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HomeMy WebLinkAbout01 - 10-13-2009 MinutesAgenda Item No. 1 October 27, 2009 CITY OF NEWPORT BEACH City Council Minutes City Council Study Session October 13, 2009 — 3:30 p.nL I. ROLL CALL IV Present: Council Member Henn, Mayor Pro Tem %Dlf h, Council Member Webb, Council Member Gardner, Counc' Absent: Council Member Rosansky II. CURRENT BUSICity Manager Kiff introduced Inter' ssis C who discussed her background and expressed her exci t ork rt Beach. 1. CLARIFICATION OF ITEMS HE CONSENT CALENDAR. Council Member D requested cla tion on Item 621 (Marine Life Protection) in regards to depth ity Manage noted that depth limits in the Rocky Intertidal Zone wo be ed at th gular meeting and noted that the proposed resolution a' to main exist level of protection. Counc' her Gardn re sted clar tion on funding relative to Item 11 (F' eati 1 Grant Agre or Seli requested cation on Item 12 (Civic Center & Park Development Plan ' rel 'on to EIR proce es. s cil her Ros arrived at 3:37 p.m. 2. COR D PARKING MANAGEMENT STUDY. Varking rking sultant Linsenmayer utilized a PowerPoint presentation to dy goals, the study area, project methodology, improving efficiency of the pply and demand, peak occupancy, the license plate inventory analysis, nagement tools, recommendations, and a comm unity test program_ In Council questions, he discussed lot usage and managing and enforcing loyee parking. He indicated that the area of largest impact was 4th een Carnation and Dahlia, and that a self - regulating pricing mechanism would probably be the best option. Council Member Gardner noted that the majority of the community did not embrace the community alternative of metered parking but were in favor of residential parking permits. She also discussed businesses renting resident garages, employees parking in customer parking spaces, and the possibility of using meters that accept credit cards. Council-Member Daigle suggested that employers establish guidelines for employee Volume 59 -Page 279 City of Newport Beach City Council Study Session October 13, 2009 parking. Council Member Henn noted the difficulty of enforcing employee parking, suggested the use of kiosks rather than meters, expressed his support for self-regulating pricing mechanisms and their advantages, and asked to see a specific proposal of estimated costs associated with implementing a pilot program. Bernie Svalstad, Business Improvement District Chairman, discussed resident interest for installing parking meters, problems with residents finding parking, the importance of having a temporary Parking Dyct Board (PDB), and supported the need for time limits on parking. Mayor Pro Tem Curry suggested submitti a specific plan and getting feedback from community. Council Member Rosansky recomme d expandin parking zone. Council Member Webb express con n for residen arking meters because they create a loss of parking ces. Mayor Selich supported focusi a pilot area from Avocado t 'Dahlia. 3. AMENDMENT T TITLE 19, S VISIONS. Zoning Administra utilized a erPoint presentation to discuss reverse corner lots, lot or ntah' d size ecifications, setbacks and visual impacts, photographic xamples sting -1 ts, vehicle access, General Plan Policies, Council Policy -2, wa n ures, restricted alley access, buildable areas jdtr riented lot ations, ut' impacts, and historical parcel maps. P c Director Ba noted that lot reorientation requests do not occur o�} t a street tree of be taken out to move the location of a driveway. Plan Policies regarding alley access for parking Counc aef mb ardner questioned the reasons for allowing reorientations. In to C cil questions, Planning Director Lepo discussed potential changing Council Policy and the General Plan. believed that this type of amendment could give more flexibility to the and Council Policies regarding subdivisions. Coup Member Henn expressed disapproval for a 20 -foot setback requirement on a 30 -foot by 70 -foot lot and noted the importance of an administrative approval process. Council Member Rosansky expressed concern for a blanket policy and noted the negative impact it would have on residents. Assistant City Manager Wood stated that revisiting the setback system and zoning code would be difficult to accomplish equitably. Volume 59 - Page 280 City of Newport Beach City Council Study Session October 13, 2009 Council Member Webb agreed that reorientation should not be allowed through a simple process. Following a straw vote, it was the consensus of Council to leave out the provisions for lot line adjustments but move forward with amending Title 19. III. PUBLIC COMMENTS - None IV. ADJOURNMENT - 5:26 p.m The agenda for the Study Session was posted on 0206er 7, 2009 at 4:05 p.m. on the City Hall Bulletin Board located outside o the City of Newport Beach Administrative Building. Volume 59 - Page 281 Secretary CITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 13, 2009 — 7:00 I. STUDY S>S_S_ION - 3:50 p.m. II. CLOSED SESSION - 5:27 p.m. 1. Conference with Laa: 2. III. IV. V. §iL4956.9tax Four matter(s): A. IBC Litigation Matte against the City of 1. 