HomeMy WebLinkAbout27 - Newport Coast Community CenterCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 27
April 25, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dave Kiff, Assistant City Manager (949- 644 -3002)
Steve Badum, Director of Public Works (949 - 644 -3311)
Robin Clauson, City Attorney (949- 644 -3131)
Marie Knight, Director of Recreation and Senior Services (949- 644 -3151)
SUBJECT: Newport Coast Community Center: Award of Contract, Adoption of
resolutions and operating agreement relating to Newport Ridge Park
and Crestridge Park, Budget Amendment, Council Policy on
Community Access and Use Plan for Community Center
ISSUE: Should the City award a contract to construct the Newport Coast
Community Center (NCCC)?
RECOMMENDED ACTIONS:
A. NEWPORT RIDGE PARK RESOLUTIONS
Resolution 2006 -_ A resolution accepting a portion of the Newport Ridge Park
property offered to the City of Newport Beach by the San Joaquin Hills local parks
Irrevocable Offer of Dedication and reserving the right of the City of Newport
Beach to accept the remainder of the property; and
Resolution 2006 - . A resolution declaring the City's intent to, at a future date,
reject portions of The remaining property offered to the City of Newport Beach by
the San Joaquin Hills local parks Irrevocable Offer of Dedication.
B. NEWPORT RIDGE PARK OPERATING AGREEMENT
Authorize the City Manager to enter into an Operating Agreement with the
Newport Ridge Community Association as to the Association's operation of the
two ballfields and parking lot at Newport Ridge Park. The Agreement shall
substantially reflect the terms shown in Exhibit H.
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C. AWARD OF COMMUNITY CENTER CONTRACT & BUDGET AMENDMENT:
Approve the plans and specifications.
Approve a budget amendment appropriating the below funds to the Project:
(a) $6,689,725 from Newport Coast Annexation Funds ( "Newport Coast
Community Center" -- 7298- C5100569); and
(b) $2,761,995 from General Fund Operating Reserves.
3. Award Contract No. 3577 to Bernards Bros., Inc., for the Total Bid Price of
$8,159,000, and authorize the Mayor and the City Clerk to execute the contract.
4. Provide that $800,000 of the budgeted amount in Item C -2 may be used to cover
the costs of testing, unforeseen work and permits and up to $400,000 may be
used for construction management.
5. Approve Amendment No. 1 to the Professional Services Agreement with
Dougherty & Dougherty Architects LLP.
D. NEW COUNCIL POLICY ON NEWPORT COAST COMMUNITY CENTER
COMMUNITY ACCESS AND USE PLAN
Adopt Council Policy B -18 relating to a Community Access and Use Plan for the
Newport Coast Community Center.
DISCUSSION:
The 7,700 -acre Newport Coast community at the eastern edge of the city is a
combination of two planned communities (the San Joaquin Hills Planned Community
[now known as Newport Ridge] and the Newport Coast Local Coastal Program, 2nd
Amendment). As the communities were developed, the major landowner (The Irvine
Company) and the planning jurisdiction (the County of Orange) established a somewhat
complex program of private ownership of lands like parks, street medians, parkways,
and slopes along public streets. In other regions, these same lands are more
commonly held and maintained by public agencies.
Developer fees, assessment districts, and a Mello -Roos district funded construction of
the Newport Coast's major infrastructure -- like the parks (including Newport Ridge
Park), the Newport Coast Fire Station, Newport Coast Elementary School, sewers,
water mains, streets, streetlights, stoplights, and the installation of the community's
street landscaping. The assessment districts did not fund and cannot fund the ongoing
maintenance of these public facilities or properties. When homeowners moved into the
community, homeowners' and community associations (HOAs1COAs) often picked up
both ownership and maintenance costs of certain properties.
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The Newport Coast does not have a public facility for community activities. Newport
Coast HOAs and COAs have meeting areas as a part of their private facilities, but some
community leaders have asserted that a designated Community Center to bring people
outside of their immediate neighborhoods.
After much deliberation, design, and Council discussion, the Newport Coast Community
Center is ready for a bid award. However, awarding the bid involves a series of other
actions that the City must take to accomplish the Project, including taking title to the
land beneath the Center site (land now held in fee - but subject: to an offer of dedication
- by the Newport Ridge Community Association).
This staff report for this Agenda Item is divided into four sections:
• PART A - NEWPORT RIDGE PARK RESOLUTIONS
• PART B - NEWPORT RIDGE PARK OPERATING AGREEMENT
• PART C - THE NEWPORT COAST COMMUNITY CENTER BID AWARD &
BUDGET
• PART D - THE NEWPORT COAST COMMUNITY CENTER COMMUNITY
ACCESS AND USE PLAN
PART A - NEWPORT RIDGE PARK RESOLUTIONS. The Newport Ridge Community
Association (NRCA) holds fee title to Crestridge Park and Newport Ridge Park (see
map on Diagram A) near San Joaquin Hills Road. However, this ownership is subject to
an Irrevocable Offer of Dedication (IOD) that can override ownership. An IOD is
typically a requirement made by a public agency of a developer. When offered, it
usually means that the developer - or its assignee - will hold title to the property until a
public agency (like the City or the County of Orange) accepts, the IOD (and therefore
accepts title to the property, along with its maintenance responsibility). The County of
Orange required The Irvine Company to irrevocably offer Newport Ridge Park and
Crestridge Park to the County. After annexation by the City, the right to accept the IOD
was transferred to the City. Until the IOD is accepted by the City, Newport Ridge
Community Association (COA) maintains both Newport Ridge Park and Crestridge Park
as private parks.
Newport Ridge Park and the NC Community Center. In the 4 years leading up to
Newport Beach's January 1, 2002 annexation of the Newport Coast, the City Council
and a group known as the Newport Coast Committee of 2001) (NCC2K) negotiated a
Pre - Annexation Agreement (PAA) that addressed several annexation - related issues.
Today, the Newport Coast Advisory Committee (NCAC) helps oversee the
implementation of the PAA. The PAA required the City to do the following things upon
and following annexation:
1. Form the 7- member Newport Coast Advisory Committee (NCAC);
2. Appoint a Newport Coast resident to the City's Aviation Committee;
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3. Distribute $25 million over time to the Newport Coast. $18 million was to go to
reduce eligible property owners' assessments (at $1.e: million a year) and $7
million was to go to build a Community Center of up to 22,000 square feet,
assuming the community wanted one;
4. Investigate the administration by the County of Orange of various assessment
districts in the Newport Coast;
5. Keep certain private parks private, assuming the NCAC so directs the City;
6. Maintain a police presence in the Newport Coast similar to that maintained in
the remainder of the City;
7. Pay for residential curbside trash collection as long as residential curbside trash
collection is done for "free" inside the city's November 1996 borders;
8. Maintain the same level of Fire and Emergency Medical Services as the Orange
County Fire Authority had provided;
9. Work with Southern California Edison to underground utilities; and
10. Maintain or fund the maintenance of certain properties that cities elsewhere
might typically own, including fuel modification zones, street - adjacent slopes,
and street medians and parkways.
Newport Ridge & Crestridge Parks
(Diagram A)
Specifically, the PAA discusses both the proposed Community Center and the City's
acceptance of any relevant IODs. The section of the PAA relevant to the IODs is as
follows:
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Page 5
13. OPEN SPACEAND RECREATIONAL FACILITIES
(b) Open Space Goats. This Agreement outlines certain `Open Space
Goals" that will be reviewed and refined by the Committee and submitted for
confirming action by the City Council. The Committee shall make
recommendations regarding those areas of open space that will remain under the
jurisdiction, and the sole responsibility, of certain Associations and those areas
that should be owned and /or maintained by the City. The following is a summary
of the "Open Space Goals" that will be reviewed and refined by Committee and
may be submitted to the City Council for confirming action:
(i) Coastal Canyon Park shall remain a private facility.
The City Council shall lease -back to one or more homeowners associations,
specific open space areas such as parks or portions of parks that ha ve been, or
are to be, developed, including, without limitation, Newport Ridge Park ... The
lease shall be for the maximum term permitted by law and the compensation to
City shall be $1 per year provided that the lessee(s) assume(:.) all risk and liability
related to the open space and agree to maintain the open space at no cost to the
City....
As the City and the NCAC developed plans for the proposed Newport Coast Community
Center, we selected a site at the southeasterly portion of Newport Ridge Park. The City
needs to own the land beneath the Community Center and the Center's parking lot - but
the PAA suggests that the remainder of Newport Ridge Park be under the maintenance
and control of the NRCA.
ISSUE: HOW SHOULD THE CITY ACCEPT THE IOD FOR THE LAND
UNDERNEATH THE COMMUNITY CENTER AND PARKING LOT? WHAT SHOULD
THE CITY DO WITH THE REMAINDER OF THE IOD AND THE REMAINDER OF
THE PARKLAND?
Following discussions with board members of the NRCA and the NCAC, the NCAC
asked the City to determine how it could accept the IOD for Newport Ridge Park. If
accepted, the NCAC's advice was to quitclaim or lease back the remainder of the Park
to the Newport Ridge COA. The City does not seek to accept the IOD for Crestridge
Park - that park would remain under the control over the NRCA. On September 24,
2004, the City Council adopted Resolution 2004 -85. This Resolution (attached as
Exhibit C) directs that the City only accept that portion of the IOD that applies to the
Community Center and its parking lot and that the remainder of the park be leased to
the NRCA.
In 2005, City Attorney Robin Clauson determined that Resolution 2004 -85's intentions
were not legally achievable. Based upon a legal opinion by outside legal counsel, she
opined that, if the City accepted the entire IOD for Newport Ridge Park and Crestridge
Park, it could not then lease -back the portions of the parks not needed for the
Community Center to NRCA to maintain as a private park without going through formal
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Apf#25, 2006
Page 6
park abandonment proceedings described in State and /or County regulations. As such,
she advised the City to do the following:
1. Accept only a portion of the IOD beneath the Center and its parking lot; and
2. Leave the remainder of the IOD unaccepted (but not rejected) and in the same
state as it has been since it was first offered.
Taking the action recommended by Ms. Clauson will allow the NRCA to retain - for at
least a period of time - all of Crestridge Park and all of Newport Ridge Park except the
Community Center land and the Center's parking lot. As proposed by the City
Attorney's Office, two attached resolutions and a draft Certificate of Acceptance (the
certificate is shown as Exhibit E) do the following:
• Accomplish the acceptance of the IOD for Parcel A, the parcel beneath the NCCC and its
parking lot (Exhibit D); and
• Express the City's intent to reject the IOD for Parcel C, the land beneath the tennis courts
and the remainder of the park (Exhibit F).
PART B - NEWPORT RIDGE PARK OPERATING AGREEMENT. On November 7`n
2005, after the City Council asked the Newport Coast Advisory Committee (NCAC) to
follow the PAA and recommend Open Space Goals for the Newport Coast, the NCAC
unanimously adopted the following goal:
"The City Council shat/ use its best efforts to retain NRCA's fee - simple ownership
of Newport Ridge Park except for the land beneath the Community Center and
the Center's parking lot. In the event that fee - simple ownership cannot be
retained, the lease -back arrangement envisions in the Pre Annexation
Agreements section 13(6)(1) shall be equivalent to fee - simple ownership to the
maximum extent practicable. "
This goal - the only "open space goal" approved by the NCAC - reaffirmed the NRCA's
desire that the two ballfields, a 72 -space parking lot off of Newport Ridge Drive,
restrooms, tennis courts, volleyball courts, and a tot lot remain under the control of the
NRCA. While the ballfields are controlled by the NRCA, the NRCA allows the local
American Youth Soccer Association (AYSO), local Little League, and Sage Hill High
School to use the ballfields for practice sessions. There is a perimeter fence around the
ballfields that is open to the parking lot and open at Newport Coast Drive.
