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HomeMy WebLinkAbout01 - Minutes 091899 092799 100499October 25, 1999 Agenda Item It 1 Q CITY OF NEWPORT BEACH City Council Minutes ®���� Special Meeting September 18, 1999 - 8:00 a.m. INDEX Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None Welcome and Introductory Remarks (Overview and Purpose of Session) Mayor O'Neil welcomed the Council and staff and briefly described the purpose of the meeting. Observations and Impressions (Community, City Charter, City Council, Staff Overall Organization, Vision) City Manager Bludau provided his observations and impressions of the community, City Charter, City Council, staff, overall organization and his visions. He also provided information to the Council on the list of organizational issues identified by the management team. Mayor O'Neil identified security as a major organizational issue. Council Member Glover identified the following areas that she would like to O see staff pursue: 1) enforcement of current laws in Mariner's Mile; and 2) new measures to be used for traffic mitigation, land planning, etc. She also voiced concern about the residents being opposed to everything with no thought about where new revenues will come from. Areas for Improvement (Human Resources, Property Management, Tidelands Administration /Back Bay Permitting & Enforcement, Public Inforrnation/ Communication, Part -time and Temporary Employees) Mr. Bludau reported that the management team identified Human Resources as a weak area in the organization. He announced his plans to separate the Human Resources/Risk Management function from the Administrative Services Department and make them their own department. The new department will report directly to Assistant City Manager Sharon Wood and Sharon will relocate to the vacant office next to the City Manager's office. Jay Elbettar, Building Director, will report directly to the City Manager. He also reported that a consultant will be hired to audit the human resources function. Mr. Bludau also announced his plans to consolidate the property management function in the City Manager's office. He reported that Assistant to the City Manager Dave Kiff will be responsible for that area and will be promoted to Deputy City Manager. He stated that in the future he may fill the Assistant to the City Manager position. Mr. Bludau reported on the need for a regular communication vehicle with the Q residents and the need for the City to dedicate the time and resources for that function. He also voiced concerns about part -time and temporary employees and noted that because of constant turnover in these positions, it creates a weakness in the organization. At this time he said he does not have any recommendations, Volume 53 -Page 1 No reports City of Newport Beach City Council Minutes September 18, 1999 INDEX however stated that this area does need to be addressed. Mr. Bludau also addressed concerns with the environmental impact review process and the way it is managed. Recess and Reconvene - The Council took a brief recess at 9:50 a.m. and reconvened at 10:05 a.m. with all members present. How Council Does Business The following determinations were reached by Council regarding each of the particular discussion items: Placing Items on the Agenda a. Only a Council Member or the City Manager has the authority to place items on agendas. b. Future agendas will have a "Council Announcements' section. c. Weekly City Manager reports will include future agenda items assigned to meeting dates. Staff Report Backup Inforination/Supplemental a. Staff needs to coordinate agenda and staff report titles. b. Council likes supplemental information in red envelopes. c. Council does not want new items on the agenda as Friday supplemental information. d. Council prefers full range of background information with staff reports. e. EIWs should contain executive summaries. Meeting Dates and Tirnes a. Council is agreeable to moving Council meetings to Tuesday if Council Member Adams does not have conflicts. b. With meetings on Tuesdays, mail would be distributed on Thursdays. Study Sessions — How are They Working: Difference Between Studv Sessions and Agenda Items? Enough Time to Review Packets a. Council will not vote on any Study Session item. b. Study Sessions are for detailed overviews on issues. c. Study Session items will not appear on a regular agenda earlier than two weeks after the Study Session. How are Complaints Responded to? a. Staff should respond to all written requests and copy Council Members or e -mail Council Members about responses (along with copy of original letter). Staff Report Recommendations a. Staff should make a recommendation and when appropriate can add section called "alternate considerations'. b. Order for public hearing process: 1) staff reports, 2) Council questions of staff and 3) open the hearing. Volume 53 - Page 2 0 0 0 0 City of Newport Beach City Council Minutes September 18, 1999 Communication (Between Council and City Manager, Between Council and Staff, Among Council Members, Between City and Community) The Council discussed communication issues and noted that Council can contact staff, however cannot provide direction to them. Status of Primary Goals (El Toro Airport, Next Meeting Issues, Major Projects, EIR's, General Plait Amendments) Staff provided Council with a brief update on these various issues. Public Comments — None ADJOURNMENT - 1:15 p.m. The agenda for the Special Meeting was posted on September 14, 1999, at 3:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 63 - Page 3 1101) o1:1 CITY OF NEWPORT BEACH � City Council Minutes ®���� Study Session September 27, 1999 - 4:00 p.m. INDEX ROLL CALL Present: Adams, Glover, Ridgeway, Debay, Mayor O'Neil Absent: Noyes and Thomson (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. No items were discussed. 2. REVIEW OF CITY'S METHODOLOGY IN DETERMINING Hazardous Trees in HAZARDOUS TREES IN THE CITY'S URBAN FOREST. City's Urban Forest (44) City Manager Bludau reported that this item derived from public comments made about three months ago that questioned the City's use of the Resistograph. General Services Director Niederhaus reported that Council Policy G -1 has been taken to the pro -tree group and the group interested in removing trees for input, and that their comments will be incorporated into one policy that will be taken to the Parks, Beaches & Recreation Commission and then to Council probably in November. Mr. Niederhaus stated that the four experts present tonight have over 100 years of experience between them and are available to explain the methodology in evaluating hazardous trees. He reported that Park & Tree Superintendent Marci Lomelh has 28 years experience; Urban Forester John Conway manages about 30,000 trees and has 27+ years experience; Certified Arborist Michael Mahoney is used by the City occasionally as a consultant and conducted the original report on the Fourth Avenue trees; and Scott Baker, who is the Resistograph representative, will discuss the Resistograph's use and calibration. Urban Forester Conway indicated that, even though the responsibility of any municipal arborist is the preservation of trees whenever possible, the primary responsibility is to minimize injury to people and prevent property damage caused by hazardous trees. More specifically, to identify potentially hazardous trees and resolve situations before they occur. He reported that staff routinely receives 30 to 40 tree removal requests per month due to view obstruction/alleged property damage, litter debris nuisance, and other miscellaneous hazards. He indicated that each request is evaluated by staff for the primary concern of assessing potential hazards and emphasized that the City does not remove trees just because a tree obstructs a view or because of alleged property damage. Volume 53 - Page 4 City of Newport Beach Study Session Minutes September 27, 1999 QMr. Conway utilized a PowerPoint presentation to show dead trees and the concern of them falling; causing a hazardous situation; and causing equipment damage. He defined a "hazardous situation" as being one that has the presence of both a defective tree and a potential target. He indicated that the National Arbor Day Foundation states that a hazardous tree has a structural defect that may cause the tree, or a portion of the tree, to fall on someone or something else. Mr. Conway reported that a tree hazard assessment involves three components: 1) a tree with the potential to fail, 2) an environment that may contribute to tree failure, and 3) a person or target that would be injured or damaged. In response to Council Member Debay's question, Mr. Conway believed that the Coral trees that the City removed were not the trees that were dedicated to the two boys who suffocated on the beach when the sand collapsed. She noted that the plaques would need to be taken care of if those trees were involved. Mr. Conway noted that the tree policy does not address the problem of tree reviews during the building /construction process. He showed a rebuilt property in which the wrong variety of tree was planted and where a utility sewer lateral was directly underneath a tree. Regarding the sewer lateral, he indicated that the tree was preserved and the property owner was required to move the sewer connection. He also discussed several types of root barriers that could be utilized to protect the sewer lateral from growing roots. Regarding the Palm tree on Pacific View Drive, Mr. Conway showed where the tree was diseased with Pink Bud Rot and reported that the tree was removed because of the concern with it collapsing. Regarding the Palm tree on Marguerite, he showed trees that have been infected with Fusarium Wilt (a fungal disease) and indicated that these trees will soon be removed since there is no current treatment for this disease. He reported that trees on Holiday Road had thousands of the Eucalyptus Lerp insects, also called Redgum Lerp, affecting the Redgum trees. Mr. Conway stated that the residents demanded that the trees be removed because of the insects, rapid falling leaves, and sticky substance. However, after the City released lady bugs into the upper foliage to feed on the lerps, the residents no longer wanted the trees removed since this helped alleviate the problem. Regarding the Bluegum Eucalyptus tree on Fourth Avenue, Mr. Conway compared it to a Bluegum in its natural setting. He reported that these trees reach a height of 150 to 200 