1. Newport Bea Orange County 2. NeAbxt Beal 'VIM 3. 4. 1Newport Business all arisiut of the IBC Litigation n v. City of Irvine (Martin Street), Court Case No. 07CCO1264 .v,,,. City of Irvine (2851 Alton), Orange as` m.070001266 of Irvine (HCG), Orange County v. City of Irvine (Accessory Retail Orange County Superior Court Case No. %asources e reaentatives: Bill Avery of Avery &Associates and Terri Director on: Multiple. - Lifeguard Management Association; Police Association; and Police Employees Association Present: Council Member Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor Selich, Council Member Rosansky, Council Member Henn Excused: Council Member Daigle VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIAN .F. -Council Member Webb Volume 69 - Page 282 City of Newport Beach City Council Minutes October 13, 2009 VIII. INVOCA'CION - Mr. Frank Carpenter IX. PRESENTATIONS Presentation of Plaque to Outgoing Building and Fire Board of Appeals Member - Mayor Selich presented Larry Paul Root with a plaque for his service to the City. Presentation of the American Association of Community Theater Volunteer Award to Rae Cohen - Mayor Selich presented the award anded her for her hard work. Rae Cohen thanked Council, staff, and former Mayors Clarenceprner and Ruth Ellen Plummer for their support. le X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUN XII. REPORT (NON - DISCUSSION ITEM) Council Member Webb announced at to is his 40th anniv ry of service in the government sector. He also expre a ieciation to staff for th` rapid response to disasters. Council Member Gardner ounced that 'CIE, Corona del Mar Community Youth Center (CYC) had a successful ope noting thateople attended the movie in the park. She also stated that there are ve tudent 3 at ' ding classes at the facility. Council Member Henn thanks staff for mar " ble accomplishment in fixing the broken water on Lido S eet Newp Boulevard, and announced that the City replaced. a rts, repave street, and put in a new curb in less than 48 hours. Re g I 8 (Balboa evard Pavement Rehabilitation), he stated that the bid came in less t the engine estimate. He indicated that the financing is complete for Assessm t Di riot No. 103 a noted that the rate of 3.77% is a cost savings to residents who unt to ir property tax bill. Regarding Item 4 (Fire Ring ), b `ted tha avor of a regulation that removes the fire rings. Mayor Pro Te ressed appreciation to the Public Works Department for the seven new yield signs %the Por treets and announced that October 16 - 22 is Restaurant Week. . A. Selich annunced that the City Hall Environmental Impact Report (EIR) is available City's webAte and indicated that the deadline to submit comments is October 15. 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF SEPTEMBER 22, 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. ORDINANCE FOR ADQMON Volume 69 - Page 283 City of Newport Beach City Council Minutes October 13 , 2009 S. ORDINANCE CLARIFYING THE CITY COUNCIL TERM LIMIT PROVISIONS OF THE CHARTER OF THE CITY OF NEWPORT BEACH. 1100 -20091 Adopt Ordinance No. 2009 -22 adding Chapter 1.32 of the Municipal Code. D. RESOLUTION FOR ADOPTION 5. IDENTITY THEFT PREVENTION PROGRAM. [100 -20091 Adopt Resolution No. 2009 -69 approving the IdentAity Theft Prevention Program effective November 1, 2009- A E. CONTRACTS ANDAAGREEMENTS 6. JANITORIAL SERVICES it \per APPROVAL OF PROFESSIONAL SERVIC AGITH PROGREEN BUILDING MAINTENA INCRARY FACILITY JANITORIAL SERVICE C-4386). [pprove a Professional Services Agreement wi rogr Buildce, Inc. for Janitorial Services.at a not to geed p " e of $6,3and authorize the Mayor and City Cler e ute the ag reement. 