HomeMy WebLinkAbout01 - Minutes - 09-23-2008Agenda Report #
October 14, 2008
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
September 23, 2008 — 3:30 p.m.
I.
ROLL.-CALL
Present: Council Member Henn, Mayor Pro Tem Daigle} Mayor Selich, Council Member Curry,
Council Member Gardner
Excused: Council Member Rosansky, Council Mena Webb
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THL CONSENT CALENHR - None
2. PRESENTATION BY OCTA OMSR55 ACCESS STUDY. [100 =20081
Public Works Director Badum reported that the SR -55 Access Study is a cooperative effort
between the Orange C6001ty. Transportation Authority (OCTA), Costa Mesa, Newport
-,_
Beach, and Caltrans to rdenEt�y *potentral alternatives and address issues pertaining to
congestion along Newport'.Ooulevart '
Council Member Webb joined the meeti j! *t 3:34 p.m.
Michael Litschi, OCTA, proud a PowerPoint presentation that included the purpose of
the `study, community outrech methods, outreach findings, an explanation of no
build/baseline„ the current freeway plan, transportation systems management, vertical
t rmmal enh meement the viad�ct, the cut/cover tunnel, evaluation criteria, screening
Ij'�tion, hours of delay -reecmmended alternatives, rejected input options, 19th Street
bndgo``sensitivity;,test summary, and the next steps.
Sarah Swe'Osson, OCTA, stated that since the study began, they have held two stakeholder
meetings to'- ;discuss concerns about traffic congestion. She explained that they developed a
website thaf includes an explanation of each alternative and created an e- newsletter to
publicize open houses. She stated that the information received during the open houses,
Mine surveys, and phone calls have been evaluated and integrated.
TonA et os, LSA Associates, stated that the goal is to rule out alternatives that do not
have r Brit and to move forward with alternatives that will achieve a level of congestion
relief and alleviate other concerns. He stated that the final decision might include a
combination of alternatives.
Mr. Litschi reported that the 19th Street bridge will help reduce traffic volume on Pacific
Coast Highway and Newport Boulevard, and stated that they will present the reduced set
of alternatives to the OCTA Board in October. If approved, they will develop a scope for the
next phase of the study.
In response to Council's questions, Mr. Litschi stated that they recommend that a study be
conducted on the following alternatives: no buildfbaseline, cut/cover tunnel, transportation
system management, terminal enhancement, and a combination of alternatives. He stated
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City of Newport Beach
City Council Study Session
September 23, 2008
that all the alternatives will move the traffic more south except for the no buildfbaseline.
He indicated that the next phase will study costs. He reported that the time period for the
cut /cover alternative is expected to be 10 -15 years at an estimated cost of $200 million,
which is less than the current freeway plan. He stated that the residents of Costa Mesa
are concerned about the environmental impacts and the removal of homes and businesses.
3. BAN ON STYROFOAM USAGE. [100 -20081
Assistant City Manager Wood reported that since the ordinance was drafted, staff has
learned more information about the environmental efts and the possibility of recycling
polystyrene. She stated that the Restaurant Assam ation is supportive of the ban and
requested direction from Council.
Matthew Dodson, California Grocers Association'; _ _4tated that the ordinance will cause a
great impact on the supermarket industry -and that the are unique qualities about fresh
meat, fish, and poultry in the way it is' packaged that %n be a problem in health safety,
aesthetics, and durability. However, they are preparouna o address other packaging
alternatives for vegetables, cups,, and plates. ,
In response to Council's questions;,
includes locally packaged foods
environmental impact.
Samantha Martinez, PlastiaFpod
focus on one material and that
on finding alternatives ':She rep
greenhouse gases to make, and
recychn polystyrene as opposed ti
Couiacil Member Henn state0hat
and'faJystyrene, which is left on.. ti
Assistant City Manager Wood" ted that the ordinance
aid that all packaging materials have some type of
Service Pinking Group, believed that the City shouldn't
her organization would like to work with the City
ort€d-_that polystyrene uses 50% less energy and
providedt ,,,,,handout. She urged Council to consider
there is a significant difference between paper products
e boardwalk often.
won't biodegrade and has caused a huge problem
Council mber Gardner stated that styrofoam is not a new issue and is a concern. She
stated tha he wanted students to see that activism pays off.
Council Member Henn stated that there is no measurable study regarding the ban on
, styrofoam Pcause there are only 26 cities that have such an ordinance. He believed that
tie ordinate should exempt retail grocery stores with raw meats in bulk.
Mr. ' Dart Container Corporation, explained how they turn styrofoam into green
building products- He stated that his company would provide the densifier free of charge
to the City.
Council Alember Gardner stated that she encourages recycling; however, recycling
Styrofoam is difficult and should not be an alternative. Mr. Choi stated that his company
will incur the recycling costs and noted that a company called PDR in Santa Ana will take
the styrofoam.
Council Member Curry stated that he would like the recycling of styrofoam added to the
ordinance and expressed appreciation for the offer from Dart Container Corporation.
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City of Newport Beach
City Council Study Session
September 23, 2008
Mayor Selich stated that Council would like to continue the item, direct staff to conduct an
Environmental Impact Report (EIR), add an exemption to the ordinance relative to raw
meat products not intended for immediate consumption, and pursue a separate program
with Dart Container Corporation.
