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HomeMy WebLinkAbout01 - Minutes - 03-22-2005City Council Meeting April 12, 2005 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes DRAFT Study Session March 22, 2005 - 4:10 p.m INDEX ROLL CALL Present: Heffernan (arrived at 4:30 p.m.), Rosansky, Webb, Ridgeway, Daigle, Nichols (arrived at 4:15 p.m.), Mayor Bromberg Absent: None CURRENT BUSINESS CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None. 2. REPORT ON STATUS OF SPHERE ISSUES DISCUSSIONS. Former City Attorney Bob Burnham stated that the sphere issues that the City is working on include County properties and services that are located in or adjacent to Newport Beach that impact, or have the potential to impact, Newport Beach residents. The issues include John Wayne Airport, Santa Ana Heights Redevelopment Agency, Coyote Canyon, Newport Coast and Newport Ridge park and open space, and Upper Newport Bay. The sphere issues process came about after recommendations from the Airport Policy Review Committee, which felt that it would be a good idea to move forward with the County in a cooperative mode on other issues, in addition to the airport. The Sphere Issues Committee was formed in December of 2003. Mr. Burnham stated that the Santa Ana Heights Redevelopment Agency has been the subject of a series of discussions related to the City taking over the responsibilities of administering the redevelopment agency. In regard to the Coyote Canyon Landfill, the City is in the process of determining the condition of the landfill, and the gas and groundwater collection systems, and evaluating the methane production profile. The technical reports should be available in sixty to ninety days. Several County open space and park properties have also been identified in Newport Coast and Newport Ridge. again with the idea of the City taking over maintenance of these sites and bringing them up to City standards. Lastly, there have been discussions on the roles of the City and the County in Upper Newport Bay. Mr. Burnham stated that the discussions continue on the John Wayne Airport and the City is looking at alternative ways to provide protection to Newport Beach residents relative to the levels of service provided at the airport. The alternative that is currently being evaluated by the legal team is the concept of developing a joint powers agreement with the County. Mayor Bromberg stated that he and Council Members Ridgeway and Rosansky serve on the Sphere Issues Committee. Bud Rasner stated that he initially supported the concept of sphere influence as it Volume 57 - Page 129 (100 -2005) City of Newport Beach Study Session Minutes March 22, 2005 related to the airport, but was pessimistic. He stated that he is now convinced that the committee has come up with a terrific plan. He called it "bundling" and believed that the County would look favorably at it. He urged the City Council to support the work of the committee. Dan Gilliland, Aviation Committee member, stated this his expectations weren't high either, but that he now commends the City Council and the committee, and hopes that the work continues. Bob Caustin, Defend the Bay, expressed his support for the work of the committee as it relates to the Upper Newport Bay. Dolores Otting also expressed her support for the progress being made by the committee. In regard to the Coyote Canyon Landfill, she asked how the transfer of liability was being handled. She also asked when the contracts with the outside consultants were approved, what their areas of expertise are and how much money has been spent. Regarding Upper Newport Bay, Als. Otting asked how the tideland could be transferred on a revenue neutral basis. She stated that it will cost the City money to maintain the tidelands and the taxpayers should know how much. Lastly, she expressed her disagreement with ad hoc committees meeting in private. Mr. Burnham responded to Ms. Otting's questions and concerns by stating that the City could be potentially liable for issues related to the Coyote Canyon Landfill, but that it is being looked at. He additionally noted that the resolution establishing the Sphere Issues Committee contained the authorization to retain the consultants and explained that the tideland transfer would be revenue neutral. City Manager Bludau added that the City Council through its approval of the current year's budget did allocate money for sphere issues. Mayor Bromberg added that to suggest that ad hoc committees should not meet in private shows a lack of understanding for how City government works. He stated that if the meetings were open to the public, the City wouldn't be able to accomplish what it does. Council Member Ridgeway stated that there may be a small cost associated with the Upper Newport Bay, but that it's a reasonable cost to incur. Mayor Bromberg stressed that the most important issue facing the City is the airport, and that no other issue is as significant in terms of the future and the quality of life to the residents of Newport Beach. Gus Chabre, Newport Bay Naturalists and Friends, Board President, agreed that the City needs to become more active in bay issues. 3. MORNING CANYON STABILIZATION PROJECT. Using a PowerPoint presentation, Principal Civil Engineer Bob Stein displayed an aerial photo of the Cameo Highlands area and noted that approximately 25 lots border Morning Canyon. The canyon is owned by these property owners, although the City does own a 22 -foot easement. Volume 57 - Page 130 INDEX (100 -2005) City of Newport Beach Study Session Minutes March 22, 2005 INDEX Council Member Kosansky asked what the purpose of the easement is. Public Works Director Badum stated that it was probably required by the engineers when the subdivision was approved to most likely reserve the area for a future drainage facility. He stated that the easement is not in the natural flow line of the creek. Mr. Stein added that the subdivision was constructed in 1959 and the City annexed the area in 1960. He referred to the aerial photo and pointed out some of the other features in the area. In 1997, there was a massive slope failure, which caused the City to monitor the canyon more carefully. He displayed several photos showing the severe bank erosion that has occurred in the creel: and in response to Council Member Rosansky's question, stated that several properties are in eminent danger if a slope failure were to occur. Mr. Stein displayed a list of the things that have been done to the canyon and stated that each of them has impacted its stability. He displayed several aerial photos showing what the stream flows were prior to the development of Newport Coast and what happened when Surrey Canyon was filled when Cameo Highlands was constructed. With the use of more current aerial photos, Mr. Stein explained that the sediment supply to Morning Canyon has been reduced by approximately 50% due to the Newport Coast development, and the addition of hardscape and groomed fairways. He stated that although The Irvine Company did a good job with their master drainage plan, they did not consider the sediment supply. Mr. Stein stated that when a solution for Morning Canyon is looked at, the sediment that is there has to be protected from erosion because new material is not being supplied to it. John McCarthy, RBF Consulting, stated that RBF was hired by the City to perform studies that would show what the current condition of the watershed is. He stated that the City wanted an understanding of what is happening to the canyon and how it can be restored to a more natural state. Mr. McCarthy stated that the goal of the studies was to identify