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HomeMy WebLinkAbout01 - Minutes - 01-23-20070 • • Agenda Item No. February 13, 2007. CITY OF NEWPORT BEACH City Council Minutes Study Session January 23, 2007 — 4:00 p.m. ROLL CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosanaky, . Council Member Webb, Council Member Daigle, Council Member Gardner L CLARIFICATION OF ITEMS ON THE CONSENT AR. Council Member Webb had concerns about I Newp Ridge Park, and will bring them up later when the item is Council Member Curry asked to ve item tinned a request of the homeowners. 2. RESIDENTIAL PAR.HING I SO D WITH THE OCEAN BOUI:EVARD. NINS H AREAS AND POLICE RESPONSES TO NTS; [100 -2007] Mayor p ure for this item by saying the staff report will tsk an de on should not exceed` l 34 hours. He notified udience t no will be taken and Council will give staff direction of how t top ed listening to the public testimony. ty r ludau provided .the staff report by presenting a PowerPoint. He eta t staff report will be given by several City employees and will cover the probl bone, parking control alternatives, what the General Plan and LCP say, .police enforcement; administrative and cost issues and alternatives. He spoke about the residents wanting resident only permit/decal parking which could be implemented between 10:00 pm and 6.:00 am. He went over the noticing process and spoke about parking control alternatives used citywide. City Attorney Clauson spoke about the planning and public access issues She reviewed the preferential parking authorization allowed under the State Vehicle Code. The General Plan recognizes the lack of parking along the coast. The Coastal Comm ission looks at access and views to the beach. She feels that most of the issues aren't lack -of parking but nuisance and safety concerns. In order to have the parking plan approved by the Coastal Commission the City should provide survey data of why parking permits are needed and show that there isn't impact for public access during the hours requested by residents. In response to Council Member Daigle's question, City Attorney Clauson talked about the differences in the areas and.how the public is allowed to have access to the Volume 58 — Page 16 City of Newport Beach Study Session Minutes January 23, 2007 view of the beach when it is closed. The Circulation Element of the General Plan • would have to be supported for the Coastal Commission to approve the parking plan. The Coastal Commission will look to see if the City has looked at all other alternatives and studies showing impact and whether its been mitigated. The Coastal Commission might have issues in Corona del Mar because the parking plan / will limit access for people to view the coast at night. She stated that the more studies and information that can be shown to support the program the better chance of the Coastal Commission approving it. The Coastal Commission could ask the City to mitigate the access by enhancements such as improvements to street ends. or bathroom facilities prior to approving the parking plan. The parking issue could also bring attention to the 10:00 pm closure of the beach. Senior Planner Alford reviewed what the Coastal Commission decided in the City of Carmel and Coronado for parking permits He stated that i4he past the Coastal Commission has considered preferential parking if it didn' ct public access or the impact was minimaL Capt .I{lein stated that there are current p, 'es in both areas and there is a staffing need to. implement the p ntial par rogram. In the past .the Police Department implemented use cop to id. presence on the . beach and the. use of. fire rings an recef d abo e. noise from the helicopter. He said that in both the. maj of contacts with late beaehgoera are initiated by officers. In respa to Coup ' ember ion a t'quality of life and criminal activityptain d' that q f is when the law is not being • broken liv of pe, involved Cap officer s discretion about whether to warn or ticun the after it has been closed and it depends on the YlIAC 1Vl 4lV 1ll1C. Mem Curry eked about the enforcement of vehicle vandalism, graffiti and H anted to know if it is recurrent issue and what has been learned from a ty in that neighborhood Captain Klein responded by saying that the activi ' common in the areas for over 25 years. He said the best thing is to have the issues reported because the more cooperation the Police Department gets from residents, the more they can respond. -He also stated that the police can't address every single crime and requires active participation by.the community. Mayor Pro Tem Selich said that he received a complaint about people on Corona del Mar beach after it was closed so he went down there, himself on several Fridays from 11:00 pm - 11:30 pm and observed numerous fires in the fare pits. Captain Klein responded by saying the firo pits shouldn't