HomeMy WebLinkAbout01 - Minutes - 08-22-2006City Council Meeting
September 12, 2006
Agenda Item No. 1
CITY OF NEWPORT BEACH
City Council Minutes DRAFT
Session
August 22, 2006 — 4:00 p.m.
ROLL CALL
Present: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb,
Council Member Ridgeway, Council Member Daigle, Council Member Nichols
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
At the request of Council Member Curry, City Manager Bludau provided an update
on the construction schedule for the Back Bay Science Center, Item No. 6.
Mayor Pro Tem Rosansky confirmed with City Manager Bludau that Item No. 4,
Newport Coast Residential Refuse Collection, would be pulled from the Consent
Calendar and continued to a future City Council meeting.
2. NEIGHBORHOOD TRAFFIC CALMING.GUIDELINES. 1100 -20061
Tony Brine, Principal Civil Engineer, reported that draft neighborhood traffic
management guidelines, with criteria and thresholds, are included in the staff
report. He stated that the guidelines are intended to be fair and consistent, and will
assist staff in addressing resident concerns. The goals are to manage traffic speeds
in residential neighborhoods, reduce the amount of cut - through traffic, provide an
educational program, and address any impacts that traffic calming measures may
have on emergency response times. Mr. Brine reported that the City's use of traffic
calming measures has been limited in the past. Approximately five to six streets in
the City have speed bumps.
Public Works Director Badum added that the program is the culmination of the
work done by the Neighborhood Traffic Calming Ad Hoc Committee, which included
Mayor Webb, Mayor Pro Tem Rosansky, the City Manager, Public Works Director,
Traffic Engineer, Police Chief and Fire Chief.
Using a PowerPoint presentation, Mr. Brine showed photos of the City's existing use
of speed bumps. He reported that the draft guidelines include a "traffic calming
toolbox ". The level one tools include measures already utilized by the City, and
include education, radar trailers, and police enforcement. The level two tools
address speed concerns, and include narrowing lanes, chokers, traffic circles and
speed bumps. The level three tools address volume concerns, and include
neckdowns, turn restrictions, cul -de -sacs and partial closures. Mr. Brine displayed
photos of the various methods, and listed some of the positive and negative aspects
of each.
Mr. Brine stated that the guidelines include thresholds, which define what level of
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City of Newport Beach
Study Session Minutes
August 22, 2006
speed and what volume of traffic is considered reasonable when determining
whether to implement a measure. He stated that the guidelines also establish a
step -by -step review process for responding to resident requests. He displayed a
flowchart of the process and stated that resident involvement is an important
element.
City Manager Bludau expressed his concern that it only takes one resident to begin
the process, and explained that there is considerable staff time involved early in the
process. He suggested that requiring five residents to express a concern in a
neighborhood might be more appropriate. Council Member Ridgeway stated that
the impact might be unique to only one resident, however. Mr. Brine referred to
step two of the process and stated that collecting speed data is a worthwhile
effort. Mayor Pro Tem Rosansky noted that the traffic management measures aren't
mandatory and would have to be subject to available resources. Council Member
Nichols agreed with the suggestion of City Manager Bludau.
Mr. Brine stated that the annual budget for traffic calming is $50,000, and noted
that it limits the number of measures that can he installed in any given fiscal year.
In closing, he asked for the City Council's guidance on how to proceed.
Mayor Pro Tem Rosansky thanked those involved in the development of the
program, and expressed his support for moving forward with it. He stated that once
in place, changes or modifications could be made, if necessary.
Council Member Curry also complimented staff and expressed his support for the
program. In response to his question, Public Works Director Badum stated that the
traffic calming measures would currently not be eligible for Measure M funding, but
could begin the future. He also explained where the funding in the budget would
come from for the measures.
Council Member Ridgeway stated that the program is well written and
also recommended moving forward with it.
Council. Member Selich stated that it appears to be a workable program, but felt that
more than one resident should be required to initiate the process. It was the general
consensus of the Council Members to require five residents in the draft guidelines
that will return to the City Councill for action.
Mayor Pro Tem Rosansky. suggested that staff be given more leeway in step two of
the process to determine what measures will be put into place. Mr. Brine noted
that staff also informs residents of the measures to expect. Mayor Pro Tem
Rosansky confirmed that the Traffic Affairs Committee, referred to in step five of the
process, is a staff -based committee.
