HomeMy WebLinkAbout02/22/2000 - Study Session0
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
February 22, 2000 - 4:00 p.m.
ROLL CALL
Present: Glover, Adams, Debay, Ridgeway, O'Neil (arrived at 4:45 p.m.),
Mayor Noyes
Absent: Thomson (excused)
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
No items were discussed.
2. BALBOA YACHT BASIN REQUEST FOR PROPOSALS AND CITY
MANAGER'S RECOMMENDATION TO MAINTAIN CITY
MANAGEMENT.
City Manager Bludau reported that this was discussed at a previous study
session and, according to Council Policy, any management offer for City
property needs to go through a request for proposal (RFP) process. He
indicated that he and Chief Riley looked at the proposals and recommend
that Council reject all proposals and continue having the City operate the
Balboa Yacht Basin using City staff. He noted that management would be
left for the City Manager to continue as it is if no action were taken tonight.
If comparing the BellPort Group and City management, he indicated that
the benefits are close. He stated that he could see where using BellPort
could mean a little higher level of service, but pointed out that the tenants
have let the City know that they are very satisfied with the current
operation. Mr. Bludau indicated that there will be rate increases in the
future regardless of who manages the marina; however, if a private entity is
managing the marina, the users may think that the rate increases occurred
sooner than expected. He stated that some of the proposals offered some
enhancements to services, but they did not feel any of the proposals justified
a change in management at this time.
Council Member Glover asked the legalities of asking for RFPs when the
City is one of the bidders. Mr. Bludau stated that the City is not really
bidding against anyone else but wanted to come up with a comparison that
showed the City's operation. Council Member Glover noted that the City
had a philosophy at one point to outsource some of its functions.
Mayor Pro Tem Adams stated that the City received a petition with over 100
signatures and asked if any of the signers reviewed the proposals.
Mr. Bludau indicated that the proposals were available for review in the City
• Clerk's office and pointed out that the petitions were signed because they did
not want the City to accept BellPort's proposal. Mayor Pro Tern Adams
indicated that having all those petitions is a major factor in his decision, but
Volume 53 - Page 200
INDEX
Balboa Yacht
Basin
(51)
is
City of Newport Beach
Study Session Minutes
February 22, 2000
INDEX
believed that the tenants should respond after they understand all the
proposals.
In response to Council's questions, City Attorney Burnham indicated that he
is not sure how the RFP was drafted or whether it contemplated responses
by City Boards or Commissions. However, he does not believe there is
anything in the policy or the municipal code that prohibits a commission
from asking staff to prepare a response to a proposal. Using Marina Park as
an example, Assistant City Manager Wood stated that the direction was to
include all the current users of the property when Council approved the
distribution of an RFP. The proposal was prepared using some staff time
and by retaining a landscape architect to do a quick plan. Council Member
Glover stated that she did not know that the Parks, Beaches and Recreation
Commission asked staff to prepare the proposal.
Council Member Debay believed that the petitioners feared that a private
company would come into the marina, clean up the area, and then increase
the rates. Mr. Bludau reiterated that the tenants are satisfied with the
current operation and added that there are no vacancies in the marina.
Council Member Ridgeway stated that he talked with a number of people in
the marina and believed that "if it's not broken, don't fix it." He indicated
that he likes privatization if needed; however, he is not sure if third party
management is really privatization. He expressed the opinion that the real
• issue is that this is the only spot where the City really has a presence on the
Bay and that it will harm the City in the long run if this is taken away. He
pleaded to Council to maintain this presence and noted that the City has
maintained a fairly consistent operating expense and has a sinking fund for
capital improvements.
Peter Ueberroth, BellPort Group, believed that the bid process was fair and
thanked the City for choosing them as one of the top bidders. He stated that
the City is in a bit of an awkward position when it has its own people judging
how well it and outsiders do. He expressed the opinion that government
should always use private sector management and that the City's accounting
is not accurate. He stated that he believes that the marina tenants are
thrilled with the current service because they are paying 15 percent less
than similar facilities, which equates to about $200,000 to $250,000 of
revenue to the City. Mr. Ueberroth also believed that the slips can be used
while vacant (with renters permission) to encourage more tourism to the
City and noted that BellPort has a program to attract visiting boaters. He
added that they are best equipped to deal with all the environmental issues
since this may be complicated for the City due to its future financial
condition. Regarding the petitions, he believed that none of the signers have
looked at their proposal.
Council Member Ridgeway stated that the person who distributed the
petition does have a copy of the proposal. He added that the tenants do
know that their rent is low and are actually expecting a rent increase.
