HomeMy WebLinkAbout01 - MinutesAgenda Item 111
April 12, 2011
City Council Minutes
Study Session
March 22, 2011 — 5:00 p.m.
I. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curr1-touncil Member Daigle
H. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE
Regarding Item 5 (Phases 4 & 7 of the"Traffic Signal Modernization Project), Council
Member Curry asked staff to provide aAimeframe for the remaining phases of the
project.
In response to Mayor Henn's question regarding�Item 4 (Approval of Master Fee
Schedule and Change in Sulisidies)-,Administratiye Services Director McCraner
explained that staff was not aware`-of-why certain fees were excluded from the
Master Fee process in the `past and ssured Co ncil that all fee change
recommendations will be reviewed with Council-,in, the future. Regarding Item 5
(Phases 4 & 7 of-the Traffic Signal`ModeriLation Project) , he asked staff to provide
a demonstration to� him on how hthet signal synchronization will work on the
2. CONTRACTING. OUT PARKING METER OPERATIONS AND PARKING
METER ENFORCEMENT -�.�_ CENTRAL PARKING SYSTEM INC.
Administrative ` brvices'Director McCraner utilized a PowerPoint that included
current parking operations and enforcement, parking meter models in other
`cities, the Request,'For Proposals (RFQ) evaluation criteria, top three RFQs chosen,
final, selection criteria, staffs recommendation, and other terms included in the
In response to Council questions, Administrative Services Director McCraner stated
that the City; is'guaranteed to receive $3 million in net revenue, noted that there is a
merchant fee charged for credit card usage, believed that banking fees should be
minimal, discussed staff and revenue changes that the contract will
bring, explained the contractor's operator cost, talked about multi -space and single -
space meters, and provided information about the maintenance of the meters.
Jerry Skillett, Central Parking System's Vice President, discussed how fees are
charged to use pay -by -cell, noted that they have not experienced a great deal of cell
phone transactions, described the fees in relation to gross revenues, highlighted the
benefits of using credit cards to pay for meter use, and'expressed confidence in
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City Council Study Session
March 22, 2011
_l
Central Parking's ability to fulfill the contract.
Council Member Daigle suggested adding a flow chart to explain the fees and make
it easier to understand.
In response to Council questions, Deputy City Attorney Torres explained that
revenue information is defined in the revised contract.
Council Member Curry expressed support for credit card usage at parking meters,
stated that the machines are user - friendly and convenient „and believed that new
infrastructure will also benefit the City. fr
In response to Council questions, Robert Kamper, Central Parking System's Director
of Municipal Operations, explained the difference betwe6ii- ,single and multi -space
meters, stated that credit card meters will be placed at spaces that cost at least
$1.00 per hour, discussed maintenance of the,uieters,explainedhow issues with the
meters will be addressed, addressed staffing, talked about community outreach,
indicated that photos of the meters will be provided at the regular meeting,
discussed the durability of the meters] explained' how the wireless component works,
and expressed reasons why utilizing a pay and'`- display system is not desired.
Council Member Hill clarified that the contractor is willing to hire current City
staff, discussed equipment funding, expressed 'concern about the current parking
structure, questioned the ownership, of the parking meter titles once they are
installed, and asked about the mairiienance,of the me'te.ra . after the contract ends.
In response
clarified that
that there is
control the. c
meters that,v
foresee a Dro
and indicated
to Council questions, Administrativb-Services Manager McCraner
the equipment will belong,to'the City atthe end of the contract, stated
no current revenue data'�for each meter, clarified that the City will
Cation aspect of the panting meters, noted that a location map of the
all be replaced will be brought back to Council, stated that she does not
ilem wiffiAbe, contract, reported that the City will continue to collect
evenue; a'nd'- noted-,that the addition of new meters can result in a
ie contract. Mr. Skillet stated that the equipment is not
Loed that'there are no mark -ups for the purchase of the equipment,
tfiat the new.-technology will not result in an increase to parking fees.
Mayor Henn expi
of the revenue for
not address what
agreed Chat credit
d support for more meters, asked for an incremental analysis
next three years, and expressed concern that the contract does
City will do if the revenue increases. Council Member Daigle
I usage at parking meters is convenient.
Bruce Brandenburg, Pier to Pier, urged Council to keep rates the same and
expressed opposition to having meters in residential areas.
Dan Purcell thanked Council for focusing on cell phone usage for meters, but
expressed concern about customer's financial information being available to the
contractor.
