HomeMy WebLinkAbout06/22/2004 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
June 22, 2004 - 7:00 p.m.
STUDY SESSION - 4:00 p.m.
INDEX
CLOSED SESSION - None.
A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
B. ROLL CALL
Present: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Absent: None
C. CLOSED SESSION REPORT - None.
D. PLEDGE OF ALLEGIANCE - Council Member Webb.
E. INVOCATION - Moment of Silence.
F. PRESENTATIONS
Jon Reynolds, Chairman of the American Legion 4m of July Old Glory Boat
Parade, invited everyone to join this patriotic event that starts at 1 p.m. off of
Collins. He stated that they lengthened the route and provided Council with a
copy of the parade route. He reported that people can get their parade packet at
the American Legion at 215 15th Street. He announced that there will be an
awards banquet on July 17 at the American Legion at a cost of $15 per person.
Mr. Reynolds displayed the poster which is original artwork by Steven Simon.
He stated that they believe that over 100 boats will participate and noted that
there is no registration fee. He directed people to www.al29Lcom to view
pictures from past parades. He announced that he received a lot of help from
Gay Wassall -Kelly and her husband, Bill.
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 reported that there was a fatal accident at the
intersection of Bristol and Campus due to a vehicle running a red light.
He stated that three of the intersections in the airport area are the top
intersections in the community that have accidents. He asked that staff
find out if those accidents are predominantly due to running red lights
and investigate the possibility of installing red light cameras at some of
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City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
the worst intersections.
• Council Member Webb stated that the City is getting more traffic calming
requests from neighborhoods. He noted that in 2000 or 2001, the City did
an extensive program on the types of traffic calming measures and
procedures were suggested about how to implement those programs. He
indicated that this was presented to Council at a Study Session, but staff
was not given guidance on whether to implement the report. He
requested a Study Session in August or September to review the report
and make recommendations on how to handle the requests.
• Council Member Webb stated that Council received a letter from a lady in
the West Newport assessment district who indicated that she may not be
able to afford the assessment. He noted that there are procedures for
people who have a hardship and asked staff to put together a handout
that explains what a hardship is and what measure the City may use to
help the individual overcome the hardship so there is as much support for
the assessment districts as possible.
• Council Member Webb reported that Kathy Harrison has been the
chairperson for the City Arts Commission for the last two years and still
has one more year left in her term. He complimented her on the
wonderful job she has done in bringing events to the City.
I. CONSENT CALENDAR
READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF JUNE S, 2004. 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.
ORDINANCES FOR INTRODUCTION
3. AWARD OF NON- EXCLUSIVE SOLID WASTE COLLECTION
Non - Exclusive
FRANCHISE TO GOODWIN ENTERPRISES, INC. 1) Adopt
Solid Waste
Resolution of Intention No. 2004 -52 to award a Non - exclusive Solid
Collection
Waste Franchise to Goodwin Enterprises, Inc. and schedule a public
Franchise
hearing for July 13, 2004; and 2) introduce Ordinance No. 2004 -14
(42/100 -2004)
granting a Non - exclusive Solid Waste Franchise to Goodwin Enterprises,
Inc. and pass to second reading on July 13, 2004.
ORDINANCES FOR ADOPTION
4. Removed at the request of Council Member Heffernan.
5. CORPORATE PLAZA PLANNED COMMUNITY AMENDMENT -
(100 -2004)
PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT
NO. 2004 -002 (PA2004 -073). Adopt Ordinance No. 2004 -13 approving
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City of Newport Beach
Regular Meeting
June 22, 2004
110/70/4
Volume 56 - Page 1014
Planned Community Development Plan Amendment No. 2004 -002.
(Council Member Heffernan recused himself on this item)
RESOLUTIONS FOR ADOPTION
6.
GENERAL MUNICIPAL ELECTION - NOVEMBER 2, 2004:
General Municipal
ADOPTION OF RESOLUTIONS CALLING THE ELECTION AND
Election/
REQUESTING CONSOLIDATION WITH THE STATEWIDE
November 2, 2004
GENERAL ELECTION. Adopt the following Resolutions pertaining to
(32/100 -2004)
the General Municipal Election scheduled for Tuesday, November 2, 2004
pursuant to Section 1000 of the City Charter: a) Resolution No. 2004 -53
Calling and Giving Notice of the Holding of a General Municipal Election
to be Held on Tuesday, November 2, 2004, for the Election of Members of
the City Council as Required by the Provisions of the City Charter; and b)
Resolution No. 2004 -54 Requesting the Board of Supervisors of the
County of Orange to Consolidate a General Municipal Election to be Held
on Tuesday, November 2, 2004, with the Statewide General Election to be
Held on the Same Date Pursuant to Section 10403 of the Elections Code.
7.
RECYCLING SERVICE FEE. Adopt Resolution No. 2004 -55
(100 -2004)
authorizing the recycling service fee to be set at $2.81 per month per
residential unit effective July 1, 2004.
8.
Removed at the request of Council Member Nichols.
9.
SALE OF BONDS FOR UNDERGROUND ASSESSMENT
Assessment
DISTRICT NO. 75 BALBOA BUSINESS DISTRICT. Adopt
District No. 75/
Resolution No. 2004 -57 which sets forth the terms and conditions for the
Balboa Business
sale of bonds and approves the Purchase Agreement submitted by the
District (89/100 -2004)
designated underwriter for Assessment District No. 75.
CONTRACTS AND AGREEMENTS
10.
LEGAL ADVERTISING BID FOR FISCAL YEAR 2004 -2005. Accept
Legal Advertising
the bid of the Daily Pilot and authorize a purchase order for the one -year
(32/100 -2004)
period of fiscal year 2004 -2005.
11.
BAY AVENUE AREA STREET AND DRAINAGE IMPROVEMENTS
C -3695
- APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
Bay Avenue
WITH PENCO ENGINEERING, INC. FOR DESIGN SERVICES
Area Street and
(C- 3695). 1) Approve a Professional Services Agreement with Penco
Drainage
Engineering, Inc. of Irvine for preliminary and final design services for
Improvements
the Bay Avenue area at a contract price of $175,314 and authorize the
(38/100 -2004)
Mayor and the City Clerk to execute the Agreement; and 2) approve a
budget amendment (04BA -073) transferring $76,385 from Engineering
Services Professional and Technical, account 5100 -8080 to General Fund
- Bay Avenue Street and Drainage Improvement, account 7013 -
05100759, and $98,929 from Gas Tax - Balboa Island Pavement
Improvement, account 7181- C5100645 to Gas Tax - Bay Avenue Street
and Drainage Improvements account, 7181- C5100759.
12.
CAMEO SHORES SEWER FORCE MAIN - COMPLETION AND
C -3646
ACCEPTANCE OF CONTRACT (C- 3646). 1) Accept the work;
Cameo Shores
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City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
Volume 56 - Page 1015
2) authorize the City Clerk to file a Notice of Completion; 3) authorize the
Sewer Force Main
City Clerk to release the Labor and Materials bond 35 days after the
(38/100 -2004)
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.
13.
NEWPORT BOULEVARD AND BALBOA BOULEVARD MERGER
C -3654
(MIXMASTER) - COMPLETION AND ACCEPTANCE OF
Newport Blvd. and
CONTRACT (C- 3654). 1) Accept the work; 2) authorize the City Clerk
Balboa Blvd. Merger
to file a Notice of Completion; 3) authorize the City Clerk to release the
(Mixmaster)
Labor and Materials bond 35 days after the Notice of Completion has
(38/100 -2004)
been recorded in accordance with applicable portions of the Civil Code;
and 4) release the Faithful Performance Bond one (1) year after Council
acceptance.
14.
NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM
C -3649
26TH STREET NORTHERLY - COMPLETION AND ACCEPTANCE
Newport Blvd.
OF CONTRACT (C- 3649). 1) Accept the work; 2) authorize the City
Pavement Rehab
Clerk to file a Notice of Completion; 3) authorize the City Clerk to release
(38/100 -2004)
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.
15.
STREET LIGHT REPLACEMENT PROGRAM (FY2002 -03)
C -3447
SHORECLIFFS, CAMEO SHORES, AND CAMEO HIGHLANDS -
Street Light
COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3447).
Replacement
1) Accept the work; 2) authorize the City Clerk to file a Notice of
Program
Completion; 3) authorize the City Clerk to release the Labor and
(38/100 -2004)
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.
16.
CORONA DEL MAR AREA PAVEMENT REHABILITATION -
C -3650
AWARD OF CONTRACT (C- 3650). 1) Approve the plans and
CdM Area Pavement
specifications; 2) award the contract (C -3650) to Orion Contracting for the
Rehabilitation
total bid price of $892,660 and authorize the Mayor and the City Clerk to
(38/100 -2004)
execute the contract; 3) establish an amount of $89,000 to cover the cost
of unforeseen work; 4) approve Geotechnical and /or Survey work in the
amount of $21,000; and 5) approve a budget amendment (04BA -072)
transferring the appropriation of $200,000 from Street and Bikeway
Improvements, account 7181- C5100302 and $190,660 from the Newport
Boulevard, Lindo Avenue, 28th, 30th, Clay, Coral, and 15th Street
Improvements, account 7181- C5100729 to Corona del Mar Pavement
Rehabilitation, account 7181- C5100730.
17.
GRANT HOWALD - COMMUNITY YOUTH CENTER
C -3634
BASKETBALL COURT REPLACEMENT - AWARD OF
Grant Howald
CONTRACT (C- 3634). 1) Approve the plans and specifications;
Basketball Court
2) award a contract (C -3634) to International Pavement Solutions, Inc.