be used after 10.00 pm, however they may not always be able to get someone down there at i0:00 pm because it depends on police activity. Captain Klem reviewed staffing needs for the Police Department and stated that there is a need for an enforcement component. He feels that it is not reasonable to use police officers and recommended enforcement be done by parking patroL The parking patrol person will get out of their car and walk each street two to three • times per night. Captain Klein recommended that the City hire two Parking Control Volume 58 -Page 16 • • City of Newport Beach Study Session Minutes January 23, 2007 Officers to cover the areas for a year. Another major component of the preferential parking plan would be signage to make sure people are aware of it, and additional lighting may be needed in some areas. Captain Klein reported that the permit program may deter people from conning to the beaches, so it could reduce the number of problems. Fiscal Operations Manager Thompson reviewed the potential costs of the parking permit program and stated that the parking plan is not revenue producing since the start up costs are high. City Attorney Clauson said that the coastal policies indicate that any excess fees would be used to mitigate costs. Fiscal Operations Manager Thompson discussed the administrative details and some of the issues that may come up. Permits would have to issued to a vehicle and not to a household and proof of address and vehicle o 'p would have to be produced. She showed examples from other cities to shggne problems that may occur. She reviewed other issues, such as short permits for overnight guests, maintenance. vehicles, late night events, itor permits, in -home . care providers, rental vehicles, and student ve s. Fiscal Operations Manager Tho inspection of garages to make sure Council Member Henn stated that be a safety case demo ated, sc application. have required for parking. ;ion is involved there has to advance or along with the the parking issue is an enforcement issue and roblem. He would like to see people support be taken as the first step. w s the preferential parking plan if it requires Coastal ap vat a feels that the Coastal Commission may determine that i t ose at 10 pm and. require alternative access by extension of the bike ction of resLiooms at the Wedge. He said that enforcement by officers without going through Coastal Commission is the brat way to quality of life for residents. Marvin,Neven said he thinks that signs on Ocean Blvd. will be counterproductive because they obstruct views. John Hamilton spoke in favor of permit parking and noted that the problem is safety, crime and security. He said many residents need the permit parking because their property is being damaged and the fear of gang crime. He presented a petition . signed by 200 residents asking for the permit parking. Lee Payne says that the problems in Peninsula Point are different from those in Corona del Mar. He feels to add an additional layer of parking restrictions on top of street sweeping would be way too much. Louise Fundenberg, Central Newport Beach Community Association, stated that they did not receive any notices about the meeting and asked that when further Volume, 58 -Page 17 City of Newport Beach Study Session Minutes January 23, 2007 consideration is given that they be notified. Jill Schreiber said that she started the petition one year ago because of increased crimes in the neighborhood. She cited examples of activity in her neighborhood and said its a public safety issue that has increased over the last several years and she supports the restricted parking. She says they have fear of calling police for fear of retaliation. Ms. Scbreiber stated that she would prefer the beaches stay open later. Kent Moore echoed John Hamilton's sentiments and said that trash, broken bottles and cans are evidence of overnight camping and he is concerned about crime and safety and supports the decal program. Cindy Peck said she thinks that the crime on her street has been drive -by types of crimes and feels that permit parking would not address that sit6hon. Dr. Elmer Draws stated that people who come to for the views but to commit criminal acts. Roberta Schmitt said she has had pro Peninsula needs more enforcement and 'Philip Mark stated that he has ti feels that the residents need to try Eric Welton said and challenged Ce restrictions as a rA don t come there She thinks the not working so he parking Program supports parking need more enforcoment and patrols and d t she and her neighbors have had graffiti on their fences s d by police that they were gang symbols and should be so there wouldn't be any gang retaliation. Roger MWFwn reported his experience with the Police Department and when he has csW to report noise disturbances and fires; he has been told there is not enough staff to handle the