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HomeMy WebLinkAbout08/24/2004 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session August 24, 2004 - 4:30 p.m. ROLL CALL Present: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols (arrived late), Mayor Ridgeway Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None. 2. STATUS REPORT ON TRAFFIC FLOW OPTIMIZATION PROJECT City Manager Bludau reported that this was one of staffs top ten priorities last fiscal year and they wanted to come back to Council after they had time to make minor adjustments. Transportation/Development Services Manager Edmonston stated that this was one of the most expensive projects that Traffic /Engineering has been involved in and one of the more exciting projects. He indicated that they started with a goal of improving traffic signal timing; however, as they got into developing the request for proposal, they realized that the City had a number of other needs. He stated that the City's system is 20 years old and it is getting harder to support it physically. He added that a lot of the City's signals are controlled by Caltrans, they use a different system, and there are problems interfacing the two systems. He reported that they are looking into changes in order to get ready for the next generation of equipment and software. He stated that they put together a comprehensive program and solicited proposals from most of the major firms in Southern California that had expertise in this area. He reported that they selected Meyer, Mohaddes Associates because they have a range of expertise to draw from, brought in people from outside the area, and provided training for City staff that will last the City a long time and minimize the need for significant consultant involvement in the future. He introduced Ramin Massoumi and Abbas Mohaddes of Meyer, Mohaddes Associates. Mr. Edmonston noted that they are not done with the project but expect to be done by the end of the calendar year. Abbas Mohaddes, Meyer, Mohaddes Associates, acknowledged the work that City staff has done. He noted that the primary focus was on signal timing which involved looking at 125 signalized intersections and conducting a technology review. He utilized a PowerPoint presentation to show the intersections they looked at. He added that new timing plans have been prepared for all the intersections and noted that over 63 of the intersections have been field implemented and fine tuned. He reported that much of their time was spent out in the field with City staff. He stated that they purchased a couple of GPS clocks for $700 each to synchronize intersections and utilized one of them at the Coast Highway /Jamboree intersection. Ramin Massoumi, Meyer, Mohaddes Associates, displayed simulations of how Coast Highway /Jamboree were interacting with Coast Highway /Back Bay- Drive Volume 56 - Page 1156 INDEX (100 -2004) City of Newport Beach Study Session Minutes August 24, 2004 INDEX before implementing the program. He emphasized that pedestrian and bicycle activities take precedence over vehicles. He added that the clock is currently set to operate during morning and midday peaks and confirmed that there are multiple sensors at each of the intersections. Mr. Mohaddes reported that Coast Highway /Jamboree is an example of a well- designed intersection that just needed good coordination. Regarding technology, Mr: Mohaddes stated that they looked at what kinds of things needed to be done to operate the traffic signal system. He indicated that they looked at the City's system as it related to hardware, software, and communication equipment. He reported that communication is a key component to the system and noted that City staff has been working with the MIS division to come up with ways to help the different departments support future communication needs at the intersections and at the traffic management center in order to respond effectively. Mr. Mohaddes displayed the proposed traffic management center and stated that it could be created at a low cost. Mr. Mohaddes confirmed for Mayor Pro Tem Adams that there would be closed circuit televisions and that the monitors would display real time images at intersections. He added that the other televisions at various locations would be centralized and viewed via the monitors. He reported that a City map could also be put in so they could look at various attributes of the signals. He believed that this allows staff to monitor traffic operations so they could respond effectively. He also displayed the integrated work stations in which staff would still be able to conduct its regular business. He stated that they envision the traffic management center to be about 600 square feet. Mr. Mohaddes reported that another task was to look at 11 critical intersections to see what enhancements could be done to respond to congestion, safety, and traffic demands. He stated that they looked at enhancing visibility, improving the geometry, utilizing energy saving opportunities, putting in a different type of signal hit, looking at the regulatory criteria to see if some of the intersections need to be brought up to code, relocating an advanced loop detector, and improving signing and striping. Mr. Mohaddes reported that they also generated a draft information brochure. He requested suggestions or comments from Council so they could incorporate it into the plan and stated that they would then work with staff to finalize the recommendation. He reported that they will propose to do detail work on some of the key elements of the project, secure funding, and then the City could proceed with design and construction. He emphasized that a majority of the signal timing plan has already been implemented and staff has received complimentary comments from citizens about the