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HomeMy WebLinkAbout10/14/2003 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session October 14, 2003 - 4:00 p.m. ROLL CALL Present: Heffernan, Ridgeway, Adams, Webb, Nichols (arrived late), Mayor Bromberg Absent: District 2 (vacant) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Webb confirmed with City Manager Bludau that Item No. 3, Municipal Code Addition - Sewer Manhole Frames and Covers, would be pulled from the Consent Calendar at the evening meeting. Council Member Heffernan stated that he would be pulling Item No. 10, parkway Ficus Tree Maintenance, from the Consent Calendar to ask how the budget amendment under consideration for $60,000 was calculated and what effect the $50,000 that was spent in the 2002 -03 fiscal year had. Council Member Heffernan stated that he would also be pulling Item No. 13, Bayview Landing Coastal Commission Entitlement, to ask why the City is paying $1.00,000 for consultant fees and how such issues have been handled in the past. In regard to .Item No. 14, Human Services Grants, Council Member Heffernan stated that he would be pulling the item for a report on how the Newport Harbor and Corona del Mar high schools plan to use their grant money. Lastly, Council Member Heffernan referred to Item No. 16, Tabak Residence Variance and Modification, and requested that the history of the City allowing a private homeowner to encroach without a fee into City -owned property be provided at the evening meeting. Regarding Item No. 16, Council Member Adams also requested that a report be provided on the differences between the Ensign approval and the Tabak variance. 2. AIR QUALITY MANAGEMENT DISTRICT (AQMD) ORAL PRESENTATION. Bill Craycraft, AQMD Governing Board Member, commended the City for its use of electric vehicles. Using a PowerPoint presentation, Mr. Craycraft stated that the AQIVID`s motto is "Cleaning the Air That We Breathe". He stated that air pollution in California has a long history, and that Senate Bill 2,50 (SB250) created the South Coast Air Quality Management District. (SCAQMD). FIe Volume 56 - Page 423 INDEX Air Quality Management District (AQMD) ((;I) City of Newport Beach Study Session Minutes October 14, 2003 INDEX stated that SCAQMD is responsible for keeping the air clean throughout Los Angeles, San Bernardino, Riverside and Orange counties. Using illustrations, he provided a brief background on how air pollution is produced, and stated that a critical issue faced today involves the fine particles that travel into our lungs and accumulate over time. He stated that the AQMD recently determined that 71% of cancer causing pollutants come from mobile sources, and that studies continue to link poor air quality with significant health risks. Mr. Craycraft stated that the AQMD Governing Board consists of twelve members, which include four County supervisors, five City Council members and three State appointees. He stated that the accomplishments of the AQMD include developing the Air Quality _Management Plan and establishing baseline levels of air toxics, and noted that if the AQMD had not been addressing air pollution concerns, Orange County would not be enjoying the quality of life that it does. Ile also noted, however, that on July 11, 2003, the first Stage One alert in the past five years was issued. He displayed a graph which showed that the Southland's peak smog levels have declined 65 %, the number of unhealthful air days has been lowered by 75% and the amount of toxic air levels have been reduced dramatically since 1985. Mr_ Craycraft stated that the AQMD's work is far from done and that Federal mandates must continue to be met in the future. He asked for the City's support in meeting these standards. He listed some of the initiatives and areas where the penalty money that the AQMD receives is spent. Ile asked that the City also make clean air a high priority when making decisions regarding operations, and to encourage those making complaints about smoke or odor to call 1- 800 -CUT -SMOG. Mr. Craycraft specifically asked that the City include an air quality element in its general plan and support more stringent controls on mobile sources of air pollution. Ile announced that the AQMD meets on the first Friday of each month. Council Member Heffernan asked how a person can report a vehicle that appears to be polluting the air. Mr. Craycraft stated that the violation can be reported by calling 1- 800 - GUT -SMOG, and that the AQMD reports the information to the Department of Motor Vehicles (DDT. Council Member Heffernan stated that the Federal government is promoting the use of big vehicles with its tax policies. Mr. Craycraft stated that the AQMD is faced with many