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HomeMy WebLinkAbout01/23/2018 - Study Session / Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting January 23, 2018 I. ROLL CALL - 5:00 p.m. Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon (arrived at 5:31 p.m.), Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield II. CURRENT BUSINESS SSI. Clarification of Items on the Consent Calendar - None SS2. Balboa Peninsula Trolley Program Review — Recommendations Going Forward Deputy Public Works Director Vukojevic and Assistant City Engineer Sinacori thanked the City Manager's Office, Municipal Operations Department, Police Department, and Finance Department for their assistance in the project. Utilizing a PowerPoint presentation, first year daily ridership, ridership by hour and stop, overview of the program, route and stops with proposed modifications, Balboa Village Advisory Committee (BVAC) recommendations, staff recommendations, and the cost summary were highlighted. In response to Council questions, Public Works Director Vukojevic and Assistant City Engineer Sinacori reported that the Orange County Transportation Authority (OCTA) typically subsidizes up to $9/rider for these types of programs, Orange County has 17 of these programs with the City's ranking fourth in ridership, OCTA contributed $685,000 in grant funds and BVAC contributed $130,000, the City covered the remainder of the costs, the grant is based on ridership for the summer, the trolleys were leased, described the start-up costs, explained that BVAC's portion came from parking revenues and are restricted funds, described other projects BVAC funded, discussed OCTA's Route 47 bus, and explained that other city trolley systems were studied. Council Member Dixon emphasized that the trolley program was designed to bring people to Balboa Village to drive economic activity throughout the Balboa Peninsula. Craig Batley commended the trolley program, explained the benefits of the program for vacation rental visitors, and encouraged Council to continue the program for at least another year. Jim Stratton, BVAC member, described the improvements that have occurred in and the impact the trolley program has had to Balboa Village and the Peninsula. Steve Rosansky, President of the Newport Beach Chamber of Commerce, noted his initial skepticism about the trolley program, but believed it relieved traffic on the Peninsula. He encouraged the continuation of the program for at least one or two years. Marcel Ford, BVAC member, believed the trolley program allowed potentially thousands of people to come to Balboa Village and requested that the program continue. George Schroeder noted that, if the City did not use OCTA's grant funds, it would have been allocated to other programs in the County. He commended the trolley program and supported continuing it for at least another year. Volume 63 - Page 425 City of Newport Beach Study Session and Regular Meeting January 23, 2018 W. R. Dildine stated he had heard positive feedback about the trolley program but the City may need more trolleys, described Laguna Beach's and Dana Point's trolley programs, encouraged continuance of the program, and believed the trolley drivers were more courteous than OCTA drivers. Jim Mosher stated the Trolley is a welcome service. However, he indicated that someone at a workshop he recently attended criticized the trolley program, believing it was really more of a bus system that people could not hop on and off of, traffic backs up when it stops, and the trolleys not being full. He asked if the drivers keep track of how many seats are filled and if an accurate figure of how full the trolleys were on average, was available Following discussion, Deputy Public Works Director Vukojevic noted the grant was for seven years but can evaluate the program after another year, requested direction from Council, noted Hoag Hospital cannot commit to a long term parking solution, discussed the parking lot at Tustin Avenue/Avon Street and how riders may receive a parking code for riding the trolley, and the cost of using electric trolleys. Mayor Duffield commended Council Member Dixon for getting the program going. He encouraged looking into using some electric, open trolleys. Without objection, it was determined to move forward with staffs recommendations and conduct an annual review after the summer season. III. PUBLIC COMMENTS - None City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. IV. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6): 1 matter Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators. Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA); Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association (NBFA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach Professional and Technical Employee Association (NBPTEA). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9(d)(2) (e)(2)): 9 matters The Newport Beach Lifeguard Management Association (NBLMA), the Newport Beach Police Management Association (NBPMA), the Newport Beach Police Association (NBPA), the Newport Beach Firefighters Association (NBFA), the Laborers International Union of North America Local 777 (as affiliated with and on behalf of the Newport Beach Professional and Technical Employees Association (NBTEA) and Newport Beach City Employees Association (NBCEA)), on behalf of the current and former members of said unions, as well as Vladimir Anderson and Robert Salerno, in their individual capacities, are aware of the United States Court of Appeals for the Ninth Circuit's decision in the case of Flores v. City of San Gabriel (9th Cir. 2016) 824 F.3d 890 which may result in litigation against the City of Newport Beach related to the calculation and payment of overtime compensation. Volume 63 - Page 426 City of Newport Beach Study Session and Regular Meeting January 23, 2018 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property: 1 Newport Pier, Newport Beach, California 92663 Agency Negotiator: Seimone Jurjis, Community Development Director Lauren Wooding, Real Property Administrator Negotiating Parties: Blue Water Grill Under Negotiation: Instruct negotiator as to price and terms of payment. D. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Ashley Lauren Watts u. City of Newport Beach et al. United States District Court Case No. 8:17-cv-01099-AG(SKx) V. RECESSED - 5:52 p.m. VI. RECONVENED AT 7:03 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Brad Avery, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Scott Peotter, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield VIII. CLOSED SESSION REPORT - None Di. INVOCATION - Reverend Joy Price, Christ Church by the Sea X. PLEDGE OF ALLEGIANCE - Council Member Dixon XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) Council Member Herdman: Announced that the third John Wayne Airport Issues Forum will be held on January 26 at 3:00 p.m. in the City Council Chambers and the next forums are scheduled for February 9 and March 9, the Aviation Committee will meet on February 12 at 4:00 p.m. in the Community Room, and Harbor Patrol will begin ticketing stand up paddlers who are not wearing lifejackets Attended the Newport Beach Chamber of Commerce Government Affairs Committee meeting on January 18 and commended Mayor Pro Tem O'Neill who was the featured speaker Council Member Muldoon: • Requested the City invite Early Warning Labs to present their early earthquake warning technology to the City Council Council Member Dixon: • Announced her next Town Hall meeting will be held at Marina Park on February 5 at 6:30 p.m. and the Citizen Emergency Response Team (CERT) Annual Dinner will be held at the OASIS Senior Center on January 24 at 6:00 p.m. Mayor Pro Tem O'Neill: • Announced Restaurant Week and that the City is offering programs for adults with special needs • Attended the Newport Coast Neighborhood Watch meeting and the Shell Gas Station ribbon cutting Volume 63 - Page 427 City of Newport Beach Study Session and Regular Meeting January 23, 2018 • Pursuant to City Charter Section 410, requested the City look into issuing subpoenas to the company and individuals for the alleged fraud that occurred relative to the recall petition Mayor Duffield: • Displayed a slide from today's EV charging station ribbon cutting ceremony, discussed the efficiency of electric motors, and announced there was no cost to the City to install them City Manager Kiff announced that the City Council will be holding the annual Planning Session meeting at Marina Park on January 29 at 5:30 p.m. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Consideration of whether the Zoning Code should be changed to require that certain construction projects that significantly impact parking in residential neighborhoods should have a parking management plan (Peotter) The City Council concurred to place the matter on a future agenda. • Consideration of placing a permanent aviation noise monitor (it would be a non - regulatory monitor) on or near Balboa Island (Peotter) The City Council unanimously concurred to place the matter on a future agenda. XIV. PUBLIC COMMENTS ON CONSENT CALENDAR - None XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the January 9, 2018 City Council Meeting [100-2018] Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. CONTRACTS AND AGREEMENTS 3. Annual Concrete Replacement Program - Award of Contract No. 7168-1 (18R06) [381100- 2018] a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) Class 2, (reconstruction of existing facility involving negligible or no expansion of capacity) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) Approve the project specifications; c) Award Contract No. 7168-1 to Nobest, Inc. for the total bid amount of $784,000.00, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $80,000.00 (approximately 10% of Total Bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 18BA-024 transferring $100,000.00 from the Utilities Yard Tipping Floor project (Account No. 70201932-980000-18W14) to Account No. 70201932-980000- 18R06; $201,400.00 from Account No. 01201927-980000-15R14 (Corona del Mar Concrete Replacement) to Account No. 01201927-980000-18R06; and $22,600.00 from 01201927-980000- 17R06 (FY 2017 Concrete Replacement) to Account No. 01201927-980000-18R06 for FY 2018 Concrete Replacement Program. Volume 63 - Page 428 City of Newport Beach Study Session and Regular Meeting January 23, 2018 Mayor Pro Tem ONeill recused himself on Item 3 due to real property interests within 500 feet of the project. 4. Amendment of Professional Services Agreement with Psomas DBA BonTerra Psomas for Environmental Services for the Proposed Harbor Pointe Senior Living Project Located at 101 Bayview Place (PA2015-210) (C-7075-1) [381100-20181 a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve the amendment to the Professional Services Agreement, and authorize the Mayor and City Clerk to execute the agreement. 5. Pulled from the Consent Calendar. MISCELLANEOUS 6. Planning Commission Agenda for January 18, 2018 [100-20181 Receive and file. Motion by Mayor Pro Tem O'Neill, seconded by Council Member Peotter, to approve the Consent Calendar, except for the item removed (Item 5); and noting the recusal by Mayor Pro Tem O'Neill on Item 3. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XVI. ITEM REMOVED FROM THE CONSENT CALENDAR 5. Agreement for Refuse Container Collection Services with Robert's Waste & Recycling, Inc. (C-8537-1) [381100-20181 Council Member Dixon explained why the item was continued from the January 9, 2018 City Council meeting and requested clarification about the Request for Proposals (RFP) process. Jay Ware, General Manager of Ware Disposal, indicated he watched the video from the January 9 meeting and was not contacted afterwards about their proposal. He provided information and explanations relative to the questions related to their RFP submission and indicated that Ware Disposal is interested in being awarded the agreement. In response to Council questions, Mr. Ware confirmed that Ware Disposal understands and can meet all the requirements set forth in the RFP, and expanded on their qualifications and capabilities. Municipal Operations Director Pisani reported that, had Ware Disposal answered all the questions, they would have received a higher score. Further, they recently responded to a different RFP and were awarded the agreement. Purchasing Agent Nguyen explained the difference between an RFP and a bid procurement process, and why they did not contact Ware Disposal for more clarification on their submission. Jim Mosher noted that the updated proposal is for 630 containers, not 860 containers, and since some are located in parks, will be handled by Mariposa. He asked if Mariposa had the capability to sort green waste from trash. Volume 63 - Page 429 City of Newport Beach Study Session and Regular Meeting January 23, 2018 For both RFPs and bids, Roger Lockhart believed there is a presumption the minimum requirements can be met without needing to state so and requested that the language be made clear in the future. Council Member Avery indicated that Ware Disposal probably made the assumption that no response was in compliance and the City may need to take that into consideration. Purchasing Agent Nguyen clarified that Ware Disposal's proposal was responsive; however, Robert's Waste and Recycling provided more information, and therefore scored higher. He emphasized that the City can only consider what was submitted, not what is known about the proposer. In response to Council Member Peotter's question, City Manager Kiff indicated that, if Council determines they want to award the contract to Ware Disposal, staff requests that Council extend Robert's Waste and Recycling's contract for at least a month, then negotiate with Ware Disposal. Motion by Council Member Peotter, seconded by Council Member Dixon, to extend the current agreement with Robert's Waste and Recycling for 30 days, and direct staff to negotiate a contract with Ware Disposal for the revised scope of work. Council Member O'Neill requested and received clarification from City Attorney Harp that the agreement would not need to be rebid or the technical score adjusted, as long as Ware Disposal uses the same pricing system; however, Council does have the option to request that a new RFP be issued for the agreement. City Manager Kiff expressed concern since the RFP process was fair, both proposers understand what should be submitted, and doing this could send the wrong message to future bidders. City Attorney Harp noted that City Manager Kiff was correct in pointing out that this is not the City's typical process. Council Member Dixon requested an amendment to the motion to allow Robert's Waste and Recycling to continue until June 30, 2018, and then reissue another RFP. Without objection, Council Member Peotter added to the motion that, if Ware Disposal is not willing to negotiate by the end of February 2018, staff is directed to issue a new Request for Proposals or Request for Bids solicitation. Council Member Avery received confirmation from Purchasing Agent Nguyen that it is uncommon that they receive no responses to key elements in a proposal and likened this to not answering the supplemental questions in a job application. Substitute motion by Mayor Pro Tem O'Neill seconded by Council Member Dixon, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) reject all proposals, extend the current agreement with Robert's Waste and Recycling through June 30, 2018 for $115,510, and direct staff to issue a new Request for Proposals or Request for Bids solicitation. The substitute motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield Nays: Council Member Peotter XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Lesley Miller expressed support for the trolley program and suggested enlisting the help of the City Arts Commission to call for artists to develop designs on the trolleys or use vinyl wraps of old City beach photos. Volume 63 - Page 430 City of Newport Beach Study Session and Regular Meeting January 23, 2018 Walt Naidus expressed concerns and raised questions relative to parking meters throughout the City. City Manager Kiff indicated he would look into the issues and contact Mr. Naidus. Jim Mosher believed that over the nine years he has been attending City Council meetings, the City has adopted many bad laws with unclear language and the public should have a simple and inexpensive method to go before the City Council to dispute staff decisions. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XIX. PUBLIC HEARING Appeal of Lido Marina Village Parking Management Plan Amendment, Conditional Use Permit No. UP2017-019 (PA2017-135) - continued from the January 9, 2018 City Council meeting [100-2018] Community Development Director Jurjis and Deputy Community Development Director Campbell provided the staff report and utilized a PowerPoint presentation to describe the site, history, land uses, parking/circulation issues, pilot program, use permit, the appeal, and alternative actions. In response to Council questions, Deputy Community Development Director Campbell indicated the amended conditional use permit would need approval in order to continue the pilot program changes, noted the applicant voluntarily changed the parking fee for employees, explained water- side and excursion parking plans, and confirmed that all excursion businesses should be included in the parking management plan. Knowing