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HomeMy WebLinkAbout11/14/2006 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 14, 2006 — 7:00 p.m. - 4:00 p.m CLOSED SESSION - 6:10 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Council Member Curry, Council Member Selich, Mayor Pro Tern Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - Mayor Webb E. INVOCATION - Reverend Dr. Dennis Short, Harbor Christian Church and President of Newport -Mesa- Irvine Interfaith Council F. PRESENTATIONS Presentation of Proclamation by. Senator Tom Harman regarding the City's Centennial - Senator Tom Harman presented a Resolution from, the California State Senate congratulating Newport Beach on the City's Centennial. Presentation of the Award of Merit. Received from the California Chapter of the American Planning Association: Newport Beach Local Coastal Program, Coastal Land Use Plan - Planning Director Temple thanked Council, the Planning staff, City staff, and especially Senior Planner Alford who helped produce the LCP. She presented the Mayor with the Award of Merit. Presentation to Outgoing Fire Chief Tim Riley - Mayor Webb presented Fire Chief Riley with a proclamation. Fire Chief Riley expressed his honor for receiving the recognition and for working for the City. City Manager Bludau introduced Fire Chief Lewis who reported that Chief Riley set the excellence for the Fire Department. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Daigle requested that Council revisit the issue of calling up Planning Commission items. Mayor Pro Tem Rosansky indicated that he is working with staff on developing a conference for California cities regarding sober living facilities and regulating those types of facilities. He indicated that he has discussed this with Senator Harman. He requested that staff bring back a Volume 57 - Page 841 City of Newport Beach City Council Minutes November 14, 2006 budget amendment in January or February to cover the cost of the conference. Mayor Webb reported that the OASIS Sailing Association dedicated its second boat, OASIS III. Mayor Webb thanked all the candidates for their efforts in running for office. I. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTION 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF OCTOBER 24, 2006. 1100 -20061 Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. CONTRACTS AND AGREEMENTS 5. BALBOA VILLAGE PHASE III - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3727). [381100 -20061 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; 4) release the Faithful Performance Bond one (1) year after, Council acceptance; and 5) approve a budget amendment (07BA -025) appropriating $40,000 to Account No. 7161- C5200791 and increase revenue estimates by $40,000 representing additional CDBG funding; and appropriating $35,000 from the Unappropriated General Fund balance to 7011- C5200791 to cover the extra costs to the project. 6. BRISTOL STREET NORTH REHABILITATION FROM CAMPUS DRIVE TO JAMBOREE ROAD - AWARD OF CONTRACT (C- 3815). [381100 -20061 1) Approve the plans and specifications; 2) award the contract (C -3815) to All American Asphalt for the total bid price of $537,487 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $53,749 to cover the cost of unforeseen work; and 4) approve a budget amendment (07BA -022) appropriating $58,000 to Account No. 7251 - 05100875 and increasing revenue estimates by $58,000 representing a contribution from the County of Orange for work around the intersection of Bristol Street and Campus Drive. 7. NEWPORT BOULEVARD/HOSPITAL ROAD RIGHT TURN MODIFICATIONS - AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING (C- 3681). [381100 -2006] Approve Amendment No. 4 to Professional Services Agreement with W.G. Zimmerman Engineering, Inc. and authorize the Mayor and the City Clerk to execute the Amendment. 8. PLACENTIA AVENUE AND HOSPITAL ROAD STREET REHABILITATION - AWARD OF CONTRACT. (C- 3801). 1381100 -20061 1) Approve the plans and specifications; 2) award the contract (C -3801) to Sequel Contractors, Inc. for the total bid price of $1,212,300 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $121,230 (10%) to cover the cost of unforeseen work; and 4) approve a budget amendment (07BA -024) in the amount of $231,530 from unappropriated Traffic Congestion Relief Fund to Account No. 7191- C5100860 and increasing revenue estimates by $231,530. 9. JANITORIAL SERVICES FOR BEACH AND PARK RESTROOM FACILITIES (C- 3399). [381100 -2006] Award the Janitorial Services Agreement with A -1 Spinelli in the Volume 57 - Page 842 J. City of Newport Beach City Council Minutes November 14, 2006 amount of $64,400 to provide janitorial services at City park and beach restroom facilities and subsequently approve the budget amendment (07BA -023) in the amount of $14,896 to fund the additional cost over the expiring contract. 