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HomeMy WebLinkAbout02 - Minutes - 08-24-2004City Council Meeting September 14, 2004 Agenda Item No. 2 CITY OF NEWPORT BEACH City Council Minutes Study Session August 24, 2004 - 4:30 p.m. ROLL CALL Present: Heffernan, Rosansky. Adams, Bromberg, Webb. Nichols (arrived late), Mayor Ridgeway Absent: None CURRENT BUSINESS L CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR — None. 2. STATUS REPORT ON TRAFFIC FLOW OPTIMIZATION PROJECT City Manager Bludau reported that this was one of staffs top ten priorities last fiscal year and they wanted to come back to Council after they had time to make minor adjustments. Transportation /Development Services Manager Edmonston stated that this was one of the most expensive projects that Traffic /Engineering has been involved in and one of the more exciting projects. He indicated that they started with a goal of improving traffic signal timing: however, as they got into developing the request for proposal, they realized that the City had a number of other needs. He stated that the City's system is 20 years old and it is getting harder to support A physically. He added that a lot of the City's signals are controlled by Caltrans. they use a different system, and there are problems interfacing the two systems. He reported that they are looking into changes in order to get ready for the nest generation of equipment and software. He stated that they put together a comprehensive program and solicited proposals from most of the major firms in Southern California that had expertise in this area. He reported that they selected Nlever. Alohaddes Associates because they have a range of expertise to draw from. brought in people from outside the area. and provided training for City staff that will last the City a long time and minimize the need for significant consultant involvement in the future. He introduced Ramin Alassoumi and Abbas Alohaddes of ?\'lever. Mohaddes Associates. Mr. Edmonston noted that. they are not done with the project but expect to be done by the end of the calendar year. .Abbas Mohaddes, Meyer. A7ohaddes Associates. acknowledged the work that City staff has done. He noted that the primary focus was on signal timing which involved looking at 125 signalized intersections and conducting a technology review. He utilized a PowerPoint presentation to show the intersections they looked at. He added that new timing plans have been prepared for all the intersections and noted that over 63 of the intersections have been field implemented and fine tuned. He reported that much of their time was spent out in the field with City staff. He stated that they purchased a couple of GPS clocks for S700 each to synchronize intersections and utilized one of them at the Coast Highway /Jamboree intersection. Ramin Massoumi. Aleyer, Mohaddes Associates, displayed simulations of how Coast Highway /Jamboree were interacting with Coast Highway/Back Bay Drive Volume 56 - Page 1156 INDEX (100 -2001) City o£ Newport Beach Studs Session Minutes August 24, 4004 INDEX before implementing the program. He emphasized that pedestrian and bicycle activities take precedence over vehicles. He added that the clock is currently set to operate during morning and midday peaks and confirmed that there are multiple sensors at each of the intersections. Mr. Mohaddes reported that Coast Highway/Jamboree is an example of a well- designed intersection that just needed good coordination. Regarding technology, Mr. Mohaddes stated that thea looked at .chat kinds of thing:; needed to be done to operate the traffic signal system. He indicated that they looked at the City's system as it related to hardware, software; and communication equipment. He reported that communication is a key component to the system and noted that City staff has been working with the MIS division to come up with ways to help the different departments support future communication needs at the intersections and at the traffic management center in order to respond effectively. 'Mr. Mohaddes displayed the proposed traffic manaement center and stated that it could be created at a low cost. Mr. Mohaddes confirmed for Mayor Pro Tern Adams that there would be closed circuit televisions and that the monitors would display real time images at intersections. He added that the other televisions at various locations would be centralized and viewed via the monitors. He reported that a City, map could also be put in so they could look at various attributes of the signals. He believed that this a_lows staff to monitor traffic operations so they could respond effectively. He also displayed the integrated Nvork stations in which staff would still be able to conduct its regular business. He stated that they envision the traffic management center to be about 600 square feet. Mr. Mohaddes reported that another task was to look at I1 critical intersections to see what enhancements could be done to respond to congestion, safety, and traffic demands. He stated that they looked at enhancing visibility, improving the geometry. utilizing energy saving opportunities, putting in a different type of signal hit.; looking at the regulatory criteria to see if some of the intersections need to be brought up to code, relocating an advanced loop detector, and improving signing and striping. Mr. Mohaddes reported that they also generated a draft information brochure. He requested suggestions or comments from Council so they could incorporate it into the plan and stated that they would then work with staff to finalize the recommendation. He reported that they will propose to do detail work on some of the key elements of the project, secure funding, and then the C:.ty could proceed with design and construction. He emphasized that a majority of the signal timing plan has already been implemented and staff has received complimentary comments from citizens about the implementation. Council Member Rosansky asked if the videos will be used to record information for later use or if it is just to see what is happening at the intersection. Mr. Mohaddes reported that they will be showing the intersections live for traffic operational uses. He added that they have dealt with agencies; like police departments, who use the data, but stated that Southern California uses it just for traffic operations. In response to Council Member Webb's question, Mr. Mohaddess stated that they were directed to look at signals such as Campus/Jamboree which are near the airport and operated by the City of Irvine. He indicated that the traffic signals in that area were identified as "blue" so they came up with signal timing for those intersections. Volume 56 - Page 1157 City of Newport Beach Study Session Minutes August 24, 2004 INDEX Citt• Manager Bludau asked about peak hour traffic. Ir. Mohaddes stated that they calculated critical movement and divided traffic based on the general traffic volume. He indicated that they also looked at the movement at peak periods. He stated that, if there is a peak period direction. that particular direction gets a higher priority for movement. In response to Mayor Ridgeway s questions, Mr. Mohaddes reported that the City has 92 traffic signals and 33 Caltrans signals. He noted that Caltrans is about to relinquish some of its signals to the City. He confirmed that he studied every traffic signal in the City. Mr. Edmonston added that a firm conducted a,m. and p.m. peak hour counts at all the intersections. Further. they counted during the midday at selected, typical intersections to give them an idea about midday flow. He stated that all the information is entered into a computer model which kno�Ns where heavy flows of traffic are. He noted that this is how preferences are assigned. Council 'viomber Nichols asked if they count algorithms. Mr. Dohaddes stated that they use software tool: that get into the algorithms of vehicular speed, rate of the intersection, and a variety of other attributes. He confirmed that the timing is set ahead of time and then iterations are made after. He added that the timing is typically based on the initial counts that were taken during the various times of day. He noted that the fine tuning is done by people so it fits the demand and not done automatically through software. Mayor Pro Tom Adams stated that he initiated this project and thanked staff for the update. He asked if there will be a final report or documentation to wrap up the project. Mr. Edmonston stated that this will he an ongoing effort and they did not plan on generating more documentation, other than the brochure Mr. Mohaddesa mentioned. He reported that, before the end of the year, they hope to identify the first phase of improvements so they could seek competitive funding through the OCTA process. Further, there is some money in this year's budget, but they may be able to leverage this with grants. Mr. Mohaddes added that they Put together a draft recommended activity for City staff that articulates the specifics of the improvements and the cost range for the improvements. Mayor Pro Tern Adams asked if there was a way to quantify some of the improvements. '\4r. Mohaddes reported that generating something with travel time benefits. overall stop and delay reductions, etc. was not part of their scope of work. However, he stated that they could make an estimation without. doing a detailed study. Mayor Pro Tom Adams believed that there may be value in doing a report so Council could get a feel for what has been achieved. Mr. Mohaddes stated that they could use the model to come up with estimates to show the percentage of improvement. D4r. Edmonston reported that the consultants brought in their staff who were familiar with the City's equipment, as well as the software needed to move forward. He stated that City staff received six hours of training over a two day period. both in the classroom and out in the field. He noted that the City also went to Caltrans before they started this project to inform them about what it was doing in the hopes that they were interested in the information that was developed. He stated that t.hec were very interested and devoted a lot of their staffs time to helping the City implement this. Volume 56 - Page 1158 City of Nev port Beach Study Sess:.on Minutes August 24, 2004 Uouric,l Alember Nichols stated that they are beginning to see more traffic for longer periods through old Corona del Mar. He asked ghat the model shows in this case. Mr. Mohaddes reported that the model responds to the demand and shows cycle failures. Mr. Mohaddes agreed that their recommendation would be to change the sofrivare, hardware, and the City's 20 year old system. However, he recommended doing this in phases because the current system still has value. He believed that the cost to change the controllers, except for the communication component, would be $800,000 to $500,000, and that another $200,000 to $300,000 would be needed for equipment at Citv Hall. He added that there would be an additional cost of S1 million to $1.2 million associated with the Traffic Operation Center (TOC), but not.ec. that this includes the Caltrans signals. Council Member Rosansky asked what happens if these devices are