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HomeMy WebLinkAbout04/12/2005 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 12, 2005 - 7:00 p.m. STUDY SESSION - 4:00 p.m. CLOSED SESSION - 6:00 p.m. :t:r * * *xt *xa:rx *tree * ** A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Absent: Heffernan (excused) C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Council Member Webb E. INVOCATION - The Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Parish Church F. PRESENTATIONS Donate Life Month Proclamation. Mayor Bromberg presented a proclamation proclaiming April, 2005 as Donate Life Month to Alec Loraimore, who accepted the proclamation on behalf of the OneLegacy Transplant Donor :Network. Mr. Loraimore stated that OneLegacy is the Federally designated organ procurement organization for Southern California, and he shared his personal story. He encouraged everyone to participate in the Donate Life Run/Walk being held on April 23, 2005, in Fullerton, and stated that the proceeds will go towards getting the message out about organ donation. Additional information can be obtained on the organization's website at www.donatelifecalifornia.org. Leadership Tomorrow Class of 2005 Project. Recreation Manager Matt Lohr stated that he and City Clerk LaVonne Harkless are both participants in the Leadership Tomorrow Class of 2005. He stated that Leadership Tomorrow was founded on the belief that the more knowledgeable people are about their community, how it works and what the needs are, the better they will be able to lead and serve the community. Each Leadership Tomorrow class selects a project and the project selected by the Class of 2005 is to build a library for Harper Preschool. Mr. Lohr stated that the community can assist with the project by donating books or money, or volunteering to help set up the library. More information can be obtained by calling the City Clerk's Office at (949)644 -3007 or the Recreation Office at (949)644 -3164. G. NOTICE TO THE PUBLIC Volume 57 -Page 159 INDEX City of Newport Beach City Council Minutes April 12, 2005 INDEX H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Rosansky announced that on April 27, 2005, at 7:00 p.m. in the Council Chambers, the West Newport residents will meet to begin a process to determine what direction West Newport should take. He encouraged the public to attend. Mayor Pro Tem Webb announced that during the construction of the San Joaquin and Eastern/Foothill transportation corridors, approximately 2100 acres of native habitats were created. During the months of April and May, 2005, tours will be given of these areas. He highlighted the tours at the Bonita Creek wetlands area that would be given on May 7th, and include a bud watching tour at 6:00 a.m. and a restoration tour at 9:00 a.m. Additional information can be obtained by calling the Transportation Corridor Agency (TCA) at (949)754 -3405. Council Member Daigle announced that the Russian National Orchestra Wind Quintet will be performing "Peter and the Wolf' on August 2, 2005, at Grant Howald Park. She noted that the performance won a Grammy in 2004. Council Member Daigle announced that the restriping on Eastbluff Drive, which provides an additional lane out of Eastbluff, has been completed. Other changes are also being considered to improve the traffic flow around Corona del Mar High School. Council Member Daigle noted that she received a tour of her district by the traffic engineer and requested that the Orange County Transportation Authority (OCTA) provide a presentation to the City on the Measure M funds. • Council Member Rosansky stated that OCTA may be making a presentation at the Economic Development Committee (EDC) meeting on April 20, 2005. • Council Member Nichols stated that he appropriated the funds for the installation of a transformer at Grant Howald Park the prior year. He requested that it be confirmed if this was completed, as it would be providing the power source for the orchestra performance previously announced by Council Member Daigle. • Council Member Nichols announced that there is now enough water behind the Seven Oaks Dam. Testing was conducted and as a result, water is being released. He stated that the flood control situation needs to be taken care of so that the groundwater basin can again be replenished. He stressed the importance of this being done as soon as possible. • Mayor Bromberg announced that the 4th Annual Newport Beach Relay for Life event would be taking place from 6:00 p.m. on May 13, 2005, to 6:00 p.m. on May 14, 2005, at Newport Harbor High School. He stated that it is an awareness and fundraising event for cancer, and that $90,000 was Volume 57 - Page 160 City of Newport Beach City Council Minutes April 12, 2005 INDEX raised at the 2004 event. Mayor Bromberg stated that there are 40 to 45 teams participating this year, the public is welcome and more information can be obtained by calling his office at (949) 644 -2004. • Mayor Bromberg announced that on April 17, 2005, at 10:00 a.m., a team of riders will be at the Newport Pier as a part of the Peddling for the Cure event. He explained that the cyclists are biking from Los Angeles to Chicago with the goal of raising $100,000 for autism. • Mayor Bromberg requested that a future Study Session report provide information on the in lieu parking fee for developers. He explained that there was a moratorium placed on the requirement in 1988 or 1989, and that it needs to be addressed again due to the shortage of parking in the City. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 1 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. RESOLUTIONS FOR ADOPTION 3. Item removed from the Consent Calendar by Council Member Nichols. CONTRACTS AND AGREEMENTS 4. Item removed from the Consent Calendar by Council Member Nichols. 5. 2004 -2005 SIDEWALK, CURB AND GUTTER REPLACEMENT C-3718 PROGRAM — COMPLETION AND ACCEPTANCE OF CONTRACT 2004 -2005 (C- 3718). 1) Accept the work; 2) authorize the City Clerk to file a Notice Sidewalk, Curb of Completion; 3) authorize the City Clerk to release the Labor and & Gutter Materials bond 35 days after the Notice of Completion has been recorded Replacement in accordance with applicable portions of the Civil Code; and 4) release the Program Faithful Performance Bond one year after Council acceptance. (38/100 -2005) 6. Item removed from the Consent Calendar by Council Member Nichols. 7. CORPORATION YARD BUILDING W -- AWARD OF CONTRACT C -3642 (C- 3642). 1) Approve the plans and specifications; 2) award the contract I Corporation (C -3642) to Horizons CCI Services, Inc. for the total bid price of $391740 Yard and authorize the Mayor and the City Clerk to execute tho contract; Building W 3) establish an amount of $39,500 to cover the cost of unforeseen (38/100 -2005) Volume 57 - Page 161 City of Newport Beach City Council Minutes April 12, 2005 INDEX construction expenses; and 4) approve a budget amendment (05BA -052) appropriating $289,397 from Unappropriated Internal Service Reserves into Account No. 7611- C6120725. .S. SUNSET RIDGE PARK - APPROVE A PROFESSIONAL SERVICES C -3766 AGREEMENT WITH RJM DESIGN GROUP, INC. FOR MASTER Sunset Ridge PLAN SERVICES (C- 3766). Approve a Professional Services Agreement Park in the amount of $70,000 with RJM Design Group, Inc. and authorize the (38/100 -2005) Mayor and the City Clerk to execute the agreement. MISCELLANEOUS ACTIONS 9. Item removed from the Consent Calendar by a member of the audience. .10. BUDGET AMENDMENT - CALIFORNIA SEAT BELT (100 -2005) COMPLIANCE CAMPAIGN PROGRAM - FISCAL YEAR 2004/2005. Approve a budget amendment (05BA -054) in the amount of $19,699 for the Police Department budget in Fiscal Year 2004/2005 to fund additional seat belt enforcement as a part of the California Seat Belt Compliance Program. 11. ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS (100 -2005) ENTERPRISE (DBE) REQUIREMENTS FOR FEDERAL FISCAL YEAR 2004 -2005. 1) Approve the DBE Program for the City of Newport . each for Federal Fiscal Year beginning October 1, 2004 and ending September 30, 2005; 2) authorize the Public Works Director to submit the approved DBE Program to Caltrans staff; and 3) designate Jessica Etezady, Administrative Manager, as the City's DBE Liaison Officer. 12. Item removed from the Consent Calendar by Council Member Nichols. 13.. Item removed from the Consent Calendar by a member of the audience. 14. PUBLIC OUTREACH EFFORTS FOR THE CITY HALL, FIRE (100 -2005) STATION AND PARKING LOT PROJECT. Receive and file. 15. APPOINTMENTS TO THE AD HOC COMMITTEE FOR REVISIONS (100 -2005) TO THE ZONING CODE. Appoint the following persons to fill the Ad Hoc Committee for Revisions to the Zoning Code: Council Member Steven Rosansky; Planning Commissioners Michael Toerge and Barry Eaton; Design Professionals Brien Jeanette and Michael Porter; and Public Members Ed Selich and Lloyd Ikerd. Motion by Mayor Pro Tom Webb to approve the Consent Calendar, except for those items removed (1, 3, 4, 6, 9, 12 and 13). The.motion carried by-the - followingroll- call yote :.....• Ayes: Rosansky,.Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Volume 57 -,Page 162 i City of Newport Beach City Council Minutes April 12, 2005 Noes: None Abstain: None Absent: Heffernan J. PUBLIC HEARINGS 16. GENERAL PLAN AMENDMENT (GP 2004 -010) - AMENDMENTS TO THE HOUSING ELEMENT (PA 2004 -235) [contd. from 3/22/05]. Assistant Planner Murillo stated that the Housing Element of the City's General Plan was adopted in August of 2003. Over the past year, Assistant Planner Murillo stated that he's discovered several discrepancies in the Housing Element that require revision for consistency and clarification purposes. He stated that staff is also using the opportunity to include a provision that would address the needs of moderate income households. Assistant Planner Murillo listed the five specific amendments being recommended, and as provided in the staff report. Council Member Daigle stated that there appears to be an unmet need in the community for senior housing in the low and very low income levels. She asked why the focus was being shifted to moderate income households. Assistant Planner