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HomeMy WebLinkAbout06/26/2001 - Study Sessiont CITY OF NEWPORT BEACH City Council Minutes Study Session June 26, 2001- 4:30 p.m. ROLL CALL Present: Heffernan, O'Neil, Glover, Ridgeway, Bromberg, Mayor Adams Absent: Proctor (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Glover reported that she and the City Attorney will be leaving the study session at 5:15 p.m. to attend the Board of Supervisors meeting. She requested that her absence from any part of tonight's regular meeting be considered an excused absence until she returns. Regarding Item S36 (Recommendations from Ad Hoc Committee to Review EDC and EQAC, and Extension of Committee Term), Council Member Bromberg stated that he will be requesting that the EQAC resolution be continued. Regarding Item 15 (Balboa Peninsula Streetlight Modifications), Mayor Adams noted that the language used in the staff report is the type of language he would expect if staff wanted to dismiss the low bid; however, the recommendation is to award the contract to the low bidder. He asked what material the pedestrian level streetlights were made of and if the bid was a qualified bid. Public Works Director Webb reported that standards have changed and that fiberglass poles are no longer used. He noted that the green poles at the end of the Peninsula that are now oxidizing were an experimental use until 1996. Regarding the low bidder, he stated that they felt they did not have sufficient information to disqualify the contractor since no agency would say that the contractor was not competent. Further, even if the contractor was disqualified, they also had questions about the second low bidder. He reported that, even though the third bidder has better references, his bid was about $60,000 higher than the low bid and the City had difficulty during a previous project to get him to complete the project in the fashion the City wanted. He indicated that the contract can be awarded to the low bidder since complete inspections will be conducted and he feels they can work out any problems with the contractor. Mayor Adams pointed out that Council has the option to reject all bids and start over. City Attorney Burnham indicated that, based on the staff report, Council cannot find that the low bidder is not responsible and would have to award the contract under the Public Contracts Code. Mr. Webb stated that, if Council wants to postpone the project, the money would need to be rebudgeted. 2. CITY USE OF NEWPORT -MESA UNIFIED SCHOOL DISTRICT POOLS. Community Services Director Menitz stated that the City has historically used the School District pools for its swimming programs through two Volume 54 - Page 319 INDEX Newport -Mesa School District Pools (78) City of Newport Beach Study Session Minutes June 26, 2001 different Joint Powers Agreements (JPA). She indicated that the JPA for Newport Harbor is a general JPA that is used for all School District facility recreational uses and that the City submits a permit, like other organizations, to the School District. She reported that the City normally uses this pool ten weeks every summer; however, they only plan to use it for eight weeks this summer. Regarding the Marian Bergeson Aquatic Center at Corona del Mar High School, Ms. Kienitz reported that the City contributed considerable amounts of money to fund the building of that pool. The JPA for this pool is for a 25 year term with a 25 year term extension, and provides very specific times during the year in which the City is completely responsible for the pool. She stated that this pool has been used under this JPA for lap swims, eight weeks of swim classes, and the Newport Beach Aquatics Club swim team and junior water polo team. Ms. Mentz reported that all the recreational programs are advertised in the Newport Navigator that is sent to every home in the City, as well as some of the businesses, and that there are five pages of swimming programs which total about 300 classes. She indicated that the Newport Navigator goes to print early April and is delivered the first of May, and noted that online registration begins the first of May also. Ms. Kienitz indicated that they heard earlier this year that the School District was having problems and was considering closing both pools, and possibly draining them. She noted that Newport Harbor will be closed sometime in the future because it has to be rebuilt. She added that the School District also has concerns about the State energy mandates and the costs involved. Ms. Kienitz reported that they met with the School District in mid -April and that it was presumed there would be a resolution by the first of May; however, that did not happen because they were concerned about costs and uses by private groups and Costa Mesa. She stated that, on May 25, an agreement was reached in which the City would heat the pool, add a $10 surcharge to the cost of registration and a $15 surcharge to the Newport Beach Aquatics Club registration, and move all the swim programs to Newport Harbor. She indicated that the School District blocked all registration for a week and used the following week to reschedule the programs. She stated that the City was able to open registration on June 4. Ms. Kienitz indicated that most of the comments her office has heard has been coming from the parents of members on the high school polo teams whose practice times and locations are being changed. They also heard from lap swimmers and participants in the City- sponsored Newport Aquatics Club swim team and junior water polo team. Ms. Kienitz reported that the City now has 692 children registered for swim classes at Newport Harbor. She added that the classes are in two -week increments so there will even be more children registered by the time lessons finish on August 17. Ms. Mentz stated that parents who have contracted with the Orange Coast Aquatics Club, Inc., a private- commercial swim club, have been contacting Council and staff. She reported that they have traditionally rented space for their swim program at the community college, but also run a program at Newport Harbor. She indicated that, when the School District saw their application, they might have thought it was the City's application and Volume 54 - Page 320 INDEX ,k� City of Newport Beach Study Session Minutes June 26, 2001 