challenges regarding mobile sources and working with the Federal and State governments. Council Member Heffernan asked what can be. done to allow hybrid cars in the carpool lanes. Mr. Craycraft, stated that the AQMD continues to try to influence such regulations. Dolores Otting stated that a new house being built next door to her includes an outdoor fireplace. She stated that fireplaces in homes have higher chimneys, which prevents the smoke from going into nearby homes, but that the City is permitting outdoor fireplaces. She asked how the AQMD is dealing with the issue. Ms. Otting stated that the City might be liable for allowing the pollutants to affect people's health. Mayor Bromberg noted that he met. with Ms. Otting regarding the issue and that be is looking into it. Mr. Craycraft suggested that anyone that notices a Volume 56 - Page 424 City of Newport Beach Study Session Minutes October 14, 2003 situation that appears to be unhealthful to call 1 -400 -CUT -SMOG. He stated that an inspector will be sent out to investigate the concern. Council ':Member Heffernan asked what the AQMD's position is on fireplaces. Mr. Crayeraft. stated that he is not aware of any rule regarding indoor or outdoor fireplaces. 3. ENFORCEMENT OF THE UNIFORM FIRE CODE IN NEWPORT HARBOR. Assistant City Manager Kiff stated that the Harbor Commission and many others have spent considerable time on the issue_ He acknowledged the Harbor Commissioners present at the meeting and the many others who have been involved in the process. Using a PowerPoint presentation, Harbor Resources Manager Rossmiller stated a subcommittee of the Harbor Commission has developed a plan to address the issue of Fire Code enforcement in Newport Harbor; and that they recognized that full and immediate enforcement could impact the harbor and marine businesses. Mr. Rossmiller displayed a photo of a fire in the Seattle, Washington area where 31 vessels burnt and sunk in the marina. He explained that the problem exists countrywide, and that the issue involves vessels that are berthed in such a manner that if a fire were to occur, the vessel could not be removed from the dock and other vessels or structures might be involved. In addition, the vessels encroach into the navigation channels and exceed dock design criteria. Mr. Rossmiller provided a historical perspective on the issue and explained that the Harbor Commission has been very active in addressing the issue. He stated that the subcommittee that was formed included Commission members, as well as representatives of the commercial harbor activities, which included charter vessels, charter maintenance firms and owners of firms that sell vessels. He stated that the Harbor Commission adopted the recommended action plan in May of 2003. Mr. Rossmiller stated that the '_Newport Beach Municipal Code (NBMC) currently includes a provision that states that no person holding a perinit issued under the terms of Chapter 17.24 shall permit, or allow a vessel to be made fast to any other vessel. Another applicable code states that every vessel lying at any pier in Newport Harbor shall be fastened thereto with such lines, at least from bow and stern,. and in such a manner as to assure the security of such vessel. Ile stated that some exceptions are allowed. Mr. Rossmiller stated that the Uniform Fire Code (UFC) also includes it standard that states that each berth shall be arranged such that a boat occupying a berth can be readily removed in an emergency without the necessity of removing other boats. He displayed an overhead photo, which was taken in Newport Harbor and provided an example of multiple vessels being berthed in a single slip and vessel rafting. In response to Council Member Heffernan s question, Mr. Rossmiller .stated that the NMBC does not require pier permit, holders to dock only vessels that they own. Assistant City Attorney (Aaueon agreed that the pier permits do not Volume 56 - Page 425 INDEX Uniform Fire Code ('41) City of Newport Beach Study Session Minutes October 14, 2003 INDEX appear to specify what boats can be docked at the pier. '_Mayor Pro Tem Ridgeway stated that he doesn't believe that private residential pier permit holders can rent to other boat owners. Assistant City Manager Kiff added that the potential commercial use of a residential pier is not addressed in the NBMC, but can be interpreted through the tidelands trust which prohibits the commercial use of public property. He explained that in this case, the public property would be the harbor. Mayor Pro Tern Ridgeway- agreed and stated that the issue also includes the question of whether the City should receive compensation for such rentals. Assistant City Attorney Clausen added that commercial pier