HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
April 23, 2013
F
City ,Council Minutes
Study Session
April 9, 2013 — 4:00 p.m.
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I. ROLL CALL - 4:00 p.m.
Present: Council Member Gardner, Council Member Petros, Mayor Pro Tem_Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
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II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR
In response to Council Member Gardner's question regarding Item 10 (Approval of On -Call Repair
Services Agreement for Sidewalk GrindingServices), City Manager Kiff confirmed that the associated
cost covers all four phases of the project. i1
Mayor Pro Tem Hill noted that, regarding Item 6`(Approval of Professional Services Agreement for
East Coast Highway Traffic Signal Rehabilitation ProjecVl)cbign), the second highest bidder has been
selected as the recommended vendor. Deputy Public Works 'Director Thomas reported that the
selection was made based on qualifications. lib discussed a previous selection process for a traffic
signal design project in which the ;most qualified firm was used but now staff is recommending that
the contract be awarded to the second most qualified firm in order to allow the use of multiple
consultants to do similar Work. He indicated that —rice was not considered as part of the evaluation
since the selection was based,on'quah- ications, buc;the price was negotiated with the second most
qualified firm and the +price For the scope is:within: market rates for this type of work. City Manager
Kiff added that staff tries not to isolate work with one particular consultant.
Regarding Item 6, Council _Member' Daigle wondered if AP -1 is being applied objectively. City
Manager -Kiff addressed the selection process, noting that each firm's qualifications are reviewed and
ranked. He reported that tap 'ranked firma are then reviewed in terms of pricing and whether it is
within marketrates. 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
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6). He added that the project will allow for coordination for signals east of Jamboree Road.
In response to Council Member Henn's question relative to Item 12 (Newport Peninsula July 4th
Parade and Festival Request for Waiver of Council Policy L -16 - Temporary Banners Extending Over
the Public Right -Of -Way), City Manager Kiff indicated that the July 4th West Newport Safety
Planning Committee meeting will be scheduled soon.
2. NEWPORT HARBOR ENTRANCE TIDAL GATE PRESENTATION
City Manager Kiff reported that the same presentation was
Committee.
Council Member Selich introduced the item and noted
has been looking at reconstructing old seawalls along
obsolescence. He indicated that one of the ideas was to i
Dr. Dale Berner, Ben C. Gerwick, Inc., provided
review of a tide control structure at the Harboi+
firm, including details of former projects, types of
gates and off -site prefabrication. He addressed tl
of removing some of the seawalls, flooding and im
scenarios, the National Research Council's (NRC
and the timing of sea level rise protection, d
floodgate solution may be easier to gain appro
raising seawalls. He reported that as sea level
analysis and restrictions, the FEMA flood insura:
the top of the Balboa Island 'seawall, tide'valve
risks of inundation, and,possibl'e mitigation. He i
turf and clay top layers on lower areas and add
provided an overview,,of the proposed location a
well as a conceptual proposal -to use a 600 -foo
illustrated a _600 -foot ''pass; propgsed_ tidal
configurations and- a,400466t.pass.
given. to the Tidelands Management
is Management Committee
they reach their structural
,ontrolstructure.
a�PowerPoint presentation-16 , discuss a conceptual
entrance � He presented information regarding his
lood,gates they have used, and advantages of using
aINpwport Harbor floodgate concept, the possibility
ndabo'ns, sea level rise, various global sea level rise
sea level rise recommendations for the west coast,
isk to the (�)mmunity. Dr. Berner stated that the
a1 from the' California Coastal Commission than
sea` the tide Also increases and addressed FEMA
ce rate map -for Newport Harbor, survey results for
locations it Newport Harbor and local elevations,
etailed a process used in the Netherlands of placing
eased FEMA risk areas and jurisdiction lines. He
3 preliminary design considerations and values, as
pass bottom hinge gate barrier. In addition, he
'water-exchange cross - sectional areas, possible
In response to Council Member H'enn's concerns about the Peninsula, Dr. Berner reported that grassy
mounds, or berms can be ended in 'low -level Peninsula areas with minimal cost. Council Member
Gardner ' referenced previouR?dredgingi.where it was placed off -shore and believed that there will be
opportunities for establishing berms in the future. She addressed the need for educating residents
that berms i ay „cause a lossin views, but may also protect their homes. She indicated that if an issue
develops, the Coastal Commission will be less of a concern because it will not just be Newport Beach
asking for protection, but,'rather the entire State or Nation. She addressed cost advantages to
piecemealing the project;
In response to Council Member Petros' questions, Dr. Berner discussed the operation of the gate and
possible adjustments needed in the future, like scheduling arrivals and departures during high tides.