what a stable slope would be for the creek. Currently, the length of the creek is 1500 to 2000 feet, and it has significantly eroded approximately halfway up. If something is not done, it will continue to erode up to the Pelican Hill Golf Course. In response to Council Member Nichols' question, Mr. McCarthy stated that there is a fixed point at the bottom of the creek where a box culvert is located to convey flows under Coast Highway and at the top of the creek where a detention basin is located. In between these two Cited points, the slope varies from 2% to 5% and is not stable, and the flow continues to pick up sediment, which degrades the slope further. Mr. McCarthy stated that to stabilize the canyon, drop structures need to be created that would control the flow and dissipate the energy. He displayed the stream restoration plan that was developed by RBF, and explained that once the location of the drop structures was determined, alternatives were looked at on the type of drop structures to use. He displayed a drawing of a gabion drop structure, which was determined to be the most effective. It is essentially a wire basket filled with rocks. In response to Council Member Ridgeway's question, Mr. McCarthy explained that the water would cascade over the drop and the energy would dissipate on the lower pad, creating a reduced flow velocity through the canyon, which would Volume 57 - Page 131 City of Newport Beach Study Session Minutes March 22, 2005 INDEX result in less erosion. He added that the gabion structures are standard and are acceptability to the regulatory agencies. Mr. McCarthy displayed photos of what the gabion drop structures actually look like in place. In response to Council Member Daigle's question, Mr. McCarthy stated that the location of the drop structures were selected by taking the existing grade and such things as trees into consideration. In response to Council Member Nichols' question, Mr. McCarthy stated that some type of erosion protection would also be done at the existing 51 -inch pipe outlet. Mr. McCarthy displayed additional photos of the existing creek and what the gabion drop structures might look like upon installation and after two years. He noted that the drop structures would run across the entire width of the creek, and are backfilled with soil and landscaped. He added that drainage and maintenance easements are also being proposed and explained that although maintenance would be minimal, the ability to access the structures would be necessary. Additionally, the easements would restrict property owners from installing anything that might divert flows. In response to Mayor Pro Tern Webb's question, Mr. McCarthy stated that on the Corona Highlands side of the creek, the easement would range from 20 to 30 feet. In response to Council Member Nichols' question, Mr, McCarthy further explained that the access road would be on the Cameo Highlands side of the creek in the existing easement. He stated that most of the maintenance would be done by hand and the road would consist of vegetation, so would be fairly unnoticeable and have minimal impact. Mr. McCarthy displayed the cost estimate for the project, which is $825,000 and includes a 25% contingency. In response to Council Member Rosansky's question, Mr. McCarthy stated that the probability for the project's success is good and noted that it has been done in other cities. Council Member Rosansky asked if there are issues south of Coast Highway that also need to be addressed. Public Works Director Badum responded in the affirmative, but stated that they are less significant and less dangerous. It was decided that the current study would be a good start to addressing other areas in the future as well. Public Works Director Badum stated that the project is designed to address the erosion issue, but also addresses issues associated with water quality, habitat, native plants and fuel modification. Council Member Rosansky confirmed that Morning Canyon is private property and not accessible to the public. In response to Mayor Pro Tern Webb's question, Mr. Stein stated that the amount of water flowing from the watershed has not changed with development, but the detention facilities have reduced the peak flows. Mayor Pro Tern Webb confirmed that the original housing tract was approved by the County before it was annexed to the City, and stated that the City hasn't had control over what has been going on in the canyon and hasn't caused the problem. Public Works Director Badum noted that the development occurred in a manner that was appropriate and in accordance with the standards and rules that were in place at the time. He stated Volume 57 - Page 132 City of Newport Beach Study Session Minutes March 22, 2005 INDEX that knowledge about drainage and sediment transport, as well as technology, have improved over time. He stated that staffs approach has been to find a solution and that the recommendation for Item No. 17 on the evening meeting's agenda is for the City Council to approve a contract with RBF to prepare the design for the project. Council Member Rosansky asked if an attempt had been made to get contributions from the property owners or The Irvine Company. City Manager Bludau stated that the first step was to identify the problem. The next step will be to find where the money will come from to fix the problem. Public Works Director Badum stated that the property owners will be contributing by giving up property for the easements that will be needed. Council Member Daigle asked who would have the liability and exposure for the drop structures. Public Works Director Badum stated that RBF has a good reputation and carries insurance. In addition, the City will have design immunity. Council Member Daigle asked if the project will protect the homes in the area. Public Works Director Badum responded in the affirmative. Council Member Nichols expressed his concern for how a road could be built in such steep terrain. Mr. Stein explained that the road would be built above the steeper terrain. Public Works Director Badum added that the access will primarily be needed during construction and that the equipment that would be used would be fairly- small and maneuverable. Much of the work would also be done by hand. Bob Patterson complimented staff on identifying the problems in the canyon and felt that the residents along the canyon were in support of the project. He stated that the issue with the outflow structure should also be addressed and, additionally, believed that there is more water coming down from the upstream watershed than there used to be. Lastly, Mr. Patterson noted that the City was involved in the County's approval of the drainage plan. He stated that a formal appeal was made by the representatives of Morning Canyon and that he would be providing more detailed information on the subject at the evening meeting. Council Member Rosansky asked if the residents would consider supporting the project financially since their properties would benefit from it. Mr. Patterson stated that the residents don't see the project as benefiting their properties, they see it as restoring them to the state they were in prior to the damage caused by the City's drainage system. Dave Patterson stated that he would also be making a presentation at the evening meeting and that he is in support of the staff recommendation on Item No. 17. He stated that the outflow structure is critical to the health of the canyon and that work needs to be done on it. Mr. Patterson noted that the staff recommendation doesn't include a commitment by the City to pay for the project. He felt that it would be