permits do not prohibit the permit holders from renting their space. Mr. Rossmiller continued with his PowerPoint presentation and stated that the National Fire Protection Association (NFPA) developed the fire protection standards for marinas and boatyards. This standard has been adopted by the City as a part of the Fire Code. The purpose of the standard is to provide a minimum acceptable level of safety to life and property from fires and electrical hazards at marinas and related facilities. Mr. Rossmiller reported that in February of 2002, the Harbor Resources Division conducted a survey of the 63 commercial sites on City and County tidelands. He stated that the survey showed that 32 sites were in violation of the Fire Code, and it was estimated that if strict enforcement were done at that time, approximately 150 vessels would have been required to be moved from the harbor. Mr. Rossmiller stated that the action plan approved by the Harbor Commission begins by notifying all commercial permittees of the vessels that are berthed in violation of the code, outlining an enforcement plan, setting compliance dates and describing a compliance plan that is being referred to as the "6 + 6" plan, which provides the permittees with six months to develop and submit a compliance plan. If this is done, they will be given six months to comply. If not, enforcement will begin immediately. Mr. Rossmiller stated that the second part of the action plan is to prepare an enforcement plan that identifies the team members, items to be covered and the inspection schedule. He stated that the initial inspection and development of a strategic plan would be. completed by a team that would include the office of the Harbor Resources Division, the Fire Marshal and the Orange County Sheriffs Harbor Patrol. Follow up inspections would be conducted by an abbreviated group. Mr. Rossmiller stated that the Harbor Commission is also recommending that a fee schedule be established to recover inspection and enforcement costs, and that a Best Management Practices (BMP) plan be prepared. Mr. Rossmiller stated that the establishment of a special circumstances review board is also recommended. This board would meet with commercial permittees on a case -by -case basis to discuss alternatives to compliance. It is also recommended that an interim strategy be implemented to alleviate as many fire code violation problems as possible. The action plan also includes the creation of a central clearing house /resource center at the Harbor Resources offices to provide information to permittees and the general public, as well as placement of the information on the Citv's website. Volume 56 - Page 426 City of Newport Beach Study Session Minutes October 14, 2003 INDEX Mr. Rossmiller stated that other issues include bringing residential piers into compliance, regulating commercial uses of residential piers, updating commercial dock standards, encouraging more vendors to work in the harbor, if needed, and possibly adding moorings that could also be temporarily used to help alleviate some of the overcrowding in the harbor. Lastly, Mr. Rossmiller displayed information on where more information can be. obtained. Mayor Bromberg asked if a mitigation plan had been developed. Mr. Rossmiller stated that each of the permittees will receive a packet that will include a model plan and best management practices, and that it will be up to the permittees to develop a plan specific to their site. Mayor Bromberg expressed his concern about achieving compliance in a timely manner and asked if the Fire Chief was comfortable with the proposed plan. Fire Chief Riley stated that there is a problem and something needs to be done quickly. The problem, however, has developed over a long period of time and it will take some time to solve it. He stated that the plan is fair and reasonable, and will give an acceptable target for compliance. He likened it to the successful fuel management program that was recently completed in the Newport Coast area. Council Member Heffernan asked if there is an inherent conflict with the County having the fire boat in the harbor and the City enforcing the rules. Fire Chief Riley stated that both the County and the City world respond to a fire attached to a dock. Council Member Heffernan asked if the Countv should adopt the same rules. Fire Chief Kiley explained that the County only enforces the rules within their areas of jurisdiction and the City is the enforcing authority for nearly all of the pier and dock regulations in Newport Harbor. Council Member Heffernan stated that the fuel management program in Newport Coast didn't affect. the economic interests of the City like fire code enforcement in the harbor will, noting that