HomeMy WebLinkAbout02 - Minutes - 08-24-2004City Council Meeting
September 14, 2004
Agenda Item No. 2
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
August 24, 2004 - 4:30 p.m.
ROLL CALL
Present: Heffernan, Rosansky. Adams, Bromberg, Webb. Nichols (arrived late),
Mayor Ridgeway
Absent: None
CURRENT BUSINESS
L CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR — None.
2. STATUS REPORT ON TRAFFIC FLOW OPTIMIZATION PROJECT
City Manager Bludau reported that this was one of staffs top ten priorities last
fiscal year and they wanted to come back to Council after they had time to make
minor adjustments.
Transportation /Development Services Manager Edmonston stated that this was
one of the most expensive projects that Traffic /Engineering has been involved in
and one of the more exciting projects. He indicated that they started with a goal
of improving traffic signal timing: however, as they got into developing the
request for proposal, they realized that the City had a number of other needs. He
stated that the City's system is 20 years old and it is getting harder to support A
physically. He added that a lot of the City's signals are controlled by Caltrans.
they use a different system, and there are problems interfacing the two systems.
He reported that they are looking into changes in order to get ready for the nest
generation of equipment and software. He stated that they put together a
comprehensive program and solicited proposals from most of the major firms in
Southern California that had expertise in this area. He reported that they
selected Nlever. Alohaddes Associates because they have a range of expertise to
draw from. brought in people from outside the area. and provided training for City
staff that will last the City a long time and minimize the need for significant
consultant involvement in the future. He introduced Ramin Alassoumi and Abbas
Alohaddes of ?\'lever. Mohaddes Associates. Mr. Edmonston noted that. they are
not done with the project but expect to be done by the end of the calendar year.
.Abbas Mohaddes, Meyer. A7ohaddes Associates. acknowledged the work that City
staff has done. He noted that the primary focus was on signal timing which
involved looking at 125 signalized intersections and conducting a technology
review. He utilized a PowerPoint presentation to show the intersections they
looked at. He added that new timing plans have been prepared for all the
intersections and noted that over 63 of the intersections have been field
implemented and fine tuned. He reported that much of their time was spent out
in the field with City staff. He stated that they purchased a couple of GPS clocks
for S700 each to synchronize intersections and utilized one of them at the Coast
Highway /Jamboree intersection.
Ramin Massoumi. Aleyer, Mohaddes Associates, displayed simulations of how
Coast Highway /Jamboree were interacting with Coast Highway/Back Bay Drive
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before implementing the program. He emphasized that pedestrian and bicycle
activities take precedence over vehicles. He added that the clock is currently set
to operate during morning and midday peaks and confirmed that there are
multiple sensors at each of the intersections. Mr. Mohaddes reported that Coast
Highway/Jamboree is an example of a well- designed intersection that just needed
good coordination.
Regarding technology, Mr. Mohaddes stated that thea looked at .chat kinds of
thing:; needed to be done to operate the traffic signal system. He indicated that
they looked at the City's system as it related to hardware, software; and
communication equipment. He reported that communication is a key component
to the system and noted that City staff has been working with the MIS division to
come up with ways to help the different departments support future
communication needs at the intersections and at the traffic management center in
order to respond effectively. 'Mr. Mohaddes displayed the proposed traffic
manaement center and stated that it could be created at a low cost.
Mr. Mohaddes confirmed for Mayor Pro Tern Adams that there would be closed
circuit televisions and that the monitors would display real time images at
intersections. He added that the other televisions at various locations would be
centralized and viewed via the monitors. He reported that a City, map could also
be put in so they could look at various attributes of the signals. He believed that
this a_lows staff to monitor traffic operations so they could respond effectively. He
also displayed the integrated Nvork stations in which staff would still be able to
conduct its regular business. He stated that they envision the traffic management
center to be about 600 square feet.
Mr. Mohaddes reported that another task was to look at I1 critical intersections to
see what enhancements could be done to respond to congestion, safety, and traffic
demands. He stated that they looked at enhancing visibility, improving the
geometry. utilizing energy saving opportunities, putting in a different type of
signal hit.; looking at the regulatory criteria to see if some of the intersections need
to be brought up to code, relocating an advanced loop detector, and improving
signing and striping. Mr. Mohaddes reported that they also generated a draft
information brochure. He requested suggestions or comments from Council so
they could incorporate it into the plan and stated that they would then work with
staff to finalize the recommendation. He reported that they will propose to do
detail work on some of the key elements of the project, secure funding, and then
the C:.ty could proceed with design and construction. He emphasized that a
majority of the signal timing plan has already been implemented and staff has
received complimentary comments from citizens about the implementation.
Council Member Rosansky asked if the videos will be used to record information
for later use or if it is just to see what is happening at the intersection.
Mr. Mohaddes reported that they will be showing the intersections live for traffic
operational uses. He added that they have dealt with agencies; like police
departments, who use the data, but stated that Southern California uses it just for
traffic operations.
In response to Council Member Webb's question, Mr. Mohaddess stated that they
were directed to look at signals such as Campus/Jamboree which are near the
airport and operated by the City of Irvine. He indicated that the traffic signals in
that area were identified as "blue" so they came up with signal timing for those
intersections.
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Citt• Manager Bludau asked about peak hour traffic. Ir. Mohaddes stated that
they calculated critical movement and divided traffic based on the general traffic
volume. He indicated that they also looked at the movement at peak periods. He
stated that, if there is a peak period direction. that particular direction gets a
higher priority for movement.
In response to Mayor Ridgeway s questions, Mr. Mohaddes reported that the City
has 92 traffic signals and 33 Caltrans signals. He noted that Caltrans is about to
relinquish some of its signals to the City. He confirmed that he studied every
traffic signal in the City. Mr. Edmonston added that a firm conducted a,m. and
p.m. peak hour counts at all the intersections. Further. they counted during the
midday at selected, typical intersections to give them an idea about midday flow.
He stated that all the information is entered into a computer model which kno�Ns
where heavy flows of traffic are. He noted that this is how preferences are
assigned.
Council 'viomber Nichols asked if they count algorithms. Mr. Dohaddes stated
that they use software tool: that get into the algorithms of vehicular speed, rate of
the intersection, and a variety of other attributes. He confirmed that the timing is
set ahead of time and then iterations are made after. He added that the timing is
typically based on the initial counts that were taken during the various times of
day. He noted that the fine tuning is done by people so it fits the demand and not
done automatically through software.
Mayor Pro Tom Adams stated that he initiated this project and thanked staff for
the update. He asked if there will be a final report or documentation to wrap up
the project. Mr. Edmonston stated that this will he an ongoing effort and they did
not plan on generating more documentation, other than the brochure
Mr. Mohaddesa mentioned. He reported that, before the end of the year, they hope
to identify the first phase of improvements so they could seek competitive funding
through the OCTA process. Further, there is some money in this year's budget,
but they may be able to leverage this with grants. Mr. Mohaddes added that they
Put together a draft recommended activity for City staff that articulates the
specifics of the improvements and the cost range for the improvements.
Mayor Pro Tern Adams asked if there was a way to quantify some of the
improvements. '\4r. Mohaddes reported that generating something with travel
time benefits. overall stop and delay reductions, etc. was not part of their scope of
work. However, he stated that they could make an estimation without. doing a
detailed study. Mayor Pro Tom Adams believed that there may be value in doing
a report so Council could get a feel for what has been achieved. Mr. Mohaddes
stated that they could use the model to come up with estimates to show the
percentage of improvement.
D4r. Edmonston reported that the consultants brought in their staff who were
familiar with the City's equipment, as well as the software needed to move
forward. He stated that City staff received six hours of training over a two day
period. both in the classroom and out in the field. He noted that the City also
went to Caltrans before they started this project to inform them about what it was
doing in the hopes that they were interested in the information that was
developed. He stated that t.hec were very interested and devoted a lot of their
staffs time to helping the City implement this.
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Uouric,l Alember Nichols stated that they are beginning to see more traffic for
longer periods through old Corona del Mar. He asked ghat the model shows in
this case. Mr. Mohaddes reported that the model responds to the demand and
shows cycle failures.
Mr. Mohaddes agreed that their recommendation would be to change the
sofrivare, hardware, and the City's 20 year old system. However, he recommended
doing this in phases because the current system still has value. He believed that
the cost to change the controllers, except for the communication component, would
be $800,000 to $500,000, and that another $200,000 to $300,000 would be needed
for equipment at Citv Hall. He added that there would be an additional cost of
S1 million to $1.2 million associated with the Traffic Operation Center (TOC), but
not.ec. that this includes the Caltrans signals.
Council Member Rosansky asked what happens if these devices are installed and
Caltrans does not want them. Mr. Mohaddes stated that he does not believe this
would degrade the value of the investment, but just means that better
coordination will need to take place. He stated that they have worked with
agencies that have installed a similar system as the City's but after the City
installed their system. and they have ah eadp transitioned to another system. He
also indicated that. of the very few agencies with the same s }-stem in operation.
they have all done some upgrading. He stated that the life of the controller is
about 10 to 15 tears. Mr. Edmonston reported that their budget is about 5140.000
a year and about half of that is used on Caltrans signals for maintenance and
electrical bills. He clarified that electrical bills for City signals are paid out of the
utilities budget. He emphasized that there is only one -staff member that
understands how the current system and software is supposed to work.
