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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 Volume 59 - Page 191 City of Newport Beach 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 Volume 59 — Page 192 City of Newport Beach City Council Study Session 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 (i �j.. Volume 59 — Page 198