there could be more resistance. Fire Chief Riley stated that the Fire Department deals with resistance every day, and that, public safety doesn't always work in favor of economic interests. Mayor Bromberg complimented the Harbor Commission on the work they've done, and asked Harbor Commission Chairman Collins if he was comfortable with the Harbor Commission handling the new program or if a City Council committee would be needed. Chairman Collins stated that it's a two -part program, with the first part involving interim compliance and the second part addressing the long -term solutions. He. stated that the City Council's assistance will be needed for the long -term solutions and the comprehensive efforts that will be required. Mayor Pro Tern Ridgeway stated that he owns a commercial pier and a residential pier, and asked if that would present, a conflict of interest. Assistant City Attorney Clausen stated that if there is a potential for financial impact from the proposed actions, then there would be a conflict of int.erest.. Mayor Pro Tern Ridgeway stated that he wasn't aware of any. He asked if boats in storage at the boatyards violate the intent of the Fire Code. hire Chief' Riley stated that boats on uplands property, upland of the bulkhead, do not violate the berthing regulations being discussed at the current meeting. lie noted, however, that they do have other regulations that they have to comply with. In response to Volume 56 - Page 427 City of Newport Beach Study Session Minutes October 14, 2003 INDEX Mayor Pro Tem Ridgeway's question, Fire Chief Riley stated that the City has total authority over all of the pier and dock fire regulations in the bay, except for a few areas that are County tidelands. Mayor Pro Tern Ridgeway confirmed that this would include the moorings. Fire Chief Riley added, however, that the Sheriffs Department does assist the City, by contract. In response to Mayor Pro Tem Ridgeway's question, Fire Chief Riley stated that the Harbor Patrol has both fire boats and patrol boats. Mayor .Pro Tern Ridgeway suggested that the Fire Department inspect the fire boats to make sure that they're adequate. Additionally, he asked if the Harbor Master was included in any of the meetings when working on the proposed plan. Mr. Rossmiller responded in the affirmative. Mayor Pro Tem Ridgeway asked if all commercial marinas will be required to have fire hydrants. Fire Chief Riley stated that some are required to have more fire protection than others based on marina design. Mayor Pro Tern Ridgeway stated that an inventory of the moorings in the harbor needs to be done and that many of them are pathetic. Ile suggested that the City consider taking back jurisdiction of total administration of all of the moorings. In regard to the possibility of needing more vendors to perform the work that will be needed for compliance, Mayor Pro Tern Ridgeway stated that there are only two vendors in the harbor that are qualified. He suggested that some type of licensing requirement be. considered. Chairman Collins stated that the Harbor Commission also feels that one of the greatest constraints to the process is the lack of qualified vendors in the harbor. Lastly, Mayor Pro Tom Ridgeway noted the need for more moorings and the yacht brokerages that have a difficult time finding a place to put their boats. Council Member Nichols stated that the NFPA develops standards that are typically applied to the City's codes, and that the City could begin the process of enforcement by making that clear to the commercial operators. Council Member Heffernan asked if the Harbor Commission had addressed the issue of the City taking over administration of the entire harbor. Secondly, he asked if there are standards that can be enforced regarding the size of boat that can be tied to a particular dock. Chairman Collins stated that the Harbor Commission is not currently planning to study who should perform various harbor duties. In response to the second question, he stated that there are standards about overhang, but that it is not a fire issue. Council Member Heffernan confirmed with Chairman Collins that it should be a part of the long- term strategic plan. In response to Council Member Webb`s question, Mr. Rossmiller stated that the Harbor Commission is trying to find a short -term solution to the 150 vessels that may be misplaced. He explained that they arc seeking improved use of the moorings and temporary locations for the vessels to tie up to. '.Mayor Pro Tern Ridgeway expressed his support for the Harbor Commission's ability to deal with the issue better than the City Council. J. R. Means, co -owner of Bayport Yachts, a local boat broker and dealer, stated that his company will be directly