Jim Mosher expressed concern that Exhibit B did not correlate to staffs
presentation and stated that the start year and threshold are not clear in the
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City of Newport Beach
City Council Study Session
March 22, 2011
contract.
III. PUBLIC COMMENTS - None
IV. ADJOURNMENT - 6:31 p.m
The agenda for the Study Session was posted on March 18, 2011, at 3:25 p.m on the
City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
r'
�1r
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City Clerk
i,
N
Secretary
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Z '�3 f�� '�. "�➢ `� d NO
City Council Minutes
City Council Regular Meeting
March 22, 2011 — 7:00 p.m.
I. STUDY SESSION - 5:00 p.m.
II. CLOSED SESSION - 6:32 pan.
A. Conference with Legal Counsel - E:
54956.9(a)): One matter:
1. Banning Ranch Conservancy
Superior Court Case No. 30 -201 „(
III.
IV.
V.
County
B. Conference with Legal Counsel - Anticipated Litigation - Exposure to
Litigation (Government Code $ 54956.9(bi): One matter:
1. Potential exposure to litigation arising from threat of violation from
California Coastal Cci mission for brush, clearance allegedly being
performed without a'Coastal�Development Permit on City Sunset Ridge
Park property prior to City, owners
hip. ^ \z \ �i
C. Public Emolovee Performance Evaluation (Goverinnent Code S 54957(b)(1)):
The City Council will meet in closed session to consider the appointment,
employment'; evaluation of performance, discipline, or dismissal of two public
employees.
Present: Council Member)Hill, Council Member Rosansky, Mayor Pro Tem. Gardner, Mayor
Hemp ,bouncil Member Selich, Council Member Curry, Council Member Daigle
VI. CLOSED SESSION_,REPORT - City Attorney Hunt announced that there was no
reportable action taken.
VII. PLEDGE OF ALLEGIANCE - Boy Scout Troop 37
VIII. INVOCATION - Mayor Henn
IY. PRESENTATIONS
Recognition of Corona del Mar High School Boys Water Polo Team 2010 CIF
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City Council Minutes
March 22, 2011
Southern Section Division II Champions - Mayor Henn recognized the water polo team
members in attendance and the coaches. The team presented the City with a plaque and
photos.
Orange County Water District (OCWD) Storm Water Capture - Steve Sheldon, OCWD
Director, and Mike Markus, General Manager, utilized a PowerPoint presentation to discuss
OCWD water sources, water challenges, stormwater capture, and the Prado Dam's current
situation.
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUN
REPORT (NON- DISCUSSION ITEM)
Mayor Pro Tem Gardner referenced an email from
Park and the placement of the Ronald Reagan an
Hunt indicated that the planned community text dIi
noted that the placement and size of the Reagar
findings need to be made. He stated that he will $T!
to Mr. Johnson's email. Interim Planning Directooi
outlines specifically what can be exempted.
:y Johnson relative to Castaways
Memorial stat s., City Attorney
".objects that are unobtrusive, but
ie has not been determined, and
Council with a copy of hisiresponse
ipbell added that the Zoning Code
Council Member Daigle announced that,the >.40th Annual Police Appreciation Breakfast will
be held next Wednesday. i\ ' •: ,,, ��
Council Member Curry referenced the tsunami in Japa- n�and,enco'uiaged residents to become
involved in the City's Community Emergency Response Team;(GERT) in the event that a
natural disaster occurs iu thelcity.
Mayor Henn announc
6 from 4:00 to 6:00
Committee will meet
will
that the Neighborhood Revitalization Committee will meet on April
.m
Mardi 23, he will be ass
on, ^"larch 23, the mewl
prcjeetupdate on the pr(
Council�Member Curry v
the Hyatt -hI _Irvine; on
a.m. at the Newport Coa
Literacy Luncheon at the
100th anniversary,by,hol
and on April 9, the\ Nei
Central Library.
XII. CONSENT CALENDAR
in the Council Chambers and the Tidelands Management
arch-30, from 4:00 to, 6:00 p.m. in the Council Chambers. He
ito meetings_because, they need input relative to the process that
ory.,panel component of the committees. He reported that, on
ng`vaith Mayor's-Meals-on-Wheels at the OASIS Senior Center;
s of the,.former Marina Park Committee will be receiving a
:t at 3:00�p.m. in the Council Chambers; on March 24, he and
. be attending the Orange County Mayor's Prayer Breakfast at
it 2, there will be a Meet the Mayor session from 9:00 to 10:30
Community Center; on April 8, he will be attending the Gift of
idisson Hotel; on April 9, the firefighters will be celebrating their
ig a pancake breakfast at Fire Station 7 in Santa Ana Heights;
)rt Beach Arts Exposition will take place at 4:30 p.m. in the
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS
OF MARCH 8, 2011. 1100 -20111 Waive reading of subject minutes,
approve as written, and order filed.