3. CITY COUNCIL ETHICS POLICY.
Acting City Attorney Clauson noted that Council Member Heffernan requested
this item.
Council Member Heffernan stated that this xvas discussed in June and
Mr. Burnham worked on this before he retired. He stated that he is proposing
that Council conduct a study session once a Bear that deals with the current
conflict of interest, ethic, rules, and obligations under the Political Reform Act.
He noted that this would also apply to boards and commissions. He reported that
the City Attorney is supposed to investigate potential conflict of interests, but
noted that the Cit ;*v Attorney is an at -will employee, He indicated that this could
be dealt with by having the member who reports the conflict of interest recuse
himself from participating. He reported that the City of Mountain View has a
code of ethics that each council member signs at reorganization. He noted that. the
City of Los Angeles has an ethics commission and a detailed ethics ordinance. He
suggested haying each Council Member and any appointed member on a board or
commission sign an ethics code stating that this is how business will be conducted
while they are an elected or appointed official in the City of Newport Beach.
Actin€ City Attorney Clauson noted that a preamble /summary statement of the 15
page Mountain View policy was attached to the staff report. She added that
9lount.ain View's policy reflects State laws but they have also adopted an ethics
policy which reflects what they believe is the basic tenant of public service. She
indicated that Council can create a policy that only deals with procedures in the
State' conflict. of interest laws or expand it to include a code of ethics.
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Council Member Bromberg stated that they try very hard to abide by the code that
government should be transparent. He indicated that he supports haying a stud}
session once a year to go over rules and issues. Further, he would support Council
?\lember Heffernan's suggestion to have a police to anahze agenda items for
conflicts of interest. Regarding Mountain View's policy, he pointed out that most
of the items are already existing law or are part of the City's charter or policy. He
believed that the City does not need more than it already has now. However, if
there were to be a polic}, he indicated that he liked ?\fountain \dew's policy
regarding briefing council candidates about what conflict of interests are,
confidential information, representation of private interests, implementation, and
compliance and enforcement.
Mayor Ridgeway stated that he does not have a problem with reviewing the
Political Reform Act, the Fair Political Practices Commission (FPPC) rules, and
the Brown Act on an annual basis because it is complicated and changes, but
anything beyond that is redundant. He indicated that he reviewed Mountain
View's policy and even questioned the items Council Member Bromberg liked. He
stated that Laguna Beach City Attorney. Phil Bohn, does a good job educating
Council on these issues. He stated that this might be good for new Council
Members or appointed members on boards and commissions, but noted that the
City has a hard enough time getting people to contribute time and effort. He
agreed that this Council is very transparent and added that he has not seen any
issues while on the Planning Commission or on Council. Mayor Ridgeway added
that the League of California Cities puts on educational classes for newly elected
and appointed officials.
Council :Member Bromberg agreed that there needs to be some type of review
process in case an investigation has to be conducted since the City Attorney
indicated that it should not be done b'v the City Attorney. He suggested haying a
policy or leaving it up to the Citv Attorney's discretion to decide if an investigation
is necessary or appropriate, but not have the investigation done in- house.
Council 'Member Nichols stated that he is finding it difficult to come up to speed
on some of the topics in the City. He noted that. if you are on the majority. You get
appointed to committees that discuss topics ahead of time and sometimes multiple
times. He pointed out that Council Members aren't supposed to attend hearings
because there would be a majority in attendance. He added that the item then
goes to Council and you're supposed to make an informed decision because it's
been to multiple hearings. Mayor Pro Tern Adams clarified that the Brown Act
does not preclude a Council Member from attending meetings; however, the
Council Member cannot interact or participate. Council '.Member Nichols asked
how someone determines which Council Member is on the committee or is just
there to listen.
Acting City Attorney Clausen stated that Council Member Nichols' questions are
examples of why generating a policy that accurately reflects what can and cannot
be done may be beneficial. However, she agreed that this is already the C1ty's
practice in most cases. She stated that. for new board or commission members.
staff or the City Attorne }''s office meets with them ahead of time and encourages
them to let the City Attorney's office know in advance if they think they have a
conflict of interest. She indicated that it might be helpful to merge all the policies
together in one conflict of interest policy that is more reflective of existing law, and
have an annual update on any changes in lays or significant decisions. Mayor
Ridgeway believed that Council Member Nichols' issue dealt with the
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dissemination of information and not ethics. tie emphasized that a Uouncil
Member can get more information from the staff person assigned to the committee
or they can wait until it comes before Council.
Council Member Webb noted that everyone is agreeing that it might be good to
have a review once a year. He indicated that the details of the Brown Act and
Political Reform .Act are complex and there should be au instruction manual at the
time of the annual review that doesn't tr' to explain every item. He added that it
can also be handed out to board and commission members.
Coun it Member Rosansky agreed that an annual update is a good idea: however.
added that he would like to be made aware of major changes or cases as they arise.
Coun_il Member Heffernan asked what happens if a Council Member is thinking
of buffing a commercial property and quizzes staff about the property relative to
potential approvals or background. Acting City Attorney Clausen believed that
this type of direct question isn't handled in any of the current conflict of interest
laws or guidelines, except to the extent that there is the prohibition of making or
participating in a decision in which you have a financial interest. She added that
she dxs not believe that State regulations deal with potential financial interests
or being in a position to gain information in advance. She noted that there are
prohibitions in the City's charter about Council Members directing staff or dealing
with staff for purposes of inquiry. She added that all other questions need to go
t.hrou h the City 'Manager. City Manager Bludau added that staff meets with
members of the public if they have inquiries about what they can do with a specific
piece of property and this same information would be provided regardless if the
person was a Council l\Iember or not.
Council Member Nichols asked whether it is a violation of the Brown Act when a
Council Member sends an email to the City Manager with copies to other Council
Members. Acting City Attorney Clauson pointed out that this agenda item deals
with conflicts of interest. She stated that Council 1\'Iember Nichols is raising
questions about the Brown Act and whether getting into a series of
communications with Council Members for the purpose of developing a collective
concu::rence on an item is a violation. She indicated that. in most cases, a single
correspondence requesting information for purposes of a future meeting will not
qualif' :- as a violation of the Brown Act. City Manager Bludau added that a lot of
communication takes place between Council and the City Manager or City
Attorney. However, it would be a violation of the City charter if he was given
direction to do something by a Council Member outside of a meeting. He clarified
that communication with each other is not a violation of the Brown Act. :Mayor
Pro Tem Adams stated that. whenever a constituent call: him, he puts the issue in
an email to the City Manager to be addressed and he copies the City Council as a
courtesy so they know he sent something to the City Manager. He added that. if
an item in an email is deemed worthy of discussion, it should be brought up at the
next Council meeting.
Laura Dietz. Corona del 'Mar, stated that the basic principal of the ethics policy is
full disclosure. She suggested using scenarios relative to the various codes and
laws sD it is more understandable. She added that it is a good idea to review this
once a year and to have staff keep Council up -to -date.
City Manager Bludau clarified that the action is to have an annual study session
that the boards and commissions would also be invited to. Further, Acting City
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August 24, 2004
Attorney Clauson will look at compiling State law and other regulations that
might already be on the books. Acting Cite Attorney Clauson believed that
Council desires some sort of policy that would reflect the current. policies and
practices. She noted that the policy would not. necessarily reflect all the State
laws: but the procedures or processes for complying with them. Mayor Ridgeway
indicated that he does not believe that there was direction to create a policy.
Acting City Attorney Clauson received clarification to have an annual review with
a staff report that. summarizes everything that ryas discussed because it. is a good
reminder and to include a list of the different filing documentation that need to be
submitted.
Council Member Bromberg added that something needs to address how
investigations will be handled. Mayor Pro Tem Adams believed that
investigations are deserving of a Council policy. It was the consensus of Council
that the policy should encompass Council, boards and commissions, and staff.
Acting City Attorney Clauson stated that, as part of the annual review, a listing of
the enforcing agencies for the different violation., can be included.
Dolores Otting, Newport Beach, believed that something should come back and be
reviewed in order to make sure it is what Council wanted.
PUBLIC COMMENTS - Done.
ADJOURNMENT - at 5:55 p.m. to Closed Session.
The agenda for the Study Session was posted on August 18, 2004, at 2:30 p.m. on
the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building. The amended agenda for the Study Session was
posted on August 20, 2004, at 3:00 p.m on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
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THIS PAGE LEFT BLANK INTENTIONALLY.
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CITY OF NEWPORT BEACH
City Council Minutes DRAFT
Regular Meeting
August 24, 2004 - 7:00 p.m. INDEX
STUDY SESSION - 4:30 p.m.
CLOSED SESSION - 6:00 p.m.
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 - \flavor Pro Tern Adana
E. INVOCATION - Pastor Kerry- Beaulieu, Our Lady Queen of Angels Church
F. PRESENTATIONS
Lifeguard Check Presentation. Peggy Fort. representing the Duda Family
Foundation and its new community giving program, presented a check in the
amount of 52,500 to the Lifeguards Association. She stated that the motcy' was
raised from a portion of the ticket sales from the Sunday Morning Surf Series at
the Lido Theater.
