HomeMy WebLinkAbout01 - Review of Cliff Drive Encroachment Permit No. N2020-0366 at Ensign Intermediate School - CorrespondenceRieff, Kim
Received After Agenda Printed
June 25, 2020
Item No. 1
From: Maryela Martinez <mmartinez@parkercovert.com>
Sent: Wednesday, June 24, 2020 3:44 PM
To: City Clerk's Office
Cc: Harp, Aaron; Spencer E. Covert; Michael Y. M. Toy
Subject: Newport -Mesa USD Correspondence re Ensign Encroachment Permit 6/25/20 Public
Hearing
Attachments: LTR - Ensign Encroachment Permit Call for Review 062420.PDF
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Honorable City Clerk,
Per the District's discussion with City Attorney Harp, please email the enclosed correspondence, with attachments, to
the Mayor and City Council Members, as well as the City Manager, in anticipation of tomorrow's City Council public
hearing on the Ensign encroachment permit.
Please let me know if you have any questions.
Thank you,
Maryela Martinez, Esq.
Parker
&1
OVe 1,1.,1,
A Itr1:.N!IY, -,i ''ti '1,v
17862 E. Seventeenth St • Suitc 204 • "hustin, California • 92780
Phone: (714) 573-0900 • Fax: (714) 573-0998
Nnn111tiv, parkercovert. conn
This email niay contain material that is conlidentiat, privileged and/or attorney work product for the sole use of tltc intended recipient. Any review, reliance or distribution
by otlicis or forwarding without express permission is strictly prohibited. Uyou are not the intended recipient, please contact Ilhc sender and delete all copies.
1
TUSTIN
17862 East Seventeenth Street
Suite 204 • East Building
Parker Tustin, CA 92780-2164
(714) 573-0900 Tel
& C. o ve r l (, I ,1' (714) 573-0998 Fax
A!IOi,\!�N I !,,\\
SACRAMENTO
Spencer E. Covert' 2520 Venture Oaks Way
scovert@parkercovert.com Suite 190
Sacramento, CA 95833-4228
Tustin (916) 245-8677 Tel
(916) 333-1115 Fax
www.parkercovert.com
June 24, 2020 `A Professional Corporation
Ref Our File No.:
NM -76.16
VIA E-MAIL ONLY
To: The Honorable Mayor and Members of the City Council
City of Newport Beach
From: Board of Education, Newport -Mesa Unified School District
Re: Call for Review Ensign Intermediate School
Encroachment Permit No. 2020-0366
Thursday, June 25, 2020, 3:00 p.m.
Council Chambers
Dear Honorable Mayor and City Council Members:
This correspondence is respectfully submitted on behalf of our client the Board of
Education of the Newport -Mesa Unified School District.
The Project at Ensign Intermediate School is included with the School District's
Districtwide safety plan. All schools have been studied and recommendations have been
made to improve their safety. (NMUSD Safety Update, August 27h, 2019, Attachment 1.)
One of the best practices for safe schools is to reduce or eliminate where possible, multiple
points of entry to the school campus. The parking lot and gate projects at Ensign are
designed for that purpose and have been recommended to the School District by its Project
architect and safety consultant.
These safety responsibilities do not fall within the scope of the encroachment permit
or review by the City Council.
The City does provide specifications for curb cuts which the District has agreed to
comply. The District's compliance is demonstrated by the City Public Works
Department's issuance of the permit. Three conditions pertaining to the existing City
PARKER & COVERT LLP
The Honorable Mayor and Members of the City Council
June 24, 2020
Page 2
sidewalk, installation of new striping, and planting of sidewalk trees to match the current
spacing and type of existing street trees have all been agreed to by the School District.
As a result, Council cannot overrule the encroachment permit issued by the Public
Works Department. To do so would be arbitrary and capricious because Council would
not be following its own City standards for the permit.
The District is in agreement with the three conditions issued by the City
(Attachment 2).
The City's Notice of Public Hearing also refers to the categorial exemption from the
California Environmental Quality Act because it has no potential to have a significant
effect on the environment.
In order to proceed with the Project, the District commenced removal of the trees in
the front of the School that are located on School District property. Because these trees
are on School District property, the City has no jurisdiction over their removal. (Keyhoe
v. City of Berkeley (1977) 67 Cal.App.3d 666.; Friends of Juana Briones House v. City of
Palo Alto (2010) 190 Cal. App.4' 286.)
The alternative parking lot suggestions from the City Traffic Engineer were just
that. They were not requirements but suggestions for the District and the Board of
Education to consider.
A great deal of time and energy has been spent on considering this Project. In
addition, when COVID-19 made it difficult for public meetings, the District utilized an
online "ThoughtExchange" in which more than 400 people participated with the highest
principle of school safety. The results of the ThoughtExchange are published on the
District website at
https://my.thoughtexchange.com/report/a30I ffaf793663461 I a5eOcf2e7409a0
In spring and fall 2019, the Ensign Intermediate School Site Council reviewed this
matter and unanimously endorsed the Project. See letter from President of the School Site
Council in which she states:
"The Ensign SSC has been actively involved in contributing input and
feedback through appropriate channels. When we had feedback, ideas or
concerns we followed the protocol we were asked to follow and shared these
PARKER & COVERT LLP
The Honorable Mayor and Members of the City Council
June 24, 2020
Page 3
thoughts in our SSC forum or privately with the school principal. We have
not jumped outside of this protocol because we feel our voice has been heard.
If you believe it is necessary to move outside of the desired process to share
our support in a more vocal manner we are happy to do so. However, we
trust the process and we trust that input has been gathered and considered in
a fair and appropriate way.
In conclusion, the Ensign SSC has gone through a two-year process
of learning about the project, providing input and ultimately endorsing this
project as what is best for our students and our school." (Attachment 3.)
On May 27'x' the District conducted a publicized Zoom webinar for public input. At
the Public Board Meeting of May 29, 2020, after discussion of the Project, the Board
unanimously affirmed the Project, including replacement of removed trees.
(Attachment 4).
The District retained the services of Dr. Randall Atlas to review the Project's plans
and specifications with their point of single entry. Dr. Atlas, in his letter to the City Council
dated June 18, 2020, stated that:
"In my opinion, the Plan meets the best practices related to school
infrastructure, including the most important school security feature, a single
point of entry to the campus at Cliff Drive. The Cliff Drive single point of
entry provides the maximum safety and physically separates students,
faculty, and staff at a single control point. This single point of entry can deter
undesired individuals and vehicles.
In conclusion the health, welfare, and safety of the public including
students, staff and parents will be improved by the Cliff Drive Drop-Off/Pick
Up Parking Lot Plan for Ensign Intermediate School." (Attachment 5.)
This Project, including the parent drop off on Cliff Drive, has also been the
subject of numerous public Board meetings and interactions at the staff level
between the City of Newport Beach and the Newport -Mesa Unified School District.
