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HomeMy WebLinkAbout01 - Minutes - 4-26-05City Council Meeting May 10, 2005 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session April 26, 2005 - 4:00 p.m. DRAFT INDEX 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 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 (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. He 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 Tern 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 Tern 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. Novak 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 '/z 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. Air. 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 '/z 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. nor. 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 (OCVi7D). 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 OCVA'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 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.rrL to Closed Session The agenda for the Study Session was posted on April 20, 2005, at 3:30 p.rrL on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 182 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 26, 2005 - 7:00 p.m. STUDY SESSION - 4:00 p.m INDEX CLOSED SESSION - 6:00 p.m * * * * * * * * * * * * * * * * * ** A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky, Webb, Ridgeway, Daigle. Nichols. Mayor Bromberg Absent: None C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Ridgeway. E. INVOCATION - Associate Pastor Patrick Thompson, Presbyterian Church of the Covenant, Costa Mesa F. PRESENTATIONS Proclamation to Spa Gregories for "Beauty and the Bistro" Day - Mayor Bromberg presented Kathy Leek, Whitney Sears, and Tammy Fulsom with a proclamation. He announced that they treated 12 wives from Camp Pendleton who are also Key Volunteer Coordinators (KVCs) to a spa day at Spa Gregories and lunch at Rouge Bistro. Ms. Leek noted that, if it wasn't for their husbands, we wouldn't be living this hfestyle. Presentation of Sterling Growth Award by the National Arbor Day Foundation - Chief Craig Anthony, California Department of Forestry, announced that the City has received this award for 15 years; however, for 10 consecutive years, the ,City has met a higher standard. He reported that Newport Beach is only the third City in the State that has ever attained this level. Chief Anthony presented the award and banner to Acting General Services Director Pisani, Urban Forester Conway, and Park & Tree Superintendent Lomeli. Presentation from the Newport Beach Chapter of the Surfrider Foundation Regarding "Reusable Plastics" for Beach Maintenance - Ray Halowski introduced the Surfrider members in attendance and reported how plastics affect the beach and ocean. He indicated that, instead of handing out plastic bags and gloves at beach cleanups, they will now be providing canvas bags and cotton gloves. They presented bags, gloves, and Surfrider shirts to Council and staff. Volume 57 - Page 183 City of Newport Beach City Council Minutes April 26, 2005 INDEX Leukemia and Lymphoma Society's Team In- Training Program - Julie Roeder and Michelle Roeder -Pick announced that they became involved after their father passed away. They reported that Team In- Training will hold an informational meeting at the OASIS Senior Center on May 3 at 6:30 p.m. and that people can get more information by calling 888- 535 -9300 and asking for Robin at x422. Library Foundation - Tom Edwards, President of the Newport Beach Library Foundation, presented Board of Library Trustee Chase a check for $37,500. Trustee Chase thanked the Foundation and noted the rising construction costs for the Mariners Library project. She announced that people can drop off donations at the Central Library or any of the branch libraries. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM): Mayor Pro Tern Webb announced that the Boy Scout Sea Base will hold its opening day on April 30 from 10:00 a.m. to 4:00 pm. He noted that the Sea Base is also available to the community. Mayor Pro Tern Webb reported that he recently returned from Ensenada after the Newport to Ensenada Yacht Race He indicated that Mayor Bromberg gave the Mayor of Ensenada a letter which stated that Newport Beach was beginning to look at the process of becoming a Sister City with Ensenada. He stated that this idea really excited them. Council Member Rosansky invited everyone to the West Newport Visioning Meeting on April 27 at 7:00 pm. in the Council Chambers which is being conducted by the. West Newport Beach Association. He stated that discussions include projects that are currently underway or being started in West Newport, and the proposed General Plan alternatives. Further, they will be asking the audience about what they'd like to see and the direction they'd Like to see West Newport take. • Council Member Rosansky announced that the Newport Beach Film Festival is being held until April 30. He noted that he attended the opening night gala and commended Executive Director Schwenk for all his work- Council Member Rosansky reported that he attended Earth Day two weeks. ago in which Surfrider brought about 40 people and Earth Resources Foundation brought over two busloads of people to the pier to clean the beach. • Council Member Heffernan requested a report about the cost overruns for the Mariners Library and how it'll be paid for. • Council Member Heffernan announced that 98 emails have been sent so far to the nbcitvhall('a!vahoo . com email address. He stated that Council will also receive copies of the emails. Volume 57 - Page 184 City of Newport Beach City Council Minutes April 26, 2005 Mayor Bromberg announced that the Balboa Island Art Walk will be held on May 7 on South Bayfront at about 9:00 a.m. I. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 12, 2005. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCES FOR ADOPTION CODE AMENDMENT 2005 -003 ELEVATION DATUM REFERENCE (PA 2005 -047). Adopt Ordinance No. 2005 -4 approving Code Amendment No. 2005 -003. 4. AMENDMENTS TO THE NEWPORT BEACH FIRE AND BUILDING CODES. Adopt Ordinance No. 2005.5. ORDINANCES FOR INTRODUCTION 5. AMENDING CHAPTER 14.36 OF THE NEWPORT BEACH MUNICIPAL CODE TO OBTAIN CONSISTENCY WITH 15 DAY APPEAL PERIOD. Introduce Ordinance No. 2005 -6 amending Chapter 14.36, Section 14.36.060, and pass to second reading on May 10, 2005, 6. AMENDING CHAPTER 13.01 OF THE NEWPORT BEACH MUNICIPAL CODE. Pulled by City Manager Bludau. RESOLUTIONFOR ADOPTION Removed at the request of Council Member Nichols. CONTRACTS AND AGREEMENTS 8. CALTRANS DELEGATED MAINTENANCE AGREEMENT. Approve the Delegated Maintenance Agreement for the collection of litter and debris on portions of Newport Boulevard and Coast Highway controlled by Caltrans within the City. 9. INDUSTRIAL WAY 36 -INCH WATER MAIN — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. Approve a Professional Services Agreement with HDR Engineering, Inc., of Lake Forest, California, for engineering services for the Industrial Way 36 -Inch Water Main Replacement project at a contract price of $121,900 and authorize the Mayor and City Clerk to execute the Agreement. Volume 57 - Page 185 INDEX (100 -2005) (100 -2005) (100 -2005) 1 (100.2005) C -3767 (38/100 -2005) C -3728 (38/100 -2005) City of Newport Beach City Council Minutes April 26, 2005 10. IRVINE AVENUE WIDENING, MESA DRIVE TO BRISTOL STREET — RESOLUTION DECLARING PORTIONS OF IRVINE AVENUE, MESA DRIVE, AND ORCHARD DRIVE TO BE COUNTY HIGHWAYS FOR RIGHT -OF -WAY CONSTRUCTION PURPOSES (C- 3653). Adopt Resolution No. 2005 declaring portions of Irvine Avenue, Mesa Drive, and Orchard Drive from University Drive to SE Bristol Street to be County highways during the right -of -way acquisition and construction of the project. 11. Removed at the request of Council Member Nichols. MISCELLANEOUS ACTIONS 12. BACK BAY SCIENCE CENTER FUNDING. Receive and file. 13. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR FY04 -05 MARINERS LIBRARY PROJECT. Approve a budget amendment (05BA -057) to increase revenue estimates by $37,500 in Account No. 450 -5893 (NB Library Foundation Donations) and increase Mariners Library expenditure estimates in 7451- C5100756 by $7,500 and in 7451- C5100661 by $30,000. 14. APPOINTMENT OF CHAIRMAN FOR THE AD HOC COMMITTEE FOR REVISIONS TO THE ZONING CODE. .Appoint Planning Commissioner Barry Eaton as Chairman of the Ad Hoc Committee for Revisions to the Zoning Code. 15. CONTINUE PUBLIC HEARING FOR PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 SANTA ANA HEIGHTS - MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE (contd. from 3/22/05). Continue public hearing for the proposed Underground Assessment District No. 19, Santa Ana Heights, until June 14, 2005 to allow for noticing of a Public Hearing and presentation of revised Engineer's Report. S23. RF.SOLUTION.NO. 2005 -22 AUTHORIZING THE CITY TO ENTER INTO A NEWPORT BAY COPPER (Cu) STUDY WITH THE STATE WATER RESOURCES CONTROL BOARD. 1) Adopt Resolution No. 2005 -22 authorizing the City Manager to enter into a $75,000 copper study with the State Water Resources Control Board; and 2) approve a budget amendment (05BA -059) accepting $75,000 from the State Board and appropriate funds for this study. City Manager Bludau noted that, if Item 6 comes back, it'll come back during a study session. In response to Dolores Otting's questions, Mayor Bromberg confirmed that Item 6 is not in the City's code book today. Motion by Mayor Pro Tern NVebb to approve the Consent Calendar, except for those items removed (7 and 11), and noting that Item 6 has been pulled. Volume 57 - Page 186 INDEX C -3653 (38/100 -2005) (100.2005) (100 -2005) (100 -2005) Underground Utilities District No. 19 (89/100 -2005) (100 -2005) City of Newport Beach City Council Minutes April 26, 2005 The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None J. PUBLIC HEARINGS 16. JUSTICE ASSISTANCE GRANT. City Manager Bludau indicated that the grant would allow the City to receive $12,474 which would help fund a portion of a position that has been funded under this grant for several years. Mayor Bromberg opened the public hearing. Hearing no testimony, he closed the public hearing. Motion by Council Member Ridgeway to accept funding of the Crime Prevention Program under the provisions of the United States Department of Justice, Justice Assistance Grant 2005-F2899-CA-DJ- The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: 'gone 17. ST. ANDREWS PRESBYTERIAN CHURCH. City Manager Bludau stated that Cuuncil has a narrow procedural focus of whether it will take this issue up at a future meeting or send it to the Planning Commission, not whether the project should or shouldn't be approved. Council Member Ridgeway indicated that Council has received letters from St. Andrews and the opposition recommending that this be sent back to the Commission. Motion by Council Member Ridgeway to refer the St. Andrews application back to the Planning Commission for further consideration. Mayor Bromberg opened the public hearing. Richard England believed that the Commission has already expressed themselves on this issue. He noted that the condition relative to getting approval from the School District has not been met, so Council should deny the application. Mayor