Loading...
HomeMy WebLinkAbout02/09/2010 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting February 9, 2010 — 7:00 p.nL I. STUDY SESSION - 5:00 p.m. II. CLOSED SESSION A. Public Employee Performance Evaluation (Government Code § 54967(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of two public employees. 1. Titles: City Clerk and City Attorney B. Conference with Labor Negotiators (Government Code § 54957.6): 1. Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resource Director 2. Employee Organization: Multiple Newport Beach Associations - Lifeguard Management Association (LMA), Newport Beach Firefighters' Association (NBFA), Police Management Association (PMA), Police Employees' Association (PEA) and Fire Management Association (FMA) III. RECESS IV. RECONVENED AT 7.00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT - No reportable action VII. PLEDGE OF ALLEGIANCE - Council Member Gardner VIII. INVOCATION -Mayor Curry Df. PRESENTATIONS Mothers Against Drunk Driving (MADD) Awards to Newport Beach Police Department Officers Fitzpatrick and Miller - Gail Butler read a resolution from the Orange County Chapter of MADD and presented an award to Police Officers Miller and Fitzpatrick for their exemplary service to the community and for apprehending over 120 impaired drivers in 2009. Proclamation Celebrating Henry Schielein's 60 -Year Career - Mayor Curry presented a proclamation to Henry Schielein for his hard work around the world in the hospitality field. Introduction of Students Traveling from Antibes, France - Justin Myers thanked the Newport Beach community for hosting the children and supporting the program. The students Volume 59 - Page 892 City of Newport Beach City Council Minutes February 9, 2010 presented Mayor Curry with gifts and each student introduced themselves. Mayor Curry thanked them and encouraged residents to attend a basketball game on Friday between the students from France and the Corona del Mar Middle School students at the Corona del Mar High School gym. X. NOTICE TO THE_ PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR.MATTERS_WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA _FOR DIUSSION, ACTION OR REPORT_LNON- DISCUSSION ITEM) Council Member Daigle reported that, during the Finance Committee meeting, she learned that property taxes for residents will be lowered, but noted tht this will negatively impact revenues for the City. Council Member Gardner requested that General Services Director Harmon provide a presentation about pruning and safety precautions for City trees and also asked City Attorney Hunt to provide a report about what is required of the residents relative to parkways. Council Member Webb provided a progress report of his walk around the City and noted that he plans to accomplish his goal of walking every street within the year. Mayor Pro Tem Henn announced that the boardwalk safety committee's recommendations will be brought to Council at a Study Session. Mayor Curry announced that he attended a retirement reception for City employees due to the Early Retirement Incentive Program (ERIP) and also attended the Police Promotion Ceremony on February 3. XII. CONSENT CALENDAR A. READING OF AUNUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING OF JANUARY 26, 2010, AND THE REGULAR MEETING OF JANUARY 26, 2010. [100 -20101 Waive reading of subject minutes, approve as amended, 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 ADOPTION S. AMENDMENT TO CHAPTER 14.17 (WATER EFFICIENT LANDSCAPING) OF THE NEWPORT BEACH MUNICIPAL CODE. [100 -20101 Adopt Ordinance No. 2010.1 which amends, in its entirety, Chapter 14.17 of Title 14 of the Newport Beach Municipal Code regulations pertaining to water - efficient landscaping and references the accompanying Design Standards document. 