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Home My WebLink About01 - 12-02-2009 and 12-08-2009 MinutesAgenda Report # 1 Janury 12, 2010 CITY OF NEWPORT BEACH City Council Minutes Adjourned Regular Meeting December 2, 2009 — 6:00 p.m. I. CONVENE IN OP 1 SIGN - 5:30 p.m. y II. �LOSE�? "SESSION - Cancelled -. [II. ROLL CALL Present: Council Member Henn, Council, embpw Rosansky, r Selich, Council Member Gardner, Council Member Daigle Excused: Mayor Pro Tern Curry, Council:Iviem Webb /' rv• Lim I�EABIL�G. N. 1. APPEAL OF H G OFFICE DENIAL OF USE PERMITS AND REASONABLE ACC TIONS - LLOWSTONE WOMEN'S FIRST STEP HOUSE, INC. - 1561 IN'fIUS 08 -034) 2009 -004) (PA 2008 -105); 1621 INDUS (UP 2008 -035) (RA 2009-005) (PA 06); 1 PEGASUS (UP 2008-036) (RA 2009- 006) (PA 2008 -107); AND',0172 P 2008-037) (RA 2009-007) (PA 2008- 108). [Cued from the P and 1 9 Council meetings) [681100 -20091 City Attorney unt announ that the appellant requested a continuance due to illness and other pro ems with respe to trial schedules. He asked Council for direction relative to reach meeting to a to in January 2010. _ u n k to continue the item to an adjourned special meeti Jan%V 11, 2010 at 6:00 p.m. The motio rigid the following roll call vote: Ayes: Co cil Member Henn, Council Member Rosansky, Mayor Selich, Council Member Gar ner, Council Member Daigle sent: Ma r Pro Tern Curry, Council Member Webb V. PUBLIC C S - None VJiA;- a14111:t01 �•}►f11�'� The agenda for the Adjourned Regular Meeting was posted on November 25, 2009, at 8:10 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 69 - Page 839 City of Newport Reach City Council Minutes December 2, 2009 Recording Secretary Mayor 11 U1, M� spa City Clerk Volume 59 - Page 840 Agenda Item No. 1 January 12, 2010 CITY 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 Mayor Selich adjourned the meeting to Close II. CLOSED SESSION - 5:00 p.m. Present: Council Member Henn, orP Webb, Council Member G . er Excused: Council Member Rosansky, il A. Conference with I,e al Counse 54966.9 AW One m Frank Liger u. Cit�f E Case No. 30- 2008 - 00111002. a A RECESS- V. Attorn oni Mulvihill. Closed Sion %Mayo* Pro . em C Member Daigle Council Member al., Orange County Superior Court City Oouncil will et in closed session to consider the appointment, >ymenj, evaluation o& performance, discipline, or dismissal of one public Pres Coun ' Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor elicly Council Member Webb, Council Member Gardner, Council Member Daigle VI. CLOSED SION 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 339 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. Xl. NO. TICE TO THE PUBLIC XII. . TY.,COUNCIL ANNOUNCEMENTS OR. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE. AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM) Mayor Selich discussed the reasons for bringing which would support the City of Costa Mesa's c Fairgrounds. Motion_by Council Member Webb, to ad S19 sale of the Orange County Fairgrounds) to a agenda. The motion carried by the following Ayes: Council Member Henn, Cour Selich, Council Member Webb, otion by_Counil of the Orange County The motion carried by the Ayes: Council Selich Council )Seml ,r Henn, Member announced proposed Resolution No. 2009 -92, to the sale of the Orange County No. 2009 -92, opposing the her Rosansky, Mayor Prt Tem Curry, Mayor Member Gardner, Council Member Daigle Resolution No. 2009 -92, opposing the sale her 1URansky, Mayor Pro Tem Curry, Mayor Member Gardner, Council Member Daigle plan to walk the City again in celebration of his last ote VAnnual Boat Parade will take place December 16 -20, on the Ba oa Pier on December 20, and there will be an award on on January 22 at the Balboa Bay Club. tree - lighting ceremony at the Balboa Bay Club, the AYSO I the Balboa Island tree- lighting ceremony. MINUTES OF THE REGULAR MEETING AND STUDY SESSION OF NOVEMBER 24, 2009 [100 - 20091. Waive reading of subject minutes, approve as written and order filed. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. B. ORDINANCES FOR ADOPTION Volume 69 - Page 340 RESOLUTIONS. Waive reading in order consideration, and direct City City of Newport Beach City Council Minutes December 8, 2009 CH S. CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL DISTRICTS CODE AMENDMENT [100 - 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 cglude a provision to allow owners time to relocate their water craft. Assistt City Manager Wood noted that a reasonable amount of time would be a%en to residents. 4. WATER UTILITY RATE,; `I ASE AND ORDINANCE AMENDMENT [100- 2009).dopt Or nee No. 2009 -29, amending Newport Beach Municipal �le Chapter 14. (Water Rates and Charges), Section 14.12.020 (Water;'= ate§ Established). ouncil Member Daigle voted no on this item.1F „ri 6 J e 5. SECOND READING ADOPTION OF ORDI CE 2009 -30, AN AMENDMENT TO TI 19, SUBDIVISIONS, O THE NEWPORT BEACH MUNICIPAL C E, CODE AMENDMENT NO. CA2009 -003 (PA2009-0 100- 20091. A t Ordinance No. 2009 -30 as revised and introduced ity Council' November 24, 2009, amending various sections of Ti e 1 .divisions' ",saf the Newport Beach Municipal Code (AttachmentC ,1). 