Bromberg clarified that the application is not before Council tonight. Volume 57 - Page 187 INDEX (100 -2005) (100.2005) City of Newport Beach City Council Minutes April 26, 2005 INDEX Jim Trammel stated that he is a commercial real estate developer and formerly served as the development manager to the City on Mariners Library and the proposed City Hall expansion study. He recommended that this issue go back to the Commission based oil the current density. Hearing no further testimony, Mayor Bromberg closed the public hearing. In response to Council Member Heffernan's questions, City Attorney Clauson indicated that the condition of getting the School District approval for a long term parking lease was a Commission recommendation to Council; however, Council determined and agreed to a request by the applicant to try to satisfy that condition before Council took up the issue. She reported that Council is now considering whether to set a public hearing to consider the conditions of approval as Approved and recommended by the Commission, or to send it back to the Commission to look at this condition again and consider the applicants request to change that condition to require that they put the parking at the school or be allowed to provide the parking onsite. City Attorney Clauson clarified that Council will be able to review the Commission's recommended action and amend or change the conditions, or deny the project... Mayor Bromberg noted that anything that the Commission does is mostly advisory to Council and the project is basically considered de novo by the time it comes to Council. He assured everyone that Council is not bound to accept anything the Commission does. He explained that he will be supporting the motion because both sides want this to go back to the Commission. Council Member Heffernan etated that he hopes that the church and the neighbors work something out. Council Member Daigle asked what the Commission is going to look at. City Attorney Clauson stated that the applicant has applied for a use permit and a General -Plan Amendment (GPA), and has received a recommended action from the Commission subject to certain conditions. She indicated that the applicant requested that this issue be sent back to the Commission so they could request an amendment to a condition instead of having the Council hearing be the next step. City Attorney Clauson reported that, in addition to that condition, the Commission will need to look at any impacts a change in that condition would have on other conditions and on the entire project. Mayor Bromberg indicated that the Commission will do what it does, the project will ultimately come before Council, and, if both sides can't decide on what they want to do, the City will decide for them. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Volume 57 - Page 188 City of Newport Beach City Council Minutes April 26, 2005 K. PUBLIC COMMENTS INDEX Jim Hildreth stated that City Manager Bludau handed him a note at the last meeting asking him what the City has done illegal. He read Article 10, Section 4 of the California Constitution and stated that Council took the same oath as people with law degrees. He reviewed the history of the access structure at the southwest end of the Grand Canal and read Article 2, Section 30212 of the California Coastal Act of 1976. He indicated that the City said it was going to install access and didn't say anything about a ladder. City Manager Bludau indicated that his note said that. if Mr. Hildreth feels that the City did anything wrong, to take the City to court Dolores Otting stated that the proposed City Hall mar incorporate a 350 space parking structure. However, it was determined at the meeting last night that, if the community center was used and everyone was at work, 331 spaces would be needed. She indicated that she asked if there were any agreements for use of the City Hall parking spaces. She distributed a staff report from the California Coastal Commission that indicates that there is a parking agreement with Marvin Engineering. She stated that people ask her if they're going to vote on the new City Hall. Mayor Bromberg stated that he met with City Attorney Clauson and Assistant City Manager Kiff today about another parking issue and, unless something has changed since 3:00 p.m. today, he reported that there is no parking agreement between the City and Lido Marina Village or Lido Marina Village and anyone else to use parking at City Hall. He noted that the City only has an agreement with St. James Church. City Attorney Clauson reported that Ms. Otting handed out a Coastal Commission staff report and emphasized that it is based on representations made to their staff by Marvin Engineering. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc Gencral Plan Update Committee (GPUC) — Assistant City Manager Wood indicated that the reason for the hiatus was because studies are being conducted following GPUC, the Planning Commission, and Council developing land use alternatives. She reported that the General Plan consultant, EIP, is looking at the potential environmental impacts and is running the fiscal impact model and:the traffic model with all the alternatives. She stated that they presented the results of the analyses yesterday afternoon with the raw trip generation numbers and the preliminary environmental analysis. She added that this information was also presented to the General Plan Advisory Committee (GPAC) in the evening. Mayor Bromberg stated that the next meetings will be held on May 2, 9, and 16 at 4:00 p.m. in the Friends Room at the Central Library. Local Coastal Program Certification Committee — Council Member