feet, have heavy masses of foliage, are aromatic, and have great wind break; however, the trees are too messy for city streets and requires deep soil and lots of room. He stated that he is not suggesting that this tree is a bad tree, noting that, if any of the Bluegum trees die, they would not be considered a hazardous tree. Additionally, that dead trees in a natural setting provide habitat for wildlife. Mr. Conway added that the Bluegum is also not the most conducive tree for urban settings because it requires a lot of room for growth; curb and gutter repairs have severely severed the roots over the years; and many of the trees have been side- swiped by traffic. He noted that some trees were drastically trimmed so that the Santa Ana winds would not cause the trees to fall over; however, the trees primarily fell due to root decay. Mr. Conway noted that, over the Volume 53 - Page 5 INDEX City of Newport Beach Study Session Minutes September 27, 1999 � a► years, the trees have also been topped, which is not a correct arboricultural practice because it causes decay and decline in the tree. He stated that there are indications that topping has occurred and that they are now thinning out the trees to reduce the wind through. He added. that the Bluegum is rated by the International Society of Arboriculture (ISA) with a factor of 5 (considered the lowest rating for a street tree). Mr. Conway also indicated that he spoke to longtime residents who believe that the trees were in the City during World War II. Mr. Conway reported that two trees fell during the 1998 storm. He showed that one of the trees looked very healthy; however, since the wind was blowing at about 48 miles per hour, the tree toppled over and landed on a structure and car. He also showed the second tree, which was about 60 feet tall, and how it just missed the nearby structure. He reiterated the amount of gutter space that is needed and expressed concern with whether the trees will be retained; whether the City will build curbs and gutters around the trees; or whether the roots would be severed. He explained that severing the roots would place the tree in a similar situation as the previous trees. In response to Council Member Glover's question, Mr. Conway explained that he is showing these trees because he wanted to demonstrate the reality of what could happen, but assured that they have trimmed and thinned the trees to prevent this from reoccurring. Regarding the third tree failure during the windstorm, he indicated that the Fire Department called them and that the incident required them to evacuate three homes. He reported that the tree swayed back and forth in the 80 mile per hour winds, the ground lifted, and the tree showed indications of severed roots. He indicated that the tree was subsequently removed. Mr. Conway also demonstrated the City's limited growth space. Knowing that the curb and gutter replacement must occur, he indicated that the curb and gutter may need to be retrofitted around the trees since high moisture areas are conducive to root decay. He reported that, during the 1998 windstorm, the City hired a consulting arborist, Michael Mahoney, who recommended that ten trees be removed immediately. In 1999, he reevaluated the trees and recommended that 14 trees be considered for removal; however, only six trees were removed due to evidence of root decay. Regarding the trees on Marine Avenue, Mr. Conway indicated that the tree that was removed was probably hit by a delivery vehicle, and was decayed and angled toward the businesses. Michael Mahoney, 3300 Marcus Avenue, stated that he is a Registered Consultant Arborist and also has his business in the City. He believed it would be constructive to have the Resistograph demonstrated by Mr. Baker first so that everyone has a better understanding before he shares his experiences on other projects in which he used this instrument. Scott Baker, Resistograph representative, Registered Consultant Arborist, stated that the Resistograph drill is manufactured by a company in West Germany. He demonstrated how the Resistograph works and its functions in determining hazardous trees. He explained where they drill within the tree to help make the determination, but noted that the drilling locations vary from case to case. Mr. Baker stated that the Resistograph can basically Volume 58 - Page 6 E 11 0 City of Newport Beach Study Session Minutes September 27, 1999 find out if a tree had been damaged at any time in its life, but more specifically explained that the Resistograph tells how much tree is left. Mr. Mahoney discussed the various methods that have been used over the years to determine hazardous trees. He stated that most of his clients are cities and that he only does consulting work now. He showed Carob trees from other cities and explained the possible hazards that were determined. In response to Council Member Glover's questions, Mr. Baker reported that the Resistograph has been in use in Europe for about seven years. Mr. Mahoney assured that, by using the Resistograph to test a tree, the intrusion will not cause the tree to fail a future test, explaining that the internal portion of the tree is not the living, growing, dynamic portion. In fact, the tree is virtually dead the further one goes into it. He stated that there is some concern with the penetrating needle having fungal decay or distributing disease from one tree to the other; however, studies have shown that transferring fungus requires a symbiosis and other organisms to exist in the same environment. Regarding Fourth Avenue, Mr. Mahoney stated that there are 22 trees in satisfactory condition; six trees have conditions but do not constitute a concern; and three trees constitute some level of concern. He recommended that the three trees be removed. Council Member Debay asked what procedure is followed once Mr. Mahoney recommends tree removal. Mr. Niederhaus reported that the tree's history is first reviewed, i.e. the tree's target height, fall direction, and which direction the Santa Ana winds blow. Further, a tree report is conducted, per Council Policy G -1; and then Mr. Conway presents a recommendation which is reviewed by Mr. Lomelli and then by himself for final determination. If a tree needs to be removed, he indicated that notices are sent out for a one block radius if time permits. Regarding Fourth Avenue, he reported that their Block Captain notified residents by going door -to -door. Jan Vandersloot, 2221 East 16th Street, reminded Council that General Services presented a report in June which requested removal of these trees on an emergency basis and that the primary reason for their removal was that the Resistograph showed large voids in the trees. He indicated that they did not find any large voids when the trees were cut and that the trees on Fourth Avenue looked like the tree that was used to demonstrate the Resistograph. Mr. Vandersloot added that two healthy trees were also taken out after it was indicated that no more trees would be removed. Further, after analyzing the Resistograph's readings, it turned out that staff did not make correct data interpretations and that they determined that there was an "x" percent of decay that really did not exist. Mr. Vandersloot stated that Mr. Baker is now making sure that staff knows how to read the data and how to use the machine. Regarding whether the Resistograph spreads disease, he expressed the opinion that, if they do not sterilize the instruments, they will be spreading any symbiotic bacteria, fungus, mold, or virus from tree to tree. He urged Council to require them to sterilize the instruments or use new ones each time a tree is tested. Volume 53 - Page 7 INDEX City of Newport Beach Study Session Minutes September 27, 1999 INDEX Regarding the Fourth Avenue trees, Dr. Vandersloot stated that the hazardous trees that the City removed this year were deemed stable last year by Mr. Mahoney. He requested that another arborist look at these trees and that Council analyze whether or not there is any conflict of interest with Mr. Mahoney and West Coast Arborist. Noting that Mr. Niederhaus makes the final decision regarding tree removals, Virgins Herberts, 2290 Channel Road, stated that Mr. Niederhaus has never had any formal tree training in aboriculture. She expressed the opinion that Mr. Niederhaus should not be the one to make the final decision and that he cannot be fair. She noted that the sidewalks and curbs go around the trees on 19th Street in Costa Mesa. Ms. Herberts stated that there are large, older, beautiful trees in the City that are worth saving and that the trees should not be treated as hazardous trees without a great deal of concern. She believed that trees should be treated as special as the Poppy Avenue trees. Alden Kelly, consulting arborist/hazard tree analyst, stated that he looked at the trees on Fourth Avenue on two or three different occasions at the request of Dr. Vandersloot. He noted that, in general, each part of the tree consists of a continuum of soundness to unsoundness, and that a specialist's opinion that a tree is dangerously unsound in ways that cannot be fixed calls for a recommendation for removal. However, the aspect of human safety and preventing trees or tree parts from falling is only one part of human safety. He added that the other aspect is environmental health, noting that healthy, stable trees contribute to this. Regarding Fourth Avenue, Mr. Kelly stated that the logical approach is to save any and every tree as long as keeping it does not place humans and property in clear jeopardy, noting that even a healthy tree can go down in high winds following a rainstorm. Mr. Kelly highly recommended that any hazardous tree that is to be removed be examined, followed by a report that specifies every aspect of discernible hazard. Additionally, a root crown excavation is needed (digging the soil out from the base of the tree and looking at the base of the roots) if there is serious root problem or decay. Mr. Kelly indicated that, if the roots are sound (even if injured in the past) and there is regrowth with no decay, it is reasonable to assume that the tree is acceptably safe. However, if the tree has serious decay, it does not matter what the rest of the tree looks like or what the Resistograph does or does not say, there is a hazard and it cannot be fixed. Mr. Kelly encouraged Council to insist on evidence from a specialist who recommends removal of trees because there are conditions, qualities, and symptoms