Nancy Skinner expressed support for banning styrofoam and expressed appreciation to the
City for being in the forefront on this issue.
Council Member Henn complimented the Restaurant Association for their support of the
ban. tl' "
Ariel Kusby urged Council to ban styrofoam for health and environmental reasons.
Council Member Curry requested an ana!liysis of °e ancing the recycling capabilities of
polystyrene products that are not subject to the ban.
4. CIP MAPPING APPLICATION,.1100 -20081
Public Works Director Badum reported that his department imfi' merited a new computer
application for capital projects. RE
Administrative Man er Pollard introduced staff, handed out a sample construction
report, and showed erPoint presentation that included new ways to communicate
project information tofb e r'�i,�d,ents. She stated that the application is available on the
Public Works webpage and dew,31W ti ated how to access different projects.
Council Member Rosans sy loin, the i4ift g at 5:00 p.m.
In reaponse tCouncil s quesons, Administrative Manager Pollard stated that they are in
the development phase of the "wmputer program and will work on advancing the system as
d
time gees on.;4(: _
Qwncil D e01 bei 1He i€"eommended staff and suggested that they also include the ability to
acct 3oje by completi on. and inception dates, and also suggested that the "as of
date" b oved°ftp the header. Council Member Curry also commended staff and stated
that the%ogram`isa great management tool
In respons" to Mayor Pro Tem Daigle's question, Public Works Director Badum stated that
the comp r program is flexible and formattable. He reported that staff will update
�_xin„formatlarch as soon as it is received, does not require additional staff, provides another
'axpenue get information to the residents, includes projects from one fiscal year to
F
capabilities are large, and quarterly reports can be generated.
V... F
III. PUBLIC COMMENTS -None
IV. ADJOURNMENT - 5:09 p.m.
The agenda for the Study Session was posted on September 17, 2008, at 2:45 p.m on the
City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
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City of Newport Beach
City Council Study Session
September 23, 2008
Recording Secretary
Volume 58 - Page 580
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
September 23, 2008 — 7:00 p.m.
I. STUDY SESSION - 3:30 p.m.
H. CLOSED, SESSION - 5:09 p.m.
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR
V. ROLL CALL
Present: Council Member Henn, Council Member Ra" l 1 y, Mayor Pro Tern Daigle, Mayor Selich,
Council Member Webb. Council Member Curry, ' 44pcil Member Gardner
VI. CLOSED SESSION REPORT - None
VII. PLEDGE OF ALLEGIANCE - Council
VIII. INVOCATION - Pastor Bob Brogger, ]
IX. PRESENTATIONS
Proclamation to Belmo& lage (Crowriftove) by the Fire Department - Fire Chief Lewis
read the proclamation lid Mayor Selich preseted it to Niki Gewirtz, Belmont Village Executive
Director, for being pr6active i its brush cleari ,g, efforts to prevent the spread of a wildfire in the
canyon.
Proclamation for Cons ta ion Week Mayor Selich read the proclamation.
jplq
X. NOTIC THE.t�IC
XI. CIT ''CNCIL ANN NCEM S OR MATTERS..WHICH COUNCIL MEMBERS WOULD
L POULACED ON A FTURE AGENDA FOR DISCUSSION, ACTION_OR REPORT (NON -
SSI - N,ITEM): w
Council ber Gardnef announced that the Annual Sandcastle Contest will be held on Sunday,
October 5, a rona del, GXar State Beach.
�n w
Council Member r commended the Chamber of Commerce and the participating restaurants for
the Taste of Newport event and announced that the Susan B. Komen Race for the Cure will be held on
Sunday, September 28.
Council Member Webb announced that the City Hall designs will be presented by the architects on
Saturday, September 27, starting at 8:00 a.m. in the Council Chambers.
Mayor Selich announced that Council will be referring Item 19 (Megonigal Residence) back to the
Planning Commission due to environmental issues.
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City Council Minutes
September 23, 2008
XII. CONSENT.. CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE SPECIAL AND REGULAR MEETING OF SEPTEMBER 9,
2008. [100 -20081 Waive reading of subject minutes, approve as written and order
filed. A.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all
ordinances and resolutions under consideration, and dir Ct City Clerk to read by title
only.
r
C. CONTRACTS AND AGREEMENTS F
4. PROFESSIONAL SERVICES AGREEMB T WITH PR SSIONAL PIPE
SERVICES FOR ON -CALL PIPE LIN1* REPAIRS OF S -',..R LINES (C-
4116). [381100 -2008] Approve Professidiial rvices Agreement i Professional
Pipe Services (Pro Pipe) for specializ don -ca).� emergency pipelining re ' airs of sewer
lines and authorize the Mayor and
11.1 y Clerlto execute the agreement.