The following is a chronological list of public and staff interactions regarding the
Proj ect.
PARKER & COVERT LLP
The Honorable Mayor and Members of the City Council
June 24, 2020
Page 4
Date
Event
10/16/2018
Tony Brine, City Traffic Engineer, discusses with Ara Zareczny the
parent drop-off zone on Cliff Drive.
11/19/2018
Facilities requests from Tony Brine the City exhibits of the drop-off zone
on Cliff Drive and the new signage to be posted by the City.
11/28/2018
City provides the drop-off zone exhibits to Facilities
12/11/2018
District presentation at Board Meeting regarding school site security
improvements, including aerial photograph of Ensign project
1/7/2019
Facilities contacts Tony Brine due to street signage not installed over the
winter break as scheduled. Tony mentions the sign installation was
delayed and he will follow up. Tony responds later in the day that the
signs have been installed on Cliff Drive.
3/1/2019
Ara Zareczny sends Ensign site security fencing plans to City and
receives comments from Tony Brine (comments received from Brine
3/8/19) Comments from Tony are typical City standard details other than
a request to shorten the Cliff Dr. lot due to the City median on Cliff Dr.,
which would restrict a left turn, later the District agrees to pay to have the
median removed as part of the project. They also comment on the ADA
stall in the Cliff Dr. lot, however, the Division of State Architect (DSA) is
the lead agency and the City cannot alter ADA improvements already
approved by DSA.
6/26/2019
Steve Morris, District Facilities Coordinator, emails Tony Brine the civil
engineering lans for the proposed Ensign parking lots for his review.
7/3/2019
DSA approval of Ensign plans andspecifications.
7/25/2019
Ara Zareczny sends Tony Brine the DSA approved plans and mentions,
changes at this point would be difficult. Tony requests construction
schedule.
7/31/2019
Tony Brine requests notes be added to the construction plans stating an
encroachment permit is required
8/27/2019
District Report on School and Workplace Safety presented at Board
Meeting
8/28/2019
Ara Zareczny notifies Tony Brine that Facilities and Mike Sciacca will
meet to discuss the project schedule and advises that the only work that is
scheduled to occur at the time, other than HVAC completion, is the
demolition of the bus garage on 9/4/19.
9/4/2019
Facilities meets with Tony Brine and Michael Sciacca to discuss the
ro'ect schedule.
9/11/2020
Notice of 9/24/19 community meeting mailed to residents within 500 feet
of Project based on resident list provided by Cit
PARKER & COVERT LLP
The Honorable Mayor and Members of the City Council
June 24, 2020
Page 5
9/17/2019
Presentation at Board Meeting regarding update of Summer 2019
projects, including Ensign Intermediate School
9/24/2019
Ara Zareczny holds community meeting in the library at Ensign at 6PM
and presents overall project (including fencing and parking lots) and
project schedule. Less than 10 participants in attendance. Tony Brine
accepts the meeting request but does not attend.
12/16/2019
Bid opening date for project
12/20/2019
Letter of Intent sent to awarded contractor TELACU
1/16/202
Ara Zareczny sends a Start of Construction notice to Tony Brine and
provides a start date of 2/17/2020 and provides site logistic exhibits for
both Ensign and CdM.
1/16/2020
Notice to Proceed issued to general contractor, TELACU
1/24/2020
Tony Brine emails Ara Zareczny, copying James Houlihan, Brad
Sommers and Dave Webb, advising that the City Council will be holding
a study session on 1/28/2020 and providing a link to the presentation. He
advises that "NMUSD representatives are invited to attend and listen."
1/28/2020
Ara Zareczny attends the City Council Study session and is asked to come
to the podium to discuss the Ensign project and City staff involvement in
the project. Ara advises she has met with City staff on a regular basis
during the project.
2/3/2020
In person meeting at District offices with Jim Houlihan and Tony Brine to
discuss projects at Ensign and CdMHS with Facilities staff and Pinner
construction management firm staff
2/4/2020
Steve Morris sends email to both with links to Plans and Specs for
Ensign, CdM & Newport Height Parkin Lot
2/5/2020
Email from Jim Houlihan acknowledging the meeting and a recap of what
was discussed, 1. City requests no work start until City permits are
obtained — Districts position is there is work on district property that can
begin which does not require City permits, 2. City would like changes to
the project to allow a left turn off Cliff into the Cliff Dr. lot — District is
agreeable, 3. City requests IrvineBeacon gate remain open — District
objects due to single point entry and the City has no jurisdiction over on-
site activities, 4. City acknowledges they have no "purview" but suggests
the Cliff Drive lot comes at the expense on the neighborhood aesthetics.
2/10/2020
Email from Ara Zareczny to Jim Houlihan detailing the timeline of
community notification to date and forthcoming contractor permit
submittals
2/11/2020
Board of Education awards contract to TELACU
2/13/2020
Email from Tony Brine to Ara Zareczny providing information regarding
the encroachment permit process
PARKER & COVERT LLP
The Honorable Mayor and Members of the City Council
June 24, 2020
Page 6
2/13/2020
Ara Zareczny responds to Tony Brine and the above email
2/13/2020
District invites Jim Houlihan and Tony Brine to meeting 2/14/2020
2/13/2020
Tony declines meeting for 2/14/2020
2/13/2020
Ara Zareczny responds to Jim's 2/5/20 email, on which Tony is copied
and reminds Tony that the District provided DSA approved plans and
specifications on 2/4/20 and notes they are similar to the drawing
provided early 2019. Ara Zareczny requests review of the drawings prior
to the next meeting being scheduled for 2/14/2020
2/13/2020
Jim and Tony decline meeting for 2/14/2020
2/13/2020
District reschedules meeting for 2/21/2020
2/20/2020
Jim accepts meeting for 2/21/2020
2/21/2020
Jim reconfirms meeting for 2/21. Ara Zareczny email responds as well as
leaves a voicemail. Meeting is held to discuss encroachment permit
submission
2/23/2020
TELACU applies for encroachment permit on Cliff Dr.
2/26/2020
Meeting between District and City officials to discuss design concepts
along Cliff Dr.
2/27/2020
Traffic Engineer Jim Houlihan sends the District design concepts along
Cliff Drive that would preserve the trees and provides two options for
Cliff Drive drop off/parking lot. One option creates tree islands in
parking lot. This option proposes relocating several large trees into the
parking stalls or planting 60" new trees in parking stalls and 2 others on
campus. The other option eliminates on-site student drop-off and all
parking stalls, eliminates the school parking lot and proposes an inlet in
City right—of-way for drop off and pick up turn out. This option proposes
a shared school and community sidewalk, which would be on both City
and District property. Ara Zareczny responds to Jim, stating that the
facilities department will review.
3/9/2020
Ara Zareczny emails Jim and Tony thanking them for coming out to
Ensign to observe the traffic flow.