In reply to Council Member Selich's questions, Dr. Berner reported that if the City is satisfied with
negotiations with FEMA, raised the seawall to +10 elevation, and used the current State guidance for
sea level rise, the systems would become questionable by 2030 or 2035 as to whether or not they
would be working. He pointed out that the tidal barrier would provide additional protection to +15
elevation for the same price.
Mark Tabbert reported that everyone has the power to do something about climate change but no one
is addressing it. He stated that a carbon tax will be implemented in the near future and believed that
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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.
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Jim Dastur questioned how much time it would take between /how and when the gates would be
operational.
Council Member Selich stated that there is time to dealrwth all the questions, but believed that the
matter should be considered in order to move forward..''
In response the Mayor Curry's question regarding timing; Dr. Berner reported'that the permitting
phase could take up to ten years, the design phase;can; take one year, and construction would take a
minimum of three years. He also highlighted related costs.
Building Manager /Chief Building Officer Jurji's- reported that he�asked FEMA to attend this evening,
but they were unable to attend because ofthe sequestration. Hey utilized a PowerPoint presentation
to provide a brief history, discuss the establishment o`f-- the.= SpecialTlood Hazard Areas affecting the
City and the City's adoption oi a Floodplain Management Ordinance. He reported that Balboa Island
is the biggest area of concern in. the City and pointed out other areas within the Special Flood Hazard
Areas. He listed issues related to Balboa Island and explained how property owners of properties
within the flood zone',can obtain flood insurance. Building Manager /Chief Building Officer Jurjis
reported that the City volunta'r'ily participates in the National Flood Insurance Program (NFIP) and
reported that it_provide`s insurance to all- participants. He addressed the purpose of the City's
Floodplain.-Management Ordinance, approval ='hy FEMA, amendments to the Ordinance, and
Ordinance compliance- factors;;and further explained the concepts of substantial improvement,
current "value, and depreciation.
In response to Council Member Selich's inquiry, Building Manager /Chief Building Officer Jurjis
explained the basis for the determination of the average construction costs per square foot to be
$300 /sq. ft. Mayor Pro TemHill 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.
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Arnold Mello, WNC First Insurance Inc., addressed private flood insurance, including elements
considered in determining risk. He reported that the program is currently under suspension due to
audits being conducted. He reported that each risk is considered individually and reported that his
company has written flood insurance for Balboa Island homeowners. He reported that FEMA has
established criteria for private flood insurance to be acceptable and addressed rates, noting that some
of their rates have been lower than FEMA rates; however, private insurance is generally more
expensive than FEMA. He reported that risks under FEMA are shared and reported on a special
program set up for the City of Visalia.
Building Manager /Chief Building Officer Jurjis addressed the proces's'of opting out of FEMA and
noted there is no prohibition for opting back in. Community Development Director Brandt added
that, in order to maintain access to the FEMA program, the City,.'s Qrdinance will need to be updated
when the Federal government requires updating. If the City decides to opt out, the Ordinance would
need to be re- adopted at such time that it would opt back into the, FEMA program. Building
Manager /Chief Building Officer Jurjis further addressed gossible next steps and related costs.
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Discussion followed regarding the possibility of establishinga special privaie,imderwritten program
for every resident of Balboa Island.
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Council Member Gardner addressed the issue of haying to raise homes. She pointed out that the
FEMA program encourages homeowners to be flood averse.
Mayor Pro Tern Hill stated that there are-two different issues: how to protect Balboa Island from
flooding and how to allow access to less co'stly - flood insurance46x residents. Council Member Selich
added that the ability to do modest remodels to homes'on. Balboa'fsland became difficult under FEMA
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regulations.
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Building Manager /Chief,Building Officer Jurjis reported that raising seawalls may change the flood
zone map and added that, if the City opts out of the FEMA program, the entire City would opt out.
