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HomeMy WebLinkAbout01 - Minutes - Amended-: N O Ay, City Council Minutes Study Session April 9, 2013 — 4:00 p.m. I. ROLL CALL - 4:00 p.m. Agenda Item No. 1 April 23, 2013 Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council Member Selich, Council Member Henn, Council Member Daigle H. CURRENT BUSINESS 1. In response to Council Member Gardner's qa tion FregaJding Item 10 (Emergency Services Consulting International (ESCI) Professional Service gre_ement City Manager Kiff confirmed that the associated cost covers all four phases of the proj,&t. Mayor Pro Tem Hill noted that, regarding I 1 �6'(Approval of. Professional Services Agreement for East Coast Highway Traffic Signal Rehabilitation Project Design), the second highest bidder has been selected as the recommended vendor. Dep t, Public Works Director Thomas reported that the selection was made based on qualific ns�Te discussed a previous selection process for a traffic signal design project in which the 0,%UAified firm was used but now staff is recommending that the contract be awarded to th se n most qualified firm in order to allow the use of multiple consultants to do similar wo !Z nI&cated that price was not considered as part of the evaluation since the selection` was base b; qualifications, but the price was negotiated with the second most qualified firm andflh�-pric for the scope is within market rates for this type of work. City Manager Kiff added that staf 'tries solate work with one particular consultant. Regarding Item 6, Member Daigle wondered if AP -1 is being applied objectively. City Manager Kiff addres� selection process, noting that each firm's qualifications are reviewed and ranked. He reported giat top ranked firms are then reviewed in terms of pricing and whether it is within market rates. He added that the process is also in compliance with State law. Council Member Daigle reported that a resident wrote to Council with concerns regarding the details provided in Item 11 (Planning Commission Agenda /Action Report for April 3, 2013) and referenced a sign at Camelback Street that was reviewed by the Planning Commission. Additionally, Council Member Daigle reported that Council has worked cohesively on the issue of compensation and requested information regarding budget comparisons. She addressed the Tidelands funds and asked for information regarding projected revenues, proposed expenses, and cost allocations. City Attorney Harp noted that the Brown Act does not prohibit general requests of this nature from being made. In response to Council Member Henn's questions, Deputy Public Works Director Thomas indicated that a biofilm screen is an earthen filtration method to treat runoff (Item 5 - Shorecliff Road Catch Basin Modification, Reef Point Biofiltration System, Los Trancos Creek Maintenance - C- 5287); reported that the City does not control the traffic signals west of Jamboree Road and that some timing has been implemented on signals to the east, but they are not all coordinated in a timing plan (Item Volume 61 - Page 116 City of Newport Beach City Council Study Session April 9, 2013 3. it will make a difference. He spoke in support of lowering the carbon footprint for future generations. In response to a question by Lee Cassett about the effect of earthquakes on the gates, Dr. Berner reported that tidal barriers would not stop the tides and that there would be tidal fluctuations; however, there would not be any problems structurally if an earthquake occurred. Conrad Baumgartner believed that a consultant such as the presenter has self - interest in proposing this type of project. He believed that the issue should be considered slowly and referenced an article that indicates that the problem is growing at a much slower pace than originally projected. He presented a copy of the article. Jim Dastur questioned how much time it would take between now and when the gates would be operational. Council Member Selich stated that there is time to deal with'�'ll the questions, but believed that the matter should be considered in order to move forward. In response to Mayor Curry's question regarding timing, Dr. er•ner reported that the permitting phase could take up to ten years, the design ph se can to ne,y�,ea�i, and construction would take a minimum of three years. He also highlighted rely d costs p Building Manager /Chief Building Officer Jurjis- epotteU that he asked FEMA to attend this evening, but they were unable to attend because of the se uestration. He utilized a PowerPoint presentation to provide a brief history, discuss the establ6ment of the Special Flood Hazard Areas affecting the City and the City's adoption of a Floo m agement Ordinance. He reported that Balboa Island is the biggest area of concern in the C and pointed out other areas within the Special Flood Hazard Areas. He listed issues related�to�Ba boa Island and explained how property owners of properties within the flood zone can ob??