HomeMy WebLinkAbout26 - City Council's 2009 PrioritiesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 26
November 24, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949/644 -3000 or dkiff @newportbeachca.gov
SUBJECT: Council Review of Staff Status Report on Six of the City Council's
2009 Priorities
ISSUE:
How is the City staff doing in terms of implementing the City Council's thirteen 2009
priorities?
RECOMMENDATION:
Review and comment, as desired.
DISCUSSION:
Background:
The City Council held a Special City Council meeting on Saturday, January 10, 2009, to
discuss and establish its priorities for 2009. This was the third consecutive year the City
Council has met early in the calendar year to set its priorities. A total of thirteen (13)
priorities were settled on, but in no particular order. As in the past, the City Manager
was asked to provide draft priority statements, action steps and schedules for the City
Council to review, make revisions to and finalize.
The status of priority implementation is reviewed each month. Status reports on seven
priorities began in March and are provided during alternating months. This status report
provides current information on the remaining six priorities. This is the sixth status report
of the year. The six priorities being reported on in no particular order are as follows:
• Continue to implement an effective traffic management plan by a variety of projects
which improve traffic flows throughout the City.
City Council Priorities
November 24, 2009
Page 2
• Complete the Schematic Design Phase and the EIR for the new city hall and park
site.
• Provide more public parks and recreation facilities, with emphasis on active facilities
where appropriate. Construct a new OASIS facility for our seniors.
• Continue with the process to determine the eventual land use for the Banning Ranch
property, pursuing both open space and development options outlined in the
General Plan.
• Continue to implement water quality improvement projects, while at the same time,
assessing the need to adopt a tiered water rate structure to assist in water
conservation efforts.
• Develop and implement a strategy, including a funding component, for the dredging
of the Lower Bay
Additional status reports will be provided at the second City Council meeting of each
month for the remainder of the calendar year.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review.
Public Notice: This agenda item has been noticed according to the Brown Act (72 hours
in advance of the meeting at which the Council considers the item).
Submitted by:
DAVE KIFF
City Manager
Attachments: 2009 Council Priorities Indicator Tracker
City of Newport Beach
2009 Council Priorities Indicator Tracker
Status Report
Date published: November 24, 2009
Presented by: Dave Kiff
CONTINUE TO IMPLEMENT AN EFFECTIVE TRAFFIC MANAGEMENT PLAN BY A
VARIETY OF PROJECTS WHICH IMPROVE TRAFFIC FLOWS THROUGHOUT THE
CITY
Phase 1 signal project completed and
March 15, 2009
Project was completed and
operational
operational on March 15,
2009
Phases 2 and 3 signal project designs
March 30, 2009
Design Complete.
completed, work begins
Construction contract
awarded April 14, 2009
Phases 2 and 3 — Completed and
December 31, 2009
On target
operational
Council discussion on Phases 4 -8 as
March 24, 2009
FY 09 -10 currently includes
whether to accelerate design and
funding for design and
construction
construction of Phases 4 &
7. Council confirmed this
direction at the June 9`h
Study Session.
Staff recommends projects which
May 12, 2009
FY 09 -10 currently includes
facilitate traffic flows in FY 09 -10 CIP
the Jamboree /73 Bridge
budget
widening and
Improvements to the
Jamboree /MacArthur
Intersection
Council approves new CIP budget with
June 23,2009
Adopted as planned.
project schedules
Staff reports to Council as to status of
November 24, 2009
CIP traffic related projects
Comments: As discussed at the Council's priority setting meeting, to accelerate the design and
construction of Phases 4 -8 would cost approximately $4M. Expanding to do additional phases
was discussed on June 9`h; however, Council and staff believe it is more prudent to continue on
the schedule that has been previously developed and is being implemented.
This priority includes staff proposing CIP projects which might result in additional turn lanes,
street widening, turn-outs and other measures which could translate into improved traffic
circulation for particular problematic locations.