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO UNIVERSAL WASTE SYSTEMS, INC. [421100 -20101 a) Adopt Resolution No. 2010 -17 to conduct a public hearing on March 9, 2010, to consider the award of a Non - exclusive Solid Waste Franchise to Universal Waste Systems, Inc.; and b) introduce Ordinance No. 2010 -4 granting a Non - exclusive Solid Waste Franchise to Universal Volume 59 - Page 898 City of Newport Beach City Council Minutes February 9, 2010 Waste Systems, Inc., and pass to second reading on March 9, 2010. D. CONTRACTS AND AGREEMENTS 5. CONTRACT AMENDMENT WITH HURLEY FOR PURCHASE OF 2010 JUNIOR LIFEGUARD PROGRAM UNIFORMS (C4151). [381100 -20101 Approve the change order to Hurley 's 2009 Newport Beach Junior Lifeguard uniform contract for a total amount of $157,900 plus tax. 6. WEST NEWPORT PARK LANDSCAPE PROJECT - AWARD OF CONTRACT (C- 4888). [381100 -20101 a) Approve the project drawings and specifications; b) award Contract No. 4335 to Tal Cal Engineering, Inc. (Tal Cal) for the total bid price of $88,740.75, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $9,259.25 to cover the cost of unforeseen work. E. MISCELLANEOUS PLANNING COMMISSION AGENDA FOR FEBRUARY 4, 2010. [100 -20101 Receive and file written report. 8. ACCEPT EMERGENCY MANAGEMENT PREPAREDNESS GRANT (EMPG). [100 -20101 a) Accept the 2008 Emergency Management Performance Reimbursement Grant for $8,822 in funding for matching the City's emergency management program; and b) approve Budget Amendment No. 10BA -032 increasing revenue estimates by $8,822 in Account 2355 -4894, and appropriating those funds into Fire Department Account 2355 -8105. 9. PURCHASE AND INSTALLATION OF SMART -STATION CALL ALERTING SYSTEM AT FIRE STATION NO. 5 - CORONA DEL MAR. [100 -20101 Approve the purchase and installation of WestNet Smart - Station Call Alerting System for Fire Station No. 5 in an amount not to exceed $45,000. Motion by Mayor Pro Tern Henn seconded by Council Member Rosansky to approve the Consent Calendar, except for Item 10; and noting the correction to the minutes by Council Member Gardner. The motion carried by the following roll call vote: Ayes: Council Member SeIich, Council Member RasanAT, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. RECOMMENDATIONS FROM WATER TAXI EXPLORATORY COMMITTEE. [100- 20101 In response to Council Member Gardner's question, Assistant City Manager Wood reported that the Harbor Commission took no action and the Economic Development Committee (EDC) expressed support for generating a Request for Proposal (RFP). Further, they suggested that a survey be conducted to measure support and demand for a water taxi service. Mike McNamara, Summer Water Taxi Committee Chair, provided the history of the Committee and the proposed program. He noted that there are two recommendations, provided information about the proposed survey, and noted that the survey outcome will be valuable if cross sections of people are 'surveyed. He indicated that Visit Newport Beach Inc. is willing to provide $10,000 for advertising and reported that he was contacted by Volume 59 - Page 394 City of Newport Beach City Council Minutes February 9, 2010 three potential operators who are interested in providing services without a subsidy. He suggested conducting the survey this summer. Council Member Gardner agreed that how the survey is approached is critical, expressed concern that there is not enough information on what services will be offered, and believed that more discussion is needed. Mr. McNamara stated that he made it clear to potential operators that there is no subsidy from the City and noted that the operators are still willing to submit a proposal. Mayor Pro Tem Henn stated that the EDC requested a survey in order to see if there is support before moving forward with an RFP. He suggested that the Summer Water Taxi Committee find ways to subsidize the cost of the survey and indicated that an alternative funding method may be to use economic development funds. In response to Mayor Pro Tem Henn's question, Mr. McNamura stated that the Summer Water Taxi Committee will explore ways of obtaining funds from other entities, prepare a survey that will interest those who may subsidize it, and explore options relative to getting the survey out to the public. Mayor Curry commended the Summer Water Taxi Committee for their work on the report, believed that the survey should be done in the summer, suggested that the EDC work with the Summer Water Taxi Committee and staff to devise a means to conduct the survey, and directed staff to bring the information back to Council prior to summer. Council Member Daigle stated that the alternative to the RFP process is a Request for Information (R.FI) which will entail the operators suggestions on what they think will work. In response to Mr. McNamara's question, Mayor Curry stated that the sunset date of the Summer Water Taxi