Cultural Arts Grant Awards. David Colley. Citv Arts Commission Chair,
acknowledged the other City- Arts Commissioners in the attendance at the
meeting. They included Kirwan Rockefeller, Wendy Brooks, Carol Stareev ic,
Arlene Cartozian and Kathy Harrison. With the assistance of Mayor Ridgeway,
Mr. Colley presented grants totaling $40,000 to twelve different arts
organizations, all benefiting the citizens of Newport Beach.
\fav'or Ridgeway thanked the City Arts Commission for the work that they do.
Proclamation for Inner Coastal Cleanup Day. Mayor Ridgeway read the
proclamation proclaiming September 18. 2004, as hoer- Coastal Cleanup Day.
Presentation by Newport Ocean Sailing Association (NOSA). Paul
DeCapua, NOSA Commodore, acknowledged Jane Benson, Vice Commodore of
NOSH, in attendance at the meeting. A4r. DeCapua presented the City Council
with an appreciation plaque for its support of the 2004 Newport to Ensenada
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INDEX
Yacht Race and the events leading up to the race.
G. NOTICE TO THE PUBLIC
H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL
MENIBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR
DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM):
• Council Member Bromberg congratulated City Clerk Harkless on her
recent accomplishment in receiving the Master Municipal Clerk (AIMC)
designation.
• Mayor Pro Tem Adams requested that the Council's appointee to the
Orange County Vector Control District Board of Trustees address the
City Council at a future meeting to provide an update on the West Nile
Virus issue.
•
Mayor Pro Tem Adams announced that the Corona del Mar Traffic
Mitigation Committee is still active and that progress is being made.
• Council Member Rosansky requested that staff prepare a report on the
progress of the Sunset Ridge Park development. He specificalh-
requested that the report include information on the status of the project,
the status of the funding, the progress of an operating agreement or lease
for the property with the State Parks Department, and the status of the
smaller parcel to the east of Superior Avenue.
• Council Member Heffernan volunteered to take Mavor Pro Tem Adams
place on the Corona del Mar Traffic Mitigation Committee until his
successor is appointed.
• Council Member Heffernan requested a report by the September 28.
2004, Cite Council meeting on the final lease terms of the Marinapark
site. as well as background on Sutherland - Talla. He specificalh
requested that this information include their business background,
financial resources; other business interests, and financing options for the
project.
I. QO Ln -,ENT CALENDAR
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF AUGUST 10. 2004. Waive reading of subject minutes,
approve as written and order filed.
?\Mayor Pro Tem Adams and Council Member Heffernan abstained from
voting on this item.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading
in full of all ordinances and resolutions under consideration. and direct
Cite Clerk to read by title only.
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INDEX
RESOLUTIONS FOR ADOPTION
3. A«'ARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION
Solid Waste
FRANCHISE TO DIRECT DISPOSAL, INC. 1) Adopt Resolution of
Franchise
Intention No. 2004 -76 to award a Non - exclusive Solid Waste Franchise to
(42 /100 -2004)
Direct Disposal. Inc. and to schedule a public hearing for September 11,
2004; and 2) introduce Ordinance No. 2001 -17 granting a Non - exclusive
Solid Waste Franchise to Direct Disposal. Inc. and pass to second reading
on September 14, 2004.
4. PARS ACCUMULATED LEAVE CONVERSION PROGRAM. Adopt.
(100 -2004)
Resolution No. 2004 -77 to provide an Accumulated Leave Conversion
Program to eligible employees with PARS (Phase II) effective July 1.
2004.
5. RESOLUTION SUPPORTING THE M_WRINE LIFE PROTECTION
(100 -2004)
ACT. Adopt Resolution No. 2004 -78 asking the State to pursue further
implementation of the :Marine Life Protection Act in Southern California.
CONTRACTS AND AGREE3IFNTS
6. CONTRACT «7TH FORMER CITY ATTORNEY (C- 3725). :Approve
C -3725 Temp.
and authorise the City Manager to sign the proposed Temporary
Employment.
Employment Agreement with Robert Burnham.
(38/100 -03004)
7. PIPELINE MASTER PLAN REPLACEMENT PROJECT —
C- 3644
SEASHORE DRIVE BETWEEN 34TH STREET TO CEDAR STREET
Pipeline'\Iaster
AND OCEAN FRONT ALLEY BETVEEN 23RD STREET TO 32X0
Plan
STREET — AWARD OF CONTRACT (C- 3644). 1) Determine that the
Replacement
project is exempt from environmental review pursuant to Section 15302
Project
of the California Environmental Qualit'v Act Implementing Guideline
(3.S /100 - 2004)
2) approve the plans and specifications; 3) award the contract (C -0644) to
\Majich Brothers, Inc. for the total bid price of 41,045,900 and authorize
the Mayo• and the City Clerk to execute the contract; and 4) establish an
amount of $101.000 to cover the cost of unforeseen work.
S. MEMORANDA OF UNDERSTANDING WITH NEWPORT BEACH
C -3059
CITY EMPLOYEES ASSOCIATION (C- 2,059), NEWPORT BEACH
C -2065
EMPLOYEES LEAGUE (C -2065) AND NEWPORT BEACH
C -2051
PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION
Employee MOU's
(C- 2051). Approve one -year Memoranda of Understanding with non-
(38/100 -3004)
safety employee associations.
MISCELLANEOUS ACTIONS
9. G -6 POLICY CHANGES. Approve recisions to G -6 Policy (Maintenance
(100 - 2004)
and Planting of Parkway Trees).
10. PROPOSED CITY COUNCIL POLICY. L -25: DECORATIVE
1100 - :3004)
ALLEY PAVEMENT PROGRAM. 1) Adopt City Council Police L -25 —
Dewratice Alley Pavement Prog am; and 2) adopt, City- STD -199 -L —
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August 24. 2004
lnterlockmg Concrete Faver .alley Pavement.
11. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS
CITIZENS ADVISORY COMMITTEE (EQAC). Confirm Council
Member Rosansky's appointment of Matthew Wiley as the District 2
representative to EQAC.
12. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003
(PA2003 -255) (contd. from 5/11/04, 6/8/04, 7/13/04 & 7/27/04).
Continue to September 14, 2004.
13. Item removed from the Consent Calendar by Council Member
Heffernan.
Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except
for the item removed (13): and noting the abstentions of Mayor Pro Tern Adams
and Council Member Heffernan on Item No. 1.
The motion carried by the following roll call vote
Ayes: Heffernan. Rosansky, Adams. Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes None
.abstain: None
Absent,: None
18, ZONING AMENDMENT /GROUP LIVING USES [item taken out of
order].
Alayor Ridgeway noted that there are major changes that need to be
made to the ordinance.
Motion by Mayor Rid?ewar to continue the item to September 14.
2004.
The motion carried by the following roll call vote
Ayes. Heffernan, Rosansky. Adams, Bromberg. Webb. Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
J. PUBLIC HEARINGS
14. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT
RENEWAL: PUBLIC HEARING FOR RENEWAL OF THE
CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR
THE 2004 -2005 FISCAL YEAR AND ADOPTION OF RESOLUTION
OF CONFIRMATION.
assistant City Manager Wood reported that no protests for renewal of the
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Corona del D1ar Business Improvement Uistriet (SID) have been received.
Mayor Ridgeway opened the public hearing.
Hearing no testimony, Mayor Ridgeway closed the public hearing.
Motion by Council Member Webb to adopt Resolution of Confirmation
No. 2004 -79 and confirm the BID Advisory Committee.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: Done
15, JOSH SLOCUM'S DINNER AND SUPPER CLUB - USE PERMIT
NO. 2003 -036 (PA2003 -230) — 2601 WEST COAST HIGHWAY (contd.
from 6/22/04 & 7/13/04).
Council 1\lember Rosansky asked if a traffic study would be presented at
the current meeting. Planning Director Temple stated that the applicant
did indicate at a previous City Council meeting that one would be
prepared but that, to date, one has not been received. She added that the
City did receive a letter from a traffic engineer describing a variety of
options that could be considered. but that no specific proposal was
included.
Mayor Ridgeway recalled that the applicant also wanted to review the
police service calls that went to Josh Slocum's, and noted that a report
was sent to them on July S, 3004. lklavor Ridgeway stated that the report
is included in the staff report and noted that there were 159 calls for
service at Josh Slocum's from June 1, LOOS. to June 21, 2001. Of these.
27% were for loud music disturbances. He noted the demand that this
places on the Police Department's resources.
Council Member Rosansky asked if the letter from the traffic engineer
was included in the staff report. Planning Director Temple responded
in the negative, and explained that it was only faxed to the City on
August 20 or 23, 2004.
In response to Mayor Pro Tem Adams' question, Planning Director
Temple st'at'ed that the letter was prepared by RIi Engineering Group.
Mayor Ridgeway opened the public hearing.
