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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)