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HomeMy WebLinkAbout08/26/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 26, 2003 - 7:00 p.m. STUDY SESSION - 4:00 p.m. INDEX CLOSED SESSION - 5:45 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: Proctor C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Ridgeway. E. INVOCATION - Patrick Thompson, Assistant to the Pastor, Presbyterian Church of the Covenant, Costa Mesa F. PRESENTATIONS City Arts Commission Chairperson Harrison introduced her fellow Commissioners and presented Arts Grants to the Ballet Montmartre, Ballet Pacifica, Baroque Music Festival, Festival Ballet Theater, Laguna Playhouse, Music Rainbow, Newport Beach Film Festival, Newport Beach Theater Company, Orange County Museum of Art, Pacific Chorale, Newport Beach Sister City Association, South Coast Repertory Theatre, Southland Opera, and STOP -GAP. Ms. Harrison also invited everyone to the final concert of the Concert in the Park series on September 21 at Grant Howald Park at 5:00 p.m. She also announced that, from September 21 to September 28, the Southern California Plein Air Painting Association will have artists painting around the Back Bay so residents can watch them, and the event will culminate at a gala at the Peter and Mary Muth Interpretive Center. She stated that any proceeds will go to the Upper Newport Bay Naturalists and Friends. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): Council Member Webb announced that tonight is Mayor Bromberg's Volume 56 - Page 353 City of Newport Beach Regular Meeting August 26, 2003 birthday. • Council Member Heffernan stated that he met with the finance staff regarding the impacts the State budget has on the City. He announced that the City will not be impacted since adjustments have already been made to the budget. • Council Member Heffernan requested a future study session item regarding whether the City should pay for and undertake a cell site strength survey. • Council Member Heffernan requested a report relative to the Newport Coast school circulation since there is ongoing congestion. • Council Member Heffernan requested a report on whether Council Member Nichols is automatically a,member of the Newport Coast Advisory Committee as per the annexation agreement. • Council Member Heffernan stated that Irvine has lit crosswalks on Michelson during the day and asked for a report on whether those types of lights could be installed in Corona del Mar where there are crosswalk issues. • Mayor Bromberg asked for a status report on the traffic synchronization project. • Council Member Nichols requested to see the results of the intersection study for Iris, Dahlia, and Orchid. He indicated that, if the yellow lights are going to be installed, he would like to see them synchronized with the stop lights. I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Removed at the request of an audience member. 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. RESOLUTIONS FOR ADOPTION 3. Removed at the request of an audience member. 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO EZ DISPOSAL. 1) Adopt Resolution of Intention No. 2003 -48 to award a Non- exclusive Solid Waste Franchise to EZ Disposal and schedule a public hearing for September 9: 2003; and 2) introduce Ordinance No. 2003 -15 granting a Non- exclusive Solid Waste Franchise to EZ Disposal and pass to second reading on September 9. 2003. Volume 56 - Page 354 INDEX Res 2003 -48 Ord 2003 -15 Non - exclusive Solid Waste Collection Franchise (42) City of Newport Beach Regular Meeting August 26, 2003 5. AUTOMATIC AID AGREEMENT FOR FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF COSTA MESA. Approve the agreement and authorize the Mayor to execute the agreement. 6. APPROVAL OF TASTE OF NEWPORT BANNERS — ENCROACHMENT PERMIT N2003 -0285. Conditionally approve the request of the Newport Harbor Area Chamber of Commerce for the installation of 217 banners from August 27, 2003 to September 23, 2003 for the annual Taste of Newport. 7. Removed at the request of Mayor Pro Tern Ridgeway. 8. Removed at the request of Mayor Pro Tern Ridgeway. 9. Removed at the request of Council Member Nichols. 10. Removed at the request of an audience member. 11. MEMORANDUM OF UNDERSTANDING (MOU) WITH PART - TIME UNIT, UPEC, LOCAL 777. Approve MOU. Motion by Mayor Pro Tem Ridgeway to approve the Consent Calendar, except for those items removed (1, 3, 7, 8, 9 and 10). The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 12, 2003. Jim Hildreth referenced page 336 and believed he did not say what was written. Further, the retention schedule does reflect pier permits. He indicated that the minutes do not reflect if he was wrong or does not show that anyone said his statements were incorrect. He added that he was never told that any records that he has been requesting have been destroyed other than the possible destruction of Building records. He believed that the City Clerk's comments should be expanded. He indicated that the City Manager stated that some records were destroyed based on State standards, but noted that the retention schedule indicates that these documents should be permanent. Motion