HomeMy WebLinkAbout06/28/1999 - Regular Meeting0 CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 28, 1999 - 7:00 p.m.
INDEX
STUDY SESSION - 4:00 p.m [Refer to separate minutes]
CLOSED SESSION - 5:30 p.m.
CLOSED SESSION REPORT PRESENTED - None.
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Absent: None
Pledge of Allegiance - Council Member Debay.
• Invocation by Reverend Dr. Dennis Short, Harbor Christian Church of
Newport Beach.
Proclamation recognizing the Newport Harbor American Legion Post 291
for the Arches Bridge flag donation presented to Don Donaldson. Mayor
O'Neil also acknowledged and thanked Council Member Glover for her
efforts in working with the Legion in obtaining the flags. Mr. Donaldson
thanked the City Council for the opportunity to participate in the flag
project on the new bridge.
MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT
(NON- DISCUSSION ITEM):
Council Member Debay announced the cooperative program between the City
and the Orange County Sanitation District to distribute ultra low -flush toilets.
She stated that approximately 500 toilets were distributed to residents at no
cost. Some toilets are still available and can be received by calling the Utilities
Division at 644 -3011. Council Member Debay added that the Orange County
Water District is reaching out to people in the community by offering tours of the
Santa Ana River. She stated that the first tour, scheduled for September 16 &
17, 1999, is being offered to elected officials. She encouraged the City Council
members to participate in this tour.
• Council Member Debay requested a staff report on the initiative that was
recently filed. She asked that it include the pros and cons of the initiative, and
how it will affect the City. She requested that the item be scheduled for public
orientation and discussion.
Volume 52 - Page 557
City of Newport Beach
City Council Minutes
June 28, 1999 INDEX
• • Mayor O'Neil requested that staff provide the City Council with the proposal
that was presented by the Cameo Community Association regarding the
replacement of the fence along Coast Highway. He stated that he understands
that the Association is looking to the City for help with the funding. Mayor
O'Neil asked that the item be agendized.
CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR (STUDY SESSION) AND
REGULAR MEETING OF JUNE 14, 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.
RESOLUTION FOR ADOPTION
3. 1999 WEED ABATEMENT PROGRAM. Adopt Resolution No. 99 -46
Res 99 -46
declaring that weeds and other nuisances exist and schedule a public
Weed Abatement
hearing for August 9, 1999, regarding their abatement.
(41)
• CONTRACTS AND AGREEMENTS
4. PROGRAM SUPPLEMENTAL AGREEMENT WITH THE STATE OF
Res 99 -47
CALIFORNIA FOR ARTERIAL HIGHWAY REHABILITATION
C -3293
PROGRAM PROJECTS. a) Approve Program Supplement No. M005 with
Program
the State of California for the construction of San Joaquin Hills Road from
Supplemental
Jamboree Road to MacArthur Boulevard, with federal authorization number
Agreement for
STPLMA 5151 (008); b) approve Program Supplement No. M006 with the
Arterial Highway
State of California for the construction of San Joaquin Hills Road from
Rehabilitation
MacArthur Boulevard to Marguerite Avenue, with federal authorization
Program Projects
number STPLMA 5151 (009); c) approve Program Supplement No. M007
(38)
with the State of California for the construction of Irvine Avenue from
Santiago Drive to Tustin Avenue, with federal authorization number
STPLMA 5151 (011); d) approve Program Supplement No. M008 with the
State of California for the construction of Jamboree Road from East Coast
Highway to San Joaquin Hills Road, with federal authorization number
STPLMA 5151 (010); and e) adopt Resolution No. 99 -47 authorizing staff to
enter into Program Supplements with the State of California.
5. GRANT HOWALD AND LINCOLN SCHOOL BALLFIELD LIGHTING
C -3283
(C -3283) — AWARD OF CONTRACT. a) Approve the plans and
Grant Howald and
specifications; b) award C -3283 to Electro Construction Corp. of Los Angeles
Lincoln School
for the total bid price of $199,200 and authorize the Mayor and the City
Ballfield Lighting
Clerk to execute the contract; and c) establish an amount of $19,800 to cover
(38)
• the cost of materials testing and unforeseen work.
6. NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY C -2886
Volume 52 - Page 558
•
•
City of Newport Beach
City Council Minutes
June 28, 1999
"ARCHES " INTERCHANGE IMPROVEMENTS, ORANGE COUNTY
SANITATION DISTRICT REIMBURSEMENT AGREEMENT NO. 3
AND AMENDMENTS TO PROFESSIONAL SERVICE AGREEMENT
(C- 2886). a) Approve Amendment No. 3 to Cooperation and Reimbursement
Agreement with Orange County Sanitation Districts; b) approve Amendment
No. 3 to Professional Services Agreement with MK Centennial for
construction management; c) approve Amendment No. 1 to Professional
Services Agreement with Gail P. Pickart, P.E., for project management;
d) approve Amendment No. 2 to Professional Services Agreement with
Moffatt & Nichol Engineers for civil engineering support; and e) approve a
budget amendment (BA -080) appropriating $257,648 to the Contribution
Fund Account No. 7251- C5100199 and appropriating $964,292 from the
Circulation and Transportation Fund to Account No. 7261- C5100199.
UNDERGROUNDING OF UTILITIES IN THE ALLEY BOUNDED BY
EDGEWATER PLACE, CYPRESS STREET, EAST BAY AVENUE AND
ADAMS STREET IN BALBOA (PROPOSED UNDERGROUND
ASSESSMENT DISTRICT NO. 88). Authorize a budget amendment
(BA -081) to appropriate $46,350 in the Assessment District Capital Project
fund to proposed Assessment District No. 88, Account No. 7401- C5200495;
and authorize the City Manager to execute a Professional Services
Agreement with Harris & Associates in an amount not to exceed $21,450 for
assessment engineering services.
8. JAMBOREE ROAD REHABILITATION, EAST COAST HIGHWAY TO
SAN JOAQUIN HILLS ROAD - STPLMA 5151 (010) - AWARD OF
CONTRACT (C- 3242(A)). a) Approve the plans and specifications for
Jamboree Road Rehabilitation, East Coast Highway to San Joaquin Hills
Road (Federal Authorization No. STPLMA 5151 (010)); b) award C- 3242(A)
to R.J. Noble Company for the total bid price of $424,537.50 and authorize
the Mayor and the City Clerk to execute the contract; c) establish an amount
of $42,000 to cover the cost of material testing and unforeseen work;
d) authorize a budget amendment (BA -082) to appropriate $151,609 of
Federal Highway AHRP Funds STPLMA 5151 (010) into a newly established
Account No. 7285- C5100480; and e) authorize a budget amendment (BA -082)
to increase revenue estimates by $151,609 to Account No. 285 -4880.
9. IRVINE AVENUE STREET RECONSTRUCTION (C -3204) - AWARD
OF CONTRACT. a) Approve the plans and specifications for Irvine Avenue
Street Reconstruction from Santiago Drive to Tustin Avenue with federal
authorization number STPLMA 5151 (011); b) award C -3204 to All American
Asphalt of Corona for the total bid price of $264,669 and authorize the Mayor
and the City Clerk to execute the contract; c) establish an amount of $26,000
to cover the cost of material testing and unforeseen work; d) authorize a
budget amendment (BA -083) to appropriate $82,087 of Federal Highway
AHRP Funds STPLMA 5151 (011) into a newly established Account No.
7285- C5100392; e) authorize a budget amendment (BA -083) to increase
revenue estimates by $82,087 to Account No. 285 -4880; and fj authorize a
budget amendment (BA -083) to transfer $71,582 from Account No. 7281-
05100465 (Polaris Drive Pavement Overlay) to Account No. 7281- C5100392
(Irvine Avenue Rehabilitation).
`ICI U a1;/
BA -080
Arches
Interchange
Improvements
(38/40)
BA -081
Underground
Assessment
District 88
(40/89)
C- 3242(A)
BA -082
Jamboree Road
Rehabilitation
(38/40)
C -3204
BA -083
Irvine Avenue
Street
Reconstruction
(38/40)
10. CENTRAL BALBOA WATER, SEWER & ALLEY IMPROVEMENTS I C -3278
Volume 52 - Page 559
City of Newport Beach
City Council Minutes
June 28, 1999
• AND WEST NEWPORT BEACH SEWER MAIN REPLACEMENT,
PHASE II (C -3278) - AWARD OF CONTRACT. a) Approve the plans and
specifications; b) award C -3278 to GCI Construction, Inc. for the total bid
price of $495,803.90 and authorize the Mayor and the City Clerk to execute
the contract; c) establish an amount of $40,000 to cover the cost of
unforeseen work; and d) approve a budget amendment (BA -084) transferring
unused Wastewater Capital Funds of $130,303.72 from the Jamboree Road
Sewer Pump Station Abandonment Account No. 7532- C5600461 to the
Sewer Main Replacement Account No. 7531- C5600292.
11. MACARTHUR BOULEVARD WIDENING SEGMENT 2 (C -2825) -
COMPLETION AND ACCEPTANCE. a) Accept the work and approve as-
built plans and specifications; b) authorize the City Clerk to file a Notice of
Completion; c) authorize the City Clerk to release the bonds 35 days after
the Notice of Completion has been recorded in accordance with applicable
sections of the Civil Code; d) approve Amendment No. 2 to agreement with
Gail P. Pickart, P.E. for project management services; and e) approve a
budget amendment (BA -085) appropriating $243,962.18 from the Circulation
and Transportation Fund to Account No. 7261- C5100066 and increasing
revenue to the Contributions Fund Account No. 7251- C5100066 from
$600,000 to $633,777.61.
