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HomeMy WebLinkAbout04/26/2005 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session April 26, 2005 - 4:00 p.m. ROLL CALL Present: Heffernan (arrived at 4:10 p.m.), Rosansky, Webb, Ridgeway, Daigle, Nichols (arrived at 4:05 p.m.), Mayor Bromberg Absent: ?none CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None 2. REGULATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES. City Manager Bludau explained that the issue was agendized in response to an interest by several council members in learning what regulations exist for Segways and if any regulations should be adopted by the City. Deputy City Attorney Ohl stated that the staff report includes a photo and information on how Segways operate. Additionally, a Segway demonstration occurred outside the Council Chambers prior to the meeting. Deputy City Attorney Ohl stated that Segways are relatively new devices and are defined in the vehicle code as pedestrians. The vehicle code gives local entities the authority to regulate the devices. In response to Council Member Ridgeway's question, Deputy City Attorney Ohl stated that he received input from the Police Department, Public Works and the internet in preparing the staff report. Council Member Ridgeway noted that his district includes the boardwalk and the two piers, and that the boardwalk is narrow and the area around the piers is crowded. Max Liskin provided a handout and stated that he is concerned about the Segways. Mr. Liskin stated that motorized scooters are currently prohibited on the boardwalk, but Segways did not exist when the code was written. He listed several reasons why motorized scooters are not allowed on the boardwalk and felt that Segways should be prohibited for the same reasons. Mr. Liskin stated that Segways were designed to ease urban congestion and provide an alternate to using cars. The devices can weigh over 300 pounds and can reach 12.5 miles per hour. Additionally, he stated that they make very little noise when coming upon someone and can cause accidents. Dorothy Beek stated that Segways are not appropriate for the Ocean Front sidewalks. She stated that they are intimidating and too big for the crowded sidewalks. She agreed with the comments made by Mr. Liskin and stated that the residents on the peninsula are not in favor of them. James Headley-, co -owner of Segway Orange County, stated that Segway Orange Volume 57 - Page 175 INDEX (100 -2005) City of Newport Beach Study Session Minutes April 26, 2005 INDEX County signed a three -year lease on the Balboa Peninsula on January 1, 2005. Be provided a handout and stated that, in 2002, the City of San Francisco adopted an ordinance to prohibit Segways on the sidewalks, but rescinded parts of that ordinance after the State defined Segways as Electric Personal Assistive Mobility Devices (EPAMD). Mr. Headley noted that his company will not offer Segway rentals because the use of the Segway and safety- can not be assured. He stated that prohibiting Segways on the boardwalk will restrict those that want to use Segways as an alternate form of transportation. In conclusion, he stated that the Segways are pedestrian - friendly and safe, and that he could provide additional information to support this. Louise Fundenberg, President of the Central Newport Beach Community Association, asked the City- Council to adopt an ordinance prohibiting Segways on the boardwalk. Dick Burke, co -owner of Segway Orange County, stated that the maximum speed that the Segways can travel is 12.5 miles per hour. He further explained that Segways come with three keys. The black key allows a maximum speed of 6 miles per hour and the yellow key allows a maximum speed of 8 miles per hour. Mr. Burke stated that bicyclists, in -line skaters and surrey users exceed the speed limit on the boardwalk and pass him when he is on a Segway. Chuck Grimley stated that he has a degenerative arthritic hip that limits how far he can walk. He stated that he owns a Segway and has benefited greatly from it, and would disagree with an ordinance that would prohibit him from getting around. He stated that Segways don't pollute, cause traffic or take up parking spaces. Mr. Grimley agreed that there is an enforcement problem on the boardwalk, and that he is often passed by bicyclists when using his Segway. He stated that the average Segway owner is 55 years of age, and exercises safety and common sense. Tim Kovak stated that he has a bad back and is also a Segway owner. He stated that it has benefited him greatly, and he has never heard a negative comment. He noted that he has also spoken to the Police Department and they are in favor of them too. Mayor Bromberg confirmed with City Attorney Clauson that Segways are allowed on the streets. He noted that sidewalk widths vary throughout the City, and stated that he recently rode a Segway and felt that it was fun and safe. He didn't, however, feel that they would be appropriate in all locations and are more difficult to control than bicycles because they are motorized. He stated that Segways are not compatible in areas heavily used by bicyclists or pedestrians, but are appropriate for use on the streets. In response to Council Member Rosansky's question, Deputy City Attorney Ohl stated that bicycles, rollerblades, razors and pedestrians are currently allowed on the boardwalk. Council Member Ridgeway stated that skateboards are not allowed on the boardwalk because they can roll free from the rider and are a danger to pedestrians. He agreed with the comments of Mayor Bromberg and stated that there is an inherent incompatibility with Segways on the sidewalks