City staff and Council Member Keith Curry discussed ways to achieve the Open Space
Goal with Gerry Ross of the NCAC and Dan Wampole, the President of the NRCA. City
staff noted to Mr. Wampole that there is an interest on the City Council to provide that
the ballfields not be locked behind gates and that they remain available to AYSO and
Little League. Wampole, Council Member Curry, and staff agreed to recommend the
following course of action - that the City would:
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Page 7
1. Propose to create three parcels at Newport Ridge Park, - (1) Parcel A would be
the Community Center and Center parking lot; (2) Parcel B would be the
ballfields and the Newport Ridge Drive parking lot; (3) Parcel C would be the
remainder of Newport Ridge Park, including the tennis courts, restrooms, and
other facilities (see Exhibit F); and
2. Process the appropriate actions for the City to reject the IIOD for Parcel C; and
3. That the City would retain the option to accept - at some point in the future - the
IOD for Parcel B. In the meantime, the City and NRCA would enter into an
Operating Agreement for the Parcel B portion of Newport Ridge Park - linked to
the rejection of the IOD for Parcel C - that described how the NRCA would
maintain community access to the ballfields and parking lot on Parcel B. The
draft terms of this proposed Operating Agreement are included in Exhibit H).
Recommended actions A1, A2, and B accomplish the Newport Ridge Park - related
tasks.
PART C — THE PROPOSED NEWPORT COAST COMMUNITY CENTER. On March
22, 2005, the City Council approved the proposed Newport Coast Community Center
(NCCC) and its related parking plan. More information about the Center is available on
the City's website (www. city. newport- bea ch. ca. us then "Projects" then "Newport Coast
Community Center "). In addition, previous staff reports on this item can be viewed by
looking at the City Council's agendas for March 22, 2005 and August 23, 2005.
At the time of annexation (January 2002), $7 million was set aside for the design and
construction of the NCCC. The City is obligated under the PAA to contribute some
additional revenue to the project for Furniture, Fixtures, and E= quipment ( "FF &E "). By
2006, the City's obligation became somewhat more extensive than just traditional FF &E
(via the inclusion of a ballfield relocation and additional parking spaces). The relevant
language of the PAA is as follows:
7 COMMUNITY CENTER. The purpose of this Section is to implement the
obligation of City to use up to $7 million (separate from the Allocation Account revenue)
received pursuant to the Contract to construct a Community Center. The City shall, in
locating, planning and constructing the Community Center, adhere 19 the following:
(e) City Obligations. City shall be responsible for funding the furnishings, fixtures and
equipment (FF &E) for the Community Center out of funds other than funds in the Building
Account or Allocation Account. City shall waive any and all fees normally charged for
applications for any permit necessary to plan, design and construct the Community
Center and shall request waivers from any other public agency required to issue any
permit or grant any approval for the Community Center. City may use funds in the
Building Account to pay any costs related to the application for analysis of or processing
of any discretionary land use approval required as a pre- condition to development of the
Community Center on the proposed site, only to the extent City is required to make
payments to any public agency.
(f) Planning /Location. The Committee shall hold open, noticed, and public meetings as it
considers the Newport Coast community's interest in the Community Center. If the
Committee deems the Center desirable, it shat/ make recommendations to the City
Council and the County regarding the most appropriate location for the Community
Newport Coast Community Center
Apri /25, 2006
Page 8
Center. Possible locations include a site within or adjacent to Newport Ridge Park or
within a park to be constructed at the top of Ridge Park Road. The Committee shall
submit recommendations regarding the preferred location of the Community Center, and
the reasons for the recommendation, to the City Council and the County for appropriate
action. The Committee shall endeavor to recommend a site for the Community Center
that will not require the approval or amendment of any discretionary land use approval on
the part of the City, County or other public agency. This Agreement shall not constitute a
commitment of the City or the City Council to approve any discretionary permit or
approval that requires a public hearing pursuant to State or local law. However, the City
Council shall use its best efforts, to the extent permitted by law, to approve permits and
grant land use approvals necessary to the design, siting and construction of the
Community Center.
(g) Design Parameters. The Community Center shall consist of a :structure that contains
approximately 22,000 square feet of floor area available to the public and may contain a
gymnasium, library and community meeting rooms. The design of and amenities in, the
Community Center shall be developed by Committee and submitted to the City Council
for final approval. The City Council shall, to the fullest extent permitted by law, use its
best efforts and good faith to approve the Community Center as proposed by the
Committee. The design of the Community Center shall take into consideration and be
consistent with the funds available for construction and the architectural style of the
Newport Coast.
(i) Use and Operation. The City shall operate the Community Center and install FF &E
appropriate to the permitted uses of the Community Center. The F,F &E shall be installed
no later than sixty (60) days after a certificate of occupancy has been issued for the
Community Center. City shall own and operate the Community Center and adopt a
community access and use plan based on recommendations by the Committee. The
approved access and use plan shall give a priority use by, and advance reservation
preference to, Newport Coast residents and homeowner associations without unduly
restricting public use of the Community Center.
Bid Opening & Updated NCCC Budget. At 11:00 a.m. on March 30, 2006, the City
Clerk opened and read the following Total Bid Prices for this project:
Bidder Total Bid Price
Low Bernards Bros., Inc. $8,159,000
2 Howard S. Wright Construction Co. 8,198,000
3 Woodcliff Corporation 8,390,000
4 DJM Construction Co., Inc. 8,437,000
The low Total Bid Price is 6% above the Architect's Estimate of $7,700,000. The low
bidder, Bernards Bros., Inc., is a State - licensed General Building Contractor who has
successfully completed recent school, fire station and other publicly- financed projects
similar to the community center for other agencies.
In March of 2005, City staff conducted a contractor pre-qualification process in
accordance with established procedures set by the State Department of Industrial
Relations. This effort assures that only experienced and qualified firms would be bidding
against each other on this and three other City building projects. Staff advertised and
invited experienced General Building Contractors to submit data concerning their firm's
Newport Coast Community Center
,W125,2006
Page 9
qualifications to the City. Staff then evaluated the data and granted prequalification to 20
firms, including Bernards.
The contract provides for constructing a 16,865 sq. ft. community center with parking
lot, walkways, site utilities, landscaping and irrigation systems. More information about
the design of the NCCC is on the City's website (www.city.newport-beach.ca.us) under
"Projects" then "Newport Coast Community Center."
The contract requires that all work be completed within 310 consecutive working days.
Assuming that the Notice to Proceed is issued by June 1st, work should be completed
by August 1, 2007, except for working day extensions due to unforeseen work, labor
and materials delays, inclement weather, etc. Liquidated damages are $1500 per
calendar day.
Dougherty & Dougherty Architects LLP prepared plans, specifications and estimate for
the project. Dougherty's contract stipulated that their design and construction services
will be provided for a fixed fee of 8% of the award amount. Based upon an estimated
$7,000,000 award, minus $10,000 expended previously for Dougherty's planning and
feasibility study, plus $25,000 for reimbursable expenses, Dougherty's initial fee was
$560,000. This information is shown in Dougherty's revised proposal dated June 18,
2004 (available in the Public Works Department). Because construction prices have
risen dramatically since Dougherty's fee was established, the City must compensate
Dougherty an additional $92,720 (8% of $1,159,000). Amendment No. 1
(Recommended action C -5 above and Exhibit B) has been prepared for that purpose.
During their term of service, Dougherty's scope of work expanded to include:
1. Redesigning the baseball field in the adjoining Newport Coast Community Park in
order to accommodate the community center's 122 -space parking lot (upsized from
a 93 -space lot); and
2. Preparing fuel modification plans and specifications and methane gas control plans
and specifications for the project since the building will be in close proximity to the
Coyote Canyon landfill.
Pacific Soils Engineering has provided geotechnical services and Advanced Survey
Concepts has provided survey and parcel mapping services directly to the City for the
project. The plans are 'permit- ready' through the City's Building Department and have
been reviewed by the Irvine Ranch Water District. IRWD water and sewer plan check,
connection and inspection fees, meters, etc., total about $17 „500 and will be paid from
the contingency allowance.
Geotechnical Services. Geotechnical services will be provided by outside consultants
per the On -Call Professional Services Agreement approved by City Council on 6- 25 -05.
Construction Management Services. In May of 2004 City :staff published a call for
construction management (CM) firms to submit qualifications to provide CM services for
two City building projects. Of the six firms that responded, staff evaluated GKK Works
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Apri125, 2006
Page 10
as the most qualified CM firm. Upon opening bids for this project and for the Santa Ana
Heights Fire Station project, staff requested GKK to submit its proposal to provide CM
services for both projects. Joint CM service is desirable since the two sites are within 4
miles of each other and it can reduce total CM costs. Both contracts provide for a City -
directed staggered start of work in order to accommodate joint CM services and
contracting. This agenda item's budget actions sets aside $400,000 for CM services,
although the bid amount is $374,334 (is this Project alone is awarded) or $311,714 for
this Project if GKK manages this Project and the SAH Fire Station.
Budget Impacts, City's Obligation. Given the language of the PAA (Section 7[e]), the
City is obligated to allocate a portion of our General Fund towards the NCCC's FF &E.
Staff considers this to be the "non- discretionary" City obligation - it clearly is the City
Council's discretion as to award a contract for the Project if the bids come in higher than
(a) + (b), where (a) is the amount in the NCCC Building Account and (b) is the amount
of FF &E that the PAA obligates the City to pay. These FF &E and related items include:
• Relocating the Ballfield
• Paying for additional parking (29 of the 122 spaces in the lot)
• Landscaping and irrigation
• Fencing and gates
• Gym Equipment- scoreboards, tables, bleachers, special gym floor, stage curtain & curtain tracks
• Acoustical ceilings
• Resilient flooring and carpet
• Tackable wall surfacing
• Specialties - toilet partitions, accessories, signage, fabric awnings, folding partitions
• Projection screens
• Food service equipment
• Window treatments
The sum of these items, including a pro rata share (about 80%) of General Conditions,
General Requirements, Construction Management, and Contingency based on this
FF &E+ materials, is $839,365.
Funding Needed to Complete Project. This project originally had $7 million in funds set -
aside in the Newport Coast Community Center's "Building Account." With deductions like
design work, initial geo -tech work, and other studies along with added interest income,
the remainder in the Building Account is $6,689,725. The $8,159,000 bid award for the
Project plus additional design fees plus contingency and construction management
leaves a remaining unbudgeted obligation for the Project of $2,761,995 as shown in
Diagram B.
Newport Coast Community Center
Ap025, 2006
page 11
Diagram 8
Sources of Funds
Amount in CIP for NCCC ( "Building Account ") $ 6,689,725
Total Sources of Funds $ 6,689,725
Uses of Funds
Bernard Project Award $ 8,159,000
Additional Design Fee (D &D) $ 92,720
Contingency Allowance $ 800,000
Construction Management $ 400,000
Total Uses of Funds $ 9,451,720
Additional Funds Needed to Construct Project $ 2,761,995
What the City is Obligated to Fund (per PAA, more)
FF &E Items $ 336,164
City Share of Parking Lot (29 of 122 spaces) $ 45,051
Fencing and Gates $ 32,780
Landscaping and Irrigation $ 198,610
City Share (8% of Contingency, Construction Mgmt $ 96,726
City Share (8 %) of Gen Conditions & Gen Reqts $ 130,034
Total City Obligations $ 839,365
Budget Amendments Recommended
BA to Pay City's FF &E Obligation $ 839,365
BA to Pay Remaining Project Deficit $ 1,922,630
Total Budget Amendment Recommended $ 2,761,995
Because this Project (a full -size gymnasium with two community meeting rooms) will
benefit the entire city, staff believes that the budget amendment is warranted. We
recognize that this Project has a significant cost at a time when the City is embarking
upon several important capital projects. However, if this Project is built, the city will
receive a significant community asset worth over $8 million for an investment of $2.76
million in General Fund cost. If the Council is inclined to build the Center at all, we
strongly believe that the time has come to take advantage of these strong bids and
construct the project - a project that should live well into mid - century and serve the
needs of the public throughout that time.
As such, we propose using $2,761,995 of the General Fund's Operating Reserve
(budgeted at $5,000,000) for this Project. Upon approval of the recommended Budget
Amendments, sufficient funds will be available in the following ,accounts to complete the
project:
Description Account Amount
Newport Coast Community Center Building 7298- C5100705 $6,689,725
General Fund — Operating Reserve $2,761,995
Total $9.451.720
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Apn125, 2008
Page 12
Recommended actions C -1 through C -5 accomplish the Newport Coast Community
Center - related tasks.