• Regarding the accounting, he stated that there are no hidden costs and that
staff probably added more into the proposal than needed. Regarding the
environment, he indicated that he is aware of what is happening to the
water and agreed that BellPort is at the cutting edge; however, he pointed
Volume 53 - Page 201
City of Newport Beach
Study Session Minutes
February 22, 2000
INDEX
• out that BellPort has received reminders from the City of
at some of the facilities they manage.
water quality
Ron Bauer, representing Balboa Yacht Basin tenants, stated that he is a
15 year tenant, has been a certified property manager, past president of the
Institute of Real Estate Management, and just concluded a 32 year career in
commercial real estate management. He stated that he has not read the
proposals but believed that owners outsource management for several
reasons. One reason is that the owner feels it does not have the expertise;
however, he believes this is not the City's case and noted that it has
managed the Basin for 17 years and has over 100 signatures of support. He
stated that another reason is that the owner does not have the personnel,
but again noted that this is not the case for the City. Mr. Bauer reported
that the current manager has been in place for 12 years and that the City
employs part -time off - season lifeguards to do maintenance during the
winter. Finally, the last reason is that the owner does not have knowledge of
the market. He indicated that the City is familiar with the harbor and its
competition, been responsive to changes in market conditions, and conducted
rent surveys. He noted that, in 1995, he proposed that a CPI increase be
included with leases to eliminate the need for large increases when he spoke
at the Council meeting when a 21 percent rent increase was proposed.
Mr. Bauer pointed out that there is a clause in the documents that says that
the City shall be competitive, but not lead the market. He believed that the
• City has done a nice job and wants the City to continue as manager of the
Balboa Yacht Basin.
Mayor Pro Tem Adams asked what the tenants' concerns are if the City
outsources this function. Mr. Bauer stated that he talked with people who
have been under the BellPort Group's management and that they indicated
that BellPort cuts services and increases prices. Mayor Pro Tern Adams
believed that it is not right to send around petitions to oppose a proposal
that they have not fully investigated. Mr. Bauer indicated that the proposals
were not available to him, pointing out that the RFP states that they would
not be available to the public until after a certain date. Mr. Bludau believed
that the proposals were public information for anyone who wanted to see
them. City Clerk Harkless clarified that the proposals were not available in
her office until they were part of the agenda packet and did not have
knowledge of their availability prior to that.
Council Member Glover believed it was misleading to imply that BellPort
does not have experience, noting that they have been in business for about
35 years. She pointed out that the recommendation requests a Council
action, but indicated that they cannot take any action during study sessions.
Mr. Bludau indicated that, if Council wanted, they can give direction to place
this on a regular meeting agenda.
In light of her concerns about future revenue sources, Council Member
Glover stated that it may be hypocritical of her to not look at the possibility
• of outsourcing this function, especially since it may increase revenue. She
pointed out that the Basin would still be a City marina and would still
maintain a City presence. She stated that she likes the concept of having an
area where the City could market to have visitors enter via the marina and
Volume 53 - Page 202
City of Newport Beach
Study Session Minutes
February 22, 2000
• have a manager who could
INDEX
Council Member Ridgeway stated that he has been working with the Harbor
Committee for a year and that they have been looking at visitor- serving dock
space. However, the Committee has come to the conclusion at this time that
the harbor is generally not organized for it but the yacht clubs are. That
issue was deferred to the yacht clubs and/or the Harbor Patrol.
Mayor Pro Tem Adams requested that this item be placed on an agenda
because he would like to see the specifics of the two proposals made readily
available to the tenants so that they can make an informed decision about
the options and to allow BellPort the opportunity to address the tenants'
concerns. He believed that the concerns can be addressed without increased
costs through the contract. He stated that Newport Beach is a City, not a
marina operator, and indicated that he is not sold one way or the other but
has not heard enough to make a decision.
Mayor Noyes agreed with Mayor Pro Tem Adams and stated that he believes
the City may be moving too fast. He suggested conducting an independent
review in order to avoid any appearance of inpropriety since the City is
analyzing its own proposal.
Council Member Glover believed that the City should analyze this from a
business viewpoint, stating that some of the numbers do not add up with the
history of the marina. She indicated that the City may need to look at all its
• holdings if an opportunity to increase revenue arises.
Mayor Pro Tem Adams asked if outsourcing this would reduce the City's
liability exposure. Mr. Burnham indicated that the City would normally
require indemnity from the operator, but noted that there has not been any
significant liability exposure as a result of the marina operations.