installed and Caltrans does not want them. Mr. Mohaddes stated that he does not believe this would degrade the value of the investment, but just means that better coordination will need to take place. He stated that they have worked with agencies that have installed a similar system as the City's but after the City installed their system. and they have ah eadp transitioned to another system. He also indicated that. of the very few agencies with the same s }-stem in operation. they have all done some upgrading. He stated that the life of the controller is about 10 to 15 tears. Mr. Edmonston reported that their budget is about 5140.000 a year and about half of that is used on Caltrans signals for maintenance and electrical bills. He clarified that electrical bills for City signals are paid out of the utilities budget. He emphasized that there is only one -staff member that understands how the current system and software is supposed to work. 3. CITY COUNCIL ETHICS POLICY. Acting City Attorney Clauson noted that Council Member Heffernan requested this item. Council Member Heffernan stated that this xvas discussed in June and Mr. Burnham worked on this before he retired. He stated that he is proposing that Council conduct a study session once a Bear that deals with the current conflict of interest, ethic, rules, and obligations under the Political Reform Act. He noted that this would also apply to boards and commissions. He reported that the City Attorney is supposed to investigate potential conflict of interests, but noted that the Cit ;*v Attorney is an at -will employee, He indicated that this could be dealt with by having the member who reports the conflict of interest recuse himself from participating. He reported that the City of Mountain View has a code of ethics that each council member signs at reorganization. He noted that. the City of Los Angeles has an ethics commission and a detailed ethics ordinance. He suggested haying each Council Member and any appointed member on a board or commission sign an ethics code stating that this is how business will be conducted while they are an elected or appointed official in the City of Newport Beach. Actin€ City Attorney Clauson noted that a preamble /summary statement of the 15 page Mountain View policy was attached to the staff report. She added that 9lount.ain View's policy reflects State laws but they have also adopted an ethics policy which reflects what they believe is the basic tenant of public service. She indicated that Council can create a policy that only deals with procedures in the State' conflict. of interest laws or expand it to include a code of ethics. Volume 56 - Page 1159 INDEX (100 -2004) City of Newport Beach d Stuy Session Minutes August 24, 2004 INDEX Council Member Bromberg stated that they try very hard to abide by the code that government should be transparent. He indicated that he supports haying a stud} session once a year to go over rules and issues. Further, he would support Council ?\lember Heffernan's suggestion to have a police to anahze agenda items for conflicts of interest. Regarding Mountain View's policy, he pointed out that most of the items are already existing law or are part of the City's charter or policy. He believed that the City does not need more than it already has now. However, if there were to be a polic}, he indicated that he liked ?\fountain \dew's policy regarding briefing council candidates about what conflict of interests are, confidential information, representation of private interests, implementation, and compliance and enforcement. Mayor Ridgeway stated that he does not have a problem with reviewing the Political Reform Act, the Fair Political Practices Commission (FPPC) rules, and the Brown Act on an annual basis because it is complicated and changes, but anything beyond that is redundant. He indicated that he reviewed Mountain View's policy and even questioned the items Council Member Bromberg liked. He stated that Laguna Beach City Attorney. Phil Bohn, does a good job educating Council on these issues. He stated that this might be good for new Council Members or appointed members on boards and commissions, but noted that the City has a hard enough time getting people to contribute time and effort. He agreed that this Council is very transparent and added that he has not seen any issues while on the Planning Commission or on Council. Mayor Ridgeway added that the League of California Cities puts on educational classes for newly elected and appointed officials. Council :Member Bromberg agreed that there needs to be some type of review process in case an investigation has to be conducted since the City Attorney indicated that it should not be done b'v the City Attorney. He suggested haying a policy or leaving it up to the Citv Attorney's discretion to decide if an investigation is necessary or appropriate, but not have the investigation done in- house. Council 'Member Nichols stated that he is finding it difficult to come up to speed on some of the topics in the City. He noted that. if you are on the majority. You get appointed to committees that discuss topics ahead of time and sometimes multiple times. He pointed out that Council Members aren't supposed to attend hearings because there would be a majority in attendance. He added that the item then goes to Council and you're supposed to make an informed decision because it's been to multiple hearings. Mayor Pro Tern Adams clarified that the Brown Act does not preclude a Council Member from attending meetings; however, the Council Member cannot interact or participate. Council '.Member Nichols asked how someone determines which Council Member is on the committee or is just there to listen. Acting City Attorney Clausen stated that Council Member Nichols' questions are examples of why generating a policy that accurately reflects what can and cannot be done may be beneficial. However, she agreed that this is already the C1ty's practice in most cases. She stated that. for new board or commission members. staff or the City Attorne }''s office meets with them ahead of time and encourages them to let the City Attorney's office know in advance if they think they have a conflict of interest. She indicated that it might be helpful to merge all the policies together in one conflict of interest policy that is more reflective of existing law, and have an annual update on any changes in lays or significant decisions. Mayor Ridgeway believed that Council Member Nichols' issue dealt with the Volume 56 - Page 1160 City - of Newport Beach Study Session Minutes August 24, 2004 INDEX dissemination of information and not ethics. tie emphasized that a Uouncil Member can get more information from the staff person assigned to the committee or they can wait until it comes before Council. Council Member Webb noted that everyone is agreeing that it might be good to have a review once a year. He indicated that the details of the Brown Act and Political Reform .Act are complex and there should be au instruction manual at the time of the annual review that doesn't tr' to explain every item. He added that it can also be handed out to board and commission members. Coun it Member Rosansky agreed that an annual update is a good idea: however. added that he would like to be made aware of major changes or cases as they arise. Coun_il Member Heffernan asked what happens if a Council Member is thinking of buffing a commercial property and quizzes staff about the property relative to potential approvals or background. Acting City Attorney Clausen believed that this type of direct question isn't handled in any of the current conflict of interest laws or guidelines, except to the extent that there is the prohibition of making or participating in a decision in which you have a financial interest. She added that she dxs not believe that State regulations deal with potential financial interests or being in a position to gain information in advance. She noted that there are prohibitions in the City's charter about Council Members directing staff or dealing with staff for purposes of inquiry. She added that all other questions need to go t.hrou h the City 'Manager. City Manager Bludau added that staff meets with members of the public if they have inquiries about what they can do with a specific piece of property and this same information would be provided regardless if the person was a Council l\Iember or not. Council Member Nichols asked whether it is a violation of the Brown Act when a Council Member sends an email to the City Manager with copies to other Council Members. Acting City Attorney Clauson pointed out that this agenda item deals with conflicts of interest. She stated that Council 1\'Iember Nichols is raising questions about the Brown Act and whether getting into a series of communications with Council Members for the purpose of developing a collective concu::rence on an item is a violation. She indicated that. in most cases, a single correspondence requesting information for purposes of a future meeting will not qualif' :- as a violation of the Brown Act. City Manager Bludau added that a lot of communication takes place between Council and the City Manager or City Attorney. However, it would be a violation of the City charter if he was given direction to do something by a Council Member outside of a meeting. He clarified that communication with each other is not a violation of the Brown Act. :Mayor Pro Tem Adams stated that. whenever a constituent call: him, he puts the issue in an email to the City Manager to be addressed and he copies the City Council as a courtesy so they know he sent something to the City Manager. He added that. if an item in an email is deemed worthy of discussion, it should be brought up at the next Council meeting. Laura Dietz. Corona del 'Mar, stated that the basic principal of the ethics policy is full disclosure. She suggested using scenarios relative to the various codes and laws sD it is more understandable. She added that it is a good idea to review this once a year and to have staff keep Council up -to -date. City Manager Bludau clarified that the action is to have an annual study session that the boards and commissions would also be invited to. Further, Acting City Volume 56 -Page 1161 Cite of Newport Beach Study Session Minutes August 24, 2004 Attorney Clauson will look at compiling State law and other regulations that might already be on the books. Acting Cite Attorney Clauson believed that Council desires some sort of policy that would reflect the current. policies and practices. She noted that the policy would not. necessarily reflect all the State laws: but the procedures or processes for complying with them. Mayor Ridgeway indicated that he does not believe that there was direction to create a policy. Acting City Attorney Clauson received clarification to have an annual review with a staff report that. summarizes everything that ryas discussed because it. is a good reminder and to include a list of the different filing documentation that need to be submitted. Council Member Bromberg added that something needs to address how investigations will be handled. Mayor Pro Tem Adams believed that investigations are deserving of a