in the Ocean Volume 57 - Page 176 City of Newport Beach Study Session Minutes April 26, 2005 INDEX Front, Bay Front, Newport Pier, Balboa Pier, Balboa Fun Zone, McFadden Plaza and Marine Avenue areas. Council Member Ridgeway stated that the boardwalk is only eight feet wide and can get very crowded. Although the State has defined Segways as EPAMD's, he stated that they are still motorized vehicles. He noted that Segways can be used on the streets, and expressed his support for regulating them in other areas due to safety concerns. Mayor Pro Tem Webb stated that the width of a Segway is not much greater than the width of the individual using it. In addition, they are easy to stop, easier to control than a bicycle and more compatible than a bicycle in a crowded pedestrian area. Mayor Pro Tem Webb stated that the concerns aren't yet justified and it might be better to allow their use for a summer to determine if the concerns are real. He stated that requiring that they be used in the streets presents other dangers. Lastly, he stated that if Segways are going to be restricted, the handicapped should be accommodated and excluded from the ordinance. In response to Council Member Ridgeway's question, Mr. Headley stated that a Segway is approximately 25 inches wide and 19 inches, front to back. Council Member Ridgeway noted that if the rider falls off, the Segway does come to a stop but it falls forward. In response to City Manager Bludau's question, Mr. Headley stated that a Segway weighs approximately 83 pounds with a maximum carrying capacity of 260 pounds. Mayor Bromberg stated that one or two Segways might not be a problem, but as they increase in number, it could become an issue. He asked if the Police Department had a position on the matter. Police Chief McDonell stated that the Police Department has no position on the matter yet, and that they are not aware of any recorded accidents involving Segways. He agreed that as the number of Segways increases, it could become a more significant issue. In response to Council Member Rosansky's question, Police Captain Newman stated that there were a few injury - related bicycle accidents on the boardwalk the previous year. Council Member Daigle asked what the Police Department felt about Segways being used in the streets. Police Chief McDonell stated that it could be problematic. Council Member Rosansky asked if either Mr. Grimley or Mr. Kovak had a handicapped placard. Both responded in the negative from the audience. Council Member Rosansky stated that he doesn't feel that Segways are any more dangerous on the boardwalk than bicycles for a number of reasons. He agreed with an earlier comment that more experience is needed before the City decides to ban them. He also felt that they should be banned wherever bicycles are banned to preserve the pedestrian character of those locations. Mayor Pro Tem Webb stated that bicycles are not allowed on the sidewalks in the City unless the sidewalk has been specifically designated for bicycle riding. City Attorney Clauson explained that bicycles are considered vehicles in the vehicle code. Council Member Heffernan suggested that the issue return to the City Council for Volume 57 - Page 177 City of Newport Beach Study Session Minutes April 26, 2005 action. Mayor Bromberg suggested that several options be presented to the City Council. 3. SUPPORT FOR CONTINUATION OF MEASURE M FUNDING. Using a PowerPoint presentation, Monty Ward, Director of Special Projects for the Orange County Transportation Authority (OCTA), stated that Measure M, which was approved by the voters in November, 1990, imposes a '/2 cent transportation sales tax for twenty years in Orange County. He stated that it has increasingly become the most important and reliable source of funds for the County's highways, streets, roads and transit system, and that the tax can be extended beyond 2011 with a 2/3 majority voter approval. Mr. Ward displayed a pie chart showing that 43% of the funds go to freeways, 32% to streets and roads, and 25% to transit programs. He stated that several controls, safeguards and requirements were included in the measure to ensure that the money would be spent as planned. Mr. Ward displayed the list of projects that were intended for Measure M and the status of each. He noted that most of the projects have been completed and the three major projects that are still pending, which include State Route 22, the northern part of Interstate 5 and Centerline. He then displayed a list of what would not have occurred without Measure M. Mr. Ward displayed a graph showing OCTA's current funding levels and explained that when Measure M sunsets in 2011, OCTA will rely on funds from federal, state and other local sources. He stated that this will only allow OCTA to perform maintenance and some rehabilitation, but no new capacity construction. He displayed a graph showing the percentage of growth expected in Orange County from 2000 to 2030 in terms of population, jobs, housing and traffic. He noted that housing will not keep up with the population growth, which means that traffic will increase substantially. Mr. Ward stated that the possibility of extending Measure M is currently being looked at so that transportation investments can continue to be made. He stated that the requirements to get this done include a new investment plan being approved by a majority of the city councils, the County Board of Supervisors and the OCTA Board. He displayed what the revenue potential would be for various extension lengths. Mr. Ward displayed a list of counties that had '/z cent sales tax increases on the ballot in 2004. Of the five that