���flogd insurance. Building Manager /Chief Building Officer Jurjis reported that the 1Cityvolunia'xily` participates in the National Flood Insurance Program (NFIP) and reported that it pl k v es_rnsur�nce to all participants. He addressed the purpose of the City's Floodplain Managgtment R n once, approval by FEMA, amendments to the Ordinance, and Ordinance complia ce ctors; and further explained the concepts of substantial improvement, current value, and d. eciation. In response to Council Member Selich's inquiry, Building Manager /Chief Building Officer Jurjis explained the basis fbi the determination of the average construction costs per square foot to be $300 /sq. ft. Mayor Pro Tem Hill suggested that if true construction costs are required to establish the average, a survey of ten contractors that build nothing but homes should be obtained in order to obtain accurate figures. Council Member Henn reported that his insurance broker reappraises his home every so often in order to obtain accurate construction costs. Building Manager /Chief Building Officer Jurjis reported that land is not included in the value and noted the need to depreciate the current value of the structure. Council Member Daigle reported speaking with the City's lobbyist who indicated that the matter was overhauled by FEMA in the past year. She indicated that the lobbyist volunteered to do an analysis. Building Manager /Chief Building Officer Jurjis affirmed that there were changes made to FEMA, but indicated that FEMA was unsure as to how the new laws would affect the City. Building Manager /Chief Building Officer Jurjis addressed the new depreciation schedule and presented pro forma examples between the old analysis and the new. He deferred to Arnold Mello from WNC First Insurance Inc. for a presentation relative to private flood insurance. Volume 61 - Page 118 City of Newport Beach City Council Study Session April 9, 2013 because of the new guidelines and because his homes were not high enough. He further questioned the sincerity of WNC First Insurance Inc. Joe Panino questioned the depreciation schedule and suggested it may need to be considered for adjustments. Diane Bach believed that the FEMA program is punitive and took issue that it goes against preserving the older houses on Balboa Island. Dr. Dale Berner addressed whether the tidal barrier would lower the base flood elevation. He noted that this is dependent on whether the U.S. Army Corps of Engineers has certified it, but stated that it is possible. Tom Houston believed that this is an overreaction. He addressed improvements in dams and the Santa Ana River Channel and wondered why FEMA does n t` recognize that there is an existing seawall and a Harbor entrance. He questioned whether the MA guidelines are being applied equally elsewhere in the United States and stressed that the Citi�Ydoes not have the same type of problem that occurred on the east coast or Gulf coast. Q Building Manager /Chief Building Officer Ju height and indicated that the study was not a did not consider the seawall Jack Northrop reported recently purchasing flood Tsuranke for about one -third the cost of the FEMA policy and indicated that it was accepted by th lende-- when he refinanced his home. He questioned the benefits of the FEMA program compayed t private insurance, and- believed that the matter should be researched and that the City Should consider withdrawing from the FEMA program depending on the results. Lee Pearl addressed problems w a Ja Island residents not being able to do improvements to their homes due to the FE- . ide es and believed that the proposed changes are beneficial to residents. He thagked CounW �and�staff for helping Balboa Island. Lyle Dawn commented o- Whe- cottages on Balboa Island and reported that his FEMA rates have gone up substantially. Ae st t hat construction costs are higher than $300 /sq. ft. and wondered why homeowners should l e�'forced to comply with FEMA regulations if they opt for self- insurance. Terry Jansen commei � qed Council and staff for reacting so quickly to the issue. He believed that, if the cost of constructiA is raised, it may cause other issues to go away where they may otherwise be exempt. Ann Mariette reported that she is a member of the CERT program and that issues of concern are earthquakes and liquefaction. In terms of flooding being a 100 year event, she believed that it may be prudent to discuss the issue of liquefaction with the Fire Department and asked if liquefaction is considered a flood. Jim Dastur referenced a staff report presented to the Tidelands Management Committee in March 2012, indicating that, according to 2010 tide projections, a 100 year flood would impact approximately 514 properties on Balboa Island and the number would increase going forward. He addressed recommendations within the report relative to increasing the seawall and related costs, and asked if consideration is being given to raising the wall by six inches in the short term. Council Member Selich indicated that the new construction costs and depreciation schedule have helped, but stated that he would like to see if those figures can be increased. He noted that flood insurance rates are extremely high and believed that $50,000 would be a modest investment to Volume 61 - Page 120 City of Newport Beach City Council Minutes April 9, 2013 actions taken VII. PLEDGE OF ALLEGIANCE - Council Member Henn VIII. INVOCATION -Mr. Frank Carpenter IX. PRESENTATIONS MADD Deuce Awards for Police Officers who had 25 -99 DUI Arrests - Continued Presentation from Jenny Conde regarding the Vest -A -Dog OC Chapter - Continued Presentation of Donate Life Month Proclamation Mayor Curry read the proclamation and presented it to the Donamife representatives! Rosemary O'Meeghan, M.D., Critical Care Physician at Hoag Memori Hosita1, thanked Council for its continued support and commented on the gifttof life p o de `by"organ and tissue donors. She discussed the number of people on the waiting leis for nargaJtransplantation and mentioned the number of people who die waiting for organ transp ants,, r get Hood, Donate Life