5. PROFESSIONAL SERVICES A EMENT WITH ENVIRONMENTAL
COMPLIANCE INSPECTION SER , S FOR GREASE INTERCEPTOR
INSPECTIONS AND GREASE BEST MA - EMENT PRACTICES PROGRAM
INSPECTIONS
(C -411} [381I00 -2008) a > Approve Professional Services
Agreement with EnviroenIompliance Ins tion Services (ECIS) for the
contract price of $78,480 aid author` ayor ad the City Clerk to execute the
agreement; and b) approve &budget a dme 9BA-012) in the amount of $40,000
from the wastewater enterprise system' reserve to the Utilities' Grease Control Device
Inspections account. _
7. PAVEM AGEMET PROGRAM UPDATE - APPROVAL OF
PROFS 10 SERVIC !`,S AGREEMENT WITH BUCKNAM &
ASS MATE INC. (C-4110N (381100 -2008) Approve a Professional Services
Agr ` nt wi Bucknam & Asciates, Inc. of Laguna Niguel to update the City's
PavemeIljgm (PMP) at a not to exceed price of $68,038 and
authorize` ayor and the City Clerk to execute the agreement.
rr
9. 'SA r AQ HILLS ROAD MEDIAN TREES - COMPLETION AND
ACC E :_ ANCE CONTRACT (C- 4008). [381100 -20081 a) Accept the completed
work; b) thorize t City Clerk to file a Notice of Completion; c) authorize the City
Clerk to r` ase the Labor and Materials bond 35 days after the Notice of Completion
has been ` corded in accordance with applicable portions of the Civil Code; and 4)
release th' 'Faithful Performance Bond one (1) year after Council acceptance.
IL ` POLIC FACILITY LOBBY RENOVATION - COMPLETION AND
CCE TANCE OF CONTRACT (C- 3902). [381100 -20081 a) Accept the completed
w ) authorize the City Clerk to file a Notice of Completion; c) authorize the City
Cl to release the Labor and Materials bond 35 days after the Notice of Completion
has been recorded in accordance with applicable portions of the Civil Code; and 4)
release the Faithful Performance Bond one (1) year after Council acceptance.
12. BUFFALO HILLS, BONITA CREEK AND SAN MIGUEL PARK LIGHTING
IMPROVEMENTS - COMPLETION AND ACCEPTANCE OF CONTRACT (C-
3964). [381100 -20081 a) Accept the completed work; b) authorize the City Clerk to file
a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials
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City Council Minutes
September 23, 2008
XIII.
3.
bond 35 days after the Notice of Completion has been recorded in accordance with
applicable portions of the Civil Code; and 4) release the Faithful Performance Bond
one (1) year after Council acceptance.
MISCELLANEOUS
13. REASSIGNMENT OF FULL -TIME OFFICER MIKE IVIGNE TO PART -
TIME STATUS UPON RETIREMENT. [100 -20081 App ff e reassignment of full -
time Officer Mike LaVigne as a part -time officer upo Aretirement so that, as a
certified flight instructor, Officer LaVigne can be utilizgAFto train a new ABLE pilot.
14. APPOINTMENT OF STEVEN COYNE
COMMITTEE. [100 -20081 Appoint Steven
Economic Development Committee (EDC). _s
15. APPOINTMENT OF MICHAEL
AFFAIRS CITIZENS ADVISORY
Alti to the Environmental Expert.ia
Citizens Advisory Committee (EQ
S22. INITIATION OF GENERAL PLAN N
BOUNDED BY AVOCADO AVENUE, T4#
DRIVE, MACARTHU BOULEVARD J
[68/100 -20081 Adopt Re on No. 2008 -81i
Plan to change the land e i ;n from
on a site described as th outherly'p;'
bounded by Avocado Avele, the rolong
Boulevard and the Central Li racy. d
C DEVELOPMENT
One as member at Large to the
ENVIRONME QUALITY
TEE. [100 -20081 tint Michael
the Environmental uality Affairs
MENT FOR CITY HALL ON SITE
PROLONGATION OF FARALLON
imx� THE CENTRAL LIBRARY.
f king an amendment to the General
)Sn Space to PF Public Facilities
f Parcel 3 of Parcel Map No. 90 -361,
n of Farallon Drive, MacArthur
S23. PURCHA F CHEST C PRESSION DEVICES (AUTOPULSESO). [100-
20081 a�t:- "pp We the purcha` , of six AutoPulses® (chest compression devices) for
$92,41,i, from 11 Medical Corporation; and b) approve a budget amendment (09BA-
014,``o transf , $92,484 from thGeneral Fund Unappropriated Paramedic Reserve
to ac t 23 tq fuA4.thq otal purchase amount.
Tern Daigle to approve the Consent Calendar, except for the items
10
motion carFjtl by the fjUpwing roll call vote:
Ayes: Council Me4ber Henn, Council Member Rosansky, Mayor Pro Tom Daigle, Mayor
Selich, Cou ', il Member Webb, Council Member Curry, Council Member Gardner
THE C_ ON.SENT CALENDAR
OPP ION1'O PROPOSITION 5 - NONVIOLENT OFFENDER REHABILITATION
ACT (N [100 -20081
Council Member Curry discussed Proposition 5 and reviewed the staff report.
Motion .by Council Member .Curry to adopt Resolution No. 2008.80 to oppose the passage
of Proposition 5, also known as the Nonviolent Offender Rehabilitation Act (NORA), which
will be on the November 2008 statewide ballot.