Council policy. It was the consensus of Council that the policy should encompass Council, boards and commissions, and staff. Acting City Attorney Clauson stated that, as part of the annual review, a listing of the enforcing agencies for the different violation., can be included. Dolores Otting, Newport Beach, believed that something should come back and be reviewed in order to make sure it is what Council wanted. PUBLIC COMMENTS - Done. ADJOURNMENT - at 5:55 p.m. to Closed Session. The agenda for the Study Session was posted on August 18, 2004, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The amended agenda for the Study Session was posted on August 20, 2004, at 3:00 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 1162 INDEX City of Newport Beach Study Session Minutes August 24, 2004 INDEX THIS PAGE LEFT BLANK INTENTIONALLY. Volume 56 - Page 1163 CITY OF NEWPORT BEACH City Council Minutes DRAFT Regular Meeting August 24, 2004 - 7:00 p.m. INDEX STUDY SESSION - 4:30 p.m. CLOSED SESSION - 6:00 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan. Rosansky, Adams. Bromberg, Webb, Nichols, Mayor Ridgeway Absent: None C. CLOSED SESSION REPORT - None D. PLEDGE OF ALLEGIANCE - \flavor Pro Tern Adana E. INVOCATION - Pastor Kerry- Beaulieu, Our Lady Queen of Angels Church F. PRESENTATIONS Lifeguard Check Presentation. Peggy Fort. representing the Duda Family Foundation and its new community giving program, presented a check in the amount of 52,500 to the Lifeguards Association. She stated that the motcy' was raised from a portion of the ticket sales from the Sunday Morning Surf Series at the Lido Theater. Cultural Arts Grant Awards. David Colley. Citv Arts Commission Chair, acknowledged the other City- Arts Commissioners in the attendance at the meeting. They included Kirwan Rockefeller, Wendy Brooks, Carol Stareev ic, Arlene Cartozian and Kathy Harrison. With the assistance of Mayor Ridgeway, Mr. Colley presented grants totaling $40,000 to twelve different arts organizations, all benefiting the citizens of Newport Beach. \fav'or Ridgeway thanked the City Arts Commission for the work that they do. Proclamation for Inner Coastal Cleanup Day. Mayor Ridgeway read the proclamation proclaiming September 18. 2004, as hoer- Coastal Cleanup Day. Presentation by Newport Ocean Sailing Association (NOSA). Paul DeCapua, NOSA Commodore, acknowledged Jane Benson, Vice Commodore of NOSH, in attendance at the meeting. A4r. DeCapua presented the City Council with an appreciation plaque for its support of the 2004 Newport to Ensenada Volume 56 - Page 1164 City - of Ne% +'port. Beach City Council Minutes August 24.::004 INDEX Yacht Race and the events leading up to the race. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MENIBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): • Council Member Bromberg congratulated City Clerk Harkless on her recent accomplishment in receiving the Master Municipal Clerk (AIMC) designation. • Mayor Pro Tem Adams requested that the Council's appointee to the Orange County Vector Control District Board of Trustees address the City Council at a future meeting to provide an update on the West Nile Virus issue. • Mayor Pro Tem Adams announced that the Corona del Mar Traffic Mitigation Committee is still active and that progress is being made. • Council Member Rosansky requested that staff prepare a report on the progress of the Sunset Ridge Park development. He specificalh- requested that the report include information on the status of the project, the status of the funding, the progress of an operating agreement or lease for the property with the State Parks Department, and the status of the smaller parcel to the east of Superior Avenue. • Council Member Heffernan volunteered to take Mavor Pro Tem Adams place on the Corona del Mar Traffic Mitigation Committee until his successor is appointed. • Council Member Heffernan requested a report by the September 28. 2004, Cite Council meeting on the final lease terms of the Marinapark site. as well as background on Sutherland - Talla. He specificalh requested that this information include their business background, financial resources; other business interests, and financing options for the project. I. QO Ln -,ENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 10. 2004. Waive reading of subject minutes, approve as written and order filed. ?\Mayor Pro Tem Adams and Council Member Heffernan abstained from voting on this item. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration. and direct Cite Clerk to read by title only. Volume 56 - Page 1165 City of Newport Beach Cite Council Minutes August 24, 2004 INDEX RESOLUTIONS FOR ADOPTION 3. A«'ARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION Solid Waste FRANCHISE TO DIRECT DISPOSAL, INC. 1) Adopt Resolution of Franchise Intention No. 2004 -76 to award a Non - exclusive Solid Waste Franchise to (42 /100 -2004) Direct Disposal. Inc. and to schedule a public hearing for September 11, 2004; and 2) introduce Ordinance No. 2001 -17 granting a Non - exclusive Solid Waste Franchise to Direct Disposal. Inc. and pass to second reading on September 14, 2004. 4. PARS ACCUMULATED LEAVE CONVERSION PROGRAM. Adopt. (100 -2004) Resolution No. 2004 -77 to provide an Accumulated Leave Conversion Program to eligible employees with PARS (Phase II) effective July 1. 2004. 5. RESOLUTION SUPPORTING THE M_WRINE LIFE PROTECTION (100 -2004) ACT. Adopt Resolution No. 2004 -78 asking the State to pursue further implementation of the :Marine Life Protection Act in Southern California. CONTRACTS AND AGREE3IFNTS 6. CONTRACT «7TH FORMER CITY ATTORNEY (C- 3725). :Approve C -3725 Temp. and authorise the City Manager to sign the proposed Temporary Employment. Employment Agreement with Robert Burnham. (38/100 -03004) 7. PIPELINE MASTER PLAN REPLACEMENT PROJECT — C- 3644 SEASHORE DRIVE BETWEEN 34TH STREET TO CEDAR STREET Pipeline'\Iaster AND OCEAN FRONT ALLEY BETVEEN 23RD STREET TO 32X0 Plan STREET — AWARD OF CONTRACT (C- 3644). 1) Determine that the Replacement project is exempt from environmental review pursuant to Section 15302 Project of the California Environmental Qualit'v Act Implementing Guideline (3.S /100 - 2004) 2) approve the plans and specifications; 3) award the contract (C -0644) to \Majich Brothers, Inc. for the total bid price of 41,045,900 and authorize the Mayo• and the City Clerk to execute the contract; and 4) establish an amount of $101.000 to cover the cost of unforeseen work. S. MEMORANDA OF UNDERSTANDING WITH NEWPORT BEACH C -3059 CITY EMPLOYEES ASSOCIATION (C- 2,059), NEWPORT BEACH C -2065 EMPLOYEES LEAGUE (C -2065) AND NEWPORT BEACH C -2051 PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION Employee MOU's (C- 2051). Approve one -year Memoranda of Understanding with non- (38/100 -3004) safety employee associations. MISCELLANEOUS ACTIONS 9. G -6 POLICY CHANGES. Approve recisions to G -6 Policy (Maintenance (100 - 2004) and Planting of Parkway Trees). 10. PROPOSED CITY COUNCIL POLICY. L -25: DECORATIVE 1100 - :3004) ALLEY PAVEMENT PROGRAM. 1) Adopt City Council Police L -25 — Dewratice Alley Pavement Prog am; and 2) adopt, City- STD -199 -L — Volume 56 - Page 1166 City of'Nev port Beach City Council Minutes August 24. 2004 lnterlockmg Concrete Faver .alley Pavement. 11. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Confirm Council Member Rosansky's appointment of Matthew Wiley as the District 2 representative to EQAC. 12. TELECOMMUNICATIONS FACILITY PERMIT NO. 2003 -003 (PA2003 -255) (contd. from 5/11/04, 6/8/04, 7/13/04 & 7/27/04). Continue to September 14, 2004. 13. Item removed from the Consent Calendar by Council Member Heffernan. Motion by Mayor Pro Tern Adams to approve the Consent Calendar, except for the item removed (13): and noting the abstentions of Mayor Pro Tern Adams and Council Member Heffernan on Item No. 1. The motion carried by the following roll call vote Ayes: Heffernan. Rosansky, Adams. Bromberg, Webb, Nichols, Mayor Ridgeway Noes None .abstain: None Absent,: None 18, ZONING AMENDMENT /GROUP LIVING USES [item taken out of order]. Alayor Ridgeway noted that there are major changes that need to be made to the ordinance. Motion by Mayor Rid?ewar to continue the item to September 14. 2004. The motion carried by the following roll call vote Ayes. Heffernan, Rosansky. Adams, Bromberg. Webb. Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None J. PUBLIC HEARINGS 14. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: PUBLIC HEARING FOR RENEWAL OF THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT FOR THE 2004 -2005 FISCAL YEAR AND ADOPTION OF RESOLUTION OF CONFIRMATION. assistant City Manager Wood reported that no protests for renewal of the Volume 56 - Page 1167 INDEX (100-2004) (100- 2004) (100 -2004) (100-2004) City of Newport Beach City Council Minutes August 24, 3004 Corona del D1ar Business Improvement Uistriet (SID) have been received. Mayor Ridgeway opened the public hearing. Hearing no testimony, Mayor Ridgeway closed the public hearing. Motion by Council Member Webb to adopt Resolution of Confirmation No. 2004 -79 and confirm the BID Advisory Committee. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: Done 15, JOSH SLOCUM'S DINNER AND SUPPER CLUB - USE PERMIT NO. 2003 -036 (PA2003 -230) — 2601 WEST COAST HIGHWAY (contd. from 6/22/04 & 7/13/04). Council 1\lember Rosansky asked if a traffic study would be presented at the current meeting. Planning Director Temple stated that the applicant did indicate at a previous City Council meeting that one would be prepared but that, to date, one has not been received. She added that the City did receive a letter from a traffic engineer describing a variety of options that could be considered. but that no specific proposal was included. Mayor Ridgeway recalled that the applicant also wanted to review the police service calls that went to Josh Slocum's, and noted that a report was sent to them on July S, 3004. lklavor Ridgeway stated that the report is included in the staff report and noted that there were 159 calls for service at Josh Slocum's from June 1, LOOS. to June 21, 2001. Of these. 