complaints. He said he signed the petition and supports the parking proposal, but he think its really a police patrol issue. Bambi Wilcheck said she feels the administrative costs for two Parking Control Office= seem very high. She proposed a visible and intense police program to stop the problems. Leslie Cazarian stated the she has never had a problem and think that the residents should be contacting the police and not restricting parking. Linda Mankard said she is in favor of permit program and also feels there's a need to beef up the security. She feels that it is a safety issue and the parking program will deter people and the traffic in the area. Barbara Peters stated that she doesn't want the beach open until midnight. She Volume 58 - Page 18 • • • • • City of Newport Beach Study Session Minutes January 28, 2007 stated that the calls to the police are treated as noise complaints which don't receive the same response. Deanna Reposa said she is in favor of enforcement and not sure how the parking plan ties into this. Ken Drellishak distributed photos taken in the. spring and summer that show the problems they are having in the area. He spoke in support of the restricted parking program. John Bonner stated the police have been present at board meetings and said that they don t have enough officers to .support the areas. He said that a lot of the problems are from the fishermen who fish on the jetty and requested that the area be fenced after hours. 1 W.R. Gilding, Central Newport Community Asses nonconforming units in the area and many units the problem is the fisherman, travelers to qW restaurants that park on the residential stree Dick Barker presented pictures of reason this parking permit idea ca ineffective. Council Member' C urry it is and enforcement ^- e stet issues. , to there are many legal its parking. He said ,mployees from local mo Ie stated that the the police enforcement is is going on in the community neighborhoods to address the Council bgD wort of the parking program. She stated that if kme rwarcd to Coastal Commission, that the City needs ve forty 'th orts, Particularly in Corona del Mar. Evenwsaid that permit parking wont solve the problems if uroes about gangs and guns. She stated that the City needs. and refocusing in the areas. Council ember Henn ratified Council Member Curry's idea of police enforcement He also believes that the City needs to move ahead right away to analyze the parking permit idea. He stated that the City must identify the mandate from the citizens and briefly describe what the program would look like and hear from a cross section of the residents before taking it to the Coastal Commission. Mayor Pro Tam Selich suggested that a postcard vote be used to try to ascertain the support for the program. The City would need to develop some kind of proforma program for people to look at before casting their vote. He feels the City needs to get statistical data and will have to move ahead on both the decal parking and police enforcement Council Member Webb stated that only a couple of people indicated that they want permit parking. He has had calls from residents not.wanting it and only wanting increased enforcement He said that in Corona del Mar he cant tie parking problems with what is going on and that it is a serious enforcement problem. He Volume 58 - Page 19 City of Newport Beach Study Session Minutes January 28,2007 said the City should not move forward with the parking permit program on the Peninsula but wants to address the enforcement issues. Police presence might need to include a walking police officer patrol at all times. Police Chief McDonell noted that there are a tremendous number of visitors to the area, especially Corona del Mar beach. He notified the residents that police calls for service are all posted on the website which includes who responded and the disposition of the call He stated that they prioritize calls so there will be delays in some calls but response times are excellent. He encouraged residents to cooperate and make the calls and if they are not satisfied, not i& the Watch Commander or his office to get answers. He stated that a permit parking program will not deter people who are there to commit a crime. Mayor llosanskyy stated that he hasn't seen a clear consensus both areas but the City needs to take a harder look at enforcement issues. He ted that residents call the police because it's the only way they will ]snow a problem. He stated that City staff will look at the problem more and oon; th a program. J: a tIRTI *. , ADJQUR NMENT - 6:19 pm The ag on the Buildiu City Clerk Mayor . Volume 58 - Page 20 January 17, 2007, at 3.00 p.m. lewport. Beach Administration Secretary • • • CITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 23, 2007 — 7:00 pm.. STUDY SESSION -4:00 p.m. CLOSED SESSION - 6:00'p.n-A. RECESSED AND RECONVENI B. ° ROLL