Bill Hodge. Hodge & Associates, representing the applicant; stated that
he is hoping to work with City staff on the contents of the letter from the
traffic engineer. Mr. Hodge provided a handout on calls for service and
st'at'ed that a major issue with the Josh Slocum's project, has been the
noise complaints. He noted that the recommended conditions of approval
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for the project include measures to alleviate these concerns, Mr. Hodge
stated that the conditions of approval also include measures to address
traffic concerns. He listed the proposed additional conditions contained
in the letter from RIi Engineering Group related to parking and
circulation. Referring to the report on police service calls, Mr. Hodge
clarified that he asked to receive the information for the City Council
meeting of June 22, 2004. :\1r. Hodge stated that his handout look: at
calls for service by neighborhoods or reporting districts. and compares
three on Coast Highway in the vicinity of Josh Slocum's and three on the
peninsula during the week of August 17 to 24, 2004. He noted that
reporting district number 15 on the peninsula had 171 calls for Service,
while reporting district number 25, where Josh Slocum's is located, only
had S1. which indicates that the district on the peninsula puts a far
greater demand on the Police Departments resources than the district
that Josh Slocum's is located in. Mr. Hodge stated that the number of
patrons that pass through Josh Slocum's also needs to be considered
when looking at the number of service calls. He agreed that the behavior
of some individuals is unacceptable, and that Josh Slocum's doesn't
hesitate to call the police when there is a problem. In closing. Mr. Hodge
Stated that the issues can be worked out and Josh Slocum's would like to
continue to work with Staff.
In response to Mayor Ridgeway's question. Mr. Hodge stated that Josh
Slocum'S shares their driveway with the wig shop and the boat yard in
the back.
Council Member Bromberg referred to the handout from Mr. Hodge and
stated that reporting district number 15 is the area west of the Newport
Pier and represents an entire community. He stated the problem is the
number of service calls to Josh Slocum's, which is a single facility. He
stated that it doesn't make Josh Slocum's a good candidate for a
nightclub.
Mayor Ridgeway stated that Newport Beach has not had a great deal of
success with nightclubs. He stated that their use permits have been
revoked and its been a difficult use for the City. '.Mr. Hodge stated that
Josh Slocum's intends to offer dinner until 1:30 a.m., and that only some
of the tables would be removed for dancing and live entertainment.
Council 'Member Rosansky asked Mr. Hodge if there was anything
contained in the letter from the traffic engineer that would change the
City's position on the matter. '.Mr. Hodge Stated that if many of the
measures contained in the letter were implemented, it would take care of
the problems with traffic and circulation. Council Member Rosansky
confirmed that additional parking Spaces would not be added, and that
offsite parking would continue to be utilized.
Police Captain Riley referred to Mr. Hodge's handout and stated that
he has not had the opportunity to verify the figures, but that the
information was obtained from the Police Department's wCbsite and not
every call is posted on that website. He agreed with Council Member
Bromberg's statement that reporting district number 15 does represent a
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significant area. City 'Manager Bludau confirmed with Captain Riley
that approximately 4044, of the police resources are deployed on the
peninsula.
Council Member Webb asked if there were an other restaurants in the
Mariners Mile area that have the frequency of service calls that Josh
Slocum's has. Captain Riley responded in the negative and stated that
none of them came close during the same time period that was analyzed.
In response to Council Member Rosanskys question. Captain Riley stated
that no other restaurant in the City has the frequency of calls that Josh
Slocum's has.
Jim Hildreth stated that Dennis Rodman was unjustly picked on by the
City and that Josh Slocum's is also being picked on because of him.
Mr. Hildreth asked how the City Council can justify its actions. He
stated that Josh Slocum s is a good restaurant and should be viewed that
way, and that the area needs more good restaurants. He stated that
prior complaints should be dealt with and the restaurant should be
allowed to continue working with the City.
Sheila Baker stated that she lives directh across from Josh Slocum's and
doesn't want a nightclub in her backyard. In the past, Josh Slocum's has
not complied with the miles and regulations, and has had a number of
police service calls. She stated that they shouldn't be rewarded for this
behavior.
Roger Grable, counsel for Josh Slocum's, stated that when the City filed
litigation against Josh Slocum's, it was determined that the best way to
address the negative impacts of the facility was to establish a set of
conditions. He stated that this should be followed through on and that
the use permit application should be approved. If .Josh Slocum's doesn't
comply with the standards. the City can revoke the use permit. He
suggested that the item be continued and that Josh Slocum's be allowed
to continue to work with the City on the issues. If the application is not
approved, .Josh Slocum's has the right to continue to operate Linder its
current nonconforming status.
Robert Baker requested that the appeal be denied. He stated that a
nightclub at Josh Slocum's would be in his backyard, because the noise
travels across the water to his home. He stated that the applicant bought
the property with the knowledge that it was to be operated as a
restaurant, but that they operate the facility as a nightclub and the
conditions that have been imposed, have been ignored. The lawsuit
caught their attention, but they broke the settlement agreement and
continue to deli the City's rules and conditions. He stated that they
shouldn't be rewarded for their past conduct.
Hearing no further testimony, Mayor Ridgeway closed the public hearing.
Council Member "'ebb stated that the applicant is asking to increase the
occupancy of the facility from 133 to 190, which is an increase of
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approximately 43ib. he stated that traffic and circulation will continue to
be a problem, but that he's most concerned for the number of police
service calls. He stated that the restaurant has not shown that it can
operate for any period of time without the police being called to the site.
Council - Member «'ebh stated that this is not the type of facility that
should be allowed to intensify its use.
Motion by Council Member Webb to denv the appeal and uphold and
affirm the decision of the Planning Commission and adopt Resolution No.
2004 -80 to approve Use Permit No. 2003 -036 allowing the existing
restaurant to provide periodic lunch service, increase the occupancy- and
modify- the minimum parking requirements.
Mayor Ridgeway stated that the traffic report that was prepared doesn't
become relevant, because the City can't get past the issue regarding the
number of police calls.
The motion carried by the following roll call vote
Ayes: Heffernan. Rosansky, Adams, Bromberg. Webb. Nichols, Mawr
Ridgeway
Noes: bone
Abstain: None
Absent: None
16. REVISIONS TO APPEAL AND CALL FOR REVIEW
PROCEDURES — CODE AMENDMENT NO. 2004 -002 (PA2004 -035)
(contd. from 6/8/04, 6/22/04, 7/13/04 and 8/10/04).
Motion by Council Member Webb to introduce Ordinance No. 2004 -18
approving Code Amendment No. 2004 -002 and pass to second reading on
September 14, 2004.
Council \'lember Rosanaky stated that he has reservations about the
proposed ordinance and concerns about the Brown Act.
Substitute Motion by Council Member Rosanskv to only require
three council members to call for the review of a decision.
He stated that this eliminates the problems associated with the Brown
Act and that the support of three council members shows significant
interest in an appeal.
Council Member Heffernan agreed and stated that a majority of the
council members should not he required. because it is also a majority of
the council members that appoint the members of the Planning
Commission. This could cause a problem with a certain majority having
control over the issues. He stated that some items should be appealed
and it should not be complicated to do so.
Assistant Citv 'vlanager Wood stated that the proposed ordinance would
not cause a problem with the Brown Act. She explained that a request
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for an appeal and the cote of the City Council would occur at a public
meeting.
Council Member Rosanskc stated that it might only appear to cause a
problem, but that he wants to avoid any allegations and the appearance
of any improprieties.
Ala- Ridgeway stated that up until 1998, four council members were
required to call for the review of a decision. He stated that it worked well
and that good dialogue and debate occurred at the public meetings of the
City Council and the Planning Commission. He added that the applicant
always has the right to file an appeal also.
Mayor Ridgeway opened the public hearing.
Dolores Otting provided a handout. which provided an opinion from the
Attorney General that a majority of the board members of a local agency
may not e -mail each other to develop a collective concurrence as to action
to be taken by the board without violating the Brown Act. Ms. Citing
stated that the purpose of the Brown Act is to allow the public to
participate in the decision- making process at the local level of
government. She agreed with the substitute motion made be Council
Member Rosansky and stated that by- only requiring thiee council
members, the spirit of the law wouldn't he violated.
Jim Hildreth stated that the City Council is supposed to he representing
those that live in Newport Beach and understand the Brown Act. He
stated that. the citizena need to know that the City Council is acting in
their best. interest and not violating the Brown Act. He disagreed with
changing the current procedure and felt that. only one council member
should be required to call an item up for review.
Hearing no further testimony, T lacor Ridgeway closed the public hearing
Mayor Ridgeway stated that the comments made by Ms. Otting actually
support. changing the procedure to four council members. because all of
the discussions and debate would occur at a public meeting.
Alayor Pro Tom Adams agreed and stated that requiring four does insure
that the discussions will take place in public.
The substitute motion failed by the following roll call vote
Ayes: Heffernan, Rosansky
Noes: Adams. Bromberg. Webb, ?Nichols. Mayor Ridgeway
Abstain: '_None
Absent-
The motion carried by the following roll call vote:
:dyes: Adams. Bromberg. Webb, \Savor P.idgewav
Noes: Heffernan. P.osanskv, Nichols
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Abstain: None
Absent: None
K. PUBLIC COMMENTS
INDEX
• Jim Hildreth stated that he's a registered voter in Newport Beach and
would like to be considered as a write -in candidate for the upcoming
election. He said the proper spelling to use on the ballot would be "Jim R.