that exist that cannot be corrected. Mayor O'Neil believed that the City needs to be a little more cautious and have a better understanding of the shape of the tree before it is removed. However, he noted that the City is liable if a tree falls and injures someone. He noted that even the healthiest tree in the right rain or windstorm can fall over. He stated that a degree of reasonableness needs to be exercised and as much knowledge needs to be used. He expressed the opinion that this is what Council is doing and believed that the City has a good system in place. Volume 53 - Page 8 0 City of Newport Beach Study Session Minutes September 27, 1999 Regarding the alleged conflict, Mr. Mahoney reiterated that he is a Newport Beach homeowner and has his business in the City. He stated that he has been working as a consultant for seven years; once had a business that did the inventory and management plan for the City of Newport Beach; and prior to that, worked with his brother at West Coast Arborist. He indicated that the City is well-aware of his relationship and aware of his independence and nature of his business. Mr. Mahoney asked Council to be open - minded about his association and relationship because he is a citizen and is proud of what he does. He emphasized that he saves more trees compared to the unfortunate responsibility to report on their demise. Mr. Baker stated that his business motto is, "Valuable Knowledge of Trees." He emphasized that the use of the tree tools will keep the City's trees upright rather than condemn them. He encouraged everyone to learn more about trees. He expressed the opinion that Dr. Vanderaloot would make a wonderful tree steward for the City, but believed that he needs more tree anatomy knowledge. He assured that many of the things that were discussed tonight have been researched and knowledgeably rebutted. PUBLIC COMMENTS — None ADJOURNMENT — 6:15 p.m. + + + + + + + + + + + + + + + + + + + + + + +++ + + + + ++ OThe agenda for the Study Session was posted on September 22, 1999, at 3:00 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 9 `i�1701:� CITY OF NEWPORT BEACH 0 City Council Minutes DRAFT Regular Meeting September 27, 1999 - 7:00 p.m. INDEX CLOSED SESSION - 6:20 p.m. CLOSED SESSION REPORT PRESENTED - None. RECESSED AND RECONVENED AT 7:15 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: Noyes (excused) Pledge of Allegiance - Mayor O'Neil. Invocation by Reverend Cathleen Coots of the Newport Center United Methodist Church. Presentation of $90,000 check from the Friends of the Newport Theatre Arts Center. Ms. Rae Cohen presented the check to the City on behalf of the Friends of the Newport Theatre Arts Center. She stated that the Friends of the Newport Theatre Arts Center have worked with the City for twenty years on a live theatre program. She stated that the check is for the City's help in expanding and improving the facility. Presentation of Certificates of Appreciation to outgoing Board/Commission Members — Paula Godfrey, 8 years, Civil Service Board; Phil Glasgow, 8 years, Parks, Beaches & Recreation Commission; and Bill Valentine, 2 years, City Arts Commission. Mayor O'Neil expressed the City's appreciation and presented the plaques to Ms. Godfrey, Mr. Glasgow and Mr. Valentine. Each spoke briefly about their service and acknowledged the recognition. 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 Ridgeway requested that the Balboa Parking Lot issue be agendized for the City Council meeting of October 25, 1999. Mayor O'Neil announced that the Corona del Mar Business Improvement District, the Corona del Mar Residents Association and the Economic Development Committee have reviewed and requested that the City look at the possibility of acquiring ownership of Coast Highway from Seaward to MacArthur Boulevard. He requested that the Public Works Director and the City Attorney review the procedures for acquiring ownership, including a report on the financial and legal aspects, as well as possible liability exposure. He asked that Volume 53 - Page 10 Presentation (33) 11 City of Newport Beach City Council Minutes September 27, 1999 Othe report look at both acquisition of the entire right -of -way and just a curb -to- curb acquisition. Mayor O'Neil suggested that this item should be brought back to the City Council in January 2000. • Council Member Glover clarified information in a local newspaper recently about the Mission Viejo Mall and its effect on Newport Beach and South Coast Plaza. She stated that after contacting Revenue Manager Glen Everroad, she learned that the City receives $17 million per year in sales tax with $3.5 million of this coming from Fashion Island and $1.6 million from Mariners' Mile. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 13, 1999. Waive reading of subject minutes, approve as written and order filed. 2. 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. ORDINANCE FOR INTRODUCTION 3. Item removed from the Consent Calendar by Council Member O Adams. ORDINANCE FOR ADOPTION 4. ORDINANCE ADDING SECTION 12.66.090 TO THE NBMC TO PROVIDE FOR AN APPLICATION OF VEHICLE CODE TO PRIVATE STREETS IN THE HARBOR COVE DEVELOPMENT (TRACT NO'S. 15011, 15222 & 15243). Adopt Ordinance No. 99 -24. RESOLUTIONS FOR ADOPTION 5. CURB STREET NUMBER PAINTING. Adopt Resolution No. 99 -65 establishing guidelines for painting of street addresses on curb faces. 6. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY JOINT POWERS AGREEMENT AMENDMENT NO. 4. Adopt Resolution No. 99 -66 authorizing the Mayor and the City Clerk to execute Amendment No. 4 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency which adds the City of Laguna Woods as a party to the agreement. 7. TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM GRANT APPLICATIONS. Adopt Resolution No. 99 -67 approving the submittal of applications to the Orange County Transportation Authority (OCTA) for the following projects: 1) MacArthur Boulevard Landscape Berm O (Freeway Reservation Site) and 2) Jamboree Road/East Coast Highway Entry Landscaping (Bayview Landing Site). Volume 53 - Page 11 Ord 99- 24/Tracts 15011, 15222 & 152431 Harbor Cove Tract (Tract Maps) Res 99 -65 /Curb Street # Painting (27) C -2548 Res 99 -66 San Joaquin Hills Transportation Corridor Agency Joint Powers Agreement (38) Res 99 -67 Transportation Enhancement Activity Program Grant Application (74) City of Newport Beach City Council Minutes September 27, 1999 8. ORANGE COUNTY TRANSPORTATION AUTHORITY REGIONAL. SURFACE TRANSPORTATION PROGRAM. Adopt Resolution No. 99 -68 approving the submittal of applications to the Orange County Transportation Authority for Regional Surface Transportation Program funding. 9. Item removed from the Consent Calendar by Council Member Ridgeway. CONTRACTS AND AGREEMENTS 10. ARCHES INTERCHANGE STORM DRAINAGE IMPROVEMENTS — AMENDMENT TO COOPERATIVE AGREEMENT WITH CALTRANS (C- 2886). 1) Approve Amendment to Cooperative Agreement No. 12- 335 -A1 with Caltrans increasing reimbursement to City by $26,447; 2) authorize the Mayor and City Clerk to execute the Amendment on behalf of the City; and 3) approve a Budget Amendment (BA -015) increasing revenue to the Contributions Fund by $26,447 and appropriating the same amount to Account No. 7251- C5100199. 11. 1999 -2000 SLURRY SEAL PROJECT — AWARD OF CONTRACT (C- 3299). 1) Approve the plans and specifications; 2) award C -3299 to Pavement Coatings Company for the total bid price of $323,425 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $32,000 to cover the cost of unforeseen work; 4) authorize a budget amendment (BA -014) to transfer $30,000 from Account No. 7013- 05100019 (Street and Parking Lot Striping) to Account No. 7013- C5100462 (General Fund — Slurry Seal); and 5) authorize a budget amendment (BA -014) to transfer $75,425 from Account No. 7181- C5100302 (Gas Tax — Street Improvements) to Account No. 7181- C5100462 (Gas Tax — Slurry Seal). 12. SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE (C -3212) — COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with the California Civil Code; and 4) approve Amendment No. 3 to the Professional Services Agreement with Dokken Engineering, and authorize the Mayor and the City Clerk to execute the agreement. 13. 1999 BALBOA PIER REPAIRS — AWARD OF CONTRACT (C- 3236). 1) Approve the plans and specifications; 2) award C -3236 to John S. Meek Company, Inc. for the total bid price of $268,630 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $26,000 to cover the cost of unforeseen work; 4) approve a budget amendment (BA -008) to transfer $20,000 from the Beach Replenishment Program (7231 - 05100282) to the Balboa Pier Repairs Account (7231- C5100153); and 5) approve a budget amendment (BA -008) appropriating $106,130 from the General Fund to the Balboa Pier Repairs Program. 14. PROFESSIONAL SERVICES AGREEMENT FOR NEWPORT Volume 58 - Page 12 INDEX Res 99 -68 OC Transportation Authority Regional Surface Transportation Program (74) C -2886 BA -015 Arches Interchange Storm Drainage Improvements (38/40) C -3299 BA -014 1999 -2000 Slurry Seal Project (38/40) C -3212 C -2804 Seismic Retrofit- of Balboa Island Bridge (38) C -3236 BA -008 1999 Balboa Pier Repairs (38/40) C -3306 0 City of Newport Beach City Council Minutes September 27, 1999 INDEX QCENTER ENVIRONMENTAL IMPACT REPORT. Approve agreement Newport Center with Michael Brandman Associates for preparation of an environmental Environmental impact report. Impact Report (38) 15. COST SHARING AGREEMENT WITH NEWPORT CENTER C -3307 PROPERTY OWNERS. Approve in concept an agreement (as amended in Cost Sharing with the Supplemental Staff Report) providing for sharing of planning and EIR Newport Center costs among property owners who have initiated General Plan amendment Property Owners requests; and authorize City Manager to execute. (38) 16. AMENDMENT TO INSURANCE REQUIREMENTS OF BALBOA C -3248 THEATER LEASE (C- 3248). Approve amendment reducing Balboa Theater comprehensive general liability insurance to $2,000,000. Lease (38) 17. MULTI -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH C- 2056/Police Employees POLICE EMPLOYEES ASSOCIATION (PEA). Approve MOU. Association MOU (38) 18. GREEN ACRES PROJECT, RECLAIMED WATER BIG C -3186 CANYONINEWPORT BEACH COUNTRY CLUB PUMP STATIONS Green Acres Project, (C -3186) — COMPLETION AND ACCEPTANCE. 