10. MEMORANDUM OF AGREEMENT (MOA) - ORANGE COUNTY RIVER PARK (C- 3900). [381100 -2006] Authorize the Mayor to execute a Memorandum of Agreement (MOA) substantially similar to the draft MOA attached to the staff report with the County of Orange and the cities of Huntington Beach and Costa Mesa regarding the Orange Coast River Park. MISCELLANEOUS 11. SANTA ANA RIVER VISION PLAN - ADVISORY COMMITTEE FORMATION [100- 20061 Continue to the November 28, 2006 Council meeting. 12. MAYOR'S APPOINTMENT AND COUNCIL'S CONFIRMATION OF DR. VIRGINIA L. BARRETT AS THE CITY'S REPRESENTATIVE ON THE ORANGE COUNTY VECTOR CONTROL DISTRICT BOARD FOR A FOUR -YEAR TERM. 1100 -2006] Appoint Dr. Barrett to a four -year term on the Orange County Vector Control District Board. 13. UTILITY AND SEWER EASEMENT RESERVATION OVER THE BIRCH STREET PUBLIC RIGHT -0F -WAY IN SANTA ANA HEIGHTS. 1100 -20061 1) Approve a sewer easement reservation requested by the Costa Mesa Sanitary District (CMSD) within the Birch Street public right -of -way; 2) reserve a City utility easement concurrent with the CMSD easement; and 3) direct staff and the City Clerk to proceed with the easements recordation through the Orange County Recorder. 14. ANALYSIS OF POLICE OPERATIONS - JULY 4, 2006. [100 -2006] Review the contents of the report recapping the day's events and provide staff direction on those areas of focus, if any, Council would like brought back for possible implementation prior to July 4, 2007. Motion by Mayor Pro Tem Rosansky to approve the Consent Calendar, except for those items removed (3 & 4), and noting the continuance of Item 11. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols ITEMS REMOVED FROM THE CONSENT CALENDAR 3. ADOPT RESOLUTION FOR THE ADOPTION OF THE ORANGE COUNTY REGIONAL WATER AND WASTEWATER MULTI - HAZARD MITIGATION (HAZMIT) PLAN. [100 -2006] Assistant City Manager Kiff reviewed the staff report and indicated that the plan is on the City's website via a link to the Municipal Water District of Orange County (www.mwdoc.com). Motion by Council Member Curry to adopt Resolution No. 2006 -97 for the adoption of the Orange County Regional Water and Wastewater Multi- Hazard Mitigation Plan, subject to incorporation of comments, if any, by the State Office of Emergency Services and the Federal Emergency Management Agency. Volume 57 - Page 843 City of Newport Beach City Council Minutes November 14, 2006 The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 4. PRELIMINARY DESIGN CONTRACT WITH RABBEN/HERMAN DESIGN FOR MARINA PARK (PARK + MARINA PLAN); RESOLUTION RELATING TO A COMMITTEE ON MARINA PARK DESIGN (C- 3897); AND APPROVAL OF A BUDGET AMENDMENT. [381100 -20061 In response to Council Member Nichols' questions, Council Member Ridgeway indicated that the American Legion will have no net loss of land area, but they will get an increase in parking spaces and dock spaces. He clarified that the western boundary will be moved towards the building and their land will include the park area. He noted that the American Legion strongly supports this plan. He confirmed that there will be outreach after the document is drawn and the concept plans are done, and that this will come back before Council. Mayor Webb pointed out that there will be significant reconstruction of the American Legion dock facilities at the City's expense. He added that the City promised them that there would be no net loss to their boat marina, dry storage area, or locker area. Council Member Selich emphasized that the American Legion will have more permanent parking and overflow parking. Motion by Council Member Ridgeway to 1) authorize the Mayor to execute a professional services agreement (PSA) substantially similar to the PSA attached to the staff report with Rabben/Herman Design for Preliminary Design of the "Park + Marina Plan" at Marina Park; 2) adopt Resolution No. 2006 -98 establishing the Council/Citizens Committee on Marina Park Design; and 3) approve a budget amendment (07BA -026) appropriating $90,000 in funds ($85,000 for PSA and $5,000 for contingency) for Preliminary Design work for the Park + Marina Plan. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols K. PUBLIC HEARINGS 15. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO JB SERVICES. 1100 -20061 Motion by Council Member Ridgeway to adopt Ordinance No. 2006 -23 granting a Non - Exclusive Solid Waste Franchise to JB Services. Mayor Webb opened the public hearing. Hearing no testimony, he closed the public hearing. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols 16. CODE AMENDMENT 2006 -006 - MARINE CHARTER LAND USE AND PARKING REGULATIONS (PA 2006 -194). [100 -20061 Mayor Webb opened the public hearing. Volume 57 - Page 844 City of Newport Beach City Council Minutes November 14, 2006 Senior Planner Alford provided the staff report and noted that staff recommends that potential off -site parking agreements provide 300 foot notifications. In response to Council Member Nichols' questions, City Attorney Clauson indicated that the parking standards are not set by the size of the boat and that the requirement is .75 spaces per slip and another parking space per 25 feet of side -tie. She noted that an off -site parking agreement is only needed when a charter or business cannot provide the required parking onsite. Mayor Webb emphasized that the charter boats need to provide parking for their passengers so the City does not encumber the neighborhood with people. In response to Council Member Ridgeway's question, Senior Planner Alford indicated that the parking requirement is based on occupancy, so a 150 passenger charter boat needs to provide one parking space per three passengers. Hearing no further testimony, Mayor Webb closed the public hearing Motion by Council Member Daigle to introduce Ordinance No. 2006 -24 approving Code Amendment No. 2006 -006 revising land use regulations and parking requirements for marine charters; and pass to second reading on November 28, 2006. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Noes: Council Member Nichols 17. CODE AMENDMENT 2006-005 - GROUP RESIDENTIAL FACILITIES (PA 2006- 198). 1100 -20061 Senior Planner Alford provided the staff report. He reported that the Planning Commission wanted to increase the quantity in the definition; however, staff believed that this would cause a difficulty on the impact, so they recommended using the original definition. In response to Council Member Nichols' questions, Senior Planner Alford indicated that this would not apply to granny units. Mayor Webb opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Ridgeway to introduce Ordinance No. 2006 -25 approving Code Amendment No. 2006 -005 revising regulations relating to Group Residential Facilities; and pass to second reading on November 28, 2006. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle Abstain: Council Member Nichols 18. OUR LADY QUEEN OF ANGELS CHURCH EXPANSION - 2046 & 2100 MAR VISTA DRIVE, USE PERMIT NO. 2005 -090, TRAFFIC STUDY NO. 2006 -002, MITIGATED NEGATIVE DECLARATION (PA2005 -092) - EXPANSION OF EXISTING CHURCH AND SCHOOL FACILITIES BY RELOCATION OF THE CHURCH TO THE ADJACENT PROPERTY LOCATED AT 2100 MAR VISTA DRIVE (PRESENTLY USED BY ST. MARK PRESBYTERIAN CHURCH) AND EXPANSION OF THE SCHOOL WITHIN ITS EXISTING SITE AT 2046 MAR VISTA DRIVE. [100 -20061 Volume 57 - Page 845 City of Newport Beach City Council Minutes November 14, 2006 Council Member Ridgeway recused himself since he owns property adjacent to the church. Senior Planner Ung provided the staff report and noted that a traffic study was conducted and there were two hearings before the Planning Commission. She discussed the parking management plan and the construction phasing plan. She indicated that the Planning Commission found that the implementation of the project would not be detrimental to the neighborhood. She reported that Paul Doremus, representing the Villa Granada Homeowners Association, filed an appeal, and noted that the appellants have not submitted a traffic study or technical report, and they are requesting a continuance. In response to Council Member Daigle's question, Senior Planner Ung confirmed that the traffic study was prepared using the guidelines and standards of the Traffic Phasing Ordinance (TPO) and the California Environmental Quality Act (CEQA). In response to Mayor Webb's questions, Joe Faust of Austin Faust Associates reported that their traffic study involved an onsite circulation study, access study, and parking study. He explained how the project would result in an increase in traffic in the morning, but a decrease during the evening peak hours. He stated that they recommend having an additional drop- off/pick -up lane. He confirmed that they conducted the queuing analysis three times. He noted that the overall total number of seats in the church will be reduced from the current seating capacity of Our Lady Queen of Angels and St. Marks Church, but the church may be able to increase the number of parking spaces onsite by using the athletic field for overflow parking. He indicated that it is recommended that the church create a parking management program. In response to Mayor Pro Tem Rosansky's question, Senior Planner Ung indicated that Council can impose a condition that prohibits the church from reinstating the preschool and daycare. Katherine Johansen, appellant and representative of Villa Granada Homeowners Association, expressed concern for the impact of the project on residents and the community, and believed that this is an opportunity for the City to look at existing problems and how the expansion is going to impact the neighborhood since they already have traffic problems without this project. She believed that the City lacks adequate data analysis and traffic studies to warrant an approval, the negative declaration does not acknowledge existing traffic