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HomeMy WebLinkAbout01 - Minutes AmendedAgenda Item No. 1 February 12, 2013 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, Mayor Pro Tent Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member Gardner's questions regarding Item 4 (Con-cract Amendment for On -Call Landscape Architectural Services), Public Works Director Webb reported that, occasionally, there is a need for rehahilitaiaon of landscaped medians. For example, he indicated that rehabilitation of the Chvta Cove slope and other small projects can be completed quickly without the Request for Proposal process being needed. 2. REVIEW OF THE CITY'S PROPOSED 2014 RGP -54 DREDGING PERMIT AND THE CITY'S DRAFT NEWPORT SPECIFICEELGRASSIPI:ANN Harbor Resources Manager Miller introduced the item and deferred to Ilnrbor Commission Chair Doug West for a presentation. Chairman West provided a PowerPoint presentation regarding the Harbor Commission's recommendations to the City's RGP -54 permitting process thatVacilitates dock maintenance dredging in the harbor. He 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 Mar-ine Fisheries 'Scrvice.; 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 'tanager 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 Volume 61 - Page 22 City of Newport Beach City Council Study Session January 22, 2013 tc-tad. Harbor Resc anew i:•lanvger �diller indicared 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 cxist.ing 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 flan with the RGP process. He further addres =od limits to the areas covered under zhe two plans. He reported that there is no wriapti approval from any agency nt this time. but indicated that the National Marine Fisheries ISery cF) has conceptually accepted the ])Ian. In addition, the U.S. Army Carps of Engineers indicated support of the plan and ineedrigs will be scheduled in the fiuure with various other agencies. Council \•lembe• Daigle stressed the need to gut firm commitments. `'Ir. \• Iiller detailed ccnceuts the Council could explore that would spread out costs over a number of years by phasing the testing of sediment over sevP_r il years. He addressed the pros and cons of the options. He pointed out that the plan would only cover dredging and does not, inchtde the repair of any docks or bulkheads. He presented the possibility of P, tiered 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 with the Harbor Area Manngement IPl.iin and noted that the City surveys 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 btuden for individual mitigation. He also addresaed thy; historical use of RGP and the proposed tunelinc going forward. Mr, Miller reported :neetiiig w;th the U.S. A my Corps of Engineers which provided informal approval of the plan. He also reported on e ;titn ued costs for RGPs, including sediment. sampling and the permit application process, He requested direction from Council relative.- to 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 Momber Selicii s question, Mr. Miller reported that the current RGP relic: on the Souti� ern California helgrass \•iitigat!inn Policy which stated that dredging cannot occur within lb feet of eelgrass. He acknowledged that there is a risk in having an RGP without solving the eel-rase problem. 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. Millcr reported that one is available on the City's wetasite.. 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 Curry's question, '\'ir. l•Iiller reported that the National Marine Fisheries SexviceJtakes the lead 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 \- Ieniber Henn expressed that he would like to see the process move along faster than it has. He believed that not much will be accomplishes with the RGP if the Eelgrass Plan does not move forward. He agreed with the partial funding of $100,000 at this time. Council iblember 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. Council \Member Sehch addressed costs without the Eelgrass Plan and strewed that this is Volume 61 - Page 23 City of Newport Beach City Council Study Session January 22, 2013 a critical component in the process. He expressed concerns with dredging in the basin around .Linda Isle and the Grand Canal, noting that those Press are outside the fi ic1 head' !fne area and dock owners would have to obtain their own dredging permits. \'L•. Miller reported that the plan does not cover the outside lagoon at Linda Isle since eelgrass is not located between the bulkhead and tht pier]trad ,ine' where the docks exist. Regarding the Grand Cnnsl, he indicated that there might be a way to convince the agencies the area could be part of the plan. Lisa \Willa, Shellmaker \4arine, 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 depiiu and yardage, and noted i,hat, there has not been an RGP which allows individuals or commercial clients to take advantage of general dredging opportunities. She addressed the benefits to the Qty due to the new plan and stated that it makes scrap 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 phm and addressed the