HomeMy WebLinkAbout03/23/2010 - Study SessionCITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
March 23, 2010 — 4:00 p.m.
I. ROL_L_CALL
Present: Council Member Selich, Council Member Rosansky, Mayor Pro Tem Henn, Mayor
Curry, Council Member Webb, Council Member Gardner, Council Member Daigle
City Manager Kiff introduced Interim Fire Chief Parker who provided his background and
experience.
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
In response to Mayor Pro Tem Henn's question, Economic Development
Administrator DeSantis provided the timeline for when the various sections of the
Balboa Village Parking Study will be presented to Council. Council Member
Gardner noted that the Corona del Mar Parking Study also needs to move forward.
Regarding Item 10 (Public Dock Access Improvements), Council Member Daigle
asked whether materials, other than wood, could be considered for the project.
Harbor Resources Manager Miller indicated that future Requests for Proposals
(RFPs) can be written differently; however, the existing docks are currently made of
wood. City Manager Kiff noted that this issue can be considered by the Harbor
Commission.
In response to Council Member Gardner's question regarding Item 5 (Authorization
to Access State and Federal Criminal History Information for Kennel Licensing
Purposes), Police Captain Johnson reported that the municipal code requires that
kennel licensees undergo a background check.
City Manager Kiff pointed out that Item 3 (Sea Lion Time Limits for Compliance)
also includes a 10 -day noticing alternative and indicated that the City will be
communicating the new regulations to the appropriate parties. Harbor Resources
Manager Miller expressed the opinion that the City is doing all it can do at this
point to manage the sea lion problem.
City Manager Kiff reported that the supplemental staff report for Item 8 (Ad Hoc
Committee for Negotiating the Conexant Development Agreement) included the
Mayor's appointments to the committee and that he will be pulling Item 16
(Restaurant Week Status Report) so that the Newport Beach Restaurant Association
(NBRA) Business Improvement District (BID) could make a presentation.
Regarding Item 18 (California Municipal Financing Authority Revenue Bonds
Benefiting Our Lady Queen of Angels School), he noted that this is similar to what
the City has done for Hoag Hospital. Council Member Gardner requested that the
City Attorney's Office opine relative to the potential perception of discrimination if
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the City does not assist other types of churches in the same manner
2. SPECIAL EVENTS ADVISORY COMMITTEE RECOMMENDATIONS ON
CRITERIA, APPLICATION FORM, AND APPLICATION REVIEW PROCESS
FOR CONSIDERING REQUESTS FOR CITY FUNDING FOR SPECIAL
EVENTS.
Kirwan Rockefeller, Special Events Advisory Committee (SEAC), utilized a
PowerPoint presentation to display the master, calendar of special events. He also
highlighted SEAC's responsibilities and funding criteria for developing its
recommendations, and discussed the funding application form and point value
system. He reviewed the application review process and timeline, but indicated that
SEAC will be flexible with the process. Economic Development Administrator
DeSantis noted that the tentative schedule was intended to coincide with the budget
cycle.
In response to Council questions, Mr. Rockefeller reported on how SEAC would
document and make recommendations to Council, and indicated that SEAC has not
tested the criteria against existing special events. Council Member Rosansky
pointed out that all applications are supposed to be brought before Council. Mayor
Pro Tem Henn added that SEAL acts in an advisory capacity to Council.
Kim Severini, Visit Newport Beach (VNB), confirmed that VNB has a brand
statement for the City and will provide it to Council.
Regarding the special events calendar, Economic Development Administrator
DeSantis reported that the calendar was paid for by Council and Economic
Development, and that it cannot be placed on the City's webpage because it does not
meet the website criteria.
3. OCEANFRONT SAFETY STEERING COMMITTEE RECOMMENDATIONS.
Public Information Manager Finnigan utilized a PowerPoint presentation which
highlighted the committee membership and history. She reported that the
committee is recommending that Segways be banned on the boardwalk and Belvue
Lane, and that Segway tour operators be required to obtain a permit to operate in
the City. She reported that Segways are permitted on sidewalks. Police Captain
Johnson discussed oceanfront safety events, the benefits of the mounted radar
booths on the boardwalk, enforcement, and the types and number of citations issued
on the boardwalk. He reported that no citations were issued to Segway users
because Segways are currently permitted on the oceanfront walk. Senior Civil
Engineer Sommers discussed pavement markings, signage, and striping. He also
displayed the new and proposed boardwalk signs, and emphasized the importance of
enforcement. He confirmed that the signs are directed for boardwalk users, noting
that beach users have other signs.