and parking problems, and the traffic study failed to look at vehicular traffic on Mar Vista and Domingo or impacts of removing or reinstating the bike lane. Further, there is a problem if queuing already exists and there is a need for a parking management plan, and there is a need for traffic monitors. She added that the mitigation measures are not functional or adequate. She believed that, since all the schools in the area are using City streets, any traffic study needs to incorporate the use of City streets without concern for the source of the traffic. She noted that problems are not addressed in the negative declaration or traffic study, and asked why more restricted mitigation measures to reduce the existing traffic problem and reduce the traffic problem as the entities grow are not included. She expressed concern that the City is using funds for a crossing guard and Police to manage traffic flow. She requested that the City postpone approval of the use permit until an Environmental Impact Report (EIR) is conducted that involves a more extensive traffic study. Mr. Faust stated that they looked at the lack of staggering school hours with the high school in the morning and recommended that the start time be more staggered. He noted that the church will be providing 439 spaces when the City's parking code only requires them to provide 390 parking spaces. He emphasized that parking in residential neighborhoods is unacceptable and added that the parking management plan does not include the high school parking spaces. He believed that pedestrian underpasses are a security problem and an Volume 57 - Page 846 City of Newport Beach City Council Minutes November 14, 2006 overpass bridge would be very long since it needs to be Americans with Disabilities Act (ADA) compliant. He noted that students would probably still cross at grade level. Mr. Faust noted that, in a mitigated negative declaration, if you identify a significant impact, it needs to be mitigated. He clarified that the cost of monitoring is paid by the church, not the City. City Attorney Clauson added that, according to CEQA, the church is required to identify the existing conditions and improve any impacts that they cause by their growth, but there is no requirement to look at how that project can improve traffic that's being impacted and caused by other entities. She reported that there's no ability for Council under CEQA to require the church to mitigate and improve traffic that's being caused by someone else. Scott Barnard, Our Lady Queen of Angels Church representative, utilized a PowerPoint presentation to display the project, how traffic is being reduced; vehicle access, church seating, school operations, and the fast stage of the parking management plan. Tony Petros, LSA Principal, discussed the drop -off summary for the church and the Corona del Mar High School senior parking lot and how it is affected if the drop -off intervals were offset. Dennis O'Neil believed that continuing the hearing would be unreasonable and imposes an unfair burden on the church, especially since the appellants have had many opportunities to be heard. He referenced Section 20.95.060 of the Newport Beach Municipal Code and noted that the public hearing should be limited to testimony and evidence that was before the Planning Commission. He reported that the church has been working on this project for almost five years. He added that the project is for a K -8 classroom addition and that they would agree to a condition to not operate a preschool at this facility. Mayor Webb opened the public hearing. Pat Krone requested that Council investigate how this project will add to the traffic problems and not approve it without looking at how this will affect the neighborhood. Donna Custer stated that schools are a necessity and that, with them, come problems. Don Bauers, President of the Eastbluff Apartment Owners Association, stated that he is not opposed to the project, but expressed concern about the traffic problems. Roger Kirwan stated that it does not make sense to defer this project any longer since there are no new facts on the table. Chris Foote, church member and Amigos Way tenant, stated that traffic can be timed and isn't an issue. He believed that it's a benefit to slow traffic down when the students are enteringlexiting the school for safety reasons. Joe Salinas, church member and Amigos Way resident, expressed support for the project and noted that there is another exit onto Domingo. Carol McDermott, church member, commended the way the church has approached the planning and implementation of the project. Mary Niccum stated that she lives behind the church and that it has not taken her more than five minutes to get out of the neighborhood since the intersection is well orchestrated and managed. Volume 57 - Page 847 City of Newport Beach City Council Minutes November 14, 2006 Hearing no further