3/9/2020
Tony informs Ara Zareczny the review of the encroachment permits will
be finished soon and plan can be picked up in a day or two
3/10/2020
Tony emails Ara Zareczny informing her that the plans and comments
relating to the first submittal for the encroachment permit are ready to be
picked up.
3/11/2020
Comments back to TELACU on the encroachment permits. City includes
their proposed suggestions for redesign of the Cliff Drive lot. TELACU
advises they are on hold until direction is provided as to how to proceed.
3/12/2020
Tim Holcomb, Jim Houlihan, Tony Brine and Ara Zareczny meet to
discuss the City proposed suggestions. City staff acknowledges they have
13AIZKER & COVERT LLP
The I Ionorable Mayor and Members of the City Council
June 24. 2020
Page 7
Respectfully submitted,
c�ficer Covert
Ute(/
SEC/srb
Attachments 1-5
cc: Board of L -:duration
Dr. IA red Navarro, Superintendent
Mr. Tim Holcomb, Assistant Superintendent
Ms. Ara %areczny, Administrative Director. Facilities Planning Development and
Design
Aaron C. Harp, City Attorney
no purview over the District plans, those City Options are "Suggestions"
and not "conditions" on the City issuing the encroachment permit.
3/16/2020
Community meeting scheduled for Community Input, however canceled
due to COVID-19
3/25/202
In order to receive community input a Thoughtexchange was posted for
comments through March 29, 2020
4/15/2020
Jim emails Ara Zareczny and Steve and inquires regarding the survey
Thou htexchan e on Cliff Drive Parkin Lot
4/16/20
Call between Dr. Navarro and City Manager to set up a time to share
information regarding Thoughtexchange. Meeting takes place between
District and City representatives.
5/27/2020
The District conducts publicized Zoom webinar regarding the project and
speakers provide input, which was considered by the Board on May 29`i'.
5/29/2020
Board meeting open session, Board agenda provides background and
contains following recommendations, which are unanimously approved:
1. Maintain the existing memorial tree in the entry plaza.
2. Replace removed trees at a ratio of at least one-to-one.
3. Create additional enhanced outdoor student gathering areas within
the campus.
4. Offer to plant additional trees and shrubs in the City right-of-way
along Cliff Drive to help to shield parking lot view from nearby
residents.
Respectfully submitted,
c�ficer Covert
Ute(/
SEC/srb
Attachments 1-5
cc: Board of L -:duration
Dr. IA red Navarro, Superintendent
Mr. Tim Holcomb, Assistant Superintendent
Ms. Ara %areczny, Administrative Director. Facilities Planning Development and
Design
Aaron C. Harp, City Attorney
ATTACHMENT 1
N
--*� Newport -Mesa
1'1 Unified School District
August 27, 2019
Mussell Lee -Sung, aputy Superintendent
Dr. Phil LYAgostino, Administrative Director - Student Services
,1 Newport -Mesa
1 ,"1 Unified School District
l
Our most important priority...
Safety for all Students and Staff
❖ Being Proactive and Prepared
W
❖ Working Together in Partnerships
---k Newport -Mesa
1, Unified School District
Our most important outcomes...
❖ Everyone knows what to do and feels
empowered, not fearful
❖ Everyone has ownership and accepts
responsibility for safety
❖ Everyone works together for a caring
environment
W,
Newport -Mesa
Unified School District
14 12 School Security Study
12 Findings From the Field
How d+
Hanover Research - 2018
;i, '0
safety actions?
o .cur
I. EMERGENCY PREPAREDNESS
f ► Finding #1: School Safety is a
Cross -Functional Responsibility
f ► Finding #2: Training is the Most
Critical Element to Safety Plans
f ► Finding #3: Adaptive Protocols
/ Drive Dynamic Responsiveness
V ► Finding #4: Focus on Both
Threat Prevention and Detection
11. BUILDING SECURITY
f ► Finding #5: Vulnerability
Assessments Create
the Roadmap
f ► Finding #6: Secured Entry
Access for Buildings
and Classrooms
V ► Finding #7: Use of Multi -Step
Visitor Management Systems to
Scan and Track School Visitors
f ► Finding #8: Investments
in Next Gen Emergency
Communication Tools
M F+ Finding #9: Police Partnerships
Create a Culture of Safety
V
> Fmffln�- #10: Prevalence of
Armed Security Officers
in Secondary Schools
111. COMMUNITY ENGAGEMENT
f ► Finding #11: Parents Push
for More Security
f► Finding #12: Communication
and Feedback Mechanisms
Reduce Anxiety
Newport -Mesa
1 Unified School District
&I
In Safety @ N\/LSD
(New safety items listed in red)
�, Newport -Mesa
1 -"*A -*A Unified School District
&.e I dim ng a Oil t ure
of Safety, Respect and Kndness
Newport -Mesa
Unified School District
14
AOilture of Slety
* Standing Item at Cabinet level and Principal
Meetings
* Challenge Success Partnership- CdMHS
* Emotional/Behavioral Health Support
* Suicide Prevention -Training, Signage, ID Cards
..
* Bullying Prevention
* Restorative Practices Training, Multi -Year Initiative
• Human Relations Activities and Training
* Human Relations Task Force
Newport -Mesa
1 Unified School District
Enhup"wo ng
Partnerships
e With Local Agencies &EaVloyee Groups
Newport -Mesa Refety ^Uni`ied School District Paft
�r'�/'1r+^ I n fnvI%r_v* u,� edY'�/'1f'1�'�/ S
* SRO Program with CMPD and NBPD
• Multi -Agency training exercises with NB and CM
• Newport Beach Unified Command Planning
* Joint Safety Meetings w/ CSEA, NMFT, NMAA
* Safety & Health Committee Quarterly Meetings
• School Preparedness Academy (SPA)
City Emergency Personnel Meetings
Standard Reunification Method
f?1* love Uguvs
F O U N D A T 1 O N
---A Newport -Mesa
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FbO cd ErRMrcrirrur�ts
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* Visitor Management System - Raptor
* On-going Fencing and Ingress/Egress Projects
o Ensign and CdMHS (2019)
• AEDs at Elementary Schools/Lindbergh/Harper
• AEDs at all secondary sites and District Office
Newport -Mesa
1 Unified School District
� Newport -Mesa
11 Unified School District Trei ni ng/ Dri I I s
Mandated Drills w/various scenarios
�k Emergency Supplies and Equipment
�k Great Shakeout - October 17
* EOC Training - OC Sheriff Dept
School Preparedness Academy (SPA)
* Districtwide Communication Drills
fit- H.E.R.O. Pilot 2019-20 (Grades TK -6)
* FBI -Threat Assessment
Multi -Agency training exercises w/ NB and CM
�k Newport Beach Unified Command Planning
ON
"11,, � Newport -Mesa
1 , 1 Unified School District
Fmergency/Tsbn-Fmergency
Systems
Newport -Mesa
Unified SCh001 District
Qxffminication
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NMUSD Safety Webpage
Internal Written Communication System - Safety Bulletins
Two-way Communications -Minimum Standard for Radios
Blackboard - Non -Emergency System
Titan - Emergency Communication System
Newport -Mesa
1 1 Unified School District
Our most important outcomes...