12. NEWPORT HEIGHTS' STREET LIGHTING (C -3258) - AWARD OF
CONTRACT. a) Approve the plans and specifications; b) award C -3258 to
• DBX, Inc. for the total bid price of $232,158 and authorize the Mayor and the
City Clerk to execute the contract; and c) establish an amount of $15,000 to
cover the cost of unforeseen work.
13. Item removed from the Consent Calendar by Council Member
Adams.
14. Item removed from the Consent Calendar by Council Member
Adams.
MISCELLANEOUS ACTIONS
15. PLANNING
file.
AGENDA FOR JUNE 24, 1999. Receive and
16. LEGAL ADVERTISING BID FOR FISCAL YEAR 1999 -2000. Accept the
bid of the Daily Pilot and authorize a purchase order for the one -year period
of fiscal year 1999 -2000.
17. APPOINTMENT OF BENEFIT BROKER AND CONSULTING
SERVICES. Authorize staff to issue a broker of record letter to AON
Consulting for the purpose of providing benefit and consulting services for
the City's benefit program.
18. UNDERGROUNDING OF OVERHEAD UTILITIES CITY WIDE.
is Continue to process underground assessment districts on an as requested
basis.
19. NEWPORT ELEMENTARY SCHOOL SAND SCREEN GARDEN
Volume 52 - Page 560
INDEX
Central Balboa &
West Newport Beach
Sewer Improvements
(38/40)
C -2825
BA -085
MacArthur Blvd.
Widening
Segment 2
(38/40)
C -3258
Newport Height
Street Lighting
(38)
Planning
(68)
FY 1999 -2000
Legal Advertising
(32)
Benefit Broker &
Consulting Services
(66)
Undergrounding of
Overhead Utilities
(89)
Newport Elementary
•
City of Newport Beach
City Council Minutes
June 28, 1999
WALL. Allow the construction of a sand screen garden wall less than 3 feet
high around the grass playground area, oceanward of the oceanfront
sidewalk.
20. PURCHASE OF REPLACEMENT VOICE LOGGING
RECORDER/REPRODUCER SYSTEM. Award bid to purchase
replacement voice logging recorder /reproducer system from Stancil
Corporation for $29,794.41 from Police Department Budget No. 1250 -9300.
21. PURCHASE OF REPLACEMENT MOBILE LAPTOP COMPUTERS.
Award bid to purchase replacement mobile laptop computers for use in our
marked civilian police vehicles from First Computer Inc. for $34,253.73 from
CIP Budget No. 7017 C1820451.
22. PURCHASE OF NON - LINEAR VIDEO & AUDIO EDITING SYSTEM.
Award the bid to purchase a Discreet -Logic "Edit" Non - Linear Video & Audio
Editing System from Burst Communications, Inc. for $47,401.38 (including
tax).
23. Item removed from the Consent Calendar by Council Member
Noyes.
532. Item removed from the Consent Calendar by Council Member
Ridgeway.
Motion by Mayor Pro Tom Thomson to approve the Consent Calendar,
except for those items removed (13, 14, 23 and S32).
Without objection, the motion carried by acclamation.
ITEMS REMOVED FROM THE CONSENT CALENDAR
13. CLAIMS ADMINISTRATION SERVICES FOR THE GENERAL
LIABILITY PROGRAM.
Council Member Adams stated that at the earlier Study Session, he had
requested clarification on the fee structure. He said that he, has since,
received an explanation that was satisfactory and answered his question.
Motion by Council Member Adams to approve a contract to provide Third
Party Administration (TPA) services for the self- insured general liability
programs to Insurance Consulting Associations (ICA).
Without objection, the motion carried by acclamation.
14. LEASE AGREEMENT WITH THE BALBOA YACHT CLUB.
Council Member Adams stated that the proposed agreement is for a thirty -
year term and has an inflator formula built in for the rent, but that the
• insurance coverage limits are fixed. He suggested that some kind of
escalation provision be provided for the insurance coverage over the thirty -
year period, and he understands that staff could come up with a suitable
escalator.
Volume 52 - Page 561
liN11
School Sand Screen
Garden Wall
(78)
Voice Logging
Recorder/
Reproducer
System (70)
Mobile Laptop
Computers
(70)
Non - Linear
Video and
Audio Editing
System (70)
C -3294
Claims
Administration
Services /General
Liability
(38)
C -2693
Balboa Yacht
Club Lease
(38)
•
•
City of Newport Beach
City Council Minutes
June 28, 1999
Motion by Council Member Adams to authorize the Mayor to execute the
proposed lease with the Balboa Yacht Club on behalf of the City, with the
addition of a clause that would allow the City to update the Lease's
insurance requirement to reflect market standards.
Stan Bunker, 2012 Vista Caudal, member and director of the Balboa Yacht
Club, stated that the suggestion by Council Member Adams is acceptable to
the Balboa Yacht Club.
Council Member Ridgeway suggested that the adjustment be made to the
lease and that a fixed escalator not be used. City Manager Bludau stated
that staff was intending to review the insurance every five years.
Council Member Adams confirmed that this was the intention of his motion.
Without objection, the motion carried by acclamation.
23. GENERAL PLAN AMENDMENT 99 -2 — REQUEST TO INITIATE
AMENDMENTS TO THE NEWPORT BEACH GENERAL PLAN, AS
FOLLOWS: A) 4881 BIRCH STREET (PLAZA DE CAFES): A
PROPOSAL TO CHANGE THE DEVELOPMENT ALLOCATION FOR
THIS SITE TO ALLOW THE DEMOLITION OF AN EXISTING FOOD
COURT AND ALLOW THE CONSTRUCTION OF A 161 ROOM
EXTENDED STAY HOTEL; B) 4699 JAMBOREE ROAD (FAR EAST
NATIONAL BANK): A PROPOSAL TO INCREASE THE
DEVELOPMENT ALLOCATION FOR THIS SITE TO ALLOW AN
APPROXIMATE 24,000 SQ. FT. ADDITION TO AN EXISTING
OFFICE BUILDING WITH A RELATED PARKING STRUCTURE;
C) 1514 WEST BALBOA BOULEVARD (EDISON ELECTRICAL
SUBSTATION): A PROPOSAL TO CHANGE THE GENERAL PLAN
LAND USE ELEMENT AND LOCAL COASTAL PROGRAM, LAND
USE PLAN TO RE- DESIGNATE THE PARCEL FROM
GOVERNMENTAL, EDUCATION AND INSTITUTIONAL FACILITIES
TO TWO- FAMILY RESIDENTIAL; D) LOT 10, TRACT 14839
(GRANVILLE DRIVE OFFICE SITE): A PROPOSAL TO INCREASE
THE DEVELOPMENT ALLOCATION FOR THIS SITE FROM 5,000
SQ. FT. TO 8,000 SQ. FT.; AND E) 100 NEWPORT CENTER DRIVE
(NEWPORT SPORTS COLLECTION FOUNDATION): A PROPOSAL
TO INCREASE THE DEVELOPMENT ALLOCATION IN BLOCK 100
OF NEWPORT CENTER TO ALLOW ADDITIONAL
ADMINISTRATIVE SUPPORT OFFICE SPACE IN CONJUNCTION
WITH THE ESTABLISHMENT OF A SPORTS MEMORABILIA
MUSEUM.
Council Member Noyes referred to Item C, the Edison Electrical Substation,
and suggested that since the property is adjacent to a large City parcel, a
more in -depth report should be prepared.
Council Member Ridgeway stated that the property is next to private
property and is not adjacent to Marina Park. He added that the general
plan amendment only affects the vacant parcel, not the power station itself.
Volume 52 - Page 562
11013WI
GPA 99 -2
4881 Birch Street/
4699 Jamboree Road/
1514 W. Balboa/
Lot 10, Tract 14839/
100 Newport Center Dr.
(45)
City of Newport Beach
City Council Minutes
June 28, 1999
• Motion by Council Member Noyes to initiate the amendments to the
General Plan as recommended by the Planning Commission, with the
exception of Item C (1514 West Balboa Boulevard, Edison Electrical
Substation).
Substitute motion by Council Member Ridgeway to initiate the
amendments to the General Plan as recommended by the Planning
Commission.
Council Member Ridgeway stated that Item C can be reviewed further
during the general plan amendment process.
Council Member Glover stated that she understands the point that Council
Member Noyes is trying to make and encouraged staff to provide the City
Council with more information on all of the items.
The substitute motion carried by the following roll call vote:
Ayes: Debay, Ridgeway, Glover, Adams, Mayor O'Neil
Noes: Noyes, Thomson
532. LCP GRANT CONTRACT.
Council Member Ridgeway wanted to make sure that the City Council
• understood that the staff recommendation is to decline a $150,000 grant from
the Coastal Commission.
Assistant City Manager Wood stated that staff had concerns with the grant
conditions when the report from the Coastal Commission staff was received.
She stated that per City Council direction, staff attempted to have the
concerns addressed, but that the Coastal Commission approved the grant with
the conditions. She added that the Coastal Commission did allow their staff
some flexibility to work with the City in trying to negotiate something that
would be acceptable.
Assistant City Manager Wood stated that the Coastal Commission staff has
been flexible in some areas, but that their main interest is in having the
existing LCP certified. She stated that City staff feels that the City is more
interested in looking at its land use plan and certifying something other than
the existing LCP, if that is found to be more appropriate. She stated that, by
accepting the grant, she is also concerned that the City will be taking on more
work than it can fund.
