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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 Volume 57 — Page 769 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 Volume 57 - Page 770 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): Volume 57 - Page 772 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). Volume 57 -Page 773 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 Volume 57 - Page 774 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 Volume 57 - Page 776 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