by Mayor Pro Tern Ridgeway to waive reading of subject minutes, approve as written and order filed. Volume 56 - Page 355 INDEX C -3663 Automatic Aid (38) EPN2003 -0285! Taste of Newport Banners (65) C- 3362/Part -time Employees (38) City of Newport Beach Regular Meeting August 26, 2003 INDEX City Manager Bludau clarified that he has told Mr. Hildreth at previous Council meetings that the City has provided all the records it has regarding the property. He then directly told Mr. Hildreth that any records that have not been provided to him have been destroyed. Mr. Bludau added that staff does not take time to correct Mr. Hildreth every time he says something wrong because it would run the Council meeting too long. Mayor Bromberg reported that he has also told Mr. Hildreth on at least two occasions that the records have been destroyed. He stated that the fact that the City does not have paperwork to reflect this does not mean that the documents were not destroyed. He indicated that Mr. Hildreth's response is that if there are no records to show it, then they must not have been destroyed. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Abstain: Adams Absent: Proctor 3. ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE Res 2003 -47 TO: (A) EVALUATE THE LEGAL SERVICES PROVIDED BY City Council Ad Hoc THE CITY ATTORNEYS; (B) MAKE RECOMMENDATIONS Legal Services REGARDING THE SCOPE OF DESIRED SERVICES AND THE Committee PROCESS OF FILLING THE POSITION OF CITY ATTORNEY; (24) AND (C) DISCUSS MODIFICATIONS OF THE CURRENT AGREEMENT BETWEEN THE CITY AND THE CITY ATTORNEY. Jim Hildreth noted that City Attorney Burnham is not present. He reported that the City Attorney intends to retire and stated that he will miss him. He wished him well. He hoped that the replacement knows how to pass notes very well over the desk. Motion by Mayor Pro Tern Ridgeway to adopt Resolution No. 2003- 47 creating the City Council Ad Hoc Legal Services Committee and designate Mayor Bromberg, Mayor Pro Tem Ridgeway and Council Member Heffernan to the committee. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 7. NEWPORT ELEMENTARY SCHOOL PLAYGROUND C -3618 RESURFACING — COMPLETION AND ACCEPTANCE OF Newport Elementary CONTRACT (C- 3618). School Playground Resurfacing Mayor Pro Tern Ridgeway stated that the new blacktop at Newport (38) Elementary School is a welcome addition and a tremendous asset to the Peninsula. He noted that the resurfacing was completed on time and on budget, and was paid for by the school district and the City. Volume 56 - Page 356 City of Newport Beach Regular Meeting August 26, 2003 Motion by Mayor Pro Tem Ridgeway to 1) accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 8. BACK BAY SCIENCE CENTER - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH RON YEO, FAIA ARCHITECT, INC. Mayor Pro Tem Ridgeway stated that he supports the Back Bay Science Center and the preliminary design work; however, he expressed concern that the City did not interview a number of architects to determine their qualifications. He believed that the $360,000 fee, which does not include subconsultants, is extremely high for a $3.24 million project. Motion by Mayor Pro Tem Ridgeway to continue this item and look into soliciting other architects. Mayor Pro Tem Ridgeway believed that Ron Yen's last project in Balboa was overdesigned. Further, the City received no response regarding the change orders. He stated that he has a fiscal responsibility to the City. City Manager Bludau stated that the fee is about 10% which is standard. Mayor Pro Tem Ridgeway believed that it will end up being 16% to 17% when all the consultants are added. Public Works Director Badum stated that it appears that the fee is on the high side, but noted that Mr. Yeo will be serving several clients (i.e. the Department of Fish and Game and the Orange County Health Agency). He believed that some of the subconsultants are included in the cost, but they can reexamine this. Council Member Adams asked if staff could come back with justification to the current recommendation, rather than just look for another architect. Mayor Pro Tem Ridgeway indicated that staff can bring the item back, but believed that a sharper pencil needs to be used in order for him to approve it. Council Member Adams suggested that staff write a more detailed staff report justifying the procurement and the fee. Mayor Bromberg added that staff and the architect need to meet with Mayor Pro Tem Ridgeway. He believed that this may be nothing more than miscommunication. Mr. Bludau indicated that this can be brought back at a future meeting. Council Member Nichols requested information about what is going on at Shellmaker Island since it is supposed to be an environmental area Volume 56 - Page 357 INDEX C- 3481(D) BA -006 Back Bay Science Center (38/40) City of Newport Beach Regular Meeting August 26, 2003 and there is talk about placing quite a bit of equipment there. Mayor Pro Tem Ridgeway asked that Council Member Nichols be provided with previous staff reports. Mayor Bromberg suggested that the next staff report be more detailed and include past staff reports. Council Member Webb stated that, in