PART D - COUNCIL POLICY REGARDING NEWPORT COAST COMMUNITY
CENTER RESERVATIONS. Per the PAA (Section 7[i]), the City Council is to adopt a
"Community Access and Use Plan" that reflects the PAA's goal of having a reservation
system for the Center that allows Newport Coast residents and HOAs to book the
Center for non - commercial events in advance of other Center bookings. The proposed
Council Policy B -18, which has been developed with the Recreation Services Director,
the Assistant City Manager, and members of the Newport Coast Advisory Committee, is
included as Exhibit I. Readers will note that the proposed Policy includes a provision
allowing the Council to place a cap on reservations of the Center for private weekend
use. Members of the NCAC have not formally agreed to a cap. However, staff believes
that the cap appropriately meets one key goal of the PAA's Section 7(i) - that of making
sure that the reservation preference system does not "unduly restrict public use of the
Community Center."
Recommended action D-1 accomplishes the task of setting up the Community Access
and Use Plan within a new Council Policy B -18.
Environmental Review. This project was found to be categorically exempt from the
provisions of CEQA per Section 15332, Class 32, pertaining to urban infill development
projects. A Notice of Exemption was filed with the County Clerk and posted on March
30, 2005 for 30 days.
Prepared by:
tAw ,f"_
Lloyd Dalton, P.E.
Design Engineer
Submitted by:
;Ken G. Badum
blic Works Director
Submit
Robin Clauson
City Attorney
Prepared by:
,_
Dave Kiff
Assistant City Manager
Submitted by:
Mane Knight
Recreation Direct r
Newpon' Coast Community Center
Apn125, 2006
Page 13
Attachments: Exhibit A — Bid Summary
Exhibit B — Dougherty & Dougherty Amendment #1
Exhibit C — Resolution 2004 -85
Exhibit D — Resolution 2006 -
Exhibit E — Certificate of Acceptance
Exhibit F — Resolution 2007 -
Exhibit G — Map of Proposed Parcels for Newport Ridge Park
Exhibit H — Draft Terms of Operating Agreement with NRCA
Exhibit I — Proposed Council Policy B -18 (Community Access and Use
Plan for Newport Coast Community Center)
Exhibit J — Budget Amendment
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Apni25, 2006
Page 15
Exhibit B — Dougherty & Dougherty Amendment #1
To be added Friday, April 21, 2006
Apn! 25, 2006
Page 16
Exhibit C -- Resolution 2004 -85
RESOLUTION NO. 2004--85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ACCEPTING ANY EXISTING OR MODIFIED
IRREVOCABLE OFFER OF DEDICATION FOR NEWPORT RIDGE PARK
AND DIRECTING THE LEASE OF A PORTION
OF NEWPORT RIDGE PARK
TO THE NEWPORT RIDGE COMMUNITY ASSOCIATION
WHEREAS, the Newport Coast Community includes Newport Ridge Park, an
active and passive park area adjacent to San Joaquin Hills Road and Newport Coast
Drive; and
WHEREAS, the Pre - Annexation Agreement (PAA) between the City and the
Newport Coast Committee of 2000 directs the City to accept certain offers of dedication
and to return control over certain areas to affected homeowners associations or
community associations; and
WHEREAS, the PAA also directs the City's construction and management of the
Newport Coast Community Center; and
WHEREAS, the Newport Coast Advisory Committee (IJCAC) and the City
Council have selected the corner of Newport Ridge Park as the proposed site for the
Newport Coast Community Center and its related parking area; and
WHEREAS, the land beneath the Community Center and its parking lot shall be
owned by the City, but the remainder of the land encompassing Newport Ridge Park
shall, according to the PAA, be transferred to the Newport Ridge Community
Association; and
WHEREAS, Newport Ridge Park and Crestridge Park are both subject to the
1996 San Joaquin Hills Local Parks Irrevocable Offer of Dedication (IOD), which names
the County of Orange as the intended agency that would accept the IOD from the Irvine
Company; and
WHEREAS, the City has not fully established whether or not it can legally accept
the IOD in its 1996 form, but the City intends to accomplish the acceptance in a manner
similar to that provided within the 1996 San Joaquin Hills Local Parks IOD; and
WHEREAS, the City does not intend to accept that portion of the IOD which may
apply to Crestridge Park; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby:
Authorizes the Mayor or the City Manager to execute any acceptance document
associated with the Irrevocable Offer of Dedication for Newport Ridge Park,
including a document later modified by counsel but similar to the 1996 San
Joaquin Hills Local Parks Irrevocable Offer of Dedication proposed between the
County of Orange and the Irvine Company; and
2. Authorizes the Mayor or the City Manager to lease (at no cost) to the Newport
Ridge Community Association or its successor entity (provided that the
Association continue full maintenance of) that portion of Newport Ridge Park that
is not necessary for the maintenance and operation of the proposed Newport
Coast Community Center; and
Directs City staff to exclude Crestridge Park from any dedication acceptance.
Adopted this 28'h day of September, 2004.
ATTEST:
�c e r
MAYOR C d-
ab 7%e.M,/ �
CITY CLERK
Newport Coast Community Center
Am725, 2006
Page 17
Exhibit D
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ACCEPTING A PORTION OF THE
NEWPORT RIDGE PARK PROPERTY OFFERED TO THE
CITY OF NEWPORT BEACH BY THE SAN JOAQUIN HILLS
LOCAL PARKS IRREVOCABLE OFFER OF DEDICATION
AND RESERVING THE RIGHT OF THE CITY OF
NEWPORT BEACH TO ACCEPT THE REMAINDER OF
THE PROPERTY
WHEREAS, pursuant to that certain document entitled "San Joaquin Hills Local
Parks Irrevocable Offer of Dedication" recorded on April 8, 1993 as Instrument No. 93-
0234810 in the Official Records ( "Official Records ") of Orange County, California (the
"Offer "), The Irvine Company, a Michigan corporation ('TIC'), offered for dedication to the
County of Orange ( "County ") certain real property located in Orange County, California
known as Newport Ridge Park and Crestridge Park; and
WHEREAS, pursuant to that certain Lot Line Adjustment No. 94 -006 recorded on
March 22, 1994, as Instrument No. 94- 0202108 in Official Records, the legal description
of Lot 10 within Newport Ridge Park was changed to Parcels 1 and 2 of Lot Line
Adjustment No. 94 -006; and
WHEREAS, pursuant to that certain document entitled "Amendment No. 1 to San
Joaquin Hills Local Parks Irrevocable Offer of Dedication" recorded on February 17, 1995
as Instrument No. 95- 0066788 in the Official Records of Orange County, California, TIC
and County agreed to substitute and replace the legal description for Crestridge Park set
forth in the Offer with revised and corrected legal description ( "Amendment No. 1 "); and
WHEREAS, the Newport Ridge Park and Crestridge Park are located within that
Newport Coast Community Center
April 25, 2006
Page 18
land area known as the Newport Coast, which land area was formerly located within the
unincorporated area of Orange County, California; and
WHEREAS, by virtue of the annexation of the Newport Coast by the City of
Newport Beach ( "City ") effective January 1, 2002, County's rights under the Offer for the
Newport Ridge Park and Crestridge Park were transferred to and are now vested in City,
as evidenced by the Certificate of Completion filed by the Orange Local Agency
Formation Commission in the Official Records of Orange County on November 28, 2001
as Instrument No. 2001 - 0849462; and
WHEREAS, City desires to construct, operate, own and maintain a community
center for use by residents of the City of Newport Beach within a portion of the Newport
Ridge Park property described in Exhibit 1" and depicted on Exhibit "2" attached hereto
(the "Community Center Parcel').
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City accepts the Community Center Parcel described in Exhibit
1" and depicted on Exhibit "2 ".
Section 2: The City Manager and City Clerk are authorized and directed to
execute and file with the Office for the County Recorder for the
Country of Orange a Certificate of Acceptance and any other
documents that might be required to memorialize acceptance of the
Community Center Parcel.
Section 3: The City shall and does hereby retain its right to accept or reject any
and all portions of the property offered to the! City by and through the
Offer, as amended by Amendment No. 1, including, but not limited
to, Crestridge Park and the remainder of Newport Ridge Park, not
expressly accepted by the City through this Resolution.
Section 4: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the
resolution.
ADOPTED this day of 200.
Don Webb, Mayor
ATTEST:
LaVonne Harkless,
City Clerk
Newport Coast Community Center
April 25, 2006
page 19
NOTE: Exhibits 1 and 2 to this Resolution are not included in the Staff Report and will
be added when complete. The lot lines referred to for Exhibit 2 can be seen in this
Staff Report's Exhibit G.
Newport Coast Community Center
Apnl25, 2006
Page 20
Exhibit E
Certificate of Acceptance
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF NEWPORT BEACH
Attn: City Clerk
3300 Newport Boulevard
Newport Beach, CA 92662
Recording Fee Exempt Per Govt. Code
&& 6103. 27383
CERTIFICATE OF ACCEPTANCE OF PORTION OF SAN JOAQUIN HILLS
LOCAL PARKS IRREVOCABLE OFFER OF DEDICATION
On April 8, 1993, a document entitled "San Joaquin Hills Local Parks Irrevocable Offer of
Dedication' was recorded as Instrument No. 93- 0234810 by The Irvine Company, a Michigan
corporation, in favor of the County of Orange, by which The Irvine Company offered to dedicate to
the County of Orange certain described real property commonly known as Newport Ridge Park and
Crestridge Park.
On March 22, 1994, Lot Line Adjustment No. 94 -006 was recorded as Instrument No. 94-
0202108, by which the legal description of Lot 10 within Newport Ridge Park was changed to
Parcels 1 and 2 of Lot Line Adjustment No. 94 -006.
On February 17, 1995, a document entitled "Amendment No. 1 to San Joaquin Hills Local
Parks Irrevocable Offer of Dedication' was recorded as Instrument No. 95- 0066788, by which The
Irvine Company and the County of Orange agreed to substitute and replace the legal description for
Crestridge Park with a revised and corrected legal description.
Newport Ridge Park and Crestridge Park were formerly situated within the unincorporated
area of Orange County known as the Newport Coast, and were annexed to the City of Newport
Beach, effective January 1, 2002, pursuant to the Certificate of Completion recorded on November
28, 2001 as Instrument No. 2001 - 0849462 by the Orange Local Agency Formation Commission,
and the rights of the County of Orange under the "San Joaquin Hills Local Parks Irrevocable Offer
of Dedication' were thereby transferred to and vested in the City of Newport Beach.
On April 25, 2006, the City Council of the City of Newport Beach adopted Resolution No.
2006- to accept the portion of the "San Joaquin Hills Local Parks Irrevocable Offer of
Newport Coast Community Center
Apn125, 2006
Page 21
Dedication" described in Exhibit "1" and depicted on Exhibit "2" (the "Community Center
Parcel "), both of which are attached hereto and incorporated herein by this reference, for the
purpose of owning, constructing, operating and maintaining a community center, and to authorize
and direct the City Manager and the City Clerk to execute and record this Certificate of Acceptance.
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in the Community
Center Parcel, which is more particularly described in Exhibit "1" and depicted on Exhibit 112," is
hereby accepted by the undersigned officer on behalf of the City of Newport Beach pursuant to
Resolution No. 2006- of the City Council of the City of Newport Beach, and the City of
Newport Beach consents to the recordation of this CERTIFICATE OF ACCEPTANCE.
Homer Bludau, City Manager
ATTEST:
LaVonne Harkless,
City Clerk
NOTE: Exhibits 1 and 2 to this Certificate of Acceptance are not included in the Staff
Report and will be added when complete. The lot lines referred to for Exhibit 2 can be
seen in this Staff Report's Exhibit G.