❖ Everyone knows what to do and feels
empowered, not fearful
❖ Everyone has ownership and accepts
responsibility for safety
°° ❖ Everyone works together for a caring
environment
ATTACHMENT 2
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I-- S
2000 Cliff Dr. Newport Beach CA 92663
DETAILED DESCRIPTION OF PROPOSED WORK:
Addition of (2) new drive approaches and (1) culvert drain and
sidewalk revisions along Cliff Dr at Ensign Intermediate between
Irvine Ave and St. Andrews.
APPLICANT: Bryan Aylor
jPhone: (714) 659-4569
Email Address: baylor@telacu. com
Mailing Address; _lCity/State/Zip:
604 N. Eckhoff St Orange, CA 92868
OWNER: Newport -Mesa Unified School District Phone: (714) 424-5000
Email Address: smorri s@nmusd. us
Mailing Address: City/State/Zip:
2985 Bear St. lCosta Mesa, CA 92626
ALL CONTRACTOR INFORMATION IS REQUIRED -PLEASE COMPLETE
CONTRACTOR: TELACU Construction Management Office Phone: (714) 541-2390
Company (if different): N/A JobsitePhone: (714)6S9-4569
Other Phone: N/A
Email Address: baylor@telacu. com
Mailing Address:
604 N. Eckhoff St
City/State/Zip:
Orange, CA 92868W
State License Number & Class: 741851
Expires: 10 /31/ 21
City Business License Number: BT3 0 0 6 2 6 14
Expires: 3 / 31 / 20
WORKERS COMPENSATION INSURANCE - Certificate of Insurance (Section 3800 Labor Code)
Company:zurich American insurance Company Policy No:WC038164604 Expires: 7/1/2020
.................. .......
F2't-F.-Ui�bAl3LE:DEPOSit'iN'FbiRpAjkTibN:(If'.,4-0...Ircfile-.. . ............
..... ...........
.... .... ... ............... .... ....
........... . ... ... .. . ..... .... ..
.. . ................ ................. . .. ... ....... ......... ........
FOR OFFICE USE ONLY
Special Conditions of Permit: ..R/__,R s
--------------
ADDITIORAL -APPROVAL REQUIRED FROM THE FOLLOWING DEPARTMENTS
Utilities: Traffic: Fire:
General Services: Other:
EngineeringPublic Technician; qVyo,rI(sSpecia1ist: Date: Permit No
Public Works Department 949-644-33,11
21
FEE WORKSHEET FOR ENCROACHMENT PERMIT
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
All Fees Are Non -Refundable Unless Otherwise Stated
[[APPLICANT:
ROJECT ADDRESS: d�- PERMIT
���o 4f- NUMBER: N2020. ( 3
Permit Processing Fee:
Public Works Only
Oty.
$266.00
Inspection Fee:
Public Works Field Inspection $182.00
Other Department
$303.00
Utilities Field Inspection $133.00
Agreement Fee:
Receipt No.
Water Quality/Artificial Turf Inspection $119.00
Preparation of Report/Agreement
$901.00
,//
Document Recordation Fee
Monitoring Wells
$211.00
$553.00
Refundable Deposit: TBD
Improvements TBD
Street/Alley/Walk Closure:
$72.00L�
Newspaper Rack Inspection $119.00 u
Traffic Control Plan Check
8-1/2" x 11"
24" x 36"
$72.00
$157.00
Sewer Connection Fee $250.00
4TT Box & Cover
$64.00
Additional
--
- – --
—— -- ------—
THE FOLLOWING--ITEMS--R—EQU—IRE APPROVAL FROM THE Revenue—Division------- —1
I REVENUE DIVISION PRIOR TO PAYMENT OF FEES Approval:
11
IWater Meter:
Qty.
Qt .
13/4" Meter
Installation Charge $581.00
$50.25
1
Meter
$121.50
Water Meter Boxes:
�11"
1 1/2" Meter
$285.00
1" DFW Meter Box $96.
11 1/2" Turbine Meter
$700.00
2" DFW Meter Box $203 .2466
12" Meter
$425.00
I
12" Turbine Meter
$845.00
I
13" Meter
$3,310.00
14" Meter
$4,730.00
16" Meter
$7,190.00
MISCELLANEOUS FEES
Qty. Budget Number
Development Services Fee (Plan check hourly)
$170.00 5200-5015
Final Tract Map Checking Fee
$2,742.00 5200-5026
Final Parcel Map Checking Fee - Moderate
$2,742.00 5200-5027
Lot Line Adjustment Fee
$1,189.00 5200-5028
Park Dedication Fee
Zone
TBD 405-470_
Street Easement/Vacation Fee (+100% of hrly over 4 hrs)
$1,126.00 5200-5031
Street Tree Fee ($700 Planting Fee)
TBD MOD023
Engineering Tech:
Total Amount Due:
mm
For Finance use Only
(fi0
Permit eeialst
Receipt No.
( T_(�_ I
Rev. 1/16120201
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Ensign Intermediate School
Cliff Drive improvements
Encroachment Permit Conditions
June 16, 2020
The following Conditions to the Encroachment Permit for the Cliff Drive Improvements were
discussed with NMUSD staff and consultants on June 12, 2020. The attached plans also show
the location of the agreed conditions.
Condition 1: Sawcut existing 8 -foot wide sidewalk to match the adjacent existing 6 -foot wide
sidewalk, approximately street station 14+95 to 16+50. Plant 36 -inch box street trees to match
the spacing and type of the existing street trees. Coordinate placement and selection of trees
with City of Newport Beach arborist. Work shall be per City of Newport Beach Standard Plans.
Condition 2: Remove existing striping and install new striping once the existing median island is
removed per the plan. C44ew-;- p,R/�/;� W8,-k,r 0" S-Ar;p;r�,
Condition 3: In the area where contractor will remove asphalt concrete adjacent to the existing
sidewalk, approximately street station 17+60 to 18+70, plant 36 -inch box street trees to match
the spacing and type of the existing street trees. Coordinate placement and selection of trees
with the City of Newport Beach arborist. Work shall be per City of Newport Beach Standard
Plans.
General: Contractor to coordinate all work adjacent to the City's trees with the City of Newport
Beach arborist.