6. NDMENT VK E NEWftRT BEACH MUNICIPAL CODE E 9 -FIR E [100- 20091. Adopt Ordinance No. 2009 -31, am s" ding Title 9, er 9.04, Section 9.04.040, Subsection 511 (Public Ra System Cove ge) and Subsection 512 (Building Information) of the Ne art Beach Muni 'pal Code. OLj ONS ION 7. ijV BACKGROUND CHECK REQUIREMENTS FOR RTI ATION OF EMERGENCY MEDICAL TECHNICIANS - Is MT -Is) 0- 20091. Adopt Resolution No. 2009 -89 authorizing the City of wport Beach Fire Department to access State and Federal level criminal tory information for certification purposes. 9.YJANUARY 2010 RESTAURANT WEEK PROFESSIONAL SERVICES AGREEMENT (C4421) 138/100- 20091. 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 841 City of Newport Beach City Council Minutes December 8, 2009 E. DEVELOPMENT/IMPLEMENTATION AND NEGOTIATING AN EELGRASS MANAGEMENT PLAN FOR NEWPORT HARBOR WITH THE REGULATING AGENCIES (C4425) [381100- 20091. 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. IOBA -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. I 11. BIG CANYON CREEK RI REIMBURSEMENT A( SANITATION DISTRICT MAINTENANCE ROAD Approve an agreement wip for reimbursement by ,ab Canyon Creek Restgration associated with mnagi constructing an OCSD project in Big Canyon Creeee 12. KINGS R CO ] the completed Completion; b) d 35 days -ac ante with TORA ON PROJECT - APPROVAL OF A EEl TH ORANGE COUNTY DESI ND CONSTRUCTION OF A i BIG CANYON (C4426) [381100- 20091. ie Orange Councy Sanitation District (OCSD) for costs associa with design of the Big roect and for reimb ent of future costs permitting, gaining A approvals and enance road as part of a future restoration )LACFVAVEMENT RECONSTRUCTION (C- AND A EPTANCE [381100- 20091. a) Accept thorizel!ae City Clerk to file a Notice of Clei to release the Labor and Materials Noti Completion has been recorded in le portions of the Civil Code; and c) release the d one year after Council acceptance. N FISSION AGENDA FOR DECEMBER 3, 2009 [100 - 20 Receive an le written report. 14. 010 CHAMPIONSHIP SERIES NATIONAL CHAMPIONSHIP NNE APPROVAL OF ENCROACHMENT PERMIT N2009 -0317 0- 20091. Conditionally approve the request of the Pasadena Tournament o Roses Association for the installation of 178 banners on City streetlight p es from Monday, December 14, 2009, to Monday, January 11, 2010, for e 2010 Bowl Championship Series (BCS) National Championship. nstallation 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 (C4040) [381100 - 20091. Authorize the Mayor to approve the contract (Attachment A) for Third Party Volume 69 - Page 342 City of Newport Beach City Council Minutes December 8, 2009 Administrator (TPA) services with CorVel Corporation. Motion bv_Coun.cil Member..Henn, to approve the Consent Calendar except for the Items removed (3, 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, Council Member Webb, Council Member Gardner, Council Member Daigle )UV. ITEMS REMOVED FROM 8. ADOPTION OF RESOLUTION 2009 -91, EATING A CHARTER UPDATE COMMISSION (241100 - 20091. Council Member Daigle discussed 'on 423 questioned whether Council should have authority over employ contracts. M Council Member Gardner felt, t con cts would be a se rate issue and that the City Manager should cont' to ma ge employee contracts. Mayor Pro Tem Curry noted t there are currently no limitations on Council's ability to contract public services, d that contracts would not be a Charter issue. He expressed cone .,.That changing Charter to change how the City Manager hires department d' ould be a amental change in how the City is run. Mayor Selich supporter Ma - o Tem C Is position. City Attorney Hunt no d that an currently is the authority over employ..; tracts. In r pon to CouncT ember Webb's question, he noted that the woidmin Section P ointment of Vacancies) will be revised. Cadtancil Me her Webb disc sed Section Ml in relation to informal versus formal co riL cts aid felt that the arter should not be changed with regard to employee contra Co Me er Henn felt t employee contracts do not need to be dealt with in the Ch but should be addressed through an ordinance or policy instead. City Ma ger ted that department directors currently do not have contracts. Council mber Rosansky pointed out that Council is responsible for hiring the City Manage ' City Attorney, and City Clerk and that Council approves Memorandums of ndere nding (MOUs). Md by Council Member Henn to a) confirm the number of individuals to ha 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 343 City of Newport Beach City Council Minutes December 8, 2009 Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem 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 Me er Henn suggested asking for a multi -year arrangement when approaching the rket next year. Mgtion_by Council Member Rosar workers compensation coverage for an rate approved at the Council meeting o insured retention (SIR) of $1 mill' 29 outlined below. The Workers Cpe expense is $450,000, so this Would $125,000 for Fiscal Year 20Q010. j' The motion carried by the follo " "'rol Ayes: Council Mem r Henn, Coun . Mayor