He stated that, if there were?a disaster due to flooding and the City participated in the FEMA
program, there may be. access.to Federal funds. He added that, when homes are torn down or
remodeled, the_homeownermuA comply with requirements for higher elevations for the
new/remodelled-home.'
In response to Council Member Henn's questions, Mr' Mello reported that under the private program,
homer lwere not required to comply .with the new FEMA guidelines. He added that the same would
apply to..homes on Balboa Island and explained the factors associated with determinations of risk. He
pointed out private providers can make up their own underwriting rules.
Conrad Baumgartner reported that he has been a licensed general contractor for many years and that
construction costs exceed $300 /sq. ft. He added that a builder on Balboa Island is quoting $400 /sq. ft.
He noted other issues related to costs and indicated that his private flood insurance rate is quite a bit
less than the FEMA program. He distributed a letter for review by Council and reported that FEMA
ignored that the jetty would have any effect on controlling storms, that Balboa Peninsula is a barrier
island, and that the City has an existing seawall.
Craig Ryffel reported that $300 1sq. ft. for remodel construction costs is reasonable, but that it would
cost at least $400 /sq. ft. to build a new home.
Don Abrams reported that the new guidelines are a huge improvement and thanked the City. He
noted that only eight homes on Balboa Island are at the 9 foot level. He reported that he owns two
homes on Balboa Island, received a new flood insurance bid from FEMA for $2,200 a year, and
contacted a representative of WNC First Insurance Inc. who quoted $695 a year for both of his
homes. However, he reported that when the application was submitted to Mr. Mello, it was rejected
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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 Engineershas 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 not recognize that there is an existing
seawall and a Harbor entrance. He questioned whether the FEMA guidelines are being applied
equally elsewhere in the United States and stressed'that,:the City does not have the same type of
problem that occurred on the east coast or Gulf coast.
Building Manager /Chief Building Officer Jurjis reported that FEMA did not consider the seawall
height and indicated that the study was not a detailed'study.
Jack Northrop reported recently purcha's' g-flood insurance for about one -third the cost of the FEMA
policy and indicated that it was acceptedtby`the, lender when he.refinanced his home. He questioned
the benefits of the FEMA program compared tto'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 with Balboa Island residents not being able to do improvements to
their homes due to the FEM- A'guidelines and'believed that the proposed changes are beneficial to
residents. He thanked- Council and staff for helping Balboa Island.
Lyle Dawn commented on ilie cottages on"Balboa 1'sland and reported that his FEMA rates have gone
up substantially. He stated that construction'costs are higher than $300 /sq. ft. and wondered why
homeowners should be forced to comply with FEMA regulations if they opt for self- insurance.
Teriy'Jansen commended Council arid� staff for reacting so quickly to the issue. He believed that, if
the cost of'construction 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 is of liquefaction with the Fire Department and asked if liquefaction is
considered a flood.
Jim Destrow 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
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validate the FEMA study. He stated that, if the study results in an increase, the City would continue
with the FEMA program.
Council Member Gardner expressed concerns related to the Visalia issue where more properties were
included in the flood plain.
Mayor Curry reported that the City is in the FEMA program because it provides a means to flood
insurance when there are issues with the market. He explained the reasoning behind the FEMA
program and the toll it can take on taxpayers. He agreed with Council Member Selich's suggestion to
relook at the formula in order to allow residents to perform improvements to their homes.
Mayor Pro Tern Hill agreed and added the need to encourage the'&ivate insurance sector to provide
flood insurance programs.
4. RESIDENTIAL LOT MERGERS
Council Member Gardner reported that the aforementioned was a result of the Planning Commission
addressing the issues on the Ocean Boulevard project. Slie suggested that the item be presented to
the Planning Commission to develop recommendations, '
ecommendations prior to the item being presented to Council.
It was the consensus of the City Council to have the item considered by the Planning
Commission.
III. PUBLIC COMMENTS - None
IV. ADJOURNMENT - 6:15 p.m.
The agenda for the Study- 'Sessoin was posted-on April 4, 2013, at 4:30 p.m. on the City Hall
Bulletin Board located putside of the City of `Newport Beach Administration Building at 3300
Newport Boulevard; and on.April;i4, 2018, at 6:35 p.m. on the City Hall Bulletin Board located in
the City Council Chambers vestibule -at 100 Civic Center Drive.