Ridgeway indicated that the May 3 meeting has been cancelled. He stated that, once staff finishes a report, the public will be notified of the meeting. Newport Coast Advisory Committee (NCAC) — Council Member Heffernan stated that, following NCAC presenting a site plan for the proposed community Volume 57 -Page 189 City of Newport Beach City Council Minutes April 26, 2005 center with 93 spaces to Council about a month ago and being denied, they revised the site plan with 123 spaces which moves the baseball diamond to provide an extra lane of parking. He noted that the plan is still going through final revisions and then needs approval by the Newport Ridge Community Association. He indicated that this will be discussed on May 2 at 5:30 p.m. at the Newport Coast Elementary School. He added that they will also be discussing the diversion of Newport Coast students to Lincoln Elementary School. He noted that this is a School District issue. Mariners Joint Use Library Ad Hoc Steering Committee - Mayor Pro Tem Webb stated that construction is moving forward. City Centennial 2006 Committee - Mayor Pro Tem Webb reported that all the subcommittees are working on the Centennial and there will be a presentation at a study session to discuss the activities, events, and the proposed budget. City Council/Citizens Ad Hoc Committee for Marina Park Planning - Mayor Bromberg reported that they met a few days ago. He noted that the committee has 14 members and they meet every 3m Tuesday of each month. The next meeting is May 17 when they will start receiving presentations on what people want to see at Marinapark. City Council Ad Hoc Marina Park Advisory Committee - Council Member Ridgeway reported that the committee met with the Cicy Attorney and, at the next Council meeting, they will bring up the issue of closure of Marinapark. Public Outreach Meetings Regarding City Hall - City Manager Bludau reported that there have been four public outreach meetings over the last month in which 10, 90, 75, and 45 people attended, respectively. He stated that this issue is coming back to Council on May 10 and indicated that Roger Torriero will provide a presentation on the three concept.;, including costs. He indicated that all of the public input will be summarized and provided to Council in the staff report. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR APRIL 21, 2005. Regarding the Zinc Cafe (Item 3), Planning Director Temple stated that this use permit was previously approved by the Planning Commission. However, at the time of approval, there were concerns from the neighbors about the proposed expansion of the hours of operation. She stated that the Commission wanted to revisit their approval to make sure the conditions were working effectively. She indicated that they discovered that there were a few conditions of approval that weren't fully complied with, so staff worked with the business owner and got most of the conditions addressed. She reported that the Commission wanted all deliveries to occur within the business' parking lot but many of the trucks were too large, couldn't negotiate the parking lot, and ended up backing out of the parking lot onto Coast Highway. She reported that the Commission believed the applicant should review his operation and, if necessary, request the Commission to reconsider conditions of approval. She stated that the Commission required another review of the use permit Volume 57 - Page 190 INDEX (100 -2005) City of Newport Beach City Council Minutes April 26, 2005 in a year. She confirmed that this condition came about because the neighbors were complaining. She noted that businesses are allowed to use public alleyways for limited periods of time to receive deliveries. Council Member Daigle asked if there were any complaints about the bottles clanking in the morning. Planning Director Temple stated that they have not heard about this and, if they did, they would have Code Enforcement review the situation. Council Member Nichols stated that, with the new abutments along Coast Highway, it has become hard for semi - trucks to get onto the highway. Planning Director Temple stated that Item 4 was for a use permit to allow a portion of an office building in Santa Ana Heights to he converted to medical office use. She indicated that this request was approved. Regarding St. Mark Presbyterian Church (Item 6). Planning Director Temple stated that, in order to minimize the amount of soils export, portions of the site were suggested to be raised which would slightly alter the elevation of the berms and other screening landscaping and the overall height of the building as seen from Coast Highway. She indicated that the Commission didn't see a problem with this and referred the determination to staff. Regarding the Newport Lexus project (Item 5), Planning Director Temple reported that the Commission was interested in the ingress, egress and onsite circulation, and recommended approval of the project. She stated that this will come before Council on May 10, and Council will be asked to consider the Commission's recommendation of a General Plan Amendment (GPA), amendment to the zoning. a use permit, a traffic study, and certification of an Environmental Impact Report (EIR). Council Member Heffernan believed that this seems like a fast track. City Manager Bludau noted that the direction from Council was to move ahead quickly and added that there wasn't as much contention on this project as seen on other projects. He stated that an amended sales tax agreement will be coming back to Council within the next two meetings. Council Member Heffernan added that the reason Lexus wants the agreement changed is because