Hildreth ". Continuing with his comments on the City's website on
himself, Mr. Hildreth stated that the location where the onshore mooring
was moved was never given. Additionally. he stated that the locations in
the Grand Canal are actually accessed by access structures.
• Allan Beek stated that there are many things wrong with former City
Attorney Burnham's impartial analysis of Measure L. Foremost, he
stated that it does not inform the voters that there is an existing contract
and if Measure L passes, the City is committed to the hotel.
• Tom Billings. Protect Our harks, stated that the voter., will be voting on
two things when the vote on Measure L. and that they include a change
in the land use designation from recreation and environmental open
space to recreation and marine commercial. and the development of a
timeshare hotel resort. He also stated that regardless of the vote. the
existing mobile home park will be removed. and the American Legion and
Girl Scout House will remain. He cited other reasons why he is not in
support. of - Measure L and stated that parkland should not be used for
revenue generation. Mr. Billings stated that. more information can be
obtained by accessing Protect Our Parks' website at Newport- Parks.com.
• Dr. Linda Orozco stated that verbal insult., were allowed to be made
against her, personally, at the City Council meeting of August 10, 2004,
by the CEO of Narconon. She stated that a few day., later, postings were
made to a local website threatening her and her home, and threats of
violence and death followed. She stated that. the Mavor allowed the
comments to be made at the meeting, that. he should take responsibility
and should demonstrate vigilance in curbing such attacks.
Mayor Ridgeway suggested that Dr. Orozco forward her comments to the
Police Department and death threats should be reported. Secondly. he
stated that freedom of speech does allow speakers to make such verbal
attacks.
L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Status report - Ad Hoc General Plan Update Committee (GPUC).
Assistant City Manager Rood stated that. GPUC met on August 23, 2004. The
General Plan Advisory Committee (GPAC) has been working on developing land
use alternatives for the future, and the consultant presented the consolidation of
this work to GPUC. The same presentation will be made to the Planning
Commission on September 9. 2004. and to the City Council on September 14,
2004.
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Status report — Local Uoastal Program (LUr) Uertitication Uornmittee.
Mayor Ridgeway stated that the LCP has been accepted by the Coastal
Commission. who plans to ask for a one -pear continuance in order to review it.
Status report — Newport Coast Advisory Committee (NCAC). Council
Member Heffernan stated that the next meeting of the NCAC will be on
September 6, 2004. The two items that will be addressed are the progress being
made on the Newport Coast Elementary loop road and potential redirection of
construction traffic from Ridge Park Drive.
Status report — Mariners Joint Use Library Ad Hoc Steering Committee.
Council Member Webb stated that the design plans are complete. the City has
issued a building permit and it should go out to bid by the first week in
September.
Status report — Other Committee Activities. Council Member Nichol$
reported that the Environmental Quality Affairs Citizens Advisory Committee
(EQAC) considered the environmental document for St. Mark Church. Assistant
City Manager Wood noted that EQAC's comments on the document will be
forwarded with the other comments received to staff and the environmental
consultant, who will prepare response.,, to the comments. Council Alember
Nichols stated that the other item considered by EQAC was the Pelican Hill
Resort.
Comments regarding Mayor Pro Tern Adams. Mayor Ridgeway stated that
:ylayor Pro Tent Adams will be resigning effective September 1, 2004, to take a
significant promotion with a large engineering company that will require him to
relocate to Washington, D. C. Dlayor Ridgeway stated that he'll be missed and
has been a welcome asset to the community.
Council Member Webb agreed that Mayor Pro Tem Adams will be sorele missed.
He expressed his appreciation for his thorough way of anal }zing all of the
projects that have been brought before him, and his to- the -point comments.
Council A'lember Bromberg stated that he also will miss Ala }or Pro Teal Adams.
He noted how he handled the Greenlight issue with objectivity and
professionalism.
Council Member Heffernan agreed that 1\'layor Pro Tern .Adams is fair, unbiased
and ethical. He also expressed his admiration for how he handled the Cnrenlight
issue.
M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
17. PLANNING COMMISSION AGENDA FOR AUGUST 19, 2004
Planning Director Temple stated that the Planning Commission had six
items on its agenda for the meeting of August 19, 2004. She stated that
several of the items were simple and were approved with little comment.
These included the traffic .study for 1901 Westcliff Drive and a use permit.
amendment for a restaurant at 1701 Corinthian Way. Planning Director
Temple reported that, after discussion and some modifications, the use
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permit for the Bahia Corinthian Yacht Club was approved. Item No. 3
was removed from the agenda, at the request of the applicant.
Planning Director Temple stated that the major item of the meeting was
the additional consideration of the St. Andrews Presbyterian Church
expansion. After a presentation by the church and receiving public
testimony, the Planning Commission discussed the specifics of the revised
proposal by the church and determined that more work was needed by
the church and the community to identify a project that might be more
acceptable to all. The item was continued to the Planning Commission
meeting of September 23, 2004.
Council member Heffernan asked for more detail regarding the decision
on the yacht club. Planning Director Temple stated that the revised
parking lot layout was accepted and additional offsite parking was
resolved.
For Mayor Ridgeway, Planning Director Temple confirmed that the plan
approved is totally different fi•om the current site plan.
N. CONTINUED BUSINESS
19. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE — SEPTEMBER 17
— SEPTEMBER 19, 3004 IN LONG BEACH (contd. from 8/10104).
Motion by Mayor Ridgeway to designate Council Member Webb as the
City's voting delegate for the conference.
The motion carried by the following roll call rote
Ayes: Heffernan. Rosansky. Adams, Bromberg. Nichols. Mayor
Ridgeway
Noes: Webb
.Abstain: None
Absent: None
O. CURRENT BUSINTESS
20, RESOLUTION OF APPLICATION TO REORGANIZE TERRITORY
KNOWN AS THE WESTERN BORDERS ANNEXATION.
The item was continued.
21. SMOKING ON PIERS AND BEACHES.
By a show of hands from the audience, Mayor Ridgeway noted that there
was no opposition to the proposed ordinance from those in attendance at
the meeting.
General Services Director NlederhauR stated that the issue was
addressed by the City Council at their Study Session on May 25, 2004. At
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INDEX
the direction of the City' Council. the matter was addressed by the Parks.
Beaches & Recreation (PB &R.) Commission. He reported that the PB &R
Commission was unanimous in their support of a no smoking ordinance
on the City's piers and beaches. He stated that staff presented a number
of options and spent some time studying where the problem was
occurring. During the process. a considerable amount of public input was
received and nearly all of the input was in support of a ban.
Council Member Heffernan asked if the ban would include State beaches.
Mr. Niederhaus responded in the affirmative, and noted that it would not.
include County beaches, such as the Dunes. Council Alember Heffernan
asked why it would apply to State beaches, such as Big Corona and Little
Corona, but not to County beaches. Mr. Niederhaus explained that. the
City manages the State beaches. He further confirmed that the
ordinance would not apply to private beaches or property.
Council Member Nichols asked if there were any restrictions that would
apph to the smoke generated by the fire rings. Mr. Niederhaus
responded in the negative. but stated that the PB &R Commission is
looking into that matter separatelc.
In response to Mayor Ridgeway s question. Police Captain Newman
stated that there are other nuisance - relat(,d ordinances currently in
effect. The Police Departments position would be to enforce the
smoking ordinance in the same way. which would be during the normal
course and scope of the Police Department's existing duties. He added
that compliance would increase as public attitudes shift.
Council' Member Bromberg asked if the Police Department would respond
to calls from the public. Captain Newman stated that such calls would be
addressed a: similar violations are currently addressed. The officers in
the area would be notified and they would respond, if not already
handling another situation.
Motion by Council Member « 'ebb to 1) introduce Ordinance No. 2004-
19 prohibiting smoking on all public piers. beaches, beach walkways:
floats, wharfs and Inspiration and Lookout Paints and pass to second
reading on September 14, 2004; and 2) approve a budget amendment
(05BA -009) in the amount. of $19.000 to provide for the purchase,
installation and maintenance of smoking ash receptacles.
\Mayor Ridgeway announced that public comment's would be limited to
three minutes.
.Jim Hildreth stated that he doesn't like smoking and discourages it. if
the City is going to ban cigarette smoking. he suggested that information
be issued to the violators to help them curb their habit. He stated that it
would be an opportunity for the City to promote rehabilitation and
encourage people to stop smoking.
'Fancy Gardner. Surfrider Foundation, stated that the foundation is not
opposed to the proposed ordinance, but that banning smoking will not
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INDEX
eliminate cigarette butts and filters from the beach. She explained that
much of this trash reaches the beaches via the storm drains. She hoped
that people would properly dispose of their cigarette butts inland, as well
as on the beaches. She offered the assistance of the foundation in
achieving this goal.
Ray Halowski stated that he has a concern for the lack of enforcement
that will take place because it potentially opens the City up to liability by
anti - tobacco groups.