testimony, Mayor Webb closed the public hearing. In response to Council questions, Mr. Faust indicated that red curbing the Domingo intersection would help with sight distance and maneuvering; however, this would take away about five parking spaces. He stated that he does not believe Domingo can be striped for three or four lanes, but may have a left or right turn pocket. Motion by Mayor Pro Tem Rosansky to deny the appeal and uphold and affirm the decision of the Planning Commission by adopting Resolution No. 2006 -99, modify the operational conditions to limit the school to only 600 K -8 students, prohibit having the preschool, and allow the City to look at red curbing a section on Domingo but not requiring this to happen if its not needed. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Daigle, Council Member Nichols 19. BIG CANYON COUNTRY CLUB (PA2006 -160), 1 BIG CANYON DRIVE - GENERAL PLAN AMENDMENT TO INCREASE THE MAXIMUM ALLOWABLE DEVELOPMENT OF SUB -AREA 17 (BIG CANYON COUNTRY CLUB) OF STATISTICAL AREA L -2 OF THE LAND USE ELEMENT OF THE CITY'S GENERAL PLAN TO ALLOW AN ADDITIONAL 10,000 SQUARE FEET OF FLOOR AREA. 1100 -20061 Motion by Mayor Pro Tem Rosansky to continue the item to the January 9, 2007 Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols L. PUBLIC COMMENTS - None M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDA FOR NOVEMBER 2, 2006. 1100 -20061 Planning Director Temple reported on the following Planning Commission items: Newport Bay Marina (PA2001 -210) - 2300 Newport Boulevard; Holiday Inn Express (PA2006 -182) - 2300 West Coast Highway; Planning Director's Use Permit No. 2006 -021 (PA2006 -193) - 2372 Bristol Street, Unit 3; Thirty First Street, LLC (PA2006 -031) - 407, 409, 411 & 413 31st Street; Isla Vista Homes (PA2004 -123) - 1499 and 1515 Monrovia Avenue; and Planning Commission Rules of Procedures. Motion by Council Member Ridgeway to appeal Item 4 (Planning Director's Use Permit No. 2006 -021 (PA2006 -193) - 2372 Bristol Street, Unit 3. The motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway, Council Member Daigle, Council Member Nichols Volume 57 - Page 848 City of Newport Beach City Council Minutes November 14, 2006 21. PLANNING COMMISSION AGENDA FOR NOVEMBER 16, 2006. [100 -2006] - No action taken. O. CURRENT BUSINESS 22. PELICAN HILLS RESORT - EXTENSION OF ROAD CLOSURE OF PELICAN HILLS ROAD SOUTH. [100 -2006] Public Works Director Badum utilized a PowerPoint presentation to highlight the history of the project and some of the . conditions. He indicated that The Irvine Company has requested an extension of the closure to September 2008, their expected completion date. He discussed the neighborhood's concerns relative to emergency access, potential for increased traffic accidents, travel time inconvenience, and environmental issues. He reported that the Police and Fire Departments believe that the extension would not increase emergency response times if certain conditions . were imposed. He discussed the Pelican Hills Road/Newport Coast Drive intersection and stated that no accidents have occurred that are attributed to the closure. He noted that the City is preparing to look at that intersection in the future to see if safety improvements can be performed since construction trucks have had difficulty there. He reviewed the conclusions and conditions of approval outlined in the PowerPoint presentation. He added that the configuration of the Montecito entrance at the Pelican Hills Road/Newport Coast Drive intersection does pose ingress and egress problems for those residents, but is not related to the project. He reported that staff recommends extending the closure to September 2007 with the provision that the closure be reviewed by Council and that the conditions of approval be implemented. City Manager Bludau reiterated that staff recommends extending the closure to 2007, even though construction is anticipated to be completed in 2008. Public Works Director Badum explained that the parking structures will be completed by September 2007 so The Irvine Company can utilize them for construction workers. In response to Council questions, Public Works Director Badum reported that the guard does not allow the public on the road. He stated that there would only be less than a five minute difference in travel time from the southerly exit to the back of Pelican Hills Road compared to using the construction area. He pointed out that, with the new construction, there will be two more signals. Regarding the Fire Marshal's recommendations, he confirmed that the steps were implemented today. Chris Marsh, The Irvine Company Project Executive, discussed the 128 acre Pelican Hill Resort Project and the golf course, hotel, and residential components. He utilized a PowerPoint presentation to provide a construction update and displayed the ongoing infrastructure and street improvement work to Pelican Hill Road South. He