implementation. Council Member Rosansky asked if the videos will be used to record information for later use or if it is just to see what is happening at the intersection. Mr. Mohaddes reported that they will be showing the intersections live for traffic operational uses. He added that they have dealt with agencies, like police departments, who use the data, but stated that Southern California uses it just for traffic operations. In response to Council Member Webb's question, Mr. Mohaddess stated that they were directed to look at signals such as Campus /Jamboree which are near the airport and operated by the City of Irvine. He indicated that the traffic signals in that area were identified as "blue" so they came up with signal timing for those intersections. Volume 56 - Page 1157 City of Newport Beach Study Session Minutes August 24, 2004 INDEX City Manager Bludau asked about peak hour traffic. Mr. Mohaddes stated that they calculated critical movement and divided traffic based on the general traffic volume. He indicated that they also looked at the movement at peak periods. He stated that, if there is a peak period direction, that particular direction gets a higher priority for movement. In response to Mayor Ridgeway's questions, Mr. Mohaddes reported that the City has 92 traffic signals and 33 Caltrans signals. He noted that Caltrans is about to relinquish some of its signals to the City. He confirmed that he studied every traffic signal in the City. Mr. Edmonston added that a firm conducted a.m. and p.m. peak hour counts at all the intersections. Further, they counted during the midday at selected, typical intersections to give them an idea about midday flow. He stated that all the information is entered into a computer model which knows where heavy flows of traffic are. He noted that this is how preferences are assigned. Council Member Nichols asked if they count algorithms. Mr. Mohaddes stated that they use software tools that get into the algorithms of vehicular speed, rate of the intersection, and a variety of other attributes. He confirmed that the timing is set ahead of time and then iterations are made after. He added that the timing is typically based on the initial counts that were taken during the various times of day. He noted that the fine tuning is done by people so it fits the demand and not done automatically through software. Mayor Pro Tern Adams stated that he initiated this project and thanked staff for the update. He asked if there will be a final report or documentation to wrap up the project. Mr. Edmonston stated that this will be an ongoing effort and they did not plan on generating more documentation, other than the brochure Mr. Mohaddes mentioned. He reported that, before the end of the year, they hope to identify the first phase of improvements so they could seek competitive funding through the OCTA process. Further, there is some money in this year's budget, but they may be able to leverage this with grants. Mr. Mohaddes added that they put together a draft recommended activity for City staff that articulates the specifics of the improvements and the cost range for the improvements. Mayor Pro Tern Adams asked if there was a way to quantify some of the improvements. Mr. Mohaddes reported that generating something with travel time benefits, overall stop and delay reductions, etc. was not part of their scope of work. However, he stated that they could make an estimation without doing a detailed study. Mayor Pro Tern Adams believed that there may be value in doing a report so Council could get a feel for what has been achieved. Mr. Mohaddes stated that they could use the model to come up with estimates to show the percentage of improvement. Mr. Edmonston reported that the consultants brought in their staff who were familiar with the City's equipment, as well as the software needed to move forward. He stated that City staff received six hours of training over a two day period, both in the classroom and out in the field. He noted that the City also went to Caltrans before they started this project to inform them about what it was doing in the hopes that they were interested in the information that was developed. He stated that they were very interested and devoted a lot of their staffs time to helping the City implement this. Volume 56 - Page 1158 City of Newport Beach Study Session Minutes August 24, 2004 Council A'lember Nichols stated that they are beginning to see more traffic for longer periods through old Corona del Mar. He asked what the model shows in this case. Mr. Mohaddes reported that the model responds to the demand and shows cycle failures. Mr. Mohaddes agreed that their recommendation would be to change the software, hardware, and the City's 20 year old system. However, he recommended doing this in phases because the current system still has value. He believed that the cost to change the controllers, except for the communication component, would be $300,000 to $500,000, and that another $200,000 to $300,000 would be needed for equipment at City Hall. He added that there would be an additional cost of $1 million to $1.2 million associated with the Traffic Operation Center (TOC), but noted that this includes the Caltrans signals. Council Member Rosansky asked what happens if these devices are installed and Caltrans does not want them. Mr. Mohaddes stated that he does not believe this would degrade the value of the investment, but just means that better coordination will need to take place. He stated that they have worked with agencies that have installed a similar system as the City's but after the City installed their system, and they have already transitioned to another system. He also indicated that, of the very few agencies with the same system in operation, they have all done some upgrading. He