Mr. Brine noted that money separate from the $50,000 was also budgeted for specific
projects in Newport Heights and Newport Hills. Mr. Brine further confirmed that
with the minor changes recommended, he was prepared to bring the guidelines back
to the City Council for consideration.
In response to Council Member Nichols' concern, Mayor Webb noted that the
guidelines include an evaluation of the projected shift in traffic for measures under
consideration.
Council Member Daigle requested that sufficient flexibility be built into the
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City of Newport Beach
Study Session Minutes
August 22, 2006
guidelines, and explained that some neighborhoods have unique conditions.
PUBLIC COMMENTS
Ron Hendrickson stated that there is an ongoing problem in the Newport Hills section of
Harbor View at the San Miguel Drive entrance with vehicles with "for sale" signs parked
there on the weekends. He stated that he has learned that an ordinance that would prohibit
this is no longer enforced by the Police Department, and he asked why it was
abandoned. Mayor Pro Tem Rosansky confirmed that there is a court case challenging the
prohibition of "for sale" signs as it relates to the right to free speech. He stated that the City
Attorney is looking into the matter.
ADJOURNMENT - at 4:43 p.m.
The agenda for the Study Session was posted on August 16, 2006, at 1:30 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Recording Secretary
Mayor
Volume 57 - Page 771
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
August 22, 2006 — 7:00 p.m.
- 4:00 p.m.
CLOSED SESSIO - 4:45 p.m.
t�
Present: Council Member Curry, Council Member M
ro Tem Rosansky yor Webb,
Council Member Ridgeway, Council Membe
until Member Nichols
C. CLOSED SESSION REPORT
City Attorney Clauson reported that
discussed
a petition to challenge
the
environmental review. of projects recent
a in the
of Irvine. She indicated
that
Council authorized the attorneys to at
mpt to a to
agreement with Irvine.
She
announced that, if discussions fail, Coun
auth tt
eys to file the challenge.
She
added that Council al to allow th
i atin to
the City in the petition.
D. PLEDGE QI A - Council
JUNE
mber Curry
E. INVOCATION - fy Beaulieu,
ur Lady Queen of Angels Church
Centennial .0 itte ecognition - Recreation and Senior Services Director Knight
announced upco g Cenimanial events (www.newportbeach100.com). Mayor Webb presented
L Dre cates to me re of th aahion Island Committee, the Heritage Committee, and the Dredges
mboats E 'bit Committee. Mayor Webb also presented The Irvine Company with a gift for
orina Lets o Launch.
i from the Friends of the Library - Library Services Director Katsouleas
check to be used towards the Children s Sun and Sea Discovery Garden.
Recognition for Efforts to Restore the Antique Fire Engine - Fire Chief Riley recognized
employees from the General Services Department, Bob Bond who did the artwork, Lloyd Ikerd, the
Los Angeles Fire Department, and Newport Beach Fire Department personnel who assisted with
the restoration of the 1920 American LaFrance Fire Engine. He also read a list of Fire Department
personnel who provided monetary assistance.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR
REPORT (NON- DISCUSSION ITEM):
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City of Newport Beach
City Council.Minutes
August 22, 2006
Council Member Nichols announced that there are vacancies on the Environmental Quality Affairs
Citizens Advisory Committee (EQAC).
Council Member Daigle announced that the Orange County Conference for Women will be held on
September 21 at the Balboa Bay Club (www.ocwomen.org).
Council Member Curry congratulated the Recreation staff for Sunday Funday and announced that
the last Concert in the Park will be held this Sunday at Eastbluff Park.
Mayor Webb announced that there are ten days left until the City's 100th birthday provided
Centennial Moments. .0-
I. CONSENT CALENDAR
1. MINUTES OF THE REGULAR MEETING OF AUCUST 8, 2006. -20061 Waive
reading of subject minutes, approve as written arv&wrrder d.
Im
2. READING OF ORDINANCES AND R U NS. Waive reading of all
ordinances and resolutions under consideration, direct City Clerk to read b tle only.
CONTRACTS AND AGREEMENTS
3. APPROVAL OF A COOPE T GREE WITH THE COUNTY OF
ORANGE FOR HARBOR DEB S RE (G2 .(381100 -20061 Authorize the
City Manager to execute a coope ive afire th th County of Orange whereby the
City provides moval and fuse up se within the tidal zones of Newport
Harbor an Co provides g funds.
ow 4. AME CON ACT FOR WPORT COAST RESIDENTIAL REFUSE
COLLEC N 13). (38110 0061 Continued indefinitely.