Noting that he owns shopping centers, Council Member Ridgeway indicated
that he is the one who reviews the proposals when he has people
competitively bidding for management and that he usually has cross
indemnities. He indemnifies the property manager for issues within the
operation and they indemnify him for any negligence that they may cause.
He reminded Council that the City is the owner and that he is not sure if a
third party should come in and analyze the proposals. He indicated that he
receives bids, reviews the bids, and picks the best one which is usually the
low bidder. He stated that it is ironic that the low bidder is the City, but
reiterated that rent should be raised. He asked if Council wants to put the
City in the same pool as The Irvine Company's leases because that is what
this would do.
Mayor Pro Tem Adams believed that bringing this forward at a public
hearing would be adequate. He indicated that Bel]Port has the City's
proposal to compare against and has time to address any concerns. Council
Member Ridgeway stated that it is unfair to take proposals from a sealed bid
• situation and now allow them to play against the other.
Referencing the matrix, Mr. Bludau reported that the net revenue between
BellPort and the City is within $10,000 and reiterated that the City
Volume 53 - Page 203
u
is
City of Newport Beach
Study Session Minutes
February 22, 2000
ultimately sets the rates even if BellPort manages the marina.
Council Member Glover asked that a ten year history be included in the staff
report.
3. CIRCULATION STUDY FOR MERGER OF NEWPORT
BOULEVARD/BALBOA BOULEVARD.
Mayor Pro Tem Adams recused himself, noting that his company prepared
the study. For the record, he reported that his company was awarded the
study prior to him being elected onto Council.
Council Member O'Neil arrived at 4:45 p.m.
Motion by Council Member Ridaewav to direct staff to proceed with the
preparation of plans, specifications, and engineer's final estimate for
completion of traffic circulation, safety, and access improvements in the Mix
Master area in general conformance with Alternative H (Modified Existing).
Council Member Ridgeway reported that the consultant has followed the
advice of the citizens. He stated that he liked Alternative H which
constructs a two -way street on 21st Street and widens Newport Boulevard
between 26th and 22nd Streets, and has minimal reduction in parking. He
indicated that the Ad Hoc Committee to Promote the Revitalization of the
Balboa Peninsula (PROP) reviewed it and members of the Peninsula Point
Association and Central Newport Beach Community Association concurred
with the alternative.
Noting that she is a member of the PROP Committee, Council Member
Debay stated that she has seen the key issues and feels comfortable with the
alternative.
Mayor Noyes asked why this item was not placed on the regular agenda,
noting that Council should not be taking action at study sessions. City
Manager Bludau stated that it was believed that Council would want to
discuss it first and not take that much time at a regular meeting. Council
Member Ridgeway believed that this could be placed on the Consent
Calendar at this point. Mayor Noyes indicated that a vote will not be taken
tonight.
Robert Rubian, 2200 Newport Boulevard, stated that many meetings were
conducted and expressed the opinion that Alternative H is less disruptive.
He believed that the alternative is the most efficient with regard to traffic
flow, parking, cost, and right -of -way to all businesses.
Senior Civil Engineer Brine reported that five public meetings were held
during the development of the study.
Tijana Hamilton, Parsons Transportation Group, reported that Alternative
• H has four elements: provides access from southbound Newport Boulevard
to MacFadden Squareibeach parking; provides enhanced access to the
bayside businesses by pulling back the curb along Newport Boulevard;
enhances the visibility of the pedestrian crossing on Newport Boulevard at
Volume 53 - Page 204
INDEX
Merger of
Newport Blvd. &
Balboa Blvd.
(85)
City of Newport Beach
Study Session Minutes
February 22, 2000
• 23M Street; and enhances and consolidates signage to provide better
comprehensive signage for visitors and encourage people to use Balboa
Boulevard outbound during peak periods.
In response to Council Member Glover's questions, Ms. Hamilton indicated
that they will not be developing the roundabout because its location focused
access away from the area, was geometrically hard to design, impacted
parking to Woody's Wharf and Hooters, and took away 40 parking spaces.
She stated that Alternative H (Modified Existing Alternative) is
enhancement to the existing operation at the Balboa Boulevard /Newport
Boulevard intersection to effectuate better traffic flow and enhance access to
the area while minimizing impacts to parking, as well as disruption during
implementation. She reported that this alternative would cost about
$395,000 and would give the City traffic signal modifications that coincide
with the reconfiguration into a two -way area, reconstruction of the roadway,
enhanced lighting and pedestrian signing at 23rd Street, and additional
signage and street lighting to increase visitor comprehension and access.