7. REIMBURSEMENT At EEMENT WITH ORANGE COUNTY SANITATI i DISTRICT R THE BAYSIDE DRIVE SEWER IMPROVE (C4397 S [38/100 -20091 a) Approve the Reimburseme A en in the ount of $50,700 with Or County Sanitation Diet ct (O the Ba a Drive Sewer Improvements; and b) establish an ditional $1 ,000 to cover the cost of unforeseen 8. BA1030A BOUL D PAVEMENT REHABILITATION - AWARD OF ONTRACT ( 144). [381100 -20091 a) Approve the project plans and ape cations; b) awa the contract (C -4144) to Ortiz Asphalt Paving, Inc. id price $871,000, and authorize the Mayor and City Clerk ecute the i , and c) establish an amount of $87,100 (10 %) to cover the of unforeseen work_ 1Ja BO IER EMERGENCY REPAIR - AWARD OF CONTRACT (C- ). [3 0 -20091 a) Approve the project plans and specifications; b) d the contract (C -4326) to Associated Pacific Constructors, Inc. for a bid price of $59,900, and authorize the Mayor and City Clerk to execute contract; c) establish an amount of $10,000 to cover the cost of eseen work; and d) approve a budget amendment (10BA -016) ferring $69,900 from Account No. 7231- C4402002 (Balboa d/Harbor Bulkhead and Seawall Repairs) to Account No. 7231 - C4802002 (Balboa Pier Emergency Repairs). 11. NEWPORT BEACH FILM FESTIVAL GRANT AGREEMENT (C- 9564). [381100.20091 Authorize the Mayor and City Clerk to execute a grant agreement with the Newport Beach Film Festival that provides City funding in the amount of $100,000. 12. AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC. FOR ENVIRONMENTAL SERVICES ON THE CIVIC CENTER & PARK City of Newport Beach City Council Minutes October 13 , 2009 DEVELOPMENT PLAN (C4141). [38 1731100 -2009] Removed from the agenda. 13. APPROVAL OF CONTRACTUAL AGREEMENT WITH MANAGEMENT PARTNERS, INCORPORATED FOR INTERIM ASSISTANT CITY MANAGER - JAN PERKINS (C- 4396). [38/100- 20091 Authorize the City Manager to enter into a contract with Management Partners, Inc. to provide professional services to the City Manager's Office at the rate of $140 per ho , not to exceed a total amount of $100,000 between the period of October9 and March 2010. 14. IMPLEMENTATION OF Ver ASSISTANCE AGREEMENT WITH THE CITY MANAGE E EQUITY (C-4398). [381100- 20091 Authorize the Mayor to ousing Assistance Agreement to Share Equity for the City M F. MISCELLANEOUS 15. APPOINTMENT D D KIFF TO O CITIES FIRE AUTHORITY BO IRECTORS. [100 -200 Appoint David Kiff as the Newport Beach in er of the Metro Cities Fire Authority Board of Directors. 16. APPOI F THE ORY BOARD OF THE NEWPORT BEACH RE ASSOC ION BUSINESS IMPROVEMENT DISTRICT RA). [ 9J Co !m the Newport Beach Restaurant Association Bus ess I ve ' Dir trict (NBRA) election of Advisory and Execu ye B "rd membe ZEETI .., ON PROPOSED INCREASE TO THE BENEFIT ENT L OF THE NEWPORT BEACH RESTAURANT ION B INESS IMPROVEMENT DISTRICT (NBRA). ive p lie comments from anyone wishing to speak on the Lcrea a benefit assessment levy of the Newport Beach Association Business Improvement District (NBRA). Motion by MAkor Pro em Currv. seconded by Council Member Rosansky to VGoMember nti Calenar, except for the items removed (4, 9, & 21); remove Item 12 end the recommendation on Item 13 as stated on the supplemental the agreement to Item 14. d by the following roll call vote: ember Gardner, Mayor Pro Tem Curry, Council Member Webb, Mayor uncil Member Rosansky, Council Member Henn Absent: Council Member Daigle )III. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. AMENDMENT TO MUNICIPAL CODE CHAPTER 9.04.030, SUBSECTION 307.4.2.1 (FIRE RING POLICY UPDATE). [700 -2009] Council Member Gardner expressed support for the amendment and requested that staff bring back a report to abolish all fire rings in the City. Council Member Henn supported Council Member Gardner's suggestion and added that there are a lot of Volume 59 - Page 286 City of Newport Beach City Council Minutes October 13 , 2009 Al 521. health hazards associated with fire rings. Council Member Webb suggested that if the City cannot remove the fire rings at one time, that the fire rings be phased out over time. Motions Council Member Gardner, seconded by „Council MembtLWebb to a) approve the recommendation of the Parks, Beaches & Recreation Commission; b) introduce Ordinance No. 2009 -23 amending Municipal Code Section 9.04.030, Subsection 307.4.2.1, to clarify the public use of f rings at any beach, park, or other public place, and pass to second reading on O ber 27, 2009; and c) direct staff to bring a report back to Council to remove all fir ings in the City. The motion carried by the following roll Ayes: Council Member Henn, Mayor Selich, Council h Absent: Council Member Daigle BIG CANYON CREEL AMENDMENT NO. 2 T, VA CONSULTING, INC. Council Member a) approve Amendm Consulting, Inc. for de $85,790,,d authorize =(AOOZPOI to Acccun work 'th the Regul t in ,a much more r ATION PROJECT SIONAL SERVICES [381100 -20091 Mayor Pro Tern Curry, :r Gardner APPROVAL OF 3EEMENT WITH expressed AWport for the re- examination of the project. or Gardner _ nded b Council Member Henn to e. Profe al Services Agreement with VA and ppli ion services at a contract price of M r an Clerk to execute the agreement; b) (lOBA -017) transferring $85,790 from Account No. o. 7014- C5100709; and c) stop work on current project ry Agencies and our consultant team to re -scope the eat plan for restoring disturbed area in the canyon, d pursuing various means to reduce selenium ;k on to below 13 ppb to meet Regional Water Quality DL requirements. The m8Wn car by the following roll call vote: Ayes: until Member Gardner, Mayor Pro Tern Curry, Council Member Webb, yor Selich, Council Member Rosansky, Council Member Henn Absent: runcil Member Daigle PION REGARDING THE CITY OF NEWPORT BEACH'S SUPPORT ;IFIC MARINE PROTECTION AREA DESIGNATIONS IN THE LIFE PROTECTION ACT. []00 -20091 City Manager Kits reported that the resolution endorses the City's position to protect the Rocky Intertidal Zone. Marine Protection and Education Supervisor Clemente utilized a PowerPoint presentation that highlighted the issues, staff's recommendation, proposed maps, and .a summary of the proposals. She explained each map and believed that a consistent area of protection is helpful for enforcement. Council Member Gardner expressed concern about the protection area and expressed Volume 59 - Page 286 City of Newport Beach City Council Minutes October 13 , 2009 confidence in the scientific advisory team. In response to Mayor Selich's questions, City Manager Kiff stated that people are debating the quality of the science, indicated that the Rocky Intertidal Zone is not consistent, and proposed that the protection zone be 125 feet. Marine Protection and Education Supervisor Clemente stated that it is better to have even and consistent lines throughout the area. In response to Council Member Henn's question, M4rine Protection and Education Supervisor Clemente stated that the offshore di nces in the three proposals are slightly different. Council Member Henn state at he aupports Council Member Gardner's view to not go backwards relativ protection levels and suggested that the resolution be amended to classify the B a State Marine Conservation Area (SMCA) rather than a Marine Reserve take" In response to Council Member risk having a higher designation fo e U might require that the sedi t be r of Ken Kramer, District Superinte nt for about potentially decreasing the rent Park and discussed three maps. of a particular map; r, he urged ` is not less than 0.5 m" s. Norris Tapp stated th pr< expresse port for Ma 2. Day Conn expressed s on. Jim WArneftAuxassed sunno s question, Manager Kiff stated that does not create issue for dredging, but California State Parks, expressed concern level of protection at Crystal Cove State tated that his organization is not in favor Until to make sure that the protection line in the tidepool area and for Map 2 and urged Council to keep the coastline Map 2 and believed that minimizing access to the ;to businesses. support for Map 2. support for the resolution, as written. Wendy 7thihara provided Council with a handout, urged Council to amend the resolutio to support Map 2, and expressed concern for the businesses that will be affected W the loss of revenue. Mealy believed that placing more protections will impact the fishermen and detrimental to the dory fleet. Michael Beanan believed that having a larger reserve area will allow the fish to grow and urged Council to help the restoration process. Louise Thorton, Chair of the Laguna Ocean Foundation, expressed support for Map 3. Jan Vandersloot expressed support for the protection area and believed that the areas should be off limit to fishermen to allow the fish to grow. Mike Thompson believed that the MLPA creates depletion in the areas that are left Volume 59 - Page 287 City of Newport Beach City Council Minutes October 13, 2009 )UV. open, believed that some of the maps enforce too many restrictions on fishermen, and expressed support for Map 2. Council Member Gardner believed that the ocean is over -fished and that more protection is needed. She indicated that there are diminishing returns because the fish are not allowed the opportunity to grow and expressed support for the strongest protection in the tidepool areas. Mayor Selich