important to include this in the action taken by the City Council at the evening meeting. Council Member Heffernan asked Mr. Patterson if the residents would sign a waiver of liability if the City were to fund the project. Mr. Patterson stated that the residents have not been asked this yet, so he couldn't respond on their behalf. Volume 57 - Page 133 City of Newport Beach Study Session Minutes March 22, 2005 He added that staff has approached them regarding the issues of the easement, access and restricted use, and have indicated that the residents would not be required to pay for the project. Council Member Ridgeway stated that staff would not have made any representation that the City would pay for the project. He stated that they may have indicated that the City would pay for the design of the project. Laura Curran asked if the cost estimate of $660,000 for the project included the plantings or just the construction. She added that the estimate of $5000 per year for maintenance seemed low. Additionally, Ms. Curran noted that drought tolerant plantings were specified in the staff report and suggested that these plantings also be native. Lastly, she asked what type of public outreach would be done to minimize the flow into the canyon from residential landscape irrigation and other sources. In response to Ms. Curran's questions, Mr. Stein stated that the project's cost estimate does include the landscaping that would be done at the bottom of the canyon, that the $5000 for maintenance is only an estimate until additional experience is gained and that source control would be implemented. PUBLIC COMMENTS — None. ADJOURNMENT — at 5:35 p.m. to Closed Session. * ttttt *tttttzxtt * * * *tttttttt * *t The agenda for the Study Session was posted on March 16), 2005, at 3:20 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 134 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 22, 2005 - 7:00 p.m. STUDY SESSION — 4:10 p.m CLOSED SESSION— 5:35 p.m A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Rosansky. Webb, Ridgeway, Daigle, Nichols. %lavor Bromberg Absent: None C. CLOSED SESSION REPORT — None. D. PLEDGE OF ALLEGIANCE — Council Member Rosansky. E. INVOCATION — Reverend Dr. Dennis Short, Harbor Christian Church and President of Newport: Mesa -Irvine Interfaith Council F. PRESENTATIONS Ray Kennedy of the Irvine Terrace Homeowners Association presented a $6,200 check, on behalf of the association and about 50 residents, to purchase additional playground equipment. Ed Romeo, President of the Friends of OASIS, presented a $66,000 check to pay for the remainder of the transportation program this fiscal year. Mayor Bromberg read the proclamation regarding the Tsunami Relief Benefit Concert held at Corona del Mar High School and presented them to Kevin Alison, Ryan Ratfield, Zan Margolis, Cole Trider, Amanda Iinuppel, Denise Weiland, Lucy Steinberg, Sarah Weiland and the Leadership Institute for Teens (LIFT). Sarah Weiland announced that she and Lucy Steinberg will be returning to Thailand to present the $4,000+ donation to a school there. Richard Luehrs, Newport Beach Chamber of Commerce President, discussed the Citizen of the Year award and stated that they would like to have the City's endorsement, along with being allowed to display a plaque in the Council Chambers. Without objection, it was the consensus of Council to collaborate with the Chamber of Commerce and have a plaque in the Council Chambers. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR Volume 57 - Page 135 INDEX City of Newport Beach City Council Minutes March 22, 2005 INDEX DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM): • Mayor Bromberg reported that he will be adjourning tonight's meeting in memory of Helen Wick who was the Assistant to the Mayor and City Council, as well as his neighbor and friend. He announced that she lost her fight with cancer. • Council Member Heffernan announced that the Big Canyon Reservoir cover dedication will take place tomorrow morning at 9:00 a.m (le added that Congressman Cox will also be in attendance. • Council Member Heffernan requested a report on the Harbor View traffic improvements. • Council Member Heffernan requested more information regarding the City's business license goal, policy, etc. He noted that the City is getting personal information about people and asked who is getting the information, what happens to the information, and how secure it is. • Council Member Rosansky reported that the City held its first meeting regarding the City Hall project on March 5, but the turnout was small. He noted that the City elected to have an outreach program, but suggested that it do more advertising. He requested a report about the types of community outreach that is taking place and requested a meeting on a day and time other than Saturday at 10:00 a.m. Mayor Bromberg reported that a meeting has been scheduled for Monday, Saturday 25 at 6:30 p.m. Council Member Heffernan announced that he setup an email address (nbcitvhallrwvahoo.com) so people can provide their comments, concerns, ideas, and opinions. Mayor Bromberg noted that the City also has a link on the City's website. • Council Member Ridgeway expressed his concerns about the business license process. He believed that the nexus between a passive LLC and the charging of a business license fee should be looked at. • Council Member Daigle announced that the Summer Concert Series will begin in July and the Newport Beach Film Festival will be April 21 to April 30, 2005. • Mayor Bromberg announced that the 1/1 Committee has raised about $96,000 since October 2004, 1/3 of the money has been spent, and they need more funds to assist the Marines' families. He reported that they also need gift certificates for a raffle to be held the third week of April. • City Manager Bludau indicated that there will be a report at the next study session regarding the Junior Lifeguard Program. Mayor Bromberg suggested inviting the Costa Mesa residents who contacted Council about the program to the study session. • City Attorney Clauson introduced new Assistant City Attorney Aaron Harp and thanked former Mayor Dennis O'Neil. Assistant City Manager Wood, and the City Attorney from the City of Orange for being on the interview panel. Volume 57 - Page 136 City of Newport Beach City Council Minutes March 22, 2005 I. CONSENT CALENDAR READING OFMINUTES /ORDINANCES AND RESOLUTIONS MINUTES OF THE REGULAR MEETING OF MARCH 8, 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. ORDINANCE AMENDING SECTION 12.40.055 OF THE NEWPORT BEACH MUNICIPAL CODE TO ALLOW PARKING OF EQUESTRIAN VEHICLES IN SANTA ANA HEIGHTS. Adopt Ordinance No. 2005 -2 amending Section 12.40.055 of the NBMC — Parking of Certain Oversized Vehicles and Nonmotorized Vehicles in Residential Districts Prohibited. 4. CODE AMENDMENT NO. 2004 -013 — CIVIC PLAZA. 1 CIVIC PLAZA (PA2004 -272) — AMENDMENT TO THE CIVIC PLAZA PLANNED COMMUNITY TEXT (PC -19) TO CHANGE THE NAME OF THE DEVELOPMENT AND TO MODIFY THE SIGN REGULATIONS RELATING TO PROJECT IDENTIFICATION SIGNS BY CHANGING THE SIZE, LOCATION, NUMBER AND THE INCLUSION OF TENANT NAMES. Adopt Ordinance No. 2005 -3. CONTRACTS AND AGREEMENTS 5. UPDATED 800 MHz COUNTSA'IDE COORDINATED COMMUNICATIONS SYSTEM (CCCS) JOINT AGREEMENT. Approve the terms of the Joint Agreement for the Operation, Maintenance and Financial Management of the Orange County 800 MHz Countywide Coordinated Communications System dated November 2004, and authorize the Mayor and Cite Clerk to execute a copy of the Joint Agreement Amendment For processing through the County Clerk of the Board. 