Murillo stated that the State requires the Southern California Association of Governments (SCAG) to establish the regional housing needs allocation, which is broken down into very low, low, moderate and above moderate income groups. He explained that no moderate income units have been developed in the past five years. Council Member Daigle asked for more information on the moderate income housing provision being recommended. Assistant Planner Murillo explained that if a developer is proposing between one and ten units, an in -lieu fee must be paid. If between ten and fifty units are being proposed, the developer has the option of producing the very low or low income units or paying the in -lieu fee. The amendment would add moderate income units as an option, as well. Projects of fifty or more units, would still require that the units be provided, but again very low, low or moderate income units could be provided. Off site construction of the units is permissible. In response to Council Member Daigle's additional question, Assistant City Manager Wood stated that the three categories of development eliminate the need for the City to monitor smaller projects throughout the City, since developers of ten or fewer units aren't required to provide affordable housing units. Mayor Pro Tem Webb asked how a senior citizen signs up for affordable housing and how they qualify. Referring to the Bayview Landing affordable senior housing site, Assistant City Manager Wood stated that the developer is currently taking names for an interest list. When the project is closer to completion, applications will be sent out. Qualifications will include very low to low income levels and a 62 year age requirement. More information- can be obtained by contacting the City or accessing the City's website. Volume 57 - Page 163 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 In response to Council Member Nichols' question, Assistant City Manager Wood stated that the amendments being proposed by staff would apply throughout the entire City. Council Member Nichols asked if the City of Beverly Hills has affordable housing requirements. Assistant City Manager Wood stated that every city and county in the State has the same requirements. Council Member Ridgeway added that the Regional Housing Needs Assessment (RHNA) is created every three years. Every city has a requirement from the State Housing and Community Development Department to provide certain housing. He stated that every city in Orange County is deficient. Mayor Bromberg added that there isn't a city in California that is in compliance, but that Newport Beach is doing better than most. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Ridgeway to adopt Resolution No. 2005 -19 approving General Plan Amendment No. 2004 -010 The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: Heffernan 17. CODE AMENDMENT 2005 -003 - ELEVATION DATUM REFERENCE (PA 2005 -047). Planning Director Temple stated that the amendment is a housekeeping change to the zoning code regarding the datum reference point used for the establishment of certain flood plane standards for residential and commercial development. Similar changes are also being recommended in the next item on the agenda regarding amendments to the building and fire codes, and makes the City's data reference points consistent with those used by the Federal Emergency Management Agency (FEMA). Council Member Nichols asked if there is something hidden in the recommendation. Planning Director Temple responded in the negative and stated that it's just a reference point. Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Ridgeway to introduce Ordinance No. 2005 -4 approving Code Amendment No. 2005 -003 and pass to second reading on April 26, 2005. Volume 57 - Page 164 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan 18. AMENDMENTS TO THE NEWPORT BEACH FIRE AND BUILDING CODES. Building Director Elbettar stated that the amendments were discussed in detail at the Study Session on February 22, 2005, and that the concerns of Council Member Daigle raised at that meeting regarding fences were discussed by staff. It was decided that adding a reference in Title 20 would address this concern. The concern of Council Member Rosansky regarding the delivery of Residential Building Records (RBR's) is still being researched by staff and has been removed from the proposed ordinance. In response to Council Member Nichols question, Building Director Elbettar stated that the proposed amendment does not allow or disallow fences, it only exempts certain types of fences constructed of wood and wrought iron from certain requirements when they're less than six feet in height. He further explained that concrete and masonry fences will still require a permit because they represent a safety issue and in addition, they're hard to remove if they're built in the wrong place. Council Member Nichols confirmed that the amendments have no effect on the zoning requirements. Council Member Ridgeway asked for more information on the requirements for roof construction. Building Director