affected by the proposed plan. He explained that they don't know where the3,11 put their clients' boats. Ile asked how a balance can be reached while, at the same time, protecting public safety. Volume 56 - Page 428 City of '.Newport Beach Study Session Minutes October 14, 2003 INDEX Additionally, he asked if the fires mentioned earlier were the result of stacked boats or if they were boathouse fires. Council Member Heffernan asked what proportion of boat buyers take delivery offshore, thus bypassing the sales tax payment. Mr. Means stated that it is close to 40 %. Mayor Pro Tem Ridgeway asked how many boat buyers of boats over 40 feet take offshore delivery. Mr. Means stated that it is about the same percentage, adding that nearly all of their sales are of boats over 40 feet. Gordon Brock stated that he is in the boat business. Regarding the photo displayed earlier of the fire in Seattle, Mr. Brock stated that he was there and that it was a completely different situation than exists in Newport Harbor and not pertinent to the concerns being addressed at the current meeting. Mr. Brock stated that the proposed plan will have a negative impact on the boat business in the City. In regard to safety issues, Mr. Brock stated that the newer boats are safe and don't have people living on them. He stated that the boats on the water shouldn't have regulations different than those at the storage facilities. Mayor Pro Tem Ridgeway asked who does the enforcement of the fire suppression systems on the boats. He asked if there was a way to be less harsh on the diesel - powered boats with halon systems and adequate fire suppression equipment. He noted that the gas- powered boats are dangerous and comprise the majority of the boats in the harbor. Mayor Pro Tem Ridgeway stated that there should be a way to work with the brokerages. lie stated that he is only aware of inspections being done when a boat is sold. Mayor Bromberg stated that he spoke to the Chamber of Commerce Government Affairs Committee earlier in the day and is always concerned when commerce in the City might be negatively affected_ He noted, however, that the City is facing a safety issue and is mandated by law on the matter. He felt, that, a compromise could be reached. He stated that boats will be lost from the harbor, but that it shouldn't be 150. Mayor Bromberg stated that the talent is there to find a solution and that any plan will have to be signed off by the hire Chief. Mayor Pro Tem Ridgway agreed that boats will be lost, but it's the type and size that concerns him. He also agreed that a solution should be sought to help the commerce of the yacht brokerages and those that have the larger boats. He stated that the Harbor Element supports the harbor, as well as the recreation marine commercial zoning on the uplands. He stated that a compromise will he difficult, but encouraged solutions that wilt help the industry and the economy. Mayor Bromberg also suggested that the fire equipment be looked at, as well as the reconfiguration of docks. Council Member Heffernan stated that the City has priced itself above what many can afford. He noted that there is an intense demand on a finite resource_. which is the dock space. He stated that its a difficult problem. Volume 56 - Page 429 City of Newport Beach Study Session Minutes October 14, 2003 In regard to the Nlayor suggesting that other options besides strict enforcement be looked at, Assistant City Manager Kiff stated that the Harbor Commission is recommending that a special circumstances review board be established. He asked if the special circumstances that might be considered should be a part of the report that comes back to the City Council. Mayor Bromberg stated that it would be the time and, in addition, he would want to know if the Fire Chief supports those circumstances. Council Member Webb confirmed that the City Council is recommending that staff move forward with the "6 +6" plan. 4. STATUS REPORT ON SANTA ANA RIVER CROSSINGS (SARX) STUDY AND PRESENTATION BY ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA). Dave Elbaum, Director of Strategic Planning, OCTA, stated that Huntington Beach and Costa Mesa are not in support of constructing two bridges across the Santa Ana River. He stated that OCTA is trying to find alternative projects that would alleviate the traffic congestion in the area, but that the alternatives under consideration are not supported by Newport Beach or Fountain Valley. Mr. Elbaum explained that OCTA has consistently taken the position that any changes to the Master Plan of Arterial Highways (MPAH) would not be supported, if the impacts of those alternatives were shifted to a city that wouldn't accept them. lie stated that OCTA's recommendation