costs of individual permits. John ![bell discussed the existing, complicated, and costly process and encouraged Council to approve the new plan. Council Member Henn emphasized that his focus is on getting the Eelgrass Plan completed and approved. Brian Ouzotmian expressed support of the Felgrass Plan and stated that tlh= current process is complicated and costly. He believes that there must be a reasonable approach where tm allotment is provided. Mr. Miller indicated that he will prepare Ft formal report to C_ ouncil for its melting on February 12, 2013. SR -55 /NEWPORT BOULEVARD IMPROVEMENT STUDY UPDATE. City Traffic Engineer Brine reported that 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 backgrond and reported working with OCTA staff, Caltrans, 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 Prograan nor is these available funding for potential improvements at this time. He reported that the study is to initiate project development processes for State facilities. He detailed four alternatives which include a baseline for "no build ", a transportation sy-u;m management al ern xive, an elevated lr..ne 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 imnactful alternative for the City in terms of traffic would be the transportation system management alternative. Council Member Pctres commented on the lack of available funding and believed that the Volume 61 - Page 24 CITE' OF NEWPORT BEACH 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 - ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2)): 1 matter Correspondence from Steven Baric 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 residential piers. B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters L Thomas Schoinburg u. City of Newport Beach WCAB Case No. ADJ3877946, Claim No. 01 -35135 2. Friends for Good Planning c. Citr of Newport Beach Orange County Superior Court Case No. 30 -2012- 00550274 3. Janice Coca r.% City of R'eueport Beach Orange County Superior court Case No. 30- 2012- 00542408 C. PUBLIC EMPLOYEE PERFORIDIANCE 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 Volume 61 - Page 28 City of Newport Beach City Council Minutes January 22, 2013 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 Bench Marriott. \In or Curry noted that Restaurant Week concludes on :Tanuary 27 and announced ilia, lie 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. Councill and the Police Department are looking at the issue carefully to ensure the decreased crime trend is not reversed. A4ayor Curry reported he recently spoke at the City's Youth Commission remarking on their positive efforts. \Mayor Curry announced a free event w be held at Concordia University on February 27, 2013, related to reducing Driving Under the Influence (DiI). He stated that he represented the City at the Mayor's Conference in Washington D.C. and reported on key issues discussed. XII. PLiBLIC COMMENTS ON CONSF., \T CALENDAR Jim Mosher noted that there is an amended copy of the minute:, (Item 1) available in the lobby and expressed hope that Council would clarify which version it. will adopt. Flo believed that there may be confusion regarding Item 2 (Reading of Ordinancea) 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 hint for a future raise (Item 8). Regarding Ttflm 4 (On -Call Laudectipe Archuerturai Services), Lnura Curran expressed concern that the staff report does not provide enough information and questioned how the additional money will be spent. X1II. CONSENT CALENDAR A. READING OF ib1INUTFS AND ORDINANCES 1. MINUTES FOR THE JA \VARY 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 Alem.ber Henn recused himself regarding the Property Negotiationsltem under Closed Session (Item i, .A). 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 -20131 a) Accept the Volume 61 - Page 30 City of Newport Beach City Council Minutes January 22, 2013 9. BIKE SAFETY IMPROVEMENT FUND: TERM EXTENSION AND PROJECT AUTHORIZATION. 1100 -20131 a) Extend the community fundraising term for the Bicycle Safety Improvement Fund (BS1F) form December 31,201Z 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 caminunity raised funds and City matching ftmr'.s for the projects listed. as "Planned Project' on the BicycleFacility 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: Ages: Council :. Memher Gardner, Council -Member Petros, Mayor Pro Tom Hill, Maycr Curry, Council -'.ember Selich, Council \!ember Henn, Council Mambcr Daigle In response to, Council Member Gardners 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 €hat item when it is discussed; however, if nothing is pulled off of the Consent Calendar, the public would have an opp, :rumity to comment on Consent Calendar items collectively. XiV. ITEMS REMOVED FROM THE CONSENT CALENDAR - Bone XV. PUBLIC COMMENTS ON NON- AGENDA ITEMS Referencing an October 9, 2012 siaflreprnr.iibt itvtuehitu,+ for uhc Li act' F,li`_tsibn; Laura Curran indicated that the staff report lisimi 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 renuasied this information, but has yet to receive it and indicated that this type of information should be available and accessible in staff ri,por ts. especially for large projects. Mork Tablert, Orange Ceunt.e Clinnter of rite Citizens Climate Lobby, highiight.ed the Chapter's purpose and stated that he. met w:il ii Congressman Dana Rohrabacher who also expressed intrest in the climate change issue. He hoped that the Council will become interested in this issue and in:cia e discussions on the atatter. 