Newport Coast Community Center
Aprit 25, 2006
Page 22
Exhibit F
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING ITS INTENT TO, AT A
FUTURE DATE, REJECT PORTIONS OF THE REMAINING
PROPERTY OFFERED TO THE CITY OF NEWPORT
BEACH BY THE SAN JOAQUIN HILLS LOCAL PARKS
IRREVOCABLE OFFER OF DEDICATION
WHEREAS, pursuant to that certain document entitled "San Joaquin Hills Local
Parks Irrevocable Offer of Dedication" recorded on April 8, 1993 as Instrument No. 93-
0234810 in the Official Records ( "Official Records ") of Orange County, California (the
"Offer "), The Irvine Company, a Michigan corporation, offered for dedication to the County
of Orange ( "County ") certain real property located in Orange County, California known as
Newport Ridge Park and Crestridge Park; and
WHEREAS, Newport Ridge Park is composed of three separate and distinct areas
commonly known as: (1) the "Community Center Parcel," which is labeled as Parcel "A"
on the aerial photograph entitled "Newport Ridge Community Park & Center" attached
hereto as Exhibit "A" and incorporated herein by this reference ( "Aerial'); (2) the "Baseball
Fields Parcel," which is labeled as Parcel "B" on the Aerial; and (3) the "Tennis Courts
Parcel," which is labeled as Parcel "C" on the Aerial; and
WHEREAS, Newport Ridge Park and Crestridge Park an) located within that land
area known as the Newport Coast, which land area was formerly located within the
unincorporated area of Orange County, California; and
WHEREAS, by virtue of the annexation of the Newport Coast by the City of
Newport Beach ( "City') effective January 1, 2002, the County's rights under the Offer for
the Newport Ridge Park and Crestridge Park were transferred to and are now vested in
Newport Coast Community Center
Apnl25, 2006
Page 23
the City, as evidenced by the Certificate of Completion filed by the Orange Local Agency
Formation Commission in the Official Records of Orange County on November 28, 2001
as Instrument No. 2001- 0849462; and
WHEREAS, on April 25, 2006, the City adopted Resolution No. 2006 -
accepting the Community Center Parcel; and
WHEREAS, the City desires to express its intent to endeavor to, at a future date,
to reject portions of the Offer with respect to remaining property not previously accepted
by the City;
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: It is the intent of the City to endeavor, at an appropriate future date
and consistent and in accordance with all applicable legal
requirements including, but not limited to the Subdivision Map Act, to
reject the portion of the Offer as to those areas known as the "Tennis
Courts Parcel," which is depicted on the Aerial as Parcel "C," and
Crestridge Park.
Section 2: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the
resolution.
ADOPTED this day of , 200_.
Don Webb
Mayor of Newport Beach
ATTEST:
LaVonne Harkless
City Clerk
NOTE: Exhibit A to this Resolution is not included in the Staff Report and will be added
when complete. The lot lines referred to for Exhibit A can be seen in this Staff Report's
Exhibit G.
Newport Coast Community Center
Apnt 25, 2006
Page 24
Exhibit G
Map of Proposed Lot Lines for Newport Ridge Park
To be added on Friday, April 21, 2006
Newpor! Coast Community Center
Apri125, 2006
Page 25
Exhibit H
DRAFT TERMS OF OPERATING AGREEMENT
Between the Newport Ridge Community Association
And the City of Newport Beach
PARTIES: City of Newport Beach, Newport Ridge Community Association
PROPERTY: Parcel B — portion of Newport Ridge Park
NRCA Obligations:
• NRCA must continue, at use levels at least comparable to 2005 use levels, the three
major community uses at Newport Ridge Park's Parcel E; (AYSO, Little League,
Sage Hill School);
• NRCA must make the restrooms on Parcel C available to these community uses;
• NRCA may not fence in the ballfields such that users must go through locked gates
to enter and use the fields;
• NRCA may fence in Parcel C provided that restroom facilities are still accessible to
patrons of Parcel B activities. Fencing shall be at NRCA's sole cost and expense;
• NRCA shall continue to carry appropriate levels of liability coverage; and
• NRCA shall maintain and repair the ballfields, the parking lot off of Newport Ridge
Drive and related landscaping of Parcel B at NRCA's sole cost and expense.
City Obligations:
• City shall complete and process appropriate maps to create for Parcel B and Parcel
C at City's sole cost and expense.
• City shall move the easterly ballfield backstop and related equipment to
accommodate the Community Center's parking lot at City's stole cost and expense.
Newport Coast Community Center
ApW 25, 2006
Page 26
Exhibit I
DRAFT
Council Policy B -18
Community Access and Use Plan
for the Newport Coast Community Center
I -- RESERVATIONS GENERALLY
1. All Newport Coast Community Center (NCCC) facility reservations from the general
public will be taken six (6) months in advance of use date.
2. All reservations, including those made pursuant to Section II -13-1 below, require a
refundable "room hold" deposit for each reservation unless waived by the Director
( "Director ") of the Recreation and Senior Services Department ( "Department "). Deposits
may be made via a valid credit card and shall be charged if the reservation is not
cancelled according to Part 4 of this Section I.
3. All reservation fees and deposits are due when the reservation is made.
4. In order to get a full refund on any deposit or room fees paid, cancellations must be
made 30 days in advance for the small NCCC room or 90 days in advance for the
NCCC's large room, the gymnasium, or the exterior areas.
5. All NCCC reservations, including deposits and fees, shall be subject to Council Policy 13-
13 unless otherwise described herein.
6. The City and the Newport Coast Advisory Committee shall monitor the effectiveness of
this reservation preference process on an ongoing basis to ensure that it fairly and
equitably balances HOA/Newport Coast Community Group use and uses whereby the
City might rent the facility for private functions.
II -- NEWPORT COAST RESIDENTS' RESERVATION PRIORITY SYSTEM
A — Reserving Rooms or the Gymnasium
Regular Business Meetings - 12 Month Lead Time. Newport Coast homeowners' or
community associations may reserve either the large or small NCCC rooms for regular
business meetings held on a recurring basis up to twelve (12) months in advance of the
scheduled meeting date(s).
2. Other Non - Commercial Uses - 9 Month Lead Time. NC residents, Newport Coast
HOAs, and any non - commercial organization based in Newport Coast may book any part
of the NCCC for a non - commercial purpose outside of the organization's regular
business schedule nine (9) months in advance of the use date.
3. This Reservation Priority System shall be reviewed by the City and by the NCAC as
needed to ensure that the Center's bookings are not inequitably dominated by private
rental uses. The City Council reserves the right to amend this Policy to place a cap on
weekend (Friday, Saturday, or Sunday) private use reservations of the Center. In the
event that the City Council applies a cap, the cap must provide that at least 6 (six)
weekend days (Friday, Saturday, or Sunday) in any month may be reserved for private
uses, and these six weekend days shall first be Newport Coast resident - reserved private
uses.
Newport Coast Community Center
Apn! 25, 2006
Page 27
B — Fees and Deposits
1. Exemption: Regular Business Meetings of NC Organizations. All organizations, official
HOAs, and non - profits that are based in the Newport Coast area serving Newport Coast
residents' are exempt from a Facility Use Fee when the facility use is a non - commercial
business meeting and when the meeting is held during a time when the Center is staffed
by the Department (at this time, the Center's hours are estimated to be 8:00 a.m. until
5:00 p.m. weekdays. Weekends and evenings will be staffed as events warrant).
However, if the following conditions exist, the organization shall pay the costs identified
below:
a. The meeting is held when the Center is not regularly - staffed. In this case, the
organization shall pay the direct cost of staffing the facility for the meeting's duration;
and /or
b. The meeting requires Center staff to set -up or dismantle additional equipment
beyond what the facility normally has in the Center's inventory. Chairs, tables,
staging, AV equipment, and other materials beyond what is normally stored at the
Center are considered "additional equipment." In this case, the organization shall
pay the actual staff cost of setting up, dismantling, andlor renting the equipment;
and /or
c. The meeting causes the City to incur clean -up fees or darnage remediation following
an event. In this case, the organization shall pay the actual cost of the clean -up or
damage remediation.
2. Private Uses. Newport Coast HOAs, Newport Coast -based organizations, or residents
of Newport Coast reserving the NC CC for their own private use, including commercial
uses, shall pay all use fees and deposits in accordance with Council Policy B -13 and the
Master Fee Schedule for facility use established by the City Council unless otherwise
described herein. These uses include: birthday or anniversary parties, weddings,
showers, graduations, etc. Residents of Newport Coast may not transfer or trade their
priority status for any use other than their own.
C — Newport Navigator Classes
Any Newport Coast resident who wishes to sign up for a class listed in the Newport Navigator
may do so at the NCCC via NCCC Concierge Services. The Department staff member taking
the enrollments shall input the enrollment into the reservation system upon receipt of the
enrollment in order to maximize the ability of the NC resident to get the class he or she seeks.
NC residents may also use the Department's online enrollment system at any time.
' The City and the NCAC shall cooperatively develop a list of these organizations and shall amend the list as
necessary and as deemed appropriate by the Director.
Newport Coast Community Center
Apn125, 2006
Page 28
Exhibit J
Budget Amendment
City of Newport Beach NO. BA- 06BA -065
BUDGET AMENDMENT
2005 -06
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
NX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
AMOUNT: $s,a5�,720
Increase in Budgetary Fund Balance
X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To increase expenditure appropriations for the Newport Coast Community Center by $9,451,720. Of this
amount $6,689,725 is recommended from the Newport Coast Annexation - Building Fund and $2,761,995
is recommended from General Fund unappropriated fund balance.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund
Account
Description
010
3605
Number
298
3605
Account
REVENUE ESTIMATES (3601)
C5100705
Newport Coast Community Center
Fund /Division
Account
Description
9298
6000
Nwpt Coast- Bldgffransfer In
EXPENDITURE APPROPRIATIONS (3603)
Amount
_ Debit Credit
$2,761,995 '
$6,689,725 '
$2,761,995
$6,689,725
$2,761,995
$2,761,995
Division
Number
Description
Division
Number
7298
Newport Coast Annex -Bldg
Account
Number
C5100705
Newport Coast Community Center
Division
Number
7298
Newport Coast Annex -Bldg
Account
Number
C5100705
Newport Coast Community Center
Division
Number
9010
General Fund
Account
Number
9900
Transfer Out
Amount
_ Debit Credit
$2,761,995 '
$6,689,725 '
$2,761,995
$6,689,725
$2,761,995
$2,761,995
Division
Number
Account
Number
Division
Number
Account
Number
' Automatic System Entry.
Signed:
� e /Q�y,j ,
Financial Approval:
Administra a Services Director
Date
4;
Signed:
Administrative Administrative Ap
val: City Manager
to
Signed:
City Council Approval: City Clerk
Date
V
Agenda Item No. 27
Apnik 25, 2006
0 /m CITY OF NEWPORT BEACH
•
MEMORANDUM
TO: Mayor Webb and Members of the City Council
FROM: Dave Kiff, Assistant City Manager
DATE: April 21, 2006
RE: Item #27 — Supplemental Information
Attached are:
1 — The Exhibit G to the Staff Report, showing the lot lines for the proposed parcel
divisions in Newport Ridge Park.
2 — The proposed amended contract for Dougherty and Dougherty. Please note that the
amendment reflects a changed scope of work for D &D. As the project went
forward, several actions were assigned to D &D outside of the Scope of Work,
including developing Fuel Modification Zone and methane control plans, as well as
the relocation of the ballfield and larger scope of the parking lot.
Dave
City Hall 9 3300 Newport Boulevard • Post Office Box 1768 9 Newport Beach, California 92659 -1768
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AMENDMENT NO. 1 TO
• PROFESSIONAL SERVICES AGREEMENT WITH
DOUGHERTY AND DOUGHERTY ARCHITECTS, LLP. FOR
NEWPORT COAST COMMUNITY CENTER
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 2006, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
DOUGHERTY AND DOUGHERTY ARCHITECTS, LLP, whose address is 3194 D
Airport Loop Drive, Costa Mesa, California, 92626 -3405, (hereinafter referred to as
"Consultant'), is made with reference to the following:
RECITALS
A. On June 22, 2004, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "Agreement", for
archtectural services for the Newport Coast Community Center,
hereinafter referred to as "Project'. This Agreement expired on December
• 30, 2005..
B. City desires to enter into this Amendment No. 1 to reflect additional
services not included in the Agreement or prior Amendments and to
extend the term of the Agreement to December 30, 2007.
C. City desires to compensate Consultant for additional professional services
needed for Project which include:
1) Redesigning the baseball field in the adjoining Newport Coast
Community Park in order to accommodate the community center's
122 -space parking lot (upsized from a 93 -space lot); and
2) Preparing fuel modification plans and specifications and methane
gas control plans and specifications for the project since the
building will be in close proximity to the Coyote Canyon landfill.
D. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1" as provided here below.
ti
NOW, THEREFORE, the parties hereto agree as follows:
1. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1 for all work performed in accordance
with this Amendment, including all reimburseable items and subconsultant
fees, shall not exceed Seventy Seven Thousand Seven Hundred and
Twenty Dollars ($77,720).
2. The term of the Agreement shall be extended to December 30, 2007.
3. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
EM
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
•
0
Item #27 - 4 -25 -06
Resolution with Exhibits
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ACCEPTING A PORTION OF THE
NEWPORT RIDGE PARK PROPERTY OFFERED TO THE
CITY OF NEWPORT BEACH BY THE SAN JOAQUIN HILLS
LOCAL PARKS IRREVOCABLE OFFER OF DEDICATION
AND RESERVING THE RIGHT OF THE CITY OF NEWPORT
BEACH TO ACCEPT THE REMAINDER OF THE
PROPERTY
WHEREAS, pursuant to that certain document entitled "San Joaquin Hills Local
Parks Irrevocable Offer of Dedication" recorded on April 8, 1993 as Instrument No. 93-
0234810 in the Official Records ( "Official Records ") of Orange County, California (the
"Offer"), The Irvine Company, a Michigan corporation ( "TIC "), offered for dedication to the
County of Orange ("County") certain real property located in Orange County, California
known as Newport Ridge Park and Crestridge Park; and
WHEREAS, pursuant to that certain Lot Line Adjustment No. 94 -006 recorded on
March 22, 1994, as Instrument No. 94- 0202108 in Official Records, the legal description of
Lot 10 within Newport Ridge Park was changed to Parcels 1 and 2 of Lot Line Adjustment
No. 94 -006; and
WHEREAS, pursuant to that certain document entitled "Amendment No. 1 to San
Joaquin Hills Local Parks Irrevocable Offer of Dedication" recorded on February 17, 1995
as Instrument No. 95- 0066788 in the Official Records of Orange County, California, TIC
and County agreed to substitute and replace the legal description for Crestridge Park set
forth in the Offer with revised and corrected legal description ( "Amendment No. 1 "); and
WHEREAS, the Newport Ridge Park and Crestridge Park are located within that
land area known as the Newport Coast, which land area was formerly located within the
unincorporated area of Orange County, California; and
Item #27 - 4 -25 -06
Resolution with Exhibits
WHEREAS, by virtue of the annexation of the Newport Coast by the City of
Newport Beach ( "City') effective January 1, 2002, County's rights under the Offer for the
Newport Ridge Park and Crestridge Park were transferred to and are now vested in City,
as evidenced by the Certificate of Completion filed by the Orange Local Agency Formation
Commission in the Official Records of Orange County on November 28, 2001 as
Instrument No. 2001 - 0849462; and
WHEREAS, City desires to construct, operate, own and maintain a community
center for use by residents of the City of Newport Beach within a portion of the Newport
Ridge Park property described in Exhibit "1" and depicted on Exhibit "2" attached hereto
(the "Community Center Parcel ").
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1
Section 2
The City accepts the Community Center Parcel described in Exhibit
"1 "and depicted on Exhibit "2 ".
The City Manager and City Clerk are authorized and directed to
execute and file with the Office for the County Recorder for the
Country of Orange a Certificate of Acceptance and any other
documents that might be required to memorialize acceptance of the
Community Center Parcel
Section 3: The City shall and does hereby retain its right to accept or reject any
and all portions of the property offered to the City by and through the
Offer, as amended by Amendment No. 1, including, but not limited to,
Crestridge Park and the remainder of Newport Ridge Park, not
expressly accepted by the City through this Resolution.
Section 4; This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the
resolution.
Item #27 - 4 -25 -06
Resolution with Exhibits
ADOPTED this 25`" day of April 2006.
MAYOR
ATTEST:
EXHIBIT "1"
LEGAL DESCRIPTION, PARCEL 1
A PORTION OF PARCEL I OF LOT LINE ADJUSTMENT 94 -006 RECORDED
MARCH 22, 1994 IN THE ORANGE COUNTY RECORDERS OFFICE, STATE OF
CALIFORNIA BEING MORE PRACTICALLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF NEWPORT COAST
DRIVE AND SAN JOAQUIN HILLS ROAD AS SHOWN ON SAID LOT LINE
ADJUSTMENT 94 -006; THENCE NORTH 84027'16" WEST ALONG SAID
CENTERLINE OF SAN JOAQUIN HILLS ROAD A DISTANCE OF 441.70 FEET;
THENCE LEAVING SAID CENTERLINE NORTH 05 032'44" EAST A DISTANCE
OF 61.49 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF LAST SAID
ROAD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE
NORTH 05 032'44" EAST A DISTANCE OF 345.01 FEET TO A POINT ON A NON -
TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 142.54
FEET TO WHICH A RADIAL LINE BEARS SOUTH 48 °54'51" WEST; THENCE
SOUTHEASTERLY ALONG SAID NON - TANGENT CURVE THROUGH A
CENTRAL ANGLE OF 37 002'25" AN ARC LENGTH OF 92.15 FEET; THENCE
SOUTH 78 007'34" EAST A DISTANCE OF 36.87 FEET; THENCE NORTH 74 °03'52"
EAST A DISTANCE OF 79.69 FEET; THENCE NORTH 64'42'53" EAST A
DISTANCE OF 58.38 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 50.00 FEET; THENCE
EASTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE
OF 25 058'33" AN ARC LENGTH OF 22.67 FEET; THENCE SOUTH 89 °18'34" EAST
A DISTANCE OF 123.01 FEET;THENCE NORTH 77 °16'30" EAST A DISTANCE OF
18.90 FEET TO WESTERLY RIGHT OF WAY LINE OF SAID NEWPORT COAST
DRIVE AND THE BEGINNING OF A NON - TANGENT CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 2291.00 FEET TO WHICH A RADIAL LINE
BEARS SOUTH 85 040'34" EAST. THE FOLLOWING DESCRIBED COURSES ARE
ALONG THE RIGHT OF WAY LINES OF SAID NEWPORT COAST DRIVE AND
SAID SAN JOAQUIN HILLS ROAD AS SHOWN ON SAID LOT LINE
ADJUSTMENT 94 -006; THENCE SOUTHERNLY ALONG SAID NON - TANGENT
CURVE THROUGH A CENTRAL ANGLE OF 03011'42" AN ARC LENGTH OF
127.75 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 201.00 FEET; THENCE SOUTHERLY
ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8 019'02"
AN ARC LENGTH OF 29.18 FEET; THENCE SOUTH 15'50'10" WEST A
DISTANCE OF 30.62 FEET TO THE BEGINNING OF A TANGENT.CURVE
CONCAVE EASTERNLY HAVING A RADIUS OF 219.00 FEET; THENCE
SOUTHERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE
OF 07 034'07" AN ARC LENGTH OF 28.93 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2929.50 FEET
TO WHICH A RADICAL LINE BEARS SOUTH 81 023'57" EAST; THENCE
EXHIBIT "1"
LEGAL DESCRIPTION, PARCEL 1- CONTINUED
SOUTHERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE
OF 2 009'07" AND ARC LENGTH OF 110.03 FEET; THENCE SOUTH 79 °14'50"
EAST A DISTANCE OF 4.00 FEET TO THE BEGINNING OF A NON - TANGENT
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2925.50 FEET TO
WHICH A RADIAL LINE BEARS SOUTH 79 014'50" EAST; THENCE SOUTHERLY
ALONG SAID NON - TANGENT CURVE THROUGH A CENTRAL ANGLE OF
0 034'09" AN ARC LENGTH OF 29.06 FEET; THENCE SOUTH 48 -11 -54 WEST A
DISTANCE OF 29.57 FEET; THENCE SOUTH 89 -52 -33 WEST A DISTANCE OF
51.85 FEET; THENCE NORTH 85 017'57" WEST A DISTANCE OF 305.86 FEET TO
THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS: 133,548 SQFT. OR
3.066 ACRES MORE OR LESS
EXHIBIT "1" ATTACHED HERETO AND MADE A PART THEREOF
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Item #27 - 4 -25 -06
Resolution with Exhibit
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING ITS INTENT TO, AT A
FUTURE DATE, REJECT PORTIONS OF THE REMAINING
PROPERTY OFFERED TO THE CITY OF NEWPORT
BEACH BY THE SAN JOAQUIN HILLS LOCAL PARKS
IRREVOCABLE OFFER OF DEDICATION
WHEREAS, pursuant to that certain document entitled "San Joaquin Hills Local
Parks Irrevocable Offer of Dedication" recorded on April 8, 1993 as Instrument No. 93-
0234810 in the Official Records ( "Official Records ") of Orange County, California (the
"Offer'), The Irvine Company, a Michigan corporation, offered for dedication to the County
of Orange ( "County ") certain real property located in Orange County, California known as
Newport Ridge Park and Crestridge Park; and
WHEREAS, Newport Ridge Park is composed of three separate and distinct areas
commonly known as: (1) the "Community Center Parcel," which is labeled as Parcel "A" on
the aerial photograph entitled "Newport Ridge Community Park & Center" attached hereto
as Exhibit "A" and incorporated herein by this reference ( "Aerial "); (2) the "Baseball Fields
Parcel," which is labeled as Parcel "B" on the Aerial; and (3) the "Tennis Courts Parcel,"
which is labeled as Parcel "C" on the Aerial; and
WHEREAS, Newport Ridge Park and Crestridge Park are located within that land
area known as the Newport Coast, which land area was formerly located within the
unincorporated area of Orange County, California; and
WHEREAS, by virtue of the annexation of the Newport Coast by the City of
Newport Beach ( "City ") effective January 1, 2002, the County's rights under the Offer for
the Newport Ridge Park and Crestridge Park were transferred to and are now vested in
the City, as evidenced by the Certificate of Completion filed by the Orange Local Agency
Item #27 - 4 -25 -06
Resolution with Exhibit
Formation Commission in the Official Records of Orange County on November 28, 2001
as Instrument No. 2001 - 0849462; and
WHEREAS, on April 25, 2006, the City adopted Resolution No. 2006 -_ accepting
the Community Center Parcel; and
WHEREAS, the City desires to express its intent to endeavor to, at a future date, to
reject portions of the Offer with respect to remaining property not previously accepted by
the City;
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: It is the intent of the City to endeavor, at an appropriate future date
and consistent and in accordance with all applicable legal
requirements including, but not limited to the Subdivision Map Act, to
reject the portion of the Offer as to those areas known as the "Tennis
Courts Parcel," which is depicted on the Aerial as Parcel "C," and
Crestridge Park. .
Section 2: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the
resolution.
ADOPTED this 25"' day of April, 2006
MAYOR
ATTEST:
CITY CLERK
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Newport Coast Community
Center: Bid Award and More
Item #27
Newport Beach City Council
Tuesday, April 25, 2006
What We Will Cover
• Two slides on NCCC Background
• Newport Ridge Park Issues
• Two resolutions regarding an Irrevocable Offer of Dedication
(IOD) and three parcels;
• Proposed terms for an Operating Agreement
• Newport Coast Community Center— Bid Award
■ Bid Summary
■ Budget Considerations — FF &E obligation, budget amendment
■ Proposed new Council Policy about reservations
• Summary of Recommended Actions
• Council and Public Discussion
1
Newport Ridge Park & Crestridge Park
• Newport Ridge Park is adjacent to San
Joaquin Hills Road between Newport Coast
Drive and Newport Ridge Drive.
• Crestridge Park is open space that lies inside
the "loop" of Newport Ridge Drive.
® Both parks are held by the Newport Ridge
Community Association subject to an
"Irrevocable Offer of Dedication" that allows
the County of Orange to accept the parks and
make them public facilities.
Newport Ridge Park & Crestridge Park
® Newport Ridge
includes:
•
An open grassy
field
•
2 ballfields
•
a 77 -space
parking lot
•
Restrooms
•
A Tot Lot
•
Walkways
•
Tennis Courts
•
Picnic Areas
•
Volleyball courts
3
Recommended Actions
• (A) Adopt Two Separate Resolutions:
i. Accept title to Community Center land;
2. Express Council's intent to reject IOD for "Parcel C" or similar
• (B) Authorize the City Manager to enter into an Operating
Agreement with NRCA re: NR Park's ballfields.
n With suggested amendment re: separation between NCCC and
ballfield parking lot.