Council Member Ridgeway asked if staff is satisfied that the Coastal
Commission is primarily interested in controlling private boating facilities and
providing 100% access to coastal areas. Assistant City Manager Wood said
that staffs specific concern on the access question is that the City has a
number of residential areas that have private access.
• Assistant City Manager Wood added for Council Member Ridgeway that the
City has few projects that need Coastal Commission approval.
Motion by Council Member Rid eway to direct staff to decline to execute
Volume 52 - Page 563
i0 D) �►:1
LCP Grant
Contract
(68)
City of Newport Beach
City Council Minutes
June 28, 1999
• the contract for the LCP Grant
INDEX
Without objection, the motion carried by acclamation.
PUBLIC COMMENTS
Jan Vandersloot, SPON Tree Committee, spoke about the emergency request
for tree removals in Corona del Mar and Balboa Island that was approved at
the previous City Council meeting. He stated that he understood that there
would be a two -week period before the trees would be removed so that the
data could be further evaluated. Mr. Vandersloot said that he was not given
enough time to review the data before the trees started being removed and
that he, has since, discovered that the trees that were removed were healthy
and not showing signs of decay. He stated that he tried to have someone
from the City validate the readings of the equipment being used, but was
unsuccessful in his attempts. He stated that an arborist has determined
that the way the data is being interpreted by the City is incorrect.
Mr. Vandersloot requested that no more trees be removed based on the
readings of the equipment currently being used.
Mayor O'Neil confirmed that fourteen trees were designated as trees that
should be removed and six were removed. He believes that the matter does
need further investigation before the other eight are removed. Mayor O'Neil
stated that the SPON Tree Committee's arborist will be given the
• opportunity to meet with the City's arborist. And, that proper notice to the
property owners and any other interested parties will be given regarding
related hearings before the Parks, Beaches & Recreation Commission. He
stated that, although the six trees that have already been removed cannot be
replanted, he is interested in assuring that misinformation or faulty
equipment readings are not relied upon in the future.
Council Member Adams referred to the report from Alden Kelley, consulting
arborist, stating that the topping of the trees was done improperly. Council
Member Adams requested that this allegation also be addressed in the
course of the investigation.
Mayor O'Neil suggested that General Services Director Niederhaus might
want to make a statement to be included in the public record.
City Manager Bludau added that in Volume 52, Page 523 of the City Council
minutes, it is only stated that the trees would be removed "within the next
two weeks" and that no promise of a two -week waiting period was made.
Mayor O'Neil stated that although it may not have been stated, it appeared
that there would be more time before the trees would be removed. He added
that a debate about what has already happened will not serve any useful
purpose. He believes that the City can only work to insure that future tree
removals have proper investigation regarding the tree's health, proper notice
and proper opportunity for everyone to be heard. He said that it should also
• be determined if the equipment being used is properly calibrated.
City Manager Bludau stated that the item can be placed on the next agenda.
Volume 52 - Page 564
0
City of Newport Beach
City Council Minutes
June 28, 1999
Council Member Ridgeway requested that the General Services Department
and the SPON Tree Committee work together on the issue.
Mayor O'Neil stated that it has not been determined if the equipment is
faulty or if there was operator error.
Council Member Glover confirmed with City Attorney Burnham that no
action can be taken by the City Council during Public Comments.
Iryne Black, 1646 Irvine Avenue, stated that she spoke with an arborist in
Tennessee regarding the resistograph F -line machine. She said that he
indicated that he has had a lot of experience with resistographs giving false
readings. She added that there are three types of resistographs and she'd
like the matter looked into further.
Bob Caustin, 471 Old Newport Blvd, Defend the Bay, referred to the Water
Quality/Back Bay Overview at the earlier Study Session and complimented
staff for their very comprehensive review of the issues affecting the bay. He
thought that the level of understanding was commendable. Mr. Caustin
stated that Defend the Bay is now prepared to ask the neighbors upstream
to do a better job of policing what enters the bay and share in the
responsibility.
Mary Porter, 700 Larkspur Avenue, stated that she is against having the
• trees removed in Corona del Mar. She stated that three of the trees are on
her property and provide memories for her, have historical value and
enhance her property. She stated that the trees do not look like they are
dead or dying. She stated that the trees provide shade and are used by
wildlife. She concluded by stating that she was not notified of the tree
removals.
Bettye Butterworth, 721 Jasmine Avenue, provided the City Council with
photos and a copy of her statement. She said that a tree on her property was
removed over a year ago and the removal caused damage to her property,
which she was later reimbursed for. She stated that her main complaint is
with the lack of notification that is given. She added that Patrick Bartolic
has also provided a statement and agrees with her that the removal of the
trees has a negative effect on the area.
Kurt English, P. O. Box 2817, residing at Seashore & 39th, spoke about the
4th of July restriction problem. He stated that the barricades that are placed
in the area make it difficult for the residents who want to leave the area to
enjoy legal fireworks, because they have a problem trying to exit and return
from their property. He requested that the City Council balance the
interests of property rights and civil order by instructing the Police to be as
flexible as possible with the residents.
PUBLIC HEARINGS
24. STATUS
REPORT ON DEVELOPMENT AGREEMENT NO. 4
(THE
IRVINE
.
COMPANY,
LIBRARY EXCHANGE AGREEMENT),
NO. 5
(HOAG
MEMORIAL
HOSPITAL PRESBYTERIAN), NO. 6
(THE
IRVINE
COMPANY,
CIRCULATION IMPROVEMENT AND
OPEN
Volume 52 - Page 565
INDEX
Development
Agreements
No 4: C- 2823 -A
No 5: C -2912
•
City of Newport Beach
City Council Minutes
June .28, 1999
SPACE AGREEMENT (CIOSA)), NO. 7 PACIFIC VIEW MEMORIAL
PARK), NO. 8 (FORD MOTOR :LAND DEVELOPMENT
CORPORATION), NO. 9 (FLETCHER JONES MOTOR CARS), NO. 10
(NEWPORT HARBOR LUTHERAN CHURCH), AND NO. 11 (THE
IRVINE COMPANY AND IRVINE COMMUNITY DEVELOPMENT
COMPANY CONCERNING BONITA CANYON) - TO CONDUCT AN
ANNUAL REVIEW OF CURRENT DEVELOPMENT AGREEMENTS
TO REVIEW THE APPLICANTS' GOOD FAITH AND SUBSTANTIAL
COMPLIANCE WITH EACH AGREEMENT IN ADDITION TO THOSE
TERMS AND CONDITIONS REQUIRED OF THE CITY OF
NEWPORT BEACH.
Mayor O'Neil opened the public hearing.
Motion by Mayor O'Neil to continue the public hearing to a City Council
Study Session on Monday, July 12, 1999, at 4:00 p.m.
Without objection, the motion carried by acclamation.
25. TRAFFIC PHASING ORDINANCE - PROPOSED AMENDMENTS TO
CHAPTER 15.40 OF THE NBMC, TRAFFIC PHASING ORDINANCE,
TO PROVIDE THAT CIRCULATION SYSTEM IMPROVEMENTS
REQUIRED FOR A DEVELOPMENT ARE ROUGHLY
PROPORTIONAL TO THAT PROJECT'S IMPACT, TO MODIFY THE
DEFINITION OF FEASIBLE IMPROVEMENT, TO ESTABLISH A
THRESHOLD FOR TRAFFIC IMPACTS THAT REQUIRE
CIRCULATION SYSTEM IMPROVEMENTS AND TO CHANGE THE
NUMBER OF AFFIRMATIVE VOTES NEEDED TO OVERRIDE THE
PROVISIONS OF THE ORDINANCE TO 5 /7THS OF THE MEMBERS
ELIGIBLE TO VOTE (contd. from 6/14/99).
Mayor O'Neil stated that this item was reviewed at the previous City
Council meeting, that public testimony was taken and that the Planning
Commission also reviewed it at several public hearings. Mayor O'Neil asked
that those in the audience that wished to comment on the item limit their
comments to information that was not already a part of the public record.
City Attorney Burnham discussed the changes that had taken place in the
document since the previous City Council meeting. He stated that eight
changes were made to the draft Traffic Phasing Ordinance (TPO). He began
by stating that language was added to the findings section.
Council Member Glover asked the City Manager about her request to have a
report prepared about how to put together a congestion management plan.
City Manager Bludau did not recall the request, and confirmed that it was
not a part of the packet.
City Attorney Burnham continued by stating that the language added to the
findings section should help the City defend the ordinance if it is challenged.
• He stated that a new section has also been added that deals with standards
for approval that make it clear that improvements or contributions be made
as a condition of the project. He stated that staff is also proposing to go back
to the 1% test for determining the significance of a project at any given
Volume 52 - Page 566
INDEX
No 6:
C -2920
No 7:
C -3058
No 8:
C -3059
No 9:
C -3067
No 10:
C -3152
No 11:
C -3174
(38)
Ord 99 -17
Traffic Phasing
Ordinance
(26)
•
City of Newport Beach
City Council Minutes
June 28, 1999
INDEX
intersection. lie stated that staff is recommending some modifications to
definitions and has added "impacted primary intersection" to make it clear
that the mitigation that may be required will apply only to those
intersections which are impacted by project trips. And, City Attorney
Burnham stated that the definition of "feasible improvement" was expanded.
He stated that a modified way to calculate the fee for projects, which will not
cause or make worse an unsatisfactory level of traffic service when
improvements are to be constructed in the future, has been included.