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 gilt from Newport Beach resident Bill. Holmes in the amount of S2 'r million. He invited Council Members to attend the 'owevr opening on February 2, 201,3 nt 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. He expressed appreciation to Jo Vandervort and Kathy Harrison for their help in coordinating the event. Volume 61 - Page 32 City of Nev;'port Beach City Council Minutes January 22, 2013 exemptons, 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 Sta`.eCT;ands�Commssion in charg> rent for residential piers. He noted that the City followed the Sir.te•s lead and placed an exemption in the Residential 3'-ej Crde, and explained that the State reversed nq pare. practice when SB 152 was adopted. Council Member Gardner added that she has Ucen receiving einuils regarding potential negative impactor 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 tndica:ted that pa ssing 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 i•oal 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. NIaycr Cunt- agreed that it would be i.mfair to increase i!he rates and not allow residents to have full use of their property. He scsted that, although he recognizes that there may be p(mintnd problems, the possibility does net warrant prohibiting property owners from renting out their residential piers. He added that the mutter will he closely monitored lblayor Piro Tem Hill added that., if problems arise fn be future, the Council has the preropative to make appropriate adjustment,. fie questioned violation enforcement. Cny Manager I:iff reported that there will be enforcement, but that the process has not yet been established and that it may be set on a �ayi_rplkc4nUbasis. Council iMeinber Petro. noted the rate for renting residential piors he rig the small ,nor !at rate was not identified in the guff report. City Manager kiff clarified the rage is identified in the resolutions which were ndoptcd in December 2012. Further, they are included in the ordinance «rich, if adopted, would nllow the rental fee to default to the resolution. Jim \Iosll'er addressed the proposed 5100 appeal fee, r.om r.enrir iJrrnfund ng the appeal fee if the appeal is euccessful. and questioned the reason for rescinding the $100 inspection fce. Bonnie \4cClcUan spoke to opposition of allowing residential piers to be rented. She requested i.hat the City conduct a study 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. Mayne Zippi spoke in 'support of allowing residential pier owners flit, ability to rent but their piers. He believed that problems can be. mitigated and that residents' rights should not tie infringed upon. Motion by Council Member Henn, seconded by Council Member Gardner to a) introduce Ordinance No. 2013 -1 amending various sections in the N'BAIC related to commercial and nom - commercial tidelands dues, 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 subsiriized appeal fee for tidelands permits and leases, The motion carried. by the following roll call vote: Ayes: Council Member Gardner, Council Member Peirce. Mayor Pro Tom Hill, Mayor Volume 61 - Page 34 City of Newport Beach City Council Minutes January 22, 2013 Curry, Council \dumber Henn Noes: Council Member Daigle; 12, RESOLUTION N0.2013 -6: PR} VAILINGWAGES. [100 -20151 City Manager Nifi noted that input was presented during Study Session. He discussed staffs recommendations and explained that the resolution would exempt some locally- funded Public Works luojects; 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 -.vage unless Council directs staff otherwise. Council Member Petros stiggested that the resolution stale that the City may exempt locally- funded Public Works. projecis. City Attorney Harp indicated that this language would then require Council to male: a determination on rvery contract rather than sort a general rule. Council ildenrber Petrns 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 insurence language are standard provisions in all City contracts and staff conduct, thu verifications. Council :lY4ember Henn added that staff qualifies all contractors based on there work history and previous job performances, including their involvement with other jurisdictions. Mayor Curry questioned State requirements regarding public contracts, relai.i,o to the requirement to accept low bidders on projects. City Attorney Harp reported that the City's Charter requires acceptance of th.. lowest, responsible bidder. He noted that each cantrsctor's responsibilities and responsiveness sine also reviewed Regarding qui:stiuns about the,, new City Hall facility, Assistant City Manager Badum conf-u-med all contractors were pre - qualified and the City paid prevailing wage on the project. H„ expinincri that. curtain 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 nrojert or unless Council determines othe:r,vise. City Manager ICiff explained that projects would be brought before Council with recommendations regarding the payment of prevailing wage. He added that, upon adoption of the Capital In;provement Plan (CIP), a notation regarding payment could be includ +d. He noted that the intent of the resolution is to protect, the righ,s of;r_hatrer cities; Find 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 flr..