Recording Secretary
City Clerk
Mayor
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I. , i�C v4- 4 L
City Council Minutes
Regular Meeting
April 9, 2013 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 6:15 p.m
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATIOI'T (Government Code § 54957):
Title: Dave Kiff, City Manager
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code §
54956.9(d)(1)): 2 matters
1. Hyun Myung Suk u. City ofNewport`- Beach, et. al.
Orange County Superior Court Case No. 30- 2012 - 00577284,.
2. Suayl Chung u. City of.Newport Beach, et. al.-."
Orange County Superior Court Case No. 30 =2012- 00576929
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C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Heading — Agency` Desrgriated;lZepresentatives: Dave Kiff, City Manager and Terri
Cassid3i,- Deputy`City'Mi3nager and Human Resources Director; Negotiators
` Employee Organizations. ;All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); `Newpori'I} each City Employees Association (NBCEA); Newport Beach
Employees League (LABEL); Newport Beach Firefighters Association (NBFA); Newport Beach
Fire Management Association (NBFMA); Lifeguard Management Association (NBLMA);
Newport.,Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association
(NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach
Professional and Technical Association (NBPTEA)
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Harp reported that there were no reportable
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actions taken
VII. PLEDGE OF ALLEGIANCE - Council Member Henn
VIII. INVOCATION - Mr. Frank Carpenter
IX. PRESENTATIONS
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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 Donate "Life Representatives.
Rosemary O'Meeghan, M.D., Critical Care Physiefan at,Hoag Memorial Hospital,, thanked Council
for its continued support and commented on the- gift,of life provided by organ and tissue donors.
She discussed the number of people on the waiting „lists for organ transplantation and mentioned
the number of people who die waiting for organ”, transplants. Bridget Hood, Donate Life
Ambassador, provided personal testimony of her brothels donation of his kidney to save her life.
She reported that the average wait t me,for.a kidney is ten-years and that many people end up
dying while waiting. She thanked Council for'iis support and helping to create awareness.
X. NOTICE TO THE PUBLIC
M. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD
LIKE PLACED ON A FUTURE'AGENDA FOR. DISCUSSION, ACTION OR REPORT (NON -
DISCUSSION ITEM)
Council Member Gardner disc6ss'4 the issuerof :identity theft and requested a future presentation from
the Police Deparimenf on`how to prevent it and what-should be done if it happens. She also referenced a
recent seminar regarding stand 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, she reported that ,a, specific brochure has been created by Lety Young on stand
up paddling and,requested that staff consider providing copies of the brochure to businesses that rent out
paddle boards.
Council Member Petrok reported'Jthat 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
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contaminated material by the City, requested consideration for additional dredging, and requested it be
determined if this is something the City would like to do on its own or if it should involve the U.S. Army
Corps of Engineers.
Council Member Henn announced that the Balboa Village Advisory Committee (BVAC) will meet on April
10, 2013, at 4:00 p.m. at ExplorOcean and addressed items on the agenda. He reported that the Finance
Committee will meet on April 22, 2013 at 4:00 p.m. and reported that the Newport to Ensenada Race will
kick off on April 26, 2013 at noon at the Balboa Pier. He noted that Balboa Village is positioning itself as
Race Central for the Newport to Ensenada Race and presented details of the two events: Lexus N2E Race
Kick -Off Party, Stroll, Sample and Sip, on April 21, 2013, from noon to 5:OQ�p.m.; and Fiesta in the Fun
Zone on April 25, 2013, from 5:00 p.m. to 11:00 p.m.
Mayor Curry announced the upcoming celebration of the completion ofY dredging in the Lower Bay on
April 17, 2013 at 2:30 p.m. at the Newport Harbor Yacht Club., He acknowledged the completion of the
move to the new City Hall facility and announced that the Civic enter Community Celebration will occur
on May 4, 2013, from 10:00 a.m. to 1:00 p.m. He reported that Vanis Buckholz; ho gave a presentation to
Council on his recycling business on January 22, 2013, haAeen awarded the Poibis.of Light Award from
former President George H. W. Bush for his recycling, bi fiiiative: -Mayor Curry also addressed the loss of
pets to coyotes in the Back Bay area and requested that- staff ,consider the feasibility of installing warning
signs in the area. He noted the last update of the Newpo' General Plan and requeste&that staff return
to Council with a list of General Plan Elements that should`be reviewed and a schedule for the process.