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City of Newport Beach
City Council Minutes
March 22, 2011
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only.
B. ORDINANCES FOR ADOPTION
3. CODE AMENDMENT NO. CA2010 -010 (1537 SANTANELLA
TERRACE) - SECOND READING AND ADOPTION OF ORDINANCE
NO. 2011 -9 TO CHANGE THE FRONT SETBACK ESTABLISHED ON
SETBACK MAP S -9A - IRVINE TERRACE FROM 34 FEET TO 19
FEET FOR THE PROPERTY LOCATED ATf�1537 SANTANELLA
TERRACE. [100 -20111 Conduct second reading�Ld adopt Ordinance No.
2011 -9, as introduced by the City Councilr,on March 8, 2011 (Code
Amendment No. CA2010 -010) to change th6fr established by
Setback Map S -9A - Irvine Terrace from X34 feet to- 19.feet for the property
located at 1537 Santanella Terrace. r' v y
4. APPROVAL OF MASTER FEE SCHEDULE AND\CHANGE IN
SUBSIDIES. [100 -2011] a) Conduct second reading and adopt, Ordinance
No. 2011 -10, amending NBMC'- Section 3.36.030.3.4; and b) conduct second
reading and -adopt Ordinance No.`2011 -11, updating NBMC Sections
14.12.085(A) and 14.12.125(A) to refer to the appropriate fees. Council
Member Daigle uoted'No on this item:
:V
5. PHASES 4 & 7 OF THE TRAFFJC_ SIGNAL .MODERNIZATION
PROJECT, -, COMPLETI'ON AND - ACCEPTANCE OF CONTRACT NO.
4395. [,381100 -20111 a) Accept the completed' work and authorize the City
ClerkJto file a Notice of Completion for the project; b) authorize the City
Clerk to release the Labor and Materials Bond 35 days after the Notice of
Completion has been recorded'in accordance with applicable portions of the
Civil Code; and --O- release the'4aithful Performance Bond one year after
_.Councilacceptance`'
In response to"Council Member Curry's questions, Public Works Director
Badum indicated`that the City is trying to use Measure M funds for Phases
6 and 8 sb� until a` determination about funding is known, the schedule for
the two phases has not been finalized.
�s
6. TSUNAMI WARNING SYSTEM - COMPLETION AND ACCEPTANCE
OF CONTRACT NO. 4152.[38/100-20111 a) Accept the completed work
and authorize the City Clerk to file a Notice of Completion for the project; b)
authorize the City Clerk to release the Labor and Materials Bond 35 days
after'. the Notice of Completion has been recorded in accordance with
applicable portions of the Civil Code; and c) release the Faithful
Performance Bond one year after this Council acceptance.
D. MISCELLANEOUS
8. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE
NEWPORT BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND
APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS
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XIII.
BUDGETS FOR FY ,2010/11. [100 -20111 Approve Budget Amendment
No. 11BA -031 to increase revenue estimates by $7,450 in Account No. 4090-
5893 (Library Foundation/NBPLF). Expenditure estimates will be increased
by $5,000 in Division 4090 (Library Foundation) and by $2,450 in Division
4060 (Literacy Services).
9. GENERAL PLAN ANNUAL STATUS REPORT INCLUDING
HOUSING ELEMENT REPORT (PA2007 -195) - Pursuant to State
law, the City prepares an annual report on the status of the City's
General Plan and Housing Element for its legislative bodies, the
State Office of Planning and Research (OER), and the State
Department of Housing and Community Development (HCD). After
review by the City Council, the report is `.submitted to OPR and
HCD. [100 -20111 Receive and file. I.:! +w
Motion by Mayor Pro Tem Gardner, seconded bv' Uouncil Member Rosansky to
approve the Consent Calendar, except for the item removed (7); and noting the No vote on
Item 4 by Council Member Daigle.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosa`nsky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
7. PLANNING COMMISSION AGENDA FOR MARCHN17, 2011. [100 -20111
Acting Planning,Dzrector Campbell; ;reviewed Planning' Commission Item 4 (Zoning
.-
Code Implementi
atron? as it relates tb,the authori ty of alcohol sales, in -lieu parking,
and Planning Commission appeals.