Finally, a section was added to deal with reimbursement programs that will
create a vehicle for the City Council to accelerate improvements to certain
intersections where there is information that more than one project may
require mitigation at the intersection.
Council Member Glover asked the City Attorney to go through the
calculation of fee as presented in Section 15.40.030 B.l.d(iii). City Attorney
Burnham stated it is proposed to calculate the fee by first calculating the
intersection capacity utilization (ICU) of the intersection at the time that the
analysis is made, which is one year after the project is complete, based on
modeling and actual counts. Then, he stated, the ICU of the improvement
would be calculated and added to the other. He stated that this would
become the denominator of the fraction used to calculate the fee. The
numerator would be the calculation of the ICU of the improved intersection
added to the number of project trips. The fraction would then be multiplied
by the cost of the improvement, and that would become the fee.
• City Attorney Burnham confirmed for Council Member Glover that staffs
recommended changes include a change from critical intersection to primary
intersection and narrowing the definition of infeasible. He stated that
infeasible means that no improvement can take place at the given
intersection or at least one improvement consistent with the general plan
cannot take place.
City Attorney Burnham confirmed for Council Member Glover that the
calculation of fee occurs only when the City Council or Planning Commission
makes a finding that the project will not cause or make worse an
unsatisfactory level of service when an improvement is complete, which
would occur within forty -eight months after the decision to approve the
project. He added that in most cases there would be a fee charged of the
proponent to pay their share of their effect on the intersection once it's been
improved.
Council Member Glover asked about the instances when it has been
determined that there cannot be an improvement and a residential
component is also present. City Attorney Burnham stated that the City
Council would initiate and approve the traffic mitigation study, and then the
Planning Commission or City Council on review or appeal would determine
the appropriate contribution of a property owner. He stated that once the
City Council has approved the traffic mitigation study, staff would assess the
cost of the recommendations.
• Council Member Glover asked how the calculations would be made where
improvements can be made. City Attorney Burnham responded that the
Planning Commission or City Council would decide these on a case -by -case
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Council Member Ridgeway asked for the definition of an infeasible
improvement. City Attorney Burnham stated that all improvements that
are not inconsistent with the general plan would be feasible. Infeasible
improvements would be those specifically identified as infeasible by the City
Council at a noticed public hearing while, at the same time, initiating or
approving a traffic mitigation study.
Council Member Ridgeway asked why a project would be approved if it has
been determined that it would be infeasible to mitigate the impacts. City
Attorney Burnham stated that the identification of which intersection
improvements are feasible or infeasible would not be done in conjunction
with the review of a project. Determination of infeasibility is done
independent of project analysis.
Council Member Ridgeway asked why the study would not be done
concurrently. City Attorney Burnham stated that there is no link between
project review and approval, and the identification of an improvement at an
intersection as infeasible. He added that the underlying premise in drafting
modifications to the existing TPO was to correct certain legal issues, making
a minimum change to the underlying policy. He stated that the existing
TPO allows projects that impact intersections for which there is no
mitigation to be approved subject to certain findings. He said they've also
• attempted to fine -tune those issues that the Planning Commission or City
Council would consider when evaluating a project.
Council Member Ridgeway expressed his approval with the nexus test being
incorporated into the ordinance and keeping the proportionality test, but
stated that he is struggling with the application of the tests to the infeasible
intersections. Council Member Ridgeway stated that the existing TPO is not
supportable and he believes that the infeasible discussion should be
removed.
City Attorney Burnham stated that staff has tried to maintain the existing
provisions of the TPO and change them only minimally, where necessary.
Council Member Ridgeway suggested that 15.40.030 B.l.c(ii) be removed and
asked for a further explanation of its intent. City Attorney Burnham stated
that the existing TPO gives the Planning Commission and the City Council
the authority to approve a project which causes or makes worse an
unsatisfactory level of traffic service at an intersection for which there is no
feasible improvement. He stated that staff has attempted to limit what the
Planning Commission and the City Council can consider when choosing to
approve a project under those circumstances to four relatively narrow
categories. He stated that he feels that this effectively creates a nexus
between the project impacts and the mitigation requirements. City Attorney
Burnham outlined the four things as listed in 15.40.030 B.l.c(ii).
• Council Member Ridgeway suggested that a fourth item be added to
15.40.030 B.l.d, which would not allow the Capital Improvement Program
(CIP) to be changed without a 5 /7th's vote of the City Council. He stated that
the TPO needs to be cross- referenced to the CIP, so that intersection
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improvement projects cannot be removed after a project has been approved.
City Attorney Burnham stated that this requirement could be added.
Council Member Adams suggested that the City Attorney go over some of the
changes discussed between them earlier. City Attorney Burnham stated
that these included a change in some of the terminology in the appendix to
make it consistent with the terminology used by the traffic engineers.
Council Member Adams stated that the changes also included a correct
labeling of the finding paragraphs. City Attorney Burnham stated that the
other changes were typographical corrections.
Mayor O'Neil opened the continued public hearing.
Allan Beek, 2007 Highland, stated that progress has been made and he
agrees with the comments of Council Member Ridgeway. Mr. Beek stated
that there are also some technical issues that still need to be resolved and he
said that the formula for figuring out the fee, as discussed earlier, needs to
be changed. He said that using a ratio of ICU's is not reasonable, and that it
is biased. He stated that the biggest issue yet to be resolved is the trip
distribution, because it is by guess and not by computer. Mr. Beek concluded
by urging the City Council to continue the matter so that more work can be
done.
• Council Member Ridgeway asked if Mr. Beek was referring to Appendix A
when discussing trip distribution. Mr. Beek confirmed this and stated that
he felt the language said nothing. Council Member Ridgeway stated that
everyone is attempting to make the ordinance fair and reasonable.
Bob Caustin, 2421 16th Street, #2, stated that he prefers the votes to make a
change be set at 6 /7th's. He thinks that if a project can't be mitigated, it
should not be approved.
Philip Bettencourt, 110 Newport Center Drive, stated that the concerns of
the Newport Harbor Chamber of Commerce and the Building Industry
Association have been addressed, but they aren't convinced that the best job
possible has been done, referring to the minimal changes made to the
existing TPO. Mr. Bettencourt added that he knows that a lot of work has
gone into the document and he feels that it is time to approve the TPO. He
concluded by stating that he does not think it's :Fair for anyone to infer that
the business community would be involved in any kind of process that would
undermine public safety, as was stated by speakers at previous meetings.
Phil Arst, resident of Lighthouse Lane, presented an overhead entitled
Proposed Unsatisfactory and Marginally Congested Intersections. He also
presented an overhead entitled Major Issues and Recommended Solutions
for the June 25 PTPO. This list included eight recommendations. He stated
that much progress has been made, that the work being done is really
planning the City and he stated that he hoped the differences could be
• narrowed.
Tony Petros, 1 Park Plaza, Suite 500, Irvine, stated that he spoke with the
City's traffic engineer and that the intersection overhead shown by the
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previous speaker was in error. He stated that the image shown was not
reflective of the City's general plan and that fewer intersections than shown
are forecast to be unsatisfactory in the future.
Barry Eaton, 727 Bellis Street, Vice Chairman of the Environmental Quality
Advisory Committee (EQAC), stated that EQAC also supports retaining the
6 /7th's majority vote. He added that he feels that the inclusion of the
infeasibility issue is to allow a couple intersections to remain as they are and
that, if that is the case, feels the ordinance does a good job and has been
greatly improved in the last two weeks.
There being no further testimony, Mayor O'Neil closed the public hearing.
Motion by Council Member Ridgeway to continue the item for two
weeks, incorporating some of the comments made during the current
meeting.
Council Member Ridgeway stated that there may be a fairer way to calculate
the cost to the project proponent. He also recommended that the infeasible
intersection be removed. He stated that the proportionality test takes care
of that issue. He added that he does not agree that contribution of money
should occur at the time that the project certificate of occupancy is issued.
He thinks that the ordinance should include a component that incorporates
the CIP and that it cannot be changed without a 5 /7tn's vote. Council
Member Ridgeway concluded by stating that tremendous progress has been
•
made and that the document is very close to being ready for approval.
The motion died for lack of a second.
Motion by Council Member Adams to introduce Ordinance No. 99 -17 and
pass to second reading on July 12, 1999, with the inclusion of a cross
reference to the five -year Capital Improvement Program; and minor
corrections to some of the terminology in the appendix, the labeling of the
finding paragraphs and some typographical errors, as discussed earlier.
Council Member Adams stated that he wanted to comment on some of the
statements made earlier in the meeting by Mr. Beek. He stated that the fee
calculation being suggested is not biased. He stated that a couple of
different methods could be used and one has been chosen that he feels is fair.
He added that he feels that the trip distribution methodology is also sound
and appropriate. Council Member Adams thanked Mr. Beek for his
contributions.
Council Member Adams stated that he disagreed with the comment made by
Mr. Arst about the TPO, in effect, planning the City. Council Member
Adams stated that the TPO is a concurrence ordinance and is only being
fixed. He stated that planning discussions should take place in the context
of the circulation and land use elements. He added that he sees no
correlation between the TPO and the initiative that has been filed.
• Council Member Glover asked if an amendment could be made to the motion
to add the following language, "That the City Manager be directed to place
on the July 12, 1999 agenda an item initiating a Traffic Mitigation Study for
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• the following areas commonly known as Newport Heights, Cliffhaven,
Mariners and Westcliff and bounded on the east by Dover Drive, on the
south by Pacific Coast Highway, on the west by Newport Boulevard, and the
north by the City boundary which corresponds roughly to Dover, 16th Street
and 15th Street ".