Elbettar stated that they apply to new construction and require that Class A assembly be used. If 50% or less of a roof is being replaced, Class B materials can be used. If 50% or more of the roof is being replaced, Class A covering is required. Council Member Ridgeway asked if the new Class A products are the same weight as the wood shingles. Building Director Elbettar stated that the roofing industry has responded to the requirements and developed products that look like clay and concrete tiles. In addition, the Building Department would work with customers on weight limits. Council Member Daigle asked if the proposed revisions would have any impact on Buck Gully. Fire Marshal Lockard stated that the proposed amendments are already in the Fire Code, but not in the Building Code. Council Member Daigle confirmed that any amendments to the fuel modification plan would come before the City Council. Mayor Bromberg opened the public hearing. Jim Hildreth stated that there's a discrepancy in what has been stated verbally at the current meeting and what is written in the staff report. He specifically noted the information contained in Section 428.5.6.2 and Volume 57 - Page 165 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 stated that it adversely affects those with older homes. Hearing no further testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Ridgeway to introduce Ordinance No. 2005 -5 and pass to second reading on April 26, 2005 The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan 19. COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2005 -2009 CONSOLIDATED PLAN AND 2005 -2006 ONE -YEAR ACTION PLAN. City Manager Bludau stated that staff is requesting that the item be continued to the City Council meeting of May 10, 2005. Mayor Bromberg opened the public hearing. Motion by Mayor Pro Tern Webb to continue CDBG Consolidated Plan and One -Year Action Plan public hearing until May 10, 2005. The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan K. PUBLIC COMMENTS Louise Fundenberg, President of the Central Newport Beach Community Association, asked the City Council to consider restricting the use of Segways on the boardwalk, and to enforce the current restrictions on surreys and scooters. Council Member Ridgeway stated that he's been working with the City Manager and the Police Chief on the issue. He requested that a future Study Session address the boardwalk and enforcement of illegal uses. City Manager Bludau confirmed that the issue would be agendized for the April 26, 2005, Study Session. Ms. Fundenberg additionally requested that the businesses who rent the surreys and pedicabs be required to comply with Newport Beach Municipal Code (NBMC) Section 12.56.040(B), which requires that they inform renters, in writing, of the restricted use of surreys and pedicabs on the boardwalk. Lastly, Ms. Fundenberg requested that the bicycle restriction on Buena Vista be enforced. Volume 57 - Page 166 INDEX (100 -2005) City of Newport Beacb City Council Minutes April 12, 2005 INDEX Mayor Bromberg requested that other areas in the City, such as Balboa Island, also be included in the discussion at the Study Session. Mayor Pro Tern Webb requested that prohibiting surreys on the streets be considered. Council Member Rosansky additionally requested that the new mini -bikes be included in the discussion. Jim Hildreth stated that the City also considered safety when it installed the ladder at the southwest end of the Grand Canal. He stated that the City has decided to call the location assigned to J. M. Hildreth an onshore mooring. He asked if the City considers the Grand Canal navigable waters and therefore, the property of the State. Additionally, he stated that the City does not collect fees for the moorings in the Grand Canal, it collects fees for access to the Grand Canal. He stated that the City has shown, by installation of the ladder, that they are willing to address the access issue at that location. Mayor Bromberg requested that if the mooring that Mr. Hildreth is referring to is dangerous, moving it should be reconsidered. Gordon Breecher stated that there's a dangerous situation at the intersection of Jamboree Road and Bristol Street, and explained that it is difficult for drivers traveling in the eastbound lanes on Bristol Street to the northbound lanes on Jamboree Road to navigate the intersection. He requested that a safety engineer look into the matter. Council Member Daigle requested that the Public Works Director follow up on the comments made by Mr. Breecher. Brad White, Senior Southern California Representative for the California National Guard Association, stated that he is also the Chair of a Statewide campaign to mobilize California cities to help and support their own local military families and members. Mr. White stated that he is speaking at the current meeting regarding Eric Schlosser who is scheduled to speak at the Central Library. Mr. White stated that Mr. Schlosser has the right to express his freedoms, but that he disagrees with a public speaker who condones drugs and who will be mentoring