Mayor Pro Tem_ Gardner believed that -, all the issues relative to the Zoning Code
implementation'shourld be8isetissed by Council.
4George Schroeder`` pressed concern relative to alcohol licenses,
the overconcentration of" uor licenses on the Peninsula, and took issue that Zoning
Administrator hearings are,-held in the afternoon which makes them difficult to
`attend. He noted at the Planning Commission voted unanimously to have alcohol
'license applications go before the Commission.
Council. Member }Curry stated that the Planning Commission made significant
changes that should come before Council in the form of a staff report, not by pulling
the item offal tbe) Consent Calendar in order to initiate discussion.
to receive and file.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
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March 22, 2011
XIV. PUBLIC COMMENTS
Laura Dietz, Newport Beach Rotary Club, reported that the Rotary Club will be holding a
fundraiser on April 2 to raise funds to assist the Newport Beach Central Library with its
State funding shortfall. She stated that people can call her to receive more information (949-
721- 8035).
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None
XVI. PUBLIC HEARING
r
10. CROW BURGER KITCHEN MINOR USE PERMIT- (PA2010 -155) - AN
APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF MINOR USE
PERMIT NO. UP2010 -036 ALLOWING AN _EATING AND DRINKING
ESTABLISHMENT WITH A COVERED OUTDOOR DINING PATIO WITH A
TYPE 41 (ON SALE BEER AND WINE,- EATING PLACE) ALCOHOLIC
BEVERAGE CONTROL (ABC) LICENSE./ 0-20111 `
Jim Campbell utilized a PowerPointzpresentaion to discuss wliat \the Zoning
Administrator and Planning Commission.app owed. He reported that Ehe item was
appealed to Council by Council Member'Ros`ansky in order to evaluate the hours of
operation for alcohol service on the outdoor patio.
Mayor Henn opened the priblc`hearing. `•. `\
Steve Geary, Crow Burger, stated_ that` ,r`ow,,Burger is a. gourmet burger restaurant
and believed that the Zoning Adminis was fair and sensitive to the
neighborhood. He highlighted the results of'a rep`oo from an acoustic engineer.
- R
Sean Whiskerm n Catellus Development Group - owners /developer of The Landing
shopping center, stated that after thev met with community members to hear their
interests and concerns, they sought after operators that would be
complimentary and good.corporate citizens. He commended Crow Burger for being
that tyTe:of business and for meeting;wath the community. He expressed concern
over- the'Commission's,action and "discussed the timeframe for the opening of the
center.
Don Chambers expressed' concern about adding another place where alcohol is
`-lserved on the Peninsula and requested that Council uphold the Commission's
decision.
Geor&`,Schroeder,`expressed concern for the number of liquor licenses on the
Peninsula\ He urged Council to be careful of who is issued an alcohol license. He
showed slides,oPa shopping center that has many alcohol licenses and noted that
residents live AO -feet from the parking lot of the proposed site.
Craig Oka, Crow Burger architect, discussed the importance of the patio and
believed that limiting the hours of operation and alcohol service will hinder allowing
the operation to work. He indicated that the three -foot railing is made of glass and
is a requirement for the ABC license. Acting Planning Director Campbell noted that
raising the railing would start to enclose the patio and reiterated that the Crow
Burger was looked at as a restaurant and not a bar.
Joe Reiss stated that he and his neighbors support the Zoning Administrator's
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March 22, 2011
decision and did not understand why the Commission changed the hours of
operation but agreed to extend Malarkey's hours to 11:00 p.m. He believed that the
new center is a positive step for the community and hoped that more upscale
restaurants would come to the area.
Barbara Chambers believed that the..hours of operation should be limited and
expressed support for the Commission's decision.
Hearing no further testimony, Mayor Henn closed the public hearing.
Council Member Rosansky emphasized that Crow Burger ispuot bar and will only be
open until 11:00 p.m. He noted that the location was aretail center before so the
area already has experience with the parking issues He agreed with Mr. Riess'
concern about Malarkey's and indicated that he,vAff Abe supporting the Zoning
Administrator's recommendation.