Mayor O'Neil suggested that the amendment to the motion could be made or
that Council Member Glover could just make a separate motion.
Council Member Adams stated that he felt that the amendment would be
more appropriate as a motion for reconsideration.
Council Member Glover stated that she could not support the TPO without
the amendment. She stated that there are some traffic services that can't be
mitigated, but that there are areas in her district that need redevelopment.
With confirmation from City Attorney Burnham, Council Member Adams
agreed to include the amendment in his motion.
Council Member Ridgeway stated that he couldn't support the motion unless
there was an amendment to the motion to delete the infeasible intersection
definition in the TPO. He added that Council Member Glover's amendment
was trying to address this issue, but he feels that her amendment is out of
context and inappropriate for this discussion and should not be tied to the
• TPO.
Council Member Adams asked for City Attorney Burnham to comment on
Council Member Ridgeway's suggested amendment. City Attorney Burnham
stated that his concern would be a situation where the City were in the
position of denying a project because of the City's unwillingness to make an
improvement contemplated by, and consistent with, the general plan.
Council Member Noyes confirmed that the motion tonight is only to approve
the introduction of the ordinance and that discussions will continue over the
next two weeks. He stated that he doesn't feel that any concepts should be
excluded at this time.
The amended motion carried by the following roll. call vote:
Ayes: Debay, Noyes, Thomson, Glover, Adams, Mayor O'Neil
Noes: Ridgeway
26. ROWE RESIDENCE - 2231 PACIFIC DRIVE - AN APPEAL OF THE
DECISION OF THE PLANNING COMMISSION WHICH UPHELD
THE DECISION OF THE MODIFICATIONS COMMITTEE, WHICH
DENIED A REQUEST TO CHANGE CONDITION NO. 4 OF
MODIFICATION NO. 4538 - THE CONDITION OF APPROVAL
REQUIRES THAT USE OF AN ATTIC SPACE OVER A GARAGE BE
LIMITED TO STORAGE ONLY, AND THAT THE STORAGE AREA IS
• NOT TO BE USED AS ADDITIONAL ]LIVING SPACE. THE
APPLICANT IS REQUESTING THAT THE CONDITION OF
APPROVAL BE CHANGED TO ALLOW THE AREA OVER THE
GARAGE TO BE CONVERTED TO LIVING AREA AND USED AS A
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from 5/10/99 and 5/24/99).
Council Member Ridgeway stated his understanding from the information he
received that the issue had been resolved and would not be discussed at the
current meeting.
Planning Director Temple stated that although an agreement was reached
between the City and the applicant, that part of the agreement includes a
convenant. The convenant would make sure that there is a record on the
deed that would show in any title report as to the status of the storage space
above the garage on the property. She confirmed that the applicant has
withdrawn his appeal.
Mayor O'Neil opened the appeal hearing.
There being no testimony, Mayor O'Neil closed the appeal hearing.
City Attorney Burnham stated that his office spoke with the applicant's
attorney earlier in the day and was told that the applicant was out of town.
City Attorney Burnham stated that the recommended action at the current
meeting would be to approve the covenant, with or without changes.
Motion by Council Member Thomson to approve the covenant with the
addition of the following paragraph: "In addition to the City's right to inspect
• pursuant to provisions of State law, the City may inspect the storage loft
area as a matter of right once every twelve months, provided the City has
given the owner forty -eight hours prior written notice ".
Council Member Thomson stated that the applicant has put in a second unit
in an R -1 area and he agrees that a covenant should be in place to warn
future owners that this is an R -1 residence and shall remain that way.
City Attorney Burnham confirmed that the modification to the motion made
by Council Member Thomson was legal.
Without objection, the motion carried by acclamation.
27. 1999 -00 BUDGET ADOPTION AND CHECKLIST REVIEW.
City Manager Bludau stated that the City Council has spent 5 -% hours
reviewing the 1999 -2000 Budget at two previous study sessions. He said the
action before the City Council at the current meeting was to review the
eighteen budget checklist items and adopt the budget. City Manager Bludau
stated that the City's 1999 -2000 operating budget totals $98.7 million, with
the Capital Improvement Program totaling $21.5 million, for a total budget
of $120.2 million.
. Motion by Council Member Debav to include the 800 MHz Radio
Upgrade (Item #1) in the 1999 -00 budget.
Without objection, the motion carried by acclamation.
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Res 99 -48
1999 -2000
Budget Adoption &
Checklist Review
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Motion by Council Member Glover to include the Emergency Electrical
Supply for City Hall (Item #2) in the 1999 -00 budget.
Without objection, the motion carried by acclamation.
Regarding the Land Use Contract Planner for E1 Toro Issues (Item #3),
Council Member Debay asked if the existing staff could adequately handle
the duties. City Manager Bludau stated that they could.
Council Member Glover stated that she does not understand how the
Planning Department can fulfill the obligation when the full job description
has not been written. She added that she does not feel that there is anyone
in the Planning Department that has the expertise or time to handle the job.
Assistant City Manager Wood stated that she understood that the interest in
the position would be for land use planning and that the department does
currently have that type of expertise. She added, however, that she is
concerned about adding additional responsibilities to the department
without increasing the staff level.
Council Member Adams expressed his lack of understanding regarding what
exactly the new position would accomplish.
• Council Member Glover stated that the new position would deal with air
quality issues. Additionally, she stated that she believes that the pro - airport
effort needs a person who understands airport issues to monitor the
activities of the County. She believes that it would be a disgrace if the City
did not proceed with this effort. She feels that the City should do everything
possible to make sure an airport at El Toro is built.
Mayor O'Neil agreed with Council Member Glover's comments and stated
that the City is budgeting $900,000 in the 1999 -00 budget to carry out some
of the pro - airport activities and fund pro - airport groups. He feels that the
amount will be increased during the year, and that it may be more
appropriate to add the new position with such a budget amendment.
Council Member Adams expressed the same thoughts and thinks the
County's efforts should be reviewed, but he trusts that the existing staff will
identify those items that they feel unqualified to review. He is not convinced
that a single person can address all of the issues. He thinks consultants
would possibly be more appropriate.
Council Member Debay stated that $306,000 has to be trimmed off the
budget checklist and that, at this point, she does not feel that the $90,000 for
the new position should be spent.
Motion by Council Member Debav to not include the Land Use Contract
Planner for El Toro Issues in the 1999 -00 budget.
• With Council Member Glover dissenting, the motion carried.
Council Member Glover stated that the City's Planning Department has not
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been involved in the pro - airport effort. She feels that it is the City Council's
responsibility to be well versed on the issues.
Mayor O'Neil stated that the City Council agrees with her and that the
efforts can be increased at a later date.
Regarding the General Plan Update for the Airport Area (Item #4), Council
Member Noyes stated that he thought this item was already approved
several months prior.
Administrative Services Director Danner stated that it was discussed, but it
was after the budget had been prepared.
Motion by Council Member Noyes to include the General Plan Update
for the Airport Area in the 1999 -00 budget.
Without objection, the motion carried by acclamation.
Motion by Council Member Noyes to include Economic Development for
Mariners' Mile (Item #5) in the 1999 -00 budget.
Without objection, the motion carried by acclamation.
Motion by Council Member Debay to include the Junior Civil Engineer
for Assessment Districts (Item #6) in the 1999 -00 budget.
Without objection, the motion carried by acclamation.
Regarding the Advertising and Public Relations for the Library (Item #7),
City Manager Bludau stated that the money would be spent in an attempt to
stimulate more attendance and use of the main library.
Mayor Pro Tem Thomson stated that he agreed with increasing use at the
library, but he feels that this item should be delayed at this point. He stated
that a more comprehensive public relations effort for the City might be more
advantageous.
Motion by Mayor Pro Tem. Thomson to not include the Advertising and
Public Relations for the Library in the 1999 -00 budget.
Without objection, the motion carried by acclamation.
City Attorney Burnham confirmed for the City Council that it would be
appropriate to take public comments prior to voting on each of the checklist
items.
Ken Russo, 807 Gardenia Way, spoke regarding the OASIS Parking Lot
Lighting (Item #8). He stated that his home is within fifty feet of the
parking lot, and that the lot is fully visible from the front and the side of his
home. He stated that neither he nor the Jasmine Park Homeowners
Association received notice that this item was under consideration, but that
he and one other homeowner did receive a letter from the Community
Services Department just the Friday before. He stated that he supports the
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• OASIS Senior Center, but that the information presented in the letter seems
inaccurate. He said the nearby homeowners were not aware of a problem
with the parking lot and that the use of the parking lot is very low. He
added that for seven months of the year, no trips return to the parking lot
after dark.
Mayor O'Neil asked if Mr. Russo understood that the lights would be on a
timer. Mr. Russo stated that he understood this but that even though the
lights may only be on part-time in the beginning, it may become full-time in
the future. He concluded by stating that he does not feel that the need is
sufficient to have lights so close to residential homes.
Council Member Debay stated that she spoke with the supporters of the
lights and that they were in agreement that low level lighting in only a
portion of the lot would be sufficient.
Ruby Wisman Suikki, 417 Vista Roma, President of Friends of OASIS, stated
that in 1998, there were sixty -three trips with 2,176 participants, and in the
first six months of 1999, there have been thirty trips with 1,141 participants.
She said the parking lot is well used and demands proper illumination. She
stated that the OASIS Board of Directors recently approved a contribution of
$5,000 towards the parking lot lighting project.
