HomeMy WebLinkAbout01 - 02-09-2010 & 02-16-2010 MinutesAgenda Item No. 1
February 23,'2010
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
February 9, 2010 — 5:00 p.m.
I. ROLL CALL
Present: Council Member Selich, Council
Curry, Council Member Webb,
II. CURRENT BUSINESS
1. CLARIFICATION OF
2.
In response to Mayor Pro Te
Program Uniforms) and Item 6 } e:
Hurley agreed tote 2009 contrac ;
will be put out to R ublic Works
why funding was '?,from the
Encroachment Fund.
study
Mayor Pro Tem Henn, Mayor
dner, , Council Member Daigle
CONSENT
questions regarding Ite'5 (Junior Lifeguard
Newport Park), Fire Chief Lewis noted that
ice for 2010 and that next year the contract
l ctor Badum indicated that he will research
ei ral Fund rather than the Oceanfront
ENTAL QUALITY AFFAIRS
OF LEAF BLOWERS IN
City Mana Wood discussed the outreach efforts, EQAC
tions, and whe er there should be a complete or limited ban on leaf
ted thaa consultant would need to be retained to conduct a
e of the rdAhWn in City staff. This would cost approximately $10,000.
T enn questioned what the cost to homeowners would be if a ban was
toted large amount of emails he has received on the subject, and
the pos bility of resident associations assisting financially in moving the
[ember Daigle noted that economic impacts need to be considered and
that Council consider a limitation on leaf blowers.
3C cil Member Gardner noted that a ban would be the easiest way to monitor and
e orce the requirement, discussed EQAC's suggestion to keep the ban residential,
suggested researching labor costs, and felt that continued public outreach by staff
was not necessary. She also noted that the City of Laguna Beach has not had issues
with their ban.
Council Member Rosansky felt that this issue is a want rather than a need, that
money should not be spent on a consultant, and that the City needs to focus on the
budget first.
Council Member Webb suggested speaking with gardeners to find out how much
I
City of Newport Beach
City Council Study Session
February 9, 2010
more they would charge for not using leaf blowers.
Council Member Selich agreed with Council Member Rosansky, requested more
information on the cost and enforcement of a ban, and noted that enforcement might
put additional burdens on City staff.
Ken Drellishak discussed programs and reports done by the California Air Resources
Board (CARB) and the South Coast Air Quality Management District
(SCAQMD), and expressed support for some form of A restriction on leaf blowers.
Karen Tringali, Corona del Mar Residents Ass 'ation President, discussed results
from three polls conducted by the Associatio nd expressed support for an outright
ban.
Nancy Muran- Sanchez suggested thew e of garden cuums instead of leaf blowers.
Dr. Gail Reisman noted <hneayoa*nd conomicisaue gardeners due to leaf
blowers.
W.R. Dildine discussed gad leaf blowers and expre ed support for leaf
blower use within certain h, eration.
Hunter Cook expre ' support for an dinance to ban leaf blowers on a test basis.
Jennifer Rogers disc se h problem nd allergies related to leaf blowers and
expressed support for ban.
Mayor _ ry suggested urvey' g resid noted that banning leaf blowers might
enco 1. g` esidents to down their properties, and noted the importance of
p ding equate optio or landscaping.
r Pr Tem Henn sug sted limiting the ban to residential areas, having an
out r than lim tions, and confirming that there is public support of a
n. uppor letter to homeowner associations asking them to
p ° 'de fe ack on the s " 'ect and asked staff to also contact representatives from
mai anc ganizations for their feedback.
Coun ' embe aigle mentioned next generation technology and a leaf blower
swap p am.
Coun ' ember Gardner encouraged enacting a leaf blower exchange program if a
ban is t passed.
3. ENTATION BY ASSOCIATION OF ORANGE COAST YACHT CLUBS
Jon Reynolds, Association of Orange Coast Yacht Clubs (AOCYC) Commodore,
utilized a PowerPoint presentation to discuss the organization, the racing schedule,
racing marks and map, and primary activities.
Mayor Curry noted that Newport Beach is home to over 9,000 pleasure boats, which
helps to define the community.