Replacement
for the total bid price of $67,720 and authorize the Mayor and the City
(38/100 -2004)
Clerk to execute the contract; 3) establish an amount of $6,700 to cover
the cost of unforeseen work; 4) approve Geotechnical and /or Survey work
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City of Newport Beach
Regular Meeting
June 22, 2004
in the amount of $1,000; and 5) approve a budget amendment (04BA -074)
to appropriate an additional $15,420 in the Contributions - CYC
Basketball Court Replacement account, 7251- C4120718 and to increase
revenue estimates by the same amount in account 250 -4847, Per Capita
Program 2002 Bond Act.
18. NEWPORT VILLAGE PARK DESIGN (C -3633) - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH HALL &
FOREMAN. 1) Approve a budget amendment (04BA -075) in the amount
of $8,950 from the Unappropriated General Fund balance, 010 -3605, to
Newport Village Park Design, 7015- C4120656; and 2) approve a
Professional Services Agreement with Hall & Foreman, Inc. of Irvine for
planning and design services at a contract price of $128,950 and
authorize the Mayor and City Clerk to execute the Agreement.
19. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND
ASSESSMENT DISTRICT NO. 100 (AREA BOUNDED BY WEST
BALBOA BOULEVARD, WEST OCEAN FRONT, ISLAND AVENUE
AND 13TH STREET). 1) Approve a budget amendment (04BA -076)
authorizing an advance from the General Fund in amount of $110,650 to
Assessment District No. 100 and appropriate $67,200 to 74100 -9810 for
SCE electric design, $22,000 to 74100 -9811 for SBC phone design, and
$21,450 to 74100 -9812 for assessment engineering services; and
2) authorize the City Manager to execute a Professional Services
Agreement with Hall & Foreman, Inc. in the not to exceed amount of
$21,450 for assessment engineering services.
20. SEMENIUK SLOUGH PRELIMINARY ENGINEERING STUDY
(C -3636) - APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT WITH NOBLE CONSULTANTS, INC. Approve a
Professional Services Agreement with 'noble Consultants, Inc. of Irvine
for a preliminary dredging investigation in the Semeniuk Slough at a
contract price of $39,203 and authorize the Mayor and the City Clerk to
execute the Agreement.
21. BIG CANYON RESERVOIR FLOATING COVER AND
DISINFECTION IMPROVEMENTS (C -3037) - STATUS REPORT
AND AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH TETRA TECH, INC. 1) Receive and file status
report; and 2) approve Amendment No. 1 to Professional Services
Agreement with Tetra Tech, Inc. for construction support services for an
increased fee of $36,000.
22. AUTHORIZATION TO PURCHASE POLICE MOBILE VIDEO
SYSTEMS. 1) Approve an expenditure of $238,060 to purchase 31
Mobile Video Systems for use in all marked Police vehicles of the
Newport Beach Police Department; 2) award bid to Kustom Signals, Inc.
and authorize the Police Chief to negotiate a contract with the vendor,
subject to approval by the City Attorney's Office and the City Manager;
and 3) approve a budget amendment (04BA -077) of $13,060 from the
General Fund Unappropriated Reserve to Account #1820 -9015.
Volume 56 - Page 1016
INDEX
C -3633
Newport Village
Park Design
(38/100 -2004)
Underground
Assessment
District 100
(891100 -2004)
C -3636
Semeniuk Slough
Preliminary
Engineering Study
(38/100 -2004)
C -3037
Big Canyon
Reservoir Floating
Cover and
Disinfection
Improvements
(38/100 -2004)
C -3047
Police Mobile
Video Systems
(38/100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
23. GREEN ACRES PROJECT - DOMESTIC SWIVEL ELL
CONNECTIONS FOR NEWPORT BEACH AND BIG CANYON
COUNTRY CLUBS - AWARD OF CONTRACT (C- 3698). 1) Approve
the plans and specifications; 2) award the contract (C -3698) to GCI
Construction for the total bid price of $196,600 and authorize the Mayor
and the City Clerk to execute the contract; 3) establish an amount of
$20,000 to cover the cost of unforeseen work; and 4) approve a budget
amendment (04BA -078) increasing revenue estimates in the Water Fund,
500 -5901, by $125,256 and increasing expenditure appropriations in the
amount of $216,600 in Account No. 7501- C5500075 using $91,344 from
Water Enterprise Fund Future Infrastructure Reserve 500 -3785.
MISCELLANEOUS ACTIONS
24. Removed at the request of Council Member Nichols.
25. ADOPT A NEW COUNCIL POLICY FOR DISPLAYING FLAGS ON
CITY BRIDGES (contd. from 5/25/04). 1) Adopt a new Council policy,
L -24, for displaying flags on City bridges; and 2) direct staff to prepare
and execute Encroachment Permit /Agreements with the Lido Isle
Community Association and the Balboa Island Improvement Association
for the installation, maintenance and removal of flags on Via Lido Bridge
and Marine Avenue Bridge.
26. RECOMMENDATION FROM ECONOMIC DEVELOPMENT
COMMITTEE (EDC) TO FILL EDC VACANCY. Fill current EDC
vacancy by appointing Ms. Jeannette Thomas as "at- large"
representative.
27. Removed at the request of Council Member Nichols.
28. REVISIONS TO APPEAL AND CALL FOR REVIEW
PROCEDURES - CODE AMENDMENT NO. 2004 -002 (PA2004 -025)
(contd. from 6/8/04). Continue to July 13, 2004.
539. Removed at the request of Mayor Ridgeway.
Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except
for those items removed (4, 8, 24, 27 and S39), and noting the recusal of Council
Member Heffernan on Item 5.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
Mayor Ridgeway announced that Mayor Pro Tern Adams will be catching a red-
eye flight tonight to New York. He asked that Item 34 be considered now so
Mayor Pro Tem Adams can vote on the item.
Volume 56 - Page 1017
INDEX
C -3698
Green Acres Project
(38/100 -2004)
(100 -2004)
(100 -2004)
(100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
Motion by Mayor Ridgeway to take Item 34 out of order.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
N. CONTINUED BUSINESS
34. APPOINTMENTS TO BOARDS AND COMMISSIONS.
Mayor Ridgeway noted that Greg George requested that his application
for the Planning Commission be withdrawn.
City Clerk Harkless read the ballot votes for the Board of Library
Trustees as follows:
Byron Williams (Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols,
Mayor Ridgeway)
City Clerk Harkless announced that Byron Williams is appointed to the
Board of Library Trustees.
City Clerk Harkless read the ballot votes for the City Arts Commission as
follows:
Arlene Cartozian (Rosansky, Adams, Bromberg, Webb, ?Nichols, Mayor
Ridgeway)
Carol Starcevic (Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols,
Mayor Ridgeway)
City Clerk Harkless announced that Arlene Cartozian is reappointed and
Carol Starcevic is appointed to the City Arts Commission.
City Clerk Harkless read the ballot votes for the Civil Service Board as
follows:
Paula Godfrey (Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor
Ridgeway)
Doug Wood (Heffernan, Rosansky, Adams, Bromberg, Webb, Mayor
Ridgeway)
Charles Gross (Nichols)
Marianne Zippi (Nichols)
City Clerk Harkless announced that Paula Godfrey and Doug Wood are
reappointed to the Civil Service Board.
City Clerk Harkless read the ballot votes for the Harbor Commission as
follows:
Volume 56 - Page 1018
INDEX
(100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
J
Marshall Duffield (Heffernan, Rosansky, Adams, Bromberg, Webb,
Nichols, Mayor Ridgeway)
City Clerk Harkless announced that Marshall Duffield is reappointed to
the Harbor Commission.
City Clerk Harkless read the ballot votes for the Parks, Beaches &
Recreation Commission as follows:
Debra Allen (Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols,
Mayor Ridgeway)
City Clerk Harkless announced that Debra Allen is reappointed to the
Parks, Beaches & Recreation Commission.
City Clerk Harkless read the ballot votes for the Planning Commission as
follows:
Jeffrey Cole (Heffernan, Rosansky, Adams, Bromberg, Mayor Ridgeway)
Robert Hawkins ( Rosansky, Bromberg, Webb, Nichols)
Leslie Daigle (Heffernan, Adams, Webb, Nichols, Mayor Ridgeway)
City Clerk Harkless announced that Jeffrey Cole is reappointed and
Leslie Daigle is appointed to the Planning Commission.
Mayor Ridgeway congratulated everyone who was appointed. He also
thanked everyone who applied for the positions and noted that their
applications will be kept on file.
PUBLIC HEARINGS
29. JOSH SLOCUM'S DINNER AND SUPPER CLUB - USE PERMIT
NO. 2003 -036 (PA2003 -220) - 2601 WEST COAST HIGHWAY.
Associate Planner Ung reported that the site was first developed as a
restaurant in 1968, prior to the requirement of a use permit. She stated
that, since the site did not provide the required on -site parking spaces, an
off -site parking agreement was approved and implemented. She
indicated that the off -site parking agreement was modified in 1977 and
was subject to six conditions of approval when the establishment changed
ownership. She stated that the site came under new management in
2001 and live entertainment and dancing was introduced. She reported
that, since they require a cover charge in the late evening, this changed
the establishment to a nightclub operation that requires a use permit.
She indicated that code enforcement did not prove effective in convincing
the operator to obtain a use permit and the matter was referred to the
City Attorney's office for legal action. She reported that the City and
operator settled the matter so that the operator would seek all necessary
permits and the City would consider issuing special event permits. She
stated that the applicant filed a use permit application in September
2003 to expand the hours to provide lunch service, expand the occupancy,
and operate a nightclub after 9 p.m. with live entertainment and dancing.
She reported that the application has two separate floor plans for the full-
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INDEX
Use Permit
No. 2003 -036/
Josh Slocum's
Dinner and
Supper Club
(88/100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
service dining operation with an occupancy of 140 people and the
nightclub with an occupancy of 190 people. Ms. Ung reported that the
Planning Commission considered the application on May 6 and only
allowed the expansion of the legal nonconforming restaurant, but denied
the nightclub request based on noise complaints, traffic issues, access
issues, and public safety concerns raised by the Police Department. She
stated that four people spoke against the application and reported that
the applicant filed an appeal. Ms. Ung reported that, based on the
concerns in the Planning Commission report and the public testimony,
staff recommends that Council approve the recommendation in the staff
report. She noted that the Commission received a letter in opposition to
the live entertainment and dancing request, and it has been forwarded to
Council.