Rochelle Liss stated that she lives in the unit closest to the parking lot and is
• also a member of OASIS. She stated that she observes seniors not using the
crosswalk. She stated that the parking lot under discussion is an overflow
parking lot, and that the main lot has lights. She stated that she feels that
the overflow lot could be used for the daytime trips only.
Vera Gephart, 5 Eucalyptus, Irvine, stated that she used to be a driver for
the OASIS senior trips. She stated that it was difficult to drive into the
parking lot at night and difficult for the passengers to unload and locate
their luggage. She stated that the lights would only have to be on for a
minimum length of time. She stated that although it is an overflow lot, it is
needed.
Bettye Butterworth, 721 Jasmine Avenue, stated that she lives one block
from the parking lot and feels that the area is adequately lit. She stated that
if the lighting is approved that it be low -level lighting close to the ground.
Council Member Glover stated that she would like to see the Association
meet with the Senior Center prior to the lighting being put in. She stated
that she would like to see the two parties work together in reaching a
compromise on the project.
Council Member Noyes and Mayor O'Neil added that the project would
probably come before the City Council before the project is approved.
Council Member Noyes stated that his support of the project would be
contingent on the neighbors being given the opportunity to make their
. comments.
Council Member Adams asked if the approval could be subject to a public
hearing or a mechanism for the homeowners to be heard.
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Motion by Mayor O'Neil to include the OASIS Parking Lot Lighting in the
1999 -00 budget, with the condition that meetings be held with the
homeowners that abut the parking lot and the OASIS Senior Center, and
that the project come before the City Council for approval.
Without objection, the motion carried by acclamation.
Mayor O'Neil invited the audience to speak on any of the other budget
checklist items that were already voted on.
Bob Knox, Board of Library Trustees, stated that he wanted to comment on
the Advertising and Public Relations for the Library. He stated that the
library has several new programs. He stated that a phone survey conducted
by the Board showed them that people do not know of all the things going on
at the library. He said that the Board feels that more Newport Beach
citizens should take advantage of what the Library has to offer. He said that
the $50,000 being requested would go towards four mailings during the year.
Council Member Adams asked if the City Newsletter could include
information on the library.
Council Member Noyes also suggested the water bill as a vehicle to
disseminate information. Administrative Services Director Danner stated
that the City does have the capability to include two flyers in each water bill.
Motion by Council Member Ridgeway to reconsider the funding of the
Advertising and Public Relations for the Library for a total cost of $25,000 in
the 1999 -00 budget, with the understanding that the City will also assist
with additional mailings throughout the year.
Substitute motion by Council Member Debav to reconsider the funding
of the Advertising and Public Relations for the Library for a total of $12,500,
and assist with additional mailings through the water bills.
Council Member Noyes stated that he was in support of the main motion,
and he suggested that the Library and City staff work together to determine
the most economical use of the $25,000.
With Council Members Glover and Ridgeway dissenting, the substitute
motion carried.
Regarding the OASIS Parking Lot Lighting item, Public Works Director
Webb confirmed with Mayor O'Neil that the total to be spent on the project is
$18,000 with $5,000 of that coming from the OASIS Senior Center.
Motion by Council Member Noyes to include City Wide Tree Trimming
(Item #9) in the 1999 -00 budget.
Without objection, the motion carried by acclamation.
City Manager Bludau informed the City Council. that with that approval, a
total of $391,717 has been approved through the budget checklist.
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Council Member Debay confirmed that the City Hall Electrical Upgrade
(Item #10) was a carryover from the previous year.
Council Member Glover asked for an additional summary by the City
Manager of the money available for budget checklist items. City Manager
Bludau stated that the budget contains $470,352 not yet committed. He
added that the carryover items would not be included towards this available
total.
Motion by Mayor O'Neil to include the City Hall Electrical Upgrade, the
Storm Drain Improvement Program (Item #11), and the Jamboree
RoadBayview Way Landscape (Item #12) in the 1999 -00 budget.
Without objection, the motion carried by acclamation (Ridgeway absent).
Mayor O'Neil checked with the audience for comments regarding the
recently approved items.
Council Member Noyes confirmed with Public Works Director Webb that the
Jamboree RoadlBayview Way Landscape item just approved for $35,000
included approximately $20,000 of re- budgeted funds and $15,000 of newly
budgeted funds. Public Works Director Webb added that the City is also
expecting to receive a $30,000 contribution from Fletcher Jones.
• Regarding the Higher Level of Maintenance for Community Centers
(Item #13), Council Member Noyes stated that the community centers in the
City provide citizens with one of the first opportunities to see their
government working for them. He thinks the current centers are deficient,
but that the item should possibly be discussed further.
Motion by Council Member Noves to not include Higher Level of
Maintenance for Community Centers in the 1999.00 budget, but schedule
the item for a study session.
Without objection, the motion carried by acclamation.
Motion by Council Member Ridgeway to not include Replacement
Chairs for City Council Chambers and Conference Room (Item #14) in the
1999 -00 budget.
Council Member Noyes asked about the possibility of reupholstering the
chairs. City Manager Bludau confirmed that there could be a less expensive
way to improve the chairs.
Council Member Glover stated that she did not feel that the chairs needed to
be replaced.
Without objection, the motion carried by acclamation.
• Motion by Council Member Debav to include Grant Howald Athletic
Field (Item #15) in the 1999 -00 budget.
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Motion by Council Member Debay to include 32nd Street Reconstruction
(Item #16) in the 1999 -00 budget.
Without objection, the motion carried by acclamation.
Regarding Bay "Spot" Dredging (Item #17), Council Member Ridgeway
stated that if the amount of this item is reduced to $100,000, the budget
would be balanced.
Motion by Council Member Ridgeway to include Bay "Spot" Dredging in
the 1999 -00 budget for a total of $100,000.
Council Member Noyes stated that if the wording of the item was changed to
include storm drain diversion projects that add to the quality of the bay, the
City would qualify for matching funds from the County.
Substitute motion by Council Member Noyes to include Bay "Spot"
Dredging in the 1999 -00 budget for a total of 13150,000, and include storm
drain diversion projects in the scope of the funding.
Public Works Director Webb confirmed for Council Member Ridgeway that
the program to receive matching funds from the County for storm drain
• diversion projects is a brand new program and details on requirements have
not been received. He stated that if the City has the ability to apply for the
projects, he feels the City has a good chance of receiving matching funds.
Without objection, the substitute motion carried by acclamation
Motion by Council Member Debay to include Reclaimed Water Irrigation
Program (Item #18) in the 1999 -00 budget
Without objection, the motion carried by acclamation.
Council Member Ridgeway confirmed with Administrative Services Director
Danner that the approval of the above budget checklist items puts the
budget over by approximately $50,000.
Peggy Stair, 2240 Port Durness, stated that she disagreed with the approval
of the Bonita Canyon park project at a cost of $5.9 million in the CIP. She
stated that the land could be better used for other purposes such as a school,
which it has already been dedicated for. She feels that the City already has
plenty of parks, and that many of them are underused. She said the park
would also create more traffic problems. She would prefer the area be left as
open space, or used as a skateboard park, a walkway system or a dog park.
Motion by Council Member Noves to adopt Resolution No. 99 -48
adopting the 1999 -00 City Budget, incorporating the recommended changes
eand the approved budget checklist items.
Without objection, the motion carried by acclamation.
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28. APPOINTMENTS TO BOARDS AND COMMISSIONS.
City Clerk Harkless stated that four votes of the City Council are required
for a nominee to be appointed to a board or commission and, that in the case
of the City Arts Commission, the appointee receiving the greater number of
votes will serve the longer term.
After a ballot vote, the City Clerk read the votes for the Board of Library
Trustees as follows:
Patrick Bartolic (incumbent) — Adams, Glover, Thomson, Mayor O'Neil,
Debay, Ridgeway, Noyes.
Julie Ryan (incumbent) - Adams, Glover, Thomson, Mayor O'Neil,
Debay, Ridgeway, Noyes.
Mary Petropoulos — no votes.
City Clerk Harkless announced the appointment of Patrick Bartolic and
Julie Ryan to fill the two vacant seats on the Board of Library Trustees.
After a ballot vote, the City Clerk read the votes for the City Arts
Commission as follows:
Karen Raab — Adams.
Lila Crespin — Glover, Debay, Ridgeway, Noyes.
Don Gregory — Glover, Thomson, O'Neil, Ridgeway.
Tom Staple — Thomson.
Catherine Michaels (incumbent) — Adams, O'Neil, Debay, Noyes.
City Clerk Harkless announced that Lila Crespin, Don Gregory and
Catherine Michaels each received four votes for the two vacant seats. She
stated that a revote of the three would take place at the conclusion of the
other appointments.
After a ballot vote, the City Clerk read the votes for the Civil Service Board
as follows:
James Dunlap, Jr. — Glover, O'Neil, Debay, Noyes.
Douglas Wood— Adams, Thomson, Ridgeway.
City Clerk Harkless announced the appointment of James Dunlap, Jr. to fill
the one vacant seat on the Civil Service Board.
After a ballot vote, the City Clerk read the votes for the Parks, Beaches &
Recreation Commission as follows:
Timothy Brown — Glover, Thomson, Debay.
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Appointments to
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INDEX
Stuart Macfarland — Adams, Glover, O'Neil, Noyes.
Jules Marine — Thomson, Ridgeway.
Curtis Herberts — Ridgeway.
Patricia Beek (incumbent) — Adams, O'Neil, Debay, Noyes.