well in advance that there will be a large event, Council Member Dixon believed the parking issue should be handled between the appellant and applicant. She commended DJM Capital for implementing the pilot program. Mayor Duffield opened the public hearing. Mark Huston, Electra Cruises, detailed parking concerns that sparked the reason for the appeal, noted the small shuttle, currently being provided by DJM Capital, would not work for their guests and is meant for the employees, believed allowing employees to park in the structure poses a problem for them, highlighted what Electra Cruises has done to assist their guests in the structure, suggested charging employees for parking from Friday to Sunday so they would use the shuttle, and discussed the agreement with DJM Capital that is not being followed. Lindsay Parton, DJM Capital, indicated they provided offsite parking, suggested Electra Cruises' employees park offsite and not in the structure, and believed they are living up to the agreement to provide a shuttle. Jim Mosher took issue with and questioned the language in the staff report and agreement, and asked how many employees were expected to be at the site at one time. Tera Stephens, Tress Apothecary + Salon, believed that parking has improved for employees and customers. Rod Tap believed Lido Village businesses cause parking problems in the residential area, which affects their property values; and staff needs to evaluate the suggestions and present alternatives. Jennifer Talon noted that free parking has helped, but there is still an issue in the residential area, and described an incident with an Elyse Walker employee. She indicated her sister used Electra Cruises for her wedding and they never offered offsite parking. Volume 63 - Page 431 City of Newport Beach Study Session and Regular Meeting January 23, 2018 Ingrid Yankauskas expressed safety concerns in the residential area due to speeding drivers needing to get to an Electra Cruises event. She believed Electra Cruises needs to work with DJM to fix the problem. Roger Lockhart believed a dynamic parking plan needs to be looked at, even Citywide. Summer Holly, Elyse Walker, anticipated that parking will get better. She stated she monitors whether her employees are parking on the top level of the structure and her customers are no longer experiencing parking issues. Brian Gas noted that some employees and business owners do not park in the structure, and expressed concern for where Lido House Hotel employees and restaurant patrons are going to park. Chris Benson indicated that Lido House Hotel is supposed to have a parking plan for large events which might affect the Finley tract. He believed the tract needs parking permits and asked if the City could assist the residents in this effort. Kirsten Gas expressed safety concerns for pedestrians with the streetlight timing on Finley Avenue and Newport Boulevard.. Mr. Huston clarified that Electra Cruises does not have a shuttle or offsite parking, and DJM Capital is supposed to provide them. He believed solving the problem for the Finley tract would create problems for other areas. Council Member Peotter noted that the landlord assists and guides the tenants and patrons, but the tenants also need to cooperate. He indicated it appears that Electra Cruises is not cooperating. Mr. Huston reiterated that DJM Capital is obligated to provide offsite parking and a shuttle at DJM Capital's expense, and the small shuttle that is currently being provided is not meant for Elects Cruise's guests. Hearing no further testimony, Mayor Duffield closed the public hearing. Council Member Dixon read D.2. of the parking agreement between Electra Cruises and DJM Capital and reiterated that the landlord and tenant need to find a solution. Deputy Community Development Director Campbell confirmed that the proposed conditional use permit includes language to adjust the conditions if they receive Community Development Director approval. He expressed the opinion that the pilot program provided measurable results. Council Member Peotter believed that the Finley tract is paying the price For the dispute between DJM Capital and Electra Cruises, the parking management plan can assist in solving the problem, and the goal should be to keep vehicles out of the Finley tract. At Mayor Pro Tem O'Neill's request, City Attorney Harp clarified the effect of Council's action relative to the appeal and added that it is a priority for Council to work with the Finley tract residents. Council Member Dixon assured the Finley tract residents that Council is listening. She thanked DJM Capital for being responsive and amending the parking management plan, Electra Cruises for being a business partner, and everyone for working together to reduce the impacts to the residents. Motion by Council Member Dixon. seconded by Council Member Peotter, to a) find this project exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and b) adopt Resolution No. 2018-2, A Resolution of the City Council of the City of Newport Beach, California, Denying an Appeal Filed by Electra Cruises Volume 63 - Page 432 City of Newport Beach Study Session and Regular Meeting January 23, 2018 Inc. and Approving Conditional Use Permit No. UP2017-019 Authorizing a Parking Management Plan, a Parking Reduction, and Off -Site Parking for Lido Marina Village and Superseding Conditional Use Permit No. UP2014-014 (PA2017-135). The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Muldoon, Council Member Dixon, Council Member Peotter, Council Member Avery, Mayor Pro Tem O'Neill, Mayor Duffield XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - 9:04 p.m. The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on January 18, 2018, at 4:00 p.m. Duffy DIGMeld Mayor n( OJIXA�� 1 f/ , I�/Ilit�lln Leilani I. Brown City Clerk Volume 63 - Page 433