INDEX initially did not revoke their permit. She pointed out that they were also using the pool for three weeks without the school's knowledge. Ms. Kienitz reported that, after a meeting with the School District last week, the District revoked their permit because they did not feel there was a place for the club at the school. The club initially negotiated with the City to run their program if the City heats the Corona del Mar pool, as requested on tonight's budget checklist. She reported that the City will be charging the club $651hour, plus a $40/hour surcharge. She indicated that the contact person was happy, but the parents were not. She reported that the club has since renegotiated with the School District and, if they only use five lanes, they could move their program back to Newport Harbor tomorrow. Ms. Kienitz reported that the City Manager arranged a meeting with the District Joint Committee last week and that Mayor Pro Tem Ridgeway and Council Member Heffernan attended. The School District's needs were reviewed, how they got to this point, and how they got to the $422 a day fee that the City will be paying. She indicated that the Council Members present urged the City to find a way to heat both pools so that the one pool is not crowded with all the City programs and outside groups. Ms. Kienitz reported that, if Council approves the budget checklist item, there will be revenue from the surcharge and also from any outside rentals. She stated that, if both pools are heated, the classes should remain at Newport Harbor. However, the Newport Beach Aquatics Club swim team and junior water polo, and the lap swim will be at CdM. She reported that she is unsure if the City will be renting out this pool on the weekends to outside groups. In response to Mayor Pro Tem Ridgeway's question, Ms. Mentz agreed that the City should receive a reduction in heating costs if the Orange Coast Aquatics Club moves back to Newport Harbor and since Costa Mesa will also be using the pool. She stated that her contact at the School District has indicated that there will probably be something owed to the City, so the full $34,000 request may not be needed. In response to Council Member Glover's questions, Ms. Kienitz indicated that Don Watson is the organizer of the Orange Coast Aquatics Club, Inc. Council Member Glover stated that she received several calls over the weekend from people who said that Mr. Watson told them that Council was responsible for moving the classes to CdM. Further, Mr. Watson gave Council's telephone numbers to all the parents and told them to call Council. Mr. Watson also put this information on the club's voicemail system. Council Member Glover added that she is pleased that Council is considering heating both the pools. Mayor Pro Tem Ridgeway asked, if Mr. Watson negotiates with the School District to have his programs at Newport Harbor, whether the City has approval rights over the facility because of the JPA. Ms. Kienitz noted that the pool was already heavily scheduled, the City is only using it from 9:30 a.m. to 6:40 p.m., and the JPA requires that the City submit a permit to use the pool. Mayor Pro Tem Ridgeway added that Newport Harbor is still encumbered by a JPA for the times. He added that he heard Mike Fine, Assistant Superintendent of Business Services, basically say that the City should sign off on permits for any outside use. Ms. Kienitz believed that some people were issued permits because they said they were from the City and the School District assumed it was a City function. Mayor Pro Tem Volume 54 - Page 321 City of Newport Beach Study Session Minutes June 26, 2001 Ridgeway pointed out that there was a handwritten note on the Orange Coast Aquatics Club's permit that inferred that the City of Newport Beach approved their permit when no one from the City ever approved it. Mayor Adams stated that it is important that this issue be resolved long term and noted that the committee will be meeting again to discuss this. Mayor Adams indicated that he raised some questions at the last meeting about the costs. Ms. Kienitz noted that there is a requirement that pools be heated to 80 degrees in order to teach small children and that the City would be paying the difference to get the pool to 80 degrees. City Manager Bludau reported that the $422 a day fee also pays for some of the maintenance costs. Mayor Pro Tern Ridgeway stated that the Community Services Department sent the Utilities Department the District's worksheet to review the numbers, and that Utilities felt the numbers were justified; however, Council did not see their conclusion. He stated that Council needs to see these types of things and pointed out that the School District articulated their costs almost to the penny at the meeting he attended. Mr. Bludau noted that the $422 fee was based on 7 days a week/24 hours a day use since the pool is not shut down once it is heated. Ms. Kienitz clarified that she has offered to pay for 5 days a week and is unsure what the School District will be doing for the weekend. Mayor Pro Tem Ridgeway indicated that he told the School District that a 40% to 50% savings would be realized if the pools were covered and that the District stated that the pools had covers but no one ever used them. He indicated that they will be making that a part of their protocol. Mayor Adams added that, pursuant to a State Code, people who have pools are required to have a cover. Mr. Bludau indicated that a cover is one of the alternatives. Regarding heating both the pools, Ms. Kienitz clarified that the City has done minor maintenance at Newport Harbor and that the contract at Marian Bergeson calls for the City to have a surcharge and forward some of that to the School District for maintenance of that pool. She reported that the City has done maintenance at that pool, but has never charged a surcharge or have never been asked to charge a surcharge. Mayor Adams asked if forcing the City to pay to heat the pool is a violation of the JPA. Mayor Pro Tern Ridgeway expressed the opinion that the School District has had the ability to pass on operating and heating costs to the City but have not done so. 3. BATTERY BACK -UP FOR TRAFFIC SIGNALS. City Manager Bludau stated that there has been a lot of publicity over the last two months from local newspapers about whether cities will be