Dick Nichols expressed support for the recommendation and announced that the California
Republican Assembly Presidents Council voted last night to oppose Proposition 5.
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City Council Minutes
September 23, 2008
Cynthia Koller discussed the staff report, took issue with the agreement with Sober Living by
the Sea, highlighted a July 28 Daily Pilot article, and believed that the lawsuit by Concerned
Citizens could have been prevented if Council acted on group homes issues earlier.
Lori Morris agreed that Proposition 5 must be defeated, but believed Council did nothing
about group homes issues until residents hired an attorney_ She believed that placing this
item on the agenda is an election tactic.
Denys Oberman, Concerned Citizens, provided recommen
issues and noted that the citizens have been taking on this
Barbara Roy expressed support for adopting the
Nancy Clark, rehabilitation provider, believed G
and asked to meet with Council to explain the be
Assistant City Manager Kiff discussed Ordinar
deadline is February 2009, and noted that the.6
The motion carried by the following roll call
Ayes: Council Member Henn, Council Member
Selich, Council Member Webb, Council Mei
6- RIVER AVENUE PEDESTRI.
OF PROFESSIONAL SERVI
FOR DESIGN SERVICES (C-
In response to Dick Nichols' question,
the project is to provide, wider pedestr
Motion by Contx%rl 1Vlmber Webb
Works Engrners of C to Mesa for i
not to exec rice of-1, 85,530 and
i
Agreement.
Them Ga
w :...
eCouncil
j
Selich, C
PHASE II E
CONTRACT,
k
lNichols 1
haPAW work
Would not take
of her program.
the City's group homes
)8 -5, reported tha
issue is a Council
on this issue
abatement
Mayor Pro Tem Daigle, Mayor
Council Member Gardner
,MENTS- APPROVAL
WORKS ENGINEERS
Director Badum explained that the goal of
rove a Professional Services Agreement with Civil
of final construction plans for River Avenue at a
ze the Mayor and the City Clerk to execute the
following roll call vote:
Council Member Rosansky, Mayor Pro Tern Daigle, Mayor
!ebb, Council Member Curry, Council Member Gardner
D VAPOR RECOVERY SYSTEM UPGRADES - AWARD OF
[381100 -20081
ed that this should have been instituted already and that he would be
the consultants since he is familiar with this type of work.
Motion,_b_ ` "uncil,Membtr Webb to a) approve the project drawings and specifications; b)
award the €bbntract to TAFOYA & ASSOCIATES ( TAFOYA) for the total bid price of $58,971
and authorize the Mayor and the City Clerk to execute the contract; and c) establish an
amount of $5,899 to cover the cost of unforeseen work.
The motion carried by the following roll call vote'
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tom Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
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City Council Minutes
September 23, 2008
XIV.
10. NEWPORT THEATRE ARTS CENTER LOBBY ADDITION, RETROFIT OF (E) 320'
GUYED TOWER AT UTILITIES YARD, UTILITIES YARD RADIO BUILDING, AND
UTILITIES YARD BUILDING -3 REMODEL - COMPLETION AND ACCEPTANCE OF
CONTRACT (C- 3742). [381100 -20081
In response to Dick Nichols' questions, Council Member Webb noted that the project is
detailed in the staff report.
Motion by Council Member Webb to a) accept the comp
Clerk to file a Notice of Completion; c) authorize the City
Materials bond 35 days after the Notice of Completion has]
applicable portions of the Civil Code; and 4) release the
year after Council acceptance.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council
Selich, Council Member Webb, Cc
16. COUNCIL REVIEW OF STAFF STA
COUNCIL PRIORITIES FOR 2008.
Dick Nichols believed that Council prior
Council Members Gardner and H'
progress of the priorities, and thathe
more accurate, ti
Without objection, the item was recei
ORAL REPORTS FROM COUNCIL
Council Member Gardry
water quality and
added that the Commie
Council Me bl
with Caltr ' He r
sign a at letter req
a .
Co cil Member Rosa
ittee selected an
t o t lir ".; onths.
Mayor Se announ
Wednesday, mbei,
i
XV. PUBLIC _HEARI_.
brk; b) authorize the City
to release the Labor and
:orded in accordance with
(erformance Bond one (1)
Mayor Pro Tem 'aigle, Mayor
Council Member Gardner
RESS REPORT ON SIX OF THE CITY
should bi cussed during the meeting.
at staff shoill % provide an oral report about the
naa shoul�� contain more discussion and be
filed.
COMMITTEE ACTIVITIES
d that the Coa ""allBay Water Quality Committee will be discussing
related to boat mooring off of Corona del Mar State Beach. She
hwa�aft an ordinance to deal with this issue.
that the Banning Ranch Development Agreement Committee met
an item be placed on the next agenda that authorizes the Mayor to
s to study the relinquishment of Coast Highway to the City.
ated that the Banning Ranch Appraisal and Acquisition Ad Hoc
and that the appraisal of the City's area should be completed in two
that the General Plan Implementation Committee will be meeting on
at 3:30 p.m. in the Council Chambers to review the new zoning code.
Without objection, it was the consensus of Council to discuss Item 19.
19. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF THE MEGONIGAL
RESIDENCE MODIFICATION NO. 20007 -080 (PA2007 -133) - 2333 PACIFIC DRIVE.
[100 -20081
Planning Director Lepo reported that his office received a letter today from Robert Hamilton,
biologist, who believed a site survey may be needed because of a plant that may bloom in the
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City Council Minutes
September 23, 2008
spring. He indicated that a negative declaration should be conducted so it can be completed
by spring before any grading can occur. He recommended, with the concurrence of the
applicant, that this matter be referred back to the Planning Commission.
Assistant City Attorney Harp indicated that the previous action of the Planning Commission
is moot because they now need to consider the negative declaration. He reported that any
determination that the Commission makes will be subject to appeal ouncil or Council can
refer the matter back to the Planning Commission for a recom/,nend n to Council.
Motion by.Cpuncil_M.ember Henn to refer the item to the Commiss ion to make a
recommendation back to Council.
Mayor Selich opened the public hearing. Hearing no tesUiliony, he dWd the public hearing
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Membe osa y, Mayor Pro Tem aigle, Mayor
Selich, Council Member Webb, Council embe urry, Council Member rdner
17. REVIEW OF THE FY 2007 -2008 CO I DEVELOPMENT BLOCK GRANT
CONSOLIDATED ANNUAL PERFORMA ND EVALUATION REPORT (CAPER)
TO THE U.S. DEPARTMENT OF HOUSIN D URBAN DEVELOPMENT. (100-
20081
Economic Development Coordina s reviewed t ff report and noted that Table
2 -A summarizes the City's progres
Mayor Selich opened the public hea g. He", ng no testa ony, he closed the public hearing.
Motion ._by._Mayor. P Tem Daigle prove the Draft Consolidated Annual Performance
and Evaluation
The motion c ed by a following roll 11 vote:
Ayes: Counc' tube ou i tuber Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Co em er , ncil Member Curry, Council Member Gardner
18. P SE NT DISTRICT NO. 99 -2 -AREA GENERALLY BOUNDED BY
BOA BO EVA R D OCEAN FRONT WEST, FROM WEST OF 20TH STREET
O 14TH ST T, AN 19TH STREET BETWEEN NEWPORT CHANNEL AND
BALBOA BOUL ARD F R UNDERGROUNDING UTILITIES AND DESIGNATION
AS AN UNDER OUND UTILITIES DISTRICT. (891100 -20081
yor Selich dis ssed the procedures for the Assessment District, Assistant City Engineer
Si ri provide the staff report, and Assessment Engineer Cox discussed the boundaries,
the lifted ssessment formula, and how the corrected Newport Elementary School's
assessm ced the residents' assessment amounts.
Mayor Selig opened the public hearing.
Carol Martin expressed appreciation for creating a more reasonable proposal.
Pam Murray thanked Council and staff for the updated calculation.
Pete Anderson indicated that he started this assessment district process and expressed his
appreciation to staff for their hard work.
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September 23, 2008
Hearing no further testimony, Mayor Selich announced that all written protests and ballots
are to be turned in at this time and closed the public hearing. He announced that staff will
tabulate the ballots and then Council will take action on the issue when the results are
returned to the Assistant City Clerk.
XVI. PUB_ LIC COMMENTS -None
..............
XVII. CURRENT BUSINESS
............... .
M
20. AMENDMENT OF THE NEWPORT BEACH MUNICIP CODE, TITLE 9, FIRE
CODE. [100 -20081
Fire Marshal Bunting utilized a PowerPoint presentatio o revie Trent hazard reduction
regulations and California State Fire Marshal regulat' for trees shrubs. He reported
that the proposed ordinance has two categories (le than 20% slope a reater than 20%
slope) and explained the 100' requirement. He disod"sse compliance issues uck Gully and
Morning Canyon with the 1998 program, and reorted at 21 residents were ued citations
this week for non - compliance. '
In response to Council questions, Fire A
ground cover is permitted and that the Fire De
plants. He indicated that, similar to the current pr
the residents if they do not compl with the new or(
property lines will be treated as le tree, the
already conducts hazard reductio r re
retain water, and the Los Angeles ounty's tr
hazard zones but does not include frt trees. ;jt4.!-
g indicated that up to 18 inches of
website lists acceptable fire resistive
t, the City could do the work and bill
;e. He stated that adjoining trees on
s the bottom of Buck Gully and
sl ore fire resistive because they
ides more options and discusses fire
Chris Wynkoop believed that this ordifa- should not apply to the upper portion of Morning
Canyon since the g urse and river ate a moist environment for the area. He expressed
concern that re ng a plants will ate erosion problems.
Karen Lee ted tha she has fruit tr s on her property. She expressed concern about
removing t us tre about erosi , occurring.