Selich, 1 - cil Member Member Daiele XV. PUBLIC COMMENTS - XVI. ORAL REPORt1NNFROM XVII. prove the extension of the excess twelve -month period, at the same 200. This coverage has a self- 9 verage limits and premium cress surance budget for this in budget call vote: of approximately Rosansky, Mayor Pro Tem Curry, Council Member Gardner, Council Council Winber DItigle reported the Citizen's Aviation Committee and the RNAV Cou emb' don re Newport Bay Executive Committee meeting and octal mum Da s (TMDL) programs and selenium levels. Council Memb'' Webb orted on the number of Orange County Sanitation District (OCSD) projects that ar or will anderway soon, some of which will cause traffic delays and Selich rejArted on the progress of the General Plan/Local Coastal Program rotation gommittee relative to the Zoning Code update and that a final draft will be 4kto thefiommittee by January 2010. 77, COST RECOVERY ORDINANCE (CHAPTER 8.86), FEE RESOLUTION AND MASTER FEE SCHEDULE [100 - 2009]. [continued from the IL24l09 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 344 City of Newport Beach City Council Minutes December 8 , 2009 hearing. Motion by Council Member W.e_bb,_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 Roo nsky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Coat cil Member Gardner, Council Member Daigle XX. CURRENT.BUSINES_ S_ 518. RESOLUTION NO. 2009 -90: EARL) tETIRE T INCENTIVE PROGRAM AUTHORIZATION AND ORGAWZATIONAL RE UCTURING [100 - 2009[. City Manager Riff utilized a PowerPoi presentation to' uss the three proposed restructuring phases, the Oily Retirement Incentive Pro � (ERIP), monetary savings, "bumping" rights, ERII,Ye'rsus layoffs, reduction in p itions, salaries and benefits through ERIP, impacts = f ERIP, and the six employees to return on a temporary part- ' e basis to conduct succession training. He also thanked the staff members tha isted with 9MV, In response to Council questions, he discussed how City r will not be cted by position vacancies, the budget impact of temporarily " ' g me emp s, the approximate coat and benefits of the program, the d' rence be ' AR d PERS ERIP programs, and how the Public Information cer (R nose ill be filled. Member Daigle n the discounted 5% PARS rate, noted the decreased of wilding perm which could possibly allow for eliminating vacant iii the Building D artment, and discussed the benefits of bringing staff - u endments b ore Council. cil ' her Henn ended City Manager Riff for his efforts on the ERIP, note e i tance of continuing to improve the management of the City, noted the si icanc d uniqueness of the ERIP, and expressed support for the program and th chang paradigm it represents. He also requested that the Adminis tive Se "ces Director present a report each year in conjunction with the annual b dget process that compares actual savings for the ERIP to the originally projecte savings. He suggested designating a specific plan for controlling step creas and limiting the use of part -time hours, and requested that the rative Services Director provide an annual report regarding projected ve actual costs and savings. He also expressed support for eliminating the "held va t" positions in the Building Department. Mayor Pro Tern 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 69 - Page 345 City of Newport Beach City Council Minutes December 8, 2009 and the compassionate approach of the program Motion-by Mayor 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 „;�., y Mayor Selich recessed the meeting at 6:61 & "'Y and reconvened the meeting at 7:00 p.m. with all members of Council attendance. K CITY COUNCIL REORGANIZATION A. ELECTION OF MAYOR. City Clerk Brown, in presiding; placed, ] members of theme until on an equal basis to nominate and elect. a Council Member Gardner nominnt d Mayor Pro Tem Curry for nominations and vote for Mayor. The motion carried b . he ing roll callpte: Ayes: Council Member enn, C robe Rosansky, Council Member Curry, AC cil Member Iii founcil Ober Webb, Council Member Gardner, Member Da B. EUCTIO14 OF MAYOR MO TEM. all members of the Council on an equal basis to Gardner nominated Council Member Henn for Mayor Pro Tem. close nominations and vote for Mayor Pro Tem. The motion carried by the following roll call vote: Member Henn, Council Member Rosansky, Council Member Selich, Curry, Council Member Webb, Council Member Gardner, Council • 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 69 - Page 346 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 until for their confidence and thanked family and friends for their support. discussed goals and upcoming projects for 2010, such as equitably sharing a cost of employee pensions with employee groups while continuing to prese the high quality of services in the City, commencing the Civic Center project: nd curing fiscal sustainability. XVIII. MOTION FOR RECONSIDERATION - XIX. ADJOURNMENT - 7:20 p.m. The agenda for the Regular Me 'ng wad posted on Decembe _: , 2009 at 3:45 p.m. on the City Hall Bulletin Boar ed outside of the City f Newport Beach Administration Building. Volume 59 - Page 847