27% were for loud music disturbances. He noted the demand that this places on the Police Department's resources. Council Member Rosansky asked if the letter from the traffic engineer was included in the staff report. Planning Director Temple responded in the negative, and explained that it was only faxed to the City on August 20 or 23, 2004. In response to Mayor Pro Tem Adams' question, Planning Director Temple st'at'ed that the letter was prepared by RIi Engineering Group. Mayor Ridgeway opened the public hearing. Bill Hodge. Hodge & Associates, representing the applicant; stated that he is hoping to work with City staff on the contents of the letter from the traffic engineer. Mr. Hodge provided a handout on calls for service and st'at'ed that a major issue with the Josh Slocum's project, has been the noise complaints. He noted that the recommended conditions of approval Volume 56 - Page 1168 INDEX (100 -2001) City of Newport Beach Cite Council Minutes August 24, 2004 INDEX for the project include measures to alleviate these concerns, Mr. Hodge stated that the conditions of approval also include measures to address traffic concerns. He listed the proposed additional conditions contained in the letter from RIi Engineering Group related to parking and circulation. Referring to the report on police service calls, Mr. Hodge clarified that he asked to receive the information for the City Council meeting of June 22, 2004. :\1r. Hodge stated that his handout look: at calls for service by neighborhoods or reporting districts. and compares three on Coast Highway in the vicinity of Josh Slocum's and three on the peninsula during the week of August 17 to 24, 2004. He noted that reporting district number 15 on the peninsula had 171 calls for Service, while reporting district number 25, where Josh Slocum's is located, only had S1. which indicates that the district on the peninsula puts a far greater demand on the Police Departments resources than the district that Josh Slocum's is located in. Mr. Hodge stated that the number of patrons that pass through Josh Slocum's also needs to be considered when looking at the number of service calls. He agreed that the behavior of some individuals is unacceptable, and that Josh Slocum's doesn't hesitate to call the police when there is a problem. In closing. Mr. Hodge Stated that the issues can be worked out and Josh Slocum's would like to continue to work with Staff. In response to Mayor Ridgeway's question. Mr. Hodge stated that Josh Slocum'S shares their driveway with the wig shop and the boat yard in the back. Council Member Bromberg referred to the handout from Mr. Hodge and stated that reporting district number 15 is the area west of the Newport Pier and represents an entire community. He stated the problem is the number of service calls to Josh Slocum's, which is a single facility. He stated that it doesn't make Josh Slocum's a good candidate for a nightclub. Mayor Ridgeway stated that Newport Beach has not had a great deal of success with nightclubs. He stated that their use permits have been revoked and its been a difficult use for the City. '.Mr. Hodge stated that Josh Slocum's intends to offer dinner until 1:30 a.m., and that only some of the tables would be removed for dancing and live entertainment. Council 'Member Rosansky asked Mr. Hodge if there was anything contained in the letter from the traffic engineer that would change the City's position on the matter. '.Mr. Hodge Stated that if many of the measures contained in the letter were implemented, it would take care of the problems with traffic and circulation. Council Member Rosansky confirmed that additional parking Spaces would not be added, and that offsite parking would continue to be utilized. Police Captain Riley referred to Mr. Hodge's handout and stated that he has not had the opportunity to verify the figures, but that the information was obtained from the Police Department's wCbsite and not every call is posted on that website. He agreed with Council Member Bromberg's statement that reporting district number 15 does represent a Volume 56 - Page 1169 City of Newport Beach City Council Minutes August 24, 2004 INDEX significant area. City 'Manager Bludau confirmed with Captain Riley that approximately 4044, of the police resources are deployed on the peninsula. Council Member Webb asked if there were an other restaurants in the Mariners Mile area that have the frequency of service calls that Josh Slocum's has. Captain Riley responded in the negative and stated that none of them came close during the same time period that was analyzed. In response to Council Member Rosanskys question. Captain Riley stated that no other restaurant in the City has the frequency of calls that Josh Slocum's has. Jim Hildreth stated that Dennis Rodman was unjustly picked on by the City and that Josh Slocum's is also being picked on because of him. Mr. Hildreth asked how the City Council can justify its actions. He stated that Josh Slocum s is a good restaurant and should be viewed that way, and that the area needs more good restaurants. He stated that prior complaints should be dealt with and the restaurant should be allowed to continue working with the City. Sheila Baker stated that she lives directh across from Josh Slocum's and doesn't want a nightclub in her backyard. In the past, Josh Slocum's has not complied with the miles and regulations, and has had a number of police service calls. She stated that they shouldn't be rewarded for this behavior. Roger Grable, counsel for Josh Slocum's, stated that when the City filed litigation against Josh Slocum's, it was determined that the best way to address the negative impacts of the facility was to establish a set of conditions. He stated that this should be followed through on and that the use permit application should be approved. If .Josh Slocum's doesn't comply with the standards. the City can revoke the use permit. He suggested that the item be continued and that Josh Slocum's be allowed to continue to work with the City on the issues. If the application is not approved, .Josh Slocum's has the right to continue to operate Linder its current nonconforming status. Robert Baker requested that the appeal be denied. He stated that a nightclub at Josh Slocum's would be in his backyard, because the noise travels across the water to his home. He stated that the applicant bought the property with the knowledge that it was to be operated as a restaurant, but that they operate the facility as a nightclub and the conditions that have been imposed, have been ignored. The lawsuit caught their attention, but they broke the settlement agreement and continue to deli the City's rules and conditions. He stated that they shouldn't be rewarded for their past conduct. Hearing no further testimony, Mayor Ridgeway closed the public hearing. Council Member "'ebb stated that the applicant is asking to increase the occupancy of the facility from 133 to 190, which is an increase of Volume 56 - Page 1170 City of Nenport Beach City Council Minutes August 24, 2004 approximately 43ib. he stated that traffic and circulation will continue to be a problem, but that he's most concerned for the number of police service calls. He stated that the restaurant has not shown that it can operate for any period of time without the police being called to the site. Council - Member «'ebh stated that this is not the type of facility that should be allowed to intensify its use. Motion by Council Member Webb to denv the appeal and uphold and affirm the decision of the Planning Commission and adopt Resolution No. 2004 -80 to approve Use Permit No. 2003 -036 allowing the existing restaurant to provide periodic lunch service, increase the occupancy- and modify- the minimum parking requirements. Mayor Ridgeway stated that the traffic report that was prepared doesn't become relevant, because the City can't get past the issue regarding the number of police calls. The motion carried by the following roll call vote Ayes: Heffernan. Rosansky, Adams, Bromberg. Webb. Nichols, Mawr Ridgeway Noes: bone Abstain: None Absent: None 16. REVISIONS TO APPEAL AND CALL FOR REVIEW PROCEDURES — CODE AMENDMENT NO. 2004 -002 (PA2004 -035) (contd. from 6/8/04, 6/22/04, 7/13/04 and 8/10/04). Motion by Council Member Webb to introduce Ordinance No. 2004 -18 approving Code Amendment No. 2004 -002 and pass to second reading on September 14, 2004. Council \'lember Rosanaky stated that he has reservations about the proposed ordinance and concerns about the Brown Act. Substitute Motion by Council Member Rosanskv to only require three council members to call for the review of a decision. He stated that this eliminates the problems associated with the Brown Act and that the support of three council members shows significant interest in an appeal. Council Member Heffernan agreed and stated that a majority of the council members should not he required. because it is also a majority of the council members that appoint the members of the Planning Commission. This could cause a problem with a certain majority having control over the issues. He stated that some items should be appealed and it should not be complicated to do so. Assistant Citv 'vlanager Wood stated that the proposed ordinance would not cause a problem with the Brown Act. She explained that a request Volume 56 - Page 11.71 INDEX (100 -2004) Cite of Newport Beach City Council Minutes August 21. 2004 INDEX for an appeal and the cote of the City Council would occur at a public meeting. Council Member Rosanskc stated that it might only appear to cause a problem, but that he wants to avoid any allegations and the appearance of any improprieties. Ala- Ridgeway stated that up until 1998, four council members were required to call for the review of a decision. He stated that it worked well and that good dialogue and debate occurred at the public meetings of the City Council and the Planning Commission. He added that the applicant always has the right to file an appeal also. Mayor Ridgeway opened the public hearing. Dolores Otting provided a handout. which provided an opinion from the Attorney General that a majority of the board members of a local agency may not e -mail each other to develop a collective concurrence as to action to be taken by the board without violating the Brown Act. Ms. Citing stated that the purpose of the Brown Act is to allow the public to participate in the decision- making process at the local level of government. She agreed with the substitute motion made be Council Member Rosansky and stated that by- only requiring thiee council members, the spirit of the law wouldn't he violated. Jim Hildreth stated that the City Council is supposed to he representing those that live in Newport Beach and understand the Brown Act. He stated that. the citizena need to know that the City Council is acting in their best. interest and not violating the Brown Act. He disagreed with changing the current procedure and felt that. only one council member should be required to call an item up for review. Hearing no further testimony, T lacor Ridgeway closed the public hearing Mayor Ridgeway stated that the comments made by Ms. Otting actually support. changing the procedure to four council members. because all of the discussions and debate would occur at a public meeting. Alayor Pro Tom Adams agreed and stated that requiring four does insure that the discussions will take place in public. The substitute motion failed by the following roll call vote Ayes: Heffernan, Rosansky Noes: Adams. Bromberg. Webb, ?Nichols. Mayor Ridgeway Abstain: '_None Absent- The motion carried by the following roll call vote: :dyes: Adams. Bromberg. Webb, \Savor P.idgewav Noes: Heffernan. P.osanskv, Nichols Volume 56 - Page 1172 City of Newport Beach City Counci l Minutes August, 24, '004 Abstain: None Absent: None K. PUBLIC COMMENTS INDEX • Jim Hildreth stated that he's a registered voter in Newport Beach and would like to be considered as a write -in candidate for the upcoming election. He said the proper spelling to use on the ballot would be "Jim R. Hildreth ". Continuing with his comments on the City's website on himself, Mr. Hildreth stated that the location where the onshore mooring was moved was never given. Additionally. he stated that the locations in the Grand Canal are actually