utilizing battery backup for traffic signals. Transportation and Development Services Manager Edmonston stated that the staff report looks at what other cities have done and indicated that they visited trial vendor installations. He reported that the simplest way to operate intersections is to operate it in a flashing red indication for $3,500 per intersection rather than just having the lights black. He added that, for $8,000 per location, a signal can run normally for one to two hours but would revert to flashing red after two hours. He reported that, in order to do this, the green lights would need to be changed to LEDs, similar to the red lights. Volume 54 - Page 322 114,11113 �• Battery Back -Up for Traffic Signals (85) City of Newport Beach Study Session Minutes June 26, 2001 Mr. Edmonton stated that he had meetings with the City Attorney's office, Public Works, Police, and General Services when there were rolling blackouts last fall in order to prepare a strategy on how to handle instances of blackouts. He noted that the policy right now is to set up stop signs. He indicated that people generally know to stop when traveling on larger streets, but the bigger concern involves traffic signals that are black at lighter traveled, high speed streets. He referenced the map in the staff report that shows the locations they are proposing to work in the normal mode and which locations would have the flashing red lights. This proposal would cost about $100,000 from the Circulation and Transportation Fund. He pointed out that, if something like this were approved, it would take some time to accomplish since a lot of cities are looking at doing this and the contractors and vendors are struggling to keep up with the demand. Mr. Edmonston reported that some of the key intersections in the City are maintained by CalTrans and noted that they have already changed out all the red, yellow, and green indicators to LEDs on Coast Highway. He stated that CalTrans has a desire to provide a backup power system to the intersections but they do not know when they will start and how many locations would receive those units in the City. He added that CalTrans said they would allow the City to install the system at any of their intersections and, if they get around to installing them, would give the City back its system in order for the City to install it at another location. Regarding Mayor Adams' question regarding liability, City Attorney Burnham noted that the Vehicle Code states that a non - operational signal is to be treated as a stop sign and that he does not believe there is liability to the City for a signal that is non - operational due to a power outage. Mr. Bludau indicated that this is not on the budget checklist. He stated that they are recommending that, if Council wants to do this, they would come back with a report at the next meeting. He added that there is some question as to whether the City can use Gas Tax money for this and if Senate Bill No. 84XX would provide some funding through the California Energy Commission. Public Works Director Webb clarified that the bill relates specifically to primary locations and would not fund locations that were not on a list that they generate. Mr. Edmonston reported that the batteries should be good for three years and that a replacement battery costs about $400. He reiterated that the City has already changed most of the red indicators to LEDs and that the final batch will be received shortly to finish the change. He stated that the intersections they are proposing to conduct the pilot program have the red LEDs already installed. He pointed out that the $3,500 covers the cost of a battery backup system that would run lights as flashing red and the $8,000 covers the change out of the green indicators to LEDs and the addition of the battery backup system to run the lights in a normal operation for one to two hours. He indicated that the battery of the unit they are looking at is supposed to be good for a total of six hours (one to two hours of normal operation and the remainder as flashing red). Mayor Adams asked if it would be prudent to cover all the signals on Coast Highway. Mr. Edmonston stated that this could be done; however, CalTrans thinks they may be getting money to have some of the lights backed up. Volume 54 - Page 323 INDEX City of Newport Beach Study Session Minutes June 26, 2001 Further, once signals lag for awhile, congestion builds up and there is usually a stop anyway. Mr. Bludau stated that, if the City does not do all of the intersections, it would be easy to deploy police for traffic control. Mayor Adams expressed the opinion that, for the three main intersections, the City should provide full operation to all the signals and go to flashing red for critical signals elsewhere. Mayor Pro Tem Ridgeway indicated that he spoke with two officers Friday night who said they would be satisfied with flashing red lights everywhere. He agreed that a few intersections do warrant full operation. Mayor Adams noted that it would be difficult for emergency vehicles to weave their way to Hoag Hospital if they encountered cars at every intersection because of the flashing red lights. Mr. Edmonston indicated that he will look into whether the emergency preemption systems work on battery backup signals. Mayor Adams asked what the cost would be if full operation backup units were provided on every signal on Coast Highway, Jamboree Road, and MacArthur Boulevard; and flashing red lights at the other signals they feel would pose safety issues. Mr. Webb stated that this would require 14 more locations on Coast Highway, nine more on Jamboree, and three more on MacArthur at an additional cost of $100,000 just for the flashing red lights. Mayor Pro Tem Ridgeway suggested that this come back at a regular meeting and that the Police Department provide comments. He noted that the City has a reserve account in the Circulation and Transportation Fund and added that he does not know why the City would not proceed with the full program. Mayor Adams believed that full operation battery backup should be part of new traffic signal installations. PUBLIC COMMENTS —None. ADJOURNMENT — 5:25 p.m. The agenda for the Study Session was posted on June 20, 2001, at 3:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary dos♦ Mayor Volume 54 - Page 324 INDEX