local high school students. Mayor Bromberg informed Mr. White of the City's involvement with helping military families through the adoption of the lst Battalion, lst Marines out of Camp Pendleton. He encouraged Mr. White to contact him about setting up similar programs in other cities. Mr. White agreed and explained that his involvement with Mr. Schlosser came about as the result of a military family who contacted him with their concern for Mr. Schlosser's involvement with the local students. Council Member Ridgeway suggested that Mr. White's comments might be better directed at the Newport/Mesa Unified School Bcard. Volume 5 - Page 167 City of Newport Beach City Council Minutes April 12, 2005 Council Member Nichols thanked Mr. White for bringing the matter to the City's attention. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC). Mayor Bromberg announced that GPUC would be meeting April 25, May 2, 9 and 16, 2005, at 4:00 p.m. at the Central Library. Status report - Local Coastal Program (LCP) Certification Committee. Council Member Ridgeway reported that the LCP Committee met on April 11, 2005, and that the Land Use Program will be heard by the Coastal Commission in June. The implementation statutes are currently being worked on. The LCP Committee will meet again on May 3, 2005, at 3:00 p.m. at City Hall. He encouraged those interested in the coastal bluffs issue to attend the meeting. Status report - Newport Coast Advisory Committee (NCAC). Council Member Nichols reported that the NCAC has met a couple of times and that a compromise on the recreation center has been reached. Additionally, the committee requested that the parking and access issues at Newport Coast Elementary be presented to the committee. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Mayor Pro Tern Webb reported that the library construction is moving forward. Status report - City Centennial 2006 Committee. Mayor Pro Tem Webb reported that meetings are being held regularly and the centennial website is being updated. He encouraged those who would like to volunteer to access the website at www.newuortbeach100.com. Lastly, he announced that the City's application for a float in the 2006 Rose Bowl Parade has been accepted. Status report - City Council/Citizens Ad Hoc Committee for Marina Park Planning. Mayor Bromberg reported that the next meeting of the committee would be held on April 19, 2005, at 4:00 p.m. in the Council Chambers. He encouraged the public to attend, and stated that future meetings would be held on the third Tuesday of every month at 4:00 p.m. Status report - City Council Ad Hoc Marina Park Advisory Committee. Council Member Ridgeway reported that the advisory committee would be holding its first meeting on April 13, 2005. Status report - Website Review Ad Hoc Committee. Council Member Daigle reported that the committee met and will be bringing an item to the City Council at the April 26, 2005, meeting to expand public access and enhance the City's website. Council Member Ridgeway added that the technology is exciting, and provides the ability to view and listen to City Council meetings on the City's website. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR APRIL 7, 2005. Volume 57 - Page 168 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 Planning Director Temple reported that of the four items before the Planning Commission, one item was continued and another was withdrawn by the applicant. The item withdrawn was for a variance at the Jackson residence at 3631 Ocean Boulevard. The Planning Commission did consider and recommend for approval the code amendment to the elevation datum reference point. Lastly, the Planning Commission considered and approved a modification permit for the Espinoza condominium conversion at 329 Marguerite Avenue. N. CURRENT BUSINESS 21. APPROVAL OF A BANNER FOR THE ANNUAL BALBOA ISLAND ART WALK - ENCROACHMENT PERMIT N2005 -0117. City Manager Bludau stated that Council Policy L -16, Temporary Banners Extending Over Public Right -of -Way, prohibits the use of a commercial sponsor's name on a banner. He stated that it is up to the City Council to determine if this stipulation should be waived for this particular event. Mayor Bromberg noted that the event is in his district, but that he really has no opinion on the inclusion of sponsor names on the banner and is looking for input from the other council members. In response to Council Member Rosansky's question, it was determined that the City Council does not normally deviate from the policy. Mayor Bromberg stated that he was remiss in not announcing the event earlier in the current meeting, and noted that it's taking place on May 7, 2005, on South Bay Front. He stated that it's a great event and he encouraged the public to attend. He stated that he is inclined not to deviate from the policy. Council Member Nichols expressed his opposition to the banner being placed in Corona del Mar. He asked if the Corona del Mar Business Improvement District (BID) or the Corona del Mar Chamber of Commerce were contacted about the placement. He stated that