his experiences with Mr. Yeo, he was always very responsive. Mayor Pro Tern Ridgeway amended his motion to continue the item. The amended motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor INDEX 9. APPROVAL OF ENCROACHMENT PERMIT NUMBER N2003-1 EPN2003 -0295/ 0295 TO ALLOW A CURB CUT IN SECOND AVENUE ADJACENT 428 Orchid Avenue TO 428 ORCHID AVENUE. (65) Council Member Nichols stated that it is natural for a front unit of a corner duplex to have a garage if possible. Motion by Council Member Nichols to 1) approve the request to allow a drive approach to a two -car garage on the southerly side of Second Avenue; and 2) direct staff to revise the corner lot exception to Council Policy L -2.C. The motion carried by the following roll call vote Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 10. NEWPORT HEIGHTS /CLIFF HAVEN NEIGHBORHOOD C -3532 TRAFFIC MANAGEMENT PROGRAM - APPROVAL OF Newport Heights/ PROFESSIONAL SERVICES AGREEMENT WITH KATZ, OKITSU Cliff Haven & ASSOCIATES. Neighborhood Traffic Management Program Tony Melum, Newport Beach, stated that Margaret Drive is part of (38) Newport Heights and they have unique concerns. He indicated that they would like to be able to make those concerns known to the City's consultant and volunteered his wife to serve on the workshops. Motion by Mayor Pro Tern Ridgeway to approve a Professional Services Agreement with Katz, Okitsu & Associates of Tustin for preparing the Newport Heights /Cliff Haven Neighborhood Traffic Management Program (NTMP) at a contract price of $84,990 and authorize the Mayor and City Clerk to execute the Agreement. Volume 56 - Page 358 City of Newport Beach Regular Meeting August 26, 2003 INDEX In response to Jim Hidreth's comments, Mayor Bromberg reminded him to speak to the issue, not about anyone speaking on the issue. Mr. Hildreth stated that he will get in touch with the traffic management program or the associates of that location. The motion carried by the following roll call vote Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor Referencing Item 11 (Memorandum of Understanding with Part -time Unit), City Manager Bludau reported that some information in the staff report is incorrect, but it is correct in the MOU. K. PUBLIC COMMENTS Robert Hanley announced that there will be a gathering of War Eagles (90th Bomb Group, aka the Jolly Rogers) at the Hyatt Newporter from tomorrow to Saturday. He asked that people remember where these gentlemen have been and what they did for the nation. Jim Hildreth requested documents and referenced the retention schedule that was adopted on August 12, 2003 which states that pier permits, docks, piers, and mooring records should be permanent. He believed that the records he is asking for should not have been destroyed and the City is in violation of its own ordinance. He noted that he has requested that an audit of Mr. Melum's office take place. He submitted another request for records. He added that he hopes the Grand Canal will not be converted into a parking structure. Mayor Bromberg assured Balboa Island residents that the Grand Canal will not be turned into a parking structure. City Clerk Harkless clarified that the records retention schedule that Council adopted on August 12, 2003 went into affect on August 12, 2003- She stated that any of the documents that Mr. Hildreth is requesting may not have necessarily had a retention of being a "permanent document" prior to August 12, 2003, and may very well have been destroyed. Brian Clarkson stated that some of the meetings run late and asked if a vending machine can be provided. He noted that it has been about 3%z meetings since Council Member Proctor has been in attendance and stated that this accounts for almost two months in which West Newport has not had representation. Paul Smith, Corona del Mar, referenced a newspaper article about trees. He read correspondence and presented photos showing nuisance Jasmine Avenue eucalyptus trees. Volume 56 - Page 359 City of Newport Beach Regular Meeting August 26, 2003 Mayor Bromberg reported that the G -1 policy, which covers some of Mr. Smith's issues, is being reviewed. He stated that there was a study session today on this and it will be discussed again at the September 9, 2003 study session at 4:00 p.m. Further, the policy can be accessed via the City's website and General Services Director Niederhaus can contact Mr. Smith if he provides his telephone number. Mr. Smith indicated that he will be out of town on September 9. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC). No report. Local Coastal Program Certification Committee. Mayor Pro Tem Ridgeway reported that the draft LCP has been reviewed by EQAC, EDC, all the department heads, and the LCP Committee. Further, it was also sent to the Coastal Commission who sent back a letter four weeks ago. He reported that, last Friday, City staff met with the Coastal Commission to review their comments and try to eliminate a number of their concerns. He stated that an LCP meeting will be scheduled after staff generates its comments. Newport Coast Advisory Committee. Council Member Heffernan announced that their next meeting will be held on September 3 at 5:00 p.m. at Newport Coast Elementary School. Mariners Joint Use Library Ad Hoc Steering Committee. No report. Other Committee Activities. No report. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 12. PLANNING COMMISSION AGENDA FOR AUGUST 21, 2003. Planning Director Temple stated that Item 1 was the approval of minutes and Item 3 (Bluffs Retail Center Sign Program) was continued. Regarding Item 2 (Parking Determination for Park Newport), Ms. Temple reported that there was a condition of approval 35 years ago that required Commission review of the parking plan; however, this did not happen. In 1989, the project came back for a seismic upgrade of the parking structure, a letter was written to Park Newport that the review had not occurred, but the review did not happen again. It was the determination of the Commission that, since there had never been a parking problem at Park Newport to their knowledge, the parking must be adequate for the project and so it was concluded that their parking is adequate. Regarding Item 4 (McDonald's Restaurant), Ms. Temple indicated that they re- noticed the public hearing since it had been awhile since the prior hearing took place. She stated that the applicant brought forward a redesigned project but the Commission was still unhappy with the design of the roof screening element for the mechanical equipment. She reported that the item was continued with more specific directive to the design team. This will hopefully come back at the next meeting. Volume 56 - Page 360 INDEX Planning (68) City of Newport Beach Regular Meeting August 26, 2003 Mayor Pro Tern Ridgeway stated that the owner of the house directly above McDonald's expressed concern about the voice box and the parking lot light that currently shines into his bedroom. Ms. Temple hoped that he contacts them so they can deal with those types of issues. N. PUBLIC HEARING V 13. LOCAL COASTAL PROGRAM LAND USE PLAN AMENDMENT NO, 2003 -003 FOR 1150 GRANVILLE AVENUE (PA2001 -161). Planning Director Temple reported that Council approved a General Plan and Zoning Amendment about a year ago for a small office site in Newport Center. She stated that the Local Coastal Program Amendment was inadvertently left out of the public hearing notice and not included in the resolution for approval. She noted that this is a housekeeping action that is consistent with the prior Council action to increase the allowed office entitlement at 1150 Granville Avenue from 5,000 square feet to 8,000 square feet. Motion by Council Member Adams to adopt Resolution No. 2003 -49 to approve Local Coastal Program Amendment No. 2003 -003. Mayor Bromberg opened the public hearing. There being no public testimony, he closed the public hearing. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: Proctor 14. ESTABLISHMENT OF A CITY COUNCIL AD HOC COMMITTEE TO CREATE A COOPERATIVE AGREEMENT BETWEEN THE CITY AND THE FRIENDS OF OASIS WITH THE APPOINTMENT OF TWO (2) COUNCIL MEMBERS BY THE MAYOR. City Manager Bludau reported that he spoke with the City Attorney who indicated that it would be appropriate to bring this item back. He stated that the Friends of Oasis leadership has proposed a change to the existing City policy. He indicated that the ad hoc committee will be sitting down with the Friends of Oasis leadership to talk about whether any changes to the current policy should be considered and possibly make recommendations to Council. Mayor Bromberg stated that it is his intention to appoint Mayor Pro Tem Ridgeway and Council Member Webb to the committee. Motion by Council Member Adams to 1) adopt Resolution No. 2003- 50 creating the Ad Hoc OASIS Cooperative Agreement Committee; and 2) confirm the Mayor's appointment of Mayor Pro Tern Ridgeway and Volume 56 - Page 361 INDEX Res 2003 -49 PA2001.161/ Local Coastal Program Amendment No. 2003 -0031 1150 Granville Avenue (68) Res 2003 -50 City Council Ad Hoc OASIS Committee (24) City of Newport Beach Regular Meeting August 26, 2003 Council Member Webb to serve on the committee. The motion carried by the following roll call vote: Ayes: Heffernan, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: Nichols Absent: Proctor P. CURRENT BUSINESS 15. ANALYSIS OF POLICE OPERATIONS — JULY 4, 2003. Police Chief McDonell utilized a PowerPoint presentation. He indicated that the Police Department has been forced to make July 4th an "all hands on deck" event in which almost everyone works and, as the activities grew, they found it necessary to bring in outside resources. He reported that their philosophy is to get out early- amongst the crowd and identify problem areas and individuals before they become significant. He believed that, for the most part, they were successful. He indicated that he would like to believe that their approach has not changed, but it was Council enacting the Safety Enhancement Zone that encouraged a more receptive audience for the communication process. He stated that they acknowledge that July 4th is a difficult day for West Newport residents. He emphasized that it is important to minimize the conflicts between pedestrians, vehicles, and bicycles, while still allowing emergency vehicle