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HomeMy WebLinkAbout11/24/2009 - Study SessionCITY OF NEWPORT BEACH City Council Minutes City Council Study Session November 24, 2009 — 3:30 p.m. I. ROLL CALL Present: Council Member Henn, Council Member Rosancky, Mayor Selich, Mayor Pro Tem Curry, Council Member Webb, Council Member Gardner, Council Member Daigle II. CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item 4 [Appointment of Edward Reno to Environmental Quality Affairs Committee (EQAC)], Council Member Daigle clarified the name of the member. City Manager Riff requested that Item 7 [Amendment of Municipal Code Title 19 (Subdivisions) and Adoption of Inclusionary Housing In -Lieu Fee] be continued to the January .12, 2010, meeting; indicated that further discussion will occur regarding Item 16 (Approval of a Negotiated Purchase of One Ladder Truck and Two Fire Engines from Pierce Manufacturing Inc.); and requested to continue Item 18 (2010 Restaurant Weeks Work Agreement) to December 8, Item43 [Cost Recovery Ordinance (Chapter 3.36), Fee Resolution and Master Fee Schedule] to a future meeting, and Item 25 (Appeal of Hearing Officer's Denial of Use Permits and Reasonable Accommodations - Yellowstone Women's First Step House, Inc.) to an Adjourned Regular Meeting on December 2. Regarding Item 5 (Construction and Maintenance Projects in Residential Districts Code Amendment), City Manager Kiff clarified that permits will be issued for a period of no longer than six months. Regarding Item 7 (Amendment of Municipal Code Title 19 Subdivisions and Adoption of Inclusionary House In -Lieu Fee), Planning Director Lepo stated that a provision was added to require a zone change to address sideyards that meet frontyards and that all approvals are made by the Planning Commission and Council. Regarding Item 18 (2010 Restaurant Weeks Work Agreement), Assistant City Manager Wood stated that the planning for the October 2010 Restaurant Week will need to be started right away and believed that waiting to go through the Request for Proposal (RFP) process will not allow sufficient time for preparation. Council Member Gardner requested that the staff reports include a strikeout version of amended information so Council can see the changes. In response to Council Member Daigle's question, Economic Development Administrator De Santis stated that anything created by the Business Improvement District for Restaurant Week is the property of the City, as indicated in the contract. 2. RECREATION CONTRACT INSTRUCTION OVERVIEW. (700.2009] Volume 59 - Page 322 City of Newport Beach City Council Study Session November 24, 2009 Recreation and Senior Services Director Detweiler utilized a PowerPoint presentation and discussed recreation contracts, independent contractors, the benefits of using independent contractors, the types of classes and camps conducted, City. facilities, statistics,, participant enrollment, pertinent municipal codes, contracting.procedures, and selection criteria of instructors. In response to Council questions, Recreation and Senior Services Director Detweiler stated that the recreation programs are covering their overhead, OASIS programs are expanding, and Park Patrol staff assists in bringing facility uses into compliance. She noted that staff recognizes continuity and retention, believed that the RFP process might: be helpful in dealing with some contracting issues, stated that the process that the City uses for facility usage is similar to other cities, noted that the overhead amount includes park maintenance, assured Council that there are minimal issues pertaining to the usage of contractors for recreation services, and noted that people could rent City facilities to conduct classes as long as they pay the commercial rate. She also thanked her staff for their hard work and Council Member Henn also complimented staff for their ability to work with a large number of people, but have a minimal amount of complaints. 8. SHELL HYDROGEN STATION AT JAMBOREE AND SAN JOAQUIN HILLS ROAD. [100 -2009) Shell Project Manager Jim Martin utilized a PowerPoint presentation that discussed the current energy challenges, the California Fuel Cell Partnership Action Plan, facts about hydrogen, fuel cell vehicles, the station location, and community outreach. In response to Council questions, Mr. Martin stated that the neighbors around the station have been notified of the study session and that there are about 12 stations in California. 4. WATER TAXI COMMITTEE REPORT. [100 -2009] Mike McNamara, Chairman of the Summer Water Tax Exploratory Committee, utilized a PowerPoint presentation that included information about water taxis, the General Plan; Local Coastal Program, objectives, the purpose of the Committee, goals for water taxi service, the study's approaches and constraints, the need and market support, possible grant sources, route systems, vessel types, selected systems for comparisons, cities that currently have water taxis, maps, existing and potential City and public docks, and financial estimates. He further discussed a pilot program for 2010. Council Member Gardner expressed concern about the use of public docks for competition of service and using the Lower Castaways parking lot for profit. She suggested that a pilot program be conducted only in the Lower Bay area. Mayor Pro Tem Curry thanked the Committee for their good ideas, believed that water transportation is difficult, and expressed concern about funding for the program. Council Member Henn thanked the Committee for the information, expressed concern for the ability to obtain RFP's for a one season pilot program, and suggested that the report be directed to the Harbor Commission and the Economic Volume 59 - Page 828 City of Newport Beach City Council Study Session November 24, 2009 Development Committee (EDC) for further evaluation In:response to 'Council questions, �Mr. McNamara believed that potential operators will,be more apt. to try the pilot program if they are allowed to use the public docks, stated