he doesn't feel it's appropriate and suggested that it be placed at the intersection of Jamboree Road and Coast Highway instead, which is also a very prominent location. Mayor Bromberg stated that he'd be surprised if residents and businesses in Corona del Mar objected to the banner being placed in Corona del Mar. City Manager Bludau additionally noted that it is being placed in the same location as the Film Festival and Corona del Mar 5K banners. Jim Hildreth suggested that the banners be placed in multiple locations. Motion -by Slayor_Pro Tern Webb to approve the request for the installation of a banner for the 11« Annual Balboa Island Art Walk with the six conditions for approval as listed in the staff report, but required there to be no sponsorship names or logos on the banner. Volume 57 - Page 169 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: Heffernan 22. JAMBOREE ROAD /SR -73 OVERCROSSING - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING (C- 3724). Motion by Mayor Pro Tern Webb to 1) approve a budget amendment (05BA -053) transferring $375,483 from the Transportation and Circulation Fund Balance, 260 -3605, and appropriating the same amount in account 7261- C5100784; and 2) approve a Professional Services Agreement with RBF Consulting of Irvine for engineering, right of way, environmental, and construction engineering services for the widening of Jamboree Road (including the Caltrans bridge over SR -73) from MacArthur Boulevard to Bayview Way at a contract price of $923,453 and authorize the Mayor and the City Clerk to execute the agreement. Council Member Daigle requested that an overview of the project be presented. Public Works Director Badum stated that the project will involve widening the westerly portion of the Jamboree Road bridge over SR -13, which will add additional northbound and southbound lanes and improve the efficiency of the intersection. He noted that the flyover ramp discussed in previous years would not be a part of the project and has been determined as being unnecessary. In response to Council Member Nichols' question, Public Works Director Badum stated that the contract under consideration at the current meeting includes the design of the project and the required processing through the State. Council Member Nichols asked how one lane on a concrete bridge could cost so much. Public Works Director Badum added that the scope of work is included in the staff report and noted that when working with a State highway, there are additional requirements that have to be met. In addition, the right -of -way acquisitions that will be needed will require more effort. The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan O. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF MARCH 22, 2005. Volume 57 - Page 170 INDEX C -3724 Jamboree Road /SR -73 Overcrossing (38/100 -2005) City of Newport Beach City Council Minutes April 12, 2005 Jim Hildreth stated that some of his comments on page 145 of the regular meeting minutes, under Public Comments, were either incorrect or incomplete. He requested that the minutes be reviewed. Motion by Council Member Ridgeway to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan 3. PEDESTRIAN CROSSING RESTRICTION ON RIDGE PARK ROAD. Council Member Nichols stated that the recommended action will put more cars in the shopping center parking lot, which will mean that more pedestrians will be crossing Newport Coast Drive. He stated that it is better for the pedestrians to cross Ridge Park Road, which has fewer lanes and lower speeds. He noted that the City did not properly design the parking and access, and it has created a mess in the area. City Manager Bludau stated that the City had no involvement in the design of the school or Newport Coast Drive. He stated that the school and the Parent Teachers Association (PTA) asked the City to cite pedestrians who try to cross Ridge Park Road outside of the crosswalk. Council Member Ridgeway noted that the matter is concerning jaywalking, not parking. The parking lot across Ridge Park Road can be used, but the pedestrians will need to walk down to the crosswalk and use it to get to the school. He stated that the school has asked the City to do this and he supports the action. Mayor Bromberg agreed that it is necessary, and the City is doing the best it can, given the situation. Council Member Nichols stated that the matter needs to include input from the Newport Coast Advisory Committee (NCAC) and not just the PTA. Motion by Mayor Pro Tern Webb to adopt Resolution No. 2005 -18 prohibiting pedestrians from crossing Ridge Park Road one hundred feet (100') either side of the centerline of the driveway to Newport Coast Elementary School. Jim Hildreth stated that the recommended action just seems like another way for the City to issue tickets and claim that it's not liable if anything happens. He. stated that more direction should be given to the parents on what they can do, and not just on what they can't do. He additionally suggested tliat the speed limit on Ridge Park Road be enforced and possibly additional parking be