is to not move forward with the Environmental Impact Report (EIR) until consensus from all four cities is reached. He stated that they're attempting to put together another meeting to hopefully find a strategy for addressing some of the traffic congestion, given that Huntington Beach and Costa Mesa will not build the bridges and OCTA does not have the authority to do so. Mayor Pro Tem Ridgeway stated that OCTA needs to involve other agencies, and let Huntington Beach and Costa Mesa know what might happen if they don't pick up their fair share of the regional growth and the impacts of that regional growth. He stated that OCTA needs to put some sanctions in place now, noting that the traffic congestion in the area will only get worse. Mayor Pro 'rem Ridgeway stated that OCTA needs to make it clear that they mean business, and that Huntington Beach and Costa Mesa need to cooperate. Lastly, he stated that it isn't Newport Beach that's contributing to the regional growth. Mr. Elbaum stated that OCTA only has the power to do certain things under Measure M. Mayor Pro Tem Ridgeway stated that he. understands that it will require a collective effort by all of the involved agencies. Mr. Elbaum stated that OCTA can allocate money to the cities if their general plan is consistent with the '.MPAH and if they've done nothing to preclude the possibility of building the bridges in the future. He pointed out that neither Huntington Beach or Costa Mesa have breached either requirement, so as much as OCTA would like to see the bridges built from a regional point of view, it can't deprive them of funding. Mayor Pro Tem Ridgeway stated that their lack of action does violate the requirements, noting that by their inaction, they have in effect, taken it off of their general plan. Volume 56 - Page 430 INDEX Santa Ana River Crossing (SARK) (61) City of Newport Beach Studv Session Minutes October 14, 2003 INDEX Council Member Webb confirmed that 15,000 to 20,000 trips are expected on the new bridges per day, if they are built. He noted that Newport Beach and the other streets in the area will be impacted if the bridges are not built. He stated that the City should be supporting Fountain Valley's effort to apply for funding to do a bridge study, and not remain silent on the issue. Council Member Webb also noted that Costa Mesa continues to intensify uses within their City without providing sufficient. access. He stated that Newport Beach needs to be more proactive in its statements to OCTA. Council =Member Adams requested that whoever represents Newport Beach at the upcoming meetings with OCTA on the matter, represents the full City Council. He suggested that the City Council formulate their position. He stated that it's an important issue and the City needs to participate in it. Mayor Bromberg agreed and suggested that the Chair of the Environmental Quality Affairs Committee (EQAC) be invited to participate in the discussion with the City Council, noting that ERAC has spent a great deal of time on the SARX issue. City Manager Bludau stated that, at the City Manager level, he has supported the actions of Fountain Valley and the building of the bridges. Council Member Webb asked if staff should come back to the City Council with recommendations on a policy that the City Council might consider adopting. Mayor Bromberg stated that staff will most likely present the facts with various options to consider, and the City Council will set the policy. Council Member Webb thanked Mr. Elbaum and Glen Campbell of OCTA, who was also present at the meeting, for their efforts in trying to put a solution together. Ile confirmed that staff will formulate a policy position and present it at a future City Council meeting. Council Member Nichols stated that there is a heavy traffic burden in the area and he supports the position being taken by the City. PUBLIC COMMENTS Dolores Otting stated that, per the request of Council Member Adams, a future Study Session item was supposed to cover water quality and code enforcement. She stated that the public needs to know what the rules are. She suggested the item be placed on a future agenda. Mayor Bromberg announced that Comcast is running a tape on the issue. He stated that it's hosted by Code & Water Quality Enforcement Division Manager Sinasek and is very instructive. ADJOURNMENT - at 5:55 p.m, to Closed Session to discuss pending litigation issues and conduct a meeting with the City's real property negotiator. The agenda for the Study Session was posted on October 8. 2003, at Volume 56 - Page 431 City of Newport Beach Study Session Minutes October 14, 2003 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk I V ..y. 1 Recording Secreta� ry Volume 56 - Page 432 INDEX