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27
CITY OF NEWPORT BEACH CASH RECEIPT
FINANCE DEPARTMENT
100 Civic Center Drive, Newport Beach, CA 92660
P.O. BOX 1768, Newport Beach, CA 92658-8915
Permit Number: N2020-0366 Plan Check Number:
Today's Date : Jun 16, 2020 Receipt Number: R000106308
Job Address: 2000 CLIFF DR NB
Description: ADDITION OF 2 NEW DRIVE APPROACHES AND 1 CULVERT DRAIN;
Owner: SCHOOL NEWPORT BEACH
Applicant: TELACU CONSTRUCTION MANAGEMENT INC
Date Paid: Jun,16,2020 02:14 PM Total Paid: $1,358.00
Notation: AYLOR/TELACU
Initial: DE
Description Payment Type Check Number
Payment Credit Crd
FOR PLAN CHECKS ONLY:
TARGET DATE:
Card Type
VISA
Tendered
$1,358.00
For status, please log on to www.newpgrtbeachca.gov/building, and select PLAN CHECK STATUS or
call (949) 644-3255
NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL
ATTACHMENT 3
29
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�L.t. t�C,dtf'ta^ci(i�GC!}ica _z 53
Newport Beach City Council,
The Ensign School Site Council (SSC) is a school advisory team consisting of parents, teachers,
administrators, office staff and students. The Ensign SSC has been actively involved with the
security fencing and parking project for approximately two years. Beginning in the spring of
2018, the SSC has been aware of this project and has been actively providing input and
feedback with regards to this project.
In the spring of 2019, the N-MUSD facilities team presented the details of the project to our
entire SSC team. Our team was able to ask questions, receive clarification on details and
provide input to the district. The security fencing and parking project has been an agenda
item on almost every SSC meeting over the last two years in order to ensure the voice of SSC
was prominent in the decision making process as well as to ensure our SSC members were well
informed regarding the details and timeline of this project.
At our November 19th 2019 SSC meeting, we asked our members if the SSC would endorse the
project in its current form. Our SSC unanimously supported the project. Our team agreed
that, while there were certainly tradeoffs in this project, the benefits clearly outweighed the
drawbacks. Student safety, was and is paramount, and guided our input and support. This
project will significantly increase the school's ability to keep our students safe both at school
and white arriving and departing.
The Ensign SSC has been actively involved in contributing input and feedback through
appropriate channels. When we had feedback, ideas or concerns we followed the protocol we
were asked to follow and shared these thoughts in our SSC forum or privately with the school
principal. We have not jumped outside of this protocol because we feel our voice has been
heard. if you believe it is necessary to move outside of the desired process to share our
support in a more vocal manner, we are happy to do so. However, we trust the process and we
trust that input has been gathered and considered in a fair and appropriate way.
In conclusion, the Ensign SSC has gone through a two-year process of learning about the
project, providing input and ultimately endorsing this project as what is best for our students
and our school.
Thank you
J
(je�, r Br ks
dent, Ensign School Site Council
30
ATTACHMENT 4
31
6/23/2020 https://newportmesa.agendaonline.net/public/Meeting.aspx?AgencylD=47&MeetinglD=78487&AgencyTypelD=1&IsArchived=False
Horne] Sign In
t online
Secure
Go Back Special Meeting of the Board of Education Via Teleconference
Newport -Mesa USD
May 29, 2020 10:OOAM
Print District Education Center - Roderick H. MacMillian Board Room 2985 A Bear Street Costa
Mesa, California 92626
1. Special Board Meeting via Teleconference
Quick Summary/ Abstract:
NOTICE OF SPECIAL MEETING -CLOSED SESSION VIA TELECONFERENCE
By Executive Order N-29-20, issued on March 18, 2020, NMUSD Board meetings will be closed to the
public. Public Comment on the special meeting agenda items only may be submitted prior to the special meeting
via electronic submissions no later than Friday, May 29, 2020 by 7:30 a.m. via the following links:
English: https://forms.gle/NSjM9tYYhrkhgcbY7
Spanish: https://forms.gle/g3i2Sm8QiJdWtPvh6
ELECTRONIC PUBLIC COMMENT OPPORTUNITIES. The following opportunities are offered to members of
the public at special meetings to make comments electronically and will be read into the video record.
• Special Meeting: Members of the public may comment on items listed on the Special Meeting agenda
only.
NMUSD Public Board (Meeting (Zoom Webinar)
Join Meeting - https://nmusdzoom.us4/93724611290
2. Call to Order
2.a. Call to Order - Presiding Chairperson
3. Roll Call
3.a. Board of Education/Superintendent
4. Adoption of Agenda
4.a. Adoption of Agenda
Recommended Motion:
It is recommended that the Board of Education adopt the agenda as presented.
5. Community Input on Special Agenda Items Only
5.a. Comment Cards are Requested to be Submitted Electronically No Later Than 7:30
a.m. on Friday, May 29, 2020
Quick Summary / Abstract:
This is an opportunity for the public to address the Board regarding items on the Special Meeting agenda
only. Each speaker has 3 minutes of comment read time and per BB 9323 there is a maximum of 20
minutes of comments per topic. With Board consent the President may increase or decrease the time
allowed for public comments, depending on the topic and the number of persons submitting comment.
All comments are recorded in full on the meeting video record.
Electronic comment cards must be submitted no later than 7:30 a.m. on Friday, May 29, 2020 using the
following links:
English: https://forms.gle/NSjM9tYYhrkhgcbY7
Spanish: https://forms.gle/g3i2Sm8QiJdWtPvh6
6/23/2020 https://newportmesa.agendaonline.net/public/Meeting.aspx?AgencylD=47&MeetinglD=78487&AgencyTypelD=1&IsArchived=False
The Board of Education will receive an update on the State of California and Newport -Mesa Unified School
District budgets. Fiscal Services Staff will present an overview of past recessions, current affairs, and what
can be expected in the future.
Current Consideration:
This information is presented to the Board of Education for their discussion.
Approved by:
Holcomb/Trader
Board Agenda
May 29, 2020
7. Closed Session
7.a. Conference with Legal Counsel - Anticipated Litigation - Significant exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section
54956.9: 1 potential case, Delay in proceeding with Security Fencing and Drop-offlParking
Lot Project at Ensign Intermediate School
8. Discussion/Action Calendar
8.a. Approve Revisions to the Security Fencing and Drop-off/Parking Lot Project at
Ensign Intermediate School
Recommended Motion:
It is recommended that the Board of Education approve staff recommendations for revisions to the Security
Fencing and Drop-off/Parking Lot Project at Ensign Intermediate School and authorize the Assistant
Superintendent, Chief Operating Officer to execute as approved.
