A REIMBURSEMENT AGREEMENT WITH ORANGE COUNTY SANITATION DISTRICT FOR DESIGN AND CONSTRUCTION OF A MAINTENANCE ROAD IN BIG CANYON (C -4426) (381100 - 2009]. Approve an agreement with the Orange County Sanitation District (OCSD) for reimbursement by OCSD for costs associated with design of the Big Canyon Creek Restoration Project and for reimbursement of future costs associated with managing, permitting, gaining CEQA approvals and constructing an OCSD maintenance road as part of a future restoration project in Big Canyon Creek. 12. KINGS ROAD/KiNGS PLACE PAVEMENT RECONSTRUCTION (C- 4095) - COMPLETION AND ACCEPTANCE (381100- 2009]. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. E. MISCELLANEOUS 13. PLANNING COMMISSION AGENDA FOR DECEMBER 3, 2009 [100- 2009]. Receive and file written report. 14. 2010 BOWL CHAMPIONSHIP SERIES NATIONAL CHAMPIONSHIP BANNERS - APPROVAL OF ENCROACHMENT PERMIT N2009 -0317 [100- 2009]. Conditionally approve the request of the Pasadena Tournament of Roses Association for the installation of 178 banners on City streetlight poles from Monday, December 14, 2009, to Monday, January 11, 2010, for the 2010 Bowl Championship Series (BCS) National Championship. Installation will be along Jamboree Road from University Drive to East Coast Highway and MacArthur Boulevard from Campus Drive to Jamboree Road. In response to Council Member Gardner's question, Assistant City Manager Wood clarified that banners would not interfere with Restaurant Week banners. 16. CONTRACT FOR WORKERS COMPENSATION THIRD PARTY ADMINISTRATION (TPA) SERVICES (C -8040) [381100- 2009]. Authorize the Mayor to approve the contract (Attachment A) for Third Party Volume 59 - Page 344 City of Newport Beach City Council Minutes December 8, 2009 Administrator (TPA) services with CorVel Corporation. Motion by Co.Nncil Member Henn, seconded by Council Member Rosansky to approve the Consent Calendar except for the Items removed (8 & 15); and noting Council Member Daigle's no vote on Item 4. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Couneil Member Webb, Council Member Gardner, Council Member Daigle XIV. ITEM.$ REMOVED FROM THE CONSENT CALENDAR 8. ADOPTION OF RESOLUTION 2009 -91, CREATING A CHARTER UPDATE COMMISSION /241100- 20091. Council Member Daigle discussed Section 423 and questioned whether Council should have authority over employee contracts. Council Member Gardner felt that contracts would be a separate issue and that the City Manager should continue to manage employee contracts. Mayor Pro Tem Curry noted that there are currently no limitations on Council's ability to contract public services, and that contracts would not be a Charter issue. He expressed concern that changing the Charter to change how the City Manager hires department directors would be a fundamental change in how the City is run. Mayor Selich supported Mayor Pro Tem Curry's position. City Attorney Hunt noted that the City Manager currently is the authority over employee contracts. In response to Council Member Webb's question, he noted that the wording in Section PI (Appointment of Vacancies) will be revised. Council Member Webb discussed Section M1 in relation to informal versus formal contracts and felt that the Charter should not be changed with regard to employee contracts. Council Member Henn felt that employee contracts do not need to be dealt with in the City Charter, but should be addressed through an ordinance or policy instead. City Manager Kiff noted that department directors currently do not have contracts. Council Member Rosanaky pointed out that Council is responsible for hiring the City Manager, City Attorney, and City Clerk and that Council approves Memorandums of Understanding (MOUs). Motion by Council Member.H- mn,icgQDAtd by_Couneil Member.B9tlgueky to a) confirm the number of individuals to have on the Commission; b) confirm and appoint the Council Member's to the subcommittee to review applications for recommended appointment to the Commission; and c) adopt Resolution No. 2009 -91 creating and instructing the Commission. The motion carried by the following roll call vote: Volume 69 - Page 345 City of Newport Beach City Council Minutes December 8, 2009 Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle 15. EXCESS WORKERS COMPENSATION (WC) INSURANCE EXTENSION [100- 20091. In response to Council Member Henn's questions, Risk Manager Farley discussed the reason for extending the contract for one -year rather than two and noted that premiums may rise in the near future. Council Member Henn suggested asking for a multi -year arrangement when approaching the market next year. Motion._by,Council Member _Rosanskv. to approve the extension of the excess workers compensation coverage for an additional twelve -month period, at the same rate approved at the Council meeting of February 24, 2009. This coverage has a self - insured retention (SIR) of $1 million with statutory coverage limits and premium outlined below. The Workers Compensation Excess Insurance budget for this expense is $450,000, so this would result in budget savings of approximately $125,000 for Fiscal Year 2009/2010. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle XV. PUBLIC COMMENTS - None XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported on the Citizen's Aviation Committee and the RNAV procedure issue. Council Member Gardner reported on the Newport Bay Executive Committee meeting and its focus on Total Maximum Daily Loads (TMDL) programs and selenium levels. Council Member Webb reported on the number of Orange County Sanitation District (OCSD) projects that are or will be underway soon, some of which will cause traffic delays and congestion. Mayor Selich reported on the progress of the General Plan/Local Coastal Program Implementation Committee relative to the Zoning Code update and that a final draft will be submitted to the committee by January 2010. XVII. PUBLIC HEARING 17. COST RECOVERY ORDINANCE (CHAPTER 3.36), FEE RESOLUTION AND MASTER FEE SCHEDULE 1100 - 20091. [continued from the 11124109 meeting] Revenue Manager Everroad provided a staff report and discussed cost studies, phased fees, proposed fee increases, subsidized fees, and the new building valuation tables. In response to Council Member Henn's question, he clarified how building valuations are used to calculate fees. Mayor Selich opened the public hearing. Hearing no testimony, he closed the public Volume 59 - Page 346 City of Newport Beach City Council Minutes December 8, 2009 0M hearing. Motion.bv Council Member Webb,, to a) introduce Cost Recovery Ordinance No. 2009 -32 amending Exhibit A to Chapter 3.36 of the Newport Beach Municipal Code, and pass to second reading on January 12, 2010; and b) adopt Resolution No. 2009- 86, updating the Master Fee Schedule. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle S18. RESOLUTION NO. 2009 -90: EARLY RETIREMENT INCENTIVE PROGRAM AUTHORIZATION AND ORGANIZATIONAL RESTRUCTURING [100 - 2009). City Manager Kiff utilized a PowerPoint presentation to discuss the three proposed restructuring phases, the Early Retirement Incentive Program (ERIP), monetary savings, "bumping" rights, ERIP versus layoffs, reduction in positions, salaries and benefits through ERIP, impacts of ERIP, and the six employees to return on a temporary part-time basis to conduct succession training. He also thanked the staff members that assisted with ERIP. In response to Council questions, he discussed how City services will not be affected by position vacancies, the budget impact of temporarily hiring part-time employees, the approximate cost and benefits of the program, the difference between PARS and PERS ERIP programs, and how the Public Information Officer (PIO) position will be filled. Council Member Daigle noted the discounted 5% PARS rate, noted the decreased volume of building permits which could possibly allow for eliminating vacant positions in the Building Department, and discussed the benefits of bringing staff - related budget amendments before Council. Council Member Henn commended City Manager Kiff for his efforts on the ERIP, noted the importance of continuing to improve the management of the City, noted the significance and uniqueness of the ERIP, and expressed support for the program and the change in paradigm it represents. He also requested that the Administrative Services Director present a report each year in conjunction with the annual budget process that compares actual savings for the ERIP to the originally projected savings. He suggested designating a specific plan for controlling step increases and limiting the use of part -time hours, and requested that the Administrative Services Director provide an annual report regarding projected versus actual costs and savings. He also expressed support for eliminating the "held vacant" positions in the Building Department. Mayor Pro Tem Curry noted the challenge it will be to work in the absence of so many talented and important people and expressed support for the transition strategy. Council Member Gardner expressed support for the ERIP program and suggested utilizing interns from local film schools to assist with public information duties. Mayor Selich expressed support for the ERIP and noted the hard work of staff Volume 59 - Page 847 City of Newport Beach City Council Minutes December 8, 2009 and the compassionate approach of the program. Motion_-b.y, Mayo_.r Pro Tem Curry, to approve Resolution 2009 -90: Early Retirement Incentive Program Authorization and Organizational Restructuring. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle Mayor Selich recessed the meeting at 6:51 p.m. and reconvened the meeting at 7:00 p.m. with all members of Council in attendance. x CITY COUNCIL REORGANIZATION A. ELECTION OF MAYOR. City Clerk Brown, in presiding, placed all members of the Council on an equal basis to nominate and elect. Council Member Gardner nominated Mayor Pro Tem Curry for Mayor. Motion by Council Member Webb, to close nominations and vote for Mayor. The motion carried by the following roll call vote: Ayes: Council Member Henn; Council Member Rosansky, Council Member Curry, Council Member Selich, Council Member Webb, Council Member Gardner, Council Member Daigle B. ELECTION OF MAYOR PRO TEM. Mayor Curry, in presiding, placed all members of the Council on an equal basis to nominate and elect. Council Member Gardner nominated Council Member Henn for Mayor Pro Tem. Motion by Council Member Webb, to close nominations and vote for Mayor Pro Tem. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Council Member Selicb, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle C. SEATING ARRANGEMENTS FOR CITY COUNCIL. The Council Members decided on the seating arrangement for the Council dais, with the senior Council Members having first preference. The following seating order was determined (left to right): Selich - Rosansky - Henn - Curry - Webb - Gardner - Daigle Volume 59 - Page 848 City of Newport Beach City Council Minutes December 8, 2009 D. REMARKS. Presentation of Gavel Plaque to Outgoing Mayor - Mayor Curry presented the gavel plaque to outgoing Mayor Selich. Outgoing Mayor's Remarks - Outgoing Mayor Selich stated that being the Mayor was a great honor, discussed major City accomplishments and projects that occurred while he was Mayor, and thanked family members and staff for their support. New Mayor's Remarks - Mayor Curry thanked Council for their confidence and thanked family and friends for their support. He discussed goals and upcoming projects for 2010, such as equitably sharing the cost of employee pensions with employee groups while continuing to preserve the high quality of services in the City, commencing the Civic Center project, and ensuring fiscal sustainability. XVIII. MOTION FOR RECONSIDERATION - None XDf. ADJOURNMENT - 7:20 p.m. The agenda for the Regular Meeting was posted on December 4, 2009 at 3:45 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. %ILAaL % Recording Secretary Mayor Volume 59 - Page 349