1) Accept the work; Reclaimed Water Big. 2) authorize the City Clerk to file a Notice of Completion; and 3) authorize Canyon/Newport Beach the City Clerk to release the bonds 35 days after the Notice of Completion Country Club Pump has been recorded in accordance with applicable portions of the Civil Code. Stations (38) 19. GREEN ACRES PROJECT LOAN AGREEMENT WITH THE BLUFFS C -3308 HOMEOWNERS ASSOCIATION. 1) Approve a $145,000 Loan Agreement O BA -013 with the Bluffs Homeowners Association to be used for irrigation retrofit Green Acres Project improvements related to the Green Acres Project and authorize the City Loan Agreement/ Manager to execute the agreement; and 2) approve a Budget Amendment Bluffs Homeowners (BA -013) appropriating $145,000 from the Water Fund Reserves to fund the Association loan to the Bluffs Homeowners Association. (38140) MISCELLANEOUS ACTIONS 20. PLANNING COMMISSION AGENDA FOR SEPTEMBER 23, 1999 Planning [Meeting Cancelled]. Receive and file. (68) 21. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS EQAC CITIZENS ADVISORY COMMITTEE. Confirm Mayor Pro Tern . (24) Thomson's appointment of Tony Bartolic as a District 7 member to the Environmental Quality Affairs Citizens Advisory Committee (EQAC). 22. PROPOSED REVISIONS TO COUNCIL POLICY A -2, BOARD AND Council Policy A -2/ COMMISSION APPOINTMENTS. Approve the proposed revisions to Board & Commission provide an exception to the provision restricting members from serving on Appointments more than one Board, Commission or Committee. (69) 23. PROPOSAL FOR USE OF ADDITIONAL STATE FUNDS AND BA -016 APPROVAL OF BUDGET AMENDMENT (BA -016) IN THE AMOUNT Adult/Reference OF $39,356. Approve the new position of young Adult/Reference Librarian, Librarian to be funded by an unanticipated grant to the library from the Public Library (40150) Foundation Program of the State of California in the amount of $39,356. Volume 53 - Page 18 City of Newport Beach City Council Minutes September 27, 1999 24. SCHOOL RESOURCE OFFICER PROGRAM. 1) Approve the attached Memorandum of Understanding (MOLT) between the City of Newport Beach and the Newport Mesa Unified School District relative to the implementation and operation of a School Resource Officer Program, as amended to change the requirement for payment of supplemental services in Funding, District Payments (5e) from fifteen days to thirty days; 2) authorize the Administrative Services Director to prepare the necessary budget amendment to reflect the additional revenue from the School District and the allocation of required funds to the Police Department budget to operate the program, depending on the actual date of implementation; and 3) authorize the purchase of one (1) fully equipped patrol vehicle and the acquisition of a second electric vehicle to facilitate the program implementation. 25. REQUEST FOR PROPOSALS (RFP) — TIDELANDS APPRAISAL. Direct staff to issue Request for Proposals. 26. BUDGET AMENDMENT (BA -009) TO INCREASE APPROPRIATIONS AND REVENUES BY $62,536.31 AS A RESULT OF A CHECK RECEIVED FROM THE FRIENDS OF THE NEWPORT THEATRE ARTS CENTER IN THE AMOUNT OF $90,000 ($27,463.60 WAS RECOGNIZED AS REVENUE IN THE PRIOR YEAR). Approve BA -009. 27. BUDGET AMENDMENT (BA -010) TO INCREASE APPROPRIATIONS AND REVENUES BY $3,975 RECEIVED FROM A GRANT FROM THE STATE OF CALIFORNIA TO BE USED FOR PROFESSIONAL SERVICES. Approve BA -010. 28. BUDGET AMENDMENT (BA -011) TO INCREASE APPROPRIATIONS AND REVENUES BY $2,000 FROM FUNDS DONATED BY THE OKAZAKI SOUTH ROTARY CLUB TO BE USED FOR LIBRARY MATERIALS. Approve BA -011. 29. BUDGET AMENDMENT (BA -012) TO INCREASE APPROPRIATIONS AND REVENUES FROM A $10,000 LIBRARY SERVICES AND TECHNOLOGY SERVICES (LSTA) GRANT FROM THE CALIFORNIA STATE LIBRARY FOR YOUNG ADULT MATERIALS AT THE CENTRAL LIBRARY. Approve BA -012. Motion by Mayor Pro Tem Thomson to approve the Consent Calendar, except for those items removed (3 and 9), and noting the amendments to Item No's. 15 and 24. The motion carried by the following roll call vote Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes Volume 53 - Page 14 INDEX r� LJ C -3309 School Resource Officer Program/ Newport -Mesa Unified School District (38) C- 3310/Tidelands Appraisal (38) BA -009 Library Donation (40/50) LibLibrary Librar Grant (40/50) BA -011 Library Donation (40/50) BA -012 Library Grant (40/50) City of Newport Beach City Council Minutes September 27, 1999 OITEMS REMOVED FROM THE CONSENT CALENDAR 9. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA DEL MAR PARKING LOTS. (Taken out of order.) Council Member Ridgeway stated that the parking management plan for the peninsula and the Balboa Pier parking lot items will be heard by the City Council before November. He stated that it would be more appropriate to discuss the fees for the Balboa parking lot at the same time. Motion by Council Member Ridgeway to continue the item until the Peninsula Parking Management Plan and the Balboa Pier Parking Lot items are before the City Council (10/25/99). The motion carried by the following roll call vote: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes 3. SANTIAGO DRIVE SPEED LIMIT (contd. from 9113199). Transportation/Development Services Manager Rich Edmonston stated that the item was continued from the previous City Council meeting to provide staff the time to meet with the residents in the area. He stated that the meeting included residents from Santiago Drive, Windward Lane, Francisco Drive and Holiday Road, and that as a result of the input received at the meeting, the recommendations by staff were revised. He stated that the key changes included a specific program showing what the enforcement would look like over the six -month trial period, a provision for before and after studies of speed and volume on the streets, and a component for developing a City -wide neighborhood traffic control plan. He stated that the plan would include various items, or a menu, which could be looked at by the City Council when considering traffic control measures on various streets in the City. For the members of the public in attendance at the meeting, Council Member Debay announced that extra staff reports on the issue were available in the Chambers Lobby. Per Council Member Debay's request, Mr. Edmonston provided information on the process that has taken place to date. He stated that in October of 1997, the Public Works Committee discussed the downgrading of just a portion of Santiago Drive, but had to work with the Orange County Transportation Authority (OCTA) to change some of the rules that did not allow this at the time. He stated that the City was successful in getting two key revisions made to their process, which included approval to change the designation of an arterial street at a logical point rather than just the whole street. Council Member Debay confirmed with Mr. Edmonton that if the Volume 53 - Page 15 110-11 Balboa Pier & CdM Parking Lot Fees (40/85) Ord 99 -25 Santiago Drive Speed Limit . (85) City of Newport Beach City Council Minutes September 27, 1999 INDEX downgrading of Santiago Drive had not been accomplished, nothing could have been done to calm the traffic on the street, except for enforcement. Mr. Edmonston added that the second revision that the City was successful in working on with the OCTA was the approval to allow traffic calming on a collector arterial street, as long as the calming does not reduce the capacity of the street below what the demand is. Thelma Krone, 2237 Donnie Road, stated that she wants the 25 -mph speed limit maintained on Santiago Drive between Irvine Avenue and Tustin Avenue. She stated that it is a short distance between the two streets and that there is no reason to increase the speed. She added that the traffic has increased in the area and that children use the street to get to school. Ms. Krone stated that the use of a police officer in the area to monitor the traffic is an inefficient use of personnel. She stated that, instead, the current speed limit should be maintained and traffic bumps should be installed. Jane Farwell, 2426 Santiago Drive, stated her support for the downgrading of Santiago Drive. She added that she has lived on Santiago Drive for 34 years and has seen more development than people probably imagined could take place in the area. She stated that she and her neighbors are not objecting to the number of cars on the street, they are only objecting to the speed at which they are driven. She stated that the streets are zoned residential, and are also pedestrian and bicycle byways. She stated that there is not enough police manpower to control the traffic continuously. She requested that if the traffic enforcement plan being recommended does not work, that the City promise to implement a satisfactory and permanent solution to reduce speeds on Santiago Drive. Bryan Bond, 2431 Santiago Drive, stated that a meeting was held on September 20, 1999, with the residents but that the plan presented to the City Council by City staff did not include the input of the residents nor any other traffic calming ideas. He said that the Newport Highlands Homeowners Committee, which was formed in 1997, met again on September 26, 1999, to discuss ideas to control traffic on their streets. He referred to a fax sent earlier in the day and requested that the City include other traffic calming options in its plan. Mr. Bond stated that he met with Glen Campbell of the OCTA and Mr. Campbell said that other options could work if done properly. In responding to Council Member Glover's question, Mr. Bond stated that he had not seen the staff report. She asked that he read it and come back to the podium later in the evening to cover some key points. Council Member Debay suggested that he specifically read Page 3 of the report. City Manager Bludau stated that nothing had changed in the staff recommendations from what was presented to the residents at the meeting of September 20, 1999. Chris Schwartz, 2401 Santiago Drive, stated that he has two children and wants the street to be safe. He stated that he attended the September 20, 1999, meeting and feels that the 30 mph speed limit is being forced upon the residents, despite their objections. He feels that once the temporary period of intense enforcement is over, the speeds will go back up. He added that Volume 53 - Page 16 City of Newport Beach City Council Minutes September 27, 1999 staff has said they will consider other options if the studies show that the speeds did not go down during the test period. He stated that the only option that the residents support is speed bumps and that is what they are asking for. He stated that the other options are too