Staff: Steve Badum; Dave Webb
City Council Priorities
November 24, 2009
Page 5
COMPLETE THE SCHEMATIC DESIGN PHASE AND THE EIR FOR THE NEWPORT
BEACH CIVIC CENTER
Comments: The Civic Center project is on schedule. From this point forward, we roll into
Design Development and Construction Documents. There is a good likelihood of an "early
start" for one aspect of the Project, that being the mass (rough) excavation of the site after
January 12, 2010. Additionally, the Council will consider a design -build contract for the Parking
Structure — that could happen such that construction there could occur in Spring 2010, weather
permitting.
Completion of the Civic Center project is generally estimated at summer 2012, with an up to 18-
month construction period.
Staff: Steve Badum, Jaime Murillo, Sharon Wood, Dave Kiff
�Wmon
Hire Civic Center architect (BCJ)
January 2009
Achieved
Hire Civic Center Project Management
January 2009
Achieved
Firm (CW Driver)
Hire Civic Center EIR Consultant
January 2009
Achieved
(LSA)
Complete Concept Plan Phase
April 15, 2009
Achieved
Public Comment Period for Draft EIR
September 1, 2009
Achieved
City Council Approval of Schematic
November 24, 2009
On schedule
Design and adopt Final EIR
Comments: The Civic Center project is on schedule. From this point forward, we roll into
Design Development and Construction Documents. There is a good likelihood of an "early
start" for one aspect of the Project, that being the mass (rough) excavation of the site after
January 12, 2010. Additionally, the Council will consider a design -build contract for the Parking
Structure — that could happen such that construction there could occur in Spring 2010, weather
permitting.
Completion of the Civic Center project is generally estimated at summer 2012, with an up to 18-
month construction period.
Staff: Steve Badum, Jaime Murillo, Sharon Wood, Dave Kiff
City Council Priorities
November 24, 2009
Page 6
PROVIDE MORE PUBLIC PARKS AND RECREATION FACILITIES, WITH
EMPHASIS ON ACTIVE FACILITIES WHERE APPROPRIATE; CONSTRUCT A NEW
OASIS FACILITY FOR OUR SENIORS
Sunset Ridge Park — obtain PB &R
June 24, 2008
PB &R approved May 20,
and Council conceptual approvals
2008; Council approved
June 10, 2008
Begin CEQA and final design
November 25, 2008
Awarded contract to EIR
processes
consultant and architect; in
process
Determination of MND or EIR process
March 15, 2009
City has decided to process
an FIR
City Council EIR Hearing for Approval
January 2010
On target
Coastal Commission permit approval
July 2010
expected (after EIR finalized)
Award bid after preparation of
September 2010
construction documents and bidding
Park open for public use
March 2012
Marina Park — conceptual plans
June 30, 2008
Council approved on Nov.
prepared and approved by PB &R, City
13, 2007; PB &R approved
Council
December 14, 2007
EIR public review period
Feb. 23 -April 2, 2009
Achieved
Re- circulated EIR public review period
November 9 —
Added Phases 1 & 2 and
December 23, 2009
needed to address CCC
wetland delineation of
beach
City Council EIR Hearing for Approval
February 2010
On target
Completion of construction plans and
November 2010
Ongoing
specs, all water quality, Army Corps,
Coastal Commission permits, etc.