discussed the site personnel estimates which will total 1,500 from 2007 to September 2008. He addressed emergency access concerns and noted that all the conditions of approval have been implemented. He stated that they want to continue the road closure due to public safety reasons, to guarantee that there is no construction traffic on Pelican Hills Road North, and to have a more expeditious construction schedule. He displayed reasons why opening the road would not be a good idea. In response to Council questions, Mr. Marsh confirmed that there are no plans for any gates that would bar access to the road, they do not plan to create cul de sacs, nor have any privatization. He confirmed that they will continue implementing the Fire Marshal's recommendations for as long as the road is closed. He indicated that foundation work is estimated to be complete in March 2007, major lumber delivery will be finished around September 2007, and the structural street section must be in place before any lumber can be dropped onsite. He agreed that, once this is done, they have the ability to park people off of Volume 57 - Page 849 City of Newport Beach City Council Minutes November 14, 2006 the main street. He noted that backup occurs when dirt is being taken offsite, but they put flagmen on the street during these times. Public Works Director Badum reported that the signal is fully functional for egress and that the stackup down the hill is an issue, but they don't anticipate this occurring too often in the next part of the project. Mr. Marsh confirmed that there will be 332 units (204 hotel rooms and 128 residential components) which is within their entitlement. Dan Miller, The Irvine Company, clarified that the residential units will be tied to the hotel and will not be permanent residences. Regarding cul de sacs, he noted that some residents wanted this, but The Irvine Company and the Board of Supervisors wanted the road to remain open. Jim McGee noted the residents' concern about what would happen if there was a large scale emergency. He referenced a letter from Fire Marshal Bunting to the City Manager regarding the condition of the road. He noted an incident in which medical personnel could not get through the gate during an emergency. He read the mitigating conditions from the County when the EIR was issued and believed that the road closure should have prompted another traffic study and possibly an amendment to the EIR. He stated that the Newport Coast Community Association represents 1,800 homes and voted to request that Council open the road and not extend the closure. Nelson Chung provided a handout and displayed photos from the 1993 fire, the 20 foot fire access, the 25 foot curb -to -curb distance when it should be 28 feet, equipment and dumpsters along the roadway, the blocked northbound entry, and the 13 foot wide entry. He referenced a letter from The Irvine Company that acknowledges that there is a problem with the EIR and that both sides of the street will be used for parking. He noted that the Pelican Hills, Pelican Crest, and Montecito neighborhoods are about 1.8 miles and expressed concern about the emergency response time if the secondary access is not open. Marcy Weinstein stated that they are concerned about safety, not convenience, and questioned whether the City can legally prohibit them from using their own road. She noted that none of their personal projects would be allowed to close streets. She stated that the golf course will be open this spring or summer and believed that the road should be open for their safety first. In response to Council Member Ridgeway's questions, Ms. Weinstein indicated that there has been no indication that marked fire lanes are needed in their neighborhood since a fire truck has been able to drive through. Richard DiMergian requested that the road be opened as soon as possible and presented Council with a petition. He questioned why the road is still closed since the permit expired on September 1. He noted that The Irvine Company's website indicates that the businesses will be open late 2007 and asked why the road is not open if people can visit the resort. Dennis Contangent stated that he assisted with getting signatures for the petition and emphasized that Pelican Crest does not want the road closed any longer. Robert Marshall believed that not much more is needed to make the roads passable for the residents and that the residents should be able to have a choice of ingress and egress. Sherry Dialnas expressed concern with all the construction vehicles on the road and limiting the residents to one access. She indicated that she prefers to have a flagman on the road to direct traffic. Gary Wright asked whether the 300 acre golf course could be used for parking spaces for the Volume 57 - Page 850 City of Newport Beach City Council Minutes November 14, 2006 staging equipment and also as ingress/egress points