III. PUBLIC COMMENTS - None
Volume 59 -Page 390
City of Newport Beach
City Council Study Session
February 9, 2010
IV. ADJOURNMENT - 5:40 p.m
The agenda for the Study Session was posted on February 3, 2010 at 2:45 p.m on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
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CITY OF NEWPORT BEACH
A. Public Employee Performance Evalua n (Gove ent Code § 54957(b)(1)):
The City Council will meet i closed session consider the appointment,
employment, evaluation of p orle, discipline, dismissal of two public
employees. A;
1. Titles: City Clerk and City rney
B. Conference with Lab Negotiators vernment Code § 54957.6):
1. Agency Design a esentati Bill Avery of Avery & Associates and Terri
Cassidy, Human ourcev' for
2. E;X yes Organs ation-, .. ewport Beach Associations - Lifeguard
ent Associa 'o ), Newp rt Beach Firefighters' Association (NBFA),
olice gement A' ation (PMA), Police Employees' Association (PEA) and Fire
„ Mar g ent Associati (FMA)
III. ER CESS
IV. RUM
V.
V1. SED SESSI POR No reportable action
VII. PPE OF ALLE IANCE - Council Member Gardner
o.
VIII. I OCA -M or Curry
IX. PRESENTA
Mothers Against Drunk Driving (MADD) Awards to Newport Beach Police Department
Officers Fitzpatrick and Miller - Gail Butler read a resolution from the Orange County Chapter of
MADD and presented an award to Police Officers Miller and Fitzpatrick for their exemplary service to
the community and for apprehending over 120 impaired drivers in 2009.
Proclamation Celebrating Henry Schielein's 60 -Year Career - Mayor Curry presented a
proclamation to Henry Schielein for his hard work around the world in the hospitality field.
Introduction of Students. Traveling from Antibes, France - Justin Myers thanked the Newport
Beach community for hosting the children and supporting the program. The students
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City of Newport Beach
City Council Minutes
February 9, 2010
X.
01
XII.
presented Mayor Curry with gifts and each student introduced themselves. Mayor Curry thanked
them and encouraged residents to attend a basketball game on Friday between the students from
France and the Corona del Mar Middle School students at the Corona del Mar High School gym.
NOTICE TO THE. PUBLIC
CITY COUNCIL ANNOUNCEMENTS,_OR MATTERS WHICH. COUNCIL MEM ERS WOULD.
LIKE PLACED ON A FUTURE AGENDA_FOIt DISCUSSION, ACTION OR REPORT.LNON-
DISCUSSION ITEM
Council Member Daigle reported that, during the Financsorommittee meeting, she learned that
property taxes for residents will be lowered, but noted tht will negatively impact revenues for the
City.
Council Member Gardner requested that eral ces Director Harmon provide a
presentation about pruning and saepre tions for trees and also ask ed City
Attorney Hunt to provide a report about quired of the resi is relative to parkways.
Council Member Webb provided a progr his walk around the and noted that he plans
to accomplish his goal of walking every n the year.
Mayor Pro Tem. Henn announced that the
brought to Council at a Study S4100.
Mayor Curry announced that he a n
Retirement Incentive Program (ER ) and
3.
safety committee's recommendations will be
for City employees due to the Early
e Promotion Ceremony on February
A. REAZONG OF AUNUTESIORD-WASCM2 AND RESOLUTIONS
1. THE OURNED REGULAR MEETING OF JANUARY 26,
a 201 AR MEETING OF JANUARY 26, 2010. [100 -20101
ive of subje inutes, approve as amended, and order filed.
2. R ING ORDINANCES AND RESOLUTIONS. Waive reading in full of all
o ces an solutions under consideration, and direct City Clerk to read by title
only
B. INAN FOR ADOPTION
8. AIJINDMENT TO CHAPTER 14.17 (WATER EFFICIENT LANDSCAPING) OF
NEWPORT BEACH MUNICIPAL CODE. [100 -20101 Adopt Ordinance No.
10 -1 which amends, in its entirety, Chapter 14.17 of Title 14 of the Newport Beach
Municipal Code regulations pertaining to water - efficient landscaping and references
the accompanying Design Standards document.
C. RESOLUTION FOR ADOPTION
4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE
TO UNIVERSAL WASTE SYSTEMS, INC. [421.100 -20101 a) Adopt Resolution No.
2010 -17 to conduct a public hearing on March 9, 2010, to consider the award of a Non -
exclusive Solid Waste Franchise to Universal Waste Systems; Inc.; and b) introduce
Ordinance No. 2010 -4 granting a Non - exclusive Solid Waste Franchise to Universal
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City of Newport Beach
City Council Minutes
February 9, 2010
XIII.
Waste Systems, Inc., and pass to second reading on March 9, 2010.