Advertise, bid and award multiple
January 2011
construction contracts for specialized
contractors
City Council Priorities
November 24, 2009
Page 7
Construction completed and open for
July 2013
public use
Coastal Peak Park - construction
February 10, 2008
Approved February 5, 2008
permits approved
Construction period with The Irvine
May -March 2009
Construction complete
Company overseeing and paying for
construction
120 day construction company
March - August 2009
On target
maintenance period
City assumes ownership of park and
August 2009
On target
continues maintenance period
Open to public use
September 2009
Achieved
OASIS Rebuild - construction out to
Jan. 12 - Feb. 12, 2009
Bid opening Feb. 12, 2009
bid
Award construction bid
March 10, 2009
Awarded March 10, 2009
Construction of project
March 2009 -Oct. 2010
Currently under
Construction
Construction completed and open for
October 2010
On target
public use
Banning Ranch Community Park —
Sept. 2008
Application submitted
development application submitted
Discuss Community Park plans
Ongoing
Ongoing
including size, location and
improvements with developer
Synthetic Turf Study — RFP for
December 2008
Proposals received Dec. 19,
consultant services
2008
Award of consultant contract for
February 2009
Study awarded to CMX
$23,000
Sports Engineers on April 2,
2009
Phase I- study of existing park sites for
April — June 2009
Completed
usage recommendations
PB &R Commission — presentation of
August 2009
On track for August
study findings
meeting
City Council Priorities
November 24, 2009
Page 8
Presentation to Council of study
August 2009
Achieved
findings and determination of whether
to proceed with plans and specs
CYG Renovation — project out to
December 2008
Bids received January 6,
construction bid
2009
Award construction bid
January 2009
Bid awarded January 27,
2009
Construction of project
February-June 2009
Currently under
construction
Construction completed and open for
June 22, 2009
Achieved
public use
Comments: Most of these projects are continuations of the related 2008 Council priority and
most involve multi -year planning, processing and construction.
Staff: Laura Detweiler, Dave Webb
City Council Priorities
November 24, 2009
Page 9
CONTINUE WITH THE PROCESS TO DETERMINE EVENTUAL
LAND USE FOR THE BANNING RANCH PROPERTY,
PURSUING BOTH OPEN SPACE AND DEVELOPMENT OPTIONS OUTLINED IN
THE GENERAL PLAN
Open Space
Comments:
aM
City Council receipt of appraisal report
January 27, 2009
Provided January 27, 2009
Resource Opportunity Group report to
July 2009
ROG spoke with Coastal
Ad Hoc Committee on funding
Conservancy, OCTA,
availability
Wildlands Conservancy,
Resources Legacy Fund,
and Fund Foundation;
researched applicability of
stimulus funds
Meeting with interested parties to
April 23, 2009
ROG met with
discuss funding availability
representatives of Banning
Ranch Conservancy
City Council receipt of funding
August 2009
Provided August 11, 2009;
availability report, and direction to Ad
Council direction to
Hoc Committee on next steps
continue exploring open
space ideas as review of
development proposal
proceeds
Comments:
City Council Priorities
November 24, 2009
Page 10
Development
City receipt of complete application
January 21, 2009
Application material
material
sufficient to begin
environmental review, and
will be supplemented as
review process proceeds
NOP public review period
March 9 - April 9,
NOP released March 16;
2009
review period ended April
17, 2009
Draft EIR public review period
Nevembef
Technical studies complete
Deeember 16, 2004
or nearly complete; EIR
Mid -January to end of
sections in preparation or
February 2010
review by City staff and
consultants
Planning Commission
April 22, 2010
recommendations on development
application
Final City Council action on
June 8, 2010
development application
Comments: The two processes — determining whether Banning Ranch can be purchased and
preserved for open space and the development of Banning Ranch as a residential project — are
being processed concurrently in order to determine at the end of both processes which alternative
is most feasible.
Staff: Sharon Wood
City Council Priorities
November 24, 2009
Page 11
CONTINUE TO IMPLEMENT WATER QUALITY IMPROVEMENT PROJECTS,
WHILE AT THE SAME TIME ASSESSING THE NEED TO ADOPT A TIERED WATER
RATE STRUCTURE TO ASSIST IN WATER CONSERVATION EFFORTS
Bring forth a draft Water Quality
March 2009
With the UNB funded and
Management Plan (WQMP) to City
the LNB having an
Council which identifies fiscal impacts
appropriation for the first
time, Staff will re- evaluate
the WQMP and bring it
back to Coastal -Bay before
Council.