Financial Impact- -
Special reserve fund for capital outlay projects, Facilities - $400,000-$600,000 contingent on final scope
and design
Commends'
Background:
On February 11, 2020, the Board of Education ratified the award of Bid # 122-19 with TELACU
Cart.structim Management for Site Security Fencing at Ensign Intermediate and Corona del Mar High
SchooVMiddfe School. The primary goals of the Ensign Intermediate School Security and Drop-off/Parking
Lot project are to provide enhanced security and safety with requisite on-site drop-off and parking. The
scope of the project includes: replacement of existing temporary and permanent fencing with new and
enhanced permanent security fencing, reconfiguration of the existing parking lot, construction of an
additional parking lot along Irvine Avenue to accommodate approximately 45 parking spaces, construction
of a new pick-up/drop-off lot at the front of the school, which Includes a one-way drop-off/pick-up lane and
approximately 20 parking spaces, construction of a new bike enclosure, new pathways to facility student
movement on campus, enhanced landscaping in affected areas and a remodel of the front office to improve
security through better visibility and access control.
In April of 2020, the district conducted a Thoughtexchange to obtain input on the project from students,
parents/guardians, employees and community members. More than 400 people participated in the
Thoughtexchange and the following themes (highest rated thoughts) emerged as the top three: #1) safety,
#2) educate and enforce, and #3) Irvine gate. Since these supported the goals of the project as currently
designed and approved, staff looked for opportunities to enhance the project in keeping with the
Thoughtexhange input, that would augment those goals and not conflict with them.
This agenda item from April 28, 2020 was postponed. Additional public input was obtained on May 27,
2020 via Zoom Webinar. The public input is attached and has been considered by district staff.
The following recommendations for project revisions reflect the public input that has been obtained by thel
district.
1. Maintain the existing memorial tree in the entry plaza
2. Replace removed trees at a ratio of at least one-to-one
3. Create additional enhanced outdoor student gathering areas within the campus
4. Offer to plant additional trees and shrubs in the city right-of-way along Cliff Drive to help to shield parking
lot view from nearby residents.
In the alternative, if the Cliff Drive portion of the project is canceled, then the current improvements will not
occur on Cliff Drive and the district will not be able to provide a single -point entry to Ensign Intermediate
School for school year 20/21. This decision would mean the walkways (interior and exterior), single -point
front entry gates, entry plaza, student drop-off lot, parking stalls, landscaping, decorative fencing, and chain
link fencing on the front of the school will not occur.
Current Consideration:
Staff recommends approval of the motion.
Approved by:
Holcomb/Zareczny
Board Agenda
May 29, 2020
Attachments:
Ensign Public Comments 05-27-20 QA Report
9. Adjournment
33
ATTACHMENT 5
kv,
ATLAS SAFETY & SECURITY DESIGN, INC.
June 18, 2020
Honorable Mayor and City Council
City of Newport Beach
Newport Beach, CA 92660
Re: Ensign Intermediate School Project
Dear Honorable Mayor and Members of the City Council:
I have been requested by the Newport -Mesa Unified School District to examine the
Division of State Architect approved Ensign Intermediate School Plan, including the
District Cliff Drive Drop-Off/Pick Up Parking Lot Plan (the "Plan"). In my opinion, the
Plan meets the best practices related to school infrastructure, including the most
important school security feature, a single point of entry to the campus at Cliff Drive.
The Cliff Drive single point of entry provides the maximum safety and physically
separates students, faculty, and staff at a single control point. This single point of entry
can deter undesired individuals and vehicles.
In conclusion the health, welfare, and safety of the public including students, staff and
parents will be improved by the Cliff Drive Drop-Off/Pick Up Parking Lot Plan for
Ensign Intermediate School.
A copy of my curriculum vitae is attached for your reference.
Respectfully yours,
}, V
Randy I. Atlas Ph.D., FAIA, CPP
333 LAS OLAS WAY SUITE 1605, FT. LAUDERDALE, FL. 33301 -PHONE 305.332-6588 -EMAIL RATLASOIX.NETCOM.COM• WWW.CPTED-SECURITY.COM I
35
ATLAS SAFETY & SECURITY DESIGN INC.
RANDY I. ATLAS Ph.D., FAIA, CPP - VITA REVISED 6/20
PRESIDENT
SERVICES Crime Prevention Through Environmental Design (CPTED)/Security Design and Analysis
PROVIDED: Americans with Disability Act Accessibility Audits, Compliance
Anti -Terrorism Security Assessment and Design
Architectural Programming and Design of Criminal Justice facilities
Expert Witness Testimony in Security Negligence Premises Liability Cases
Expert Testimony on slips, trips, falls, architectural defects, building code compliance
Risk Threat Vulnerability Assessments, Anti -Terrorism Security Master Plans
Training in CPTED, security design, accessibility, jail and prison violence/suicide
PROFESSIONAL CERTIFIED PROTECTION PROFESSIONAL (CPP) from ASIS, #5061
REGISTRATION: REGISTERED ARCHITECT, State of Florida, #15954; State of Louisiana #5287
NCARB REGISTERED, National Council Architectural Registration Board #31121
CERTIFIED in Sandia Labs Risk Assessment Methodology RAM -W (Dams),T (Power) 2002
CERTIFIED in Critical Infrastructure and Asset Protection — ACAM and PCII, April 2010
CERTIFIED Anti -Terrorism Specialist, Anti -Terrorism Accreditation Board. #100342
CERTIFIED Master Anti -Terrorism Specialist, Anti -Terrorism Accreditation Board. 2010
CERTIFIED in Quality Matters On Line ELearning Certification for FAU Course on CPTED 2013
PROFESSIONAL AMERICAN INSTITUTE OF ARCHITECTS (AIA), Fellowship status in 2015, AIA Architecture for
AFFILIATIONS: Justice Committee member; AMERICAN CORRECTIONAL ASSOCIATION (ACA), Design and
Technology Committee member; AMERICAN SOCIETY OF INDUSTRIAL SECURITY (ASIS),
Past Chairman of the Security Architecture and Engineering Council; AMERICAN SOCIETY OF
SAFETY PROFESSIONALS (ASSP); ENVIRONMENTAL DESIGN RESEARCH ASSOCIATION
(EDRA) Appointed on Editorial Review Board for Environment and Behavior Magazine;
NATIONAL SAFETY COUNCIL, Falls Prevention Committee, NATIONAL FIRE PROTECTION
ASSOCIATION (NFPA) Premises Security Committee 730-731; AMERICAN SOCIETY OF
TESTING MATERIALS (ASTM) Technical committees F33 on Corrections and Detention
Facilities, ASTM E54 Homeland Security Committee, F13 Pedestrian/Walkway Safety and
Footwear, F12 Committee on Security Systems and Equipment; HUMAN FACTORS &
ERGONOMICS SOCIETY; National Institute of Justice Advisory Board on AMERICANS WITH
DISABILITIES ACT and CPTED, Board member representative of the FLORIDA DESIGN OUT
CRIME (FDOCA); United States Regional Board member of the INTERNATIONAL CPTED
ASSOCIATION (ICA), U.S. HOUSING URBAN DEVELOPMENT Technical Assistance Consultant
on Security and Crime Prevention; U.S. Department of Justice NATIONAL INSTITUTE OF
CORRECTIONS Technical Assistance Consultant. Dr. Atlas has been appointed to the Oklahoma
City National Memorial Institute of the Prevention of Terrorism Peer Review Panel 2001; Member
of the ASIS Physical Security Measures (PSM) Guideline Committee; member of
INTERNATIONAL SOCIETY OF CRIME PREVENTION PRACTITIONERS; member of
INTERNATIONAL ASSOCIATION OF COUNTERTERRORISM AND SECURITY
PROFESSIONALS; Greater Miami & the Beaches Hotel Association; member FLORIDA CRIME
PREVENTION ASSOCIATION; NATIONAL FLOOR SAFETY INSTITUTE Standards Committee
B101- Safety Requirements for Slip, Trip and Fall Prevention 2010-2012; Member of Infra -Gard
South Florida; Member of INTERNATIONAL ASSOCIATION OF PROFESSIONAL SECURITY
CONSULTANTS; Appointed to the Guidelines Task Force for Security Design Guidelines for
Healthcare Facilities with the INTERNATIONAL ASSOCIATION OF HEALTHCARE SECURITY
AND SAFETY (IAHSS). ASIS Facility Physical Security Standards Task Group 2020.