6. AWARD OF LANDSCAPE MAINTENANCE CONTRACT FOR CITYWIDE MEDIANS AND ROADSIDES. Approve a five year maintenance contract with Spectrum Care Landscape to provide landscape maintenance services for Citywide medians and roadsides at an annual cost of $308,900. A APPROVE THE MITIGATED NEGATIVE DECLARATION FOR THE NEWPORT BOULEVARD RIGHT TURN LANE ONTO HOSPITAL ROAD (C- 3655). Approve the Mitigated Negative Declaration (MND) for Newport Boulevard Right Turn Lane onto Hospital Road. INDEX (100 -2005) (100 -2005) C -2755 800 MHz Countywide Communications System (38 /100 -2005) C -3762 Landscape Maintenance (381100.2005) C -3655 Mitigated Negative Declaration (381100 -2005) ORANGE COUNTY TRANSPORTATION AUTHORITY l C -3051 AMENDMENT NO. 10 TO COOPERATIVE AGREEMENT NO. C -95- I Cooperative Volume 57 - Page 137 City of Newport Beach City Council Minutes March 22, 2005 985. Approve Amendment No. 10 to Cooperative Agreement No. C -95 -985 between the Orange County Transportation Authority (OCTA) and the City of Newport Beach and authorize the Mayor and the City Clerk to execute the Amendment. 9. APPROVAL OF CONTENT MANAGEMENT SERVER SOFTWARE PURCHASE TO UPGRADE POLICE DEPARTMENT WEBSITE. 1) Approve the purchase of the Content Management Software from Civica Software in the amount of $66,711 from the Police Department's Support Services Division Computer Services Account #1820 -8091; and 2) authorize the Police Chief to sign the Purchase Agreement with Civica Software. MISCELLANEOUS ACTIONS 10. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE TO FILL EDC VACANCY. Appoint Lloyd Ikerd as "at- large" representative. 11. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO EXPENDITURE BUDGET ACCOUNTS FOR FY2004/05. Approve a budget amendment (05BA -050) increasing revenue estimates by $87,000 in 4010 -5892, Library — Friends of the Library, and increasing expenditure estimates by $87,000 in Division 4091. Friends. 12. CONTINUE PUBLIC HEARING FOR PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 SANTA ANA HEIGHTS — MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE. Continue public hearing for the proposed Underground Assessment District No. 19, Santa Ana Heights, until April 26, 2005 when legal issues and use of RDA funds should be resolved between the County of Orange and the City of Newport Beach. 518. APPROVAL OF FILM FESTIVAL BANNERS — ENCROACHMENT PERMIT N2005 -0098. Conditionally approve the request of Exterior Products, Inc. for the installation of eighty (80) banners. from April 1, 2005 to April 30. 2005, for the annual Newport Beach Film Festival. Installation will be along Newport Center Drive East/West. Motion by Mayor Pro Tern Webb to approve the Consent Calendar. 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 Volume 57 - Page 138 INDEX Agreement (381100 -2005) C -3763 Content Management Server Software (381100 -2005) (100 -2005) (100 -2005) Underground Utilities District 19 (891100 -2005) 1 (100 -2005) City of Newport Beach City Council Minutes March 22, 2005 13. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT RENEWAL: CONDUCT PUBLIC HEARING AND ADOPT RESOLUTION OF CONFIRMATION FOR RENEWAL OF THE BUSINESS IMPROVEMENT DISTRICT FOR A SHORTENED FISCAL YEAR 2005. Program Manager Trimble stated that the Balboa Village BID is having a shortened fiscal year to get it in line with the City's fiscal year. He reported that there are no protests at this time. Mayor Bromberg opened the public hearing. Gay Wassall -I {elly reported that she is speaking on behalf of the Balboa Village BID President, Bob Black, who wanted to thank Council for their continued support. She stated that the BID is working very hard on the Centennial Celebration, especially the closing celebration. Hearing no further testimony, Mayor Bromberg closed the public hearing. Motion by Council Member Ridgeway to adopt Resolution No. 2005 -16 confirming the levy of the BID assessment for the 2005 shortened fiscal year since the protests represented less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 14. GENERAL PLAN AMENDMENT (GP 2004 -010) — AMENDMENTS TO THE HOUSING ELEMENT (PA 2004 -235). Mayor Bromberg opened the public hearing. Motion by Council Member Rosansky to continue the item to the April 12, 2005, Council meeting. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg ?does: None Abstain: None Absent: None 15. PUBLIC HEARING: THE PROPOSED NEWPORT COAST COMMUNITY CENTER: DESIGN APPROVAL, CONSIDERATION OF ALTERNATE DEVELOPMENT REGULATIONS, CEQA FINDINGS. Volume 57 - Page 139 INDEX (100 -2005) (100 -2005) (100 -2005) City of Newport Beach City Council Minutes March 22, 2005 INDEX City Manager Bludau utilized a PowerPoint presentation, stating that the proposed community center would have about 17,000 square feet of buildable space, a full -size gymnasium, two meeting rooms, restrooms, a lobby area, and storage. He displayed the site of the community center and library, and reviewed the recommendations. He reported that 145 parking spaces are required, given the square footage and the community center's configuration, and noted that staff recommends that Council approve the project with 122 parking spaces. Mr. Bludau reported that Newport Coast was annexed on January 1, 2002, and the City expects the community to have 10,000 residents, 5,200 housing units, and up to 1,000 visitor accommodation units at build -out. He stated that prior to annexation, the City negotiated with the.Newport Coast Committee of 2000 the services and benefits the residents would receive upon annexation. He reported that one of the provisions of the Pre - Annexation Agreement (PAA) was that the City would distribute $25 million over time to Newport Coast residents. He stated that $18 million will be used to reduce property owner assessments and $7 million will be set aside to build the community center. He pointed out that no location was identified for the community center in the PAA, Newport Coast LCP or Newport Ridge Planned Community Text; nor was the height limit or lot coverage limitation established with a community center in mind. He reported that, due to escalating construction coats and the budget, the Newport Coast Advisory Committee (NCAC) decided to forego the library facility with the hope that it could be added at a later date. Mr. Bludau referenced Section 7, Subsection F; Section 7, Subsection G: and Section 1, Subsection C of the PAA. He stated that the proposed site is designated recreational and environmental open space by the land use element of the General Plan, which allows a wide range of public and private uses. He noted that staff believes the project is consistent with this designation. Mr. Bludau stated that Newport Ridge Park has 71 parking spaces and is privately owned/operated by the Newport Ridge Community Association (NRCA). He reported that NCAC believes that the park's parking lot can and should be counted towards the community center parking total because the park is seldom used, NRCA has agreed to allow the community center non - exclusive use of the :paces, Newport Coast residents are used to walking to community activities, the project architect designed the project with this assumption, and the PAA gives the NCAC the right to present a design to Council that leaves the library pad to be added later. Mr. Bludau reported that staff believes that the 71 spaces should not count since those spaces are too far aN ay to be useful. the City doesn't control the park parking lot so the availability of the parking lot is questionable. Planning staff feels they didn't promise the project architect the 71 spaces, the 29 spaces that the library pad can accommodate should be utilized, and there would be