the cost of construction has gone up, their project costs have increased, and they want a bigger share of the sales tax from the City, Council Member Nichols stated that the project is going to have a large garage that is very visible. Further, he believed that it will be three stories and have the ability to be extended to five stories without needing to comeback to the City. Mayor Bromberg noted that those issues will be part of the staff report when it comes back. Assistant City Manager Wood indicated that Council Member Nichols can review the plans with staff. N. CURRENT BUSINESS 19. APPROVAL OF AGREEMENT NVITH GRANICUS, INC. FOR THE PURCHASE OF A VIDEO STREAMING SOLUTION AND APPROVAL OF BUDGET AMENDMENT. Volume 57 - Page 191 INDEX C -3769 (38/100 -2005) City of Newport Beach City Council Minutes April 26, 2005 INDEX Council Member Daigle reported that this item comes from the Website Review Committee to try to apply technology in ways that more efficiently manages, delivers, and expands public access. She noted that Irvine has this technology and Costa Mesa is considering it. Council Member Ridgeway stated that this technology provides anyone 24/7 access to Council meetings. Tom Spengler, Chairman and CEO of Granicus, reported that this technology is somewhat a reaction to the fact that more people are getting satellite dishes and not using cable television, which means they no longer get Council meetings or government programming. He stated that they are trying to leverage the content that goes on the cable channel to a broader audience and provide access anytime over the web. He indicated that, with this solution, everything becomes available on the web and people will have the ability to see it live and to pull up a particular meeting and agenda item on demand. He stated that there are also substantial time savings due to the workflow tools Mr. Spengler provided a demonstration of the technology by displaying the archive listing and search function Pasadena uses; Santa Monica's homepage where they have a "jump to" listing underneath the video which can shift the video to that particular agenda item and also shows the agenda or minutes which are linked to the staff report; the live streaming from tonight's Irvine meeting; and archive meetings from Long Beach and the link between the agenda item, video, and minutes. He noted that they include the closed captioning in the video streaming that is used on the cable channel and added that this is also searchable. He indicated that Windows Media Player is needed to_view the video, but it's a Microsoft product that is installed on about 99% of computers since Windows 95. He added that its also a free download. He reported that Granicus sends out the video on a broad bandwidth and the Windows Media Player does an automatic degradation to the best quality that the end user can get. In response w Council questions, Mr. Spengler stated that distributing video to a decent sized audience requires a lot of bandwidth. He reported that the $1,400 monthly fee includes Granicus hosting all the video files for a year without it impacting the City's network. He added that the monthly fee also includes 24/7 support and all the software upgrades. He clarified that, after a year, the video will be stored on a server onsite. He stated that the video will still be viewable but the user would use the City's network to view the meeting. He indicated that the number of requests. after a year go down and so the impact to the network is minimum. He stated that this is the most cost effective way to store them long term. He indicated that Granicus monitors, the system and will be able to fix almost all the problems, but City staff will be deploying the hardware. He reported that, if the City terminates its contract, the City keeps all its contents. He stated that they work with about 35 cities and counties in California and they have never lost a contract with any city. In response to Council Member Heffernan's question regarding how this affects the City Clerk's office, City Clerk Harkless reported that, since the video and audio will be stored permanently, the minutes will be cut down substantially and be more action -type minutes with some annotations Volume 57 - Page 192 City of Newport Beach City Council Minutes April 26, 2005 INDEX since people will be able to listen to the actual dialogue. She noted that the way her office produces the minutes now is very time consuming and limits them from doing anything else. Mr. Spengler reported that their office will be provided with a minutes annotation tool to record motions, votes, and notes that link to the video. City Clerk Harkless confirmed that this complies with the Charter relative to recordkeeping. Council Member Nichols asked if it would be faster to get the video through Granicus' website than through the City's website because they have a bigger data center. Mr. Spengler indicated that end users would go to the City's website to view a video since the speeds are similar. He indicated that the City's system will be the same as Irvine and Long Beach. Mr. Spengler reported that, if Council approves this tonight. they could implement it in about 30 days. He stated that the audio and video signal is the same signal that is sent out for cable television. go they will not need to install any new cameras or audio equipment. City Clerk Harkless reported that video streaming can also be used for other meetings and City projects /videos. She stated that the contract is unlimited as far as what Granicus hosts for the City. Mr. Spengler reported that he spoke with. the Fire Department's Public Information Officer who is