CALL. Present: Council Member Henn, Rosansky, Council Mei Gardner s C. CLOSED SESSION REP - D. PLEDGE OFALLEGIANC • E. INVOCATION :_. Reverend F. PRESENT Distin hei Newport about the up on icy Ke 7 foundation O C�fi aAVKWi Jiiii�I 0 � :7 Director aber Curry, Mayor em Selich, Mayor Council Member Daig Council Member per bb St. Brews Presbyterian Church 10th Anniversary. Jason. Sherr, Vice President, j nd Chair of the Distinguished Speakers Series spoke akers Series 101 Anniversary event and provided rs for this: year's series. For further information call 149- 717 -3.90; Mr. Sherr_ at 949- 956 -7540 or visit the Council r Henn affesed .his support for the McFadden Square Memorial and encourag veryone, in the City to consider supporting the effort. Interested individuals can make their contributions through the website.. Council Member Curry said,that Restaurant.Week:has Been a'great success and hoped that:_ residents would take advantage of this opportunity to support these local businesses: Council.Member. Webb attended the Newport Coast Elementary School D.A:R.E graduation' Volume 58 - Page 21 City of Newport Beach City Council Minutes January 23, 2007 schedule a study session to review and update the Council's policy manual. Council Member Gardner asked staff to provide to the Council on February 13 a report on the transient occupancy tax allocation percentage from the Crystal Cove Cottages to discuss allocations to the Crystal Cove "Alliance for rehabilitation of more cottages in order to secure additional transient tax. She further requested that staff provide a proposal to phase out two- stroke engine leaf blowers at the city staff level and eventually, citywide. She attended the Tsunami workshop during which excellent information as imparted to residents who. provided good feedback. Council Member Webb agreed that the City should port rehabilitation of the Crystal Cove Cottages. Mayor Rosansky attended the Boat Parade Amp Dinne the Balboa Bay Club last week and congratulated boaters who won awards. I. CONSENT CALENDAR READING OF MI S/ORDI RE UT ONS 1. MINUTES OF ; THE, ADJON20aive AR MEETING AND, REGULAR MEETING .OF J ARY 1ding of subjeet.minutes; a pprove. aswritten and order 2. READING OF ORD TIONS. Waive readingin.fullof allordinances and resole ns aand direct City Clerk:to read.by. title only. DIN E AMENDI)SE CTION' 220.010 OF TITLE,? PERTAIM14G TO. ISANCE 0 1. Introduce Ordinance No. `2007 -land pass to se uu 2007: RT S, ES ALLEY REPLACEMENT - AWARD.OF CONTRACT (C-.. . 3722). 0-200 ) Approve' the plans and specifications;'2)award the contract (C 8722) 0 a inc. for the total..bid price of $1, 100,000, and`authorize the Mayor: And the ,ty. Clerk to'etecute the Contract; and 2)'estalilish an amount of $110;000 to' cover t cost of unforeseen work. P EMENTAL MEMORANDA. OF.. UNDERSTANDING '(MOU)' DING RETIREE . MEDICAL PROGRAM (MERP). WITIt CITY. E LOYEES ASSOCIATION.(C- 2069), FIRE MANAGEMENT ASSOCIATION (C- 2946), FIREFIGHTERS ASSOCIATION (C- 2060), EMP.LOYBES LEAGUE. '(C -2066) AND PROFESSIONAL. AND TECHNICAL EMPLOYEES . . ASSOCIATION.(C`2051) [106- 800,7]. Approve and authorize.the Mayor td execute the Supplemental Memoranda of Understanding (SMOUs): ' BACK BAY SCIENCE CENTER: BUDGET AMENDMENT; AUTHORIZATION. FOR CONTRACT AMENDMENTS.'[I0046q] 1) Approve Amendment No.' 1 to the Construction: Management'at Risk.'Agreemeni with; Douglag E.. Bainhart Inc.; . (C -3460) increasing .their compensation by. $239,815 (with up to $100,000 of that Volume 58 - Page. 22 C J r1 L-A A City of Newport Beach City Council Minutes January 23, 2007 pending Admin Wing authorization) and authorize the Mayor and City Clerk to execute the Amendment; 2) approve Amendment No. 3 to the Professional Services Agreement with Ron Yeo, FAIR, Architect, (C- 3481(D)) increasing his compensation by $64,000 and authorize the Mayor and City Clerk to execute the Amendment; 3) approve Amendment No. 4 to the Professional Services Agreement with Gail P. Pickart, P.E., (C- 3481(F)) increasing his compensation by $34,520 and authorize the Mayor and City Clerk to execute the Amendment; 4).authorize the City Manager to enter into a contract with the State of California r its Department of Fish and Game (C-3481(G)) to accept $800,000 for the gn, construction, construction. management, and contingency for the Back B Science Centers Administration Wing, provided that the contract fully comp tes the City and its contractors for design and construction management; 5) a the City Manager or his designee to execute or amend any construction s an ultants' contracts reflecting the Administration Wing Project Pro ' that oos not exceed $800,000 in total costs (contingency, trades, consul ) for the Wing; uthorize the City Manager or his designee to_esecute or am argy nstruction tra or management contract requested by the County o sage change orders a Water Quality Lab Wing, provided that such ers are approved b County Board of Supervisors,. fully funded by unty and contain a 15 o- anagement fee to compensate the City..aw its actors; .7) direct the City. Manager to seek reimbursement by a BBSC pa for their share of osprey 'delay costs and ' additional .design coon in meat. costs, where such costs are not covered in change o e ew. contra. • and 8) approve a budget amendment ' (07BA -040) that d the g; tppropriates $1;082,358 from the unappropriated Tide d Subm nds d or General Fund Reserves to: Accoun o..: 7457 -003 0660 SC). 