D. CQXZR4QTS.ANa AGREEMENTS
5. CONTRACT AMENDMENT WITH HURLEY FOR PURCHASE OF 2010
JUNIOR LIFEGUARD PROGRAM UNIFORMS (C- 4151). 1381100 -20101
Approve the change order to Hurley's 2009 Newport Beach Junior Lifeguard uniform
contract for a total amount of $157,900 plus tax.
6. WEST NEWPORT PARK LANDSCAPE P JECT - AWARD OF CONTRACT
(C- 4338). [381100 -20101 a) Approve the pro' drawings and specifications; b) award
Contract No. 4338 to Tal Cal Engineeri , Inc. (Tal Cal) for the total bid price of
$88,740.75, and authorize the Mayor a e City Clerk to execute the contract; and
c) establish an amount of $9,259.25 ve cost of unforeseen work.
E. MISCELLANEOUS
7. PLANNING COMMISSI AG DA FOR FE UARY 4, 2010. [100 -2070]
Receive and file written ort.
8. ACCEPT EMERGENCY AGEMENT PREPARED SS GRANT (EMPG).
[100 -20101 a) Accept the 2008 ergency Management Performance Reimbursement
Grant for $8,82 funding for hing the City's emergency management program;
and b) approve Amendmen o. IOBA -032 increasing revenue estimates by
$8,822 in Accoun 23 - - -° 4, and ap riating those funds into Fire Department
Account 2355 -810
9. PU E AND ST AAT1 ftF SMARTTATION CALL ALERTING
AT FIRE ON NO. 5 - CORONA DEL MAR. [100 -20101 Approve
e pur se and ins tion of WestNet Smart - Station Call Alerting System for Fire
Station o. 5 in an amo t not to exceed $45,000.
14otion b Ma P Henn s nded bv Council Member Ro n k to approve the
ons ar, t for noting the correction to the minutes by Council Member
motion carried the a g roll call vote:
o: Council Memb� Selich, ouncil Member Rosansky, Mayor Pro Tem Henn, Mayor Curry,
uncil Memb Webb, Council Member Gardner, Council Member Daigle
10. REC NDATIONS FROM WATER TAXI EXPLORATORY COMMITTEE. [100-
20101 �1
In response to Council Member Gardner's question, Assistant City Manager Wood reported
that the Harbor Commission took no action and the Economic Development Committee (EDC)
expressed support for generating a Request for Proposal (RFP). Further, they suggested that
a survey be conducted to measure support and demand for a water taxi service.
Mike McNamara, Summer Water Taxi Committee Chair, provided the history of the
Committee and the proposed program. He noted that there are two recommendations,
provided information about the proposed survey, and noted that the survey outcome will be
valuable if cross sections of people are 'surveyed. He indicated that Visit Newport Beach
Inc. is willing to provide $10,000 for advertising and reported that he was contacted by
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City of Newport Beach
City Council Minutes
February 9, 2010
M
XV
►M1
three potential operators who are interested in providing services without a subsidy. He
suggested conducting the survey this summer.
Council Member Gardner agreed that how the survey is approached is critical, expressed
concern that there is not enough information on what services will be offered, and believed
that more discussion is needed. Mr. McNamara stated that he made it clear to potential
operators that there is no subsidy from the City and noted that the operators are still willing
to submit a proposal. Mayor Pro Tem Henn stated that the EDC requested a survey in order
to see if there is support before moving forward with an FP. He suggested that the Summer
Water Taxi Committee find ways to subsidize the co f the survey and indicated that an
alternative funding method may be to use economic elopment funds.
In response to Mayor Pro Tem Henn's ques ' r. McNamura stated. that the Summer
Water Taxi Committee will explore ways o taim funds from other entities, prepare a
survey that will interest those who may!; sidize it, explore options relative to getting
the survey out to the public.
Mayor Curry commended the Su leer War Taxi. their work on the report,
believed that the survey shoul don n the summer, sugges hat the EDC work with
the Summer Water Taxi Commit d staff to devise a means conduct the survey, and
directed staff to bring the information k to Council prior to summer.
Council Member Daigl ted that the rnative to the RFP process is a Request for
O EPORT OM CI COUNCIL COMMITTEE ACTIVITIES
i
Mayor Tem He reported that the EDC received a presentation from staff which included
informati bout current year budget versus actual, and that the Finance Committee reviewed a
presentation s on plans for next year's budget, and the challenges that the City is facing. He
noted that the a large structural gap between revenues and expenditures which will require
tenacity of purp e, creativity, and fortitude by staff to close.
Mayor Curry reported that the Charter Update Commission had their first meeting and reminded
residents that the purpose of the Commission is to consider additional items and bring
recommendations to Council before the Charter amendments appear on the ballot.