interested in displaying videos online for training and public education purposes. He staied that they give the City incentive to do as much with the system as it can. Dolores Otting stated that this is a great idea: however, expressed concern for people who don't have computers. She stated that she wants to see this system enhance what the City already does. Council Member Ridgeway reported that all the lihrarieo have free computer service for residents. Council Member Heffernan requested and received confirmation that this system.will not replace the cable coverage, but will provide the public with internet access to meetings. Motion by Council Member Daigle to 1) approve the contract with Granicus, Inc. for the video streaming solution and authorize the Mayor and the City Clerk to execute the contract ($42,367.13); 2) direct staff to proceed with the purchase of additional hardware as required ($7,000); and 3)'approve a budget amendment (05BA -056) transferring $42,367.13 from the Unappropriated General Fund reserves to 0630 -8080 and $7,000 from the Unappropriated General Fund reserves to 0630 -9000. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Volume 57 - Page 193 City of Newport Beach City Council Minutes April 26, 2005 20. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENT COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2005. Mayor Bromberg noted that there are a number of people who cannot be reappointed because they've reached their term limit. He indicated that the three Council Member committee will select at least two applicants for each open position and forward the list to Council for appointment. He noted that any Council Member can add a name. He reported that he would like to appoint Council Members Rosansky, Daigle, and Ridgeway to the Ad Hoc Appointment Committee. Motion by Mayor Pro Tern Webb to confirm the N-7ayurs appointment of Council Members Rosansky, Daigle, and Ridgeway to serve on the ad- hoc appointments committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2005. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, \i'ebb, Ridgeway. Daigle, Nichols, Mayor Bromberg Noes: '_None Abstain: None Absent: None 21. PROFESSIONAL SERVICES AGREEMENT WITH ROMA DESIGN GROUP TO PREPARE PERFORMANCE CRITERIA FOR EVALUATING RESIDENTIAL DEVELOPMENT PROJECTS IN THE AIRPORT AREA, AND BUDGET AMENDMENT TRANSFERRING $88.960 FROM UNAPPROPRIATED GENERAL FUND RESERVE. Assistant City Manager Wood stated that the City is in a long comprehensive General Plan Update process; however, the development community doesn't wait for this process to conclude and may not want to do things that are consistent with the existing General Plan. She indicated that, although the City is looking at the possibility of residential development in the airport area, the City alreadv has one application for residential development and staff has been contacted by other developers who are interested in this. She stated that some members of the Planning Commission and Council indicated that they're not sure how to evaluate these projects because there are no standards for residential development in that area. She reported that Council Member Daigle began working with ROMA Design Group on how they could help the City with this. She stated that the proposal is for them to prepare performance criteria for the possibility of residential development in that area. She indicated that this will help with the evaluation of individual projects and will also help staff as they write policies for the General Plan if it is determined to allow for residential development in the airport area. She indicated that they are recommending a budget amendment for $88,960 but there is a possibility Volume 57 - Page 194 INDEX (100 -2005) C -3770 (38/100 -2005) City of Newport Beach City Council Minutes April 26, 2005 INDEX that the Orange County Redevelopment Agency may reimburse the City. Philip Bettencourt indicated that he is speaking on behalf of Brookfield Homes and the Fletcher Jones family. He stated that their concern isn't about the contract but that the application continues to move forward and receive a fair and timely hearing. He listed the documents that they have already filed. He noted that Council has already approved the site for a 300+ unit extended stay hotel. Dolores Otting expressed concern that this contract did not go out for proposal and there was no scope of work because this needed to be done in a hurry. She stated that Irvine is doing the same type of study in the Irvine Business Complex (IBC) and believed that the City was supposed to have more talks with surrounding cities. She noted that there are restrictions regarding redevelopment agency money and stated that this is not in the redevelopment area. She expressed .concern that the City is spending $88,000 when it might have saved $10,000 or $12,000 if it'got proposals. She stated that there is nothing in the contract about a contingency, the address is incorrect, there is no scope.of work, and the City is giving them until December 2005 before the agreement is terminated. She asked why we're allowing them to finish in December if we need it done in four months. She indicated that there was an amended contract tonight and requested an explanation of what has changed. She added that Exhibit B was missing. Mayor Bromberg indicated that the scope of work is on the front page. Assistant City Manager Wood stated that the amended agreement includes clarification on the time to complete the process and includes Exhibit B. She reported that she spoke with Dave McEwan, special counsel on redevelopment agency matters, who confirmed that this would be an