Elle Erpenbeck and Caroline Wilkinson introduced themselves and stated
that they are both with the Earth Resource Foundation Club at Newport
Harbor High School. They stated that they are representing the youth
and support the proposed ordinance. Ms. Erpenbeck and Als. Wilkinson
stated that banning smoking on the beaches has picked up momentum
throughout the State. They encouraged the City Council to vote in favor
of the proposed ordinance.
Jessie Loeb. Earth Resource Foundation Club, Newport Harbor High
School, stated that smoking should be banned from public beaches
because smoking is unhealthful and the City can't afford not to pass the
ban.
Karl Duesterberg stood with several of his friends and stated that they
are in support of the smoking ban. He didn't expect enforcement to be
strong, but stated that the ban would still make a difference in reducing
the number of butts on the beach and other negative side effects. He
didn't feel that the ban would effect tourism or people's right. to smoke.
Tom Tobin, PB &R Commission, stated that the PB &R Commission
unanimously recommended adoption of the proposed ordinance. He
provided photos of an urn in San Clemente and noted that it wasn't being
utilized as a no smoking urn. He additionally provided photos of signs
and noted that there is a proliferation of signs in Newport Beach. In
closing, Mr. Tobin stated that the PB &R Commission was unanimous in
its support of no smoking areas and no smoking in Newport Beach.
Linda Nichols, Earth Resource Foundation. displayed artwork done by
the foundation's volunteers. She thanked the City Council for taking
responsibility and doing the right thing, and stated that. the foundation is
available to provide assistance. 1\4s. Nichols stated that. the benefits of
tough environmental regulations far outweigh the cost and effort of
enforcement.
Brent Ritenour stated that he is a smoker and is proud of the smoking
ban on beaches. He explained that smokers understand the kind of litter
that smoking creates.
Council Member Rosansky stated that the City has been looking at the
issue for several months and that he has been an advocate of a ban from
the beginning. He noted the support for the ban by the PB &R
Commission. the public and the business community. He didn't feel that
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City Council 114inutes
August 24, 2004
enforcement would be an issue, and that the ban would be self - enforcing
and people would do the right thing. Council Member Rosansky stated
that the City is committed to a higher standard.
Council Member Bromberg stated that he deplores smoking, but in the
beginning, was concerned with the enforcement issue. He explained that
he was concerned that the City would be put in the position of having an
ordinance that couldn't be enforced. and criticism would be received. He
stated that he is now satisfied that enforcement will not be a problem.
Council Member Nichols stated that the City is going overboard with the
proposed ordinance and going after people in the wrong way. He stated
that he could support an ordinance that dealt with the littering aspect,
but not one that bans smoking. Council Member Nichols noted that it
has not been proven that secondhand smoking is hazardous.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosanskv
Noce: Adams. Nichols
Abstain: None
Absent: None
Bromberg, Webb, Mayor Ridgeway
22. ORDINTANCE AMENDING SECTION 12.32.020(B) OF THE NBMC
The item was continued.
S23. LETTER OF RESIGNATION SUBMITTED BY COUNCIL
MEMBER ADAMS AND THE OPTIONS AVAILABLE TO THE
CITY COUNCIL FOR FILLING THE VACANCY IN DISTRICT 4.
Alayor Ridgewav stated that City code requires the Cit ;c Council to
appoint a successor within 30 days of the resignation of a council
member. If this can't be done, the matter goes to a special election. He
stated that the City Clerk intends to advertise for applications, which
would be accepted until September 9. 2001, and that the interviews could
be conducted by the City Council at either the meeting of September 14,
2004. or at a special meeting on September 21, 3001.
Council Member Bromberg stated that it might depend upon how many
applications are received as to when the interviews should be conducted.
Motion by Council Member Bromberg to 1) declare the office
currently held by Council Member Adams to be vacant. on September 1.
2001, the effective date specified in the letter of resignation; and
2) establish the process, as outlined in the staff report, leading to the
appointment of 'a successor on or before October 1, 2004, as required by
Section 403 of the City Charter, and set September 21, 3001, at 7:00 p.m.
as a special meeting of the City Council to conduct interviews.
Council Member Webb agreed and stated that the 2111 would give the
council members some time to review the applications prior to conducting
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August 24, 2004
interviews.
INDEX
After a brief discussion, it was determined that the interviews would be
televised and that an evening meeting would allow the public to view the
process.
Council Member Rosansky agreed that it was important to have a special
meeting devoted to the interviews. so that the council members could
focus on just that matter. He noted that it's an important decision and
that the new council member will hold the seat for over two years.
Council Member Heffernan asked if there was any possibility of a special
election.
Council Member Bromberg stated that it would be unknown at this time.
He explained that it's conceivable that the City Council could be unable
to find a suitable applicant, and would be unsuccessful in making an
appointment.
Council Member Heffernan asked if the appointment would be for the
balance of the term.
Council Member Bromberg clarified that his motion is for the
appointment to be for the balance of the term, which is November 2006.
Mayor Ridgewac stated that making an appointment for part of a term is
not an option and that this information is included in the staff report. He
stated that a special election will only be held if the City Council is
unsuccessful in making an appointment.
Council Member Rosansky asked if that the City Council could also
complete the appointment process at the City Council meeting of
September 28, 2004. Cite Clerk Harkless confirmed that the
appointment would need to be inade on, or before. October 1. 2009. If not,
a special election would have to be called. She added that the earliest
that a special election could be held would be March of 2005.
\Mayor P,idgeway noted that there will only be sit council members
making the dccidon on the appointment., which increases the chances
that a majority vote may not be reached and an appointment not made.
City Manager Bludau confirmed that the interview process will be similar
to that conducted for former Council Member Proctor's seat, and as
outlined in the staff report.
Council Member Heffernan confirmed that the council members are free
to contact the applicants prior to the interviews. He further confirmed
with the Cite Clerk that the appointment will be for the balance of the
term.
In response to Council Member Nichols question. City Clerk Harkless
stated that in order for the seat to have been on the November 2001
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ballot, the resignation would have to have occurred prior to the beginning
of the nomination period. which was in July.
Dlayor Pro Tent Adams confirmed with Acting City Attorney Clausen that
regardless of the timing of the resignation, the first obligation is for the
City Council to make an appointment. within 30 days.
Mayor Ridgeway announced that public comments would be limited to
three minutes.
John Butt.olph stated that he is concerned about the appropriateness of
an appointed council member voting on the appointment. of another
council member. He suggested that the City Council direct staff to look
into the matter.
Mayor Ridgeway stated that the question has already been asked and it.
has been confirmed that it is appropriate. Acting City Attorney Clauson
explained that an appointed council member has all of the powers of the
seat that was vacated. She stated that she is not aware of any
prohibitions that would disallow this.
Jim Hildreth stated that the City Council has recently been through this
and it shouldn't be difficult to establish the process.
The motion carried by the following roll call cote
Ayes: Heffernan, Rosanskv, Bromberg, ','ebb. Nichols, Dlayor
Ridgeway
Noes: None
Abstain: Adams
Absent: None
Mayor Ridgeway recessed the meeting at 9:35 p.m. and reconvened the meeting
at 9:50 p.m. with all Council Members present.
524. LONVER SANTA ANA RIVER PROJECT.
Mayor Ridgeway expressed his appreciation to all those in attendance at
the current meeting regarding the item, but noted that the City doess not
have a lot of control over the Army Corps of Engineers. He stated that a
draft letter has been prepared from the City to the Corps that addresses
the concerns that have been expressed regarding the project. He read the
letter, which was slightly different than the draft included in the staff
report. After reading the letter, he made one correction and that. was to
change the word "require" in paragraph 3 to -request". He explained that
the City does not have the authority to require and doesn't want to
mislead anyone by suggesting that it does.
Using a PowerPoint presentation, Assistant City Manager Hiff displaced
an aerial photo of the lower Santa Ana River. He stated that the 54.4
million project will remove 400,000 cubic yards of material from the
Santa Ana River. The plans and specifications directed the material to be
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placed in the West Newport groinfield and on least tern island in the
Newport. Slough, and the contract allowed the bidders to chose between
one of two transport methods, which included pumping the material into
the nearshore zone or hauling it along the beach. Assistant City
Manager Riff reported that CJW Construction was the low bidder and
chose the beach haul method. He stated that the project started
upstream on August 4. 2004. transport is scheduled to begin on
September S. 2004. and the project is expected to he completed on
December 16, 2004. He listed some of the constraints that would he
placed on the contractor. Assistant City Manager Kiff displayed a map
showing the beachfill limits, and noted that it is the entirety of the
grainfield. He also pointed out the stockpile area and the area where the
material would he disposed of, if it were deposited offshore. He stated
that the reasons for doing the project include flood control and beach
replenishment.
Assistant Cit'v 'Manager Riff explained that in a full• natural
environment. the sand in West Newport would come from a variety of
sources. He explained that these would include sedimentation of the
watersheds and cliffside erosion. Studies in 1981 and 2003 showed that.
the Santa Ana River was only delivering one - third of its traditional sand.
and that it was due to upstream development. He displayed a schematic
showing how- natural sediment transport works. Assistant City Manager
Kiff stated that the major sand replenishment project that the Citv has
participated in is the Surfside - Sunset, project. which started in 1964 and
included a beach haul in 1.99T. He displayed a map of the project area
and a list of the carious stages of the project. Assistant Cit'v Manager
Riff stated that the Coast, of California Storm and Tidal Wave Study was
completed in the 1990's and included the concept of a - sediment. budget'.