Further, he indicated that staff should also obtain community input regarding the possible changes.
3 II. PUBLIC COMMENTS ON CONSENT CALENDAR-
City Clerk Brown announced that the motions associated wth:the, Consent Calendar should also include
the amendments to the Minutes ,(Item 1), amended attachment' to'the Resolution in Item 3 (Finance
Committee Charter Update), an• amended Resolution relative to the effective date for Item 4 (Addition of
Off- Street Meter Parking,&nes), and a corrected, contract (Attachment C) associated with Item 8
(Approval of On -Call Repair Services Agreements for Underground Utility Installation and Repair
Services).
Regarding Item 13,[Required Navigation Perforrnnace -(RNP) Departures for John Wayne Airport (JWA)],
Council Membei baigle recognized t6, participation'of citizens on the Aviation Committee, as outlined in
the staff report, and noted that -Ahis is'`another groundbreaking initiative by the City to be a leader in
managingrthe impacts of the JWA on thb`.community. She thanked Aviation Consultant Tom Edwards
and City Manager Kiff.
Council Member Henn noted that' he recused himself on Item 11 (City Hall Complex Reuse Amendments)
at the March 26, 20'13,meeting and, therefore; would like the record to reflect that he abstains as to the
approval of that item iiiithe voting to approve the Minutes for that meeting on tonight's agenda (Item 1).
Regarding Item 12 (July 4th Banners), he noted that it is another step forward in the City's strategy to
change the culture in West•Ne-wport Beach on the Fourth of July holiday from anything goes to family
fun.
Regarding Item 12, George Schroeder believed that the banners are not needed because it might attract
more people to the festival than the event can handle.
Regarding Item 13, Charles Griffin discussed his experiences working on navigation systems and
addressed the global positioning system. He urged Council to promote the development and utilization of
the automatic air -speed hold mode for auto -pilot to make airplanes fly quieter over the Bay.
Jim Mosher referenced written comments submitted prior to the meeting and commented on Item 10
(Emergency Services Consulting International (ESCI) Professional Services Agreement). He believed that
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Item 10 is not a focused evaluation as recommended by the Grand Jury and that the direction given by
Council regarding this item was vague. He suggested that Council provide direction to staff as to what
Council wants an outside entity to evaluate and for staff to provide an estimate of the true costs involved
in embarking on the project.
](III. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
I. MINUTES FOR THE MARCH 26, 2013 STUDY SESSION AND REGULAR
MEETING. [100 -20131 Waive reading of subject minutes', approve as amended, and order
filed. Council Member Henn abstained'on this item. -i
2. READING OF ORDINANCES. Waive reading in full ',of all ordinances under
consideration, and direct the City Clerk to read.-by title only.
B. RESOLUTION FOR ADOPTION
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3. FINANCE COMMITTEE CHARTER UPDATE. [100 -20131 Adopt amended Resolution
No. 2013 -32, A Resolution of the City Council of =the City of Newport Beach Amending the
Duties and Responsibilities of the. Finance Committee.,
C. CONTRACTS AND AGREEMENTS
5. SHORECLIFF ROAD CATCH,, BASIN MODIFICATION, REEF POINT
BIOFILTRATION SYSTEM, LOS TRANCOS CREEK MAINTENANCE - AWARD OF
CONTRACT,NO. C -5287. [381100 - 20131 Approve the project drawings and specifications;
b) award Contract No. 5287 to Ted Enterprises, Inc., (Ted Enterprises) for the total bid price
of $241,691.00, and authorize the Mayor, and the City Clerk to execute the contract; c)
establish-- a.- continggncy of _$2A 000.00,_ ;approximately 10 percent, to cover the cost of
unfor-ese'en ' work;- and`d),approve Bu d get Amendment No. 13BA -037 transferring $36,191.00
from Account `7012- C2502010 (Storm Drain Interceptors) to Account 7014- C5002006
(Newport Coast ASBS).