appropriate use of redevelopment funds because redevelopment agencies have a duty to provide affordable housing. Further, the Housing Element has an inclusionary housing program so any housing that might result from. this would provide some affordable units that would assist the project area. She added that she will correct the noticing address in Section 26 Motion bv— Council Member Ridgeway to 1) approve the Professional Services Agreement with ROMA Design Group to prepare performance criteria, at a fee not to exceed $88,960; 2) approve a budget amendment (05BA -058) transferring $88,960 from Unappropriated General Fund Reserve to Planning Account 2710 -8080 Services — Professional & Technical; and 3) direct staff to seek reimbursement for project expenses from the Orange County Development Agency's redevelopment funds. In response to Council Member Nichols' questions, Assistant City Manager Wood explained that the study will hopefully help them determine which sites within the airport area may be appropriate for residential use. She indicated that, so far in the overall General Plan Update process, they developed a number of land use alternatives that they are studying the impacts of. She reported that two of the alternatives for the airport area include the possibility for residential use. Council Member Daigle added Volume 57 - Page 195 City of Newport Beach City Council Minutes April 26, 2005 INDEX that this item is primarily responding to the fact that the City has applications to put housing in the airport area. She pointed out that the General Plan Update process is at a different stage and cannot look at criteria. She explained that a criteria is applied when you have a project before you. She added that the General Plan will establish the densities and intensities that are appropriate and this will correlate and sync with the Circulation Element. In response to Council questions, Council Member Daigle indicated that they had conference calls with EIP who are collaborating in this process. Assistant City Manager Wood reported that EIP's focus is more land use and planning, while ROMA's focus is architectural and urban design. She stated that she is hopeful that, when they get going on this project and they start to exchange information, the City may not end up spending the full not -to- exceed amount because ROMA will find that EIP has already done some of the analysis and information gathering. She confirmed that the contract has a requirement to work with City staff and other consultants that are employed by the City. City Manager Bludau indicated that staff can also determine if there are areas of duplication. Assistant City Manager Wood stated that she agrees with Mr. Bettencourt that their application is entitled to a timely review and hearing. She added that, hopefully by the time the project is ready to go to a hearing, they will have something helpful for the Commission and Council to use. She indicated that the Brookfield project has a General Plan Amendment (GPA), Planned Community Text Amendment, and Tract Map. She noted that, when the City started the General. Plan Update process, the direction was to continue to process development applications and GPA applications as it normally would regardless if an update process is underway. Mayor Bromberg added that the City cannot tell people they cannot submit an application to do something on their property because there will be a General Plan in a year and a half. Assistant City Manager Wood noted that this is the only application on file but they have been contacted by other property owners and potential developers who are interested in developing other sites. She stated that the Brookfield hearing will occur prior to ROMA finishing their work. City Attorney Clauson indicated that this application requires a GPA, so it's up to the property owner to decide at what point they think the Commission and Council are prepared to adopt a GPA to change the zoning to residential. She stated that, if they insist on processing this to you and you don't feel you're prepared to change the zoning to residential because you need more information, they may not get approval of the GPA. She indicated that it'll be up to Council to do the analysis based on the information they have today. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Volume 57 - Page 196 City of Newport Beach City Council Minutes April 26, 2005 22. RESOLUTION NO. 2005 -23 RELATING TO THE ACCEPTANCE OF EASEMENTS AND FEE OWNERSHIP OF LAND IN BUCK GULLY AND THE NEWPORT COAST. Assistant City Manager Kiff stated that, when the City annexed Newport Coast, it knew that a large part of it was privately held or held by the County as a part of their open space reserve program. He indicated that the City has had continuous talks with the County about what it thought was appropriate to do in the five view parks, as well as Buck Gully. He stated that, through those discussions, they analyzed the revenue from the facilities and the County sent a letter offering to transfer the open space and scenic easements to the City, effective July 1, 2005 pending Council's approval of the recommendation. In response to Council Member Nichols' questions, Assistant City Manager Kiff reported that the resolution transfers ownership of the five view parks and the portion of County -owned Buck Gully to the City. He stated that it would be the City's decision whether to operate them in accordance with the Nature Reserve of Orange County (NROC) Guidelines. He indicated that the City could submit a proposal to the resources agencies to put a road there, but roads in the Gully are difficult to do because of the restrictions