accessed by access structures. • Allan Beek stated that there are many things wrong with former City Attorney Burnham's impartial analysis of Measure L. Foremost, he stated that it does not inform the voters that there is an existing contract and if Measure L passes, the City is committed to the hotel. • Tom Billings. Protect Our harks, stated that the voter., will be voting on two things when the vote on Measure L. and that they include a change in the land use designation from recreation and environmental open space to recreation and marine commercial. and the development of a timeshare hotel resort. He also stated that regardless of the vote. the existing mobile home park will be removed. and the American Legion and Girl Scout House will remain. He cited other reasons why he is not in support. of - Measure L and stated that parkland should not be used for revenue generation. Mr. Billings stated that. more information can be obtained by accessing Protect Our Parks' website at Newport- Parks.com. • Dr. Linda Orozco stated that verbal insult., were allowed to be made against her, personally, at the City Council meeting of August 10, 2004, by the CEO of Narconon. She stated that a few day., later, postings were made to a local website threatening her and her home, and threats of violence and death followed. She stated that. the Mavor allowed the comments to be made at the meeting, that. he should take responsibility and should demonstrate vigilance in curbing such attacks. Mayor Ridgeway suggested that Dr. Orozco forward her comments to the Police Department and death threats should be reported. Secondly. he stated that freedom of speech does allow speakers to make such verbal attacks. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC). Assistant City Manager Rood stated that. GPUC met on August 23, 2004. The General Plan Advisory Committee (GPAC) has been working on developing land use alternatives for the future, and the consultant presented the consolidation of this work to GPUC. The same presentation will be made to the Planning Commission on September 9. 2004. and to the City Council on September 14, 2004. Volume 56 -Page 1173 City of Newport Beach City Council Minutes August 24, 2004 Status report — Local Uoastal Program (LUr) Uertitication Uornmittee. Mayor Ridgeway stated that the LCP has been accepted by the Coastal Commission. who plans to ask for a one -pear continuance in order to review it. Status report — Newport Coast Advisory Committee (NCAC). Council Member Heffernan stated that the next meeting of the NCAC will be on September 6, 2004. The two items that will be addressed are the progress being made on the Newport Coast Elementary loop road and potential redirection of construction traffic from Ridge Park Drive. Status report — Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb stated that the design plans are complete. the City has issued a building permit and it should go out to bid by the first week in September. Status report — Other Committee Activities. Council Member Nichol$ reported that the Environmental Quality Affairs Citizens Advisory Committee (EQAC) considered the environmental document for St. Mark Church. Assistant City Manager Wood noted that EQAC's comments on the document will be forwarded with the other comments received to staff and the environmental consultant, who will prepare response.,, to the comments. Council Alember Nichols stated that the other item considered by EQAC was the Pelican Hill Resort. Comments regarding Mayor Pro Tern Adams. Mayor Ridgeway stated that :ylayor Pro Tent Adams will be resigning effective September 1, 2004, to take a significant promotion with a large engineering company that will require him to relocate to Washington, D. C. Dlayor Ridgeway stated that he'll be missed and has been a welcome asset to the community. Council Member Webb agreed that Mayor Pro Tem Adams will be sorele missed. He expressed his appreciation for his thorough way of anal }zing all of the projects that have been brought before him, and his to- the -point comments. Council A'lember Bromberg stated that he also will miss Ala }or Pro Teal Adams. He noted how he handled the Greenlight issue with objectivity and professionalism. Council Member Heffernan agreed that 1\'layor Pro Tern .Adams is fair, unbiased and ethical. He also expressed his admiration for how he handled the Cnrenlight issue. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDA FOR AUGUST 19, 2004 Planning Director Temple stated that the Planning Commission had six items on its agenda for the meeting of August 19, 2004. She stated that several of the items were simple and were approved with little comment. These included the traffic .study for 1901 Westcliff Drive and a use permit. amendment for a restaurant at 1701 Corinthian Way. Planning Director Temple reported that, after discussion and some modifications, the use Volume 56 - Page 1174 INDEX (100 -2004) Citr of Neo port: Beach Cit.v Council Minutes August 24, 2004 permit for the Bahia Corinthian Yacht Club was approved. Item No. 3 was removed from the agenda, at the request of the applicant. Planning Director Temple stated that the major item of the meeting was the additional consideration of the St. Andrews Presbyterian Church expansion. After a presentation by the church and receiving public testimony, the Planning Commission discussed the specifics of the revised proposal by the church and determined that more work was needed by the church and the community to identify a project that might be more acceptable to all. The item was continued to the Planning Commission meeting of September 23, 2004. Council member Heffernan asked for more detail regarding the decision on the yacht club. Planning Director Temple stated that the revised parking lot layout was accepted and additional offsite parking was resolved. For Mayor Ridgeway, Planning Director Temple confirmed that the plan approved is totally different fi•om the current site plan. N. CONTINUED BUSINESS 19. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE — SEPTEMBER 17 — SEPTEMBER 19, 3004 IN LONG BEACH (contd. from 8/10104). Motion by Mayor Ridgeway to designate Council Member Webb as the City's voting delegate for the conference. The motion carried by the following roll call rote Ayes: Heffernan. Rosansky. Adams, Bromberg. Nichols. Mayor Ridgeway Noes: Webb .Abstain: None Absent: None O. CURRENT BUSINTESS 20, RESOLUTION OF APPLICATION TO REORGANIZE TERRITORY KNOWN AS THE WESTERN BORDERS ANNEXATION. The item was continued. 21. SMOKING ON PIERS AND BEACHES. By a show of hands from the audience, Mayor Ridgeway noted that there was no opposition to the proposed ordinance from those in attendance at the meeting. General Services Director NlederhauR stated that the issue was addressed by the City Council at their Study Session on May 25, 2004. At Volume 56 - Page 1175 INDEX (100 -2004) Western Borders Annexation (21 /100 - 2004) (100-2004.) City of Newport Beach City Council Minutes August 24, 2004 INDEX the direction of the City' Council. the matter was addressed by the Parks. Beaches & Recreation (PB &R.) Commission. He reported that the PB &R Commission was unanimous in their support of a no smoking ordinance on the City's piers and beaches. He stated that staff presented a number of options and spent some time studying where the problem was occurring. During the process. a considerable amount of public input was received and nearly all of the input was in support of a ban. Council Member Heffernan asked if the ban would include State beaches. Mr. Niederhaus responded in the affirmative, and noted that it would not. include County beaches, such as the Dunes. Council Alember Heffernan asked why it would apply to State beaches, such as Big Corona and Little Corona, but not to County beaches. Mr. Niederhaus explained that. the City manages the State beaches. He further confirmed that the ordinance would not apply to private beaches or property. Council Member Nichols asked if there were any restrictions that would apph to the smoke generated by the fire rings. Mr. Niederhaus responded in the negative. but stated that the PB &R Commission is looking into that matter separatelc. In response to Mayor Ridgeway s question. Police Captain Newman stated that there are other nuisance - relat(,d ordinances currently in effect. The Police Departments position would be to enforce the smoking ordinance in the same way. which would be during the normal course and scope of the Police Department's existing duties. He added that compliance would increase as public attitudes shift. Council' Member Bromberg asked if the Police Department would respond to calls from the public. Captain Newman stated that such calls would be addressed a: similar violations are currently addressed. The officers in the area would be notified and they would respond, if not already handling another situation. Motion by Council Member « 'ebb to 1) introduce Ordinance No. 2004- 19 prohibiting smoking on all public piers. beaches, beach walkways: floats, wharfs and Inspiration and Lookout Paints and pass to second reading on September 14, 2004; and 2) approve a budget amendment (05BA -009) in the amount. of $19.000 to provide for the purchase, installation and maintenance of smoking ash receptacles. \Mayor Ridgeway announced that public comment's would be limited to three minutes. .Jim Hildreth stated that he doesn't like smoking and discourages it. if the City is going to ban cigarette smoking. he suggested that information be issued to the violators to help them curb their habit. He stated that it would be an opportunity for the City to promote rehabilitation and encourage people to stop smoking. 'Fancy Gardner. Surfrider Foundation, stated that the foundation is not opposed to the proposed ordinance, but that banning smoking will not Volume 56 - Page 1176 City of Newport Beach City Council Minutes August 24, 2004 INDEX eliminate cigarette butts and filters from the beach. She explained that much of this trash reaches the beaches via the storm drains. She hoped that people would properly dispose of their cigarette butts inland, as well as on the beaches. She offered the assistance of the foundation in achieving this goal. Ray Halowski stated that he has a concern for the lack of enforcement that will take place because it potentially opens the City up to liability by anti - tobacco groups. Elle Erpenbeck and Caroline Wilkinson introduced themselves and stated that they are both with the Earth Resource Foundation Club at Newport Harbor High School. They stated that they are representing the youth and support the proposed ordinance. Ms. Erpenbeck and Als. Wilkinson stated that banning smoking on the beaches has picked up momentum throughout the State. They encouraged the City Council to vote in favor of the proposed ordinance. Jessie Loeb. Earth Resource Foundation Club, Newport Harbor High School, stated that smoking should be banned from public beaches because smoking is unhealthful and the City can't afford not to pass the ban. Karl Duesterberg stood with several of his friends and stated that they are in support of the smoking ban. He didn't expect enforcement to be strong, but stated that the ban would still make a difference in reducing the number of butts on the beach and other negative side effects. He didn't feel that the ban would effect tourism or people's right. to smoke. Tom Tobin, PB &R Commission, stated that the PB &R Commission unanimously recommended adoption of the proposed ordinance. He provided photos of an urn in San Clemente and noted that it wasn't being utilized as a no smoking urn. He additionally provided photos of signs and noted that there is a proliferation of signs in Newport Beach. In closing, Mr. Tobin stated that the PB &R Commission was unanimous in its support of no smoking areas and no smoking in Newport Beach. Linda Nichols, Earth Resource Foundation. displayed artwork done by the foundation's volunteers. She thanked the City Council for taking responsibility and doing the right thing, and stated that. the foundation is available to provide assistance. 