HomeMy WebLinkAbout06/23/2009 - Study SessionCITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
June 23, 2009 — 3:00 p.m.
I. ROLL CALL
Present: Council Member Henn, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb,
Council Member Gardner
Excused: Council Member Rosansky
Council Member Rosansky arrived at 3:05 p.m.
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Gardner requested clarification on Item 10 (Advocacy for Dredging
Projects) regarding reasons for renewal and explanation of funding.
2. ISO BUILDING CODE EFFECTIVENESS GRADING FOR NEWPORT BEACH.
Building Director Elbettar utilized a PowerPoint presentation to explain the Insurance
Services Office (ISO); the rating process; building code effectiveness grading; administration
of codes; staff certification; plan review process; the quality of field inspections; past scores
received; the City's commercial and residential classification rating of "1 "; county, state, and
national comparisons; classification variations; and building code grading points. He also
expressed how proud his staff is for receiving such a high score.
In response to City Manager Bludau's questions, Building Director Elbettar stated that the
ISO rating lasts for five years and insurance companies subscribe to the ISO rating
system, therefore builders in the area should seek insurance companies that utilize ISO
ratings. Further, cost breaks should be larger for commercial properties due to higher risks
and larger volumes.
In response to Council questions, Building Director Elbettar stated the ISO program is
voluntary and clarified that 9,500 jurisdictions participated. He further clarified the affect
of the rating -period on insurance.
Mayor Pro Tem Curry and Council Member Henn congratulated Building Director Elbettar
and his staff on their accomplishment, and for being a competent and highly trained
organization.
3. TIDE POOL PROGRAM UPDATE AND MARINE LIFE PROTECTION ACT (MLPA)
ISSUE.
Marine Protection and Education Supervisor Claud- Clemente utilized a PowerPoint
presentation to explain the Harbor Resources Division; the Marine Education Program; the
Marine Life Refuge; the importance of maintaining and protecting Marine 'Protected Areas
(MPA) and Areas of Special Biological Significance (ASBS); ecological concerns for
the protected areas; the purpose of the Orange County Marine Protected Areas Council
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City Council Study Session
June 23, 2009
( OCMPAC); past primary focuses; marine education; impacts of marine education and
awareness; future changes to the Marine Education Program; and the joint effort with the
Back Bay Science Center.
In response to Council questions, Marine Protection and Education Supervisor Claud -
Clemente stated that the Back Bay Science Center is currently only open to scheduled
programs, not to the general public, but a future goal of the Center is to give the community
more access. She discussed how ordinances in Laguna Beach and Dana Point are similar to
Fish and Game regulations, and having City ordinances for Newport Beach would help
enforce regulations. She emphasized the need for greater enforcement for protecting
the habitat.
Council Member Gardner noted that the Coastal/Bay Water Quality Committee would like a
study session on the Marine Life Protection Act (MLPA) to be scheduled as soon as possible -
She also recommended that Council take a position on whether the Upper and
Lower Bays should be a no -take preserve. She believed that residents oppose making both
Bays a no -take preserve and wanted to be sure the City's position is communicated in a
timely way.
Council Member Daigle noted the importance of keeping the Newport Beach heritage as a
harbor. She recommended Council take a position on both the Upper and Lower Bay as a no-
take preserve. She commended the collaboration and pioneering effort of the OCMPAC and
applauded Marine Protection and Education Supervisor Claud - Clemente for her positive
impact. She also commented on the difficulty of gaining access to the Back Bay Science
Center.
Assistant City Manager Kiff agreed with the need to take a position on the no -take preserve
issue. He indicated that he would like the opportunity to explain what could be applicable
to Newport Beach at a future meeting and include representatives from State Parks in the
discussion.
9. REVISIONS TO CITY'S WATER CONSERVATION ORDINANCE.
Utilities Director Murdoch utilized a Summary Table to outline proposed revisions to the
City's Water Conservation Ordinance. He stated that there are four primary reasons for the
ordinance, one of which being the City is running out of water.
In response to Council questions, Utilities Director Murdoch stated that the Metropolitan
Water District (MET) is asking all agencies to reduce water usage by 15% and penalties
would be issued if the amount of water purchased is exceeded. He discussed long -term
solutions, including adjusted billing for consumption patterns. He noted that there is
currently no legislation that restricts cities from sharing water. He reported that the cost to
have meters read electronically rather than manually would be around $8 million; there are
opportunities for more efficient billing; tiered rates will assist with this. The proposed rate
increase by using reserves will help ease the blow to the customers. He also discussed two
methods of enforcement: rate -based penalties and municipal code violations, noting that
warnings would be issued first. He also discussed the basin pumping percentage; the salt
water intrusion barrier; the cost of desalinization; Proposition 218; funding restrictions; the
Governor's 2020 Plan; Best Management Practices (BMP); and MET funding and
compliance. He noted that the new ordinance asks residents to reduce water usage based on
a system of four alert levels that the City could declare if required. He also stated that there
is currently no program or incentive for homeowners to purchase pool covers.
In response to Council questions, Assistant General Manager Seckel discussed the status of
the Poseidon Project and clarified the difference between MET, Municipal Water District of
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June 23, 2009
Orange County (MWDOC), and the Orange County Water District (OCWD)
Council Member Daigle commented on plans to expand the infrastructure of the basin
and highlighted the purpose of the plan for the peripheral canal.
Council Member Gardner commented that the proposed permanent restrictions are
reasonable. She noted that usually a large number of people comply with these types of
ordinances and agreed with implementing a two -fold approach.
Council Member Henn pointed out the importance of defining an efficient appeal system for
reasonable appeal situations.
City Manager Bladau supported the
conservation measures will help drive down
He recommended moving forward with the
Session.
III. PUBLIC COMMENTS -None
IV. ADJOURNMENT - 4:50 p.m.
need for tiered rates. He believed that
usage and that enforcement will be difficult.
ordinance and discussing it at a future Study
The agenda for the Study Session was posted on June 17, 2009, at 3:20 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
Mayor
City Clerk
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