In response to Mayor Pro Tem Adams' questions, Ms. Ung stated that the
City has permission on file for the applicant to represent the owner of the
property. She reported that the applicant is planning to change the dock
configuration from three slips to one. City Attorney Burnham added that
one of the conditions limits the use of the facility to a single private vessel
for private purposes, not charter activities. Ms. Ung confirmed that
dancing and DJ activities have continued, even though it is not consistent
with their entitlement. Mr. Burnham stated that there is ongoing
disagreement between his office and the property owner's representatives
about this, which resulted in the lawsuit that was filed against the
establishment. He explained that a stipulation was filed with the court
that required the applicant to submit a use permit application that would
authorize dancing and live entertainment; however, the applicant
believes they have a nonconforming right to continue to utilize a DJ and
offer dancing under their operation as it existed prior to the
establishment of the use permit requirement. He believed that the
ongoing dispute was not resolved in the stipulation. He added that they
proposed language in a draft of the stipulation that states there will be no
dancing, but the language was removed at the request of the applicant
and, in its place, they put in a provision which states that the applicant
shall only engage in activities to the extent permitted by the code. Mr.
Burnham confirmed that the City did not take any code enforcement
action because they were not advised by staff that there was any violation
from the date the stipulation was approved to today. Further, there was
a disagreement about what the applicant could do during that period. He
explained that the stipulation essentially required the City to issue a
special events permit that would allow the applicant to test the acoustics
of the facility under live conditions. He stated that the initial acoustical
test gave all the information that was necessary to process the
application. Further, the stipulation also called for the submission of the
use permit application with the understanding that, if the use permit was
denied, then the court would retain jurisdiction and the applicant would
retain its rights to argue that they had nonconforming rights to offer
dancing and utilize a DJ.
In response to Council questions, Captain Riley displayed a book
containing calls for service, crime reports, and incidents that the Police
Department has responded to over the past 12 months. He reported that
the 158 calls for service since June 1, 2003 were due to drunks,
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City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
disturbances, drunk driving, keeping the peace, batteries, assault with a
deadly weapon, vandalism, trespassing, drunk in public, business and
professions code violations (alcohol - related issues), fights, and municipal
code violations. He added that they have taken 30 reports at the location
that involve vandalisms, suspicious circumstances, assault with a deadly
weapon, petty thefts, batteries, and possession of marijuana. He
confirmed that these activities occur primarily after 9 p.m. and noted that
there is no other place in the community that has a record close to this.
Captain Riley clarified that, after running the location address into their
computer, it brings up any address and name mentioned on or about that
location. However, he confirmed that the 30 reports either mention the
restaurant or the incidents occurred at the scene.
Ms. Ung confirmed for Mayor Pro Tern Adams that they serve lunch and
dinner on Saturdays and Sundays. She reported that they currently
operate from 5 p.m. to 2 a.m., but cannot serve lunch without
discretionary approval. She stated that the current hours of operation
were stipulated by the 1997 parking agreement. She indicated that they
do not have information as to why the operation was started at that time,
but the conditions set their hours of operation between 4:30 p.m. and 2:00
a.m., Monday to Saturday. Planning Director Temple added that there
was a succession of off -site parking agreements and arrangements
approved by the City over the years. She stated that they were
sometimes related to change of location or expansion of the floor area of
the operation; however, the records were not clear.
Jim Hildreth, Newport Beach, asked if the City is picking on Josh
Slocum's because of the resident that just sold his property. He believed
that the establishment has good ambiance and food, and there are people
who want to patronize this establishment. He believed that it is
inappropriate for the City to take on this attitude.
Bill Hodge, representing Josh Slocum's Restaurant, presented Council
with a handout. He reported that the use permit request would expand
the dining capacity by ten seats, allow entertainment and dancing with a
capacity of up to 190 people after 9 p.m., approve an additional off -site
parking agreement across the street to bring the property up to code, and
allow live entertainment. He noted that he has a copy of the settlement
agreement but it is unsigned; however, it directs them to retain a noise
consultant, secure a City permit to test live entertainment to do an
acoustical study to determine if the restaurant is operating at a decibel
level that was above City standards, compile the noise study results and
then do improvements to ameliorate any noise impacts that were
identified, file for a use permit to allow live entertainment, and have the
court retain jurisdiction in the event the permit was not issued.
Mr. Hodges reported that the acoustical consultant evaluated noise at six
locations, including two on Lido Isle, and determined that the sound from
Josh Slocum's was within the City's standard of 50 dB in residential
areas and 60 dB in commercial areas. He stated that they agreed to
implement further sound attenuation measures in order to ensure they
were good neighbors. Regarding parking and circulation, he stated that
the project will be to code through the use of the off -site agreement. He
noted that they changed the number of boat slips because it was the
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City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
reason they were three or four parking spaces short. He reported that
the plan they developed would fill the off -site parking spots first in order
to keep the parking on the premises open to allow better circulation; split
the valets between the establishment parking lot and the lot across the
street; utilize the pedestrian - protected crossing at the signalized
intersection; and assist in the intersection upgrade.
Mr. Hodges reported that the restaurant employs eight security guards
who are identified with shirts; the line in front of the restaurant will be
limited; if those waiting in line need to use the restroom, they will be
taken to the restroom so access can still be controlled; and they have two
control points. He indicated that he went to the Police Department after
the Commission hearing and filed a request to look at their information,
but he was not contacted and was surprised to hear some of the things
that were said tonight. He believed that they are not near the highest
volume of reporting calls in the City.
Mr. Hodges believed that Josh Slocum's Dinner and Supper Club
provides an upscale dining and dancing experience for residents and
visitors. He stated that they desire to continue a working relationship
with the City that was established through the settlement agreement and
through this process. He noted that Pat Connors, Vice President of
Operations for Random Interactive, Inc., who manages the restaurant
and is responsible for its operation is present tonight. Mr. Hodges stated
that they wish to enjoy the same business uses as other restaurants. He
expressed the opinion that it does not make sense to accept a use permit
with 44 conditions just to add ten seats to the restaurant. However, he
noted that they were willing to accept the 68 conditions that were
proposed by staff relative to dancing and entertainment. He believed
that the City would be in a much better position to issue the use permit
with 68 conditions and then take a chance on this going to further
litigation. He stated that they are willing to implement additional noise
measures and cooperate with the intersection improvements. He
believed that, from the beginning, they have talked about having live
entertainment one night a week and they are willing to stop this at
midnight as a further way to ameliorate any noise impact that could be
perceived.
Mr. Hodges stated that the current maximum occupancy in the
restaurant is 133. He noted that they initially requested an occupancy
higher than 190, but they lowered it to try to answer some of the
concerns. Mayor Pro Tern Adams expressed concern that they are
requesting a lot higher density than what exists today. Mr. Hodges noted
that noise improvements were implemented as a result of the acoustical
study, adding that they even installed a switch for the manager that
doesn't allow the DJ to go above a certain level. He assured Council that
people can tell who security personnel are in the restaurant, they have
closed down the parking lot when it is at capacity, and they allow people
to use the restroom facility if they are in line. He stated that they are
contemplating having one live entertainment permit a week, but they
would be open to a condition that limits this number.
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City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
Mr. Hodges reported that security is also out in the parking lot during
hours of operation. Council Member Bromberg stated that he drove by
the restaurant over the weekend and someone was throwing up in the
street and another person was flipping cars off as they drove by.
Mr. Hodges emphasized that those kinds of behavior are unacceptable
and their security would be set up to try to deal with it. Council Member
Bromberg expressed concern that changing to a nightclub would
exasperate the problem.
Council Member Webb asked how many people are necessary before they
turn people away in line. Mr. Hodges stated that the line is currently
restricted based on parking capacity, but they are willing to look at a
number that makes sense as to what creates an impediment to
circulation in the parking lot. He reported that they now have four valets
who try to immediately run the cars across the street, they come back at
the signalized intersection, and then they take the next group of cars
over. He stated that occasionally there will be a backup like any
restaurant in that area. Council Member Webb noted that the site is
extremely tight and questioned whether the City wants to look at
increasing its density.
Mayor Pro Tem Adams left the meeting at 7:57 p.m.
Roger Grable stated that he was the attorney that represented the
applicant when this enforcement action came up. He indicated that,
when he first became involved, the original noise complaints were from
two neighbors who were living in a nonconforming residence immediately
adjacent to the restaurant. He stated that the restaurant voluntarily
made changes acoustically that addressed their problems and noted that
they weren't getting complaints from Lido Isle. He pointed out that the
judgment was designed to give them the opportunity to test live
entertainment. He explained that they did not apply for the second
permit because the acoustical test indicated that they did not need to do
any further modifications. He noted that they had live entertainment,
recorded music, and dancing over the years, so they felt they had a good
argument for this to continue. However, as part of the judgment, they
agreed to put these issues aside on the basis that they would evaluate the
potential for live entertainment and then come to the City for a use
permit so the City could regulate the issues they were concerned about
and give Josh Slocum's an opportunity to have an operation that was
more like others in the area. Mr. Grable emphasized that dancing was
never something they agreed they could not do and added that this was
not covered in the judgment. He stated that they do not allow people to
dance there as part of the dinner section, explaining that they close the
restaurant, move tables, and then charge admission. He noted that,
according to the City's code, a cafe dance permit is only required if the
restaurant does not charge admission. He stated that they feel they were
acting in good faith, noting that no one told them that they weren't. He
requested that they be given the opportunity to review the police reports
if Council was going to base their decision on them. He stated that he
constantly talks with Mr. Connors who indicated that they only had one
fight at the location since January. He indicated that they would prefer
that this be continued in order to review the police reports.