1\4s. Nichols stated that. the benefits of tough environmental regulations far outweigh the cost and effort of enforcement. Brent Ritenour stated that he is a smoker and is proud of the smoking ban on beaches. He explained that smokers understand the kind of litter that smoking creates. Council Member Rosansky stated that the City has been looking at the issue for several months and that he has been an advocate of a ban from the beginning. He noted the support for the ban by the PB &R Commission. the public and the business community. He didn't feel that Volume 56 - Page 1177 City of Newport. Beach City Council 114inutes August 24, 2004 enforcement would be an issue, and that the ban would be self - enforcing and people would do the right thing. Council Member Rosansky stated that the City is committed to a higher standard. Council Member Bromberg stated that he deplores smoking, but in the beginning, was concerned with the enforcement issue. He explained that he was concerned that the City would be put in the position of having an ordinance that couldn't be enforced. and criticism would be received. He stated that he is now satisfied that enforcement will not be a problem. Council Member Nichols stated that the City is going overboard with the proposed ordinance and going after people in the wrong way. He stated that he could support an ordinance that dealt with the littering aspect, but not one that bans smoking. Council Member Nichols noted that it has not been proven that secondhand smoking is hazardous. The motion carried by the following roll call vote: Ayes: Heffernan, Rosanskv Noce: Adams. Nichols Abstain: None Absent: None Bromberg, Webb, Mayor Ridgeway 22. ORDINTANCE AMENDING SECTION 12.32.020(B) OF THE NBMC The item was continued. S23. LETTER OF RESIGNATION SUBMITTED BY COUNCIL MEMBER ADAMS AND THE OPTIONS AVAILABLE TO THE CITY COUNCIL FOR FILLING THE VACANCY IN DISTRICT 4. Alayor Ridgewav stated that City code requires the Cit ;c Council to appoint a successor within 30 days of the resignation of a council member. If this can't be done, the matter goes to a special election. He stated that the City Clerk intends to advertise for applications, which would be accepted until September 9. 2001, and that the interviews could be conducted by the City Council at either the meeting of September 14, 2004. or at a special meeting on September 21, 3001. Council Member Bromberg stated that it might depend upon how many applications are received as to when the interviews should be conducted. Motion by Council Member Bromberg to 1) declare the office currently held by Council Member Adams to be vacant. on September 1. 2001, the effective date specified in the letter of resignation; and 2) establish the process, as outlined in the staff report, leading to the appointment of 'a successor on or before October 1, 2004, as required by Section 403 of the City Charter, and set September 21, 3001, at 7:00 p.m. as a special meeting of the City Council to conduct interviews. Council Member Webb agreed and stated that the 2111 would give the council members some time to review the applications prior to conducting Volume 56 - Page 1178 INDEX (100 -2004) District 4 Council Member Resignation (33/100 -3004) City of Newport Beach City Council Minutes August 24, 2004 interviews. INDEX After a brief discussion, it was determined that the interviews would be televised and that an evening meeting would allow the public to view the process. Council Member Rosansky agreed that it was important to have a special meeting devoted to the interviews. so that the council members could focus on just that matter. He noted that it's an important decision and that the new council member will hold the seat for over two years. Council Member Heffernan asked if there was any possibility of a special election. Council Member Bromberg stated that it would be unknown at this time. He explained that it's conceivable that the City Council could be unable to find a suitable applicant, and would be unsuccessful in making an appointment. Council Member Heffernan asked if the appointment would be for the balance of the term. Council Member Bromberg clarified that his motion is for the appointment to be for the balance of the term, which is November 2006. Mayor Ridgewac stated that making an appointment for part of a term is not an option and that this information is included in the staff report. He stated that a special election will only be held if the City Council is unsuccessful in making an appointment. Council Member Rosansky asked if that the City Council could also complete the appointment process at the City Council meeting of September 28, 2004. Cite Clerk Harkless confirmed that the appointment would need to be inade on, or before. October 1. 2009. If not, a special election would have to be called. She added that the earliest that a special election could be held would be March of 2005. \Mayor P,idgeway noted that there will only be sit council members making the dccidon on the appointment., which increases the chances that a majority vote may not be reached and an appointment not made. City Manager Bludau confirmed that the interview process will be similar to that conducted for former Council Member Proctor's seat, and as outlined in the staff report. Council Member Heffernan confirmed that the council members are free to contact the applicants prior to the interviews. He further confirmed with the Cite Clerk that the appointment will be for the balance of the term. In response to Council Member Nichols question. City Clerk Harkless stated that in order for the seat to have been on the November 2001 Volume 56-Page 1179 City of Newport Beach City Council Minutes August 24, 2004 ballot, the resignation would have to have occurred prior to the beginning of the nomination period. which was in July. Dlayor Pro Tent Adams confirmed with Acting City Attorney Clausen that regardless of the timing of the resignation, the first obligation is for the City Council to make an appointment. within 30 days. Mayor Ridgeway announced that public comments would be limited to three minutes. John Butt.olph stated that he is concerned about the appropriateness of an appointed council member voting on the appointment. of another council member. He suggested that the City Council direct staff to look into the matter. Mayor Ridgeway stated that the question has already been asked and it. has been confirmed that it is appropriate. Acting City Attorney Clauson explained that an appointed council member has all of the powers of the seat that was vacated. She stated that she is not aware of any prohibitions that would disallow this. Jim Hildreth stated that the City Council has recently been through this and it shouldn't be difficult to establish the process. The motion carried by the following roll call cote Ayes: Heffernan, Rosanskv, Bromberg, ','ebb. Nichols, Dlayor Ridgeway Noes: None Abstain: Adams Absent: None Mayor Ridgeway recessed the meeting at 9:35 p.m. and reconvened the meeting at 9:50 p.m. with all Council Members present. 524. LONVER SANTA ANA RIVER PROJECT. Mayor Ridgeway expressed his appreciation to all those in attendance at the current meeting regarding the item, but noted that the City doess not have a lot of control over the Army Corps of Engineers. He stated that a draft letter has been prepared from the City to the Corps that addresses the concerns that have been expressed regarding the project. He read the letter, which was slightly different than the draft included in the staff report. After reading the letter, he made one correction and that. was to change the word "require" in paragraph 3 to -request". He explained that the City does not have the authority to require and doesn't want to mislead anyone by suggesting that it does. Using a PowerPoint presentation, Assistant City Manager Hiff displaced an aerial photo of the lower Santa Ana River. He stated that the 54.4 million project will remove 400,000 cubic yards of material from the Santa Ana River. The plans and specifications directed the material to be Volume 56 - Page 1180 INDEX (100 -2004) City of New port Beach City Counca Minutes August 24. °004 INDEX placed in the West Newport groinfield and on least tern island in the Newport. Slough, and the contract allowed the bidders to chose between one of two transport methods, which included pumping the material into the nearshore zone or hauling it along the beach. Assistant City Manager Riff reported that CJW Construction was the low bidder and chose the beach haul method. He stated that the project started upstream on August 4. 2004. transport is scheduled to begin on September S. 2004. and the project is expected to he completed on December 16, 2004. He listed some of the constraints that would he placed on the contractor. Assistant City Manager Kiff displayed a map showing the beachfill limits, and noted that it is the entirety of the grainfield. He also pointed out the stockpile area and the area where the material would he disposed of, if it were deposited offshore. He stated that the reasons for doing the project include flood control and beach replenishment. Assistant Cit'v 'Manager Riff explained that in a full• natural environment. the sand in West Newport would come from a variety of sources. He explained that these would include sedimentation of the watersheds and cliffside erosion. Studies in 1981 and 2003 showed that. the Santa Ana River was only delivering one - third of its traditional sand. and that it was due to upstream development. He displayed a schematic showing how- natural sediment transport works. Assistant City Manager Kiff stated that the major sand replenishment project that the Citv has participated in is the Surfside - Sunset, project. which started in 1964 and included a beach haul in 1.99T. He displayed a map of the project area and a list of the carious stages of the project. Assistant Cit'v Manager Riff stated that the Coast, of California Storm and Tidal Wave Study was completed in the 1990's and included the concept of a - sediment. budget'. He displayed a diagram illustrating how sediment. budgeting works, and stated that the data from the study also included beach width measurements, which found that in most locations up and down the coast, the beach widths grew. In West Newport, the