Jack Anderson i d Council to view the area from his deck. He indicated that State
gui yA.` ht no ly in this location and expressed concern that changing the gully
�it invite ion. ok issue that the slopes might turn into hardscapes with pools
and basketball
PJMLIQ HEARINGS - ( ntinued
18. ROPOSED AS SSMENT DISTRICT NO. 99 -2 - AREA GENERALLY BOUNDED BY
BOA BOU VARD AND OCEAN FRONT WEST, FROM WEST OF 20TH STREET
TO - TH ST ET, AND 19TH STREET BETWEEN NEWPORT CHANNEL AND
BAL BO EVARD FOR UNDERGROUNDING UTILITIES AND DESIGNATION
AS AN GROUND UTILITIES DISTRICT. [891100 -20081
Assistant City Clerk Brown announced that 57% of the ballots submitted were in favor of the
Assessment District, for a total assessment of $1,481,111, and 43% of the ballots were
submitted in opposition, for a total assessment of $1,106,913.
Motion by Council Membgr_Webb to a) adopt Resolution No. 2008-82 declaring the results
of the ballot tabulation, approving the Assessment Engineer's Report, confirming the
assessment for Assessment District No. 99 -2, ordering the acquisition of improvements, and
designating the area an Underground Utilities District; and b) approve a budget amendment
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September 23, 2008
(09BA -013) for $3,845,000 to provide $3,614,300 for the design, construction, financing and
incidental contingencies; $230,700 to establish a bond reserve; increase revenue estimates by
$3,614,300 and increase expenditure appropriations by $3,452,595; utilize the difference of
$161,705 to reimburse the City for past assessment engineering and design expenditures
related to this District; and include $5,143.42 for the related assessment on a City -owned
property located at 226 19th Street; and c) adopt Resolution No. 200 -83 approving Utility
Improvement contracts for utility improvements for Assessment Distr No. 99 -2.
Council Member Henn commended the City for working hard o reform the assessment
district process, including the elimination of the Federal ncome Tax Component of
Contribution (ITCC), competitive bidding, and working with lity companies to speed up
the process.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member sancy, Mayor Pro S aigle, Mayor
Selich, Council Member Webb, Council M ber ( ry, Council Member dner
XVII. CURRENT BUSINESS - Continued
20. AMENDMENT OF THE NEWPORT BEA __ AL CODE, TITLE 9, FIRE
CODE. (100 -20081
Sean Burke explained why the Fri of Buck ed and that they helped create
the current ordinance. He believ' to enforcement and that the
ordinance would create erosion, en onmenta $ ,, and increase the potential for fires.
Mark Malzahn noted that plants asr t wit ]obal warming and that the electric company
encourages the planting of shade tre pointed out that all trees are being treated the
same, even though are more fire ] stant. He believed that it is unfair to request that
the residents pa Ove the plantweemoved when removing plants will devalue their
properties. He inted gut that a coasta evelopment permit might be required.
1
Kate Robin bject to the ordinance nd noted that there has never been a fire in the
canyon. She pr e t Village and believed that their brush clearing was
excessive. She ad ` t hat the problems will worsen if mature trees are removed.
the City involve an erosion specialist and expressed concern that
of the trees'll be
Dan Ardell reque d that a study be conducted which considers the entire area, erosion, and
habitat.
Prough ex essed concern about erosion and asked who will make the decisions about
wlu rees wi a removed. He believed that the existing ordinance will work if yearly
inspec ' occ red, rather than adopt a new ordinance.
Brian Floo xpressed support for the proposed ordinance. He indicated that he has been
working with the Fire Department and the mitigation has not affected the appearance of his
slope. He indicated that using approved ground cover will minimize the impacts of erosion.
Chad Tillner emphasized how removing trees and brush takes homes away from the habitat.
Paige Burke stated that removing trees and brush would affect the residents and expressed
concern about eliminating homes for the animals.
In response to Council questions, Assistant City Attorney Harp indicated that the City
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City of Newport Beach
City Council Minutes
September 23, 2008
Attorney's office will need to research whether a coastal development permit is needed. Fire
Marshal Bunting confirmed that, with the new ordinance, enforcement becomes less of an
issue because the trees and brush are spaced further apart. He explained how the Laguna
Beach fires spread due to the fire hazard zones being overgrown. Council Member Webb noted
that Corona del Mar was not burned because it had a fuel modification zone that worked at
the time.
Council Member Gardner noted that everyone at a previous study ssion spoke in support
of amending the current ordinance. She emphasized that she njoys trees and nature;
however, the reason for the amended ordinance is due to the F' epartment's concern that a
fire in Buck Gully or Morning Canyon could cause a major fir ughout Corona del Mar.
In response to public comments, Fire Marshal Buntin dicated the City's consultant
removed the shrubs at Belmont Village and discove& that no gro ver could survive
underneath the thick shrubs. He added that th ublic Resources allows them to
request additional clearing around adult care cilit' . He emphasize t replanting
appropriate ground cover will assist with irr tion, rosion, and non - native lant growth;
and that most of the trees to be removed w' a on a slopes, rather than shade trees on flat
land. He noted that the Fire Departmen swings of each of the properties and the
foliage, and can determine which trees and need to be removed. He reported that it
would be difficult to rate the trees and determi a separation based on the level of fire
resistance. He estimated that about two -thuds of th es would be removed.
Council Member Henn encourage Department cise flexibility if possible to try
to preserve as much of the app rance acter o the canyon and to assist the
homeowners to understand what n be do t t erosion. Fire Marshal Bunting
indicated that the City's consultants ave d an erosio study that will be made available
to the residents during outreach.