extended an existing sales tax, all five were approved by the required 2/3 majority. Of the five that were creating a new tax, two were approved. He stated that seventeen counties in the State have a local transportation sales tax. All of the counties in the immediate area, San Bernardino, Riverside, San Diego and Los Angeles, have the sales tax. Mr. Ward displayed the results of polling that was conducted in several counties in regard to voter disposition on the potential for a '% cent sales tax increase compared with the outcome of the vote. Mr. Ward displayed the findings that the OCTA Board used when determining that a new transportation investment plan should be developed and the key steps Volume 57 - Page 178 INDEX (100 -2005) City of Newport Beach Study Session Minutes April 26, 2005 INDEX to developing such a plan. Additionally, he displayed the timeline for the various activities that would have to take place to get the measure on the :November 2006 ballot. He pointed out that an Environmental impact Report (EIR) will be required. In response to City Manager Bludau's question, Mr. Ward stated that the EIR will be a program level EIR, which means that the projects will have to be described in general terms. Each individual project would have a project level EIR. Mr. Ward displayed the various issues that will have to be addressed with the new plan. Lastly, Mr. Ward displayed the timeline for the next steps in the process. Council Member Ridgeway asked what the City can do to assist in the process. Mr. Ward stated that input and involvement is currently being sought from local officials and community leaders, and when the draft plan is released, comments on it will be sought. Ultimately, approval of the plan will be requested, which will involve the City Council adopting a resolution endorsing that the measure be placed on the ballot. Council Member Ridgeway- asked who is representing the City on OCTA and making sure that the City's position is being articulated. Public Works Director Badum stated that. from a technical aspect, all of the public works directors and city engineers in the County are on a technical advisory committee. Mr. Ward listed the representatives on the OCTA Board from the district that Newport Beach is in. He added that OCTA is partnering with the League of California Cities to get additional city representation. Council Member Ridgeway expressed his concern that Newport Beach is not being represented. In response to Council Member Daigle's question, Mr. Ward stated that the debate continues on regional water quality issues and how, to pay for the improvements that are necessary to meet the standards. An array of possible funding sources have been looked at, including the extension of Measure M. Mr. Ward noted. however, that putting multiple issues together into one measure has not worked in the past. Council Member Daigle expressed her support for Measure M and offered to assist on the OCTA speakers bureau. Council Member Webb asked what effort is being made to inform residents on what Measure M has accomplished so far. He stated that it's an important message and should include not only the freeway projects, but what has been done locally in the various communities. Mr. Ward stated that OCTA is in the process of finalizing a list for each city of what improvements have been made possible by Measure M. Mayor Bromberg suggested that a resolution be brought back to the City Council authorizing Council Member Daigle to speak on behalf of the City Council on the OCTA speakers bureau. City Manager Bludau stated that it can be done by motion and that he'd agendize it for the next meeting under the Consent Calendar. Council Member Nichols expressed his concern for the traffic that still exists in the City and, specifically, the problem at the end of the 55 Freeway, Council Member Heffernan requested that detailed information be provided to the City Council on how Measure M funds will be spent. He pointed out that since it involves taxes, the City Council will need to be as informed as possible prior to making a decision on whether to support the measure. Mr_ Ward stated that the Volume 57 - Page 179 City of Newport Beach Study Session Minutes April 26, 2005 first draft of the investment plan will be available before the end of the current calendar year. He agreed that the City Council will need to be comfortable with it before taking action. City Manager Bludau added that he will include information in his staff report for the next meeting on how the community has benefited from Measure M. 4. WATER RATE PRESENTATION BY OCWD AND MWDOC. Utilities Director Davidson stated that the City buys its imported water from the Municipal Water District of Orange County ( MWDOC) and its groundwater from the Orange County Water District (OCWD). He noted that the City will spend approximately $6 million in the 2005 -2006 fiscal year for purchased water, which will be a $500,000 increase over the previous fiscal year. He noted that the increase in water costs will be passed on to the customers. Using a PowerPoint presentation, Kevin Hunt, General Manager of MWDOC, stated that MWDOC is a member of the Metropolitan Water District of Southern California (MWD). He listed the commitments of MWDOC and stated that MWDOC believes that planning plus investments will result in a reliable water supply for Orange County. He noted that MWDOC supplies Newport Beach with approximately one -third of its total water supply. He displayed a chart illustrating the MWD water rates and the increases that will go into effect January 1, 2006. He explained that the increases are primarily due to investments