He displayed a diagram illustrating how sediment. budgeting works, and
stated that the data from the study also included beach width
measurements, which found that in most locations up and down the
coast, the beach widths grew. In West Newport, the beach retreated an
average of .5 feet per year during a 5 -year period of no nourishment.
With nourishment, the beach is growing by an average of 4.1 feet per
Year. He displayed a graph showing the beach width measurement's from
1963 to 1995, and an aerial photo taken of the groins in December of
1995. He also displayed a photo of trucks working in Surfside Beach in
1992.
Assistant City Manager Riff displayed a list of the concerns that have
been expressed about the project. These included that the mat'erial's mix,
which is sand and sediment, will harm water quality and stay present too
long. He pointed out that the material will he tested and that a mix of
greater than 15°4 sediment will go to a landfill. He explained that its the
sediment that carries the pollutants. Another concern is that the
material will he darker than the existing sand; which he stated would
most likely he true. but that it would bleach out over a period of time. He
stated that the City is in agreement with another concern, which showed
a beach width limit of 350 feet in the environmental documents. but that
the limits are really greater than that. Concerns have also been
expressed about the project being unnecessary because the beaches arena.
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receding. Assistant City Manager Iiiff explained that they would recede
if there were no nourishment projects, such as the one under discussion,
In response to Council Member Rosansky's question, Harbor Resources
Manager Rossmiller stated that, currently, the average width of the
beach is approximately 200 feet. Council Member Rosansky asked how
many years of protection the project would provide. Manager Rossmiller
explained that it would be. dependent on numerous conditions and
environmental factors and that one wave event, for example, could cause
a significant loss. Referring to the photo displayed earlier of the groins in
December of 1997. Manager Rossmiller stated that it was taken after the
replenishment was done and after the El Nino storm of that year. Ile
noted some of the geographic features in the area, and stated that they
explain why the center of the groinfield is subject to severe erosion.
Council Member Rosansky asked how much beach was lost during the El
Vino storm. Manager Rossmiller stated that not much was lost because
it wasri t associated with a large swell.
Assistant City iltanager Niff continued with the list of concerns that have
been expressed about the project be stating that another concern was
that the disposal method chosen was the cheapest, but the most beach
and resident impacting. He stated that this is true. Another concern is
that the jetties would be entirely filled, which would cause several
impacts. Assistant City Manager tuff stated that impacts are possible.
but that they are short -term and the decision needs to be made on
whether the project is worth any short-term impacts.
Council Member Nichols asked if the offshore deposit of the sand would
cause a flatter beach and the onshore deposit would allow the shoresidc
sand to be built up to a higher amount. Alanager Rossmiller stated that
the offshore option would keep the sand within the literal cell, which is
good, but it would not guarantee where it would go and would be
dependent on wave activity.
Council 'Member Rosansky asked if the sand were to be placed elsewhere,
if it would eventually migrate back to Newport Beach. Manager
Rossmiller stated that it could, given the right wave activity. He added
that there would be a short-term impact on surf breaks that could last for
a couple of weeks to a couple of months. Manager Rossmiller stated that
the long -term benefit of having the protection to the back beach is far
outweighed by the short -term impacts, and that public education could
also help with the surf break impact.
Assistant. City Manager Kiff stated that there were also concerns
expressed about the noticing of the project, but that four notices were
sent and the mailing list is available for anyone that would like to see it.
Another concern was that access to the water during construction would
be too limited. He stated that this is a fair concern. Lastly, there was a
concern expressed for the noise, dust and pollutants if trucks are used; as
opposed to the nearshorc disposal method. He again agreed that this
would also be true. Assistant City- Manager Ni£f concluded his comment:
by stating that the staff recommendation is listed on the agenda and
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included in the staff report.
Council Member Nichols asked if any of the sand could be deposited in
Big Corona. He also asked if building up the shoreside could only be done
with the onshore deposit method. Assistant City Manager liiff stated
that the Corps has a policy of not moving sand from one literal cell to
another, and Big Corona is in a different literal cell. Secondly, he stated
that the environmental documents didn't evaluate this option. Council
illember Nichols stated that sand is needed in Corona del Mar.
Mayor Ridgeway suggested that a straw cote be taken on the draft letter
and staffs recommended action, and reminded everyone that the City is
limited in what it can do and that the project has started. He stated that.
the City supports the public's concerns and will do its best. but that. sand
replenishment is needed in West Newport. He added that the City- has a
long -term working relationship with the Corps.
Council Member Rosanskv stated that the position of the Cite should be
that it will not permit the deposit of the sand on the beach and that the
Corps will be urged to look strongly- at the ocean disposal method. He
suggested that in the issuance of the encroachment permit by the City, if
one is issued, that it specifically preclude anything other than crater
disposal without authorization be a majority vote of the City Council at a
public meeting.
'.Motion by Council Member Rosanskv to 1) direct the City Manager
to investigate contracting with a firm with an expertise in coastal
engineering to monitor and review any work done along West Newport's
beaches: 3) authorize the Public Works Director to issue an
Encroachment. Permit for the Lower SAR Project that: a) requires
contractor compliance with existing Environmental Assessments;
b) requires contractor communication with City's oversight staff. if hired;
and c) allows sand transport to be done solely via dredge or water -borne
suspension: and 3) authorizes the Mayor to write a letter to the US Army
Corps of Engineers and to the Orange County Board of Supervisors
stating the City's position that: a) sand replenishment is an important
protective measure for West Newport: b) the City- desires that any
replenishment work be done via dredge in the near -shore zone to
minimize resident and visitor impacts along the beach: and c) all beach
disposal work done should be in accordance with the Projects
Environmental Impact Statement and related Supplemental
Environmental Assessments. supporting the limit of not. more than 350'
of beach width following beach disposal.
Council Member Nichols questioned the judgment being made by the Cite
Council. noting the lack of engineering background on the subject by its
members.
Council Member Rosanskv stated that it's a matter of economics and
what makes sense. He stated that the contractor can't be faulted for
selecting the cheaper disposal method that was allowed by the job
specification. He expressed his understanding that it would cost an
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additional $1 million to put the material out into the ocean.
Assistant. City Manager Riff stated that withholding the encroachment
permit is not advisable. He stated that the City's relationship with the
Corps is important. and that sand in Rest. Newport is needed.
Council Member Bromberg asked if the Corps was aware of the agendized
item at the current meeting and how they- feel about it. Assistant City
Manager Kiff stated that staff talks daily with the Corps, and that they
have been responsive and expressed evert intent to try to work within
the contract to deposit. the material offshore. In response to an additional
question by Council member Bromberg. Public Works Director Badum
stated that no official application for an encroachment permit has
been received to date. Council Member Bromberg expressed his
understanding of not wanting to jeopardize the City's relationship with
the Corps, but asked if the City could deny the encroachment. permit
after the Corps had exhausted the option of the offshore disposal method.
Council Member Rosansk' stated that the project is set to begin
depositing sand on September S. 2004, and the City Council doesn't. meet
again until September 14. 2004. He stated that his suggestion is not to
withhold the issuance of an encroachment permit, but to include the
disallowance of putting sand on the beach, if one is issued. ]f the Corps
insists that putting the sand on the beach is the only way- that. they can
do the project. the would then need to come back to the City Council for
approval.
Council Member Bromberg .stated that he is concerned that if there is no
pressure on the Corps by the City, they won't try hard enough. Assistant
City Manager Kiff stated that the Corps would have the option to take
the sand and cell it elsewhere, which would mean that the City would
lose the opportunity of receiving the sand and would have to get it from
another source in the future. He expressed his concern for the effect this
would have on the Cites resources and budget. Council Dlember
Bromberg stated that if the CitY bought the needed sand, it could deposit
it how it Na ants to.
Council '.Member Rosanskv stated that. much of the sand that. will be
dredged can't be used for most construction projects and has little
economic value, due to the seawater and salt content. Additionally, he
stated that the Corps is being required by the State to deposit. the sand
into the beach and that it can't be sold. Council Member Rosankv further
noted that the project is part of a bigger project. and needs to be done by
the Corps. He expressed his belief that the Corps and the contractor are
willing to look at alternatives for disposal.
Council Member Heffernan asked what the impact of the City Council's
decision will be on other projects. Assistant City- Manager hif'f stated
that it could jeopardize them. He explained that anytime the City does
not appear to be working with the Corps, the information reaches the
heads of the district and Washington, D.C. offices who take this into
consideration when making funding decisions on projects that help the
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Council Member Bromberg stated that the City should not be punished
by the Corps for wanting to protect the beach. lie stated that he would
contact Congressman Cos and seek his assistance, if needed, but believes
that the Corps has more respect for the City than to have a decision on
this project affect other projects.
Council Member Rosansky stated that Congressman Cos has already
indicated to him that he will support whatever action is taken by the City
Council at the current meeting. Council Member Rosansky assured
everyone that the upper bay and harbor projects will occur, regardless of
what happens in West Newport.