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City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
In response to Council Member Rosansky's questions, Mr. Hodges
believed that iMargaritaville, Villa Nova, Billy's at the Beach, and Joe's
Crab Shack have dancing and /or live entertainment. He noted that Villa
Nova also has limited on -site parking and has a valet parking system.
He agreed that Villa Nova has two driveways and a piano bar, and
confirmed that Margaritaville has a significant parking lot and a
municipal lot behind it.
Mayor Ridgeway indicated that he is not persuaded by the Police reports
and he is satisfied that Josh Slocum's can mitigate the noise. However,
he is not favorably inclined knowing the traffic situation, the intensity of
use, and inability to deal with the crowds. He agreed that they have a
right to review the file.
Motion by Mayor Ridgeway to continue the item to the July 13, 2004
Council meeting.
Council Member Webb indicated that he is concerned with the Police
reports and requested a summary of the types of complaints and whether
they apply to Josh Slocum's.
Council Member Heffernan stated that he is not sure why they are
considering extending the hours when the establishment is shoe - horned
in there with no general circulation. He noted that they are only going to
have one guard per 200 square feet and believed that this is a very active
late night use on a site that is ill- equipped to handle the density. He
indicated that he is in favor of upholding the Commission's decision, but
his mind is always open and he will hear this de novo.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
K. PUBLIC COMMENTS
• Robert Walchli, Corona del Mar, requested that Council adopt an
emergency ordinance to prohibit the installation of any rooftop canopy,
shrub, or other object that exceeds the maximum legal building height
and negatively impacts the views or light of neighboring properties. He
believed that Council passed two ordinances in midnight sessions that
may damage property values in Corona del Mar, and asked that Council
take the same consideration on an ordinance designed to protect the
property rights and values of view properties throughout Newport Beach.
Mr. Walchli also requested an ordinance which deals with construction
dust and requires the Police Department to enforce AQMD Rule 402. He
requested that the City require building permittees to sign a statement
that indicates they understand the dust law and will be cited for
violations. He added that every job site should have a sign posted with a
phone number so the public can report violations. He believed that, if the
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City of Newport Beach
Regular Meeting
June 22, 2004
City does not take steps to protect the property and health of the public,
it could be held legally responsible. He stated that he could email or fax
his statement to the City Attorney.
• Jim Hildreth, Newport Beach, discussed the City's website concerning
him. He referenced the seventh key point and stated that the old harbor
permits for the Grand Canal have never been presented to him. He
believed that the City does not want to retain records more than two
years, but the County's marine department has records dated back
50 years. He stated that he presented documentation that, for J. M.
Hildreth, the billing records state it was a pier permit, even though piers
are not allowed in the Grand Canal. He indicated that someone has an
access structure they want to put in the Grand Canal, but there is no
permit they can fill out. He believed that the City has acknowledged that
the location of the Grand Canal for J. M. Hildreth is an access structure.
• BJ Johnson, on behalf of the Corona del Mar Centennial Committee,
invited Council as their VIP guests to their first event on July 15 at
Sherman Gardens from 5 p.m. to 9 p.m. to help launch their centennial
100 day countdown.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Ad Hoc General Plan Update Committee (GPUC) — None.
Local Coastal Program Certification Conunittee — Mayor Ridgeway
reported that the LCP was certified by Council and staff is preparing the
application to send to the California Coastal Commission.
Newport Coast Advisory Committee — Council Member Heffernan reported
that they met the first week in June and noted that the community center and
Newport Coast Elementary School loop road agenda items came out of that
meeting.
Mariners Joint Use Library Ad Hoc Steering Committee — Council Member
Webb reported that the groundbreaking ceremony was held last Thursday. He
stated that the plans are almost ready to go out to bid and it will come before
Council sometime in mid to late August.
Other Committee Activities — None.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
30. PLANNING COMMISSION AGENDA FOR JUNE 17, 2004.
Planning Director Temple reported that the public hearing for the
St. Andrew's Presbyterian Church was continued to July 22. She also
reported that the Commission approved amendments to the zoning code
regarding group recovery homes in residential zones. She stated that
this will be coming to Council and noted that this was the second
discussion on the item. She indicated that the Commission expressed
concerns about the City's limitation in regulating these types of facilities
in residential districts. She stated that, given information provided by
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INDEX
(100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
the consulting attorney and the City Attorney's office, they felt that the
proposed ordinance fell within the limits of the City's discretion.
Ms. Temple stated that the Commission considered an appeal of the
denial of the Modification Committee of a request to allow a required
parking space to encroach 4.5 feet into a required 5 foot alley setback on
Balboa Island. She indicated that they voted to sustain the action of the
Modification Committee because they felt that additional obstructions in
the alley setback would create hindrances they could not support.
Ms. Temple reported that the Commission held a public hearing on a
requested use permit for the Bahia Corinthian Yacht Club. She stated
that staff recommended denying the request due to parking concerns.
She indicated that the Commission continued the item to July 22 after
testimony by the applicant and an agreement that the security gates in
the parking lot would be raised during normal hours of operation and the
applicant would prepare a parking study and management plan as
originally requested by staff.
Ms. Temple reported that the purpose of the change to the Mariners Mile
landscape was to slightly reduce the number of palm trees adjoining
public sidewalks and provide additional options for the hedge treatment.
She stated that the item was approved without any discussion by the
Commission and will be coming before Council. She explained that the
design framework requires the installation of a hedge that is no less than
30- inches high, except in locations where sight distance would require it
to be lower. She stated that it is intended to provide a continuous look of
green vegetation. She confirmed that, instead of only having a single
species of hedge, the property owner will be able to select from three
different varieties if Council approves this. She indicated that they
recently discovered that the current specie can grow up to eight feet tall,
which would require more maintenance. She stated that this
requirement would run from Old Newport Boulevard to Dover Drive.
N. CONTINUED BUSINESS
31. 2004 -05 BUDGET ADOPTION.
City Manager Bludau reported that Council conducted four study session
budget reviews. He noted that Council is required to adopt a budget by
July 1. Administrative Services Director Danner added that the budget
resolution and checklist are required to be adopted. He explained that
the checklist has items requested by Council, the public, public
organizations, or by administrative action. He reported that, when they
prepared the report last week, they predicted a General Fund shortfall of
about $64,777 if all of the supplemental budget items were approved,
noting that the total budget is $158 million and the General Fund budget
is a little over $115 million. Mr. Bludau reported that the traffic
management plan for the area around Corona del Mar High School was
added at the study session. Mr. Danner stated that this was a request by
Mayor Pro Tern Adams and believed that this can be done for $50,000
from Gas Tax Funds so it won't have an impact on the General Fund.
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(100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
Council Member Bromberg stated that he requested a number of items at
the last meeting. He requested that the $95,000 Balboa Island
Streetlight Upgrades item be reduced by $60,000. Regarding the holiday
lighting for the Balboa Island Improvement Association and Irvine
Terrace area, he explained that this is for the Balboa Island bridge which
is a City bridge but the community is involved in its the lighting and
decorating. He noted that Balboa Island is a tourist attraction during the
holiday season. He reported that the $2,500 for Irvine Terrace should be
designated only to the northeast corner of Jamboree Road and Bayside
Drive which is City property. He indicated that Balboa Island considers
that an extension of the bridge.
Council Member Heffernan indicated that his request for speed bumps on
Port Weybridge and Port Provence was not included on the list and that
it would only cost about $3,000. Public Works Director Badum believed
that this was included as part of the $15,000 traffic calming project. He
added that Item 24 is a status report on traffic calming studies for
Newport Heights and the Port Streets. Council Member Webb asked if
traffic calming measures should be listed specifically or by lump sum so
there is something to back up what will be constructed. Council Member
Heffernan expressed concern about spending $80,000 for the study and
only spending $35,000 for the improvements. He believed this is
backwards and money should be allocated proportionately. He noted that
no work has been done since last year. Mr. Bludau indicated that staff
felt that, after the study concluded, Council could authorize the transfer
of unappropriated General Fund moneys. Council Member Heffernan
asked what happens if the traffic study determines that a lit crosswalk
adjacent to Anderson Elementary School is not necessary but it has been
heavily lobbied for. Mr. Bludau noted that Council can authorize
anything it wants whether there is a traffic study or not. He stated that
Council previously decided that, whenever neighborhoods came forward
wanting traffic calming, there would be a process that staff would follow
that involved the neighborhood and looked at all of the options before
they came back to Council with a recommendation. City Attorney
Burnham stated that, if there is a specific project Council Member
Heffernan wants budgeted, Council may want to consider identifying that
project with an estimated construction cost and then delete this $15,000
if there aren't identified improvements. Council Member Heffernan
requested that it be left in as two separate items and see what the study
says.
Council Member Bromberg stated that the Newport Ocean Sailing
Association (NOSA) who puts on the Newport- Ensenada Race asked the
City to be a sponsor and requested $50,000. He indicated that he
supports what they do; however, except for the Newport Beach Film
Festival, the City does not give this amount of money to even local
organizations. He suggested starting out with giving them $10,000 for
the first year.
Regarding the design of a monument sign for Newport Coast Drive,
Council Member Webb reported that Council Policy L-14 allows for only
two modest signs in City right -of -ways at various villages. He asked if
this falls within this policy and if it should be modified if the City is going
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City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
to design something more significant. He added that the policy also
states that the association will pay 50 %. Council Member Heffernan
noted that the Newport Coast Advisory Committee (NCAC) specifically
asked for the money with the idea that the monuments would be a
statement; however, if the policy does not allow them to have that type of
unique entrance to the City, he believed it would be appropriate to
address the policy and then do the design, rather than spend 525,000 on
the design if Council is not willing to change the policy. He requested
that this item be deleted. Mr. Bludau indicated that this could be
brought back at a study session. Mayor Ridgeway suggested leaving it on
the list since the money won't be spent until Council reviews Policy L -14.