Motion by Council Member Rosansk3i,' seconded bV 'Mayor Pro Tem
Gardner to a) determine that the appropriate time limit on the service of alcoholic
beverages on the outdoor patio will be,]:0':00 p.m r,� and b) adopt Resolution No. 2011-
27 approving Minor Use Permit No. UP2010 -036 subject to findings anid' conditions
included in the resolution. ` C Nr
Council Member Curry stated,,that a good case.has been made for the 10:00 p.m.
time limit and noted that he will be- supporting the motion.
Council Member Daigle stated that The`'L'anding is asinvestment into the City and
agreed with the Zoning Administrator's recommendation4
Council Member:Hill,`stated that the Crow Burger restaurant will draw an upgrade
of clientele to the areal and expressed his support. He also pointed out that the minor
use permit includes 7C4 conditions
Mayor Henn agreed tfiat -the area willlbe revitalized with businesses that attract a
higber- level.chentele and that -Grow- Burger is a restaurant, not a bar.
%The motion carrie t, -e following roll call vote:
i 'ti Ayes: Council Member Hill,'Council Member Rosansky, Mayor Pro Tom Gardner,
Mayor Henri, Council Member Selich, Council Member Curry, Council Member
` Daigle
XVII. CURRENT BUSINESS
11. SPECIAL EVENTS ADMINISTRATIVE POLICY. [100 -2011]
Public Information Manager Finnigan utilized a PowerPoint presentation to review
past practices and proposed changes, highlight the process, discuss changes since
the March 8 Study Session, and highlight the recommended fee changes, the
proposed timeline, and next steps.
Council Member Curry expressed support for the new fee Police service fees.
He recommended changing the language to indicate that, if the event is charitable in
nature, it should benefit a Newport Beach or Orange County -based
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City Council Minutes
March 22, 2011
charitable organization.
In response to Council questions, Public Information Manager Finnigan explained
the reason for the reduction of City support to 25 %. Regarding the annual Persian
New Year celebration, City Manager Mff indicated that the event does not come
from an organization but reported that the City staffed the parking lot in order to
charge for parking. He stated that, if the modified hourly rates are acceptable, they
will be added to the Master Fee Schedule.
Motion by Council Member Kosanskv, seconded by Council Member Hill to
a) approve the revised administrative process for handling requests for special event
support, including the amendment to change the language'such that events that are
charitable in nature should benefit Newport Beach, wr Orange County -based
charitable organizations; and b) direct staff to implement -the modified hourly rates
for staff support to community events. r l
The motion carried by the following roll call ybte:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Te'ip Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle .f
12. MEMORANDUM -OF AGREEMENT WITH"THE PORT OF LONG BEACH
FOR THE RHINE CANNEL—,CONTAMINA
H TED SEDIMENT CLEANUP
PROJECT. [381100 -2011] ~ti
Harbor Resources Manager Miller;reported thatAhis is a milestone, the Port of Long
Beach (POLB) is anxious to sign the Memorandu 1,4 Agreement, and the City will
be the first entity fn =POLB.
In response ,,to Council questions, it -was confirmed that the City may be able to
dispose of more.sedimient and materiah�from the Lower Bay if other entities drop out
of the program. Xity,jAttorney Hunt agreed that the agreement leaves little room to
negotiate; but staff °feel`s- thatihis -is wprth the risk and this is an acceptable risk
"X
Regarding the tidelands fur-, ,City Attorney Hunt explained that the City holds the
`- ltidelands trust for, <the benefit of the State. If the City is going to spend over
X250,000 of tidelands funds, it needs approval from the State Lands Commission.
He lbdicated that there is some ambiguity regarding how much of this is tidelands.
City Manager Kiff;indicated that the City has funds available since this is a priority,
but the City, would - prefer to use as much of the tidelands funds before needing to use
general fund ymonies. Mayor Henn believed that this should be represented as a loan
from the general fund to the tidelands fund, so it becomes an obligation of the
tidelands fund and that future revenues from tidelands funds would be available
over time to repay the general fund for this expenditure. He discussed the
importance of creating the tidelands master plan which would include the
designation of funding sources. He emphasized that there needs to be a clear
mechanism so that the general fund is reimbursed over time. City Attorney Hunt
stated that this can be documented as potentially an expressed loan from the
general fund to the tidelands fund. He indicated that, once the details are worked
out with the State Lands Commission, staff can confirm the ability for
reimbursement. Mayor Henn requested that staff study this approach and, if
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March 22, 2011
13.
appropriate, come back to Council.
Council Member Daigle commended staff for their hard worked and noted that this
is something that is cost effective.