Consider the establishment of a
March 2009
Not completed. However,
Council ad hoc Committee on Water
City staff has been able to
Use. Purpose is to assist /review staff
attend all relevant OCWD
action relating to potable water
and MWDOC Water
purchases and use in the city (with
Producers meetings.
OCWD and MWDOC).
Consider certain aspects of the WQMP
May 2009
Aspects related to LNB
in the context of the 2009 -2010 Fiscal
CEQA and testing work are
Year Budget.
funded within the City's FY
2009 -10 budget.
Update the City's Water Master Plan
May 2009
Update of Water Master
(for potable water delivered to homes,
Plan completed and
city facilities, and businesses).
presented to Council 9 /8/09.
Determine if existing rate structure will
accomplish the Plan, including likely
Proposed rate structure
increases in water purchasing costs. If
includes costs associates
not, recommend rate changes.
with Water Master Plan.
Continue City's water conservation
Ongoing
efforts via Water Conservation
Coordinator. Direct WCC and Utilities
Director to follow and update City on
other jurisdiction's actions relating to
tiered rate structures.
Implement any rate changes based on
January 1, 2010
Proposed rate structure
the Water Master Plan's needs.
approved by Council
Evaluate the city's obligations relating
9/8/09. Rate effective
to rate changes under Proposition 208.
1/8/10, pending Prop 218
protest results.
City Council Priorities
November 24, 2009
Page 12
Study how the updated Water Master
September 2009
Water Master Plan costs are
Plan's needs could be addressed with a
not tied to variable portion
tiered -rate structure (to encourage
of the rates. Capital costs
conservation).
will be covered in proposed
fixed fees.
Determine whether to implement a
March 2010
Tiered Rate structure, and suggest the
timing thereof.
Comments: At first glance, these are two separate goals. But because excessive water use
outside of homes and businesses causes urban runoff, and urban runoff has a major impact on
water quality in our Bay and Ocean, the two issues are tied together.
Due to court ordered water supply restrictions, on April 14, 2009, the Metropolitan Water
District Board voted to implement water allocations to all agencies that purchase water from
them. Agencies are to reduce their water purchases by 15% for fiscal year 09/10. In addition,
Orange County now enters its third year of drought (lack of rain). Because of this lack of local
rainfall, our ground water supplies have been reduced for the second year in a row. All of the
above are good reasons to implement a Tiered Rate system to encourage water conservation,
however there are procedures that need to be followed per Proposition 218.
Proposition 218 required a full financial study to be conducted prior to any rate increase or rate
restructure. Because of the recent rate hikes from our suppliers and the fact the rates have not
been increased since 2005; staff felt it necessary to bring to Council an increase immediately to
balance the budget. Council approved the Water Utility Financial Plan and proposed rates at the
September 8, 2009 meeting. As part of the Prop 218 procedure, a 45 -day notice period precedes
a public hearing where if less than the majority of the customers and property owners' protest,
the rates can be adopted. The 45 day notice period ended on November 11, 2009. The City
Council has directed staff to bring the results of the protest proceedings to Council at the
November 24. 2009 meeting. Should Council approve the rate increase with the absence of a
majority of protests, Council can introduce the new water rate ordinance amendment at the same
meeting. A second reading of the ordinance can be read as early as December 8, 2009 and the
effective date can be January 8, 2010.
Staff intends to next analyze the development of a Tiered Water Rate. Some of the challenges in
adopting Tiered Rates are: monthly meter reading and billing as opposed to bi- monthly; billing
system capabilities; development of allocations based on what calculation ?; variance procedures;
customer service; and, public education. Feasibility and costs associated will need to be
discussed with Council along the way.
The Water Master Plan is now complete and costs associated have been addressed in the current
rate proposal. The funds required to maintain our infrastructure have been proposed to be
included as a capital charge and part of the "fixed" fee. Including the capital costs in the variable
City Council Priorities
November 24, 2009
Page 13
portion of the rate, or to include it in a Tiered Rate, will not be recommended due to the volatility
of water use.