for construction vehicles so the roadway could be opened. Anita Meister -Boyd stated that she would not be able to close her street to work on her house. She noted that The Irvine Company is a private enterprise that has taken public property and asked how the public is being compensated. Jenny Tao stated that, if the only road is closed, ambulances cannot get through which could cause a five minute delay in response time. Council Member Curry stated that he attended the September 20 workshop and that today's action must require the safety conditions that the Fire Marshal imposed. He indicated that it is unacceptable to request a two year extension when the residents only allowed the road to be closed for nine months. He believed that it is unfair to ask the residents to shoulder the inconvenience of the closure. He stated that he felt that the road could be safely opened May 1, 2007. He emphasized that fire and paramedic apparatus should have safe access to the road today. Motion by Council Member-Curry to allow the extension to no later than May 1, 2007; require The Irvine Company to provide monthly updates that will be posted on the City's website relative to the progress of the bridge and infrastructure; require all the safety conditions; and provide a clear statement from The Irvine Company and the City that this road will remain a public street and not be cul de sac'd, privatized, or gated. Fire Marshal Bunting stated that he conducted a surprise inspection today and was able to drive 30 mph without obstruction. He discussed the safety conditions that were imposed. He indicated that the roadway is available for the residents to evacuate if necessary and that the gate is closed but not locked. He stated that he would prefer to have gates on both sides of the road. Amended motion by Council Member Curry to include a provision to have gates on both sides of the road. Lt. Shulman stated that the Police Department doesn't have the same issues that the Fire Department has relative to the entrance to the community since their vehicles are smaller. He agreed that there would be adequate evacuation measures if the gates were opened on both ends. He stated that their main concern deals with the co- mingling of construction and resident traffic. He expressed concern that a lot of construction vehicles do not have the same type of safety equipment as regular vehicles, even though they will be transiting the road regularly. He stated that enforcing construction speed limits if non - construction vehicles are on the roadway is not an issue. He reported that it is hard to put a date on when it is safe for the roads to open, but The Irvine Company is willing to have update meetings to review the progress. He indicated that it will be obvious for the gate keeper to know that something is happening when he sees flashing lights and hears sirens; however, having a phone system mounted to the guard area would be helpful. Fire Marshal Bunting noted that the gate guard told him that he knows to open the gates when he hears sirens. Regarding the incident in which the paramedic was rerouted, Fire Marshal Bunting stated that this occurred before the implementation of a gate guard and that the crew was manning the station to allow the Newport Coast station to attend a class. He indicated that the crew was not familiar with the area and the Captain made a decision to go around the construction area. He reported that there was no delay in patient care since the Corona del Mar station arrived at the scene first and that this is not an issue any longer because it is now a manned gate. Volume 57 - Page 851 City of Newport Beach City Council Minutes November 14, 2006 In response to Council questions, Fire Marshal Bunting confirmed that, effective this afternoon, the road is open for unimpeded emergency vehicle access. He added that, if evacuation is necessary, they can use the road to go downhill. He agreed with Lt. Shulman that there is a lot of construction traffic and there could be serious accidents if non - construction traffic were allowed. Council Member Curry believed that waiting will serve the community and agreed that traversing the road during construction will be diffi cult. He noted that the motion will also end up increasing traffic on Pelican Hills North. Substitute motion by Council Member Nichols to operate in accordance with the Fire Department and Police Department conditions, that the road be opened, and that communication be available with the guard gate. The motion died for lack of a second. The amended motion carried by the following roll call vote: Ayes: Council Member Curry, Council Member Selich, Mayor Pro Tem Rosansky, Mayor Webb, Council Member Ridgeway Noes: Council Member Daigle, Council Member Nichols P. MOTION FOR RECONSIDERATION - None Q. ADJOURNMENT -11:03 p.m. City Clerk - l `' b�Vpo--� Recording Secretary 0a— Mayor Volume 57 - Page 852