Public Works Director Webb reported that a majority of the funding would
come from the Gas Tax Fund and the rest from the General Fund. He
indicated that the improvements in front of Hooters and Woody's Wharf will
be postponed until the undergrounding district is completed. He explained
that, at that time, the City already programmed a reconstruction of the
street and overlays that can take the widening into consideration. He stated
that this may even lower the total cost of the project. He reported that the
• first phase would be traffic signal work and changing the roadway into the
two -way section at a cost of about $140,000.
Council Member Glover asked the members of the PROP Committee what
this improvement will do for the peninsula. Council Member Ridgeway
stated that this has been an ongoing, frustrating issue for years. He pointed
out that there was a push by a number of people for a redesign of the Mix
Master and that the City spent $185,000 for Parsons to study the area and
come up with a recommendation. He believed that Alternative H is a very
reasonable plan for an issue that has been in conflict. Additionally, for the
first time, the area is looking at a balance between pedestrians, vehicular
traffic, residents, and tourists. He believed that this and Agenda Item
No. 26 (Phasing and Estimates for the Balboa Village Pedestrian and
Streetscape Improvements Plan and the Balboa Pier Parking Lot
Improvements) is a unanimous consensus and noted that the citizens have
worked hard with the consultants to come to a nice balance. Mayor Noyes
added that Alternative H will also improve traffic flow and make the area
safer. He stated that it is a good plan that works for a reasonable price.
Mr. Webb stated that staff will get whatever proposals are necessary to
prepare plans and bring them back to Council at a regular meeting if Council
infers that they want Alternative H to proceed. Mayor Noyes indicated that
Mr. Webb's statement was reasonable.
4. OVERVIEW OF TRAFFIC SIGNALS.
• Council Member Debay stated that she and Mayor Pro Tem Adams met with
the City Manager to talk about traffic on Pacific Coast Highway (PCH). She
reported that CalTrans controls PCH and indicated that a motorist can get
Volume 53 - Page 205
INDEX
Traffic Signals
(85)
City of Newport Beach
Study Session Minutes
February 22, 2000
• stopped at a number of signals trying to drive on PCH. She asked how the
synchronization works when there are pedestrians on the corner and if the
lights are ever overridden to keep the majority of the traffic moving. She
requested that the City ask CalTrans to check the lights to ensure that they
are working properly.
Transportation and Development Services Manager Edmonston stated that
traffic counts are the first thing they look at in order find out how much
traffic is occurring and the hours of traffic. From the data, the number of
lanes needed and signal timing is determined. He reported that the two
busiest intersections in the City are at PCH /Jamboree and PCH /Superior;
and the busiest left turn intersections are at PCH /Jamboree and Bristol/
Jamboree.
Mr. Edmonston clarified for Mayor Pro Tem Adams that CalTrans changed
the striping for the free right turn at PCH /Jamboree because they felt their
striping was safer. He added that CalTrans also took down the sign that
informed drivers that they do not need to stop to make the right. He noted
that CalTrans rotates its staff frequently to where the City is typically
dealing with people that only have one or two years experience.
In response to Council Member Ridgeway's question, Mayor Pro Tern Adams
stated that he designed the PCH /Jamboree intersection and that a grade
separation was considered at that time. Mr. Edmonston indicated that the
is City pitched that idea to CalTrans on at least two different occasions, but
they do not seem interested in looking at the impacts. Mayor Pro Tern
Adams reminded Council that the intersection was designed to have a dual
right turn and that a curb return was installed so that right turns could take
place on the outside. He indicated that this would be unconventional but
may be something the City should look at because his company knew 15
years ago that a single free right turn would not be enough over time. Mr.
Edmonston noted that about 1,500 cars drive on that turn during peak hours
when the capacity of the lane is about 1,800. He reported that the long
range projection was actually over 1,800 and that a safety valve was
included in the design as an option if the capacity was exceeded.
Mr. Edmonston stated that the highest amount of total traffic approaching
an intersection on one leg is at Superior/PCH in the morning from the
Huntington Beach direction. He indicated that about 30 intersections a year
are counted for purposes of the traffic phasing ordinance.
Mr. Edmonston discussed designing and studying new signals. He also
described a signal display, signal control mechanism, opticom detector, and
the red LED that assists the Police Department in enforcing red light
violations.
Regarding the opticom detector, Mr. Edmonston indicated that a rapidly
flashing strobe light is used and built into the Fire Department's light bar.
The signal senses the frequency of the strobe light and tells the controller
• that there is an emergency vehicle approaching. He clarified that only the
Fire Department has these and noted that the CalTrans signal personnel
allowed the City to put the detectors on the State highway signals. He
added that CalTrans does not maintain the detectors but will meet the City
Volume 53 - Page 206
INDEX
•
City of Newport Beach
Study Session Minutes
February 22, 2000
11h111a.4
and its maintenance company at the location to help them solve any
problems.