Council Member mphasized t the most likely disaster to occur in the City is a fire
in Buck Gully thi has the greate potential for damage. He stated that it is not an
option to do ng, b ' hopes the City c find some flexibility.
Mayor Selich ted rimary responsibility is public safety and that the
Fire Department' ates that. t er problem that needs to be dealt with.
M cil, ,,_, b.e.r Webb to continue this item to the next meeting to allow for the
al and en vir ental s to be researched.
Assistant City At ney Is confirmed that Council can close the discussion, not take public
comments at the xt meeting, and make a decision on the matter.
uncil Member enn requested that the next staff report include a more detialed description
an an as to h the Fire Department is going to provide assistance to the homeowners on
how can p vent erosion.
Ame.nde...: tion,by Coup oil Member ebb to continue this item to the next meeting to
allow for t 'e legal and environmental issues to be researched; close the discussion; not take
public comments at the next meeting; and make a decision on the matter at the next meeting.
The amended motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Webb, Council Member Curry, Council Member Gardner
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City of Newport Beach
City Council Minutes
September 23, 2008
21. RESOLUTION ENCOURAGING 10 PERCENT VOLUNTARY WATER
CONSERVATION BY ALL CITY OF NEWPORT BEACH WATER SERVICE
CUSTOMERS. [100 -20081
Council Member Gardner requested to meet with staff to discuss this in further detail.
Motion by Council Member Webb to continue the matter.
The motion carried by the following roll call vote:#
Ayes: Council Member Henn, Council Member Rosansky, or Pro Tern Daigle, Mayor
Selich, Council Member Webb, Council Member Curry,; 0 ur¢c'I Member Gardner
XVIII. MOTION FOR. RECONSIDERATI..O.N - None
XIX. . ADJOURNMENT - Adjourned at 9:30 p.m to Tue
Joint Meeting with the Costa Mesa City Council
Course Drive, Costa Mesa.
The agenda for the Regular Meeting was pos,.°Lvd_o
City Hall Bulletin Board located outside of t
Building. The supplemental agenda for the Regul
2008, at 1:45 p.m. on the City Hall Bulletin Board
ieptember 30, 200$+'„ .4:00 p.m. for a
e Costa Mesa Golf Co e, 1701 Golf
g0eptember 17, 2008, at 2:45 p.m on the
'ty of Newport Beach Administration
aMeeting was posted on September 19,
loc "mod outside of the City of Newport
Volume 58 - Page 590
CITY OF NEWPORT BEACH
City Council Minutes
Adjourned Regular Meeting
Joint Meeting with Costa Mesa City Council
September 30, 2008 — 4:00 p.m.
I. PLEDGE OF ALLEGIANCE - Mayor Bever, City of Costa
II. ROLL CALL 4
Present: Mayor Selich, Mayor Pro Tem Daigle,
Rosansky, Council Member Webb, Council,
Mayor Bever, Mayor Pro Tem Mansoor, uI
Excused: Council Member Dixon
III. OPENING COMMENTS
1. Mayor Edward D. Selich, Cit of Newport
Mayor Selich reported that this
Costa Mesa have common proble that the
IV
2. Mayor Eric R. Bever, City of
Member Henn, cil Member
Gardner, Council ber Curry,
ber Foley, Council Member Leece
that Newport Beach and
Mayor Bever state t both cities et further if they work together, and thanked the
public and both s and staff fo ttending.
1. Presentatio Ev it Connection to John Wayne Airport/OCTA
"Go Local" Pro' -
P ucey Nking ciates, utilized a PowerPoint presentation to highlight why it
as importan loo a transit carrier system for John Wayne Airport (JWA).
She discussed r swork for the Go Local Program, the targeted high density
clusters by zip e, the targeted air passengers, current hotel shuttle service to JWA,
shuttle service tions, the impacts on JWA by South County residents, and how
Disneyland han es its resort/hotel traffic. She discussed the passenger counts into Los
eles Airpor ), JWA, and Ontario Airport.
Joel ' ith, ucey and Associates, discussed the primary reasons for traveling out of
JWA, t dent /visitor mix, where Orange County travelers come from, current modes
of groun ransportation to JWA, where JWA employees reside, and transit rideshare
potentials.
Jeff Thomas, Landen & Brown, reported on the airport options Southern California
residents consider, and reasons and opportunities for regionalization. He noted that the
origin of JWA passengers are fairly concentrated, and that this is similar to LAX's data.
Heather Summers asked if there will be a move to use McCarran International Airport in
Las Vegas more and whether legislation allows the use of airport funds for secondary and
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City of Newport Beach
City Council Minutes
September 30, 2008
2.
tertiary transportation purposes.
In response to Council Member Curry's questions, Consultant Ducey indicated that it may
be possible to have people bussed back and forth between JWA and LAX; however, they
need LAX's data in order to look into this further.
Council Member Gardner noted that JWA can assist with em/paof l transportation issues.
Council Member Webb indicated that JWA may be able to suhe employee cost for
transit passes, etc. Consultant Ducey noted that this is not er scope of work but
JWA is enthusiastic to their ideas.