Ambassador, provided personal testimony of her brother's donation`s Ins kidney to save her life. She reported that the average wait time for a kidney is ten ears and that many people end up dying while waiting. She thanked Council for its support and h@lping to create awareness. X. NOTICE TO THE PUBLIC XI. DISCUSSION ITEM) Council Member Gardn Ziocus ed We issue of identity theft and requested a future presentation from the Police Department o how, pr`l vest it and what should be done if it happens. She also referenced a recent seminar regarding s nd up paddling and safety, noted that the U.S. Coast Guard Auxiliary provided numerous brochures on water safety, and encouraged staff to make this information available to the public. Additionally, s�ie reported that a specific brochure has been created by Letty Giang on stand up paddling and requested that staff consider providing copies of the brochure to businesses that rent out paddle boards. Council Member Petros reported that two major initiatives in Newport Beach will be recognized by the American Planning Association at a ceremony on May 8, 2013: The Newport Banning Ranch Project and the Neighborhood Revitalization efforts undertaken by the City. He reported that Hoag Memorial Hospital was recently honored by two industry organizations for clinical excellence and presented details of the acknowledgements. Mayor Pro Tem Hill reported that the City is in the process of accepting applications for the Bicycle Master Plan Oversight Committee and stated that the filing deadline has been extended to April 26, 2013. He acknowledged the successful move of City Hall from one location to another by staff, and commended staff for its efforts. He also reported that his third child, Lindsay, recently was wed. Council Member Daigle recognized the proactive efforts of the Stand Up Paddleboarders (SUP) for their ongoing education efforts. She reported that the Port of Long Beach will be issuing a call for contaminated material into their middle harbor project. She addressed the successful mobilization of Volume 61 - Page 123 City of Newport Beach City Council Minutes April 9, 2013 issues. He hoped that other City departments would bring'matters forward'for public discussion and consideration, especially when the issues will impact residents. Motion by Council Member Petros, seconded by Council Member Selich to authorize the Finance Director to direct the Ca1PERS Actuary to not phase -in the impact of the most recent changes in actuarial assumptions and implement a "fresh start" liability amortization methodology for both the miscellaneous and safety plans. 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 Henn, Council Member Daigle XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS Charles Griffin commented on fire rings and suggested piping in naifttral gas to the fire rings to replace the need to burn wood. He also suggested replacing natural gas with —ogen as a new source of energy. Council Member Gardner reported that natural gas was considered, liut inRicated that could be a problem with high tides. Further, there was concern that theiheavy maw'' ery used to clean the beaches would rupture gas lines. Reid Ling and Kira Wandrocke, Newport arbor High `hool\Fsnvironmental Surf Class, believed that the City should ban plastic bags from retail stores in the Ci y�hey reported that they have teamed up with the Corona del Mar High School Environmental �Awigt Club who are also in support of banning plastic bags. They noted that the City of Huntington Beach recently banned plastic bags from their stores and believed that it is time for the City to join Atbpbaagon. They noted that it is not just a political and aesthetic issue, but an environmental is�& e. Whey emphasized the hazards of plastic bags to the environment, ocean life, and subsequently hV. A health. Stephanie Barger, Earth Resource`iiouridation, announced that the Sage Hill Club is showing a documentary entitled, 'y4ag It ", on W" i1�18, 2013 at 8:00 p.m. at the OASIS Senior Center and invited the public to attend. Regar ing�fre�uings, she noted that early in the morning, many of the fire rings are still burning, along with trash and debrrs and requested that the City follow -up on the fires. Jim Mosher noted that We JWA EIR process begins with a public scoping meeting and questioned whether Council has direct d staff to keep residents informed about the EIR activities. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner reported visiting the City of Pasadena to review their parking solutions. She reported attending the League of California Cities (LCC) Environmental Quality Committee meeting where it was noted that the League supports fees for single -use bags and opposes any effort at the State level to stop cities from imposing fees. She added that they formed a subcommittee to report back on potential changes to CEQA in terms of its utilization when it comes to litigation. She asked that if staff or other Council Members have any suggestions, to email them to her to ensure that they get to the subcommittee. Council Member Daigle reported that the Aviation Committee will continue to update information on the City's website. City Manager Kiff noted that the MOU will be before the County Board of Supervisors on April 16, so they have not yet signed the MOU relative to JWA. Council Member Daigle also announced that she has been re- elected to another term on the Southern California Association of Governments (SCAG) to represent District 15. She noted that she received an Volume 61 - Page 128