333 LAS OLAS WAY SUITE 1605, FT. LAUDERDALE, FL. 33301 -PHONE 305.332-6588 -EMAIL RATLASS IX.NETCOM,COM WWW.CPTFD-SECUPJTY.COM
36
EDUCATION: Doctorate of Criminology, Florida State University, 1982;
Masters of Architecture, University of Illinois, 1976;
Bachelor of Criminal Justice, University of South Florida, 1976;
Bachelor of Architecture, University of Florida, 1974.
TEACHING: ADJUNCT PROFESSOR Florida Atlantic University, College of Social Inquiry (Architecture,
Criminal Justice and Urban Planning). Designing Safe Communities with CPTED (Crime
Prevention Through Environmental Design), 1998, 2005 - Present. Fort Lauderdale and Boca
Campuses, ELearning, and Continuing Education. E -Learning Course on CPTED with the FAU
Institute of Design and Technology (IDAC).
ADJUNCT PROFESSOR University of Miami, Criminal Justice Program Dept. 1989-1991.
University of Miami, School of Architecture, courses in Crime Prevention Through Environmental
Design (CPTED) 1991, 1994,1995.
ADJUNCT PROFESSOR Criminal Justice Program - Corrections, Criminology, Criminal Justice
and Crime Prevention Through Environmental Design Classes, Florida International University,
Miami, Florida. 1984 to1991, 1997.
VISITING INSTRUCTOR National Crime Prevention Institute (NCPI), University of Louisville.
Crime Prevention Through Environmental Design (CPTED) Classes, Design for Infrastructure
Protection, Design Safe Schools. 1993 through 2008.
PROFESSOR Keiser College, Criminal Justice Department. Pembroke Pines, FL. Criminal
Justice Classes: Deviant Behavior; Victimology; Organized Crime; White Collar Crime; Drugs in
Society; Alternative Punishment; Comparative Criminal Justice Organizations; Intro to Corrections,
Capstone -Independent Studies. 2006 - 2013.
PROJECT EXPERIENCE:
• CPTED CONSULTANT to SH Brandt Architects for the Pompano Pointe Apartments, Pompano Beach, FL. Public
Safety Plan and Risk Assessment. May 2020
• CPTED CONSULTANT to Bellon Architects for the Oak Enclave Apartments, Miami Gardens, FL. Public Safety
Plan and Risk Assessment. May 2020
• CPTED CONSULTANT to MSA Architects on Pompano Station Apartments. Pompano Beach Public Safety Plan
and Risk Assessment. Pompano Beach, FL. April, 2020
• CPTED CONSULTANT for the Newport/Costa Mesa School District, re: Ensign Middle School Security CPTED
review. Newport- Mesa CA. March 2020
• CPTED CONSULTANT to RDC Design Build on Pompano Beach Amphitheater Roofing Project. Pompano Beach
Public Safety Plan and Risk Assessment. Pompano Beach, FL. March, 2020
• CPTED CONSULTANT to MSA Architects on Hidden Harbour at Harbourside. Pompano Beach Public Safety Plan
and Risk Assessment. Pompano Beach, FL. February, 2020
• CPTED CONSULTANT for MC Harry Associates, Miami International Airport Facade Improvement Vulnerability
Threat Assessment. Miami, FL January, 2020
• CPTED CONSULTANT for ADG Architecture, to City of Sanibel Island Government Center Security Risk
Assessment. Sanibel, FL. January, 2020
• CPTED CONSULTANT for Zyscovich Architects, for Collier County High School. Naples, FL. January 2020
• CPTED CONSULTANT for MHKAP Architecture, to City of Naples Government Center Security Risk Assessment.
Naples, FL. November 2019
333 LAS OLAS WAY SUITE 1605, FT. LAUDERDALE, FL. 33301 -PHONE 305.332-6588 -EMAIL RATLAS@IX.NETCOM COM WWW.CPTED-SECURITY.COM 2
37
Received After Agenda Printed
June 25, 2020
Item No. 1
From: Charlene <charlene.ashendorf@gmail.com>
Sent: Wednesday, June 24, 2020 7:41 PM
To: City Clerk's Office
Subject: PUBLIC HEARING Item #1Review of Cliff Drive Encroachment Permit
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
My name is Charlene Ashendorf. My husband and I live at 3210
Montana Avenue in Costa Mesa. We are 20 -year residents. Prior to
that, we resided in Newport Beach for eight years.
My husband is a teacher with NMUSD. I serve on the city's Parks
Arts and Community Services Commission.
We have made a life of service.
I want to express my displeasure with how the school district
approached and proceeded with this project (Ensign). I believe
there were other alternative solutions. I believe the public spoke to
the school board and to the city. But the school board did not listen.
Now you can!
The way the school district came in on Monday June 23 and cut
down 15 trees halfway until they were ordered to cease is
irresponsible. The devastation left behind is an image I can never
shake. But the hundreds of swallows circling the debris, seeking
their former homes is something I cannot un -hear.
I urge you to consider delaying this project and ordering a public
hearing. While the environment has been permanently irreparable,
an alternate plan could satisfy the safety issues. Fools rushed in, as
the song goes... where wise men and women never go. This project
oculd use a few angels...
Received After Agenda Printed
June 25, 2020
Item No. 1
From: Jimmy Thomas <jtx12@hotmail.com>
Sent: Wednesday, June 24, 2020 10:10 PM
To: City Clerk's Office
Subject: Public Comment For 3PM Public Hearing - City Council ... Ensign Encroachment Permit
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
I am writing this letter in support of the Cliff Drive encroachment permit issued to NMUSD for Ensign. It seems much of
the controversy about this permit centers around many in the community believing the school board errored in not
moving forward the Newport Beach drop off alternative. They viewed this alternative as a "silver bullet" since it would
simultaneously save the trees and provide quality student security and safety. The Newport Beach drop off alternative
may have inadvertently fooled them. Either you save the trees, or you provide top notch student security and
safety. But, you can't do both. Therefore, the school district made the correct decision at Ensign and their permit
should stand.