5 A TRA NDSCAPE PARK MAINTENANCE SERVICES
WITH U EN LAND ARE (C- 3880). (381100 -20061 Award the Landscape
Mainten ent with Tru Green Landcare in the amount of $474,997 to provide
landscape ainten es services to City parks and facilities and subsequently approve a
budget a ndment 7BA -008) in the amount of $84,682 to fund the additional cost over
the exp' g contract.
6. BAC AY SCIENCE CENTER - AWARD OF CONTRACT (C- 3460). (381100 -20061
Vrove the plans and specifications; and 2) award the bid packages for C -3460 as shown
staff report for the total bid price of $266,676.00, and authorize the Mayor and the
lerk to execute the contract.
7.. IRVINE TERRACE WATER VALVE, OCEAN VISTA AND ORANGE STREET
WATER MAIN REPLACEMENTS - COMPLETION AND ACCEPTANCE OF
CONTRACT (C- 3643). (381100 -20061 1) Accept the work; 2) authorize the City Clerk to
file a Notice of Completion; 3) 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 4) release the Faithful Performance Bond one (1)
year after Council acceptance.
8. JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH
BRISTOL STREET - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3785).
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City of Newport Beach
City Council Minutes
August 22, 2006
[881100 -80061 1) Accept the work; 2) authorize the City Clerk to file a Notice of
Completion; 3) 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 4) release the Faithful Performance Bond one (1) year after Council
acceptance.
9. CHILDREN'S SUN AND SEA DISCOVERY GARDEN AT NEWPORT BEACH
CENTRAL LIBRARY - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
WITH FRONT PORCH CREATIONS (C- 3851). [881100 -50061 1) Accept a $139,530
contribution from the Friends of the Newport Beach Library for creation an aintenance
of a children's garden adjacent to the Central Library; 2) approve P3 ional services
agreement with Front Porch Creations of Newport Beach, Califor at a not to exceed
price of $139,530 and authorize the Mayor and City Clerk to ex he agreement; and 3)
approve a budget amendment (07BA -009)' to increase rev es ' s by $139,530 in
Account No. 4091 -5892 (Library - Friends of the Li br and app ting the same
amount to 7011 - 04091936.
10. MALIBU CIRCLE SLOPE REPAIR - A O NTRACT ( ). [881100-
50061 1) Approve the plans and spec Xwo award the contract -3791) to
Excavating Engineers Inc., dba Hillside Re Company for the total d price of
$62,777, and authorize the Mayor and Citecute the contract; 3) establish an
amount of $6,000 to cover the cos unfored 4) approve a budget amendmen t
(07BA -010) in the amount of $35, ud General Fund Reserves.
11. AMENDMENT TO PROFES ION RVIC AGREEMENT WITH EIP
ASSOCIATES, INC. AND B GET (C- 3620). [881100 -50061 1)
Approve and the May and ity Cler execute the third amendment to
profession rvi agreement EIP Associates, Inc.; and 2) approve a budget
amen (07B 11) transfe g $142,270 from the unappropriated General Fund
reserve un 710 -8293, Gene 1 Plan Update.
S O
2006/20 C RAL ARTS RANTS. [100 -50061 Approve recommended recipients
for FY 61200 ultural Arts Grants as selected by the City Arts Commission in
accordan 'th Cil olicy I -12 - Reserve Fund for Culture and Arts.
SOBER VING BY THE SEA - USE PERMIT NO. 2005 -031, OFFSITE PARKING
AGRE NT NO. 2005 -005, MODIFICATION PERMIT NO. 2005 -188 - 2811 VILLA
WAY A 2005 -186) (contd. from 4/11/06, 5128106 and 6/27/06). Continue to September
6, 6. (Council Member Ridgeway recused himself on this item)
Motio v Maavor Pro Tem Rosansky_ to approve the Consent Calendar; and noting the
continuance of Item 4 and the recusal by Council Member Ridgeway on Item 13.
The motion carried by the following roll call vote:
Ayes; Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb,
Council Member Ridgeway, Council Member Daigle, Council Member Nichols
J. ITEMS REMOVED FROM THE CONSENT CALENDAR - None.
K. PUBLIC COMMENTS
Louise Fundenberg announced that the Central Newport Beach Community Association and the
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City of Newport Beach
City Council Minutes
August 22, 2006
L.