000 of these funds. shall only. be appr if the Ci es an a ement with the State or DF &G to a lis he Admin ; b) creates contribution obligations back to" the Tide ' d Sub' ged Lands.. d. or. General Fund of $800,000 from the State of . rnia' r its Departmen of Fish" "and Game for'the BBSC Administration Wing. (and .and up to 69,21$ from. the County of Orange for change orders, rey y s gement "fee; and at least $88,707.from the.BBSC's gen ccount. Mayo ro Te lick noted that he down t feel the cost overruns by the consultants . . are j e 11. ver . it would cost a more" not to .approve. this since the. ' Consul ts.lieve ' dicated they-wont- do the additional work that has been funded by Fish d:Game.without it Council' Member Curry concurred: 8. NE WP RT BOULEVARD, BIbSWALE - COMPLETION AND ACCEPTANCE" ' RACT, (C-8741). [100- 20071.:1) Accept the .work; 2) authorize. the City file a. Notice of Completion; 3).authorize the City.Clet to release the Labor Materials' bond 35 days after the "'Notice of Completion bas been recorded in accordance with applicable portions. of the Civil Code; 4) release the :Faithful Performance Bond. one (1).year.af er Council acceptance; and.5 9 approve:a.budget . amendment .(67BA =039). appropriating. $26,000 from the "unappropiiated.,General Fund balance to 7014.06100596 to cover extra costs to the project. 9. POLICE. FACILITY -PERIMETER :SECURITY FENCE. _. AWARD OF CONTRACT. (C-3861). [400 - 200.7]. '1) Approve the plans and specifications; 2) " award the contract' (C- 3861)..to: Lightning "Fence Co- for the total ' bid . price. of $387,00.0 and authorize the Mayor and the City Clerk to execute the contract; and 3) volume 68 - Page,13 City of Newport Beach City Council Minutes January 23, 2007 • establish an amount of $38,700 to cover the cost of unforeseen construction expenses. 10. OPERATING AGREEMENT FOR NEWPORT .RIDGE PARR. fI00 -20071 Continue to February 13, 2007. 11. PURCHASE OF 2007 JUNIOR LIFEGUARD PROGRAM UNIFORMS (C- 8906). fI00 -20071 Award the 2007 City of Nevjport Beach. Junior Lifeguard Program uniform contract to Quiksilver /Rory the total cost of $150,100 (excluding tax). 12. MEMORANDUM OF UNDERSTANDI WITH POLICE EMPLOYEES ASSOCIATION. fI00 80071 Approve a au the Mayor and City Clerk to execute the Memorandum of Unde g with the Police Employees Association for the period of Jan 2007 throug ecember 31, 2009. hfISCELLANEOUS 18. APPOINTMENT TO T CO AL -BAY . WATER ITY CITIZENS ADVISORY COMMITTEE. 0071 Appoint Ray Halow as the designee of District #1 Council Member . Henn to the Coastal -Bay Water Quality Committee, effecti ediately. S19. MEMORANDUM RST . G, .WITH• POLICE MANAGEMENT ASSOCIATION (C• 2). 071.A p. and authorize the Mayor and City Clerk to execute, moran Un finding (MOU) with the Police. Manage nt Assbdatio for t perio. airy 1,. 2007 through December 31, • 2009 inn b Mavor Pro Se is to approve the Consent Calendar, except for " m r4noved (5) and th ntinuence of Item IQ. e m fo g roil call vote: un ember Henn, Council.Member. Curry, Mayor Pro Tom Selich, Mayor Council Member Webb, Member Daigle, Council Member deer. . J.. TEATS' EM D FROM THE N NT CALRhTAK 6. SANT ANA . HEIGHTS FIRE STATION TRAINING TOWER AWARD OF . O CT (C4852). fI00 -20071 . use to Council Member Gardner, . Fire Chief Lewis explained that currently ' th Fire Department trains in Huntington Beach. He explained how the new training tower will function and confirmed that the bulk of the costs of the current facility will be subsidized .by _outside :agencies. He felt it was essential for the . training facility to'be.locaied inside. the Cdy.to meet tlie'.training: needs of th e department. He indicated that the new fire station should be completed in about six to seven months; as well as the training tower... Motion by Mayor Pro Tern Selich to 1) approve the plans and specifications; 2) award the contract (C- 3852).to Nielsen.Building Systems, Inc. for the total bid price of $ 842,600 and authorize the Mayor and'the City. Clerk to execute the contract; 3) . Volume 66 = Page 24 .. City of Newport Beach City Council Minutes January 23, 2007 • establish an amount of $84,260 to cover the cost of unforeseen construction expenses; and 4) approve a budget amendment (07BA -038) appropriating $186,860 from the unappropriated General Fund balance to 7011 - 02320715. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner If. PUBLIC HEARING 14. CODE AMENDMENT 2006 -O08 - APP ROCEDURES (PA 2006 -257) - AMENDMENT TO REVISE APP OC ES TO ALLOW A SINGLE CITY COUNCIL MEMBER TO EAL D IONS. OF THE ZONING ADMINISTRATOR, P DIREC AND PLANNING COH.WSSION. [100 -2007] • Assistant City Manager re p d that the amen dme ges the appeal procedures so that only one Planning.. Commission, Zoning amendment .delete he exception appeal period woul to the City pe t c il Me b eb No. 20&p and by the f wing roll: call: vote: Mayor Rosansky Member is needed to app a decision of the for or. City Council. Further, this e :14 =day. appeal period so. that the 14-day cil as it does to the general public. hearin d hearing no comment; closed. the b to'.in, uce Ordinance No:_ 2Q07- 2'appmviag pass 6D second reading on February 13, 2007. icil Member. Curry, Mayor Pro.Tem Selich,.Mayor Webb, Council.Member Daigle„ Council Member W Romeo esideni�Friends of OASIS, reported on .the membership of the senior, . d the age of the facility. The current building was not. designed for the current e nee of the seniors. He provided Council with,a copy of the facilities' needs At re and asked Council to allocate sufficient funds in the 2007 -2008 budget to ct to draw up a senior facility workingplan based on the needs assessment as s recommendations and preliminary architectural rendering:: Public Works Director Badum reported that the architects are currently under consideration and staff will present the Council. with a formal recommendation at a future meeting. The architeets' will take the needs assessment and look at the program and.buildmg needs to come up with a concept. Evelyn Hart, Friends of OASIS, said it was exciting to learn that the City Council was close to selecting an architect. The Board of Directors will assist and, support the city. in a kickoff event.. to . raise funds for amenities. She has . kept in touch with the Friends Advocacy Volume 58 - Page; 2:5 City of Newport Beach City Council Minutes January 28, 2007 Committee and staff who are dedicated to this continuing process. • Council Member Curry stated that the OASIS Senior Center is his top priority as the long range capital plan is put together. Max Liskin said that in June 2004 the City made it impossible for residents in the R.1 zone to obtain short -term rental agreements. He expressed concern about how residents were notified of the changes and said he felt there was selective noticing.. He felt .that it was valuable to residents to be able to rent their dwellings short-term short -term basis and asked Council for reconsideration of this matter. Rochelle and Jeff Meyers said they were shock d disappointed to learn that the residence next to their home was recently p d he intention of turning it into a rehab home. Another rehab. home already a e alley from 'their home. and because they were not informed about the estab ent when they .moved, into their home they have had to deal with s re ted to the fa She asked the Council to not allow the opening of the rehab f at 7 West B�. Mayor Roeansky said that altho a ity. Council is sym'o th to the: speaker's concerns, these facilities are regula the state and the Coun ' has no authority. However, due to eommuni concerns, ty Council is tonight considering action. to establish an intense reside. occupancy cc ttee to look at .these issues' - In. addition, the City will }cost a conf March 2nd listen to concerns about these types of facilities and the public is en. attend Lori Morris referred .Council . a letter 12, 2007 from the West Newport • E�tiead Citizens the Pe que pertinent information and conflict of ving to:do otenti. conflicts of interest regarding' rehabilitation . of there has no aclmowledgment.of this. request, She noted. that There 2.facili s in a 1.6.mile dius. Denys Obe had ve ' d with other agencies that the City can regulate n: ties us ly with respect to licensed .treatment facilities that ouse se idents. quested that an immediate three-'year moratorium be instituted to vide 'dents immediate relief. Gerald Chapm said ther lives across from the proposed facility and she is.acared to eath.about.a' a facility . located so close to her home. He hoped the Council would ediately re nd to the problem because if four out of seven do not do something positive A this con he would work to see that they are removed from their. positions. M.. 0 OVTS FROM CITY COUN IL ON COMMTrEEACTIVITIES. Mayor Pr m Selich reported that the General Plan Implementation.Committe.e held,its first meeting on January 17th and is moving forward with an ambitious schedule. The next meeting is scheduled for January : 31st in the Council Chambers. Council Member Daigle announced that the . first meeting of the Finance Committee is scheduled for February.l2th.' Council:Member Curry stated that the first meeting of'the V1 Memorial Committee would City of Newport Beach City Council Minutes January 23, 2007 • N. CONTINUED BUSINESS 15. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. (100 -20071 With Council Member Gardner voting for Timothy Stoaks and the remain_ ng voting for Bradley Hillgren, Bradley Hillgren was appointed to fill the vacancy on the Planning Commission, which was created as a result of the election of Michael Henn to the City Council: 16. APPOINTMENTS BY THE MAYOR TO THE COUNCILICITIZENS AD HOC COMMITTEE ON MARINA PARK D IGN AND ALTERNATES TO JOINT GOVERNMENT COMMITTEES. f 20071 Motion by Mavor Pro. Tein, Selich eat to bring a resolution back to Council amending the oompositiou he com and confirm the following. appointments as recommended the Mayor: Cr Council/ Citizens Advisory Committee on Marina Park Des' M r Pro Tem Se Council Member Webb, Protect Our Parks Member m B' s, Harbor Co ner John Corrough, . Sailing. or Rowing Or n esignee Billy Whitfo and Neighborhood Representative Designee Gra e; and Orange County Co of Governments . (OCC.OG) - Council Member Gardner (Alt.); and Southern California . Association of Gove eats (SCAG) . yor Pro Tem Edward Selich (Alt.). . The motion carried b roll te: Ayes: .Counoil.Member enn..Co ember Mayor Pro Tem Sehcli Mayor Rosanaky, Coun em a Memlier Daigle,, Council Member .. r . O. CUR RE USI SS 17. T C ' GNAL MODE ZATION — PHASE 1 DESIGN — APPROVAL OF RO RVIC AGREEMENT WITH ITERIS, INC (100= 20.071 Pu Wor irector Bad reported that this item was brought: to the Council to conai a p ional services agreement with Iteris, Inc.. for Phase I design of the, Traffic tion for a contract amount of $263,215. Two- thirds of the, funding Ines .: the current Measure M program and future funding may come . from the asure M progrsmJust approved in November. During the first phase staff in ds .to look at a system to update the controller at City Hall and consider possible .upgrade measures to. 21. signalized . intersections along, MacArthur - D�le Coast Highway, Corona del Mar, etc.. Future phasing depends on what . funding. is available: and staff would attempt to move the project along_ as q as possible and leverage the funds. Staff 'selected a firm that . provides har ware .and. software solutions and proposes to engage a traffic signal consultant . to identify what is needed to implement the citywide system. In response to Council Member Curry, Public Works Director Badum reported.ou what the public: can expect to experience once various: projects are operating. 'He noted that the .system will be flexible so that changes can be made and how adjustments can be made on .the fly to correct situations or for special.. eveIlta,,. . evacuations: .etc: .. . Public. Works Director Badum responded to Council .Member Daigle that staff. Volume 68 - Page 27 City of Newport Beach City Council Minutes January 23, 2007 wanted to make certain there was expansion capability to allow for future technology. Public Works Director Badum reported that currently there are 105 intersections and if the City eventually takes over the rest of Coast Highway it would add another 20 intersections. Until the traffic engineer has had an opportunity to make a detailed inspection of the current system it would, be difficult to estimate a dollar amount, however it could definitely be in the millions.of dollars over a period of time. Public Works Director Badum indicated to Coux ember Henn that he felt the availability of dollars would be the most impo t ingredient and the timing of the project would be. dependent on the funds. current estimates indicate a five or six phase project that could run over five or six years. However, if ._ additional funding becomes available process: be accelerated. Caltrans has indicated a. willingness to work wit City to mo a project forward and work with the City on the intersections y oo trot Public Works Director Bad dice that the traffic en ' would be looking at a revamp of the system ci built -in flexibility to acc o odate current and future technology. At some po eone would have to look at all I25 current signal systems and ake, a decision ut whether they would have to be replaced. Council M b d if t uld Look at costs versus em er a ngyneer wo effectiveness of lea an sys and Public Works Director Badum responded that staff w d.prop0 . ep as: open and consider what would be most e. cost effective an make o Pro em Selich n that an upgraded system could cxst.as much as $13. on or b tween $2 and million annually over the next 5 years. May Ra wanted to ow how staff.. determined. Econolite had the beat stem. b Badum responded that staff met with several firms, of -ch provide ware solutions and:other companies that provided" . so ft♦ so ns and ultimately felt that Econolite offered the beat overall "long- . term ce est flexibility;. The City'a current system is no longer being