Information (R.FI) which opera 'suggestions on what they think will work.
In response to Mr. McNa ra's ques'' ayor ry stated that the sunset date of the
Summer Water Taxi Commit . e can rf
Motion a � r Pr Tem ' n seconded b Council Member a dne to defer the
distri ion of RFP to S er 2011 and allow the Summer Water Taxi Committee to
work h inte sted parties to ructure and find subsidized funding to conduct a survey in
Summer 10.
'on'� ed by the g roll call vote:
Ayes: Co Me er Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
C � oun tuber Webb, Council Member Gardner, Council Member Daigle
PUBLIC COMMENTS - None
CURRENT BUSINESS
11. APPROVAL OF CONTRACT TO PURCHASE ONE LADDER TRUCK AND TWO FIRE
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City of Newport Beach
City Council Minutes
February 9, 2010
ENGINES FROM PIERCE MANUFACTURING INC. OF APPLETON, WISCONSIN (C-
4419). [381100 -2010[
Fire Chief Lewis discussed the process for acquiring new trucks, indicated that the current
trucks have exceeded the normal replacement cycle, and discussed funding.
Motion by Council Member Rosansky, seconded by Council Member Gardner to a)
.approve the negotiated contract with Pierce Manufacturing Inc. from.Appleton, Wisconsin, for
the purchase of one new 100' heavy duty tiller ladder, truck in the amount of $1,066,824
including tax and two 1250 GPM Triple Combinationotimpers in the amount of $1,032,806
including tax ($516,403 each); and b) approve BW#et Amendment No. IOBA -030 in the
amount of $346,019 to fund the purchase.
The motion carried by the following roll call ,oa.
Ayes: Council Member Daigle, Counc' ember \,Council Member Webb, Mayor
Curry, Mayor Pro Tem Henn, C ' ncil Member il Member Selich
12. WASTEWATER PUMP STATk RE ILITA DIAMOND AVENUE,
BACK BAY DRIVE, BREN , POLARIHARBOR RIDGE -
AWARD OF CONTRACT. [38110 01
City Manager Kiff repo ,mod that the. for the rehabilitation will be budgeted from the
Wastewater Enterprise ri e fund.
In response to Council Member Se uestion„ ublic Works Director Badum stated that
staff is adjusting the estim s to m m h current prices and indicated that this
project is t st one neede in o r to up d' all of the wastewater pump stations in the
City.
Mot' b Co cil Member Lich seconded by Council Member Webb to a) approve
the prod pla ' and specificati s; b) award Contract No. 3804 to Houalla Enterprises, Ltd.
dba Metr Engine Group, Ltd. for the total bid price of $1,994,112, and
th' ayor an y Clerk to execute the contract; c) establish an amount of
$200,0 ppr ately 10 %) cover the cost of unforeseen work; d) approve Amendment
No. 2 to ofes al Services Agreement with Stantec Consulting California, Inc. for
constructio bserva services for $35,618; and e) approve Budget Amendment No. 10BA-
031 appropr ting $5 000 from the unappropriated Wastewater Enterprise reserve fund
balance to A unt No. 7532- C5600100.
e motion ried by the following roll call vote:
Ayes. cil Member Daigle, Council Member Gardner, Council Member Webb, Mayor
Tem Henn, Council Member Rosansky, Council Member Selich
Abstain. ayor Curry
13. COUNCIL APPROVAL OF GOALS AND PROJECTS, ALONG WITH
IMPLEMENTATION PLAN, FOR CITY COUNCIL'S 2010 PRIORITIES. [100 -2010]
City Manager Kiff highlighted changes to the'Performance Measurement Report, stating that
the quarterly report will be brought back to Council on March 9, not February 23, and noting
that Mariners Mile's abatement should be completed by November or December. City
Attorney Hunt reported that the City has filed a lawsuit for the abatement of the property on
Pacific Coast Highway (PCH) between Dover and the McDonald's.
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City of Newport Beach
City Council Minutes
February 9, 2010
Mayor Curry stated that this year will be dominated by budget concerns, noted that the 46
items in the 2010 Goals and Projects Implementation Plan is a plan for action to improve the
community, indicated that the City is committed to making the investments needed to
enhance quality of life, and commended staff for their hard work.
Council Member Gardner suggested that the Citizen Satisfaction Survey be delayed at least a
year until the reorganization of the City is completed and believed that residents would most
likely want money to be spent on substantive projects like road construction.