Council Member Webb disagreed with the need to ban Segways since they have not
posed an enforcement or safety problem. He expressed support for the
recommendation to require a permit.
Mayor Pro Tem Henn expressed concern with allowing any type of electric or motor -
powered vehicle on the boardwalk due to the confusion it may cause the public in
determining what is permitted and what is not. He indicated that he supports the
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use of any mobility device by individuals displaying a handicap placard
Mike Beck indicated that he and his elderly father use Segways and discussed their
benefits. He expressed opposition to banning Segways but supports requiring
operators to obtain a permit.
Scott McKelroy, Segway Orange County co- owner, discussed how he operates his
business, their safety record, and the limitations he has placed on the tours he
offers. He noted that there has not been a proliferation of Segways on the
boardwalk, and requested that Segways not be banned on the boardwalk.
Dick Ashoff expressed support for Segways and Segway Orange County.
Epi Lopez, attorney representing Segway Orange County, discussed how Segways
are safer than many uses currently on the boardwalk, expressed opposition to the
ban, and believed that Segway tours assist the local economy and the ban would put
Segway Orange County out of business. He indicated that 51 local businesses have
signed a petition opposing the ban. He stated that Segway Orange County is willing
to work with the City to make the situation better. Mr. McElroy discussed the
various tours they provide and the number of tours a year that are given. He also
reported that the boardwalk tour is their most popular tour, especially since it is for
beginners.
Joe Reiss, Oceanfront Steering Committee Member, explained that the committee
is recommending a ban of Segways on the boardwalk due to their size, weight and
speed. Further, there are safety concerns and overconcentration on the boardwalk.
He noted that Segways will still be allowed in other areas of the City and reported
that other cities have already banned them.
Dick Burke, Segway Orange County co- owner, reiterated that the boardwalk tour is
the most popular tour and is one of the reasons people visit Newport Beach. He took
issue that they were not notified of the study session until a few days ago and
believed that Segways are not wider than bikes.
Tommy Comforts indicated that he has trouble walking due to leukemia and that he
uses his Segway to get around. He discussed how safe it is and that people visit the
City because of the beach. He expressed opposition to the ban.
Bill Martin, Central Newport Beach Community Association, presented a letter from
the association in support of banning Segways on the oceanfrong walk and suggested
that Council make an exception to the ban for handicap individuals.
Max Liskin stated that Segway Orange County currently has a responsible owner;
however, expressed concern if the business changes ownership. He believed that
allowing Segways would encourage people to use motorized devices on the
boardwalk and that Segways can be ridden in the alleys adjacent to the boardwalk.
Cathy Mendelson, Tommy's mother, noted that she was initially worried about her
son using a Segway on the boardwalk, but indicated that she now feels that they are
safe due to its manageability. She expressed concern about banning Segways on the
boardwalk because it would mean that her son would be riding the Segway on
sidewalks, close to traffic.
Chuck Grimley, Segway owner, discussed the manageability and environmental
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benefits to using a Segway instead of driving, noted that they are not wide or heavy,
and pointed out that the speed governor can be set to 6, 8 or 12 mph.
Frank Cutler indicated that he has taken the beginner tour with Segway Orange
County and encouraged Council to try it. He stated that he has not seen many
Segways on the boardwalk and suggested evaluating the situation further
before implementing a ban.
Mayor Pro Tem Henn requested a straw vote be taken relative to whether Council is
in favor of implementing a ban of the use of Segways between Newport Pier and
Balboa Pier, allowing the use of Segways by handicap individuals, and working with
the business owner to adjust to the ban. Following discussion, Council Member
Rosansky, Council Member Selich, Council Member Daigle, and Mayor Curry
expressed opposition to moving forward with a ban at this time. However, there was
consensus to direct staff to work with the committee and Segway Orange County to
craft regulations for a Segway tour operator permit.
III. PUBLIC COMMENTS - None
IV. ADJOURNMENT - 5:37 p.m.
The agenda for the Study Session was posted on March 17, 2010, at 4:30 p.m. on the
City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
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Recording Secretary
Mayor
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