Council Member Heffernan agreed.
Dolores Otting, Newport Beach, stated that she watched the last
meeting's discussions about calling up Planning Commission items and
believed that part of the problem is that you have to wait until the
minutes are manually transcribed. She stated that she requested a
duplicating machine so Council and the public could listen to meetings in
their car. Ms. Otting asked that money be spent on updating the City's
website so items are viewed by Acrobat Reader rather than Alchemy.
City Clerk Harkless reported that Council purchased a new recording
system last year which allows staff to make CDs of audio recordings of
meetings that are held in the Council Chambers.
Peggy Fort, Executive Director of the Corona del Mar Centennial
Foundation and the Chairperson of the Centennial Planning Commission,
urged Council to support their $50,000 budget request to help fund the
centennial celebration. She noted that they submitted a detailed budget.
She stated that the celebration is a prelude to the City's 100 year
birthday. She indicated that the goal of the Centennial Foundation to
build the Centennial Plaza is to honor their 100 year birthday and inspire
future generations. She reported that the funding will go towards the
event celebration, noting that the total budget is $470,000.
Jim Hildreth, Newport Beach, requested that the City put money in the
budget to replace the structure it removed on the Grand Canal. He
believed that Policy H -1 is supposed to be temporary and not year- round.
Bernie Svalstad, Corona del Mar Chamber of Commerce Board of
Director, reported that the $5,000 for the Scenic 5K Run and the $10,000
for the Christmas Walk are the same amounts that were allocated last
year. He stated that this will be the last year they will be asking for
funding for the Christmas Walk. He reported that they almost made
back all of the $5,000 for the City because it was the best year they've
had for the 5K Run, noting that they raised $52,000 and the City gets
half of that.
Motion by Council Member Brombere to adopt Resolution No. 2004-
58 adopting the City's 2004 -05 Budget, as amended by the approved
Budget Checklist items.
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City of Newport Beach
Regular Meeting
June 22, 2004
In response to Council Member Nichols' question, Mr. Danner clanked
that the $23,663 is for the operating costs of the new bus for the Oasis
Senior Center if it is approved tonight.
Mr. Danner confirmed for Council Member Heffernan that the budget is
now in the black.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
City Manager Bludau believed that it would make more sense to take Item 33
before Item 32, in order to see if the City is going to need a Memorandum of
Understanding.
33. NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD —
AWARD OF CONTRACT (C -3684) (contd. from 6/8/04).
Assistant City Manager Kiff utilized a PowerPoint presentation which
was used last night at the Newport Coast workshop. He reported that
the proposal would allow people to make a right turn behind the school
off of Newport Coast Drive, before they get to San Joaquin Hills. He
stated that the road would be open only during school hours (7 a.m. to
4 p.m.) and there would be two automatic gates. He indicated that other
operational changes were to make the entrance /exit to Newport Coast
into an egress, add no parking zones, and extend the left turn signal. He
indicated that the Tesoro residents expressed concern relative to
inadequate noticing, noise impacts, and aesthetics.
In response to Council Member Heffernan's questions, Public Works
Director Badum stated that construction design will be completed before
Labor Day so the road will be functional for the first day of school. He
indicated that the contract completion date for the road is about
30 working days, but they will probably end up doing some of the
landscape work along Newport Coast Drive after the start of school. He
stated that he believes that the road will be done unless there is some
intervention and the project has to stop. He added that they have the
contractor's schedule and they are confident that there is plenty of time
to do all the work required to have an operable roadway. He stated that,
in the event the work was not done by the time school started, the City
would need to talk with the Newport -Mesa School District and,
depending on what work is remaining, they can determine if areas could
be fenced off to continue work. However, if this project is not started in
the very near future, they would probably not start it because
construction would be too disruptive. City Manager Bludau noted that
the memorandum of understanding (MOU) between the City and the
school district (Item 32) allows the City to design the project and oversee
its construction. Even though the project is on school district property
and if the project was not completed by the time school started, he
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INDEX
C -3684
Newport Coast
Elementary School
Loop Road
(38/100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
believed that the school district would work with the City especially due
to the purpose of the road.
Council Member Webb asked if it would be possible to install a fence to
isolate the construction equipment from the playground equipment since
the project is set up with access off of Newport Coast Drive. Mr. Badum
stated that this is possible, but the real goal is to get the traffic problem
solved before school starts. Council Member Webb asked if the liquidated
damage amount could be increased for this project. Mr. Badum noted
that there already is a bid and the amount has already been set.
Council Member Rosansky noted that the City normally would not do
construction on school property and asked where the money is coming
from. Mr. Badum reported that the money is coming from a Bonita
Canyon bond indenture, stating that school improvement and City
improvement accounts were established when the bonds were sold. He
indicated that the City's improvement was the Bonita Canyon Sports
Park. He reported that the project is basically complete, but since there
is a substantial amount of interest in that account, they are proposing to
transfer that money to the school improvement account. He clarified that
the school improvement account lists Newport Coast Elementary School
as an eligible recipient of these funds. He stated that the school district
will appropriate these funds and turn it over to the City so the City can
manage this project for them. Mr. Bludau indicated that the City's
portion totals about $934,000 and can only be used for the benefit of the
people who paid into the assessment. Council Member Heffernan asked
if the children of the people who paid into the assessment can go to
Newport Coast Elementary School. Mr. Bludau stated that the bond was
set up in a way that this might happen.
Sean O'Connor, Newport Coast, stated that he is a parent and
homeowner, he lives in the Tesoro neighborhood, and he is an attorney.
He indicated that he appreciates the effort to find a solution to the traffic
problem, but opposed the solution being offered. He expressed his
surprise that bids were received on May 25 and stated that they just
learned about this for the first time about two weeks ago. He noted that
Mr. Badum acknowledged that it was a mistake not to include them in
the process. He believed that it was presented to them when this was
already a done deal and the City held last night's meeting only for the
purposes of saying they held it, even though the conclusion has already
been made. Mr. O'Connor stated that, at last night's meeting, they
learned that there are operational improvements that can be made that
might solve the problem without constructing a $500,000 road. He
suggested combining operational improvements like having volunteers or
traffic guards at the parking lot entrance to help regulate the traffic
situation; providing incentives to take the bus to school; and changing the
time construction trucks can use Ridge Park Road. He stated that these
alternatives should be looked at over the next school year. Mr. O'Connor
believed that the proposal will bring more cars to the area since it will be
more convenient to use, and there will be more traffic which means more
danger for the children who walk to school. He believed that the City will
also have a major California Environmental Quality Act (CEQA) problem,
noting that the reference to Section 15314 only applies to physical
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City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
additions to schools where the student body population is being improved
by less than 25 %. He noted that there are a couple of cases that interpret
this and believed that alternatives should be looked at so the residents
are not forced into a CEQA challenge.
Leon Lyon, Newport Coast, stated that he lives above the site. He noted
that it took over a year to see the playground completed and questioned
whether the project will really be done over the summer. He indicated
that he was told there was not enough room for a queue along Ridge Park
Road because of the entrance at Tesoro, but believed the area is longer
than what other schools have. He believed that trucks that do not have
anything to do with the project should be moved over one block. He
stated that he was told they want to provide parking in the back for
evening events. He added that they do not need an automatic gate.
Council Member Bromberg asked about the CEQA issue. City Attorney
Burnham indicated that he has not done the research on the
appropriateness of using Section 15314 on this project.
Mr. Badum reported that the notice for last night's meeting was sent out
by the school district and the City about a week ago. He stated that they
have been meeting with the PTA, the school district, the Newport Coast
Advisory Committee (NCAC), and other interested parents for the last
year, and indicated that they have had no formal correspondence with
the homeowner associations. Mr. Kiff stated that there are no members
from Tesoro on the NCAC.
Gregory Brown, Newport Coast, read his email he sent to Council, stating
that the project is being presented as a means to mitigate congestion and
improve safety during the times parents are dropping off and picking up
their children at the school. He believed that the road will not solve the
problem but only move the congestion to a new location. He stated that
simpler solutions that require little or no construction entail
modifications to existing traffic patterns, signage, and enforcement by
traffic officers. He believed that the current plan will affect their
property values and increase noise and air pollution. He stated that the
City has made no effort to directly contact the Tesoro residents and
suggestions were presented last night but they will not be evaluated. He
indicated that he is a manager of a local transportationlinfrastructure
firm and offered to donate his time to help find other solutions.
Mr. Bludau reported that the current path is a 50 foot wide maintenance
road and what is being proposed is a 25 foot wide paved loop road and a
5 foot wide sidewalk.
Dana Schonwit, Newport Coast, spoke in support of the road. She stated
that it will not resolve the traffic issues because there are a lot of
geographical restrictions; however, the proposal is the safest resolution to
the problem. She expressed her support of having the traffic flow in one
direction and for restricting the buses so they have their own designated
area. She believed that kids will be safer than if they were on Ridge Park
Road or a major arterial highway. She indicated that people say they will
volunteer, but they don't consistently do it.
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City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
Craig Meteskey, Newport Coast, stated that he was only notified about a
week to 10 days ago. He indicated that his biggest issue is that about
$90,000 was spent on this study, but no written documentation was
generated. He read a letter from his neighbor, Michael Sheehan, who
took issue with the noticing and the meeting that occurred on Monday.
He indicated that, when the City was questioned about how many
accidents occurred and the number of cars that drive through the school
each day, they did not know the answer. He stated that he was told there
was no study but they showed aerial videos from March 2003. He
believed that the loop road is not needed and that the City is solving the
symptoms and not the issues. He added that using a few operational
processes could save taxpayer dollars. He stated that a shift is needed to
mandate an operational flow from all parents who wish to drop their kids
off at the school. He suggested staggering the times for the different
grades, deploying volunteers to help direct and maintain the ingresses
and egresses, limiting access by not allowing the left turn into the school
from Ridge Park Road, and moving teacher parking to the northeast end
of the playground to free up drop off space for the parents. He believed
that the City was not open to any alternatives at this late stage. He
stated that many residents are happy to engage in a cooperative process.