Committee can be changed. Motion by Mayor Pro Tem Henn seconded by Council Member Gardner to defer the distribution of an RFP to Summer 2011 and allow the Summer Water Taxi Committee to work with interested parties to structure and find subsidized funding to conduct a survey in Summer 2010. The motion carried by the following roll call vote: Ayes: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor Curry, Council Member Webb, Council Member Gardner, Council Member Daigle XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Henn reported that the EDC received a presentation from staff which included information about the current year budget versus actual, and that the Finance Committee reviewed a presentation by staff on plans for next years budget, and the challenges that the City is facing. He noted that there is alarge structural gap between revenues and expenditures which will require tenacity of purpose, creativity, and fortitude by staff to dose. Mayor Curry reported that the Charter Update Commission had their first meeting and reminded residents that the purpose of the Commission is to consider additional items and bring recommendations to Council before the Charter amendments appear on the ballot. XV. PUBLIC COMMENTS - None XVI. CURRENT BUSINESS 11. APPROVAL OF CONTRACT TO PURCHASE ONE LADDER TRUCK AND TWO FIRE Volume 59 - Page 896 City of Newport Beach City Council Minutes February 9, 2010 ENGINES FROM PIERCE MANUFACTURING INC. OF APPLETON, WISCONSIN (C- 4419). [381100 -20101 Fire Chief Lewis discussed the process for acquiring new trucks, indicated that the current trucks have exceeded the normal replacement cycle, and discussed funding. Motion by Council M�m}r. Rosans)� seconded by Council Member Gardner to a) .approve the negotiated contract with Pierce Manufacturing Inc. from Appleton, Wisconsin, for the purchase of one new 100' heavy duty tiller ladder truck in the amount of $1,066,824 including tax and two 1250 GPM Triple Combination pumpers in the amount of $1,032,806 including tax ($516,403 each); and b) approve Budget Amendment No. IOBA -030 in the amount of $346,019 to fund the purchase. The motion carried by the following roll call vote: Ayes: Council Member Daigle, Council Member Gardner, Council Member Webb, Mayor Curry, Mayor Pro Tem Henn, Council Member Rosansky, Council Member Selich 12. WASTEWATER PUMP STATION REHABILITATION (C -3804) - DIAMOND AVENUE, BACK BAY DRIVE, BREN TRACT, POLARIS DRIVE, AND HARBOR RIDGE - AWARD OF CONTRACT. [381100 -20101 City Manager Kiff reported that the .funds for the rehabilitation will be budgeted from the Wastewater Enterprise reserve fund. In response to Council Member Selich's question, Public Works Director Badum stated that staff is adjusting the estimates to more closely match current prices and indicated that this project is the last one needed in order to update all of the wastewater pump stations in the City. Motion by Council Member Selich seconded by Council Member Webb to a) approve the projectplans and specifications; b) award Contract No. 3804 to Houalla Enterprises, Ltd. dba Metro Builders and Engineers Group, Ltd. for the total bid price of $1,994,112, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $200,000 (approximately 10 %) to cover the cost of unforeseen work; d) approve Amendment No. 2 to Professional Services Agreement with Stantec Consulting California, Inc. for construction observation services for $35,618; and e) approve Budget Amendment No. lOBA- 031 appropriating $510,000 from the unappropriated Wastewater Enterprise reserve fund balance to Account No. 7532- C5600100. The motion carried by the following roll call vote: Ayes: Council Member Daigle, Council Member Gardner, Council Member Webb, Mayor Pro Tern Henn, Council Member Rosansky, Council Member Selich Abstain: Mayor Curry 18. COUNCIL APPROVAL OF GOALS AND PROJECTS, ALONG WITH IMPLEMENTATION PLAN, FOR CITY COUNCIL'S 2010 PRIORITIES. [100 -20101 City Manager Kiff highlighted changes to the Performance Measurement Report, stating that the quarterly report will be brought back to Council on March 9, not February 23, and noting that Mariners Mile's abatement should be completed by November or December. City Attorney Hunt reported that the City has filed a lawsuit for the abatement of the property on Pacific Coast Highway (PCH) between Doyer and the