in infrastructure for water reliability and water quality. Mr. Hunt displayed the rate structure for MWDOC and the increases expected for 2006. He stated that the MWDOC rate increases are due to reliability activity, the opportunities for grants through Proposition 50 and investigation into seawater desalination. Mr. Hunt displayed a graph illustrating the long term projection for water rates. In response to Council Member Ridgeway's question, Mr. Hunt stated that MWD allocated water supply to all of its members based on historic use. The first percentage of water use is at one rate and the rest is at a higher rate, resulting in two tiers. Mr. Hunt stated that the goal is not to buy water at the higher rate, or the second tier. In response to Council Member Heffernan's question, Mr. Hunt stated that his commitment to the MWDOC board is to complete an investigation of desalination opportunities by the summer of 2006. He stated that there is the possibility that water supply from desalination could be cost competitive in the future. He added that he would expect there to be a desalination plant operating in Southern California within the next ten years. Council Member Nichols confirmed with Mr. Hunt that MWDOC sells water to OCWD. After a brief discussion, Mr. Hunt further confirmed that a small part of Prado Dam's function is water conservation, although it is primarily in place for flood control. Using a PowerPoint presentation, John Kennedy, OCWD, stated that OCWD manages the groundwater basin in Orange County and the water from the Santa Volume 57 - Page 180 INDEX (100 -2005) City of Newport Beach Study Session Minutes April 26, 2005 INDEX Ana River that comes into Orange County. He stated that groundwater is cheaper than imported water, and OCWD tries to maximize use of the groundwater basin. He stated that Southern California continues to be in a long -term drought, and two or three winters like the previous one are needed before the groundwater basin will be refilled. He displayed a graph showing groundwater basin levels from 1956 to current, and pointed out that it is still below the desired level. Mr. Kennedy stated that OCWD lost $7.5 million to the State this year in property taxes, and that this loss will be reflected in the OCWD rates as a State imposed surcharge. He displayed graphs showing the fiscal year 2005 -2006 increase and the projected increases through 2010. Mr. Kennedy stated that another important component to OCWD's rate structure is the Basin Production Percentage (BPP). He explained that the higher the BPP, the more groundwater that can be pumped and the lower the overall water supply cost will be to the users. He displayed a graph showing the projections for the BPP and noted the significant increase in 2007 -2008. He explained that this will be due to the groundwater replenishment system project that is currently being done. Lastly, he displayed a list of factors driving up the cost of water. Mr. Kennedy stated that OCWD works closely with the Army Corps of Engineers on the Prado Dam, which is a flood control facility, but OC«'D has received cooperation from the Corps to capture and store some water. Mr. Kennedy stated that environmental constraints make the storage of water behind the Prado Dam difficult. Council Member Nichols asked if the Seven Oaks Dam is also used for storage. Mr. Kennedy responded in the affirmative and stated that Seven Oaks Dam had a structural failure this past winter, which required that large quantities of water had to be released during a short period of time. OCWD does not have the facilities to capture such an enormous flow of water. Council Member Ridgeway confirmed with Mr. Kennedy that Seven Oaks Dam has not been legislatively approved to serve as a retention and conservation dam. Mr. Kennedy added that it is technically to be used for flood control only. Mayor Bromberg stated that the supply and demand for water has changed. Council Member Ridgeway confirmed with Utilities Director Davidson that a mailer will be sent to all water customers providing information on the upcoming rate increases. Mayor Bromberg stated that it'll only be the start. PUBLIC COMMENTS Dale Head, owner of Easy Ride Bicycle Company, stated that his company rents surreys and would like to participate in any discussions about their use on the boardwalk. He stated that the surreys are safe and there have been no reportable accidents. Council Member Ridgeway stated that surreys are prohibited from use on the boardwalk, and complaints have been received about the companies that rent Volume 57 - Page 181 City of Newport Beach Study Session Minutes April 26, 2005 INDEX them not advising their renters of this. Mr. Head provided a handout of what their customers receive and stated that there are also signs informing the customers that surreys are not allowed on the boardwalk. He stated that renters who ride the surreys in the streets, where they are legal, have been advised by the police to return to the boardwalk. He stated that complaints have not been received about surreys being ridden on the boardwalk. Council Member Ridgeway asked Mr. Head to contact him. Council Member Webb stated that he is aware of at least one lawsuit involving a surrey on the boardwalk. He doesn't feel that they are safe anywhere on the peninsula. Mr. Head stated that the lawsuit must have occurred prior to his company going into business. ADJOURNMENT — at 6:00 p.m. to Closed Session The agenda for the Study Session was posted on April 20, 2005, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary SEW Pp�� ✓iL n t i ti o m city Clerk - s Uc,4FO�00` Volume 57 - Page 182