In response to Council Member Heffernan's question, Mr. Kiff indicated
that the NCAC has not taken a position on the loop road. He stated that
this was brought to them at their June meeting, they had the opportunity
to take a position but didn't, and asked to have the meeting that was held
yesterday.
Council Member Bromberg stated that he visited the school three times
and thinks this is a good fix; however, he believed that outreach slipped
through the cracks. Further, there is no answer to the CEQA issue. He
indicated that he is inclined to continue this to allow the residents the
opportunity to be heard and to look at alternatives.
Motion by Council Member Bromberg to continue this to the July 13,
2004 Council meeting.
Regarding the study, Mr. Badum reported that they have only spent
$30,000 at most, which includes project management, title work, design
work for retaining walls, and soil investigation. Mr. Bludau added that
there was no written study and explained that members of the Police
Department and Public Works went out to the site a number of times. He
stated that they were first approached by members of the Newport Coast
Elementary School and PTA to do something about the problem. He
reported that they did look at other alternatives but they were discarded.
He stated that staff was assuming the community thought there was a
safety problem that needed remedying, but agreed that staff dropped the
ball with regard to the process.
Council Member Heffernan noted that this would actually be continued
for three weeks and the conundrum before the City is that, if this is not
approved, it puts it into the school year. Mr. Badum confirmed that the
project would not be completed by fall if this was continued. Further, he
would need to ask the low bidder if he is willing to hold his prices for
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City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
another three weeks. He added that this item would actually be
continued a total of five weeks since this was continued at the last
meeting. He stated that, if the contractor is not willing to hold his prices,
the City would need to reject all bids and rebid the entire project.
Council Member Heffernan asked what will be done substantially in the
interim to improve the situation. Council Member Bromberg indicated
that the decision makers have not seen the alternatives. He stated that it
might be a waste of time, but he does not know that.
Council Member Rosansky emphasized that the school is not the City's
property and, with regard to operating alternatives, it is not the City who
will provide parking monitors. He stated that the school district will
have to decide operationally to do things differently. Mr. Bludau stated
that school officials are willing to change their operation and the City can
help with the removal of construction trucks on Ridge Park Road.
Mr. Ki£f reported that the loop road is combined with a number of
operational improvements, including removing construction trucks and
making improvements onsite. He stated that the basic problem at the
school is that there is not enough space to queue and the loop road
doubles or triples the queuing space. Mr. Badum indicated that the
proposal was generated through a process where they met with the Police
Department, traffic engineers, and the PTA. He believed that the idea of
the loop road was around even before the school was built, but it was not
pursued because it was originally thought that the school would only
have about 200 students. He reported that, with 600 students, there is
not enough space for queuing on Ridge Park Road which is a 45 mph
arterial highway with construction traffic. He stated that there is a huge
concern that something is going to happen and that is why they pushed
this forward so quickly. He indicated that they probably should've
brought in the residents earlier, but they met with them and showed
them the reasoning behind the proposal. Mr. Badum stated that he is
thoroughly convinced in his professional judgment that the loop road is
the best solution. He added that he does not have a problem with
pushing this back, but this means that Council is okay with starting the
next school year without any improvements.
Mayor Ridgeway stated that he lives almost adjacent to Newport
Elementary School which has a significant queuing problem, even though
school zone speed limits are 25 mph. He indicated that he witnessed two
pedestrians hit in the crosswalk while the crossing guard was there
because there is too much traffic. He stated that, if the residents are
prepared to sit here tonight and say they are going to endanger one
student, that is a decision Council has to weigh.
Regarding alternatives, Mr. Kiff reported that they considered installing
a signal at Ridge Park Road and the school entrance, but it was too close
to the signal at Newport Coast Drive and Ridge Park Road, and does not
add any queuing space. He stated that a drop off location on northbound
Newport Coast Drive is not accessible to people with disabilities, is a
fairly dangerous location to pull over and park, and the queuing is
limited and would back up into the intersection. Regarding prohibiting
left turns from eastbound Ridge Park Road, he stated that this does not
add queuing space and would force drivers up the hill. He indicated that
Volume 56 - Page 1033
City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
not enough kids cross at Ridge Park Road and the school entrance to
warrant having a crossing guard. Regarding the operational changes on
school grounds, he noted that changes that rely on people's behaviors
don't always last and needs to be reinforced, and the system could be
ruined by one or two parents in a hurry. Further, queuing space would
still be a problem. He reported that schools cannot stagger the release
times enough to even out the problem. He stated that there is discussion
at the school level about their bussing requirements. Further, they are
asserting that they have to go to a drop off schedule in which 120
kindergarteners get out first and the rest of the school gets out at the
next timeslot.
In response to Council Member Rosansky's questions, Mr. Kiff stated that
they propose to have a gate on the road so it is only open during school
hours and on school days, roughly 8 a.m. to 4 p.m., Monday through
Friday. He noted that during the drop off time, only buses will be
allowed to use the left turn lane; however, parents can use it during the
middle of the day. Mr. Kiff stated that they talked about closing off the
road other than during drop off times, but this is something they would
need to work with the school district if Council felt it was appropriate.
Monique Van Zeebroeck, Principal of Newport Coast Elementary School,
reported that the school opens at 8:35 a.m., kindergarten will dismiss at
2:05 p.m. and the rest of the students will dismiss at 3:10 p.m. She
believed that children will probably be dropped off at 8 a.m., noting that
they have supervision on campus about 20 minutes before school starts.
She indicated that the problem happens more in the afternoon. She
expressed her support for the loop road, stating that she has been
involved with this since the school opened. She assured Council that
every option has been discussed, including having an underground
parking lot, a walking bridge, and a tunnel under Ridge Park Road. She
emphasized that their concern is for safety since there is too much
congestion at the entry into the school. She reported that attendance has
more than doubled in four years, noting that next year there will be more
than 650 students enrolled. She expressed her appreciation to the City
for working with them when they came to them. Ms. Van Zeebroeck
indicated that queuing occurs from about 1:30 p.m. to 3:30 p.m.
Mr. Brown believed that the problem is queuing, all this does is move it
to the school ground, and this can still take place on Ridge Park Road
because the road is wide. He noted that the road does not need to be
posted at 45 mph. He indicated that, if the queue needs to be extended,
Ridge Park Road has plenty of room to be widened.
Mr. Kiff showed a 50 second video from May 2003 that shows how close
children have gotten to being hit.
Chris Johnston, Newport Coast, believed that some of the operational
changes could be done right now to help the present system and agreed
that moving the construction trucks should be done immediately. He
stated that the loop road might ultimately be the best solution, but he
would like to see what can be done first.
Volume 56 - Page 1034
City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
Phil Britton, Newport - '.Mesa School District Assistant Director of
Maintenance and Operations, reported that they support the construction
of the loop road. He believed that all the alternatives were studied and
reviewed by most of the parties involved and that the loop road is the
best possible alternative to solve the problem.
Council Member Nichols believed that the road can be queued by putting
in a turning circle. He added that this would also slow down the
excessive speeds. He noted that they have a one -way that allows them to
exit parallel with the buses and also allows people to get in the lane to go
up the hill. He stated that, if the parking lot that is controlled by the
Master Association can be used, the 30 spots could provide possible space
for someone who wants to walk their child into the school. He believed
that it would get worse if they have a queue that extends out onto
Newport Coast Drive since the speed limit is 60 mph.
Shana Woodyard, Newport Coast, stated that she is the PTA President
and a lot of parents have approached her to ask for help in solving this
problem before a child is hit. She indicated that she understands that the
Tesoro residents are concerned about their property values, traffic, and
noise; however, the reason she supports this is for the safety of the
children. She believed that they have talked about every possible
solution, but does not know if anything is going to make the Tesoro
residents accept the road even if this issue is delayed. She indicated that
she cannot bear another year of this and stated that staff has worked
hard to come up with options. She stated that parents have even emailed
the principal with ideas. She asked Council to support this.
Kim Vosbinder, Newport Coast, stated that the people on Tesoro that she
has talked to are not against the loop road, but believed that it alone is
not the solution. She indicated that the issue is also getting down Ridge
Park Road past the opening of the school. She stated that the loop road
will not change this unless there is also traffic management. She
indicated that the loop road may work, but asked who will help the
children in and out of the cars, noting that her daughter is too small to
open her own door. She reported that people used to help do this and
they used to place signs in their car window indicating the teacher and
child's name to help keep the flow going. She stated that, even with the
loop road, they need assurances that there will be operational changes,
traffic management, and full -time crossing guards. Mr. Kill indicated
that Superintendent Dr. Barbot has committed to doing this to make sure
the traffic control is appropriate at the entrance of the school with the
loop road.
Jim Hildreth noted that school zone speed limits are 25 mph and should
be posted. He stated that no left turn will be allowed for anyone and
teachers and parents should know that crossing a street that is not
marked for pedestrian crossing is against the law and unwise, and they
should instruct their children about how to cross the street correctly. He
believed that the loop road should be revisited and the owners around the
place should have a word about it. He questioned not posting an officer
there to patrol the area during school time, believing that the City could
generate a lot of revenue.
Volume 56 - Page 1035
City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
Dolores Otting, Newport Beach, stated that she has been attending the
NCAC meetings since the annexation took place. She took issue with
how this was handled and how people were treated. She asked how this
is exempt from CEQA since the City Attorney has not done any research
and believed that Council should start listening to alternatives. She
indicated that the only way the people found out about this was through
the Daily Pilot and because Council Member Nichols made the NCAC put
it on their agenda; however, the NCAC has no jurisdiction over it because
it's not in the pre- annexation agreement. Ms. Otting stated that Harbor
Day and Our Lady Queen of Angels queue up and wait in line, and they
do this at a lot of other schools. She believed that the loop road won't
work if there aren't any operational changes. She asked how any safety
equipment can get on the loop road during an accident when everyone is
using the road. She also asked how the City can propose a project that
queues cars when no one counted how many cars there are.