stated that the life of the controller is about 10 to 15 years. Mr. Edmonston reported that their budget is about S140,000 a year and about half of that is used on Caltrans signals for maintenance and electrical bills. He clarified that electrical bills for City signals are paid out of the utilities budget. He emphasized that there is only one staff member that understands how the current system and software is supposed to work. 3. CITY COUNCIL ETHICS POLICY. Acting City Attorney Clauson noted that Council Member Heffernan requested this item. Council Member Heffernan stated that this was discussed in June and Mr. Burnham worked on this before he retired. He stated that he is proposing that Council conduct a study session once a year that deals with the current conflict of interest, ethics rules, and obligations under the Political Reform Act. He noted that this would also apply to boards and commissions. He reported that the City Attorney is supposed to investigate potential conflict of interests, but noted that the City Attorney is an at -will employee. He indicated that this could be dealt with by having the member who reports the conflict of interest recuse himself from participating. He reported that the City of Mountain View has a code of ethics that each council member signs at reorganization. He noted that the City of Los Angeles has an ethics commission and a detailed ethics ordinance. He suggested having each Council Member and any appointed member on a board or commission sign an ethics code stating that this is how business will be conducted while they are an elected or appointed official in the City of Newport Beach. Acting City Attorney Clauson noted that a preamble /summary statement of the 15 page Mountain View policy was attached to the staff report. She added that Mountain View's policy reflects State law, but they have also adopted an ethics policy which reflects what they believe is the basic tenant of public service. She indicated that Council can create a policy that only deals with procedures in the State's conflict of interest laws or expand it to include a code of ethics. Volume 56 - Page 1159 INDEX (100 -2004) City of Newport Beach Study Session Minutes August 24, 2004 INDEX Council Member Bromberg stated that they try very hard to abide by the code that government should be transparent. He indicated that he supports having a study session once a year to go over rules and issues. Further, he would support Council Member Heffernan's suggestion to have a policy to analyze agenda items for conflicts of interest. Regarding Mountain View's policy, he pointed out that most of the items are already existing law or are part of the City's charter or policy. He believed that the City does not need more than it already has now. However, if there were to be a policy, he indicated that he liked Mountain View's policy regarding briefing council candidates about what conflict of interests are, confidential information, representation of private interests, implementation, and compliance and enforcement. Mayor Ridgeway stated that he does not have a problem with reviewing the Political Reform Act, the Fair Political Practices Commission (FPPC) rules, and the Brown Act on an annual basis because it is complicated and changes, but anything beyond that is redundant. He indicated that he reviewed Mountain View's policy and even questioned the items Council Member Bromberg liked. He stated that Laguna Beach City Attorney, Phil Kohn, does a good job educating Council on these issues. He stated that this might be good for new Council Members or appointed members on boards and commissions, but noted that the City has a hard enough time getting people to contribute time and effort. He agreed that this Council is very transparent and added that he has not seen any issues while on the Planning Commission or on Council. Mayor Ridgeway added that the League of California Cities puts on educational classes for newly elected and appointed officials. Council Member Bromberg agreed that there needs to be some tape of review process in case an investigation has to be conducted since the City Attorney indicated that it should not be done by the City Attorney. He suggested having a policy or leaving it up to the City Attorney's discretion to decide if an investigation is necessary or appropriate, but not have the investigation done in- house. Council Member Nichols stated that he is finding it difficult to come up to speed on some of the topics in the City. He noted that, if you are on the majority, you get appointed to committees that discuss topics ahead of time and sometimes multiple times. He pointed out that Council Members aren't supposed to attend hearings because there would be a majority in attendance. He added that the item then goes to Council and you're supposed to make an informed decision because it's been to multiple hearings. Mayor Pro Tem Adams clarified that the Brown Act does not preclude a Council Member from attending meetings; however, the Council Member cannot interact or participate. Council Member Nichols asked how someone determines which Council Member is on the committee or is just there to listen. Acting City Attorney Clauson stated that Council Member Nichols' questions are examples of why generating a policy that accurately reflects what can and cannot be done may be beneficial. However, she agreed that this is already the City's practice in most cases. She stated that, for new board or commission members, staff or the City Attorney's office meets with them ahead of time and encourages them to let the City Attorney's office know in advance if they think they have a conflict of interest. She indicated that it might be helpful to merge all the policies together in one conflict of interest policy that is more reflective