• (C) Award the Community Center Bid, including:
• Budget Amendment ($2.761 mn from GF)
• Establish contingency and construction management amounts
• Amend design contract with Dougherty & Dougherty
• (D) Adopt new Council Policy B -18 re: Center's Community
Access and Use Pan
■ With suggested amendment re: non -fee HOA use in evenings.
Exhibit Slides
/
oll 1 a ®'
U!IMAMI
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oll 1 a ®'
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NRCA -City Operating Agreement
Draft Terms
■ NRCA Obligations:
• NRCA must continue, at use levels at least comparable to 2005 use levels, the three
major community uses at Newport Ridge Park's Parcel B (AYSO, Little League, Sage
Hill School);
• NRCA must make the restrooms on Parcel C available to these community uses;
• NRCA may not fence in the ballfields such that users must go through locked gates to
enter and use the fields;
• NRCA may fence in Parcel C provided that restroom facilities are still accessible to
patrons of Parcel B activities. Fencing shall beat NRCA's sole cost and expense;
• NRCA shall continue to carry appropriate levels of liability coverage; and
• NRCA shall maintain and repair the ballfields, the pparking lot off of Newport Ridge
Drive and related landscaping of Parcel B at NRCA's sole cost and expense.
® City Obligations:
• Ciry shall complete and process appropriate maps to create for Parcel B and Parcel C
at City's sole cost and expense.
• City shall move the easterly balifield backstop and related equipment to accommodate
the Community Center's parking lot at City's sole cost and expense.
• Pa rt of Community Center oroiect shall include a fence separating the NCC ring
lot from the balifie ds for o aver safery.
11
I 1
IfflaNAWW" ,.
Brown, Leilani
From: Kiff, Dave
Sent: Tuesday, April 25, 2006 4:27 PM
To: City Clerk's Office; 'O'Connor, Debbie'
Subject: FW: Newport Coast Community Center
Hi Deborah --
Thanks for your e-mail. I'll make sure the City Clerk gets it in time for the meeting.
Dave
From: O'Connor, Deborah [mailto:deborah.oconnor @sdma.com]
Sent: Tuesday, April 25, 2006 2:32 PM
To: Ridgeway, Tod; Webb, Don; Rosansky, Steven; Daigle, Leslie; Nichols, Dick; Selich, Edward; Curry, Keith; Kiff, Dave
Cc: Thomas LeBeau; Sherri Fryer; Msdawnmichelle @aol.com; 'Mark Fanticola'; William Lightcap; Bill Larkin; Gary &
Eugenia Pollard; Gerhard Hain; Chris Kwasizur; joverley @ocregister.com; Ken Krueger; Kim & Nancy Kelly; Mark
Lanfrance; Ming Zhou; Shawn Williams; Rick & Katie Kalvoda; 'Kelly Matesky'; 'Helen Mackel'; 'Kim Vausbinder
(thesourcemarketing @cox.net)'; JKANEDA @aol.com
Subject: Newport Coast Community Center
Dear Mayor Webb and City Council Members:
I am a homeowner in Newport Coast and have been so since 1994. 1 have lived in two different developments in Newport
Coast. I currently reside in the development known as 'Tesoro" located on Newport Ridge Drive off of Newport Coast
Drive. The view from my house is NOT facing nor in any way impacted by the Community Center. I have strongly voiced
my objections to the proposed Community Center to, unfortunately and regrettably, no avail. My primary objection is that
the proposed Community Center is not necessary nor wanted by the residents of Newport Coast.
As I am sure you are aware, Newport Coast consists of 7 square miles of developed and undeveloped land. As of the
2000 census, the total population of Newport Coast was 2,671. The median household income is significantly
above (roughly $165,000 according to 2000 census information) the State average. In part, due small size of the
population and the unique profile of the residents of the Newport Coast, there has never been a strong desire or need to
build a Community Center in this area. The master - planned community was developed by the Irvine Company.
Newport Coast was annexed into Newport Beach in 2001 pursuant to the provisions of the The Pre- Annexation
Agreement ( "PAN) made on November 28, 2001 between the City of Newport Beach and the Newport Coast Committee
of 2000 ( "NCC2K "). Although you may have been led to believe otherwise, I think it is very important for the City to know
that the overwhelming majority of Newport Coast residents are AGAINST the Community Center. I have two children that
attend Newport Coast Elementary School. Newport Coast Elementary School PTA board voted unanimously to reject the
Community Center. The current PTA President, Lisa Thompson, has attended meetings, and voiced objections to, again,
no avail. The residents of Newport Coast feel strongly that if put to a "vote" the Community Center would be rejected.
The direction of the Community Center is, again unfortunately, controlled by the actions of a mere 7 individuals. The Pre -
Annexation Agreement ( "PAN) made on November 28, 2001 between the City of Newport Beach and the Newport Coast
Committee of 2000 ( "NCC2K ") does not, as some have said, mandate the City to follow the recommendations of the self -
proclaimed members of the Newport Coast Advisory Committee ( "NCAA "). Jim McGee, as many of you know, is an
attorney, a member of the NCC2K, and was a signatory to the PAA. He strongly desires the Community Center and,
many feel his personal desires, have clouded his ability to be objective. If nothing else, he clearly has a conflict of
interest. The PAA, of which Mr. McGee contributed to and signed, states that a committee will be formed called the
Newport Coast Advisory Committee ( "NCAA ") made of 7 members, 4 from the NCC2K, and 3 from City Council. The
NCC2K members that are on the NCAA ARE NOT ELECTED. (Mr. McGee is on both the NCC2K and the NCAA). The
NCAA appear to have unfettered discretion to subjectively determine "the Newport Coast community's interest in the
Community Center." (Para. 7(f)).
To this end, between 2001 and the present the only things the NCAA has done to purportedly determine "community
04/25/2006
interest" is to hold two "Town Hall" meetings about the Center (where the opposition was strong, but entirely ignored);
hold occasional meetings where the progress of "moving forward" with the Community Center was presented (as opposed
to weighing the interest level or giving required notice that $7 million dollars would be refunded to residents in the form of
reduction of the assessment district debt if the Community Center was rejected); send out a mailing regarding the
annexation into Newport Beach which discussed the proposed Community Center; there was a banner at the proposed
site location (which again stirred much dissent over the Community Center, but was ignored by the NCAA); a paltry
display at the Pavilions adjacent from the site location (which did nothing more than market the Community Center as a
done deal); and, finally, there was some information posted on the web regarding the Community Center plans (again --
marketed as a done deal not seeking responses over interest level). These actions have been more for "show" than to
determine the true desire of the residents of Newport Coast.
Fortunately, it is NOT too late for the City to reject the Community Center. The City of Newport Beach has a "say" in
whether to build the Community City. The City of Newport Beach is a "party" to the PAX Paragraph 7(k) states that "In
the event the Parties decide not to construct a Community Center, all funds remaining in the Building Account shall be
transferred to the Allocation Account for distribution ... " The City is a "Party" and it CAN AND SHOULD decide not to go
forward with a Community Center that the residents of Newport Coast neither need nor want. There is NOT a shred of
objective resources that the NCAA can provide to the City Council reflecting that the residents of Newport Coast desire a
Community Center. Ask the NCAA to present you with objective documentation, rather than their subjective opinions,
reflecting that the residents of Newport Coast desire a Community Center. They do not have it because it does not exist.
The Community Center was to be constructed, if at all, by "on or before June 30, 2004." (PAA, para. 7(h)). That time has
long since past. The Community Center was to be constructed, if at all, with the $7 million dollars transferred into the
Building Account. The $7 million budget is no longer even remotely realistic as a result of the delay (i.e.China's building
boom impacting local steel, concrete and sheet rocking pricing).
Now is the time for the City Council to reject the Community or, at the very least, put it to an actual vote, at the very least.
Deborah L. O'Connor, Esq.
Special Counsel
SEDGWICK, DETERT, MORAN & ARNOLD LLP
3 Park Plaza, 17th Floor
Irvine, California 92614 -8540
Tel: 949.852.8200, ext.7808
Main: 949.852.8200
Fax: 949.852.8282
d eborah. oco n norOsdm a.com
www.sdmacom
* * * * * * * * * * * * * * * * * * * * * * ** PRIVILEGE AND CONFIDENTIALITY NOTICE" * * * * * * * * * * * * * * * * * * * **
The information in this electronic mail is intended for the named recipients only. It may contain privileged and confidential
matter. If you have received this electronic mail in error, please notify the sender immediately by replying to this e-mail or
by collect call to (949) 852 -8200. Do not disclose the contents to anyone.
Thank you.
04/25/2006
JIM MCGEE
23 CORPORATE PLAZA, SUITE 230
NEWPORT BEACH, CALIFORNIA 92660
April 25, 2006
Mayor Webb
Members of the City Council
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92663
Re: Newport Coast Community Center
Dear Mayor Webb and Members of the City Council:
I will be unable to attend the City Council meeting of April 25, 2006. I request
that this letter and its attachments be made part of the public file.
There still appears to be misinformation circulating that the Community Center is
not supported by the residents of Newport Coast. I disagree.
I had the pleasure of chairing a citizen's group that was formed in 1998 and which
became known as the Newport Coast Committee of 2000, or NCC2K for short. This
group was comprised of 15 residents, most of whom, at that time, were the presidents of
the HOA in which they resided. Following many meetings with the City and City
Attorney, a Pre - Annexation Agreement ( "PAA ") dated November 28, 2001 was entered
into between the NCC2K and the City of Newport Beach. The PAA was approved by the
City Council and made a condition of the City's annexation of the Newport Coast by the
Local Agency Formation Commission ( "LAFCO "). As a result of the PAA, the residents
of Newport Coast did not file a protest against the annexation.
The PAA, at Paragraph 7, sets forth terms relating to the siting and construction of
a Community Center. The PAA delegates to the Newport Coast Advisory Committee
( "NCAC "), a committee appointed by the City Council, the task of holding public
meetings to consider whether the Community Center is desirable and in the community's
interest and to make recommendations regarding the same to the City Council. The
NCAC held numerous public meetings to discuss the concept of a Community Center.
On August 6, 2003, at a public meeting of the Newport Coast Advisory
Committee, a comprehensive plan of Community Outreach was discussed and approved.
Although the concept of a "straw vote" or "ballot" was discussed, since every home in
Mayor Webb
Members of the City Council
April 25, 2006
Page 2
the Newport Coast is represented by a Homeowners Association it was decided that it
would be more efficient and more representative to seek an up or down vote from the
elected officials (Directors) of the HOAs rather than taking a straw vote. Experience has
shown this method to work while mail out ballots have produced, in many instances, less
than a 15% return. The Outreach plan included the mailing of an opinion survey, website
discussion, an advertised "town hall" meeting, presentations to HOA's at their monthly
meetings, an informational mailer to all Newport Coast households, a banner and signage
at high- visibility spots and an informational display table at the Newport Coast shopping
center. This Outreach plan was unanimously approved by the five (5) homeowner
members of the committee and the two councilmen members, John Heffernan and Dick
Nichols.
Over the ensuing eight (8) months each element of the Community Outreach was
performed and a broad segment of the community was contacted. By far, the most
significant Community Outreach was the personal contact with more than 500 residents
that occurred as a result of the public information table that was set up in the Newport
Coast shopping center and staffed by volunteers for approximately eight (8) hours a day
over a two week period. A subcommittee report on public outreach was submitted to the
Newport Coast Advisory Committee, in a public hearing, and it was approved and filed.
A copy of that report is attached.
I am currently the President of the Newport Coast Community Association. This
is an elected office and the Newport Coast Community Association represents 1,656
homes with more than 6,500 residents. The Newport Ridge Community Association
( "NRCA ") represents more than 1,000 residences and more than 3,500 residents. It is
significant to note that both the Newport Coast Community Association and the Newport
Ridge Community Association, through their respective Boards of Directors,
unanimously voted to support the Community Center that is proposed to be constructed
in the Newport Ridge Park. The Pelican Point Homeowners Association, which is not a
member of either the NRCA or the NCCA, also voted to support the Community Center.