expensive. Mr. Schwartz requested that if the 30 -mph speed limit is approved and does not work, the City will automatically guarantee that speed bumps will be installed. Mr. Schwartz then presented a survey conducted with the residents on 16th Street, a 25 -mph street with speed bumps. He stated that the residents overwhelmingly responded that the speed bumps have slowed the traffic and created a safer environment. Council Member Glover asked Mr. Schwartz why he doesn't want a traffic circle. He stated that the street is not wide enough to accommodate a traffic circle and still maintain a safe clearance around it for pedestrians. He added that there are no sidewalks on the street. Council Member Glover stated that many in the City do support traffic circles. Julie Ryan, 1748 Bayport Way, stated that she was representing Holiday Road and the associated cul -de -sacs. She stated that the residents on the four streets involved have worked together as a unit for several years. She stated that they came up with a good, workable plan and presented it to the Public Works Committee some time ago. Ms. Ryan stated that they are willing to go along with the concession made by the residents on Santiago and give the increased enforcement a chance, but that they want a commitment from the City that an alternate plan will be implemented if it is proven that the increased enforcement did not work. Council Member Glover stated that if the City Council changes the speed or impediments on a street and it disturbs the other streets, the change cannot be made. She stated that she is convinced that Santiago Drive has a problem, but that a study must be done first to determine if the changes can be made without impacting other streets. Gary Cohen, 2406 Francisco Drive, stated that the changes proposed for Santiago Drive will directly impact Francisco Drive. He stated that Francisco Drive is the last street before the light on Santiago that has a pocket turn to head towards Irvine Avenue from Tustin Avenue, and he feels that drivers will use this alternate access. He suggested that the monitoring program include a study of what happens on all four streets during the Santiago Drive test period. He suggested that if it is found that any of the streets have increases, some sort of speed control system should then be implemented for that street. He stated that Francisco Drive could accommodate a traffic circle. Rob Boullon, 2312 Francisco Drive, began by stating his support for having Santiago Drive downgraded. He stated that the residents of the four streets involved have been working together as a committee for a couple years. He read from a resolution, dated October 21, 1997, that was written by the committee and included four recommendations. He stated that the committee spent time with the City to develop the recommendations and that speed bumps on Santiago Drive were included on the list. Mr. Boullon stated that it is important to implement all four recommendations together, Volume 53 - Page 17 �w City of Newport Beach City Council Minutes September 27, 1999 INDEX and should be possible with the recent downgrading of Santiago Drive. 0 Al Bartolic, 2312 Windward Lane, stated that the residents on Windward Lane support the recommendations of the residents on Santiago Drive. Sara Rollins, 386 E. 22nd Street, stated that the changes on Santiago Drive will effect 22 ^d Street. She stated that it makes no sense to increase the speed to 30 mph for only a portion of Santiago Drive. She stated her support for speed bumps and feels that they are the only way to keep the speed down. She stated that all of the residents in the area are concerned about the speed on Santiago Drive, and she does not understand why the recommendations of the residents can't be implemented. Council Member Ridgeway asked Mr. Boullon if the resolution that he referred to earlier had been signed. Mr. Boullon responded that it had not been signed. Steve Berger, 2001 Centella Place, stated that the residents in the area have been trying to solve the problem for over three years. He stated that the average speed on Santiago Drive is 39 mph and, recently, a ticket was issued for a driver going 64 mph. He stated that he does not believe that tickets are being written for reckless driving, failures to stop, failures to yield or 3 -ton trucks. He related a story of driving speeds on Irvine Avenue and feels that if it is not being patrolled adequately, how can Santiago Drive. He stated that he understood from the Police Department that they would ticket speeders going 37 mph in a 30 -mph zone, but he later found out that no specific speed for issuing tickets would be guaranteed. Mr. Berger feels that this is inappropriate. He also expressed his concern regarding the plan due to the recent lack of enforcement, the inaccurate studies being done on the average speed and an unreasonable list of suggestions. He sees no concurrence between the Police Department and the City. He stated that he feels that the only way that the problem can be solved is with the use of speed bumps. Council Member Glover stated that in the State of California, speed limits are determined on streets based on at what speed a greater percentage of the drivers are actually driving on that street. She added that the police cannot issue a ticket unless the street is posted for 30 mph or greater. Robert Walker, 2001 Irvine Avenue, stated that lie has lived in the area for 43 years. He stated that no matter what speed limit is posted, the drivers will always go faster. He added that no pedestrian access on Santiago Drive has been provided for those that want to get to the new bay trail. He stated that Santiago Drive is being used more by both vehicles and pedestrians due to development in the area. He said that he does not think that the residents are concerned about more cars, they just want the speeds reduced. Council Member Adams stated that the reason that the City is planning to increase the speed limit on Santiago Drive from 25 mph to 30 mph is that it allows the Police Department to legally use radar to enforce speed violations. Additionally, State Law requires that a street, as determined by an engineering study, be posted relatively close to the average speed of 85% of Volume 53 - Page 18 City of Newport Beach City Council Minutes September 27, 1999 Othe drivers when they are not affected by the movement of any other cars. Council Member Adams stated that the average speed on Santiago Drive was 39 mph a few years ago, and with some minor changes to the street, has been reduced to 36 mph. He stated that this is a relatively significant decrease. Council Member Adams stated, however, that he does feel that there is a speeding problem on Santiago Drive. He stated that recent monitoring by the Police Department has shown that there are a significant number of vehicles flagrantly violating the 25 -mph speed limit. He added that there is nothing that can be done about it until the Police Department can use radar. He stated that he feels that for safety reasons, the excessive speeders must be cited. He stated that the Police Department concurs with this recommendation. Council Member Adams stated that many of the streets in the City are not posted, but have a speed limit of 25 mph by State Law. He stated that, unfortunately, Santiago Drive is not a residential street. It was a secondary arterial before being recently downgraded to a collector arterial. Council Member Adams stated that it makes Santiago Drive part of the backbone of the City's street system and that although speed bumps have been recommended, he feels that they are wholly inappropriate on any street other than a residentially classified street. He pointed out that he is not opposed to speed bumps in general, and feels that they do have their place and can be effective, but that collector streets serve more than the people that live on that street and are not appropriate for speed bumps. He stated that data in the transportation literature supports this. Motion by Council Member Adams to introduce Ordinance No. 99 -25 amending Chapter 12.24 (Special Speed Zones) of the NBMC to establish a speed limit of 30 mph on Santiago Drive between Irvine Avenue and Tustin Avenue; 2) direct staff to proceed with the Santiago Drive Implementation Plan; and 3) direct staff to expand the study analyzing the effectiveness of focused enforcement on Santiago Drive to include what effect the enforcement on Santiago Drive will have on the rest of the City; a clear understanding of the nature of the problems on Windward Lane, Francisco Drive and Holiday Road; consideration for applying the efforts on Santiago Drive to other similar streets in the City; a comprehensive program that can be used throughout the City; articulate documentation on the methodology used during the data collection process; how pedestrians and bicyclists will be accommodated on Santiago Drive; a determination as to why people often run the stop sign at the intersection to the west; and a careful analysis of the various options that can be utilized to calm traffic (speed bumps, chokers, etc.), how each would be implemented and the impact of each on bicyclists and pedestrians. Council Member Adams added that the residents are concerned that nothing will be done after the increased period of enforcement is over. He stated that he will do what he can to make sure this does not happen. He added that the police will continue to patrol all of the streets in the City. Council Member Adams stated his disagreement with the suggestion for the City to make a promise to do a specific alternative if it is found that the increased Volume 53 - Page 19 INDEX City of Newport Beach City Council Minutes September 27, 1999 INDEX enforcement did not work. He said that the results of the study he is suggesting should be looked at first. He added that posting the speed limit at 30 mph is as low as the City can go and still meet State requirements. He wants the alternative solutions to be looked at during the trial period, so that more immediate action can be taken, if appropriate. He stated his concern for setting precedence and he urged great care when performing the study and forming conclusions. He said the backbone arterial collector system should be preserved, and the residents need to realize that this street must carry east -west traffic. Council Member Ridgeway requested that Public Works staff explain the reason why speed bumps are improper. He stated that he is in support