6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY -HORN
AND'; ASSOCIATES, INC., FOR EAST COAST HIGHWAY TRAFFIC SIGNAL
REHABILITATION" PROJECT DESIGN (C- 5418). [381100 -20131 Approve a
Professional.Servic6s Agreement with Kimley -Horn and Associates, Inc. ( Kimley- Horn), of
Orange, California.' for design services for the East Coast Highway Traffic Signal
Rehabilitation `Lf;roject at a not to exceed price of $124,800.00, and authorize the Mayor and
City Clerk to execute the Agreement.
8. APPROVAL OF ON -CALL REPAIR SERVICES AGREEMENTS FOR
UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES. [381100-
20131 a) Approve an on -call repair services agreement with GCI Construction, Inc., for
underground utility installation and repair services (C- 4695), and authorize the Mayor and
City Clerk to execute the agreement; b) approve an on -call repair services agreement witb
Mike Kilbride, Ltd., for underground utility installation and repair services (C- 3883), and
authorize the Mayor and City Clerk to execute the agreement; and c) approve an on -call
repair services agreement with Steve Bubalo, Construction Co., Inc., for underground utility
installation and repair services (C- 5420), and authorize the Mayor and City Clerk to execute
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the agreement.
9. APPROVAL OF ON -CALL REPAIR SERVICES AGREEMENT WITH CENTRAL
COAST SURFACE GRINDING, INC. FOR SIDEWALK GRINDING SERVICES (C-
4011). [381100 -2013[ Approve the agreement with Central Coast Surface Grinding, Inc. for
on -call sidewalk grinding services for a period of five years.
10. EMERGENCY SERVICES CONSULTING INTERNATIONAL (ESCI)
PROFESSIONAL SERVICES AGREEMENT (C- 5417). [381100 -2013] a) Approve and
authorize the City Manager to execute the Professional Sergices Agreement with ESCI; and
b) approve Budget Amendment No. 13BA -038 to transfer 115,962.00 from General Fund
account 010 -3605 to Fire Administration Division account'2310 -8088 to fund the project.
t!
D. MISCELLANEOUS ;
ij �•
11. PLANNING COMMISSION AGENDA FOR APRI': 3, 2013. [100 - 20131 Receive and file.
12. NEWPORT PENINSULA JULY 4TH PARADE AND FESTIVAL REQUEST FOR
WAIVER OF COUNCIL POLICY L -16 `,TEMPORARY BANNERS EXTENDING
OVER THE PUBLIC RIGHT -OF -WAY. [100 '80331 Waive City Council Policy L -16 and
approve the request of the Newport Peninsula July,4th Parade and Festival Committee to
install 33 banners for display from June.,10,,2013 to Julp *8; 2013 along Balboa Boulevard and
32nd Street. `
13. REQUIRED NAVIGATION PERFORMANCE (RNP) DEPARTURES FOR JOHN
WAYNE AIRPORT (JVVA). [100- 2073],,Authorize the Mayor to send a letter to the FAA
regarding the development of the RAWLZ departure procedure.
Motion by Mayor Pro Tenn -$i1L` seconded by Council Member Petros to approve the Consent
Calendar, except for, the Jtems removed'(4, 7,and 14), "and noting Council Member Henn's abstention on
Item 1 as it relates to Item 11,of the'March 26, 2013 Regular Meeting Minutes.
The motion carried by the following roll-call vote:
Ayes: CouncihMember Gardner, - Council Member Pettus, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. ADDITION OF OFF- STREET PARKING METER ZONES. [100 -20131
Council Member Gardner requested clarification regarding the Resolution relative to the flat rate
charged for automobiles. She believed that one of the selling points for investing in the parking
meters was that there would be an ability to charge hourly rates in Big Corona so that people
would be invited to attend.
City Manager Kiff acknowledged that this is the goal, but staff is taking steps toward forming a
Parking Meter District under the Resolution and other recommendations will be made in refining
the timing and rate. He added that staff will be moving in that direction.