severe limitations on the number of community center patrons without the 29 spaces. He displayed the parking lot configuration with the 93 and 122 parking spaces. He added that there is a ball field off of the parking lot and believed that people will park in the community center parking lot to use the ball field. Council Member Heffernan noted that on- street, parking would not be allowed because of the high speed limits on Newport Coast Drive and San Volume 57 - Page 140 City of Newport Beach City Council Minutes March 22, 2005 INDEX Joaquin Hills Road. Mr. Bludau confirmed that the City doesn't allow parking on major arterial streets. Mr. Bludau stated that the NCAC and staff basically have the same goal of having a community center that is well used by the Newport Coast community and City residents. However, the question for Council is how best to provide for the high usage. He emphasized that parking at the community center is a critical component of this project's future success. He indicated that staff is urging Council to get as close to the 145 parking spaces as possible. Mayor Bromberg opened the public hearing. Al Willinger, NCAC member, stated that the committee believes that sharing parking with the Newport Ridge Park will address the parking issue and indicated that it took him 3 minutes and $ seconds to walk from the park's parking lot to the proposed site. He added that parking is also available at the elementary school and the tennis facility which is across from Ridge Park Drive and the elementary school. He stated that the library site is important to them and they represented to the community that it would be a part of the project but they cannot fund it at this time. He stated that they may be able to source fund the library to make it a reality. He noted that any delay will be extremely costly. Council Member Daigle stated that people park on the street when they use the basketball courts. Mr. Willinger believed that people in that area prefer to walk to the park and the parking lot is rarely used. Dan Wampole, NCAC member and President of the Newport Ridge Community Association, agreed that people prefer parking on Newport Ridge Drive rather than in the parking lot. He stated that the association has held many events in the park where as many as 350 people attend, but less than 20% of the spaces are used. He indicated that, if the 93 spaces becomes a problem, the City may be acquiring the dump to possibly convert for parking. However, there is a lot of parking on Newport Ridge Drive East and at the elementary school, tennis court facility, and shopping center. He reported that NRCA supports this project, so much so that they freely gave up land that belongs to them. Peer Swan, Newport Coast Committee of 2000 and member of the design committee, stated that, if the residents didn't decide to give the City $7 million for the facility, it would've been returned to them. He reported that the Tesoro residents were concerned about seeing the parking lot, so they moved the parking lot to the other side of the building. He stated that their goal was to keep a green buffer between the major thoroughfares and the park facility. Mr. Swan indicated that they asked the architect to approach the City to see if they could use Newport Ridge Park parking and they were told they could but needed permission from NRCA. He believed that there will not be that many large events at this facility and that they will probably only exceed parking capacity during gym events in which floor seating is used. He requested that Council approve the facility with 93 spaces and then see what happens since the City has the ability to change it at a later date. Volume 57 - Page 141 City of Newport Beach City Council Minutes March 22, 2005 I 10-13�,� In response to Mayor Bromberg's questions, Mr. Swan indicated that the architect told the committee that someone from the City represented the scenario about the Newport Ridge Park parking lot, but he had not spoken to anyone from the City about this. Mr. Wampole believed that this was discussed at a workshop but he couldn't remember the Planning staff member's name. Assistant City Manager Kiff stated that the architect, Betsey Dougherty, has done a wonderful job with. this project and believed that this was an honest disagreement about whether her initial discussions with the Planning Department were offered by Planning as parking spaces that would be considered when the plan was before them. Jim Hildreth expressed concern that walking across grass at night might be unsafe. He questioned if there was a footpath along the edge and about lighting. He noted that the Rose Bowl uses the grass area for overflow parking and stated that they may want to do this on the ball fields. Don Phelps believed that what is happening is not that well known to the community. He added that no vote was taken and it was the committee who decided to give the $7 million away. He questioned if a library is important since the Central Library is three minutes away and whether a computer center is needed since every resident in Newport Coast probably has a computer. He expressed concern that this will generate a lot of traffic. He stated that there was no thought about the community center when he bought there. He indicated that he hasn't been asked if he wanted to give up his share of the $7 million and believed that there should be a vote. He stated that there isn't an over- joyous feeling about the community center. Hearing no further testimony, Mayor Bromberg closed the public hearing. Council Member Heffernan stated that he wasn't part of the team that negotiated the PAA. He indicated that, from the beginning, the NCAC has insisted on speaking for the residents and enforcing the terms of the PAA that says the NCAC picks the site, designs the building, and the City uses its best effort to implement what the committee wants. He stated that having a postcard vote and story poles was brought up, but the committee said they conducted their outreach and they speak for the residents. He reported that the committee voted earlier this month to proceed with the site having 93 spaces. He added that the committee doesn't want a special permit, but unfettered use. He stated that, if this doesn't work, it's not because the City had much say. He indicated that he will be taking a position against staff tonight, noting that he voted the same as the NCAC. Council Member Ridgeway reported that he was on the negotiating team with former Council Member O'Neil, Assistant City Manager Kiff, City Manager Bludau. and former City Attorney Burnham. He indicated that he was a trustee for the International Council of Shopping Centers (ICSC) for ten years and their standard for the outer edge of parking lots for any large shopping center is about 350 feet. He stated that, past that, patrons will probably go to another shopping center. He likened this to the 24- Hour Fitness Center parking structure at Fashion Island and questioned whether the proposal by NCAC has adequate parking. Volume 57 -Page 142 City of Newport Beach City Council Minutes March 22, 2005 INDEX Council Member Ridgeway clarified that the Newport Ridge Park does not belong to the Newport Ridge Community Association, but has an Irrevocable Offer to Dedicate to the County. However, in a gentlemen's agreement, they agreed to not take the tennis courts and restrooms, but the City may take the park area, green grass, and baseball fields because it doesn't have an adequate supply. Regarding the $7 million limit, he clarified that he has been saying that the 22,000 square foot facility is too big, it can't be