Larry Paul, Tetra Tech, consultant to the City, stated that the Crops is
under funded, is undergoing some different budgeting processes than
they have in the past, and is prioritizing their major projects by some
new criteria. Local support of its projects is taken into consideration. and
Newport Beach has always provided this. lie stated that the Corps does
listen. but that its simply a matter of money for them. Thev want to do
the right thing and congressional assistance is appreciated. Mr. Paul
stated that the sand replenishment project does not have to take place
this year, and that there is a limited amount of money for the overall
Santa Ana River project. The money could be used elsewhere. such as
Prado Dam. Mr. Paul stated that an extensive amount of lobbying will be
needed if extra money is to be obtained for offshore disposal.
Council Member Nichols stated that water supply is a major concern in
Southern California. He cited the expenditures and projects that are
needed to insure that this issue is also addressed.
Council Member Rosansky asked if the Corps plans to turn the project
over to the Flood Control District once it is completed. Mr. Paul
responded in the affirmative and stated that it wasn't a part of the
original project documents, but it is an agreement between the Corps and
the district. lie didn't know what would happen if the project weren't
completed.
Council Member Webb stated that he couldn't recall any projects in the
past that hauled material directly from the river onto the beaches. lie
stated that the previous hauls came from sand that was on the beaches
and that they also had short -term impacts. lie expressed his concern for
the draft letter stating that the City would never allow trucking of sand
on the beach again. lie stated that this wouldn't be appropriate because
it might be necessary in the future to deposit sand farther down the
beach than can be reached with hydraulic dredging. lie suggested that
the letter indicate that the elimination of trucking on the beach is
regarding the current project only. Council Member Webb stated that the
City needs to attempt to have the material hydraulically placed and that
he can't support haying the material trucked onto the beach, unless there
is a requirement that it be 96% sand.
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Council 1\lember Rosanskv expressed his support for Council Alember
\'. ebb's comments, and stated that he also wouldn't want to affect
trucking in the future in case it might be needed for a different project,
but that he is opposed to it for the current project.
Mayor Ridgeway stated that he is no more confident today than he was a
couple of years ago that the upper bay dredging project will be funded.
He explained that the President does not support the Crops' projects.
Mayor Ridgeway stated that there is a severe risk in not doing the
replenishment project, because a storm in the future could take away the
beach. He asked if the City Council could delay the issuance of an
encroachment permit until the meeting of September 14, 2004, Acting
City Attorney Clausen stated that Council Member Rosansky's
suggestion would be to authorize staff to issue an encroachment permit
with the preferred process, as outlined in the draft letter. She stated that
if this is done and the Corps cant. comply with the requirements of the
encroachment permit, the matter would have to return to the City
Council. She stated that. this approach allows everyone the opportunity
to work together, and does not make a statement by the City Council that
they wont allow the work to be done on the beach. only that the Corps is
being asked to explore other options.
Mayor Ridgeway expressed his support for such an approach and
confirmed that the requirements would include the issue raised by
Council Member Webb.
Council Member Rosanskv stated that the contractor has indicated that
the contract wouldn't necessarily have to be terminated if changes are
made. Additionally, Acting City Attorney Clausen confirmed that
encroachment permits are issued under a Council - adopted policy, so the
City Council is within its authority to place limitations on the permit.
Mayor Ridgeway asked for a straw vote of the action under consideration.
Council Member Nichols stated that he was undecided. Council Members
Webb, Bromberg and Rosanskv, and :Mayor Pro Ten) Adams stated that
they were in support of it.
Council Member Heffernan asked if the City is contributing any money
towards resolving the concerns. City 1v'lanager Bludau stated that staff is
only proposing to spend the money that would be needed for a contract
oversight. person, Council Member Heffernan confirmed with :\layer
Ridgeway that he doesn't feel that. delaying the issuance of an
encroachment permit to September 14. '2004, would jeopardize the upper
bap dredging project with the Corps, and expressed his support for the
action, Mayor Ridgeway expressed his support, as well.
Council Member Nichols asked why Dlanager Rossmiller couldn't oversee
the project.
Ma}`or Ridgeway announced that public comments on the item would be
limited to three minutes.
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Jim Brooks expressed his support for dredging the river and depositing
the material offshore. He did not support depositing it on the land.
Mr. Brooks stated that the Corps made an error when allowing the
contractor to bid either method. and the City Council should not worry
about its relationship with the Corps when trying to do what's right. He
disagreed with some of the statistics that were presented by staff, and
stated that they were only best guesses.
Michele Brooks stated that the fine black silt from the sand blows into
her home and is a result of the material that was deposited on the beach
in 1997. She added that she did not receive the noticing that was
discussed earlier. She stated that the health and safety of the residents
and visitors shouldn't have to be compromised, and that the Cite Council
should use stronger language in the draft letter.
Council Member Webb confirmed that Ms. Brooks' address was included
on the list of those who received the notices. Ms. Brooks stated that the
City didn't receive returned mail, so doesn't know how many of the
notices actually reached their destinations.
Barbara De La Pena stated that the City's statistics are not accurate and
are outdated, and that a compromise with the Corps is unacceptable. She
stated that sand contains gilt and holds pollutants, and depositing it on
the beach would be the equivalent of littering.
Everett Phillip: suggested that the City Council consider the least tern
island, and the canals and channels in the salt marsh in the draft letter,
and that the contract person also take these area: into consideration.
Mr. Phillips stated that this is an opportunity to push the Corps to move
ahead on the dredging of the canals around ?Newport Shores and the salt
marsh.
Ann Krueger displaced photos, which showed how much the area is
filling up. She stated that ifs a serious problem and that before too long,
water won't be able to get out through the storm drain near her house.
Jim Hildreth stated that he supports dredging, as long as it is done the
right way, and that hydro dredging is not the right way. He stated that
the City Council should consider contaminant, when drafting the letter
and that testing would be very important. Mr. Hildreth stated that the
City should offer a clean environment, and that the letter should
mandate that the material be tested.
John Olson asked the City Council to also consider dredging the canals
and channels in Newport Shores, while the equipment is available. He
stated that the area has a potential for flooding.
Cathy McQueen thanked the City Council for their effort in truing to
keep the sand off the beach and protecting the sea life in the jetty.
Dave Bent wanted confirmation that dumping would not begin on
September S. 2004. He stated that the Corps has never stated that they
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August 34, 2004
would stop it, only that they would look at other ideas. Mr. Bent stated
that flooding is unlikely during this period of drought,
Mayor Ridgeway didn't know if the City's proposed action would stop the
work from beginning.
Council Member Rosansky stated that he didn't believe that the Corps
would force the issue, and that September 8, 3009, is onlc the first date
that they could begin depositing sand and not a date that they've set to do
so. Mr. Bent expressed his concern for depositing the material on the
beach without any cleaning or testing.
Charles Darcaya stated that he only became aware of the issue earlier in
the day and owns two properties in the area. He stated that the
repercussions of the project include the effect it will have on the City's
economics and tourism.
Jim 1\liller thanked the City Council and those in attendance at the
meeting.
lgaym• Ridgeway stated that the letter doesn't promise dredging so the
equipment mac not be available. He added that trucking can occur under
the suggested scenario to the nearshore zone.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: hone
Abstain: None
Absent.: None
P. ITEMS REMOVED FROM THE CONSENT CALENDAR
13. COMMENTS ON DRAFT SUPPLEMENTAL ENA'IRONMENTAL
IMPACT REPORT (DSEIR) FOR PELICAN HILL RESORT.
Council Member Heffernan asked why the Environmental Quality Affairs
Citizens Advisory Committee iEQAC) didn't receive the new
Environmental Impact. Report (EIR) to comment on. .Assistant City
Bianager Wood explained that the entire Newport Coast development
was done with a tiering of EIR's, and that supplemental EIR's were done
when more was known about a project. She stated that EQAC reviewed
the most recent supplement that analyzed the latest proposal for Pelican
Hill Resort. She confirmed for Council Member Heffernan that staff feels
this is adequate.
Motion by Council Member NVebb to approve and authorize the Mayor
to send the comment letter.
Council \icmbcr Nichols stated that more time was needed for EQAC to
consider the item properly.
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In response to Council Member Heffernan's question, Assistant Cite
Manager Wood stated that the deadline to receive comments is
September 8, 3004.
The motion carried by the following roll call vote
Apes: Heffernan. Rosanskv. Adams. Bromberg. Webb. Nichols, Mayor
Ridgeway
Noes: None
Abstain: None
Absent: None
Q. MOTION FOR RECONSIDERATION — None
R. ADJOURNMENT at 11:35 p.m in recognition of the contributions of
Mayor Pro Tem Adams.
The agenda for the Regular Meeting was posted on August 18, 2004, at 2:30 p.m.
on the City- Hall Bulletin Board located outside of the City of ?Newport Beach
Administration Building. The supplemental agenda for the Regular Meeting
was posted on August 20, 2004, at 3:00 p.m, on the City Hall Bulletin Board
located outside of the City of Newport Beach Administration Building.
City Clerk
Recording Secretary
Mayor
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