built, . and sys s N signed today are using the same platform. . Mark A ams asked if Council considered opening the project up to the open bid process. ublic,Works Director Badum reiterated that before staff could determine costs t City would need to assess the current system and determine what it would e grade that system to current and future standards and capabilities:.. He'. . d that this is more like a professionalservices.contract. aUon by Council Member Webb to approve a Professional Services Agreement with Iteris, Inc. of Anaheim for design of the "Traffic Signal Modernization — Phase 1 . " < at a contract price of $263,215 and authorize the_Mayor and City Clerk to execute`. the Agreement. The motion carried by the following roll .call vote: Volume 58 - Page 28 .City.of Newport Beach City Council Minutes January 23, 2007 • Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 18.. RESOLUTION RELATING TO THE FORMATION OF THE INTENSE RESIDENTIAL OCCUPANCY COMMITTEE (A CITY COUNCIL - CITIZENS ADVISORY COMMITTEE); BUDGET AMENDMENT FOR RESIDENTIAL RECOVERY.FACILITIES CONFERENCE. [.100 78007] City Attorney Clauson reported that for the pasygveralmo7ths the Council has heard from the public about problems residen experiencing with the increase in residential care facilities that cater to alcoholics and drug addicts. As a result, the Mayor recommended forma ' o advisory committee to allow the residents an opportunity to express th nce d give the Council a chance to see the impact the facilities are ha on the co "ty. The committee would provide more detailed informatio out the City's Is nstraints.and parameters when working with these of.. es. Staffs ended action is for the Council to form a e co g of two Council bers, one Planning Commissioner, one memb a and of Realtors, one re t representing the. West Newport Beach Associate ne resident representing Central. Newport Beach Community Association two at -large .citizen .representatives. She reviewed the dutie&jpd responsibih of the committee. Secondly, the request includes a budget nt of $20,OD support the public agency conference to be held on March 2nd Mayor Rosansky exp d that izu tive was intended to remove the converses from the Ci Co nice ' provide a public forum for residents so diferation e'types of. facilities. The ultimate goal of the state March 2nd erenee) is to motivate cities to seek their legislators re stringent elines. City son crux oed that Senator Harman will hold a town hall Feb r vide residents and cities an opportunity to impart atio ding impa . of these facilities. Co emb urry thanked Mayor Rosansky for his leadership and efforts in. putting gether important conference. He, his colleagues and elected officials enders d the p lic s concerns and are very mindful that these facilities are fader gulated. Coun ' ember Henn said the City needs to focus on what can be done at the local eI need to know for sure what the limits are. City Attorney Clausen advised is looking at potential changes to the current regulations. She said staff is wo to get some control and also looking at the potential for some kind of a timeout with ADP or within the City. . Lori Morris hoped the city would be..suecessful in :implementing more stringent . regulations for these facilities. She recommended that the city publish, criteria for individuals allowed to serve on the committee and not include individuals who might . in any way profit from these facilities. She submitted her name for committee membership. Mayor Rosansky asked interested individuals to submit their applications with the Volume 58 - Page 26 City of Newport Beach City Council Minutes January 28, 2007 City .Clerk's office by Friday, February 9 and asked the City Clerk to publish the matter. Ken Kuhlman questioned when the Brat committee meeting would be held, as well as who would serve on the committee. Motion by Mayor Rosansky to 1) adopt Resolution No. 2007 -5 forming the Intense Residential Occupancy Committee (a City Council - Citizens Advisory Committee subject to the Ralph M. Brown Act); and 2).appro a budget amendment (07BA- 041) appropriating $20,000 from unencumbered al Fund reserves to the City Council's 8100 Account for the March 2, 2 Residential Recovery Facilities Conference for local public officials. The motion carried by the following roll vote: Ayes: _Council Member Henn, Cc ember Curry, or Piro. Tem. Selich, Mayor Rosansky, Council Mem ebb Council Mem aigle, Council Member Gardner P. MOTION FOR A ECONSIDERA one Q. .. - ADJOURNMENT'+8:50 P. in memory John Crean. The. agenda for the Regular was pos January 17, 9007, at 3:00 p.m. on the City Hall Bulletin Board 1 to of the of Newport Beach Administration Building.., The supplemental nda f eeting was posted:on January 19 20117, .at. 2:20 p:m, on the City all B 1 ted outside of the. City of Newport Beach n Building. Volume 58 - Page 30 r 1 LJ u •