City Clerk Harkless announced the appointment of Stuart Macfarland and
Patricia Beek to fill the two vacant seats on the .Parks, Beaches & Recreation
Commission.
After a ballot vote, the City Clerk read the votes for the Planning
Commission as follows:
Robert Patterson — no votes.
Christi Bettingen — Thomson.
Steven Kiser — Ridgeway.
Anne Gifford (incumbent) — Adams, Glover, Thomson, O'Neil, Debay,
Ridgeway, Noyes.
• Richard Fuller (incumbent) — Adams, Glover, O'Neil, Debay, Noyes.
City Clerk Harkless announced the appointment of Anne Gifford and
Richard Fuller to fill the two vacant seats on the Planning Commission.
At the conclusion of a ballot revote for the City Arts Commission, the City
Clerk read the votes as follows:
Lila Crespin — Thomson, Debay, Ridgeway, Noyes.
Don Gregory — Adams, Glover, Thomson, O'Neil, Ridgeway.
Catherine Michaels (incumbent) — Adams, Glover, O'Neil, Debay, Noyes.
City Clerk Harkless announced that Don Gregory and Catherine Michaels
each received five votes for the two vacant seats, but that the City Council
would need to determine which appointee would serve the longer term.
After discussion by the City Council, it was agreed that the incumbent
should serve the longer term.
City Clerk Harkless announced the appointment of Don Gregory to fill the
unexpired term ending June 30, 2001 and Catherine Michaels to fill the four -
year term on the City Arts Commission.
• Council Member Adams made a general comment about the appointments
and the Council policy that states that board and commission members
should only be reappointed in extraordinary circumstances. He stated that
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this is to give more people in the community an opportunity to serve, but he
feels this is not being done. Additionally, Council Member Adams stated
that some of the people appointed at the current meeting are on more than
one commission or board. He stated that he feels it is not appropriate,
because, again, it takes away the opportunity for more people to serve.
Council Member Ridgeway stated that the only individual he knows of that
is serving on more than one commission is Don Gregory, but that
Mr. Gregory has already stated that he will resign from EQAC.
Council Member Adams stated that Patrick Bartolic is another example, and
that there may be others.
Council Member Ridgeway stated that maybe the policy should state that a
person can only serve on one commission at a time.
Council Member Adams stated that he plans to bring this matter up at the
next meeting as a matter to be placed on a future agenda.
29. TREE POLICY ANALYSIS (INFORMATIONAL REPORT).
City Manager Bludau stated that this item is before the City Council at their
request to provide a tree policy analysis and update on how the current
policy is working.
General Service Director Niederhaus stated that the tree policy analysis
staff report includes the six points that the Council had asked staff to
address. He added that the Council's earlier approval of the tree trimming
item on the budget checklist will allow the department to double the number
of trees trimmed annually. He said that currently, the City trims 1,300 trees
each year, referring to the trees that are trimmed on an annual basis. He
said the budget checklist item will also allow the City to do more thinning
and annual trimming. He cited the trees on Fourth Avenue that haven't
been trimmed in 4 -% years.
General Services Director Niederhaus stated that there is still the concern
about the individual removal requests. He stated that staff is recommending
that they be allowed to interpret the reforestation section of the G -1 Policy to
include individual trees. He concluded by stating that the City is attempting
to provide good and timely service, and to resolve any difficulties with the
people who do not want trees removed.
Council Member Adams referred to the report presented during Public
Comments by Alden Kelley, consulting arborist, and his allegation that the
blue gum trees on Fourth Avenue had been subjected to the malpractice of
topping. General Services Director Niederhaus confirmed this to be true.
He stated that prior to 1994, the trees were topped as a method to trim
them. He stated that it is a bad practice and will not be done with the
upcoming trimming.
Council Member Adams requested that the tree in Castaways Park that was
recently planted for Jean Watt be added to the Dedicated Trees listing in the
G -1 Policy. General Services Director Niederhaus stated that this tree, as
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well as one planted for Dr. Vandersloot, have been added to
are current in the City Clerk's office.
Council Member Glover stated that every tree on her street that is in the
public right -of -way has been topped. She requested that the General
Services Director meet with Southern California Edison (SCE) to discuss the
issue. She referred to Laguna Beach, where SCE is not allowed to top trees,
at will. General Services Director Niederhaus stated that he has received
the SCE tree trimming standards and addressed the issue on Bayside by
reaching an agreement from them to remove the trees at their expense. He
stated that the trees would be replaced with trees that will not grow into the
utility lines. Council Member Glover stated that she would prefer the
General Services Department resolve the issue, and she recommended that
they start by finding out how Laguna Beach reached their agreement with
SCE. General Services Director Niederhaus stated that he would talk with
Laguna Beach and come back to the City Council with more information.
Council Member Debay referred to the statement in the staff report that said
that the minor policy changes would be presented to the Parks, Beaches &
Recreation Commission. She requested that the changes first be presented
to the committee that worked on the G -1 Policy, which included residents
and the City Manager. General Services Director Niederhaus stated that he
would work with the City Manager to arrange the meeting.
• Mayor Pro Tem Thomson asked about the offer from SCE to remove the
Bayside trees, and if it was true that the trees would be removed to street
level only, with the stumps remaining. General Service Director Niederhaus
confirmed this and stated that negotiations with SCE on continuing. He
added that, with the current agreement, the City would have the cost of
removing the stumps as well as replacing the trees. Mayor Pro Tem
Thomson suggested that SCE will actually save money by removing the trees
because future trimmings will not have to be performed.
Council Member Ridgeway asked for a clarification of what staff is
recommending regarding the reforestation policy. General Services Director
Niederhaus stated that staff would like single tree replacements to be
applied to the reforestation policy.
Council Member Adams stated that uniformity of trees on any given street
was not addressed in the policy. He explained that he's referring to
uniformity in the maturity and types of trees. He requested that the issue
be debated and discussed to determine if anything can be done.
Mayor O'Neil stated that he is aware that the City has 28,000 street trees
and that, every year, the City is recognized for this. He stated that there has
been much criticism regarding the City's reforestation and tree removals,
and he asked for additional information about the trees that are planted.
General Services Director Niederhaus stated that the City plants more trees
than it removes, and that the number of trees in the City has grown from
• 22,000 in 1992 to 29,000 in 1999. He added that residents focus more on the
trees that are removed than on those that are planted.
Mayor O'Neil agreed with Council Member Debay's suggestion to have the
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• G -1 Policy committee look at the recommended changes and on Council
Member Adam's suggestion to include a discussion on the uniformity of
trees.
Virginia Herberts, 2290 Channel Road, stated that she believes there is a
conflict of interest in the preparation of the G -1. Policy. She stated that she
is disturbed by the solution to the Bayside problem by just having the trees
removed. She stated that the trees are still in good shape. She disagreed
with the policy to allow one person to make the decision on tree removals.
Ms. Herberts concluded by stating that many more people are insisting on
the strict interpretation of the G -1 Policy than may be present at the public
meetings.
Jan Vandersloot, SPON Tree Committee, stated that he wanted to address
the amount of time spent by the Parks, Beaches & Recreation Commission
and the City staff on tree removal appeals. He provided a handout to the
City Council that he said listed all of the tree appeals in the past sixteen
months, which totaled seventeen. He said that this indicates that not much
time is spent on tree removal appeals, although the staff report says
differently. Mr. Vandersloot stated that he disagrees with allowing staff to
make the determination on when a tree removal should be approved. He
suggested that if the new reforestation recommendation is approved, that
the City Council should require that any replacements be thirty -six inch box
trees or larger, based on diameter. He also stated that the City is still
• topping trees as a method of trimming. He added that the City can save
money by retaining a tree, even though a root barrier might have to be put
in place. He believes there is a campaign to remove trees in the City,
particularly eucalyptus, fichus, carrot wood and Brazilian pepper. He
concluded by stating that the G -1 Policy should reflect the desire to retain
trees.
Iryne Black, 1646 Irvine Avenue, stated her agreement with the suggestion
to first work with the City Manager and the residents on the policy before
going to the Parks, Beaches & Recreation Commission. She added that she
disagrees with the statement in the staff report that states that just a few
people in the community are concerned about the issue. She stated that
there are many more people who care, and many rely on people like
Mr. Vandersloot to express their viewpoints.
Bettye Butterworth, 721 Jasmine Avenue, requested that the trees in old
Corona del Mar be placed on the special tree list.
Debra Allen, 1021 Whitesails Way, stated that she was on the committee
that dealt with the G -1 Policy, and she agrees that the changes should be
looked at by the committee before going to the Parks, Beaches & Recreation
Commission. She stated that there is a difference in the topping of the
eucalyptus trees and the City's old stately trees, and the supplemental
trimming of fichus trees in the view neighborhoods. She stated that she
doesn't know of anyone that disagrees with the trimming of trees to roof
• height or below to preserve the views.
Council Member Glover stated that she knows of the time that was spent on
the creation of the G -1 Policy and she doesnt believe that any changes
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• should be made. She stated that the policy is complex. She stated that she
has a concern about the lack of understanding about trees by the people that
are trimming them. Additionally, she requested. that the wording in the staff
report about the trees on the special tree list be changed to better reflect
their importance. She stated that the special trees were designated for a
reason by citizens of Newport Beach and their significance should not be
dismissed.
When asked, City Manager Bludau stated that staff is clear on the direction
given by the City Council at the current meeting and will proceed with the
process.
30. TREE REMOVAL APPEAL - 2327 ARBUTUS AVENUE (contd. from
4/12/99).
Mayor O'Neil opened the appeal hearing.