Mr. Burnham stated that he has not done the CEQA research and is not
familiar with the cases that Mr. O'Connor referenced. He noted that the
CEQA exemption talks about minor additions to school facilities, i.e.
facilities that do not add more than 25% to the capacity of the school, but
there are no other examples in that particular category.
Council Member Heffernan asked if the school district would be under
the same constraints. Mr. Burnham reported that they would have to
comply with CEQA and the Education Code. Further, they may have to
get City approval since there is some improvement required on Newport
Coast Drive.
Bob Hoser, _Newport Coast, stated that there was not enough notice given
to the homeowners. He indicated that he has two children at the school.
and agreed that there is a lack of drop off and pick up area. He believed
that the only solution is one that increases this area, noting that queuing
up the hill does not increase this like the loop road would.
Don Rainer, Newport Coast, displayed the notice about the meeting last
night which he received about a week and a half ago. He noted that they
just found out last night that this was going to be voted on by Council
tonight.
Donna Anderson, PTA Board Member, expressed her support of the loop
road because it is necessary. She stated that she used to take her
daughter to school but she could not handle seeing the near misses every
morning and afternoon, so now her daughter takes the bus. She urged
Council to pass this tonight and not wait another three weeks which
delays the road for September.
Melinda Brouwer, Newport Coast, expressed support for the loop road
and stated that she gathered 30 signatures from neighbors this afternoon
who also support this. She submitted the signatures. She stated that, it's
not just for the children and those taking them to school, it's also for
people who go to work and get backed up on Ridge Park Road. She
indicated that her husband leaves for work at 8 a.m. and gets delayed 10
minutes just waiting for the people at the school.
Volume 56 - Page 1036
City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
Council Member Webb stated that, if this is continued for three weeks,
Council in effect has continued this for one year since there is no way to
try any of the other traffic control methods until school starts. He noted
that staff has looked at a number of the alternatives. He understands
that Tesoro residents have concerns about the proposed changes;
however, he questioned their concern about noise since vehicles are
relatively quiet and will be moving slow. He stated that the noise they
will probably hear will be from car doors opening and closing, and
children on the playground which is what they hear all day long anyway.
He agreed that the black pathway will be twice as long as what they now
see, but he does not understand how this will reduce property values. He
stated that the closest houses are only separated 15 feet to 20 feet
vertically, but they all have glass walls that act as noise attenuation. He
believed that the City should've gone through a slightly different process
to get input, but he is not sure if it would've changed the objections from
the 20 houses that are immediately above the school. He stated that,
when the school was under construction and it was not in the City's
jurisdiction, a suggestion was made to the school district to improve the
queuing by paving this roadway. He indicated that it was a money issue
at the time and the County refused to do anything. He stated that he
sympathizes with the Tesoro residents, but he also sympathizes with the
parents who are having to live with a potentially dangerous situation.
He indicated that he will oppose the motion because it would continue
this for three weeks, it would be another two weeks before the contractor
is given authorization to start, and this is at least a 60 day project which
is a month into the school year. He believed that, if they are going to go
forward this school year, Council needs to vote on it tonight; however, if it
is going to be postponed a year, he agreed that it should be continued.
Substitute motion by Council Member Webb to 1) approve the plans
and specifications; 2) award the contract (C -3684) to GCI Construction,
Inc. for the total bid price of $364,552 and authorize the Mayor and the
City Clerk to execute the contract; 3) establish an amount of $36,500 to
cover the cost of unforeseen work; 4) approve geotechnical work in the
amount of $7,500; and 5) approve special retaining wall inspection
services in the amount of $15,000.
Council ?Member Heffernan stated that, if this was started on May 1
instead of June 1 when he learned about it, the City would not be in this
spot. He believed that the City has been backed into this because the
City is trying to do something on someone else's property and it had the
money to back it. He stated that staff dropped the ball; however, due to
timing, he has to defer to the safety issue and support the substitute
motion. He emphasized that this does not mean he does not sympathize
with the residents on Marisol and Tesoro, but he does not think the City
shouldn't do the work or delay it three more weeks, come to the same
conclusion, and then be backed into a timing issue. He pointed out that
the PTA, the school, and the parents have worked on this and came up
with this solution, noting that this is a bad location for a school. He
stated that the only choice the City has is to proceed with the work.
Council Member Bromberg stated that he made the motion to continue
the item because they don't know if the alternatives would or wouldn't
Volume 56 - Page 1037
City ofNewport Se, ac1:
R e gular'Meeting
June 22, 2004
INDEX
make a difference because there isn't enough information. He indicated
that he also has concerns about safety.
Council Member Nichols indicated that he is not supporting the
substitute motion. He stated that he recognizes that the loop road will
ultimately be needed: however, to support the loop road without the other
alternatives will not solve the problem. He noted that he was at the
meeting last night and each school district and City representative each
had a different idea of how this would operate. He expressed the opinion
that this has not been analyzed adequately. He believed that the
alternatives should be looked at and stated that he would be happy to
meet before the next meeting to vote on this.
Council Member Rosansky stated that the City needs to look primarily at
the safety of the children and it is apparent that the driveways at the
school are not sufficient. He agreed that this is a burden for the
neighbors that abut the road, but encouraged the school when they
operate the road to minimize its impact as much as possible by closing it
down. He believed that keeping the road open all day is unnecessary and
stated that the school should analyze exactly what the requirements of
the road are in order to solve the problem. He agreed that dropping kids
off on Ridge Park Road is not an acceptable solution.
Mr. Burnham stated that the substitute motion should include a
determination that the project is categorically exempt pursuant to
Section 15314 of the CEQA guidelines. He indicated that this should be
made at the time the project is approved. He noted that Public Works
filed a Notice of Determination on the categorical exemption.
Council Member Webb amended the substitute motion to include
the determination that the project is categorically exempt pursuant to
Section 15314 of the CEQA Guidelines.
Council Member Webb pointed out that the CEQA exemption is stated in
the staff report and noted that the exemption was filed with the County
on May 10, 2004.
Council Member Webb noted that everyone has been very harsh on staff
tonight. He reported that staff got brought in by the school and the PTA
to try to solve a problem and felt there was more community involvement
than there really was. He stated that they could've done it differently,
but staff probably felt that the word would get out in some way since they
were working with the school and PTA members who are members of the
homeowner associations in the area. He indicated that they will know
better next time.
The substitute motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Webb, Mayor Ridgeway
Noes: Bromberg, Nichols
Abstain: '_None
Absent: Adams
Volume 56 - Page 1038
City of Newport Beach
Regular Meeting
June 22, 2004
32. APPROVAL OF THE MEMORANDUM OF UNDERSTANDING
(MOU) AND REIMBURSEMENT AGREEMENT WITH THE
NEWPORT -MESA SCHOOL DISTRICT FOR THE ?NEWPORT
COAST ELEMENTARY SCHOOL LOOP ROAD (C -3684) (eontd.
from 6/8/04).
Motion by Council Member Webb to 1) approve the MOU and
Reimbursement Agreement between the City of Newport Beach and the
Newport -Mesa unified School District for the Newport Coast Elementary
School Loop Road; and 2) approve a budget amendment (04BA -069)
authorizing the transfer of excess Bonita Canyon Bond funds from the
City Improvement Account to the School Improvement Account for the
total anticipated project cost of $508,889. The BA will appropriate
$460,007 in the Contributions Funds and $25,259 in the General Fund
for anticipated project costs not yet appropriated and will increase
revenue estimates in the Contributions Fund by $460,007 and General
Fund revenue by $47,883 to reflect the reimbursement from the School
District Improvement account.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
34. Taken out of order.
Mayor Ridgeway recessed the meeting at 10:55 p.m. and reconvened the
meeting at 11:11 p.m. with all members of Council present.
Without objection, Council Member Webb moved to move forward with the
agenda.
O. CURRENT BUSINESS
35. CORONA DEL MAR CENTENNIAL FOUNDATION REQUEST
FOR CONCEPTUAL APPROVAL OF `CDM CENTENNIAL
CELEBRATION PLAZA' PROJECT.
Bernie Svalstad, Centennial Foundation Chairman, reported that this
project is in keeping with the original 2004 Vision for Corona del Mar, it
has been to the Parks, Beaches and Recreation Commission for review of
tree removal and placement, and the City Arts Commission approved the
conceptual design and will be working with them on the final design. He
stated that their goals are to provide a public statement that represents
the story and essence of Corona del Mar, create a functional public place
worthy of the centennial celebration that provides a literal and figurative
sense of time, provide an appropriate icon that is apparent to travelers
and pedestrians that go by Coast Highway, and provide an appropriate
site for the commemorative time capsule.
Volume 56 - Page 1039
INDEX
C -3684
Newport Coast
Elementary School
Loop Road
(38/100 -2004)
(100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
Council Member Heffernan asked why this is not being proposed in a
median rather than on a corner. Mr. Svalstad stated that they are going
to have a donor monument and a tile program, and it would be very hard
for people to look at it in the median. Council Member Nichols suggested
putting the clock tower in the median. Mr. Svalstad stated that he does
not believe the City would allow that since it is a 24 foot tower. Mayor
Ridgeway added that they are trying to create a people place. Council
Member Rosansky noted that the City doesn't control Coast Highway yet.
Motion by Council Member Bromberg to approve the conceptual
design for the `CdM Centennial Celebration Plaza' and its elements.
Council Member Nichols asked if the tile wall will look like graffiti.