beach retreated an average of .5 feet per year during a 5 -year period of no nourishment. With nourishment, the beach is growing by an average of 4.1 feet per Year. He displayed a graph showing the beach width measurement's from 1963 to 1995, and an aerial photo taken of the groins in December of 1995. He also displayed a photo of trucks working in Surfside Beach in 1992. Assistant City Manager Riff displayed a list of the concerns that have been expressed about the project. These included that the mat'erial's mix, which is sand and sediment, will harm water quality and stay present too long. He pointed out that the material will he tested and that a mix of greater than 15°4 sediment will go to a landfill. He explained that its the sediment that carries the pollutants. Another concern is that the material will he darker than the existing sand; which he stated would most likely he true. but that it would bleach out over a period of time. He stated that the City is in agreement with another concern, which showed a beach width limit of 350 feet in the environmental documents. but that the limits are really greater than that. Concerns have also been expressed about the project being unnecessary because the beaches arena. Volume 56 - Page 1181 City of Newport Beach Cite Council Minutes August 24, 2004 INDEX receding. Assistant City Manager Iiiff explained that they would recede if there were no nourishment projects, such as the one under discussion, In response to Council Member Rosansky's question, Harbor Resources Manager Rossmiller stated that, currently, the average width of the beach is approximately 200 feet. Council Member Rosansky asked how many years of protection the project would provide. Manager Rossmiller explained that it would be. dependent on numerous conditions and environmental factors and that one wave event, for example, could cause a significant loss. Referring to the photo displayed earlier of the groins in December of 1997. Manager Rossmiller stated that it was taken after the replenishment was done and after the El Nino storm of that year. Ile noted some of the geographic features in the area, and stated that they explain why the center of the groinfield is subject to severe erosion. Council Member Rosansky asked how much beach was lost during the El Vino storm. Manager Rossmiller stated that not much was lost because it wasri t associated with a large swell. Assistant City iltanager Niff continued with the list of concerns that have been expressed about the project be stating that another concern was that the disposal method chosen was the cheapest, but the most beach and resident impacting. He stated that this is true. Another concern is that the jetties would be entirely filled, which would cause several impacts. Assistant City Manager tuff stated that impacts are possible. but that they are short -term and the decision needs to be made on whether the project is worth any short-term impacts. Council Member Nichols asked if the offshore deposit of the sand would cause a flatter beach and the onshore deposit would allow the shoresidc sand to be built up to a higher amount. Alanager Rossmiller stated that the offshore option would keep the sand within the literal cell, which is good, but it would not guarantee where it would go and would be dependent on wave activity. Council 'Member Rosansky asked if the sand were to be placed elsewhere, if it would eventually migrate back to Newport Beach. Manager Rossmiller stated that it could, given the right wave activity. He added that there would be a short-term impact on surf breaks that could last for a couple of weeks to a couple of months. Manager Rossmiller stated that the long -term benefit of having the protection to the back beach is far outweighed by the short -term impacts, and that public education could also help with the surf break impact. Assistant. City Manager Kiff stated that there were also concerns expressed about the noticing of the project, but that four notices were sent and the mailing list is available for anyone that would like to see it. Another concern was that access to the water during construction would be too limited. He stated that this is a fair concern. Lastly, there was a concern expressed for the noise, dust and pollutants if trucks are used; as opposed to the nearshorc disposal method. He again agreed that this would also be true. Assistant City- Manager Ni£f concluded his comment: by stating that the staff recommendation is listed on the agenda and Volume 56 - Page 1162 City of Newport Beach City Council Minutes August 134, 2004 INDEX included in the staff report. Council Member Nichols asked if any of the sand could be deposited in Big Corona. He also asked if building up the shoreside could only be done with the onshore deposit method. Assistant City Manager liiff stated that the Corps has a policy of not moving sand from one literal cell to another, and Big Corona is in a different literal cell. Secondly, he stated that the environmental documents didn't evaluate this option. Council illember Nichols stated that sand is needed in Corona del Mar. Mayor Ridgeway suggested that a straw cote be taken on the draft letter and staffs recommended action, and reminded everyone that the City is limited in what it can do and that the project has started. He stated that. the City supports the public's concerns and will do its best. but that. sand replenishment is needed in West Newport. He added that the City- has a long -term working relationship with the Corps. Council Member Rosanskv stated that the position of the Cite should be that it will not permit the deposit of the sand on the beach and that the Corps will be urged to look strongly- at the ocean disposal method. He suggested that in the issuance of the encroachment permit by the City, if one is issued, that it specifically preclude anything other than crater disposal without authorization be a majority vote of the City Council at a public meeting. '.Motion by Council Member Rosanskv to 1) direct the City Manager to investigate contracting with a firm with an expertise in coastal engineering to monitor and review any work done along West Newport's beaches: 3) authorize the Public Works Director to issue an Encroachment. Permit for the Lower SAR Project that: a) requires contractor compliance with existing Environmental Assessments; b) requires contractor communication with City's oversight staff. if hired; and c) allows sand transport to be done solely via dredge or water -borne suspension: and 3) authorizes the Mayor to write a letter to the US Army Corps of Engineers and to the Orange County Board of Supervisors stating the City's position that: a) sand replenishment is an important protective measure for West Newport: b) the City- desires that any replenishment work be done via dredge in the near -shore zone to minimize resident and visitor impacts along the beach: and c) all beach disposal work done should be in accordance with the Projects Environmental Impact Statement and related Supplemental Environmental Assessments. supporting the limit of not. more than 350' of beach width following beach disposal. Council Member Nichols questioned the judgment being made by the Cite Council. noting the lack of engineering background on the subject by its members. Council Member Rosanskv stated that it's a matter of economics and what makes sense. He stated that the contractor can't be faulted for selecting the cheaper disposal method that was allowed by the job specification. He expressed his understanding that it would cost an Volume 56 - Page 1183 City- of Nei ;-port Beach Cite Council Alinutes August 34. 2004 INDEX additional $1 million to put the material out into the ocean. Assistant. City Manager Riff stated that withholding the encroachment permit is not advisable. He stated that the City's relationship with the Corps is important. and that sand in Rest. Newport is needed. Council Member Bromberg asked if the Corps was aware of the agendized item at the current meeting and how they- feel about it. Assistant City Manager Kiff stated that staff talks daily with the Corps, and that they have been responsive and expressed evert intent to try to work within the contract to deposit. the material offshore. In response to an additional question by Council member Bromberg. Public Works Director Badum stated that no official application for an encroachment permit has been received to date. Council Member Bromberg expressed his understanding of not wanting to jeopardize the City's relationship with the Corps, but asked if the City could deny the encroachment. permit after the Corps had exhausted the option of the offshore disposal method. Council Member Rosansk' stated that the project is set to begin depositing sand on September S. 2004, and the City Council doesn't. meet again until September 14. 2004. He stated that his suggestion is not to withhold the issuance of an encroachment permit, but to include the disallowance of putting sand on the beach, if one is issued. ]f the Corps insists that putting the sand on the beach is the only way- that. they can do the project. the would then need to come back to the City Council for approval. Council Member Bromberg .stated that he is concerned that if there is no pressure on the Corps by the City, they won't try hard enough. Assistant City Manager Kiff stated that the Corps would have the option to take the sand and cell it elsewhere, which would mean that the City would lose the opportunity of receiving the sand and would have to get it from another source in the future. He expressed his concern for the effect this would have on the Cites resources and budget. Council Dlember Bromberg stated that if the CitY bought the needed sand, it could deposit it how it Na ants to. Council '.Member Rosanskv stated that. much of the sand that. will be dredged can't be used for most construction projects and has little economic value, due to the seawater and salt content. Additionally, he stated that the Corps is being required by the State to deposit. the sand into the beach and that it can't be sold. Council Member Rosankv further noted that the project is part of a bigger project. and needs to be done by the Corps. He expressed his belief that the Corps and the contractor are willing to look at alternatives for disposal. Council Member Heffernan asked what the impact of the City Council's decision will be on other projects. Assistant City- Manager hif'f stated that it could jeopardize them. He explained that anytime the City does not appear to be working with the Corps, the information reaches the heads of the district and Washington, D.C. offices who take this into consideration when making funding decisions on projects that help the Volume 56 - Page 1184 City of Newport Beach Cite Council Minutes August 24, 2004 City. INDEX Council Member Bromberg stated that the City should not be punished by the Corps for wanting to protect the beach. lie stated that he would contact Congressman Cos and seek his assistance, if needed, but believes that the Corps has more respect for the City than to have a decision on this project affect other projects. Council Member Rosansky stated that Congressman Cos has already