Motion by Council Member Gardner, seconded by Mayor Pro Tern Hill to adopt amended
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Resolution No. 2013 -33: A Resolution of the City Council of the City of Newport Beach Establishing
Off - Street Parking Meter Zones for the Balboa Pier Parking Lot and the Corona del Mar State Beach
Parking Lot, and Rescinding Resolution No. 2010 -40, to establish the Balboa Lot and the Corona
del Mar Lot as off - street parking meter zones and establish rates for the new zones consistent with
the fees presently charged by the City to park in the lots.
Jim Mosher believed that staff is moving. too fast and believed that the proposal will need a Coastal
Development Permit for the installation of meters, the rate structure, and how the expanded hours
will affect public access. He further believed that the California Coastal Commission will consider
if this will actually provide the convenience that an attended parking 1- d0provides.
The motion carried by the following roll call vote: f
_r
Ayes: Council Member Gardner, Council Member Petros,, Mayor \Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member.; Daigle
.t
7. AGREEMENT BETWEEN THE CITY OF.JNEWPORT BEACH AND SAILING
FASCINATION TO BERTH AT THE BALBOA ,YACHTiBASIN, LOCATED, AT 829 HARBOR
ISLAND DRIVE, AND A REQUEST FOR k- BELOW'MARKET RENTAIL,`RATE (C- 5419).
1381100 -2014
City Clerk Brown noted that page 3 of the agreementwas amended.
Council Member Gardner questioned` wlie her general guidelines should be established in the
future for waiving or reducing fees.
Council Member Daigle agreed with Council Member-Gardner's suggestion and added that a list of
non -profit organizations should be generated %to consider whether or not they would be exempt.
Motion by Council- Member Gardner, sectinded by Council Member Henn to a) approve a
five year slip rental agreement with an annual rent of $1.00 per year which is below fair market
value, based on the findings contained in the staff report and in the Slip Rental Agreement, that
charging less than fair market value promotes the City's goals to provide an essential or unique
service to- the community'that cannotothervise be provided if full market rates were charged.
SpecifcAh' , the reduced - ,rental rate promotes public recreation facilities and marine services to the
physically and intellectually disabled public; and b) approve a waiver of City Council Policy F -7,
and: authorize the City Manager or, his/her designee to enter into an agreement with Sailing
Fasciration.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Patios, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
14. CALPERS RATE ADJUSTMENT ELECTION AND FIXED DECLINING AMORTIZATION
PERIOD (C -563). (381100 -2014
Council Member Petros acknowledged the work of the City's Finance Department and Council
Member Henn on this issue in reducing the City's unfunded pension liabilities.
Mayor Curry added that the City is voluntarily applying more conservative rules in how the City
calculates its liability and reducing the overall cost to taxpayers.
Jim Mosher commended the Finance Department for its efforts and addressed the amortization
schedule; however, contrasted the issue with the earlier Study Session discussion relative to FEMA
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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 CalPERS 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
s.'
l i
XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS -;
w
Charles Griffin commented on fire rings and suggested piping -in natural gas-to the fire rings to replace
the need to burn wood. He also suggested replacing natural-gas with hydrogen a`s.2 ^new source of energy.
l_
Council Member Gardner reported that natural gas was considered, but indicated that could be a problem
with high tides. Further, there was concern that tlie'ii6avylmachinery used to clean the beaches would
rupture gas lines.
/IM
Reid Ling and Kira Wandrocke, Newport High School Environmental Surf Class, believed that the City
should ban plastic bags from retail stores in the City..- They reported that they have teamed up with the
Corona del Mar High School Environmental Activist-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 the bandwagon: They noted that it is not just a political and
aesthetic issue, but an environmental issue. They ,emphasized the hazards of plastic bags to the
environment, ocean life, and sulisequently human Health.
r�
Stephanie Barger, Earth, Resource:' Foundation, announced that the Sage Hill Club is showing a
documentary entitled, "Bag It "; on April 18, 2013 at 8:00 p.m. at the OASIS Senior Center and invited the
public to attend. Regarding 6e.rmgs, she4nuted_that early in the morning, many of the fire rings are still
burning, along with-tr"h -and debris,: and requested that the City follow -up on the fires.