Mayor Pro Tem Henn indicated that it is in
baseline before engaging in changes. He stated
is important to provide a fresh baseline. view a
large amount of money or effort.
City Manager Kiff stated that he can
focusing on budget issues.
establish a customer satisfaction
will be a new executive staff and it
that the survey will not require a
and noted that he is currently
Mayor Curry believed that the &vey 'uld be conducts ter employee restructuring
changes are made and also beli tha is important to meas d benchmark impacts.
City Manager Kiff stated that he pi hire a new Police Chief and Fire Chief by July and
requested to move the s rvey to August.
Council Member Rosans " that the C I, has to focus on the bottom line which is the
budget and urged Council be _ with all enditures for projects.
Council Member Daigle sta that 'e dire ,.. hat the City Manager is going is supported
by the F' ommittee, b is that an omic analysis should be done on proposals
that g' Co ' cil in order observe impacts to jobs, and encouraged the reuse of
profe onal res ces.
Mayor P e _ stated tha a is identifying private sources to provide funding for the
sio r BaJ a Village Area, indicated that he is seeking to initiate a
p a ` exe led by tside consultant for Lido Marina Village, and believed
that priv pa ight be willing to provide funds and resources for that project as well.
In response Mayo ro Tem Henn's question, City Manager Kiff stated that staff will
increase Ha r r relate fees that are routinely increased by the CPI and then overlay the
adjustments fter a new appraisal is completed, with the benefit of public input in the
In r ne 'to Council Member Rnsansky's question, City Manager Kiff noted that the first
stakeh s meeting was conducted for Harbor fees, indicated that he hoped to have
the app al finished in March, and stated that the project is somewhat behind schedule.
Council Member Rosansky stated that staff needs to focus on generating revenue for the City
instead of spending money on a customer service satisfaction survey and indicated that
the Harbor fees should have been raised years ago.
Mayor Pro Tem Henn suggested delaying the customer service training until the
reorganization of City staff is stabilized. Mayor Curry clarified that it would not. be taken
off the list, just deferred.
In response to Mayor Pro Tem Henns questions, Planning Director Lepo clarified that
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City of Newport Beach
City Council Minutes
February 9, 2010
the amendments to the Zoning Code are expected to be adopted in October and a draft will be
available to the public on March 1. Assistant City Manager Wood stated that the Coastal
Implementation Plan is not on the 2010 priorities list because it is scheduled to be finished in
2011.
City Manager Kiff stated that he will update the list with the missing information and
corrections, provide the update to Council, and upload it to the City's website for the public.
Motion by Council Member Daigle. seconded. l
the list of goals and projects, draft implementation
hours and b) receive and file. �i
XVII. MOTION.FORRECONSIDERATION -None
XVIII. ADJOURNMENT - 8:15 p.m.
yor Pro Tem Henn to a) update
and Planning Department project
The agenda for the Regular Meeti4or os ed on Febru 3, 2010, at 2:45 p.m. on the
City Hall Bulletin Board located e City of Ne rt Beach Administration
Building. The supplemental age n Regular Meeting posted on February 5,
2010, at 3:50 p.m. on the City Hall Board located outside f the City of Newport
Beach Administration Building.
Volume 59 - Page 898
CITY OF NEWPORT BEACH
City Council Minutes
Special Meeting
February 16, 2010 — 5:00 p.m.
I. ROLL CALL
H.
W.
�I
r (�>.
.
Present: Council Member Selich, Council Member
Council Member Gardner, Council Memb
Excused: Council Member Webb
City Clerk Brown announced that Coun<Mon
location pursuant to Government Code S"
California.
CLOSED SESSION
A. Conference with Labkfel��eao
Mayor Pro Tem Henn, Mayor Curry,
will be p ciating from a teleconferencing
1 Miramon Point Road, Half Moon Bay,
1. Aeenev Desi a a entatives: Avery of Avery & Associates and Terri
Cassidy, Human I Ir
2. Em ee on: ultiple wport Beach Associations - Lifeguard
ent Associa " MA), Newport Beach Firefighters' Association (NBFA),
olice anagement ation (PMA), Police Employees' Association (PEA) and Fire
Mana ent Associati o (FMA)
The agenda for uftp Re Meeting was posted on February 13, 2010, at 11:00 am. on the
ty Hall Bullet' card ted outside of the City of Newport Beach Administration
ding. The am ded age da for the Regular Meeting was posted on February 14, 2010,
at 0 p.m. on th City Hall Bulletin Board located outside of the City of Newport Beach
City Clerk
Recording Secretary
Mayor
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