of an incremental approach, and knows from his experience on the peninsula that the speed does increase when the police are not present. He also requested that Police Department staff talk about the issue of enforcement. He agreed with previous speakers that the City has changed, and he has seen the problems on Santiago Drive and in the area. He stated that Santiago Drive was designated as a secondary arterial before the 55 Freeway was extended. He said that behavioral modification has to be done to get drivers to use the streets that can accommodate the heavier traffic. He also disagreed with making any promise as to what will be done if the test period does not work, but understands the residents' concerns and assured them that something will be done. He feels that the issue is speed not volume. Mr. Edmonston stated that there are not enough streets in the City with speed bumps for him to know what effect they have on the volume on streets, such as Santiago Drive. He stated that he has been in touch with the City of Costa Mesa and is hoping to obtain some information from them. He said that people tend not to like speed bumps and may utilize another street for that reason. Mayor O'Neil asked about the recommendation mentioned earlier in the evening about a committee working with the City and recommending speed bumps. Mr. Edmonston stated that it was the outcome of a committee of the four streets. Council Member Adams pointed out that national transportation literature states that traffic volume is reduced by an average of 18% on streets with speed bumps. Council Member Ridgeway asked what alternative streets the drivers would use if speed bumps were placed on Santiago Drive. Mr. Edmonston stated that it is a combination of traffic, many are using Santiago to connect with north -south streets, others are traveling east -west. Council Member Glover stated that, after their studies, Costa Mesa came to the conclusion that people should be encouraged to use the commercial streets and not the residential streets. She felt that the same thing should be encouraged in Newport Beach. She said the residential streets need to be maintained as streets that people can live on and where children can be raised. I 0 Volume 53 - Page 20 City of Newport Beach City Council Minutes September 27, 1999 OCouncil Member Adams stated that it sounds good to route traffic through commercial streets, but people still need streets to get from the commercial streets to their homes. He stated that the established hierarchy of the street system is heavily relied upon. Police Chief McDonell responded to Council Member Ridgeway's question about continued enforcement at the end of the trial period, by stating that there will be a conditioning period and the Police Department would like the opportunity to attempt enforcement on Santiago Drive. He stated that the streets in the City that have high traffic volume will have activity by the Police, and studies help the police to determine when certain streets have problems with speeders. He stated that a speed trailer on Santiago Drive recorded 11,300 cars in a 58 -hour period. Police Chief McDonell continued by responding to some of the comments made earlier in the evening by Mr. Berger. Police Chief McDonell stated that he has not been asked for information on the number of citations issued on Santiago Drive for violations other than speeding, but he would be certain that such citations have been written. Additionally, Police Chief McDonell stated that he was at the same meeting as Mr. Berger on Monday and no spec speed was given for when police officers would begin issuing citations. He said it is at the judgement of the police officer at the site. Lastly, Police Chief McDonell said that there is full concurrence between the City and the Police Department. The Police Department all along has asked for a realistic speed survey. Council Member Ridgeway asked about the available manpower. Police Chief McDonell responded that manpower could be a problem, but for some, there is never enough enforcement and he won't know about the specifics on Santiago Drive until they're given a chance. Council Member Ridgeway stated his feeling that people use Santiago Drive to access Coast Highway via Dover Drive. Police Chief McDonell stated that demographic information will be available through the ticket citations. Mayor Pro Tem Thomson stated that the residents in the Santiago Drive area have gotten together and worked for over two years to solve a problem in their neighborhood. He stated that they want to know that if the speed enforcement trial does not work, that another alternative will be sought and something will be done to slow the traffic on their street. Mayor Pro Tem Thomson stated his opinion that some assurances should be given to the residents. Council Member Ridgeway stated his support for Council Member Adams' motion and the incremental approach to the problem, with any decisions being made after the test period and the results of the studies are available. Council Member Ridgeway asked that the residents be patient and he would certainly consider speed bumps at a later date, if appropriate. Council Member Glover asked about the commercial traffic on Santiago Drive and her request that traffic calming issues be looked at in conjunction with the traffic phasing ordinance (TPO). She stated her understanding that Volume 53 - Page 21 INDEX City of Newport Beach City Council Minutes September 27, 1999 INDEX traffic would be directed out of the neighborhoods. The motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Mayor O'Neil Noes: Thomson Abstain: None Absent: Noyes PUBLIC COMMENTS Jack Sedler, 260 Cagney Lane, #119, apologized to the Mayor and the City Council for his behavior at the previous City Council meeting. He stated that he thinks there are people who would be willing to put up money to keep the Cannery and Snug Harbor open. He stated that both are assets to the City and should not be closed. He further stated that he had talked to Bill Campbell and Mr. Campbell is willing to let someone else take control. Allan Beek, 2007 Highland, stated that the decision has been made on the traffic phasing ordinance (TPO), but he said that it still needs to be decided if the City dislikes congestion more or the infrastructure it takes to avoid the congestion. He said that the amended TPO gave the City the power to collect money ahead of time for intersections before they get congested. He stated, however, that the City must have a plan regarding what improvements will be made to the infrastructure, how much building will be allowed, how will streets be designed and how much new traffic will be generated. PUBLIC HEARINGS 3o. GENERAL PLAN AMENDMENT 99 -2(E) - REQUEST TO EXPAND Res 99 -69 THE SECOND FLOOR OFFICE AREA IN AN EXISTING BUIILDING GPA 99 -2(E)/ BY APPROXIMATELY 882 SQUARE FEET AND A REQUEST TO Directors Use RELOCATE A SMALL SPORTS MEMORABILIA MUSEUM, KNOWN Permit 401 AS THE NEWPORT SPORTS COLLECTION FOUNDATION, INTO 100 Newport Canter Dr. THE BOTTOM FLOOR OF THE BUILDING — REQUIRES THE (45) APPROVAL OF A GENERAL PLAN AMENDMENT TO PERMIT ADDITIONAL DEVELOPMENT SINCE THERE IS NO ADDITIONAL FLOOR AREA ALLOCATED IN THIS PART OF NEWPORT CENTER AND THE APPROVAL OF A USE PERMIT TO PERMIT A SPORTS MEMORABILIA MUSEUM AS AN ACCESSORY USE TO THE PRINCIPAL OFFICE USE (100 NEWPORT CENTER DRIVE). Planning Director Patty Temple stated that the Planning Commission recommended approval of both the general plan amendment and the use permit. She added that a general plan amendment was required because of the lack of available development allocation in that part of Newport Center. The Planning Commission identified one major issue, which was the maintenance of some existing trees in the vicinity of the project. As a result of this concern, they added a condition of approval to the use permit that addressed the maintenance of the existing trees and their replacement, if they needed to be removed. Volume 53 - Page 22 0 City of Newport Beach City Council Minutes September 27, 1999 Council Member Adams asked for a clarification as to why the trees were tied to the application. Ms. Temple stated that the trees are along Newport Center Drive and have been on the property since the initial development. She stated that the Planning Commission is embarking on a program that may consider some design criterion consistent with the original design concepts of Newport Center, and felt that existing landscaping should be maintained until the decisions on the program are made. Council Member Adams asked if the applicant was proposing to remove trees. Ms. Temple responded by saying that the applicant indicated to the Planning Commission that one or more trees may be diseased or in an unsafe condition, and that he may not want to replace the trees with the same species. Council Member Adams asked if The Irvine Company had any control over the landscape palate. Ms. Temple stated that the property may be one of the few in Newport Center that does not have ongoing review by The Irvine Company. Council Member Glover stated that this will be a problem throughout Newport Center until the design framework is completed because The Irvine Company sold some parcels of land in the 1980'x. She stated that she would prefer that The Irvine Company had stronger Special Land Use Restrictions (SLURS). Ms. Temple confirmed for Council Member Glover that the applicant would not be able to remove the trees if the City Council upheld the decision of the Planning Commission. And, that the general plan amendment was being processed in the normal fashion. Council Member Ridgeway confirmed that there is one set of ficus trees in a boulevard landscape area and another set adjacent to the building. Ms. Temple confirmed that the applicant only has the ability to deal with trees on his own property. Council Member Ridgeway stated that he was surprised that the Planning Commission took action on trees on private property. Mayor O'Neil opened the public hearing. John Hamilton, the applicant, stated that the trees are on his property, were planted improperly and were determined by an arborist to be diseased and possibly unsafe due to the roots aboveground. He said it is not his intention to remove the trees and not replant something in their place. He stated that it would be a physical impossibility to replace the trees with the same species and size as being removed, and as recommended by the Planning Commission. He confirmed