Jim Mosher noted that the JWA EIR.,process begins with a public scoping meeting and questioned
whether Council has directed staff to keep residents informed about the EIR activities -
Council Member Gardner reported visiting the City of Pasadena to review their parking solutions. She
reported attending the League'..o£ California Cities (LCC) Environmental Quality Committee meeting
where it was noted that tle`L'eague 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
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invitation from the Metropolitan Water District (MWD) to visit the Delta where the focus will be on how
California will be solving some of its water problems and ways to import more water.
Mayor Curry reported attending a meeting of the Orange County Mayors at Concordia University to
discuss the challenges of leading a city and address economic development.
XVII. PUBLIC HEARINGS
15. REVISIONS TO PREVIOUSLY ADOPTED RESOLUTIONS FOR +GENERAL PLAN AND
COASTAL LAND USE PLAN AMENDMENTS AT VARIOUS _LOCATIONS: GP2011 -009
AND LC2011 -005 (PA2011 -196) - 514 EAST OCEAN FRONT;,GP2011 -008 AND LC2011 -004
(PA2011 -179) - 2888 AND 2890 BAY SHORE DRIVE; AND'61`2011 -010 AND LC2011 -006
(PA2011 -209) - 200 30TH STREET. [100 -20131 `✓'
Community Development Director Brandt provided the'staff report and =noted that this is the final
installment of needed changes to previous amendments so that the City can\get authorization from
California Coastal Commission staff and proceed with processing.
Mayor Curry opened the public hearing: -Hearing no testimony, he closed the public
hearing.
Motion by Mayor Pro Tern Hill, seconded by Council Member Selich to adopt Resolution
No. 2013 -34: A Resolution of the City Council.of the City of Newport Beach Approving Amendments
to the Land Use Element of the Generol.Pldm,and_ Coastal land Use Plan for Various Properties
Located within the Coastal Zone.
The motion carried by the following roll call Vote:
Ayes: Council Member.' Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
16. MARINA PARK COASTAL;LAND -USE PLAM AMENDMENT NO. LC2012 -002 - 1600 WEST
BALBOABOUtiEV:4RD.`[1g0 -2013] -e`
Community Development'Director•Brandt reported that staff is recommending a continuance to the
May 28, 2013, City Council meeti,hg as staff is waiting for the final confirmation from California
Coastal, Commission stafr, on the wording approved at the Coastal Commission hearing that
approved,ihe amendment to?the Marina Park tower height.
Mayor Curry-,opened th6 public hearing. Hearing no testimony, he closed the public
hearing.
to continue the item
to the May 28, 2013 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tom Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
17. ANNUAL REVIEW OF THE PACIFIC VIEW MEMORIAL PARK DEVELOPMENT
AGREEMENT (PA2009 -024) - 3500 PACIFIC VIEW DRIVE. [100 -20131
Community Development Director Brandt reported that there has been no further development
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activity since Council's last review of the item and noted that Pacific View Memorial Park
continues to be in good -faith compliance with the terms of the agreement.
Motion by Council Member Selich, seconded by Council Member Henn to a) find that the
applicant has demonstrated good faith compliance with the terms of the Development Agreement;
b) find that this project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3; and c) receive and file the Annual Report of the
Development Agreement for Pacific View Memorial Park.
Mayor Curry opened the public hearing.
Joan Templeton reported that, during the last few years, Pacific_View Memorial Park management
has been very responsible in addressing any issues or requests'made.
Charles Griffin addressed the need to fill the nearby reservoir with clean water and reiterated the
need for hydrogen/boron fusion to desalinate ocean water and fill the reservoir,.
Hearing no further testimony, Mayor Curry; closed;'the public hearing. `
The motion carried by the following roll call vote: ~
Ayes: Council Member Gardner, Council Member Pettos; Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council :Member Henn, Council Member Daigle
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT- 8:01 p.m.
The agenda for the Regular Meeting was posted on April 4, 2013, at 4:30 p.m. on the City Hall
Bulletin Board located' outside of the City of Newport Beach Administration Building at 3300
Newport Boulevard ;'and on- April-4.,2013, at 6:35,p.m. on the City Hall Bulletin Board located
in the City Council - Chambers vestibule,atr100_Civi'c Center Drive.
Recording Secretary
Mayor
City Clerk
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