access, and pointed out that the only way to accomplish this is through street closures and associated restrictions. He stated that, through the work of Council, staff, and the community ad hoc committee, the Safety Enhancement Zone restricted the delivery of alcohol, funded additional officers, used outdoor portable lighting on Balboa Boulevard, provided portable restrooms and trash receptacles, and reduced some of the parking impacts in the adjoining neighborhoods outside the zone. He believed that the increased cooperation and communication between all of the affected groups resulted in a noticeable improvement on public safety and the perception of their safety. He added that Council's enactment of the zone resulted in a positive deterrent on individuals in the City on July 4th. Chief McDonell reported that they used Explorers to hand deliver notices to all area residents and provided property managers with additional information about the zone. He stated that their personnel heard the revelers talk about the tripled fines and the enactment of the zone provided another story for the media to carry. He added that they made an increased effort to reach the Inland Empire media to make sure that the impacts would be felt on a regional basis. He reported that the zone required a municipal code modification to triple the fines and restrict alcohol delivery from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th. He stated that they worked with the City Attorney's office and General Services to post signs at all the entrances into the zone. Chief McDonell displayed slides that showed their workload and depicted the shift in their use of administrative citations. He stated that Volume 56 - Page 362 INDEX July 4, 2003/ Analysis of Police Operations (70) City of Newport Beach Regular Meeting August 26, 2003 INDEX 64% of the arrests, 71% of administrative citations, and 50% of all the citations came from the zone. He reported that there was a 36% drop in the number of arrests this year compared to 2002 and a 46.6% drop compared to 2001; 51.6% of those arrested came from outside the City; there was a 9% drop in the number of citations issued; there was a 37% drop in vehicle code citations; and the number of disturbance advisements have been consistent. He indicated that they have made a concerted effort to rely more heavily on the City's administrative citation process since it accomplishes the objective without tying up the court calendar. He noted that, although the overall arrests were down, he is not suggesting that there were no events that had serious implications. Chief McDonell emphasized that no one has this type of operational plan without a significant amount of support. He stated that they were pleasantly surprised to see that there was a 37% drop in the amount of people processed through the field booking operation. He believed that the presence of all the officers was a deterrent. He pointed out that 2003 was the first year they established a drive -thru prisoner drop -off area. He reported that officers and deputies from nine different agencies were used in an effort to smooth out their transportation issues and ensure they had sufficient numbers to put a four - person team on almost every numbered street in the zone, River and Neptune areas, and the Triangle Shopping Center. He noted that having all the officers was costly to the City, but the results were beneficial. Chief McDonell played a video to show the level of activity and the tone of July 4th. He noted that the Police Department conducted briefings throughout the day and teamed outside personnel with City personnel to give them a sense of how they wanted the community to be treated. He stated that the Building Inspectors were able to clear out a number of rooftop parties without issuing any administrative citations. He reported that people see vacant properties and occupy them; however, the Police Department works with the rental companies to receive a list of vacant properties and they have the authority from the property owners to make arrests for trespassing on the properties. Chief McDonell added that the portable lights were effective. He noted that the sweep of Balboa Boulevard started at about 10:30 p.m. to convey to those remaining on the street that the party was over. He stated that there is always at least one van that loses its window by a detainee. Chief McDonell reported that the planning for 2004 has already begun. He stated that all the critiques have been completed by Police personnel to form the basis for future discussions with Police staff and community groups to refine the operational plan for next year. He asked that the City not get too complacent with the improvements made to this year's July 4th operation since there is still the potential for problems. He indicated that they do not know if the successes of this year will be long standing and they will not know unless there is several years of experience with the improvements firmly in place. He commended the City's personnel and the outside agencies for displaying a positive atmosphere. He added that they would not have been as successful without the outstanding