built for $7 million, and the library is unnecessary. He added that the dollar amount and size were given to the City by the Committee of 2000. Council Member Ridgeway emphasized that, at the time of annexation, the residents had the opportunity to vote "no" to the annexation but the City received no protests, so indirectly residents voted for the contents of the PAA. Council Member Ridgeway believed that the project is an inadequately parked community center. He stated that he had walked the site with residents when he was on the negotiating team and talked about adequate parking for a 22,000 square foot center. Further, he got the soil reports from The Irvine Company to possibly create more parking against the slope. He stated that he will be voting for more parking because he has seen too many under - parked areas in the City and doesn't want to start this facility like that. Further, he believes that a parking lot is a stakeholder for the future for a building pad. He noted that the landfill has virgin soil in the upper corner and he would be satisfied if there was a way to access cars down there. He noted that negotiations started in 1999 and that he is supporting the spirit and intent of the negotiations. Motion by Council Member Ridgeway to find that the Newport Coast Community Center project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 of CEQA's Implementing Guidelines; approve the Site Development Permit with Alternative Development Standards related to the height of the proposed building (35 feet) and percent of open space (13 %); approve the project with a 122 -space parking lot and a Joint Use Parking Agreement to allow the shared use of the Newport Ridge Park parking lot for the proposed Community Center; direct the project architect, Betsey Dougherty of Dougherty and Dougherty, to proceed with construction drawings for a roughly 17,000 square foot Community Center that includes two meeting rooms, a gymnasium, restrooms. storage, lobby area, and ancillary rooms with a 122 -space parking lot that includes the space southerly of the facility; require an approved Parking Management Plan (PMP), to be submitted by event sponsors, for any event which causes occupancy of the building to exceed 369 persons. The Recreation and Senior Services Director (or her designee) shall review and /or approve the PMP. Council Member Nichols stated that he is on the NCAC, that the facility was originally designed for a library with 93 parking spaces, and it still would've had 93 parking spaces if they were going to have a library. He indicated that the community is requesting less parking so the library could be implemented. He stated that using the 28 library parking spaces actually creates more parking than what was originally intended on the site. He indicated that the larger events would require a community parking plan and noted that they have agreed to do this. He believed that Volume 57 - Page 143 City of Newport Beach City Council Minutes March 22, 2005 INDEX the design can do what the community wants and do it well, adding that the facility was not designed to be an auditorium for 3,000 people. He stated that the park has a lot of parking that the facility could use and there's a lot of other locations nearby. He expressed his support of Council Member Heffernan and stated that he also voted with the committee. In response to Council Member Rosansky's questions, Senior Planner Campbell reported that the parking requirement is pursuant to the County Code. He added that, pursuant to the Development and Annexation Agreement, the City adopted the County Zoning Code with the Planned Community Text. He stated that the standards are based on the square footage of the meeting rooms and seating capacity of the gymnasium with bleacher seats. Recreation and Senior Services Director Knight reported that the West Newport Community Center has a gym which is about the same size as the proposed gym, but the facility was built as a private school. She noted that there are 40 parking spaces, it has no large meeting rooms, and it is under - parked with overflow parking being on the streets. She stated that the City needs to plan for what's being built. She also reminded everyone that the facility is open to the public to reserve so it may he difficult for someone not from Newport Coast to come up with a parking plan that includes the surrounding neighborhoods. She confirmed that the facility will be City -owned and operated, and reservations can be made through the City. Mr. Bludau noted that, if just the two community rooms were used to capacity, it would require 104 parking spaces which exceeds the committee's 93 space request. Ms. knight added that the committee wants the gym to host tournaments and activities, but pointed out that not everyone will be walking from the neighborhoods. She stated that the scenario of three people per car is really not the norm because families sometimes meet at locations and use two cars. Council Member Ridgeway reported that the NRCA leases the park to A1'SO, Little League, and Sage Hill School; the groups practice from 3:30 p.m. to dusk on weekdays, 8:30 a.m. to dusk on Saturdays, and noon to dusk on Sundays from September to November and February to May. He, added that, according to Merritt Property Management, the park parking lot is often full and they receive complaints about people having to park on Newport Ridge Drive East on weekends. Mr. Bludau confirmed that the facility will be open to the entire City but they will give priority reservation status to Newport Coast residents. In response to Council Member Daigle's questions. Mr. Kiff stated that the landscaping for the corner mirrors the Pavilion side. Mr. Campbell confirmed that parking is based on the assumption of three people per car. However, the community center standard from the County Code is one space per 7 5 square feet. He indicated that, if the facility parking lot were full and without a parking management plan, people will park where it is most convenient. as noted by Council Member Ridgeway. Council Member Daigle stated that she receives calls and emails about trees and parking, and expressed concern that this will be building in divisiveness for the neighborhood if there is insufficient parking. Volume 57 - Page 144 City of Newport Beach City Council Minutes March 22, 2005 INDEX Council Member Rosansky stated that, if the library is built, the parking requirement would increase and further reduce the amount of parking available. He indicated that he cannot see himself voting to build a library there and have a reduction of spaces. He stated that people will walk if they have to, but the City wants to create a user - friendly facility. He indicated that this facility will also be the central meeting place for Newport Coast. Mayor Pro Tem Webb stated that he lives across the street from a park/community center that is under - parked; however, there is street parking. He stated that this facility doesn't have a safe public street to park on. He noted that it was believed that Bonita Creek Park had sufficient parking, but there weren't enough spaces the first year. He emphasized that parking really impacts the user - ability of a facility if it is under - parked. He believed that it would be a mistake to build a facility with deficient parking to start with. Mayor Bromberg stated that he live: in an area with difficult parking. He indicated that he looked at the map of the facility and believes that it could be a dangerous trek to and from the park and the facility. The motion carried by the following roll call vote: Ayes: Rosansky, Webb, Ridgeway, Daigle, Mayor Bromberg Noes: Heffernan, Nichols Abstain: None Absent: None K. PUBLIC COMMENTS Jim Hildreth discussed the access structure on the Grand Canal, believing that the City removed it wrongly. He displayed a page from the City's website and believed that the City should replace the structure. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Ad Hoc General Plan Update Committee (GPUC) — Mayor Bromberg reported that they will be meeting at 4:00 p.m. in the Friends Room at the Central Library on April 25, May 9, and May 23. Local Coastal Program Certification Committee -- Council Member Ridgeway reported that they are stuck as a committee on discussions about designated public access points around the Bay and bluff issues. He stated that their neat meeting will be on April 11 at 3:00 p.m. in the Fire Conference Room. Newport Coast Advisory Committee — Council Member Heffernan announced that they will be meeting bi- monthly. Mariners Joint Use Library Ad Hoc Steering Committee — Mayor Pro Tern Webb announced that construction is moving forward. City Centennial 2006 Committee — Mayor Pro Tern NNTebb stated that they received notice that the City's proposal to have a float in the Rose Parade neat Volume 57 - Page 145 City of Newport Beach City Council Minutes March 22, 2005 FUq year has been accepted. Mayor Bromberg added that he is on the float committee and they have been interviewing Fiesta Floats and Phoenix Floats. City Council/Citizens Ad Hoc Committee for Marina Park Planning — Mayor Bromberg announced that they had their first meeting today to begin determining the direction for Marinapark. He stated that their goal is to bring potential scenarios to Council, believing this will probably take a year. He announced that they will be looking at constraints at the next meeting and meetings will be held the third Tuesday of the month at 4:00 P.M. in the Council Chambers. He noted that there was significant public turnout today. He stated that information will be posted on the City's website and interested people can be placed on a list by calling the City Clerk's office. City Hall Building Committee — Mayor Bromberg; reported that Council Member Heffernan setup an email address (nbcitvhal1 vahoo.com) so the public can weigh in on the project. He stated that the nest City Hall workshops will be held in the Council Chambers on April 2 from 10:00 a.m. to noon and on April 25 at 6:30 p.m. City Council Ad Hoc Marina Park Advisory Committee — Council Member Rosansky stated that, since the Council/Citizens Ad Hoc Committee has met, this committee should meet soon. Environmental Quality Affairs Citizens Advisory Committee — Council Member Nichols announced that Transportation/Development Services Manager Edmonston gave a presentation on how the Traffic Phasing Ordinance (TPO) and Measure S interact with City traffic and how the City judges projects based on the TPO and Measure S. CURRENT BUSINESS 16. INITIATION OF CODE AMENDMENT NO. 2005 -004 INCORPORATING A NEW AFFORDABLE HOUSING CHAPTER TO TITLE 20 OF THE NBMC, ESTABLISHING PROVISIONS FOR THE IMPLEMENTATION OF THE CITY'S HOUSING PROGRAMS RELATED TO INCLUSIONARY ZONING. LOW- AND MODERATE - INCOME HOUSING. WITHIN THE COASTAL ZONE, AND POSSIBLE FUTURE AMENDMENTS (PA 2005 -062). Assistant City Manager Wood emphasized that this is not the Zoning Code Amendment. She stated that the staff report is requesting initiation which gets the process started. She reported than, once Council approves the initiation. staff will prepare the ordinance and take it to the Planning Commission and City Council. Motion by Council Member Ridgeway to adopt Resolution No. 2005 -17 initiating an amendment to Title 20 of the NBMC. The motion carried by the following roll call vote: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Volume 57 - Page 146 INDEX (100 -2005) City of Newport Beach City Council Minutes March 22, 2005 Abstain: None Absent: None Mayor Bromberg recessed the meeting at 9:15 p.m and reconvened the meeting at 9:22 p.m with all members of Council present. 17. MORNING CANYON RESTORATION (C -3517) — AUTHORIZE USE OF APPROVED FUNDS FOR PREPARATION OF FINAL CONSTRUCTION DOCUMENTS. Mayor Bromberg reported that, during the study session today, there was in depth discussion and review of the Morning Canyon project and what the problems are. Council Member Nichols requested that the PowerPoint slide of the profile be shown. Principal Civil Engineer Stein explained that the slide shows the gabion structure which drops three feet and has level area with quarter - percent slopes. He indicated that this will build up the canyon almost back to its original slope and use the drop structures to bring the water down in a controlled manner. In response to Council Member Heffernan's concerns, Mr. Stein clarified that the problem in Morning Canyon is associated with the loss of sediment supply that used to exist in the hillside. However, now that the area is paved over, the sediment supply is no longer available to fill in the scour areas of the canyon. He stated that the City is looking into the over irrigation issue that may be occurring upstream and believed that this problem can be addressed in about two years. Council Member Ridgeway agreed that the City is the appropriate agency to conduct the study and do the construction because the homeowners are not in the position to undertake this. However, he indicated that his issue relates to financial responsibility and suggested that the Cameo Highlands and Corona Highlands Homeowner Associations get together and consider partially paying for this. He noted that the City Attorney has looked very carefully at the City's responsibility. He stated that he is looking for an equitable solution to a difficult problem. Chris Wynkoop indicated that he won the lawsuit regarding the slope failure and now he and the Waltons are the only people in the area that have to go to the California Coastal Commission. He stated that the Coastal Commission wants them to have deed restrictions that no one else in the area needs. He confirmed that they will be spending the money and fixing the hillside. He indicated that he previously presented documents to Council regarding the canyon. He stated that he appreciates the City's cooperation and urges Council to approve this. Dick Walton stated that he understands that sometimes there's a link between private property and the benefit the City provides; however. in this case. the 15 homeowners are having water transported across their property without receiving any benefits. He indicated that the result of this is damage to their properties. He noted that the City maintained the canyon as a drainage easement for 30 years and stopped maintaining it in the early 1990s. He believed that the channel should be maintained again Volume 57 - Page 147 INDEX C -3517 Morning Canyon Restoration (100 -2005) City of Newport Beach City Council Minutes March 22, 2005 INDEX by the City as a broad, shallow flood easement to protect the homeowners who are being damaged by other people's water. Bob Patterson noted that he spoke to Council last March and that this issue was a concern of his mother's for the last 40 years. He utilized a PowerPoint presentation, stating that Morning Canyon is open space that provides watershed drainage for plants and animals, but it is also a flood channel used by the City to drain streets and adjacent developments. He reported that, in 1959, a gully was filled and a drainage pipe was installed under Cameo Highlands to pass the diverted upstream water into Morning Canyon. He displayed the Cameo Highlands Tract Map and showed the outflow structure