The Newport Beach drop off alternative shouldn't be material in any decision by the city council.
A few comments in the ThoughtExchange reference the state of California's drop off building regulations for
schools. Using google with the ThoughtExchange verbage, we found drop off building regulations online at the state of
California's department of education's website.
After reviewing the state's rules and examples covering drop off regulations, it seems that the Newport Beach drop off
alternative might not fulfill state regulations. I called Jim Houlihan, a city engineer, with my reservations. He said he did
not know if the alternative fulfills the state regulations and said such a determination would require an outside expert
opinion.
Furthermore, after my discussion with Houlihan, I came away with the impression that it is unknown if the Newport
Beach alternative could support as many cars as the school districts banana lot.
The school district's banana lot was designed by an architect who is proficient in school design, school building
regulation and security protocols. The banana lot is a standard approach that is shovel ready. In contrast, the Newport
Beach alternative is just a rough sketch that likely could not provide the same level of efficiency or safety, and may not
be allowed under state build regulations for schools.
Many in the community thought they had a silver bullet
Since the Newport Beach drop off alternative came from a city engineer, some community members incorrectly
assumed the alternative was fully vetted and shovel ready even though the city never presented it that
way. Community members voraciously supported the city's alternative to the school board and other community
members as the "silver bullet" that would save the trees and provide student safety and security. In hindsight, if the
city had known their rough sketch would be misread as fully vetted and shovel ready they would have put a warning on
the drawing. Even better, the city could have hid their alternative unless it survived a deeper analysis. The city council
could cool off tensions in the community if they would explain this to the public at Thursday's hearing.
NMUSD opted for the safety and security of students over the preservation of trees
Removing the Newport Beach drop off alternative from the running only leaves the banana lot alternative. After two
years in the public forum, no other viable alternative has been presented by anyone. Since the banana lot drop off
alternative was designed by architects' proficient with state regulations and security protocols, it should provide
abundant student safety and security.
Unfortunately, this leaves the community with the age old problem of selecting the lesser of two evils. Do we save the
trees while we compromise student safety and security? Do we remove and replace the trees so we can keep the
students safe and secure? To me the answer is clear. Student safety and security is utmost so the trees have to be
removed and replaced. I think the school board was presented with a tough decision and sided on behalf of student
safety and security. This was the right decision. The city council should support their decision and let the permit stand.
Jim Kociuba
Newport Beach
PI
Received After Agenda Printed
June 25, 2020
Item No. 1
From: CB <bornncalif@gmail.com>
Sent: Thursday, June 25, 2020 6:37 AM
To: City Clerk's Office
Subject: Trees
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
To whom it may concern,
It is come to my attention that trees on school property are being cut down without the communities permission,
understanding, and or knowledge of this happening.
Why as community members did I not know that this was happening? why does Newport Mesa unified school District
have the audacity to not have proper permits?
This is quite concerning.... trees are an Intercal part of any city, school's, air quality! and should have proper attention by
an arborist if there is an issue with safety or other concerns.
It's not a good thing for the city and the community if things are done behind residence back's!
Thanks from a voice of concern,
Cari Ballinger
925-207-9845
Sent from my iPad
1
Received After Agenda Printed
June 25, 2020
Rieff, Kim Item No. 1
From: Kristen Petros <petrosfam@roadrunner.com>
Sent: Thursday, June 25, 2020 7:58 AM
To: City Clerk's Office
Subject: Cliff Drive Encroachment Permit June 25 City Council Meeting
(EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Please forward to the Newport Beach City Council for today's meeting.
Honorable Mayor and City Council:
Thank you for the opportunity to comment on the Encroachment Permit at Ensign School. As you know, a number of
large, majestic, mature trees have been removed along Cliff Drive in front of Ensign School a couple of days ago. I
witnessed this and was aghast that the Newport Mesa School District would do this prior to further discussion on the
matter with the City and neighbors. The trees provided screening of the old school buildings, a beautiful street scene,
habitat for the birds that are still hovering over the chopped trees, and much needed shade for the campus and the
children and teachers who use it.
Knowing that there were alternatives presented to the district for the driveway/circulation improvements that did not
remove the onsite trees and that the District ignored them is incredibly arrogant and sad. I would suggest the City
rescind the Encroachment Permit until it can condition it as follows:
1. No new Cassia(I think) trees (the orange flowering trees on Cliff and Irvine) shall be removed.
2. All trees removed, both onsite and street trees, shall be replaced with 36- inch box trees approved by the City prior to
installation at a 2:1 ratio.
3. Trees shall be replaced primarily onsite and in the near vicinity if all cannot fit onsite.
4. Trees shall be of a type that provides shade and shall be approved by the City of Newport Beach prior to installation.
Note: The 2:1 ratio should be required due to the age and size of the specimen trees that were removed. The City
approving the trees ahead of time ensures that small trees put into 36 inch boxes won't occur and that the type is
appropriate.
CEQA Discussion
The staff report states that this permit is associated with a larger project being undertaken by the School District and
would therefore be included in their CEQA review. The problem is that the District determined the entire project Exempt
from CEQA without considering the fact that removal of these specimen trees could result in a significant impact. (Sec
15300.2 of Title 14.) Also Sec. 15304 states that exemption is possible for certain minor public or private alterations in
land, water or vegetation "which do not involve removal of healthy, mature, scenic trees...". In addition, the District has
been well aware of the controversy of potential (now real) removal of the trees and still did not elevate the CEQA
determination from exempt to something higher allowing for more consideration to mitigate.
Please rescind the encroachment permit until mitigation can be added per the comments above. Thank you.
Kristen Caspers Petros
2321 Holly Lane, NB
Received After Agenda Printed
June 25, 2020
Item No. 1
Rieff, Kim
From:
Charles Klobe <cklobe@icloud.com>
Sent:
Thursday, June 25, 2020 11:20 AM
To:
Dept - City Council; City Clerk's Office
Subject:
6/25/20 Special Council Meeting
Attachments:
Ensign A-1 5-14-20.pdf
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Good Mr. Mayor and Members of the City Council,
Attached to your packet today is a concept alternative that City Staff suggested. Local architect Jim Carlson translated it
to a proof of concept drawing. Please find it attached. This was provided to the NMUSD staff and Board but we don't
believe it was ever considered. School Board Members confirmed they were never officially shown it for consideration.
Please deny the encroachment permit today and maybe between your action and the SPON lawsuit we can compel the
district to consider this alternate design.
Thank you for your service,
Charles Klobe
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