Motion by Council Member Daigle, seconded by Council Member Rosanskv
to a) approve and execute the Memorandum of Agreement with the Port of Long
Beach (POLB) to dispose of the sediments from the Rhine Channel Dredging Project;
b) authorize the City Manager or his designee to execute any future agreements
related to the Rhine Channel Dredging Project to ensure the -'City meets the strict
project schedule imposed by the POLB; and c) look into the funding mechanism of
loaning money from the general fund to the tidelands fund, and bring an item back
to Council if the loan is appropriate.
The motion carried by the following roll call
Ayes: Council Member Hill, Council
Mayor Henn, Council Member
Daigle
ORDINANCE NO. 2011 -12: AM
MUNICIPAL CODE, TITLE 6 -
20111 ,
ansky, Mayor'P'ro Tem Gardner,
PMember Curry; Chun it Member
OF THE NEWPORT BEACH
RED LEAF BLOWERS. [100-
Assistant to the City Manager Houston utllized`4 PowerPoint presentation to
discuss the September 2010 survey results;`highlight the „November 9, 2010 Study
Session discussions, and review t' 4roposed ordinance.
u \..
Mayor Pro Tem,di . ner indicatecOAhat -Aire issue is not just about noise, but the
spreading of,d st, pollens and allege`ns. She believed that the ban should also
include electric blower's. She further'discussed the reasoning behind exempting the
City from tlie•ban.
Council " Member lA urry noted;;commuhication received from an outdoor power
equipment instituter�City Attorney`Hunt indicated that the ordinance does not
address emissions, bui focuses on noise and the secondary effects of leaf blowers. He
stated that Council can `proceed with the first reading of the ordinance, but he will
do more research before second reading.
Henn noted, his concerns with blown debris and noise, not emissions, and
ted support Jfor Mayor Pro Tem Gardner's assertion that electric blowers
be,includ4.. However, he recommended allowing its use for people who are
seniors or
Discussion ensued relative to the opt -in or opt -out program. City Attorney Hunt
believed that staff came up with the right recommendation relative to using the opt -
out approach from an enforcement standpoint because there will be a clear record of
which homeowner associations (HOAs) are participating.
Council Member Hill agreed that there should be regulations that allow people who
are unable to clean their own yards to be able to use a leaf blower, but regulate the
hours of operation. He believed that there is a difference between electric and gas -
powered leaf blowers, and that the newest generation of gas - powered blowers may
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March 22, 2011
be different and quieter. Regarding the ordinance, he stated that the last whereas is
vague, and recommended a language change and requested clarification relative to
how HOAs can opt -out.
Council Member Curry believed that this should be adopted and that opting -out will
work because an HOA would have to contact the City and provide documentation in
order to opt -out. He expressed concern with prohibiting electric leaf blowers, except
for senior citizens and handicapped residents, due to enforcement issues. He
expressed support for the ordinance, as written.
Mayor Pro Tem Gardner expressed concern relative to trying to regulate the types of
blowers that are being used. She indicated that E ' reviewed Laguna Beach's
regulations. City Manager Kiff indicated that he %isurtsure of Laguna Beach's
ti
regulation is being enforced everywhere and City ✓Attorney�Hunt added that the
regulation is 15 years old. r
Mayor Henn noted that there are 151 HO?,s in the City and only-,some have real
authority. He agreed that this will on13Lwork if?there were an opt -out program. He
stated that he is willing to allow an exceptio`n,f r electric leaf blowers fon,people who
have a real need. \ t
Municipal Operations Director-Hari
than 65 and hours of operation are,
contractors. He agreed that electric'
sand off the boardwalk. He\6si
handicapped residents, to exem]
boardwalk). He stated that elect'
blowers but need =t6be ran without;;;
that banning ,'e ctricdeaf blowers h
may end up "pushed off the property
Carol Martin
yard,
confirmed that decibel (dBA) ratings of less
;en into the ^;City agreements with landscape
blowers do not,have as much power to clear
3ited; _instead `6& exempting seniors and
ertain�perts of,,- the City (street ends,
afjblowers` are quieter than gas - powered
Ise of loud generators. He expressed concern
no third option for the residents, so debris
into the street.
'is an essential tool for older gardeners, sand
d' the survey was not aimed at senior citizen
exemption for senior citizens who tend their
W.R. Dildine expr'e'ssed support for the ordinance but suggested including language
in the ordinance relative to the six -month phasing -in period. He expressed concern
about the long extension cords and increased power needed to operate an electric
bloY;
wer,,on large lots, and suggested waiving the fee during the phase -in period for
placement of an electrical permit and outlet.