\ibii,ity 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 Volume 61 - Page 35 City of Newport Beach City Council Minutes January 22, 207.3 ineecmity anti :ace: is ntyrfor'local contractors and workers. She stated that, by Choosing a prevailing wtge policy, the , he City will send a strong message to local contactors and workers that their contributions to the City are valued. Robert Rowe, :Fire Sprinkler Advism-y Board of Southern California, requested that Council consider the matter careful :ly and believed that the high quality or the new City Hall facility is A t _hutable 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 e(ficiencv, rather than by cutting waees. He listed the benefit,; of paying prevailing wage and addressed the importance of apprenticeship programs. Cindy MrAlackin, owner of a local mechanical contracting company, stated that the City attract: the best skilled labor avail isle because it is a wonderful cit., She believed that paring prevailing wage allow; 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'4angione nuked that cats ructio:t workers sue part -time workers who do;nd"t get paid vacaticris and typically do not receive holiday or .;ick days. He ad.dunsed tl:e importance of apprenticeship programs which produce qua; ary workers. W'. R. IJiidnie expressed the importance of unions, and encouraged Council to reject the resolution and continue to pay prey. filing wage on City projects. Jim Conway, Statewide Labor Managem(.nt 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 coat 4 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 Lime. He believed that not paying prevailing wage encourages workers to cut couriers, and requemted. that Cetuicil consider this issue carefully and not, approve the resolution. In response to Council Member Gardner's inquiry, City Attorney Harp reported that if no Minn 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 ghat, 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 Hems 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. lie noted his desire to have the flexibility to hire highly qualified people for a good price. Volume 61 - Page 36 City of Newport Beach City Council Minutes . January 22, 2013 Council Member Daigle believer. that City Attorney Harp's recommendation provides the City with an addit.ional level of protection. Mayer Curry stated than the City has paid prevailing wages for all of the City's complex projec•z and prchably 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 work-, projects from prevailing wages. The motion carried by the following roll call vote Ayes: Council Member Gardner, Council Alember Petros, Mayor I7o Tern Bill, 3 €ayor Curry.. Council Member Selich, Council Member Henn, Council Member Daigle 13. BALBOA VILLAGE RESIDENTIAL AND COMMERCIAL PARKING PROGRAAI AND BUDGET A-MEN'DME \T TO TRANSFER FUNDS FROM THE GENERAL FUND RESERVES TO AN EYPENWTURE ACCOUNT, jloe -20731 Community Development. Deputy Director Wisnesici utilized. a PowerPoint presentation to discuss the proposed Iialboa Village Residential and Com;re;cial Parking Program, the Balboa Village Advisory Committee (BVAC), and BVAC's work plan to implen.ent the strategies contained in the Balboa Village Master I'lan. She addressed direction by Council to conduct a survey to gauge resident vupport within the proposed parking district and noted that the area is being impacted by commercial parking in the area. She provided sample questions and dizevased responses, She provided details about the proposed work program, Coastal Commission review, enforcement, field work, continued public outreach, involvement by mooring owners, program component;,, and next steps. In response to Council TALmber Gerdner's question:, Community Development Deputy Director Wisneski reported that the 5:00 p.m, parking permit start time was proposed by the Citizens Advisory Panel ((,AP) She expressed the importance of addressing this issue during the field work, in the event: the start time needed w be modified. Community Development Director Rrandt indicated that number of home: 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 nest e20 per vehicle, Community Development Deputy Director 1Visneski stated that the amount wits proposedi 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 intensify of impacts from beach users and boat excursions. lie highlighted the revitalization efforts for the Village and indicated that Balboa Theater and ExplorOccan 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 aria to aasiat residents to zuccessfully deal with existing and future parkin; i =_sues. He noted that This is th•_ initial proposed program and that it will still undergo further consideration nad n:odifiwtion. He believed that, its a whole, it is a reasonable proposal as a starting point- Volume 61 - Page 37 City of _Newport Beach City Council Minutes January 22, 2013 recommended creating another survey whirl-, would classify resident owners, non - reside_,_ owners, and renters. Council. Member Henn indicated that survey data was classified by type of resident and noted '.hat the results were carefully analyzed and did not ref ect a significant pattern of bias. W.R. 