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HomeMy WebLinkAbout04/26/2005 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 26, 2005 - 7:00 p.m. STUDY SESSION - 4:00 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, 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. 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 lifestyle. 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 vears, 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 INDEX 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 ('.VON- DISCUSSION ITEM): Mayor Pro Tem Webb announced that the Boy Scout Sea Base will hold its opening day on April 30 from 10:00 a.m. to 4:00 p.m. He noted that the Sea Base is also available to the community. Mayor Pro Tent 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 p.m. 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 nbeitvhallP ahoo.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. 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 3. CODE AMENDMENT 2005 -003 - ELEVATION DATUM REFERENCE (PA 2005 -047). Adopt Ordinance No. 2005 -4 approving Code Amendment No. 2005 -001 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. RESOLUTION FOR ADOPTION 7. 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) (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- 3411). 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 3122/05). 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. RESOLUTION 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 Webb 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 (38/100 -2005) (100 -2005) (100 -2005) (100 -2005) Underground Utilities District No. 19 (891100 -2005) C -3817 (381100 -2005) City of Newport Beach City Council Minutes April 26, 2005 The motion carried by the following roll call vote: Ayes: Heffernan, Bromberg Noes: None Abstain: None Absent: None J. PUBLIC HEARINGS Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor 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: None 17. ST. ANDREWS PRESBYTERIAN CHURCH. City Manager Bludau stated that Council 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 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 on 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 applicant's 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 stated 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 Citv 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 INDEX 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 may 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 Clausen 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 General 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 Coinniittee (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 - 1\layor Pro Tom Webb stated that construction is moving forward. City Centennial 2006 Committee - Mayor Pro Tom 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 3rd 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 City 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 concepts, 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 be 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 come back 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 WITH 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 11013%.4 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 it's 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 to 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. Citv 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, so 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 Citv 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 stated 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 libraries 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 Daiale 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 Mavor Pro Tern Webb to confirm the Mayor's 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, Webb, 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 already 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 by Council Member Rideewav 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 ESP's focus is more land use and planning, while ROA'L9'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 Clausen 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 zz. 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 Tem W ebb'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 Ridgeway 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 7. RESOLUTION NO. 2005 -20 RELATING TO APPLYING FOR WATER QUALITY GRANTS FROM THE STATE WATER RESOURCES CONTROL BOARD. Council Member Nichols.believed that, by accepting these grants, the City is becoming the cop for everyone. He expresse& 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 Mayor Pro Tern 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 INDEX C -3844 (38 /100 -2005) 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 Ridgeway to approve the agreement. City Attorney Clausen 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 Ridgeway amended his motion as recommended The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, 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.rrL 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. ity Clerk b/p✓U�'' Recording Secretary Mayor p 1 ^W 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