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City Council Minutes
City Council Study Session
January 24, 2012 -- 4:00 p.m.
I. ROLL CALL
Present: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich,
Council Member Henn
Excused: Council Member Rosansky, Council Member Daigle
Council Member Daigle arrived at 4:11 p.m.
Council Member Rosansky arrived at 4:51 p.m.
H. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
In response to Council questions regarding Item 3 (Revised City Council Policy E -1 - Public
Records Act Policy), City Attorney Harp stated that he is comfortable with the Public Records
Act (PRA) training that staff received and believed that they have a good grasp of
the concept. He clarified that all PRA requests will go to the City Clerk's
Office first, and requests with legal significance will be sent to the City Attorney's Office.
In response to Council Member Henn's question regarding Item 12 [Corona del Mar (CdM)
Coastline Classic: Waiver of Parking Fees at CDM Parking Lot], Recreation and Senior
Services Director Detweiler stated that staff has not received a special events permit
application for the Newport Elementary Car Show. Council Member Henn expressed
opposition to having another car show being held within a small timeframe with the Corona
del Mar Car Show and requested that staff express his concerns. Council Member
Selich agreed with Council Member Henn's concern.
Regarding Item 7 (Selection of a Vendor to Evaluate City Refuse Services), Council Member
Hill expressed support for studying the refuse collection process; however, believed that the
report was bias, as written, to set up for outsourcing. Assistant City Manager Smith stated
that the City has an option to engage in managed competition and noted that staff will seek
advice from a consultant on how to execute the proposal. Council Member Henn briefly
discussed his experience with managed outsourcing proposals and expressed support for the
process.
2. OC HUMAN RELATIONS COMMISSION'S ANNUAL REPORT.
Ellen OShansky discussed human relation issues in Orange County, stated that positive steps
are being taken to address challenges, noted that Orange County is proud to be a nationally
recognized model, and presented a Certificate to Mayor Gardner.
3. CITY WATER QUALITY/WATER CONSERVATION PROGRAM OVERVIEW.
RESIDENT SURVEY RESULTS AND SUMMARY OF 2011 ANNUAL WATER
QUALITY REPORT.
Volume 60 - Page 344
City of Newport Beach
City Council Study Session
January 24, 2012
Water Quality Manager Kappeler presented a PowerPoint that included information on
current water quality /water conservation issues, water use efficiency, survey highlights, dry -
weather runoff, total maximum daily load (TMDL), trash, emerging issues, selenium,
improved water quality testing methods, and regulations.
In response to Council questions, Water Quality Manager Kappeler stated that the Cameo
Shores drain can be diverted upstream to the sewer line. He added that the City received
a cease and desist order in 2004 from the State regarding drainage into the Areas of
Special Biological Significance (ASBS) and reported that staff has been working with them on
the Ocean Plan. He noted that one of the outstanding issues is that there are private drains
that drain into the ASBS.
4. INTRODUCTION OF THE CAL FIRE VERY HIGH FIRE HAZARD SEVERITY ZONE
(VHFHSZ) MAP.
Mayor Pro Tern Curry recused himself and left the dais
Fire Marshal Gamble presented a PowerPoint that included information about Government
Code Section 51175, the 1993 Laguna fire, defensible space, law changes, expansion of the fire
hazard zone, maps, fire resistive building materials, insurance rate changes, and the
implementation timeline.
In response to Council questions, Fire Marshal Gamble clarified that residents are required to
have a defensible space of 100 -feet around all sides of their homes by removing
flammable vegetation. He stated that a contractor will be hued to decide if homeowners are in
compliance and noted that the five -foot setback is for emergency access to homes.
In response to Council Member Henn's question, Fire Marshal Gamble stated that
homeowners are given notices to comply. City Attorney Harp added that the State will work
with homeowners on modifications, which takes a significant amount of time. He also
explained the appeal process, stating that appeals will be heard by the Building and Fire
Board of Appeals.
In response to City Manager Kiffs question, Fire Marshal Gamble stated that all new
construction or reconstruction requires hazard reduction standards and invited residents to
look at the maps online at www.gis.newportbeach.ca.gov /gispub /nbmap.
City Manager Kiff recommended that Council not take action on the item during the regular
meeting tonight.
Council Members Selich, Henn, and Hill believed that notices should be sent to impacted
property owners.
In response to Council Member Henn's question, Fire Marshal Gamble stated that there
are approximately 272 homes in the Buck Gully, Morning Canyon, and Big Canyon
areas that are in the Hazard Reduction Zone. City Manager Kiff explained that existing
homeowners already have an obligation to clear vegetation around their homes; however,
the State is requiring additional obligations to clear vegetation around homes.
City Manager Kiff stated that notifications can be sent to the 272 homeowners that will be
impacted by the proposed changes and staff will communicate with the homeowner
associations in the impacted areas prior to Council approving the map.
In response to Council Member Henn's question, Fire Marshal Gamble clarified that there are
approximately 5,200 homes in the Very High Fire Hazard Severity Zone.
Volume 60 - Page 345
City of Newport Beach
City Council Study Session
January 24, 2012
Mayor Gardner directed staff to bring back a new staff report that addresses the Council's
and residents' concerns.
Kyle McLaughlin stated that the language is confusing and suggested that the item be
referred to the Environmental Quality Affairs Committee (EQAC) or to the
Planning Commission.
Brion Jeannette suggested that the five -foot setback be revisited and urged Council to allow
alternatives for homeowners.
Jim Mosher stated that appeals are costly and briefly discussed vegetation maintenance
outside the defensible space.
Robert Hawkins believed that the item should have been a noticed public hearing.
Shawn Burk expressed opposition to the map.
III. PUBLIC COMMENTS
Jim Mosher asked whether anything had been learned during the recent removal of 18 Eucalyptus
trees on Holiday Road, suggested the public might be interested in the status of the lawsuit to be
discussed in Closed Session regarding the restoration of a wooden sailing ship on Holiday Road, and
questioned the necessity of holding the discussions with the labor negotiator in Closed Session.
Allan Trider expressed opposition to a bridge being added at the new Civic Center, believing that a
bridge is needed at Newport Coast Elementary School instead.
IV. ADJOURNMENT - E•:60 p.m.
The agenda for the Study Session was posted on January 19, 2012, at 4:36 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
City Clerk
W
Recording Secretary
Mayor
Volume 60 - Page 346