'Ditdine thanked Council for their effort: and requested that they move forward, noting that many residences do not have parking available to them for various reasons. It, response to Councill que. .scions, Community Development Deputy Director Wisneski detailed future steps regarding field work for both residential and commercial parking programs. Mayor Pro Tern Hill inrdicaatd that he would he in favor of the item. but eacotuaged generating more data to further define the program and homing 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 Developmem: Deputy Director Wisneski addressed various methods for community outreach and publicizing the issue.. Motion by Council Member Henn, seconded by Council Member Selich to 'al authorize staff to pursue implementation. of the Overnight R.esidentiai Permit Parking Work Program of the Balboa Village Comrzcrcial'Parl6u:g Prograns, including the retention of appropriate consulting service:.; and bl)approve Budgoi'• Amendment No. 13BA -02 transferring $91,100 from the General Fund Reserves to a Planning Division expenditure account. The motion carried by the lbllc vinu rc ,l call voie: Ayes: Council \'Iember Gardner. Council &[ember Pctros, Mayor Pro Tern Hill, Mayor Curry, Council \ Mmber Selich, Counoil Member Hemp, Council Member Daigle 19. APPOI\TMEINTS TO THE ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE (EQAC) AND TIM IVATER QGALITI7COASTAL TIDELANDS COMMITTEE. (100- 2013J Council Xember Gardner reported that only four applications for EQAC have been received for the seven seat, on the. committee, ad suggested extending the application period an additior_sl two weeks. Motion by Council Member Gardner, seconded by Council Member Selich to a) direct thr City Clerk to re- advertise the Environmental Quality Affairs Committee (EQAC) vacancies; and b) continue the appointments to EQAC until more applications are received. Tho motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry, Council \ Mmber Selich, Council \4ember Henn, Council Member Daigle \•4ith regard to the WnteL Committee appontn ants„ 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 Volume 61 -Page 39 City of Newport Beach City Council Minutes January 22, 2013 FROM CITY- EMPLOYMENT AT OR PRIOR TO RETIREMENT FOR ELIGIBLE EMPLOYEES. [100 -20131 G.ty Manager Ivff introduced the item. noting that the VSIP provides an incentive for employees to retie early and provides more than what is allowed in's .Memorandum of Understanding (MOU) if someone commits to leaving. Additionally, the VSIP provides tine to transition health coverage and allows the City to further reduce its sit: 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 Tent Hill requested, and was provided with clarification regarding the commitment date. He commended staff for creating the program. In reanonse to Council Member Henn's question, City Manager Niff 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 addi essed the difference. between this and prior programs. Discussion foilowed regzuding the City's obligation, possible employment opportunities for those who choose w lmkvo, and possible impacts to the City s PERS rates. Jim \Mosher noted that some retired r- mployeas under the previous program were hired back as contractors to '.'ill their old Positions and expressed concern about :his happening again. City Manager Kiff reported that only four people v.-ere temporarily rehired as contractors and many position, were completely eliminated. Motion by Council Member Henn, seconded by _flavor Pro Tern Hill to adopt a one- time only, VSIP as a lump sam payment to eligible employees who meet the following prerequisites between March 15 and June 28, 2013. Payment will be based upon the viol Iou_in�„et� :� bi_! r ty 1) At least 50 years of age as of the committed separation and/or retirement date; and 2) Three years continuous full -time service whit the City of Newport Beach (non - saf,.ty /non - director level position); and 8) Must be actively at work or in a paid leave status- to qualify; and Aeree to ccmrndr to an irrevocable separation or retiremer. 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 wtend information sessions regarding the program prior to separating and /or retiring; and 7) Department Director level and sworn safety employees are not eligible. 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 Hero, Council. Member Daigle XIX. MOTION FOR RECONSIDERATION - None Volume 61 - Page 43