suggested that the level of protectio be 0.5 miles is more than the City's current protection area. Motion by Council Member Gardnersec . de d by_Council Member Webb to adopt Resolution No. 2009 -72 relating to rotection of Rocky Intertidal habitat along the City's coastline via the de ' tion this habitat as a State Marine Conservancy Area (SMCA) and Zer the bou ry to extend a minimum of 0.5 miles offshore. With the acceptance of the the motion, Co it Member Gardner, Council Member Henn nest that the motion b ended to change the Upper Newport Bay lassification to State ine Conservation Area (SMCA). to design he boundary to be 0.5 miles. The motion failed for The motion carried by 1 Member , Council Mem her Rosansky, Mayor Pro Tem Curry, 1 Member `b, Council Member Gardner Selich 1 Member Dai e Council Melr b reported that he attended the Sister Cities Association's International tival a ariners Park. until Member enn reported that the "Conference and Visitors Bureau" officially changed ame to "Vi ' Newport Beach, Inc." which is consistent with their strategic plan, and tha ' until Me her Rosansky helped pursue the Barrett Jackson Luxury Auto Auction which d be a City's largest generator of hotel rooms for the year. He also reported that Newport ac is the home site for the Rose Bowl teams and media, and thanked Gary DiSano wh a instrumental in procuring the City for the site. He stated that the 4th of July .Comm tee would like the day to be better regulated and noted that they are working on turning July 4th into a family - oriented event. Mayor Pro Tem Curry reported that the Finance Committee supported the street sweeping program, assured residents that Council is serious about the fiscal situation, and indicated that Council is working with the City Manager to reduce costs which will protect fiscal stability. Council Member Henn added that staff recommended utilizing a Request For Proposal (RFP) for the entire street sweeping program rather than a pilot program. He indicated that it will include a 30 -day termination clause and the program will be phased -in over twelve months to allow time for evaluation. City Manager Kiff clarified that the Volume 59 - Page 288 City of Newport Beach City Council Minutes October 13 , 2009 Finance Committee's review will be brought before Council for approval. XV. PUBLIC CORDIENTS, -None XVI. PLANNING COMMISSION AGENDA AND ORAL STATU$ REPORT 18. PLANNING COMMISSION AGENDA FOR OCTOBERS, 2009.[100-20091 Planning Director Lepo. provided a report on the following Planning Commission items: North Newport Center Planned Community endment (PA2009 -111) - 100, 150, 180, 190, 450 Newport Center Drive and 5 Plaza Colony; and 31st Street Lido, LLC (2009 -096) - 500 31st Street. XVII. CURRENT BUSINESS 19. PROPOSITION IA SECURITIZA ON PROGR (C- 4399). [381100 -2009] Finance Manager Matusiewicz torte that staff is r mending that Council adopt a resolution authoriz' the sa of the City's Prop n lA receivable from the State and approve the p ase d sale agreement. Gardner to a) a t Resolution 2009 -70 authorizing the sale of City's Proposition IA rece from the S and b) approve the Purchase and Sale Agreement with the . Statewide munities Development Authority, and authorize the Mayor anCity to execu ` e agreement. The motion carried by thiollowi ro te: Aye 111 cil Member net, Mayor Pre Tem Curry, Council Member Webb, r Selich, Co Member Rosansky, Council Member Henn Ant: Co cil Member Dai e 2()-, PPEA%5$lTY4W0AAPATEVOR ORIGINAL EMPLOYMENT. [100 -5009] Cit torn%nt eported that the Civil Service Board regulations do not provide e an appeal right. He further explained property rights, the s, and the timeline for an appeal. In resporle to Council questions, City Attorney Hunt indicated that the current ordinan unique to the City and could only be changed by a vote of the electorate because was originated by a citizen's initiative measure. He stated that the vil Se ` ice Board recommended that Council take action and He the provision b it on the November 2010 ballot. He reported that the Civil Service System Rev "' has been conducted by Bruce Pryitt and noted that there are recommendations for amendments that can also be placed on the November 2010 ballot. He also reported that an appeal Sled in 2008 identified the provision and advised Council that staff can bring back the issues relative to the Civil Service Board ordinance and the Charter at a Study Session. Mayor Pro Tem Curry believed that there should be a comprehensive review of the