Claudia Geay,ekpressed support for the ordinance due to the noise levels in her
neighborhoodyat all hours of the morning and afternoon.
Karen Tringali stated that the Corona del Mar Homeowners Association conducted a
survey and that they support implementing restrictions and a ban on leaf blowers
due to noise, pollution and debris issues. She also expressed concern that debris may
be blown into the storm drains.
Christine Carr suggested banning all forms of bldwers for residential-gardeners.
Referencing Section 6.04.055.B.3, Larry Tucker indicated that he is unsure if this
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March 22, 2011
applies to planned communities, like at Big Canyon Country Club, and if greens
maintenance includes the entire golf course.
Motion by Mayor Pro Tern Gardner, seconded by Mayor Henn to bring back
an ordinance amending Newport Beach Municipal Code Title 6, Chapter 6.04
(Garbage, Refuse and Cuttings), by revising Section 6.04.055 to incorporate a ban for
both electric and gas - powered leaf blowers, include an exemption for senior citizens
and handicap residents for their private property, add language that clarifies the
maintenance of golf courses and applicability in planned communities, uses the opt -
out program, and incorporates language regarding the six month phase -in period.
Council Member Selich stated that he is not in favor of the motion or ordinance as it
stands, believing that the City should regulate based on noise and require operators
to use certified leaf blowers similar to Menlo Park's :regulation. City Manager Kiff
noted that Section 10.28.045 discusses noise levels
being less than 65 A.
Regarding the motion, City Manager Kiff esp`rressed concern about how to enforce
the exemption regarding handicap residents. Mayor Pro Tern Gardner stated that
she will amend her motion to only exempt seniorcitizens. tip,
bring back an ordinance amending NF
6.04 (Garbage, Refuse and�,Cutti
incorporates a ban for both` ectric
exemption for senior citizens for',their
the maintenance of golf courses and p]
and incorporates language regai•dir
ordinance.
City Attorney -M nt received confirm
and bring thJ6 item back to Council for
1 support for Council Member Sehch`s proposal
_7
Council
which '6
fThe amended me
, -\ Ayes: Mayor Pro
,,Noes: Council M
Council M(
proposal
m Gardner, seconded by Mavor Henn to
vportBeach Municipal Code Title 6, Chapter
gs), by�reyising Section 6.04.055 which
and gas - powered leaf blowers, includes an
prvate property; adds language that clarifies
Lnned communit4e uses the opt -out program,
the�.g month phase -in period into the
from Council to make the modifications
reading.
by the following roll call vote:
=ardher, Mayor Henn, Council Member Curry
Hill,''Council Member Rosansky, Council Member Selich,
Daigle
stated that he supports limiting leaf blowers, but believed the
Motion by Council Member Hill, seconded by Council Member Qaiele to
bring back an ordinance amending Newport Beach Municipal Code Title 6, Chapter
6.04 (Garbage, Refuse and Cuttings), by revising Section 6.04.055 to only allow for
the use of certified leaf blowers.
Mayor Henn indicated that he will not be supporting the motion since it only deals
with noise issues and not the other secondary effects. Council Member Curry
believed that Council has worked hard tonight to come up with something that is
close to workable.
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City Council Minutes
March 22, 2011
Council Member Daigle agreed and withdrew her second to the motion.
The motion died for lack of a second.
Motion by Council Member Hill, seconded by Council Member Curry to
bring back an ordinance amending Newport Beach Municipal Code Title 6, Chapter
6.04 (Garbage, Refuse and Cuttings), by revising Section 6.04.055 to incorporate a
ban on gas - powered leaf blowers, add language that clarifies the maintenance of golf
courses and applicability in planned communities, use the opt -out program, and
incorporate language regarding the six month phase -in period_.,
r
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Mayor Pro Tem. Gardner Mayor. Henn, Council Member
Curry f '�
Noes: Council Member Rosansky, Council Member Selich, Council Member Daigle
14. CONTRACTING OUT OF PARKING METERS AND METER
ENFORCEMENT; APPROVAL OF''CENTRAL PARKING SYSTEM, INC.
AGREEMENT. (381100 -2011) 1 % `J
City Manager Kiff noted that this item wai discussed during today's Study Session
and that a number of issues were brought up relative to the contract and process.