M.
N.
Peninsula Point Association will be holding a candidates forum on September 7 at 7:00 p.m. in the
American Legion Hall.
Alyce Richards believed that the McFadden Square Centennial Project needs a better sculpture
than a bronze sphere.
Cynthia Determan, District Director for Senator Tom Harman, stated that the Senator is looking
forward to working with and serving the City.
Lynn Aiken discussed problems on Ocean Boulevard with gang members, took
and staff, and requested to speak with the City Manager.
14. PLANNING
AGENDA FOR
Assistant City Manager Wood reported on
Implementation Program of the General
Expansion (PA2005 -092) - 2046 and 2100
Brewing Company (Use Permit No. 3485) - 2920
CURRENT BUSINESS
15. REQUEST TO CONSTRUCT N
RIGHT -OF -WAY AT 401 -407 EI
Public Wa.d r Badum I
is askin ncroachmei
main ' ry right to
requested that Cour
- None.
7, 2006.
Tg Planning Coi
Lady Queen of
Drive; and the
Boulevard.
Council
items:
Church
Beach
IN THE PUBLIC
ff the staff r'port and noted that the applicant
agreement would include a condition that the City
the property, and there is no landscaping being
licy L-6 doesn't give staff the authority to grant this
In reap a to cil questions, Public Works Director Badum indicated that he is not
sure if t is the a 1970 property owner who had a prescriptive rights issue against the
City. He ported t the right -of -way cannot be quitclaimed because the storm drain
would ne to be r sated. City Attorney Clauson reported that all of the City s non -
standar ncroachment agreements give the City authority to revoke the agreement at any
time.
pY Webb indicated that the apartments close to the property have a 14 foot sidewalk.
suggested tapering the sidewalk from the corner of Cypress so it goes from 0
oachment to the 4 foot encroachment, and only be about 12 feet long.
Motion by Council Member Ridgeway to continue this item to the next meeting to
allow staff to study Mayor Webb's suggestion to taper the sidewalk and review property
ownership.
Council Member Nichols expressed support for approving the applicant's request.
The motion carried by the following roll call vote:
Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor
Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols
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City of Newport Beach
City. Council Minutes
August 22, 2006
S16. AUTHORIZATION TO PURCHASE 15.05 ACRES OF LAND AT SUPERIOR AND
WEST COAST HIGHWAY .(CALTRANS PARCEL DD #40766 -01 -01 - "SUNSET
RIDGE PARK ") FOR $5,000,000; AND APPROVE BUDGET AMENDMENT. 1100-
80061
Assistant City Manager Kiff reported that the proposal is to purchase the property at
Superior and West Coast Highway (Sunset Ridge Park) for $5 milli on, rather than lease it
from State Parks. He stated that this would still need to go to the California
Transportation Commission for final approval.
Motion by Mayor Pro Tem Rosansky to 1) adopt Resolution No.
the purchase of Sunset Ridge Park, authorizing the City Manager is
documents, and stating the City's agreement with the
Agreement and draft Deed; 2) authorize the Mayor to
Agreement for Caltrans Director's Deed #40766- 01-01 ("
paid over three fiscal years at 4.75% interest on a
Agreement is substantially similar to the attache
WW arch
approve a budget amendment (07BA -012) as ws: $
In Lieu Reserves and $1,100,000 from U op ' d
Account #7021-05100515.
The motion carried by the followi�
Ayes: Council Member Curry, Cc
Webb, Council Member Rids
O. MOTION F RECON E A
P. fEN at 8:2 m. in men
The agenda for R lar Meeting
City Hn 1 Ra,lleti ed out
X6`06, at 2:00 on City Hall
Beach Admini tion ildinat.
City Clerk
call vote:
terms
Ridge
:0 5 authorizing
ecute all relevant
Purchase and Sale
e and Sale E
000 from Una
General Fund
Luvena Hayton.
lase and Sale
for $5,000,000
vided that the
went; and 3)
ated Park
s s to CIP
Pro Tem Rosansky, Mayor
Council Member Nichols
.s posted on August 16, 2006, at 1:80 p.m. on the
e of the City of Newport Beach Administration
the Regular Meeting was posted on August 18,
in Board located outside of the City of Newport
Recording Secretary
Mayor
Volume 57 - Page 776