for Mayor O'Neil that he is in agreement with the rest of the recommendations. There being no further testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Ridgeway to adopt Resolution No. 99 -69 for GPA 99 -2(E); and approve Directors Use Permit No. 40 with the deletion of Condition No. 4, recommended by the Planning Commission, and allow the Volume 53 - Page 23 IN113 0►'1 City of Newport Beach City Council Minutes September 27, 1999 applicant to remove the trees on his private property and replace them with a species of his choice (if so desired). Council Member Glover stated that she would not be supporting the motion because she does not want to see hodgepodge occur in the Newport Center area. She feels that the design framework should be developed before any existing landscaping is changed. Council Member Adams stated his concern about the row of trees along the street and is glad they are not being disturbed. He asked for a clarification of the motion and if the applicant would be required to replace the trees with landscaping of some kind. Council Member Ridgeway stated that the motion allows the applicant the freedom to replace the trees with whatever he wants. Council Member Adams asked if the applicant would consider a condition that would require a one - for -one replacement. Mayor O'Neil stated that he understood the motion to allow the applicant to replace the trees, only if he desired. Council Member Adams stated that there shouldn't be any harm in including the applicant's intention as a condition. Mayor Pro Tern Thomson stated that he feels that private property rights should be observed. He stated that he feels the applicant will do what's best for the City. The motion carried by the following roll call vote: Ayes: Adams, Thomson, Debay, Ridgeway, Mayor O'Neil Noes: Glover Abstain: None Absent: Noyes RECESSED AND RECONVENED AT 9:25 P.M. WITH ALL MEMBERS PRESENT EXCEPT COUNCIL MEMBER NOYES AND MAYOR PRO TEM THOMSON. CURRENT BUSINESS 32. REQUEST FOR FUNDING FROM ORANGE COUNTY AIRPORT ALLIANCE IN THE AMOUNT OF $258,234. (Taken out of order.) Tom Wall, Executive Director, Orange County Airport Alliance, stated that the planning process for the reuse of El Toro started in the Fall of 1993 with the announcement of the base closure. In December of 1996, the Orange County Board of Supervisors, acting as the local reuse authority, chose the airport as the preferred alternative. He stated that, since that time, the Alliance has been working on the completion of the second Environmental Impact Report (EIR). He stated that the EIR will be due for public comment Volume 53 - Page 24 INDEX Orange County Airport Alliance Funding Request (54) i 0 0 City of Newport Beach City Council Minutes September 27, 1999 in November of this year, the plan goes before the Board of Supervisors in May of 2000, the Secretary of the Navy would then issue a record of decision next summer and an environmental impact statement would be prepared. He stated that interim cargo operations are expected to begin by January 1, 2001 and a passenger terminal should open by the year 2005. He stated that the Alliance has been working on the process for seven years and plans to see it through. Mr. Wall stated that earlier in the evening, he attended the quarterly meeting of the El Toro Reuse Planning Authority ( ETRPA). ETRPA is made up of, and funded by, seven South County cities. He stated that $1.8 million was budgeted in 1998 for a public information and education program for the Millennium Plan. He stated that at tonight's meeting, they approved $3.95 million to be spent in 1999/2000 for advertising, direct mail, consulting support, collateral materials, special events and administration, community outreach and program management. Mr. Wall stated that this upcoming year will be an important year for the planning process because its the culmination of the formal part of the process. ETRPA and the other organizations that are opposed to the airport are spending a great deal of money. He stated that they are preparing a revised Millennium Plan to show that it is not as offensive in terms of traffic and pollution that opponents think it will be. Mr. Wall concluded by stating that the Orange County Airport Alliance is a O public information program. He said that tonight's request for additional funding of $238,234 will continue the efforts for the next six months. He said the money will be spent to provide public information, a cable TV show, and information to support the County planning process. Council Member Ridgeway asked why the budget request is for six months and the executive director salary request is for only three months. Mr. Wall explained that three of the next six months of the executive director's salary have already been funded, and this request will align the salary with the budget. Mayor O'Neil stated that it is important to note that the Alliance also receives money from other sources, although Newport Beach is the primary source of funding. Mr. Wall added that the Alliance is increasing its efforts to contact other agencies and ask for their support. He stated when most people are provided with the information, they realize the benefits of the airport and realize it is appropriate to support the Alliance. Council Member Debay asked about the support received from the County. Mr. Wall stated that a budget request has been submitted to the County in the amount of $180,000 to produce a series of five studies dealing with specific issues surrounding the airport. Council Member Debay stated her support for having other agencies provide support. Motion by Council Member Glover to approve the request. Mayor O'Neil stated that he attends the Alliance board meetings and is Volume 53 - Page 25 i_ .liD i City of Newport Beach City Council Minutes September 27, 1999 33. INDEX Volume 53 - Page 26 satisfied that the Alliance is organized, spending the funds efficiently and that the City is getting its money's worth The motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes, Thomson FUNDING REQUEST FROM CITIZENS FOR JOBS & THE BA -017 ECONOMY (CJ &E) FOR $150,000 TO UTILIZE FOR EL TORO Citizens for Jobs LOBBYING EFFORTS. (Taken out of order.) and the Economy Funding Request/ City Manager Bludau stated that the funding request would primarily fund El Toro Lobbying lobbying efforts in Washington D.C. He added that if the request is Efforts approved, the City Council would also need to approve a budget amendment (40154) to add $85,000 to the airport account. Council Member Glover stated that she sits on the CJ &E board and said that the funding request is overdue. Motion by Council Member Ridgeway to approve the request, and a budget amendment in the amount of $85,000. Mayor O'Neil stated that it is important that the various organizations that the City supports report regularly with where the money has been spent. He stated that Council Member Glover attends the meetings of CJ &E, he attends Alliance meetings and Council Member Adams attends the meetings of the Airport Working Group (AWG). Mayor O'Neil stated that he wants the public to understand why the organizations are being funded. Bruce Nestande, representing Citizens for Jobs & the Economy, added that he is available to discuss details of the organization with the council members at any time. He stated that CJ &E was the principle sponsor of Measure A, and was also very involved with the defeat of Measure S which would have repealed Measure A. He said that CJ &E is also monitoring and keeping informed on what the County is doing, and assisting them in maintaining a schedule. Mr. Nestande stated that it is also important to keep up the efforts in Sacramento and Washington D.C., and that the request before the City Council at the current meeting is to provide for Washington D.C. lobbyists. He said that the lobbyists will have close contact with the administration and Congress. He said that the representation in Washington D.C. will assure that the airport efforts are proactive in developing an airport that is compatible with the community. He pointed to noise restrictions and preferential runway treatments as examples of items where Federal assistance is needed. Mayor O'Neil stated that the efforts of CJ &E are coordinated with the Alliance, AWG and the Orange County Regional Airport Authority (OCRAA). Volume 53 - Page 26 0 City of Newport Beach City Council Minutes September 27, 1999 He said that the efforts are working and are not being duplicated. Mr. Nestande confirmed that communication and coordination occurs daily. The motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes, Thomson PUBLIC HEARINGS 31. AMENDMENTS TO THE ZONING CODE (AMENDMENT 892) THAT RELATE TO THE DEFINITION OF TERMS, TERMS AND CROSS- REFERENCES IN THE LAND USE REGULATIONS SCHEDULES, ESTABLISHING WATERFRONT REAR YARD SETBACKS, REGULATIONS ON BAY AND GREENHOUSE WINDOWS, THE PARKING OF VEHICLES IN REQUIRED YARDS, SIGNS IN RESIDENTIAL DISTRICTS, AND THE AUTHORITY OF THE PLANNING DIRECTOR TO APPROVE OFF-SALE ALCOHOLIC BEVERAGE OUTLETS AND MASSAGE ESTABLISHMENTS. Planning Director Temple stated that the proposed amendment to Title 20 of the Municipal Code is a series of minor changes, mostly characterized as housekeeping. She stated that two of the changes are more substantive and include a change in the process for approval of massage establishments and off -sale beer & wine retail outlets. Mayor O'Neil opened the public hearing. There being no testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Debay to introduce Ordinance No. 99 -26 and pass to second reading on October 25, 1999. The motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes, Thomson CURRENT BUSINESS 34. NOTICE TO INTERESTED AGENCIES: INTENT TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY. City Manager Bludau stated that this marks the beginning of the City's efforts to annex several areas which are a part of the City's sphere of influence, but not currently within City boundaries. Deputy City Manager Kiff stated that the next stage of the process will begin Volume 53 - Page 27 �X Ord 99 -26 PCA 892 Land Use Regulations Schedules (94) Proceedings for the Reorganization of Territory/ Bay Knolls/ Santa Ana Heighta/ Newport Coast and Ridge (21) City of Newport Beach City Council Minutes September 27, 1999 INDEX October 25, 1999, and that Costa Mesa will begin similar proceedings for some of its neighboring territories. He acknowledged Costa Mesa's support in working through several