offered. Volume 57 - Page 171 INDEX (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: Heffernan 4. NEWPORT COAST FLOW AND WATER QUALITY ASSESSMENT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WESTON SOLUTIONS (C- 3748). Council Member Nichols asked that more information on the grant be provided. City Manager Bludau stated that the study will include Buck Gully, Morning Canyon, Pelican Point Canyon, Los Trances, Muddy Creek and Morro Creek, and will be paid for by the Newport Coast Watershed Program grant. Public Works Director Badum added that the study will determine what kind of pollutants are in the watersheds and what their sources might be. Council Member Nichols confirmed that Newport Beach is a leader in water quality. Motion by Mayor Pro Tem Webb to 1) approve a budget amendment (05BA -055) increasing the current year appropriation for the Newport Coast Watershed Program, Account No. 7251- C5100779 by $125,000; and 2) approve a Professional Services Agreement with Weston Solutions, Inc. of Carlsbad for flow and water quality assessment tasks in Buck Gully and other canyons in Newport Coast at a contract price of $374,890 and authorize the Mayor and the City Clerk to execute the agreement. The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Nichols Abstain: None Absent: Heffernan SOUTHBOUND MACARTHUR BOULEVARD AT COAST HIGHWAY MEDIAN MODIFICATIONS - REJECT BIDS FOR CONTRACT (C- 3750). Council Member Nichols asked for more information on the project. Council Member Ridgeway stated that the action before the City Council at the current meeting is the rejection of the bid and that information on the project could have been obtained by contacting the Public Works Director prior to the meeting. Council Member '_Nichols stated that more information should have been provided in the staff report. Public Works Director Badum reported that the project includes modification of the existing median, north of the intersection, to allow vehicles to get into the left turn pocket without blocking the vehicles making a right turn. Volume 57 - Page 172 WID)WI C -3748 Newport Coast Flow & Water Quality Assessment (38/100 -2005) C -3750 MacArthur Blvd. Median Modifications (38/100 -2005) City of Newport Beach City Council Minutes April 12, 2005 Motion by Council Member Ridgeway to reject the bids received for the Southbound MacArthur Boulevard at Coast Highway Median Modifications (C -3750) and authorize staff to re- advertise and re -bid the project. The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan 9. DECORATIVE CONCRETE PAVERS IN ALLEY — REVISION OF COUNCIL POLICY L -25. Jim Hildreth referred to the design for the pavers; as provided in the staff report, and expressed his disagreement with using sand and thinset. He stated that they present a safety hazard. Motion by Council Member Daigle to 1) adopt revised City Council Policy L -25 for Decorative Alley Pavement Program; and 2) adopt revised City STD - 144 -L, Interlocking Concrete Alley Pavers. Mayor Pro Tern Webb stated that the design is a standard and used industry wide. The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, 'Nichols, Mayor Bromberg '_Noes: None Abstain: None Absent: Heffernan 12. PARKING CITATION ISSUANCE HANDHELDS AND MANAGEMENT SOFTWARE. Council Member Nichols stated that the handhelds will allow the City to ticket more people, more quickly. He felt that ticketing is already being overdone and cited the example of an individual who was ticketed because he forgot to display his handicap placard, and still had to pay $33 after protesting the ticket. Motion by Council Member Ridgeway to authorize the purchase of handhelds from Enforcement Technology and the Automated Issuance/ Management System software from EDC. Jim Hildreth stated that the handhelds currently being used by the City do a good job and work just fine. He stated that he couldn't understand the reason for the upgrade or the need to spend the money. The motion carried by the following roll call vote: Volume 57 - Page 173 INDEX (100 -2005) (100 -2005) City of Newport Beach City Council Minutes April 12, 2005 Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: None Abstain: Nichols Absent: Heffernan 13. RECLASSIFICATION OF CITY MANAGER'S OFFICE PART -TIME DEPARTMENT ASSISTANT TO FULL -TIME. Mayor Bromberg confirmed with City Manager Bludau that the position is the replacement position for Helen Wick, who recently passed away. Jim Hildreth stated that he was unaware of this and thought it was for a new position. He expressed his support for the recommended action. Motion by Council Member Ridzeway to approve reclassification of position from part -time to full -time Department Assistant. The motion carried by the following roll call vote Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Heffernan P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT - at 9:02 p.m. The agenda for the Regular Meeting was posted on April 6, 2005, at 1:55 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary '�r ` n City Clerk �J } � =File, CALIVOa Volume 57 - Page 174 INDEX (100 -2005)