McDonald's. ' Volume 59 - Page 896 City of Newport Beach City Council Minutes February 9, 2010 Mayor Curry stated that this year will be dominated by budget concerns, noted that the 46 items in the 2010 Goals and Projects Implementation Plan is a plan for action to improve the community, indicated that the City is committed to making the investments needed to enhance quality of life, and commended staff for their hard work. Council Member Gardner suggested that the Citizen Satisfaction Survey be delayed at least a year until the reorganization of the City is completed and believed that residents would most likely want money to be spent on substantive projects like road construction. Mayor Pro Tem Henn indicated that it is important to establish a customer satisfaction baseline before engaging in changes. He stated that there will be a new executive staff and it is important to provide a fresh baseline view and believed that the survey will not require a large amount of money or effort. City Manager Kiff stated that he can evaluate survey options and noted that he is currently focusing on budget issues. Mayor Curry believed that the survey should be conducted after employee restructuring changes are made and also believed that it is important to measure and benchmark impacts. City Manager Kiff stated that he plan to hire a new Police Chief and Fire Chief by July and requested to move the survey to August. Council Member Rosansky stated that the City has to focus on the bottom line which is the budget and urged Council to be careful with all expenditures for projects. Council Member Daigle stated that the direction that the City Manager is going is supported by the Finance Committee, believed that an economic analysis should be done. on proposals that go to Council in order to observe impacts to jobs, and encouraged the re-use of professional resources. Mayor Pro Tem Henn stated that he is identifying private sources to provide funding for the new visioning process for the Balboa Village Area, indicated that he is seeking to initiate a planning exercise led by an outside consultant for Lido Marina Village, and believed that private parties might be willing to provide funds and resources for that project as well. In response to Mayor Pro Tem Henn's question, City Manager Kiff stated that staff will increase Harbor related fees that are routinely increased by the CPI and then overlay the adjustments after a new appraisal is completed, with the benefit of public input in the process. In response to Council Member Rosansky s question, City Manager Kiff noted that the first stakeholders meeting was conducted for Harbor fees, indicated that he hoped to have the appraisal finished in March, and stated that the project is somewhat behind schedule. Council Member Rosansky stated that staff needs to focus on generating revenue for the City instead of spending money on a customer service satisfaction survey and indicated that the Harbor fees should have been raised years ago. Mayor Pro Tem Henn suggested delaying the customer service training until the reorganization of City staff is stabilized. Mayor Curry clarified that it would not be taken off the list, just deferred. In response to Mayor Pro Tem Henna questions, Planning Director Lepo clarified that Volume 69 - Page 897 City of Newport Beach City Council Minutes February 9,2010 the amendments to the Zoning Code are expected to be adopted in October and a draft will be available to the public on March 1. Assistant City Manager Wood stated that the Coastal Implementation Plan is not on the 2010 priorities list because it is scheduled to be finished in 2011. City Manager Kiff stated that he will update the list with the missing information and corrections, provide the update to Council, and upload it to the City's website for the public. Motion by Council Member Daigle seconded by Mayor Pro Tem Henn to a) update the list of goals and projects, draft implementation plan, and Planning Department project hours and b) receive and file. XVII. MOTION FOR RECONSIDERATION - None XVIII. ADD J URNMEN - 8:16 p.m. The agenda for the Regular Meeting was posted on February 8, 2010, at 2:46 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on February 6, 2010, at 3:60 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ecording Secretary Mayor Volume 59 - Page 898