Motion. by. Mayor Se_lich to receive and file.
The motion carried by the following roll call vote:
Ayes: Mayor Selich, Mayor Pro Tem Daigle,
Rosansky, Council Member Webb, Count
In response to Costa Mesa Council que
contact any hotel shuttle services, but
service for JWA based on how Disneyland
report in about two weeks for each City
funding only allowed her to look at local
believed that improving groun s or
stated that they will also be inte a
data from Ontario Airport. He uggest[
analysis since this is a County -wi issue.
Mayor Bever suggested asking O(
Beach and Costa residents in
at
concern th u di transportat;
Thomas
for Disn
Leece q
Absent: Council
Mesa
they are
Member Henn, cil Member
Gardner, Council 3Wber Curry
Ducey noted that she did not
p with the idea of a centralized shuttle
s. She reported that she will finalize her
prove. She noted that the Go Local
irta , not regional transportation. She
is the a's best solution. Mr. Thomas
to with 's data, and hopefully receive
giona source be used to fund the
i create an on -call shuttle service for Newport
to help relieve airport congestion. He expressed
in JWA to Anaheim would increase traffic. Mr.
using Ontario Airport, not JWA, as the airport
receive and file.
following roll call vote:
Pro Tem Mansoor, Council Member Foley, Council Member
Dixon
f Understanding on John Wayne Airport between the City of
the City of Newport Beach, California.
Ne Be h City Manager Bludau provided the background behind the 1985
Settle greement and amendment to the Settlement Agreement. He pointed out the
importan of the Federal Aviation Administration (FAA) letter that grandfathers the
agreement from the Federal Airport Noise and Capacity Act (ANCA). He indicated that
the current agreement expires on December 31, 2015 and that corridor cities assisted with
that effort.
Costa Mesa City Manager Roeder reviewed the goals and objectives listed in the
Memorandum of Understanding (MOU), and pointed out that the MOU also provides
financial assistance from Costa Mesa.
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City of Newport Beach
City Council Minutes
September 30, 2008
Regarding Objective 4 (work with other cities in Orange County), Council Member
Rosansky recommended focusing on the South County cities that fought against having an
airport at El Toro.
Council Member Curry emphasized that this is a quality of life issue for both cities and
that money spent on this is an investment.
Council Member Henn expressed support for the MOZandhIo that this wil l be a
template for the two cities to work together on other issueMayor Selich believed that preserving general aviation at sist with minimizing
the impacts on the two cities.
Mayor Pro Tem Mansoor requested that "to a lesserxtent" be re ed from the fourth
Whereas and Objective 3 (establishing a wo?vem staff relationshi tween the two
cities). He received clarification from both C agers regarding J (enabling
Orange County residents and businesses to tly access underuse t -of- county
airports). City Manager Roeder added that *& M will evolve and change over time.
Council Member Foley encouraged invo th North and South County cities. She
thanked AirFair and the Airport Working Gro WG) for their involvement.
Mayor Bever reported that a en
curfew and requested that this
has a sphere of influence a
agreement. City Manager Bowie
bring something back to the Costa'
has concerns with using "modest"
and Costa Mesa City Attorney Pot1
substance relative e MOU.
aviation a NJHe lorida agreed to a voluntary
fight up wi noted that Newport Beach
osta Mesa can generate an
Zesescuss this with Newport Beach and
unce . yor Bever indicated that AirFair
he airport growth. City Manager Roeder
this is in the staff report and has no legal
City Manage luda discuJrean though there are four parties to the Settlement
Agreemen here ar many ences on the issue, such as the airline industry.
He empha that t a parties allowed for some growth, otherwise the
Settlement A grandfathered by the FAA.
N AirNei 0led their concern with using "modest" to describe the airport
owth. She. rsupport for the MOU and noted that there is currently no
way to reach t ort from Anaheim. City Manager Roeder indicated that they
will remove "mo staff report.
Jim Fitzpatrick pressed hope that a rail and transit system is developed and encouraged
he two cities to pork together on other issues of mutual interest.
?nd*e_ y or Pro _ Tem Mansoor to approve the amended Memorandum of
d'
The motigA carried by the following roll call vote:
Ayes: Mayor Bever, Mayor Pro Tem Mansoor, Council Member Foley, Council Member
Leece
Absent: Council Member Dixon
Motion_b_y_Council_Member- Webb to approve the Memorandum of Understanding as
amended by the City of Costa Mesa.
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City of Newport Beach
City Council Minutes
September 30, 2008
The motion carried by the following roll call vote:
Ayes: Mayor Selich, Mayor Pro Tem Daigle, Council Member Henn, Council Member
Rosansky, Council Member Webb, Council Member Gardner, Council Member Curry
V. PUBLIC COMMENT -None
Vl. CITY_COUN.C.IL MEMBER COMMENTS -None
VII. ADJOURNMENT - 6:13 p.m.
The agenda for the Adjourned Regular Meeting (Joint Meet' h the Costa Mesa City
Council) was posted on September 26, 2008, at 3:16 p.m the all Bulletin Board
located outside of the City of Newport Beach Administr ion Builds
Volume 58 - Page 594