of existing law, and have an annual update on any changes in law or significant decisions. Mayor Ridgeway believed that Council Member Nichols' issue dealt with the Volume 56 - Page 1160 City of Newport Beach Study Session Minutes August 24, 2004 INDEX dissemination of information and not ethics. He emphasized that a Council Member can get more information from the staff person assigned to the committee or they can wait until it comes before Council. Council Member Webb noted that everyone is agreeing that it might be good to have a review once a year. He indicated that the details of the Brown Act and Political Reform Act are complex and there should be an instruction manual at the time of the annual review that doesn't try to explain every item. He added that it can also be handed out to board and commission members. Council Member Rosansky agreed that an annual update is a good idea; however, added that he would like to be made aware of major changes or cases as they arise. Council Member Heffernan asked what happens if a Council Member is thinking of buying a commercial property and quizzes staff about the property relative to potential approvals or background. Acting City Attorney Clauson believed that this type of direct question isn't handled in any of the current conflict of interest laws or guidelines, except to the extent that there is the prohibition of making or participating in a decision in which you have a financial interest. She added that she does not believe that State regulations deal with potential financial interests or being in a position to gain information in advance. She noted that there are prohibitions in the City's charter about Council Members directing staff or dealing with staff for purposes of inquiry. She added that all other questions need to go through the City Manager. City Manager Bludau added that staff meets with members of the public if they have inquiries about what they can do with a specific piece of property and this same information would be provided regardless if the person was a Council Member or not. Council Member Nichols asked whether it is a violation of the Brown Act when a Council Member sends an email to the City Manager with copies to other Council Members. Acting City Attorney Clauson pointed out that this agenda item deals with conflicts of interest. She stated that Council Member Nichols is raising questions about the Brown Act and whether getting into a series of communications with Council Members for the purpose of developing a collective concurrence on an item is a violation. She indicated that, in most cases, a single correspondence requesting information for purposes of a future meeting will not qualify as a violation of the Brown Act. City Manager Bludau added that a lot of communication takes place between Council and the City Manager or City Attorney. However, it would be a violation of the City charter if he was given direction to do something by a Council Member outside of a meeting. He clarified that communication with each other is not a violation of the Brown Act. Mayor Pro Tem Adams stated that, whenever a constituent calls him, he puts the issue in an email to the City Manager to be addressed and he copies the City Council as a courtesy so they know he sent something to the City Manager. He added that, if an item in an email is deemed worthy of discussion, it should be brought up at the next Council meeting. Laura Dietz, Corona del Mar, stated that the basic principal of the ethics policy is full disclosure. She suggested using scenarios relative to the various codes and laws so it is more understandable. She added that it is a good idea to review this once a year and to have staff keep Council up -to -date. City Manager Bludau clarified that the action is to have an annual study session that the boards and commissions would also be invited to. Further, Acting City Volume 56 - Page 1161 City of Newport Beach Study Session Minutes August 24, 2004 INDEX Attorney Clauson will look at compiling State law and other regulations that might already be on the books. Acting City Attorney Clauson believed that Council desires some sort of policy that would reflect the current policies and practices. She noted that the policy would not necessarily reflect all the State laws, but the procedures or processes for complying with them. Mayor Ridgeway indicated that he does not believe that there was direction to create a policy. Acting City Attorney Clauson received clarification to have an annual review with a staff report that summarizes everything that was discussed because it is a good reminder and to include a list of the different filing documentation that need to be submitted. Council Member Bromberg added that something needs to address how investigations will be handled. Mayor Pro Tem Adams believed that investigations are deserving of a Council policy. It was the consensus of Council that the policy should encompass Council, boards and commissions, and staff. Acting City Attorney Clauson stated that, as part of the annual review, a listing of the enforcing agencies for the different violations can be included. Dolores Otting, Newport Beach, believed that something should come back and be reviewed in order to make sure it is what Council wanted. PUBLIC COMMENTS — None. ADJOURNMENT — at 5:55 p.m. to Closed Session. The agenda for the Study Session was posted on August 18, 2004, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The amended agenda for the Study Session was posted on August 20, 2004, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 1!c' VV' J : 1r!rvll J� Recording Secretary Mayor % City Clerk �r 'FOR wNr Volume 56 - Page 1162 City of Newport Beach Study Session Minutes August 24, 2004 INDEX THIS PAGE LEFT BLANK INTENTIONALLY. Volume 56 - Page 1163