indicated to him that he will support whatever action is taken by the City Council at the current meeting. Council Member Rosansky assured everyone that the upper bay and harbor projects will occur, regardless of what happens in West Newport. Larry Paul, Tetra Tech, consultant to the City, stated that the Crops is under funded, is undergoing some different budgeting processes than they have in the past, and is prioritizing their major projects by some new criteria. Local support of its projects is taken into consideration. and Newport Beach has always provided this. lie stated that the Corps does listen. but that its simply a matter of money for them. Thev want to do the right thing and congressional assistance is appreciated. Mr. Paul stated that the sand replenishment project does not have to take place this year, and that there is a limited amount of money for the overall Santa Ana River project. The money could be used elsewhere. such as Prado Dam. Mr. Paul stated that an extensive amount of lobbying will be needed if extra money is to be obtained for offshore disposal. Council Member Nichols stated that water supply is a major concern in Southern California. He cited the expenditures and projects that are needed to insure that this issue is also addressed. Council Member Rosansky asked if the Corps plans to turn the project over to the Flood Control District once it is completed. Mr. Paul responded in the affirmative and stated that it wasn't a part of the original project documents, but it is an agreement between the Corps and the district. lie didn't know what would happen if the project weren't completed. Council Member Webb stated that he couldn't recall any projects in the past that hauled material directly from the river onto the beaches. lie stated that the previous hauls came from sand that was on the beaches and that they also had short -term impacts. lie expressed his concern for the draft letter stating that the City would never allow trucking of sand on the beach again. lie stated that this wouldn't be appropriate because it might be necessary in the future to deposit sand farther down the beach than can be reached with hydraulic dredging. lie suggested that the letter indicate that the elimination of trucking on the beach is regarding the current project only. Council Member Webb stated that the City needs to attempt to have the material hydraulically placed and that he can't support haying the material trucked onto the beach, unless there is a requirement that it be 96% sand. Volume 56 - Page 1185 City of Newport Beach City Council Minutes August 24, 2004 INDEX Council 1\lember Rosanskv expressed his support for Council Alember \'. ebb's comments, and stated that he also wouldn't want to affect trucking in the future in case it might be needed for a different project, but that he is opposed to it for the current project. Mayor Ridgeway stated that he is no more confident today than he was a couple of years ago that the upper bay dredging project will be funded. He explained that the President does not support the Crops' projects. Mayor Ridgeway stated that there is a severe risk in not doing the replenishment project, because a storm in the future could take away the beach. He asked if the City Council could delay the issuance of an encroachment permit until the meeting of September 14, 2004, Acting City Attorney Clausen stated that Council Member Rosansky's suggestion would be to authorize staff to issue an encroachment permit with the preferred process, as outlined in the draft letter. She stated that if this is done and the Corps cant. comply with the requirements of the encroachment permit, the matter would have to return to the City Council. She stated that. this approach allows everyone the opportunity to work together, and does not make a statement by the City Council that they wont allow the work to be done on the beach. only that the Corps is being asked to explore other options. Mayor Ridgeway expressed his support for such an approach and confirmed that the requirements would include the issue raised by Council Member Webb. Council Member Rosanskv stated that the contractor has indicated that the contract wouldn't necessarily have to be terminated if changes are made. Additionally, Acting City Attorney Clausen confirmed that encroachment permits are issued under a Council - adopted policy, so the City Council is within its authority to place limitations on the permit. Mayor Ridgeway asked for a straw vote of the action under consideration. Council Member Nichols stated that he was undecided. Council Members Webb, Bromberg and Rosanskv, and :Mayor Pro Ten) Adams stated that they were in support of it. Council Member Heffernan asked if the City is contributing any money towards resolving the concerns. City 1v'lanager Bludau stated that staff is only proposing to spend the money that would be needed for a contract oversight. person, Council Member Heffernan confirmed with :\layer Ridgeway that he doesn't feel that. delaying the issuance of an encroachment permit to September 14. '2004, would jeopardize the upper bap dredging project with the Corps, and expressed his support for the action, Mayor Ridgeway expressed his support, as well. Council Member Nichols asked why Dlanager Rossmiller couldn't oversee the project. Ma}`or Ridgeway announced that public comments on the item would be limited to three minutes. Volume 56 - Page 1186 Cite of -Newport Beach City Counci.l Minutes August 24. 5:004 INDEX Jim Brooks expressed his support for dredging the river and depositing the material offshore. He did not support depositing it on the land. Mr. Brooks stated that the Corps made an error when allowing the contractor to bid either method. and the City Council should not worry about its relationship with the Corps when trying to do what's right. He disagreed with some of the statistics that were presented by staff, and stated that they were only best guesses. Michele Brooks stated that the fine black silt from the sand blows into her home and is a result of the material that was deposited on the beach in 1997. She added that she did not receive the noticing that was discussed earlier. She stated that the health and safety of the residents and visitors shouldn't have to be compromised, and that the Cite Council should use stronger language in the draft letter. Council Member Webb confirmed that Ms. Brooks' address was included on the list of those who received the notices. Ms. Brooks stated that the City didn't receive returned mail, so doesn't know how many of the notices actually reached their destinations. Barbara De La Pena stated that the City's statistics are not accurate and are outdated, and that a compromise with the Corps is unacceptable. She stated that sand contains gilt and holds pollutants, and depositing it on the beach would be the equivalent of littering. Everett Phillip: suggested that the City Council consider the least tern island, and the canals and channels in the salt marsh in the draft letter, and that the contract person also take these area: into consideration. Mr. Phillips stated that this is an opportunity to push the Corps to move ahead on the dredging of the canals around ?Newport Shores and the salt marsh. Ann Krueger displaced photos, which showed how much the area is filling up. She stated that ifs a serious problem and that before too long, water won't be able to get out through the storm drain near her house. Jim Hildreth stated that he supports dredging, as long as it is done the right way, and that hydro dredging is not the right way. He stated that the City Council should consider contaminant, when drafting the letter and that testing would be very important. Mr. Hildreth stated that the City should offer a clean environment, and that the letter should mandate that the material be tested. John Olson asked the City Council to also consider dredging the canals and channels in Newport Shores, while the equipment is available. He stated that the area has a potential for flooding. Cathy McQueen thanked the City Council for their effort in truing to keep the sand off the beach and protecting the sea life in the jetty. Dave Bent wanted confirmation that dumping would not begin on September S. 2004. He stated that the Corps has never stated that they Volume 56 -Page 1187 Cite of Newport Beach City Council A inutes August 34, 2004 would stop it, only that they would look at other ideas. Mr. Bent stated that flooding is unlikely during this period of drought, Mayor Ridgeway didn't know if the City's proposed action would stop the work from beginning. Council Member Rosansky stated that he didn't believe that the Corps would force the issue, and that September 8, 3009, is onlc the first date that they could begin depositing sand and not a date that they've set to do so. Mr. Bent expressed his concern for depositing the material on the beach without any cleaning or testing. Charles Darcaya stated that he only became aware of the issue earlier in the day and owns two properties in the area. He stated that the repercussions of the project include the effect it will have on the City's economics and tourism. Jim 1\liller thanked the City Council and those in attendance at the meeting. lgaym• Ridgeway stated that the letter doesn't promise dredging so the equipment mac not be available. He added that trucking can occur under the suggested scenario to the nearshore zone. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: hone Abstain: None Absent.: None P. ITEMS REMOVED FROM THE CONSENT CALENDAR 13. COMMENTS ON DRAFT SUPPLEMENTAL ENA'IRONMENTAL IMPACT REPORT (DSEIR) FOR PELICAN HILL RESORT. Council Member Heffernan asked why the Environmental Quality Affairs Citizens Advisory Committee iEQAC) didn't receive the new Environmental Impact. Report (EIR) to comment on. .Assistant City Bianager Wood explained that the entire Newport Coast development was done with a tiering of EIR's, and that supplemental EIR's were done when more was known about a project. She stated that EQAC reviewed the most recent supplement that analyzed the latest proposal for Pelican Hill Resort. She confirmed for Council Member Heffernan that staff feels this is adequate. Motion by Council Member NVebb to approve and authorize the Mayor to send the comment letter. Council \icmbcr Nichols stated that more time was needed for EQAC to consider the item properly. Volume 56 - Page 1188 INDEX (100 -?004) City of Newport Beach Cite Council Minutes August 24, `A04 In response to Council Member Heffernan's question, Assistant Cite Manager Wood stated that the deadline to receive comments is September 8, 3004. The motion carried by the following roll call vote Apes: Heffernan. Rosanskv. Adams. Bromberg. Webb. Nichols, Mayor Ridgeway Noes: None Abstain: None Absent: None Q. MOTION FOR RECONSIDERATION — None R. ADJOURNMENT at 11:35 p.m in recognition of the contributions of Mayor Pro Tem Adams. The agenda for the Regular Meeting was posted on August 18, 2004, at 2:30 p.m. on the City- Hall Bulletin Board located outside of the City of ?Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on August 20, 2004, at 3:00 p.m, on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 1189 INDEX