from the Department of Fish and Wildlife on coastal sage scrub and restrictions by the..Department of Fish and Game if the City alters the streambed. He confirmed that the City can use the Fire Department's authority to upkeep the land to prevent fires without creating erosion. In response to Mayor Pro Tern Webb's questions, Assistant City Manager Kiff stated that the view parks on San Joaquin Road and Newport Coast Drive have parking, but the other three are only accessible via the sidewalk. He indicated that traffic engineering would need to determine if parking can be allowed on the street adjacent to the park to allow public access since the streets are fairly fast. He stated that there is no community association restrictions on the view parks that would prohibit the City from installing a turnout or safe parking area, but there could be a Natural Communities Conservation Plan (NCCP) restriction. He believed that the more the City encroaches into the view parks and canyons, it risks an NCCP problem. However, he believed that the City might be able to do that if it can find a way to use the existing road or go into the right -of -way. In response to Council Member Heffernan's questions, Assistant City Manager Kiff reported that there are water quality issues at the lower part of the Gully and into the Area of Special Biological Significance (ASBS) off of Little Corona. He stated that there is a scenario that sees the City responsible for restricting flows into the Gully in order to control the flows into the ASBS. He believed that, because of this, the City should have control over the Gully as a whole so it could better control some of the flows coming into the Gully. He indicated that the Gully was a dry water course naturally, but the residences around it are producing the water in the Gully. However, with ownership the City has better control going upstream and could potentially do a water quality treatment facility or put in a storm drain -to -sewer diversion. He confirmed that the City Volume 57 - Page 197 INDEX (100 -2005) City of Newport Beach City Council Minutes April 26, 2005 becomes the police and landowner, and won't need to ask anyone for permission to implement a solution. Motion by Council Member Ridaeway to adopt Resolution No. 2005 -23 authorizing the City to accept title of certain easements and land in Buck Gully and the Newport Coast. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle. Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None O. ITEMS REMOVED FROM THE CONSENT CALENDAR INDEX RESOLUTION NO. 2005 -20 RELATING TO APPLYING FOR (100 -2005) WATER QUALITY GRANTS FROM THE STATE WATERI RESOURCES CONTROL BOARD. Council Member Nichols believed that, by accepting these grants, the City is becoming the cop for everyone. He expressed concern that Newport Beach seems to always be the first city with these restrictions which means it pays a lot more for it. City Manager Bludau reported that there will probably be increasingly stronger regulations about cleaning water flows to the ocean and fresh water. He stated that, if the City is on the cutting edge now. in trying to do something about it, there are grant moneys available to help it do things that will be required of others in the years to come. However, if the City waits until the regulations are imposed on everyone, there will be very. little money available. Assistant City Manager Kiff added that, with the two studies, the City is trying to show the State Water Board with the science that exists today that the natural water courses don't have a deleterious impact on the receiving waters. He.noted that the strategy is to use the State's money to prove this. He indicated that they would love to clean up the water, but the most reasonable approach is to show how that water doesn't actually pollute the ocean in a way that significantly damages those resources. Motion by Mavor Pro Tem Webb to adopt Resolution No. 2005 -20 authorizing the City to apply for water quality grants under the Integrated Regional Water Management Program of the State Water Resources Control Board. The motion carried by the following roll call vote Ayes: Heffernan. Rosansky, Webb, Ridgeway, Daigle. Nichols. Mayor Bromberg Noes: None Abstain: None Absent: None Volume 57 - Page 198 City of Newport Beach City Council Minutes April 26, 2005 11. MARKETING PROPOSAL FOR FIRST ANNUAL NEWPORT BEACH CONFERENCE ON WOMEN. Council Member Nichols believed that this proposal seems to have merit and was developed by people in the community. Council Member Daigle stated that the conference is intended to be very informative and inclusive. She indicated that the keynote speaker is Ann Meyers of ESPN. Motion by Council Member Ridaewav to approve the agreement City Attorney Clauson recommended that the agreement be amended to include a not -to- exceed cap on the contract and to reduce the 60 day notice to cancel to 10 days. City Manager Bludau added that the City Manager should sign the contract. Council Member Rideeway amended his motion as recommended The motion carried by the following roll call vote Ayes: Heffernan, Rosansky. \i'ebb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None P. MOTION FOR RECONSIDERATION - None. Q. ADJOURNMENT - at 9:34 p.m. in memory of Bob Squires. The agenda for the Regular Meeting 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. The supplemental agenda for the Regular Meeting was posted on April 22, 2005, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 57 - Page 199 INDEX C -3768 (38/100 -2005) City of Newport Beach City Council Minutes April 26, 2005 INDEX THIS PAGE LEFT BLANK INTENTIONALLY Volume 57 - Page 200