Regarding signal timing, Mr. Edmonston stated that the City develops the
timing for individual intersections and that it is influenced by the width of
the street, number of phases in a signal, and the volume of traffic per lane.
Once the individual timing is developed, adjacent signals are then
coordinated. He reported that the cycles are typically between SO and 110
seconds. Mr. Edmonston stated that the City operates the coordination on
Jamboree Road, Irvine Avenue, Superior Avenue, Balboa Boulevard, Main
and Palm Streets, and 21st and 23 =d Street. He indicated that the City does
not have coordination on San Joaquin Hills Road, but can change some of its
parameters with the City's master computer. He explained how PCH is
coordinated, noting that it is harder to hold the traffic together when signals
are further apart. Mr. Edmonston demonstrated how signals are
coordinated and how pedestrians can affect the timing of the signals.
Council Member Glover asked if a pedestrian overhead bridge on PCH at
Riverside and Tustin would help the intersections. Mr. Edmonston stated
that he cannot answer that at this time, but indicated that there are
pedestrians at those intersections at almost every cycle during much of the
day. He pointed out that the difficulty with pedestrian overcrossings is
getting people to use them.
• Mr. Edmonston reported that, during the peak hours on Jamboree, traffic is
fairly even in either direction but that the timing will favor the traffic in the
heavier direction. He indicated that adding a signal to a group can make a
difference on how a traveler progresses up and down the street. He believed
that the traffic study should be reviewed every two or three years to get the
most out of the system, but noted that it is a fairly intensive operation in
which the City has received OCTA grants and hired a consultant in the past.
He stated that they asked CalTrans for their timing patterns and when they
were last updated but it did not arrive by this afternoon.
Mayor Noyes stated that the Seven Minute Survey revealed that citizens
thought that PCH /Jamboree and PCH/Dover were the worst intersections.
Mayor Pro Tem Adams believed that most of the people think PCH /Jamboree
is bad largely because of the right turn.
Mayor Noyes asked why PCH /Jamboree has become the most dangerous
intersection. Mr. Edmonston indicated that it has that designation probably
because of the total number of accidents that occur at that intersection in
relation to the amount of traffic. He reported that the wide nature of the
intersection has led to it having special timing and an "all red period" in
which all the lights are simultaneously red to help traffic clear out of the
intersection. He added that the all red period following the triple left turn is
five seconds. Mr. Edmonston stated that they look at the police accident
statistics for the ten highest locations on the arterial streets and then the
City field reviews those locations to identify deficiencies and how to help
• them.
Public Works Director Webb offered Council an opportunity to look at the
traffic controller in the Public Works Department that is tied into the City's
Volume 53 - Page 207
•
0
City of Newport Beach
Study Session Minutes
February 22, 2000
signals. He indicated that Council will be able to see each City - controlled
intersection and how adjustments are made.
Mayor Pro Tem Adams believed that the timing studies need updating to
improve traffic flow. He indicated that the City is under a lot of criticism
regarding traffic and believed that a part of the reason for the criticism is
that the system is not optimized.
In response to Mayor Pro Tem Adams' question regarding double- cycling
Jamboree Road, Mr. Edmonston indicated that they have looked at doing
this at some of the smaller intersections, like Bison. Mayor Pro Tem Adams
expressed concern relative to the worsening of progression on Jamboree over
the last six months. Mr. Edmonston stated that, in conjunction with the free
right turn lane at Eastbluff and Jamboree, the contractor cut some of the
loops which caused the signal to operate at less than an optimum level. He
reported that the traffic system is probably due for a reexamination even
though it monitors City signals and has reporting capabilities.
In response to Council Member Glover's questions, Mr. Edmonston reported
that the State highways in the City include Coast Highway, Newport
Boulevard from Finley to the Costa Mesa limit, and Bristol Street and
Bristol Street North. He indicated that CalTrans is interested in
relinquishing Bristol Streets and believed that the area is one where the
State has spent a lot of time and has periodically updated the signals.
Mayor Noyes stated that it sounds like the City is wanting to update the
traffic study and get information from CalTrans. He emphasized that the
City is trying to improve traffic flow without building a lot of hardscape.
PUBLIC COMMENTS —None.
ADJOURNMENT — 6:00 p.m.
The agenda for the Study Session was posted on February 16, 2000, at
3:15 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
' -� i pill
Volume 53 - Page 208
INDEX