Deputy City Attorney Torres,noted` that revised"Exhibits A and B have been
distributed and that Central Parking"3ystem has agreed to the changes. He
highlighted the addition of an adjustment if,ther is _an increase or decrease in either
the revenue or number of meters used;' but noted j that this would require a
renegotiating rel'ative�to pro rata reductions. He also discussed the changes relative
to the parking,meters reverting back tto or being vested with the City in the event of
a bankruptcy` The City would still pay the amortized fee left on the meters or the
new consultant would pay on the City's behalf. He highlighted the amendment
relative to equipment-payments and the, date change, and noted that footnote 2 has
been ad"de&and only applies to,.pay- by-cell transactions. Administrative Services
Director Mc(faner noted that the merchant fees will be net, and reported that the
City is expecting a 50°\70% increase in revenue due to patrons being able to use
credit cards to pay mete fees. She believed that the merchant fee is minimal
compared to the pptential`lienefit of increased revenue. Jerry Skillett, Central
Parking System Vice President, indicated that their fee is between 1.85% and 2 %.
In response to Council Member Rosansky's questions, Deputy City Attorney Torres
indicated, that the agreement contemplated bankruptcy and allows the City to
terminate the agreement and still retain it's interest in the meters in the event of a
bankruptcy '','Mayor Henn believed that the equipment should be titled to the City at
the beginning' "of the contract, but give the vendor a collateral interest in it until the
contract is fully paid. City Attorney Hunt believed that the original approach
recommended by staff would not be deemed a "preference" under the Bankruptcy
Act. He stated that this can be handled in the manner addressed in the amendment.
Council Member Rosansky suggested including the merchant fee percentage or a
percentage range in the contract. He noted that this is more complex than anything
else the City has privatized.
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City Council Minutes
March 22, 2011
Mr. Skillett reported that the City would be getting the merchant fee at their cost
which varies. He asked that the variables be included if it is necessary to
write something into the contract. City Manager Kiff recommended using language
that indicates that the credit card processing fee is at cost and that the current cost
at the date of this contract is 1.8 or 2W Administrative Services Director McCraner
noted that the City Manager's suggestion can be audited quarterly or annually.
Council Member Rosansky expressed his desire to see some type of chart that shows
what the City would be receiving today and in the future.
Council Member Curry agreed that places that provide payment by credit card
realize an increase in revenue and noted that this is a convenience for visitors,
residents, and shoppers to the City. „%
In response to Council questions, Deputy City Attorney _Torres clarified that the
contract is term focused, not-year focused. Regarding actual costs for the equipment,
installation, finance charges, warranty costs,.salaries, profit, e' _lit was confirmed
that documentation will be provided to thOCity. ;Administrative Services Director
McCraner indicated that credit card deposits will-be made directly to fhe City's bank
account, so the City will see daily and mgnthly,r "sports on reconciliation's., .,
Administrative Services Director McCraner utilized a PowerPoint presentation to
highlight cost scenarios and display single and multi -space parking meters. She
noted that, in heu of a CPI adjustment, Central Barking System will continue to look
for improvements that will increase -revenue opportunities. She reported that staff
will bring back a list of parking meter? at ons and'can,bring in examples of actual
parking meters at that time. Robert K roper, Director 'of Municipal Operations,
indicated that there are no State standards:refativeao coloi of meters.
Motion by Council-Member Currvr'seconded by Mayor Pro Tem Gardner to
a) authorize.tfie May6i and City Clerk to execute the amended 7 -year contract with
Central Parking System, Inc. to replace old meter infrastructure and manage and
maintain all 'parking'-meter operation's and enforcement; and b) direct the City
Manager to amend Positioii;Control by 6, 72 FTEs.
-Jim Mosher expressed\ confusion r le ative to the $805,000 payment in Exhibit B.
Mayor Henn believed�'.that it meant if adequate meter revenue exists.
Administrative Services D rr ector McCraner confirmed Mayor Henns interpretation
'-and added that it ie;over the term of the contract.
relieved that business proposals like these need some type of pro forma
in order to see how the numbers will change over time. He also
icern;over security when using the pay -by -phone service.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tern Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
XVIII. MOTION FOR RECONSIDERATION - None
XD{. ADJOURNMENT - 10:08 p.m.
The agenda for the Regular Meeting was posted on March 17, 2011, at 3:25 p.m on
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City Council Minutes
March 22, 2011
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recording Secretary
A
X
ii
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