Charter, stated that Council will work on it during the early months of 2010, and directed the City Manager to create a Charter Review Committee that will include residents. He indicated that the Committee will compile a list of deficiencies and help with a comprehensive Charter reform measure for the 2010 election. Council Volume 59 - Page 289 City of Newport Beach City Council Minutes October 13, 2009 . Member Gardner suggested that staff begin compiling the Charter issues. Council Member Henn expressed support for the Charter Review Committee and emphasized the need for a broad thought process. Council Member Webb believed that appointments to the Committee should be made in December. Motion by_Mavor Pro_ Tem_ Curry. seconded by_Council Member ,_ Web b to adopt Resolution No. 2009 -71 revising Newport Beach Civil Service Board Rules and Regulations ("Board Rule(s) ") Section 501.3.3 to include a procedure for appeals by candidates for original employment; b) direct the C' y Attorney to provide a list of potential issues in the Charter and Civil Service Bkffld regulations; and c) direct the City Manager to bring a report to Council that fq Xgs a Charter Review Committee. The motion carried by the following roll call Ayes: Council Member Gardner; Ma r Pro Te urry, Council Member Webb, Mayor Selich, Council Membei Rosansky, Co it Member Henn Absent: Council Member Daigle D 522. GENERAL FUND BUDG UP1E: FY 2008 -09 LIMINARY YEAR END AND FIRST QUART U09 -10. [100.2009) Administrative Services ger Danner utilized a PowerPoint presentation which t uded the preli "'- ary audit financial information for 2008- 2009 and the first q evenue for 9 -2010. He highlighted revenue issues, expenditure issues, a um p included the deficit projection, the immediate actions that staff has ' en, long -' ctions, "'nd a five -year resource projection. Counci�l ber Henn nke tall for g}a proactive approach in addressing the is d noted that t nual run rate is closer to $8 million. I sponse Mayor Selich questions, Administrative Services Manager Danner state hat a Facilities Re Jacement Plan is for future facilities and there are nnu dded the account. He confirmed that all approved opm agreemen re factored into the budget, except for the Santa Bar Co iniums development agreement. 523. EARL ETIR NT INCENTIVE PROGRAM. [100 -20091 V ger Kiff stated that the Early Retirement Incentive Program is et solution in order to save money and restructure the organization. He t the retirement is not an upgrade to the employee's classification and ne time offer in which the employee will have to leave by January 31, ted that there are about 160 eligible employees and about 40 employees he offer. In response to Council questions, City Manager Kiff stated that the target goal is to have approximately 40 to 50 employees participate in the program and emphasized that there is no guaranteed right to the opportunity. He stated that results will be brought to Council and noted that the program will result in an annual savings of approximately $1.24 million. He clarified that there is no spike to CalPERS and the amount paid is not subject to increase. He assured Council that positions will not be brought back without Council approval and emphasized that the budget control sheet will be amended as positions are eliminated. He indicated that he is confident that the level of service in the City can be maintained and pointed out that City of Newport Beach City Council Minutes October 13 , 2009 sworn safety personnel are not included in the program. Council Member Kenn clarified that the program will not go forward unless staff is certain that there will be considerable savings and expressed confidence that the City will maintain a level of service that is satisfactory to the residents. Motion-by. Mayor 3'ro Tem, Cur sec Qn lamed by Council. Member Gardner to adopt Resolution No. 2009 -73 authorizing an early retirement incentive program to eligible City staff members under the condition thqt the program meets the fiscal, managerial, and operational goals of the City. to XVIII. MOTION FOR RECONSIDERATION - None XIX. ADJOURNMENT - 9:05 p.m. The agenda for the Regular Meeting w �osted on her 7, 2009, at 4:05 p.m. on the City Hall Bulletin Board Iota outside of th ity of Newport Beach Administration Building. The sup emen I agenda for Regular Meeting was posted on October 9, 2009, at p.m k n the City Hall etin Board located outside of the City of Newport [ministration Building. Mayor Volume 59 - Page 291 Secretary