After receiving the recommendation of the Newport Coast Advisory Committee
to proceed with the building of the Community Center, the City Council voted to adopt
the recommendation of the Newport Coast Advisory Committee and approximately
$500,000 of the $7,000,000 fund has been spent getting to this point. As a result of the
Community Outreach and the votes of the two largest master associations in the Newport
Coast, it is clear that the Community Center has the overwhelming support of the
residents. However, it is also noted that there are a relatively few number of residents
that are opposed to the Community Center for a variety of reasons, such as believing that
the facility is unnecessary or preferring the look of the green grass rather than a building
at the current park site. A handful of residents who live in the Tesoro Community have
been the most vocal in their opposition to the Community Center. Some have voiced
Mayor Webb
Members of the City Council
April 25, 2006
Page 3
objection because their views currently look down on a grassy field and they don't want
the view to change to that of looking at the Community Center building. The Newport
Coast Advisory Committee, when it was working with the City and the Project Architect,
encouraged a design that would address these view concerns. For that reason, the East
part of the property has been designed to be heavily landscaped with tall tress that will
screen the building from Newport Coast Drive and the Tesoro Community above.
Unfortunately, this has not satisfied some of the Tesoro residents. Even though some of
the residents of the Tesoro community oppose the Community Center, the Board of
Directors of the Tesoro HOA, has voted to remain neutral on the Community Center and
has filed no opposition.
At this juncture, it continues to be the recommendation of the Newport Coast
Advisory Committee that the project proceed forward.
Sincerely,
Newport Coast Advisory Committee
Jim McGee
Chair
JFM:cv
H: \CLIENTt1FM\NCAC\LTR \Webb 060425.doc
Final Community Center Subcommittee Report on Public Outreach
1. Pavilions Center
Tables were setup outside of the Pavilions market, with the consent of store
management. There were colored story boards and renderings of the proposed
community center that were placed on easels and the volunteers that manned the tables
attempted to engage as many shoppers who lived in the Newport Coast, as possible. The
tables were manned for approximately eight (8) hours each day over two consecutive
weekends. The results of the contacts with Newport Coast residents are:
A. Neil Steinbrenner and Marsha Steinbrenner.
The Steinbrenners sat at the tables on 9/21 and 9/22. They estimate that they
personally spoke to more than one - hundred (100) people and that a vary small
percentage, perhaps less than five percent (5 %) voiced any form of opposition or
disagreement with the community center. Most people contacted, more than ninety -five
percent (95 %) were supportive or very supportive. The Steinbrenners are residents in
Newport Ridge and Neil Steinbrenner has been an elected director of his HOA.
B. Jack Butefish.
Jack Butefish sat at a table on 9/27 and 9/28. He reports that he contacted and
spoke to 50 — 60 people. Seventy percent (70 %), by his estimate, were openly supportive
of the community center. Approximately thirty percent (30 %) were either opposed or
needed additional information. Jack reports that once these people were provided with
additional information that only four (4) individuals remained opposed. Jack is the
elected president of his Homeowners Association in Newport Ridge.
C. Al Willinger.
Al sat at a table on 9/27 and 9/28. He reports that he contacted approximately
fifty (50) people and that the vast majority were in favor of the project. He was able to
only identify three (3) residents who were opposed to the community center. Al is the
elected president of his Homeowners Association in the Newport Coast.
D. Dan Wampole.
Dan sat at a table on 9/21 and again on 9/27. He contacted over one - hundred
(100) people and reports that an overwhelming majority supported the community center
proposal. He indicates that a few, less than five (5), said that a community center was not
necessary, but even with respect to those persons, they were not openly negative about
the concept of a community center. Dan estimates that ninety -five percent (95 %) or more
of those persons that he spoke to were in favor of the community center. Dan is the
elected president of his Homeowners Association in the Newport Ridge.
E. Peer Swan and Nancy.
The Swans sat at tables on 9/27 and 9/28. They report that they contacted
seventy -five (75) to a hundred (100) people, most of whom were favorable to the
proposed community center. They report that one individual was adamantly opposed and
that a handful of others were opposed to some portion of the community center. Peer is
the elected president of his Homeowners Association in the Newport Coast.
F. Jerry Ross.
Jerry sat at the Pavilions table on 9/22 and 9/28 and reports that he spoke to well
over one - hundred and twenty -five (125) people over the course of two (2) days and that
less than five percent (5 %) of those that he spoke to were opposed to the project. He
indicated that many people asked questions and commented on how nice it would be to
have a community center and that it would be a welcome amenity to the community.
2. Newport Coast Adventure Run
Ed Escano indicated that there was a table that was set up at the race and that
individuals were asked if they were Newport Coast Residents and that approximately
thirty -five (35) stated that they were and received information regarding the community
center. Of the thirty -five (35), two (2) were opposed and the remainder were in favor of
the community center.
3. Newport Coast Carnival
This event was sponsored by the Newport Coast Community Association for all
of its residents. It was attended by hundreds of residents and their children. Al Willinger
reports that he spent the better part of his time at the carnival speaking to individuals
regarding the community center. A table was set up with colored renderings on easels.
Al believes that he spoke to forty (40) or fifty (50) residents about the Community Center
and that with a few exceptions all were supportive.
4. Town Hall Meeting
A separate report has been prepared by Dave Kiff. In general, the support for an
opposition to the Community Center was roughly, equally divided. Of those who spoke
at the meeting, approximately twenty -four (24) spoke in support of the Community
Center, twenty -one (2 1) spoke in opposition to it. They were primarily residents of the
community of Tesoro. Eighteen (18) persons at the meeting asked questions but voiced
no opinion one way or the other. With regard to the Tesoro residents, they complained
mostly about the fact that they would lose the view of the green grass area and would
instead be looking at a building. It was explained that efforts would be made to
landscape the building in a way that would be sensitive to their views and it would screen
the building.
5. HOA Votes
The Newport Ridge has nine (9) or ten (10) sub associations. All residents of
each of those sub associations elect a board of directors to their master association, the
Newport Ridge Community Association, which is comprised of five (5) directors. The
Newport Ridge Community Association voted unanimously to support the community
center. The Newport Ridge represents more than twenty five hundred (2,500) residents
in the area.
2
The Newport Coast Community Association is the master association for the
Newport Coast which is comprised of approximately ten (10) sub associations. All of the
residents of the Newport Coast elect a five (5) member board of directors for its master
association, the Newport Coast Community Association. This master association
represents the interests of approximately three thousand (3,000) residents. This master
association's board of directors voted unanimously to support the community center.
In addition, a number of sub - associations have considered the matter and voted in
support of the Community Center, including Ocean Ridge 2, Ocean Ridge 1, and Pelican
Hill. No sub - association or HOA has voted in opposition to the Community Center.
6. Petitions
Al Willinger faxed to Dave Kiff petitions that were signed by ninety -nine (99)
residents of the Newport Coast, all of whom signed the petition in support of the
Community Center. A petition opposed to the Community Center was also sent to the
City and it contained nine (9) signatures, all of residents who live in the Tesoro
community.
7. Emails to the City
Approximately eleven (11) emails have been received by the City. Eight (8) are
in favor of the Community Center, while three (3) are opposed.
8. Summary
At its May, 2003 meeting, the Newport Coast Advisory Committee adopted a
comprehensive outreach plan that included:
1. A Town Hall meeting advertised using temporary banners at high
visibility locations in Newport Coast that would be taped for cable
rebroadcast;
2. Presentations to Homeowners Association boards;
3. Submittal of articles for HOA newsletters;
4. Information / display booth at the Newport Coast Shopping Center;
5. Placement of on -site display at Newport Ridge Park site;
6. Placing all available information regarding the Community Center on the
City's website and on the Newport Coast website.
Each element of the outreach has been completed at this point and while there is
some small amount of opposition to the Community Center, the great majority of
comments and contacts with residents of the community indicate that there is a great deal
of support.
HACLIENTUMNCACTinal Community Center subcommittee Report on Public Outreach.doc
f' f
Malkemus, Cathy
From: Kiff, Dave
Sent: Friday, April 21, 2006 1:54 PM
To: City Clerk's Office
Subject: FW: newport coast community center (proposed)
Item #27 correspondence.
From: matt clabaugh [mailto:mattclabaugh @cox.net]
Sent: Friday, April 21, 2006 1:51 PIN
To: Kiff, Dave
Subject: Fwd: newport coast community center (proposed)
This was emailed to City Council members today. matt clabaugh.
Subject: newport coast community center (proposed)
Pagel of 2
To Richard Nichols and the City Council of Newport Beach
Re: Proposed Newport Coast Community Center
Dear Mr. Nichols and all Newport Beach City Council Members:
The proposed new development on the corner of Newport Coast Drive and San
Joaquin Hills Road is dangerous and will result in the deaths of pedestrians and
bicyclists if allowed to proceed as planned.
I have lived in the homeowner community closest to that intersection for over 7
years, and have been a Newport Beach Resident for over 30 years. I walk past that
intersection several times a week. I have witnessed first hand and seen the
aftermath of multiple accidents involving cars and pedestrians, cars and bicyclists,
cars and skateboards, and cars and animals. I have seen hundreds more near - misses
at these intersections, both the fault of busy motorists and overconfident
pedestrians. Traffic signalization has not deterred these accidents.
The recent widening of Newport Coast Drive from the 73 Freeway to San Joaquin
Hills Road, and the raising of the speed limit to 60 miles per hour on that now 6
lane avenue culminates at the proposed development's corner. This is and always
will be the busiest intersection in the area. I understand the dynamics of such a
wide road, designed to move large volumes of car traffic along as fast as
reasonable. These dynamics are not consistent with pedestrian traffic.
Another dynamic, somewhat unique to Newport Coast, is relevant here. I refer here
to the high powered and privileged lives of our residents, and in particular our
population's penchant for pushing the limits by driving fast and expensive cars at
speeds and in manners inconsistent with the safety of pedestrian and bicycle traffic.
The proposed Newport Coast Community Center will promote pedestrian, bicycle
and skateboard type traffic across San Joaquin Hills Road and across Newport
04/21/2006
Page 2 of 2
Coast Drive from residential developments, the shopping center, the Newport Coast
Association clubhouse, and the school. It will encourage elementary school aged
children to cross a 6 lane, 60 mph boulevard both day and night. Motorists
rushing home from work, preoccupied with kids and shopping lists, on their cell
phones, or High from having just inked that big deal, will be crossing these
intersections at the same time — in their big Hummers and fast BMW's.
Without a plan to provide a bridge or tunnel or some other method of crossing these
streets other than on -grade with auto traffic, the cost of this center will include the
life of someone's 6 to 12 year old child, or the life of a recreational bicyclist or
two.
I have spoken with one of the Newport Coast Community Associations board
members about my concerns. He essentially agreed with my conclusions, but was
in favor of the center as planned, replying that, "after of few are killed, they'll
learn. It wont affect me, my kids are grown up and out of the house ".
I urge you to scrutinize this location and this plan with the concerns noted above,
and reject it as presented. If this plan goes forward, will you be the one calling the
relatives of that first little girl's mangled body? What will you say?
Matt Clabaugh
(949) 720 -8426
mattclabaugh@cox.net
M, TPA
Page 1 of 2
Malkemus, Cathy
From: Kiff, Dave
Sent: Friday, April 21, 2006 2:35 PM
To: City Clerk's Office
Subject: FW: NEWPORT COAST COMMUNITY CENTER
More for Item #27
From: William Lightcap [mailto:wlightcap @cox.net]
Sent: Friday, April 21, 2006 2:34 PM
To: Kiff, Dave
Subject: FW: NEWPORT COAST COMMUNITY CENTER
From: William Lightcap [ mailto:wlightcap@cox.net]
Sent: Friday, April 21, 2006 1:48 PM
To: 'tridgeway @city.newport- beach.ca.us'; 'dwebb @city.newport- beach.ca.us'; 'parandigm @aol.com';
'lesliejdaigle @aol.com'; 'nbcouncil @ranichols.info'; 'edselich @adelphia.net; 'curryk @pfm.com'
Subject: NEWPORT COAST COMMUNITY CENTER
Dear Mayor Webb and City Council Members:
I have read with interest the proposed resolutions to be reviewed at the April 25 Council meeting. I have
also read the Staff Report concerning the Community Center.