at the toe of the slope of 621 Rockford Road. He stated that the City has an easement to maintain the pipe, structure, and drainage channel. He stated that, in 1989, the Orange County Planning Commission approved a drainage and grading plan for Pelican Hills Golf Course and the Newport Coast development. He displayed a map of the Morning Canyon upstream watershed. and compared Newport Coast and Pelican Hills Golf Course to Cameo Highlands. Mr. Patterson believed that approval of the development was granted despite concerns raised during the 1989 appeal to The Irvine Company, Orange County Planning Commission, and the City regarding the proposed changes in hydrology. He compared the conditions prior to and since the 1990 Newport Coast development. He agreed that the severe rainstorms have sped up the erosion in Morning Canyon, but believed that.the erosion is a result of changes in hydrology due to the upstream development that the City allowed. Mr. Patterson believed that the canyon residents and staff have made a convincing argument that the City is ultimately responsible for the repair and maintenance of the public drainage system. Further, they believe that the City would be held responsible for any damages caused by the failure of its drainage system. He ,tated that the residents along both sides of the canyon have cooperated with staff and provided all permissions necessary for the City to design and complete the stabilization project. He took issue that one Council Member believes that the erosion problem is a private property issue and the City shouldn't pay for the solution. Mr. Patterson believed that his property is in danger and may experience a major slope failure, although they have made requests to have emergency measures done to protect the toe of the slope. He expressed the opinion that timely, preventative measures could've lessened their recent property damage and believed that failure to take action is a sign of neglect by the City. He urged Council to approve the recommendation and direct staff to take immediate steps to stabilize the properties that are in eminent danger. In response to Council Member Ridgeway's questions, Mr. Patterson believed that the City allowed this because a City representative was present at the 1989 hearing and the City was involved in The Irvine Company's outreach. He noted that a formal appeal was filed. Council Member Daigle asked Mr. Patterson if he anticipates a problem from the homeowners with regard to granting the City the easements. Mr. Patterson stated that he can only speak for himself but noted that there was a letter of intent that was signed by all the residents. He indicated that he hopes this will remain the case. Mayor Bromberg Volume 57 - Page 148 City of Newport Beach City Council Minutes March 22, 2005 INDEX emphasized that the City doesn't want to be in a situation of approving this and then the homeowners want money for the easements. David Patterson stated that his mother purchased 621 Rockford Road in 1962. He indicated that the storm drain worked fine for many years, but his mother had concerns in 1969 due to the approval process of the Newport Coast development. He noted that she participated in the 1989 appeal process and asked the County Planning Commission to replace the steel pipe with a concrete pipe, rebuild the outflow structure, channel the water away from her slope, and build a structure to lessen the water velocity so it would not cause a scour to the toe of the slope. He stated that the City owns the storm drain pipe and outflow structure that is located on their property, the runoff has caused an enormous scour, and the slope is in eminent danger of failing. He believed that it is the City's responsibility to repair the damage and to reconstruct and improve the outflow structure to protect their property in gratuity. He requested that Council approve the recommended action and also modify the 52" outflow structure so it doesn't continue to do damage to their property. Richard Cabin stated that he lives on the other side of the canyon from 621 Rockford Road. He showed where his property line used to be and where it is today. He indicated that he and the other residents have already contributed towards the cost of the repairs in the form of land and any opportunity to get the land back since the easement will come up further on their properties. He stated that the slides only show a small example of the problem. He indicated that, from 1985 to today, he has not done anything to cause this problem. but has just been watching his land flow into the Pacific Ocean. He believed that it is appropriate for the City, not the residents along the canyon, to spend the money to deal with this issue and, if it is discovered that it's not entirely the City's responsibility, the City could approach The Irvine Company or the County. He indicated that he doesn't have a problem with giving the easement. Mayor Bromberg stated that the issue of responsibility is not entirely clear; however, the City should stand up and take care of this problem. He emphasized that the repairs will require easements from every property owner involved. He expressed the opinion that it is not appropriate in this case for the affected residents to pay anything towards the project because they will already be giving up property via the easement. Further, some of the residents have already lost property due to the problem. Motion by Council Member Nichols to 1) approve the Morning Canyon Stream Stability and Channel Restoration Study prepared by RBF Consulting (RBF); 2) approve a budget amendment (05BA -051) transferring $148,870 from the Unappropriated General Fund reserves to the Upper Morning Canyon account, 7012- C5100750; and 3) approve Amendment No. 1 to the Professional Services Agreement with RBF of Irvine to prepare final documents required for constructing a stabilization project in Morning Canyon at a fee not -to- exceed $148,870 and authorize the Mayor and the City Clerk to execute the agreement. Council Member Heffernan emphasized that this is conditioned upon the residents giving the City the easements so it could do the work. He noted Volume 57 - Page 149 City of Newport Beach City Council Minutes March 22, 2005 that the City was initially granted the easement. but the easement has been overburdened. He recommended that the City now find out the reason the easement has been overburdened, noting that there is water law that states that someone upstream cannot change things due to development. He indicated that it is fair for the rest of the City to investigate this because someone is putting water into a City easement that it was never designed to hold. Council Member Nichols believed that the present easement design does not leave a road to conduct maintenance. He suggested examining this so there's a means to get down there to fix a problem. The motion carried by the following roll call vote Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None N. ITEMS REMOVED FROM THE CONSENT CALENDAR - None. O. MOTION FOR RECONSIDERATION Regarding the Coast Highway Channelization and Median Improvements Project (Item 15 - 3/5/05), Council Member Nichols believed that there are things that can be done to improve the project and traffic. Mayor Bromberg encouraged Council Member Nichols to discuss this with staff. P. ADJOURNMENT - at 10:15 p.m in memory of Helen Wick. +tttrtn -x+: xt:ttttt:rr The agenda for the Regular Meeting was posted on March 16, 2005, at 3:20 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 March 18, 2005, at 1:05 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 150 INDEX