Council Member Adams stated that a letter was received from James Parker
providing signatures from residents on his street, supporting the removal
and replacement of the subject tree. Council Member Adams read from a
portion of the letter that stated that Mr. Parker had Council Member Adams'
support for the tree removal if a significant number of neighbors signed the
petition. Council Member Adams read from a verbatim transcript of the
April 12, 1999, City Council meeting. He concluded by stating that he will
• have a difficult time supporting the removal of the tree, but he does not
expect the rest of the City Council to follow his lead as the Council Member
of the district. Council Member Adams stated that the tree is healthy and he
feels that the Parks, Beaches & Recreation Commission ruling should be
upheld.
James Parker, 2327 Arbutus, stated that he never asked to have the tree
removed at the exception of the G -1 Policy. He stated that the G -1 Policy
allows for the removal of a tree if any one of four conditions are met, and
that his tree meets two of the conditions. Mr. Parker stated that the tree is
too close to the incoming water main, too large for the parkway and also
dangerous and dirty. He said that he's asking to replace the tree, not merely
remove it. Mr. Parker apologized to Council Member Adams if he
misunderstood his comments from the previous meeting.
Council Member Adams stated that he would read the rest of the transcript.
Mr. Parker stated that he received 78% support for the removal of the tree
from his neighbors and he feels that he has met all the criteria required of
him. He stated that recently part of the curb, gutter and sidewalk were
replaced because of the tree. He concluded by requesting that his appeal be
approved.
Council Member Adams said that he did find in the transcript where he
stated that, "...all of your nearby neighbors and a vast majority of the people
• on your street would have to be supportive of this for me to consider
overturning...'. Council Member Adams apologized to Mr. Parker for
indicating differently earlier in the current meeting.
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Tree Removal Appeal
2327 Arbutus Avenue
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• Jan Vandersloot stated that the situation may have changed, because
Mr. Parker may now have a root barrier around the tree. After discussion, it
could not be determined if this was done (luring the sidewalk repair.
Mr. Vandersloot stated that if the root barrier were put in place that the tree
shouldn't cause any further sidewalk damage, and he stated his support of
the Parks, Beaches & Recreation Commission decision.
Council Member Noyes asked for a clarification of the root barrier issue.
General Services Director Niederhaus stated that root barriers are best done
after the work to the hardscape has been completed. He stated that if the
City Council decides to retain the tree, a root barrier would be put in.
Mr. Parker stated that he would almost welcome the placement of a root
barrier around the tree because there isn't room and it would surely kill the
tree.
There being no further testimony, Mayor O'Neil closed the appeal hearing.
Motion by Council Member Ridgeway to waive the restrictions of
Council Policy G -1 and grant removal based on the level of public and
private damages.
With Council Members Glover and Noyes dissenting, the motion carried
• Mayor O'Neil recessed the Council meeting at 10:40 pan.
Mayor O'Neil reconvened the Council meeting at 10:47 p.m.
31. BEACH VOLLEYBALL COURT AT 2406 W. OCEANFRONT (contd.
from 5/24/99).
Mario & Jill Aguirre, 3406 Marcus, stated that they were present at the
Parks, Beaches & Recreation Commission meeting and wanted to speak in
regards to the safety issue. Mr. Aguirre presented photos taken over the
Memorial Weekend, which showed that the people that stop to watch the
volleyball players tend to pull onto the sand, while the people that stop at
the houses tend to stop on the boardwalk. He said that it only takes a couple
people to block the boardwalk. He added that he has never complained
about the homeowners' activities, and he'd like to see the volleyball court
remain. Mrs. Aguirre added that they take their infant to the beach and
wouldn't do so if safety were an issue.
Del Chapman, 116 26th Street, stated that he received a notice in the mail
regarding the issue of the volleyball court location and decided to take some
interest in the topic. He said that he observed the area when a volleyball
court was placed at 26th Street for a weekend trial period recently. He stated
that the location was a disaster because it is a main entry point to the beach
from a main parking lot. He stated that he enjoys watching the volleyball
activity, but he disagrees with a court being placed at the end of 26th Street.
• Eric Thurner, 2406 West Oceanfront, provided a handout to the City
Council. He stated that the problem with the court in question is that it is
located directly in front of homes, whereas the other courts on the beach are
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INDEX
at the ends of streets. He stated that the volleyball court is also located at
the narrowest part of the beach and closest to the Newport Pier parking lot.
He stated that the court has been adopted by a couple of groups of volleyball
players. He said the players are dedicated and play hard which creates a
problem with noise, spectators and a displacement of others on the beach.
Mr. Thurner concluded by stating that he is requesting that the court be
moved to the end of 26th Street.
Randy Beck, 2602 West Oceanfront, stated his opposition to moving the
court to 26th Street, and that he was available to answer any questions
regarding the petition he provided on June 15, 1999. He stated that when
the volleyball court was placed at the end of 26th Street for a trial period, it
was apparent that it added congestion to an area that is already too
congested. He said that the bike rack and turnout at the end of 26th Street
make it a poor location for a volleyball court.
Charles Hartwell, 2408 West Oceanfront, agreed with the other speakers
who stated that the area where the court is currently located is congested
and unsafe. He said the appeal was to request that the court be removed,
not relocated. He stated that he doesn't understand why the staff
recommendation doesn't include the option to have it removed.
Matthew Stafford, 5019 -B River Avenue, stated that he wanted to make the
City Council aware that many of the players at the volleyball court are
is players landowners, taxpayers and area business owners. He thinks the
players act as positive role models.
Stan Hatch, Costa Mesa resident, stated that the court has been moved eight
feet closer to the water and that the players have made the effort to warm up
farther from the residences.
Joel Faucetta, 2402 '% West Oceanfront, stated that the parking lot adjacent
to the volleyball court has had a change in meter fees. He stated that it used
to be 25¢ for every hour and now if 25¢ for every fifteen minutes. He
stated that this has caused people to walk back and forth more often.
Curt Conlin, Costa Mesa resident, stated that the boardwalk and the beach
should be crowded. He thinks it's great that people use the recreational and
public facilities. He stated that bikers often block the boardwalk, but its not
related to the volleyball court. He stated that the volleyball players, once
told, have not sat on the walls of the nearby homeowners. Mr. Conlin stated
that he is in support of keeping the volleyball court where it is and even
adding another one at 26th Street if necessary.
Andy Reinking, 6001 Newport Shores Drive, stated that 319 signatures were
collected from Newport residents and businesses, and another 328 from non-
residents. He stated that the 647 signers were in support of keeping the
volleyball court at its current location. He said that in regards to the safety
issue and flying balls, he recently spoke to some Newport Beach police
• officers that were in the area. He asked them if the court had interfered or
caused any problem on the boardwalk, and the police could not recall any
problems as a result of the volleyball play.
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• Brad Dorfman, 2402 West Oceanfront, stated his support for either removing
the court or moving it to 2601 Street. He stated that the current area is not
suitable.
Grant Dietz, 118 24th Street, stated that he is probably impacted as much as
anyone by the volleyball court and he does not think that there's a safety
issue. He stated some of the homeowners in the area somehow feel that the
volleyball court is impacting their enjoyment of the beach and adding to the
congestion in the area. He added that twice the Parks, Beaches and
Recreation Commission voted 7 -0 to keep the court at its current location.
He said that the residents in the area should appreciate the benefits of living
so close to the beach, but that they should also understand that some
concessions have to be made.
Barry MacPherson, 15 Mcjo Court, stated that he plays volleyball and he
thinks that the issue has been discussed thoroughly. He supports the
current location of the volleyball court, and he thanked the City for
maintaining the courts.
Moses Mortazavi, 2406 West Oceanfront, stated that problems do exist with
noise and traffic. He said these problems have :increased, and he is in favor
of moving the court.
Council Member Ridgeway stated that he has observed the congestion on the
• boardwalk and he thinks that the residents who move into that area need to
accept what comes with the territory. He said that although people stopping
in front of homes cause some of the congestion, he has also noticed the
displacement of bathers caused by the volleyball court. Council Member
Ridgeway stated that the people displaced on the beach aren't present at the
current meeting and shouldn't be forgotten. He stated that he sees the
public beach as something that should be protected.
Council Member Ridgeway stated that he was prepared to make a motion to
remove the volleyball court from June 15th to September 15th, to
accommodate the bathers and tourists, but that he is now considering that
moving the court to a street end, such as 25th Street, might be more
appropriate. He is concerned that the current location is too close to the
parking lot, affecting the bathers and tourists. He added that the congestion
on the boardwalk will remain.
Motion by Council Member Ridgeway to authorize the removal of the
beach volleyball court at 2406 W. Oceanfront and the installation of a new
beach volleyball court at 25th Street, to be installed fifteen feet further out
than the current location.
Council Member Adams asked if the Parks, Beaches & Recreation
Commission discussed the option under consideration. Community Services
Director Kienitz stated that she did not recall this being discussed by the
Parks, Beaches & Recreation Commission. She stated that the
• recommendation came at the suggestion of the Fire & Marine Department.
Without objection, the motion carried by acclamation.
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— None.
ADJOURNMENT — The meeting was adjourned at 11:20 p.m. in the memory of Al
Brownell.
The agenda for the Regular Meeting was posted on June 23, 1999, at
3:30 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building. The supplemental agenda for the
Regular Meeting was posted on June 25, 1999, at 1:00 pan. on the City Hall
Bulletin Board located outside of the City of Newport Beach
Administration Building.
49
City Clerk
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Recording Secre
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o Mayor
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