My family is strongly opposed to the City spending $2.7 million of general funds to complete the shortage
of funding for the Community Center. We are also strongly opposed to the City using the $6 million of
Newport Coast resident's funds that would be returned to the residents if the Center were not built.
This project has been promoted to the City by the NCAC, which represents only a small number of
influential people. They do not represent the residents of Newport Center. I have attended several of
their meetings and voiced objection to the construction of the Center. Other residents have also voiced
their objections. However the NCAC has never taken these opposing views into consideration as they
have moved forward in one direction, that being to use our money to build the Community Center at
whatever cost to us and the City.
The Newport Coast Elementary School PTA board voted unanimously to reject the Community Center,
believing that this project and related traffic was a danger to our school children. Again, the NCAC did
not even respond to this position.
This project was initially promoted only by a few flyers passed out in our local community and an
information table set up at Vans market for a short period of time. Opinions were received at a NCAC
meeting shortly thereafter. The consensus was a split between support and not supporting the Center.
How can the City spend our money on this project without a vote of the community? We have
asked this question on several occasions and never received any response other than "the NCAC is
representing the residents'. This is not true. They are representing only themselves and not the will of
Page 2 of 2
the residents.
Your rejection of the Community Center is strongly urged.
Bill Lightcap
5 Marisol
Newport Coast
04/21/2006
Newport Coast Community Center - Bid Award Page 1 of 3
Malkemus, Cathy
From: Kiff, Dave
Sent: Friday, April 21, 2006 2:55 PM
To: City Clerk's Office
Subject: Item #27 Correspondence
From: Darrin and Sherri Fryer [mailto:dnsfryer @cox.net]
Sent: Friday, April 21, 2006 2:53 PM
To: Kiff, Dave
Subject: Fw: Newport Coast Community Center - Bid Award
- - - -- Original Message - - - --
From: Chris Kwasizur
To: 'Darrin and. Sherri wry _
Sent: Friday, April 21, 2006 11:20 AM
Subject: RE: Newport Coast Community Center - Bid Award
You should send this to the city council before their vote
Chris Kwasizur
Operon Group
4 Upper Newport Plaza, Suite 100
Newport Beach, CA 92660
tel 949 833 -5400 x 112
fax 949 833 -5401
From: Darrin and Sherri Fryer [mailto:dnsfryer @cox.net]
Sent: Friday, April 21, 2006 11:15 AM
To: ckw_.asiz..u. r @operong_ro_up.co_.m; 'William Lightcap'; 'Deborah O'Connor Esq. '; 'Gary & Eugenia Pollard;
'Gerhard Haln'; 'Marc Fanticola '; 'Ming Zhou'; 'Rick & Katie Kalvoda'; 'Tom LeBeau '; 'Lisa Thompson
'Bill Larkin'; 'Matt Clabaugh'; 'Norman Rodich'
Subject: Re: Newport Coast Community Center - Bid Award
We have also been against this project from the start. From our research and petition drive, the majority
of people and communities were not in favor of this project. The NCAC's own research at Pavilion's a few
years ago was also showed the community was not in favor for the project. The NCAC should at least
demonstrate that this project is needed and wanted by those it is intended to service, and partially be
financed by.
The Fryers
----- Original Message - - - --
From: Chris Kwasizur
To: 'William Lightcap' ; 'Darrin & Sherri Fryer' ; 'Deborah O'Connor Esc. ' ; 'Gary & Eugenia Pollard';
' Gerhard Hain'; Marc_Fanticola'; MingZhou , Rlck. &_Katie Kalvoda ,'Tom LeBeau Lisa
Thompson ' ; 'Bill Larkin' , Matt Clabaugh' ; 'Norman Rodich'
Sent: Friday, April 21, 2006 10:52 AM
04/21/2006
Newport Coast Community Center - Bid Award
Subject: RE: Newport Coast Community Center - Bid Award
THIS WAS SENT TO ALL OF THE COUNCIL MEMBERS.
Dear Councilmember
Page 2 of 3
When considering the approval of the bid for Newport Coast Community Center,
please keep in mind that the Center never went before a public vote; it was
"approved" by a small group of unelected individuals whose inadequate
outreach efforts consisted of a few flyers and a table at a grocery store.
Please keep in mind that the funds, if not spent on the Center, would be
returned to the people who are being overcharged for public work bonds
appearing on their property taxes. Please keep in mind that to pay for the
contract you are about to approve you must dip into the general fund to
cover the $2,000,000 budget overruns. This seems fiscally imprudent.
Thank you.
Chris Kwasizur
Operon Group
4 Upper Newport Plaza, Suite 900
Newport Beach, CA 92660
tel 949 833 -5400 x9 92
fax 949 833 -5409
From: William Lightcap [mailto:wlightcap @cox.net]
Sent: Thursday, April 20, 2006 9:46 PM
To: Chris Kwasizur; Darrin & Sherri Fryer ; Deborah O'Connor Esq. ; Gary & Eugenia Pollard; Gerhard
Hain; Marc Fanticola ; Ming Zhou; Rick & Katie Kalvoda; Tom LeBeau ; Lisa Thompson ; Bill Larkin; Matt
Clabaugh; Norman Rodich
Subject: FW: Newport Coast Community Center - Bid Award
You may want to express your views to the City Council before they take their final vote on the
Community Center next Tuesday.
Bill Lightcap
From: Kiff, Dave [mailto:DKiff @city.newport- beach.ca.us]
Sent: Thursday, April 20, 2006 6:05 PM
Subject: [Norton AntiSpam] Newport Coast Community Center - Bid Award
Hello —
Let me first apologize for any cross - postings. The below link shows the staff report to the Newport
Beach City Council for this coming Tuesday, April 25th (7:00 p.m.) that addresses the Newport Coast
11711 6 11111
Newport Coast Community Center - Bid Award Page 3 of 3
Community Center.
When you last left us many months ago, the Council approved the Community Center project — that
included the design, parking plan, and CEQA work. Since that time, we have prepared the Project for
bid. The bids came in and the Council is ready to either award the Project or not. If awarded on
Tuesday night, construction would commence in about a month (late May). Construction would last
about 12 months.
Please review the staff report on the attached (1st) link -- look for Item #27 (towards the end). If you
cannot use the link, Google "City of Newport Beach" then look under "Council Agendas" then "View the
current Council agenda..." then look for the April 25, 2006 Regular Session Agenda and Item #27. If
you would like to pass along your thoughts about the Project and this specific action, you may wish to
communicate with the City Council using e-mail and the City's web page (see 2nd link).
If you have any questions about the Project or any aspect of the Agenda Item's recommended actions,
please do not hesitate to call or e-mail me.
Sincerely,
Dave Kiff
Assistant City Manager
City of Newport Beach
949 - 644 -3002
http:// newportbeach .granicus.com /AgendaViewer.php ?view id =4 &event id =15
http / /www.cty newport- beach.ca.us /citycouncilhtml
04/21/2006
Page 1 of 1
Malkemus, Cathy
From: Kiff, Dave
Sent: Friday, April 21, 2006 3:19 PM
To: City Clerk's Office
Subject: FW: Newport Coast Community Center
From: William Lightcap [mailto:wlightcap @ cox.net]
Sent: Friday, April 21, 2006 3:17 PM
To: Kiff, Dave
Subject: FW: Newport Coast Community Center
From: Katie Kalvoda [ mailto:katie @newportwealth.com]
Sent: Friday, April 21, 2006 3:03 PM
To: ' tridgeway @city.newport- beach.ca.us'; ' dwebb @city.newport- beach.ca.us'; 'parandigm @aol.com';
'lesliejdaigle @aol.com'; 'nbcouncil @ranichols.info'; 'edselich @adelphia.net; 'curryk @pfm.com'
Cc: wlightcap @cox.net
Subject: Newport Coast Community Center
Dear Mayor Webb & City Council Members:
I am writing to urge you to cease the construction of the Newport Coast Community Center. I am
thoroughly disappointed by the manner in which this decision was made. If you respected the American
ideals of government, you would recognize the only fair approach is to take a vote. After all, every
homeowner is personally invested as you will be using funds which would be credited to homeowners
otherwise. It seems un- American to ask residents to pay for a project that (1) may not be necessary or
(2) may not be desired by the community. The facilities you're contemplating may well be a replication of
what residents already have within their own community associations or amenities offered by private
clubs to which residents belong (Two affiliations that, for practical purposes, may not be negotiable). The
ironic thing is that the community lacks open green space, which is exactly what you're taking away.
It is also disheartening to hear that you view this project as an investment of $2.6 million to construct an
$8 -9 million building. That's like saying a stolen car costs $500 in registration fees. You have to be
accountable to the citizens from which you're taking SIX MILLION DOLLARS.
It must be obvious to you that there were clear missteps in the decision making process. What's so
wrong about pausing and taking stock of what you should have done? If your response is impracticality,
you must then consider whether you're faithfully acting in the best interest of residents.
Sincerely,
Katie Kalvoda
Newport Coast, CA
04/21/2006
Page 1 of 1
Brown, Leilani
From: Harkless, LaVonne on behalf of City Clerk's Office
Sent: Monday, April 24, 2006 3:33 PM
To: Brown, Leilani
Subject: FIN: NC Center
From: Kiff, Dave
Sent: Monday, April 24, 2006 1:39 PM
To: City Clerk's Office
Subject: FW: NC Center
From: Chris Kwasizur [mailto:ckwasizur @operongroup.com]
Sent: Monday, April 24, 2006 8:07 AM
To: Kiff, Dave
Subject: NC Center
Dear Councilmember
When considering the approval of the bid for Newport Coast Community Center, please keep
in mind that the Center never went before a public vote; it was "approved" by a small
group of unelected individuals whose inadequate outreach efforts consisted of a few
flyers and a table at a grocery store.
Please keep in mind that the funds, if not spent on the Center, would be returned to the
people who are being overcharged for public work bonds appearing on their property
taxes. Please keep in mind that to pay for the contract you are about to approve you
must dip into the general fund to cover the $2,000,000 budget overruns. This seems
fiscally imprudent.
Thank you.
Chris Kwasizur
Operon Group
4 Upper Newport Plaza, Suite 900
Newport Beach, CA 92660
tel 949 833 -5400 x9 92
fax 949 833 -5409
4/24/2006
Brown, Leilani
From: Kiff, Dave
Sent: Tuesday, April 25, 2006 11:22 AM
To: 'Kathy LeBeau'
Cc: City Clerk's Office
Subject: RE: Newport Coast Community Center
Hi Kathy —
Thanks for your e-mail. I'll pass it along to the City Clerk for the record.
Dave
From: Kathy LeBeau [mailto:kathylebeau @cox.net]
Sent: Tuesday, April 25, 2006 9:24 AM
To: Kiff, Dave
Subject: Newport Coast Community Center
Dave,
I have expressed my opinions to you in the past regarding this issue. However, reading the article in the Daily Pilot
reminded me that this is not a done deal. Both my husband and I oppose the community center. Here are a few of the
reasons.
1. Is it really wanted by the community of Newport Coast? Since the residents were never allowed to vote on the issue,
we don't know.
2. TRAFFIC The speeding on Newport Coast Drive and San Joaquin Hills is already bad enough. I can't see adding
more traffic to an already bad situation better.
3. As a mother of two boys we have enjoyed various activities offered by the City programs. What I do know is that we
need more park and field space. Lincoln and Bonita Cyn fields are jammed packed every day with soccer and baseball.
Why are we taking away field space for a building?
4. Is it really going to be a Community Center or bunch of meeting rooms? Are my boys (age 5 & 7) going to use those
meeting rooms? I doubt it.
5. Give us our tax money back. I would rather have what is left of the seven million refunded to the home owners than
the center.
6. Why do we want to spend 2 million more on something we don't need? Where is that money coming from? Is there
another project that could benefit from 2 million dollars? I am sure the schools could find away to spend it.
Please consider all of these issues when it goes to vote tonight. I would go to the meeeting, but I have one son playing at
Lincoln and another playing at Anderson. I would love it if one of them could play at the Newport Ridge Park!
Kathy LeBeau
20 Tesoro
Newport Coast, CA
949 - 376 -8899
04/25/2006