key island boundary issues. Mr. Kiff stated that the entire annexation process is outlined in State Law and must be followed carefully. He stated that there will be at least four public hearings on the matter. He thanked the residents in each of the annexation areas for their patience, and he gave them the City's guarantee that the process will be open and deliberative. He specifically thanked the Council's annexation sub- committee and the team of five residents from the Newport Coast community who have been meeting with the City since March of 1998. Mr. Kiff stated his confidence that the remaining issues will be resolved soon. Mr. Kiff asked that the Council approve the recommended actions before them with one amendment. He asked that in addition to completing the planning requirements associated with Newport Coast, that staff would be authorized to prepare for Council review any additional zoning or general plan amendments required in the Bay Knolls and Santa Ana Heights areas. Council Member Glover confirmed with Mr. Kiff that the City is only moving forward on Bay Knolls, Santa Ana Heights and the Newport Coast and Ridge. Mr. Kiff stated that the proposed application does not include the Santa Ana Country Club because it requires the approval of Costa Mesa, which has not yet been received. Council Member Glover further confirmed that the City could change the boundaries prior to the Local Agency Formation Commission of Orange County (LAFCO) hearing, but that the current application is the intended application. Barry Allen, 1021 White Sails Way, referred to Recommended Action 3(f) in the staff report. He asked that the Fiscal Impact Analyses of Newport Coast include complete and detailed analysis of what the cost of services to the area would be, as well as complete and detailed analysis on what money will be received from the area if it is annexed. He added that he also wants the residents of Newport Beach to be made aware of the list of demands by the residents of Newport Coast, so that their agenda is clear. Mayor O'Neil informed Mr. Allen that the studies he is requesting will be done. He added that some have already been done and will be updated, and that the information would be made available to the public. Daniel Wampole, 27 Bridgeport Road, Newport Coast, thanked the Council for slowing down the annexation process. He stated that the Newport Coast residents have worked with City staff over the past year, primarily on three issues, which include equality, specifically trash collection; Council representation; and tax relief from the huge quantity of bonds the area has. He stated that the Newport Coast area has the option to annex with Newport Beach, incorporate on their own or just remain as they are. He pointed out that, if annexed, Newport Coast would bring in a lot of taxes without a lot of costs. He said the current assessed value of the area is $1.6 billion and should be closer to $2.7 billion, representing a very large financial base. He added that they do have some needs, like a civic center, for the Volume 58 - Page 28 City of Newport Beach City Council Minutes September 27, 1999 Oprojected 11,000 to 14, 000 residents of the area. Council Member Debay explained that the tax relief that is being asked for by the Newport Coast residents will not negatively impact the current residents of Newport Beach. Mr. Kiff confirmed that the money would come from another source, such as the sewer and water service. Mr. Wampole added that the residents of Newport Coast do not want to negatively impact Newport Beach. Mayor O'Neil acknowledged the patience, understanding and cooperation of the Newport Coast residents in working with the City over the past several years. He stated that he feels that a resolution will be found that will be satisfactory to both the residents of Newport Coast as well as the current residents of Newport Beach. He added that he would not take action to force the Newport Coast residents to annex with Newport Beach if they did not want to. Mr. Wampole stated that although the direction that the City is headed is a good one, the residents of Newport Coast couldn't support the annexation until the final shape of everything is before them. Council Member Debay confirmed with Mr. Kiff that the 86 -page report, dated February 23, 1998, and mentioned in the staff report is available in the City Manager's Office for review by the public. Deborah Allen, 1021 White Sails Way, stated that it would be important to get the updated financial impact numbers, mentioned earlier. She added that she has no opinion on the annexation, but feels that the two things important to Newport Beach residents would be the financial benefit of annexing Newport Coast and how the annexation would change the districting of the seven City Council members. Mayor O'Neil stated that the Council redistricting committee, comprised of Mayor Pro Tern Thomson and Council Members Debay and Ridgeway, will report back to the City Council with a recommendation in November. He said that under the City's Charter, the City Council is required to redistrict every four years. He stated that the committee will make recommendations both including Newport Coast and not including Newport Coast. He added that the City Charter allows for seven districts with seven council members, each elected at large. He stated that currently, each district contains approximately 10,000 people and that an addition of Newport Coast would add about 1,500 people per district. Council Member Glover stated that Newport Beach already has many beautiful homes and that annexing Newport Coast would add some beautiful homes but would only compliment what is already here. She added that Newport Beach provides good services, and that the money that is brought into Newport Beach from Newport Coast will be given back in the services provided. pMs. Allen said that it will be important for the residents of Newport Beach to Volume 53 - Page 29 INDEX City of Newport Beach City Council Minutes September 27, 1999 INDEX know why the annexation is being done. Motion by Council Member Rideewav to: 1) Set October 25, 1999 as the date of a public hearing at which time the City Council will consider the adoption of a Resolution of Intention to Initiate Proceedings for the Reorganization of Territory; 2) Per Government Code §56800(b), direct the City Clerk to mail notice to all affected agencies of an October 25, 1999 public hearing at which time the City Council may adopt a resolution declaring the City of Newport Beach's intention to initiate proceedings for the reorganization of territory known as Bay Knolls, the Santa Ana Heights, and the Newport Coast and Ridge; and 3) Direct staff to return to the City Council after acting to: a) Complete the METES AND BOUNDS that describe the proposed reorganization areas; b) Prepare a PLAN OF SERVICE reflecting the draft Plan described in this staff report; C) Complete the required ENVIRONMENTAL REVIEW and PLANNING AND ZONING obligations associated with the proposed reorganization, including the: (1) Initiation, processing and approval of General Plan Amendments implementing the "Second Amendment` to the Local Coastal Plan (LCP) and other recent modifications to the Newport Coast and San Joaquin Hills Planned Communities' land use plans; (2) Initiation, processing and approval of amendments to the Zoning Code and Districting Map to conform with (cl); (3) Initiation, processing and approval of LCP amendments to modify jurisdiction, incorporate (cl) and (c2), assume Master Coastal Development Permit authority (after appropriate transition) and other appropriate modifications necessary to implement the land use plan; (4) Environmental Documentation for a General Plan Amendment, Zone Change, Local Coastal Program, Development Agreement, and impacts associated with plan for services and boundary adjustments and, if necessary, the capital improvements associated with acquiring the water and sewer infrastructure in the Newport Coast and Ridge annexation area; (5) Prepare any additional zoning or general plan amendments required in the Bay Knolls and Santa Ana Heights areas. d) Complete any DEVELOPMENT AGREEMENT and other documents associated with the processing of development approvals in the Newport Coast and Ridge area, including: (1) Any Annexation/Development Agreement with The Irvine Company; and (2) Any Joint Powers Agreement with the County of Volume 53 - Page 80 0 City of Newport Beach City Council Minutes September 27, 1999 Orange describing the processing of development permits; e) Complete the PROPERTY TAX EXCHANGE AGREEMENTS required by Revenue and Taxation Code §99 and §99.1; f) Complete any remaining Fiscal Impact Analyses of the proposed reorganization areas; g) Upon adoption of the Resolution of Intention to Initiate Proceedings, pay any applicable filing fees (in an amount not to exceed $6,500) to the Orange County Local Agency Formation Commission (LAFCO); and h) Take any other action which may be necessary to inform the public, other local agencies, any affected residents, and others about the proposed reorganization of territory. The motion carried by the following roll call vote: Ayes: Adams, Glover, Debay, Ridgeway, Mayor O'Neil Noes: None Abstain: None Absent: Noyes, Thomson MOTION FOR RECONSIDERATION -None. ADJOURNMENT - 10:10 p.m. The agenda for the Regular Meeting was posted on September 22, 1999, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 31 INDEX CITY OF NEWPORT BEACH � City Council Minutes ®���� Special Meeting October 4, 1999 - 11:30 a.m. INDEX ROLL CALL Present: Glover, Thomson, Debay, Ridgeway, Noyes Absent: Adams, Mayor O'Neil CLOSED SESSION Adjourned to Closed Session pursuant to Section 54956.9(b) of the Government Code to hold a conference with legal counsel regarding anticipated litigationtsignificant exposure (the facts of the incident involve actions taken by a property owner in reliance on representations of City employees). CLOSED SESSION REPORT PRESENTED — None PUBLIC COMMENTS — None ADJOURNMENT — 12:00 p.m. + + + + + + + + + + + + + +++ + + + + + + + + + + + + + ++ The agenda for the Special Meeting was posted on October 1, 1999, at 4:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 53 - Page 32 0 Cl O Meeting Date: October 25, 1999 Agenda Item No.: 3 Subject: SANTIAGO DRIVE SPEED LIMIT ALSO refer to City Council Agenda Packet for the Meeting of September 27, 1999, ITEM NO. 3 for the Original Report or Backup Information on this item. Thank you! 0