that. he, spoke with boat, manufacturers who are interested in a pilot program; noted that no subsidized funding has been found, and stated that there are parking and speed limit concerns in the Harbor. Council Member. Daigle expressed appreciation for the Committee's work. Mayor. Selich expressed concern for the subsidy needed to operate the program and believed it is not feasible.for a private operator unless funds are provided. However, he believed that it is worth taking the next step. Jack Tingley suggested using water taxis for recreation programs and expressed concern about how docks are currently being used. Jim Mahoney stated that he operates a water taxi service on an on -call basis, provided photos of -his boat, and discussed the requirements for operating a water taxi. He also noted that the.time to travel along the Harbor is so long that it is not profitable. He believed that the program would need to be subsidized. Scott Smith expressed appreciation for the Committee's work and believed that the cost is twice as much as notedAn the report because boats will need to comply with the Americans with Disabilities Act (ADA) for wheelchair accessibility. He noted that a Captain's license is needed, believed that the pilot program will need to be at least nine months long to be profitable, and believed that subsidy is needed. He noted that he reviewed water taxi services in other locations and stated that his company will answer an RFP if the City provides one, He expressed the opinion that the program will cost the City a lot of money and believed that the operating capital per year will be substantial. 5. CONSIDERATION . ' OF CREATION OF A CHARTER UPDATE COMMISSION. [391.100 -2009) City Attorney Hunt provided a staff report and noted that the City Charter and the Civil Service Ordinance. are both over 50 years old. He added that there have been substantial changes in the law and some aspects are unenforceable and not consistent with current practices. He stated that the report includes a timeline and a list ..of potential issues to address. He stated that, with direction from Council, staff will bring back a resolution to form the Commission. Mayor Pro Tern Curry thanked staff for outlining the issues, expressed the importance of the Commission to have actively involved citizens, believed the timetable is appropriate, noted that Council has the final approval of issues to be included on the ballot, and requested that the Commission be comprised of seven members. Council Member Webb suggested that the Commission be composed of 14 members with two people from each District in order to ensure that all areas of the City are properly represented. Mayor Selich believed that too many members could complicate the ability to get Volume 59 - Page 324 City of Newport Beach City Council Study Session November 24, 2009 work done In response to Council Member Daigle's question, City. Attorney Hunt stated that the City Charter presently prohibits the sale of any bayfront property; however, the proposed Charter Update Commission can address the issue with the approval of Council. Council Member Henn stated that he is in favor of keeping the number of members in the Commission to seven, stated that having a large group will cause scheduling issues, and expressed support for having all seven Districts represented. Council Member Rosansky expressed support for keeping the number of members to seven if the Commission focuses on the list provided and added that he would like to have one or two non - voting Council Members attend the meetings. Council Member Gardner concurred with Council Member Rosansky. Mayor Pro Tem Curry reiterated his belief that a smaller group is better and expressed support for having at least one non - voting Council Member attend the meetings. City Attorney Hunt stated that a provision can be included to state that the Charter Update Commission is required to provide recommendations to Council before engaging in any discussion of issues outside of the list. City Attorney Hunt stated that staff would like to add one item to the list that would modify Charter Section 14.01 pertaining to oil well drilling. Council Member Webb expressed support for the proposed Charter modification of Section 14.01 and Council Member Rosansky stated that he preferred to have a full analysis from the City Attorney's Office about the potential impacts of oil drilling on the Banning Ranch property prior to the Commission's evaluation. City Attorney Hunt stated that staff could provide the analysis the first meeting in January. Council Member Henn believed that the City needs to address the issues of oil drilling and be flexible in how City -owned oil drilling is managed. He assured the public that the City is not talking about expanding the ability to drill for oil in other locations of the City, but in the City's current oil locations and Banning Ranch. 6. STATUS OF THE OIL EASEMENT ISSUES. [731100 -2009] City Manager Kiff provided a staff report that included the history and background of agreements between the City and residents and stated that staff is asking for direction from Council regarding future dealings. Revenue Manager Everroad utilized a PowerPoint presentation that included the subsurface pass- through agreements, maps, easement payments, who the City should pay, easement agreement issues, and resolutions to current issues. He stated that staff is recommending. that the City purchase the easements from the residents which will end yearly payments. Council Member Rosansky thanked staff for their work in locating the owners, believed that one appraisal is enough, and stated that purchasing the easements is a good solution. Mayor Selich agreed that it makes sense to purchase the agreements. III. PUBLIC COMMENTS - None Volume 59 - Page 325 City of Newport Beach City Council Study Session November 24, 2009 IV. ADJOURNMENT - 5:33 p.m The agenda for the Study Session was posted on November 18, 2009 at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor Volume 59 - Page 326