Mr. Svalstad stated that they hope they will be historical tiles that deal
with the 2004 centennial and noted that they have the right of approval
on all tiles.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
36. CORONA DEL MAR STATE BEACH IMPROVEMENTS (C -3461) —
DETERMINATION OF AMOUNT OF FUNDING AVAILABLE FOR
AWARD.
Assistant City Manager Kiff reported that they found out on Monday that
the City made the next cut for consideration of the $984,000 grant which
means they would use less parking revenue. He stated that they meet
with a California State Parks representative onsite Thursday morning.
In response to Council Member Rosansky's questions, Public Works
Director Badum reported that Council sets the maximum funding
amount in which the project will be awarded. He indicated that there is
an alternative bidding system set up but the City Attorney advised them
that they need to determine the funding before they open the bids. He
stated that the bid opening is June 29. He indicated that, if the City gets
the grant funds, they are proposing to have the parking revenue backfill
the project for three years; however, if the City does not get the grant
funds, the parking revenue will have to backfill the project for seven
years. He confirmed that Council can reject all bids, but they cannot
reduce the size of the project. Mr. Kiff stated that they hope to hear
about the grant money before Council awards the bid.
Jim Hildreth, Newport Beach, referenced page 8 and believed that this is
a roach coach. He stated that Huntington Beach has food places at the
beach that look nice. He expressed the opinion that this is not
appropriate and sets a wrong style for an affluent community.
Volume 56 - Page 1040
INDEX
C -3461
Corona del Mar
State Beach
Improvements
(38/100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
Motion by Council Member Webb to 1) find that $2,200,000 is
available to award the CdM Beach Project (as described in Alternative
B); and 2) authorize staff to fund the Project in a manner similar to
Alternative A's provisions should the City receive a Proposition 40 or
other grant to supplant parking lot revenue available for the Project.
Council Member Rosansky asked if voting on this jeopardizes the City's
ability to get the grant. Mr. Kiff stated that they discussed this on a staff
level and discussed this with the City's legislators and lobbyists who felt
the grant stands on its own
Council Member Nichols stated that he does not believe they need the
lifeguard facility. He noted that they badly need sand, not structures
that will be a problem to the residents.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway
Noes: Nichols
Abstain: None
Absent: Adams
37. RESOLUTION REGARDING A PROPOSITION 13 GRANT FOR
THE NEWPORT COAST WATERSHED PROGRAM.
Motion by Council Member Webb to adopt Resolution No. 2004 -59
allowing the City to accept a Proposition 13 grant under the Watershed
Protection Program.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
38. AGREEMENTS AND FUNDING FOR THE BACK BAY SCIENCE
CENTER (FORMERLY KNOWN AS THE MARINE STUDIES
CENTER) ON SHELLMAKER ISLAND.
City Attorney Burnham clarified for Mayor Ridgeway that this would be
insured like all the other City buildings.
Motion by Council Member Brombere to 1) authorize the City
Manager to execute a Cooperative Agreement between the City of
Newport Beach, the County of Orange and the Department of Fish and
Game; 2) authorize the City Manager to execute a Construction
Agreement between the City of Newport Beach and the Department of
Fish and Game; and 3) authorize the City Manager, upon a favorable
determination by the City Attorney or the State Lands Commission, to
allocate up to three years' revenue (roughly $315,000) from two Newport
Bay Accounts towards the City's commitment to share in the funding of
Volume 56 - Page 1041
INDEX
(100 -2004)
C -3460
Back Bay Science
Center
(38/100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
the construction of the Back Bay Science Center.
Council Member Nichols noted that there is no funding for the Back Bay
dredging project, but received confirmation that there is support for the
facility if there is no dredged Back Bay.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway
Noes: None
Abstain: Nichols
Absent: Adams
P. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. ORDINANCE AMENDING SECTION'S 12.24.065 AND 12.24.080 OF
THE NBMC REGARDING REDUCING THE PRIMA FACIE SPEED
LIMIT OF RIDGE PARK ROAD FROM SAN JOAQUIN HILLS
ROAD TO NEWPORT COAST DRIVE.
Council Member Heffernan stated that the City will be reducing the
speed limit when it probably is already too low. He asked how this will
be enforced. City Manager Bludau indicated that the new speed limit is
being set based on a traffic survey which showed that the average speeds
are slower than the posted 40 mph.
Council Member Rosansky asked, since the average is 33 mph, why the
speed limit is not going to be 35 mph instead of 30 mph. Mr. Bludau
indicated that, given the nature of the community, they would rather see
slower speeds and the City can come in under the speed limit.
Motion by Council Member Webb to adopt Ordinance No. 2004 -12
amending Chapter 12.24 (Special Speed Zones), Sections 12.24.065 and
12.24.080 of the NBMC reducing the prima facie speed limit on Ridge
Park Road from San Joaquin Hills Road to Newport Coast Drive from 40
mph to 30 mph.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
8. MEASURE M ELIGIBILITY RE- QUALIFICATION FOR FY 2004-
05.
Public Works Director Badum explained for Council Member Nichols
that the City gets sales tax money from the Measure M program
annually, but it needs to make sure it is eligible. He stated that each
year, the City does different things and reported that this year the City
adopted a seven year program, confirmed the level of maintenance of
Volume 56 - Page 1042
INDEX
(100 -2004)
(100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
effort, and adopted a resolution to reaffirm the City's adherence to the
County _Master Plan of Arterial Highways.
Motion by Council Member Webb to 1) adopt the Seven -Year Capital
Improvement Program; 2) direct staff to submit the adopted Capital
Improvement Program and Maintenance of Effort certification to the
Orange County Transportation Authority to satisfy the eligibility
provisions for the Measure M and the Congestion Management
Programs; and 3) adopt Resolution No. 2004 -56 pertaining to the status of
the City's Circulation Element.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
24. NEIGHBORHOOD TRAFFIC MANAGEMENT STUDY UPDATE.
City Manager Bludau stated that this study involved two different
locations (Newport Hills /Harbor View and Newport Heights /Cliff Haven).
He indicated that the City will be working with the neighborhoods and
holding community meetings to look at alternatives and to come up with
a consensus for traffic calming measures. -
Council Member Nichols asked what the City's position is regarding
speed bumps. Council Member Webb stated that the current City policy
is that the City does not allow speed bumps but he has requested a study
session item to discuss this.
27. ADDITIONAL BUS FOR SENIOR SERVICES.
Council Member Nichols stated that this is for a 21 passenger bus and
received confirmation that this is a gift from the OCTA. He asked if this
is an appropriate bus for picking up seniors in Corona del Mar. General
Services Director Niederhaus reported that the City currently has three
buses and a van that provided over 12,000 rides in the past year for
71,000 miles. He stated that there are four drivers and the only change
will be that, if this is approved, the contract bus will be turned back to
the contractor with the driver, and the City will retain the OCTA bus at
no expense except for fuel and maintenance. He noted that they will be
starting a replacement fund so the bus could eventually be replaced. He
stated that the contract bus and the OCTA bus are the same type of bus.
Motion by Council Member Webb to accept a 21 passenger bus from
OCTA for Senior Services use; and directed staff to request that OCTA
transfer the ownership of a retired OCTA para- transit bus to the City for
use in the Senior Mobility Program.
The motion carried by the following roll call vote:
Volume 56 - Page 1043
INDEX
(100 -2004)
(100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
539. NEWPORT COAST COMMUNITY CENTER - PROFESSIONTAL
SERVICES AGREEMENT WITH DOUGHERTY AND DOUGHERTY
ARCHITECTS, LLP.
Mayor Ridgeway stated that he has a problem with designing a building
with a library and a budget of $8.7 million when the City knows it only
has $7 million. Assistant City Manager Kiff stated that the Newport
Coast Advisory Committee (NCAC) controls the design through the pre -
annexation agreement, but they do not have control over the money. He
reported that, when they last met with them, the Committee said they
would like to hire an architect to design the whole thing, they'll see what
funding is available, and then pull out portions in the event the
$7 million was not enough. He added that the City Manager has made it
clear to them that $7 million is all they get. He stated that the NCAC
has now indicated that they may try to raise private funds for the rest of
the building. Mr. Kif£ reported that the preliminary design has three
separate buildings. Council Member Webb added that the instruction to
the architect is to make sure that the design is compatible with the City
being able to eliminate something to bring it to a $7 million project if they
don't come up with the additional funds.
Dolores Otting, Newport Beach, stated that when this was brought before
Council, staff and some Council Members wanted this to go to a vote, but
it didn't. She believed that the original motion for this did not include a
library because the City could not afford to fund it. She asked who is
going to staff the library and pay for it if the NCAC finds a way to build
it. She stated that someone needs to remind the NCAC that the
community center is for everyone. She added that this library would take
away from the Central Library.
Motion by Council Member Bromberg to 1) direct staff to execute a
Professional Services Agreement with Dougherty and Dougherty
Architects, LLP, for architectural design services at a not to exceed
contract price of $550,000 and authorize the Mayor and City Clerk to
execute the agreement; and 2) approve a budget amendment (04BA -079)
appropriating $600,000 from the Newport Coast Building Fund
unappropriated fund balance to 7298- C5100705, Newport Coast
Community Center project.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Adams
Volume 56 - Page 1044
II NollD/
I C -3710
Newport Coast
Community Center
(38/100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
Q. MOTION FOR RECONSIDERATION - None.
Council Member Bromberg announced that there will be fireworks at the Dunes
on July 4th.
R. ADJOURNMENT - 11:47 p.m.
xi:�xrtr.�rfttrr.�r.r +�
The agenda for the Regular Meeting was posted on June 16, 2004, at 3:00 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 18, 2004, at 2:30 p.m. on the City Hall Bulletin Board
located outside of the City of Newport Beach Administration Building.
City Clerk
"Y"t, � i,bry yv
Recording Secretary
Mayor /
Volume 56 - Page 1045
INDEX