job of the General Services Department. Chief McDonell believed that it was a good year, but they recommend that the Volume 56 - Page 363 City of Newport Beach Regular Meeting August 26, 2003 INDEX City stay the course with some refinements and improve the process over the next few years. Mayor Pro Tern Ridgeway reported that, a year ago, Council Member Heffernan was indignant about the activities in this area during July 4th. He stated that this was a call to arms and thanked Council Member Heffernan for doing this. He also thanked Chief McDonell and the five to nine officers who attended the July 4th West Newport Safety Planning Committee meetings. He believed that the City does need to stay the course so the problems do not ramp back up. He stated that he and Council Member Proctor would still volunteer on the committee, believing that it was sunsetted after one year. He added that he appreciated seeing in the video that keeping a friendly attitude was emphasized at the briefings. He stated that he has heard nothing but good things about the day. Council Member Heffernan noted that the fines were tripled in the zone and asked if there was a tally of what the City expects to collect. City Manager Bludau stated that he did not seek a tally since people may think the City was just in it for the money. He confirmed that the City is pursuing enforcement from the 231 people that were cited. Mayor Pro Tern Ridgeway indicated that he read that there were 1,224 administrative citations /arrests which, averaging $100 per person, would bring in a minimum of $120,000 when the City spent $150,000 for the day. Mayor Bromberg announced that the July 4th West Newport Safety Planning Committee is an ongoing committee and stays in affect until such time as the need for the committee no longer exists. He reported that the City did not know how the Safety Enhancement Zone was going to work out, but knew there were more problems every year. He believed that the City is getting there and agreed that it cannot be complacent. He reported that he drove around the area with Lieutenant Klein in an unmarked car at 10:30 p.m. He stated that Lieutenant Klein told him that, at 10:30 p.m. on July 4, 2002, the City was absolutely crazy; however, at 10:30 p.m. in 2003, it was a non - event. Mayor Bromberg expressed support of the Police Chiefs recommendation to hold the course. He believed that Captain Henisey's comment in the video that 98% of the people out there are good people was legitimate. He added that he has received many emails and calls from West Newport residents about July 4th thanking the City for what was done. Brian Clarkson, FreeNewport.com, thanked Chief McDonell for helping mediate City policy and make it arguably one of the best Fourth of July's in recent history. He added that the Police staff he worked with went above and beyond the call of duty in ensuring that all the officers conducted themselves respectfully and respected the public's civil rights. He stated that the officers introduced themselves to him and all the tenants in their designated areas, especially those hosting parties. He believed that, through this, they became their partners rather than their adversaries. He reported that their website has received zero complaints concerning the officers and actually received compliments which they forwarded to the Police Department. Mr. Clarkson believed Volume 56 - Page 364 City of Newport Beach Regular Meeting August 26, 2003 that the best thing Council did was to advertise that Newport Beach was not the place to go if you were looking to cause problems on the Fourth of July. Further, he commended the City on sending at least two mailers to all West Newport residents after the Fourth of July vote informing them of the laws and how issues can be avoided if they work together. He added that having the additional officers discouraged any problems and the lack of parking turned some visitors away. Regarding the triple fines, non - compliance fines, alcohol delivery and storage ordinances, and the Safety Enhancement Zone, Mr. Clarkson believed that the community must continue to analyze the effectiveness of each of these components and possibly consider others to achieve the proper balance of safety and personal freedoms. He stated that good things happen when the City works together with all the residents. Mayor Pro Tem Ridgeway thanked Mr. Clarkson for making those remarks. On behalf of Chief McDonell, Mayor Pro Tern Ridgeway publicly thanked Mr. Clarkson. He assured everyone that the City will continue to analyze each component of the ordinances and the Safety Enhancement Zone, and hopefully bring it back to the committee. Mayor Bromberg commended Mr. Clarkson for looking at the issues and being proactive. He announced that there will be fireworks at the Dunes next year. He stated that the City will follow the Police Chiefs recommendation and thanked the Police Department for working with the community. Q. MOTION FOR RECONSIDERATION — None. R. ADJOURNMENT — 5:42 p.m. The agenda for the Regular Meeting was posted on August 20, 2003, 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 Volume 56 - Page 365 INDEX