It should be noted that the current rate structure is considered a conservation rate as defined by
the California Urban Water Conservation Council however; Tiered Rates seem to be very
effective tools in encouraging conservation and staff will continue to pursue that goal.
The Municipal Code Chapter 14.16 "Water Conservation" was amended in entirety and
approved by second reading after a public hearing at the November 10, 2009 Council meeting.
Effective date of the new ordinance will be December 10, 2009. This ordinance contains
permanent restrictions and four levels of water reductions.
Staff. Dave Kiff, George Murdoch, Shane Burckle, Dave Webb, Bob Stein
City Council Priorities
November 24, 2009
Page 14
DEVELOP AND IMPLEMENT A STRATEGY, INCLUDING A FUNDING
COMPONENT, FOR THE DREDGING OF THE LOWER BAY
Continue to advocate in Washington DC
December 2009 to
President Obama's budget
and with the US Army Corps of
October 2010
included $1.78 million for
Engineers (LA District) for the Corps'
LNB Dredging, an
consideration of a Lower Newport Bay
important milestone for this
(LNB) dredging project within the
project. We will now seek
Economic Stimulus Package (American
to have Congress add up to
Recovery and Reinvestment Plan of
$12 million more in FY 11.
2009 or the Federal FY 11 budget.
Continue City's current work on
December 31, 2009
Testing nearly complete.
toxicity testing of the LNB and its
Final draft testing report
analysis of the potential for contaminant
will be reviewed by
disposal (Lower Bay and Rhine) at the
regulatory agencies for
Port of Long Beach via an MND, as
approval in December.
well as a contingency plan for a
Anchor hired for CEQA
Confined Aquatic Disposal (CAD) site
work.
in Newport Harbor via an EIR.
Develop project alternatives (including
June 2010
Staff to develop with the
funding) for the LNB, including a range
consultation and advice of:
of options as follows:
• Harbor Commission
• No federal funding.
• Coastal -Bay Committee
• 100% federal funding of the Federal
• Bay Issues Committee
Navigational Channel.
• Corps staff
• The "one and done" plan (encourage
• Consultants (Larry Paul,
the Corps to fund a complete
Tom Rossmiller, Jim
dredging project then remove the
Crum)
obligation from the Corps'
operations and maintenance list).
• Other alternatives in between the
above.
Consider any possible alternatives and
May 2010
City's FY 10 -11 budget will
funding recommendations within the
include funding proposal.
City's FY 2010 -2011 budget. Look for
Currently exploring grant
funding opportunities for the Rhine
opportunities with the
Channel which is a City responsibility.
Water Board.
City Council Priorities
November 24, 2009
Page 15
Directly assist Corps with any studies, Ongoing City's current testing and
environmental reports, or permitting CAD analysis has the City
required with the LNB project. taking the lead on these
issues, pending any
Congressional authorization
for the US Army Corps to
work on them.
Comments: A Lower Newport Bay Dredging Project is a long- hoped -for goal of the community,
given the expanse of shoaling in the Harbor. A full project may cost in the range of $25 -29
million. The City has attempted to jump -start a future project by advancing much of the testing
and analysis that the Corps will have to do before an LNB project is shovel- ready.
Dredging the LNB is not a "new" project for the Corps. It is an ongoing, current Operations and
Maintenance ( "O &M ") Corps obligation (yet one that the Administration has consistently zeroed
out in funding, until this year). As such, the prospects look better than usual for getting the
project done in 2010 and 2011, if this project competes successfully against other Corps O &M
needs.
In addition, a rare opportunity to dispose contaminated material at the Port of Long Beach is
becoming a reality, and an option the City is aggressively pursuing. This location might also be
good location for the Rhine Channel material, therefore solving all of our harbor contamination
problems.
Staff: Dave Kiff, Chris Miller, Larry Paul (consultant), Jim Crum (DC advocate)