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HomeMy WebLinkAbout09/10/2002 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session September 10, 2002 - 4:00 p.m. ROLL CALL Present: Heffernan, Bromberg, Adams, Mayor Ridgeway Absent: O'Neil, Glover, Proctor CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Mayor Pro Tem Bromberg stated that he would be recommending the continuance of Item No. 13, Revisions to Section H of the City of Newport Beach Council Policy Manual, at the evening meeting. He explained that in January, the Harbor Committee was asked to develop a mechanism for determining boat size in regard to encroachments. He suggested that this information be provided prior to making revisions to Council Policy H -1. Council Member Heffernan stated that he would be pulling Item No. 10, Budget Amendment to Expand the Department's Efforts in Inspecting Fuel Modification Areas in Newport Coast, from the Consent Calendar at the evening meeting. He explained that due to the issue of fire safety, be would be requesting information on the possibility of allocating more money and having the report done sooner. Council Member Heffernan stated that he would also be asking for additional information on Item No. 14, Workers Compensation Excess Insurance Renewal. He explained that he would be seeking a clarification on the significant increases in overall coverage amounts and if they're warranted. Mayor Ridgeway noted that the budget amendment for Item No. 10 was for the 2002 -2003 fiscal year. Regarding Item No. 7, Jamboree Road Reclassification Study, Council Member Adams requested that an evaluation of the flyover to the 73 Freeway and a grade separation on Jamboree Road be included in the study. Public Works Director Badum stated that the additional cost would be minimal. 2. ADOPTION BUILDING/FIRE CODE CHANGES. Building Director Elbettar announced that the adoption of the Building and Fire Codes is also on the agenda for the evening meeting. Using a PowerPoint presentation, he stated that the code adoption process occurs every three years and incorporates changes based on such things as events and improvements in technology. The codes being proposed for adoption include the 2001 California State Codes for Building, Plumbing, Mechanical, Volume 55 - Page 359 INDEX Adoption Building/Fire Code Changes (26/41) City of Newport Beach Study Session Minutes September 10, 2002 Electrical and Mre. INDEX Building Director Elbettar stated that the codes would be effective on November 1, 2002, and that any amendments would need to be made prior to then, to avoid any gaps locally. He added that amendments to the building standards must be justified by either local geologic, topographic or climatic conditions. Building Director Elbettar displayed a timeline for local adoption of the codes, which included a review of the codes by the Building Code Board of Appeals on August 29, 2002, introduction of the ordinance at the current meeting and adoption on September 24, 2002. He stated that there are few changes to the prior code adoption, since the 1997 Building Code was basically being readopted with an update to the structural provisions. Building Director Elbettar stated that the code adoptions will require changes to grading and excavation, residential building report, flood damage prevention and construction site cleanup in the Newport Beach Municipal Code. Building Director Elbettar stated that the City participated in the Orange County Uniform Code Program, which included 18 proposed amendments. The City added one additional amendment for sprinkler system requirements. He proceeded to summarize some of the highlights of the major code changes. He stated that the fire sprinkler system requirement was amended to clarify the definition of "floor area" and its applicability to residential applications. Per Mayor Ridgeway's question, Building Director Elbettar stated that an exception to the floor area of residential occupancies was added to state that it would only include the area within the exterior walls, and not any patio covers or overhangs. Council Member Heffernan asked if the reference to floor area dovetails into the Uniform Building Code and affects the Greenlight ordinance. Building Director Elbettar stated that it has no affect on the Greenlight ordinance, which pertains to planning standards. Building Director Elbettar noted the change that amends the seismic provisions for structural steel buildings, which would only affect high rise buildings. He also noted the change to the pool fencing definition. Mayor Ridgeway asked for a clarification on how the pool fencing change affects waterfront homes. Building Director Elbettar stated that safety concerns override any provisions in the planning code. Planning Director Temple stated that such situations are usually handled through the modification permit process. Mayor Ridgeway confirmed that the height of the fence is not reduced, although a particular material for that part of the fence above three feet might be required. Additionally, Mayor Ridgeway confirmed that the fencing requirements would also apply to fountains and waterfalls. Building Director Elbettar continued with a summary of the highlights by stating that the excavation and grading code is being amended to be Volume 55 - Page 360 City of Newport Beach Study Session Minutes September 10, 2002 110113 �►:1 consistent with Council Policy L -22, Protection of Water Quality: Water Quality Management Plans for New Development and Redevelopment. Changes to the Report of Residential Building Records (RBR's) Chapter of the Newport Beach Municipal Code relate to refunds, expirations, cancellations and reinspections. Changes to flood damage prevention include the addition of new definitions. Building Director Elbettar stated that the proposed changes to construction site cleanup include the elimination of the deposit requirement. Per Mayor Ridgeway's question, Building Director Elbettar stated that the amount of the site cleanup deposit depends on the value of the construction, and can range between $100 and $5,000. Additionally, he stated that post construction problems are enforced by administrative citations and stop work orders. City Manager Bludau added that a citation can be issued for each day that the violation occurs. Fire Chief Riley stated that the Newport Beach Edition of the California State Fire Code meets the needs of the community, is consistent with current reference standards and correlates to other adopted codes. He additionally noted that there is consistency throughout Orange County. Fire Chief Riley stated that of the 45 amendments, only eight are new and the majority are editorial. Per Council Member Heffernan's question regarding the Newport Coast slopes, Fire Chief Riley stated that the City has always been consistent with the Orange County Fire Authority's standards for fuel modification. Using a PowerPoint presentation, Fire Marshal Lockard stated that he would be covering some of the new changes to the code. He stated that the first change involves smoke detection systems and a clarification that the maintenance of the systems is the responsibility of the building owner. It also included a clarification on the monitoring of sprinkler systems. These changes are covered in Sections 9.04.080 and 9.04.100 of the Newport Beach Municipal Code, respectively. Fire Marshal Lockard stated that Section 9.04.170 requires that a report be done, prior to development on or near lands that may emit combustible soil gases, on how gas mitigation will be handled. Section 9.04.200 was changed to properly define the lead -acid batteries that are regulated. Fire Marshal Lockard reported that Section 9.04.240 was modified to be consistent with the other fire agencies in Orange County in regard to the requirements for the protection of aboveground tanks. Additionally, Section 9.04.290 determines the exempt amounts of hazardous materials for occupancy storage. The change to Section 9.04.340 deletes the exceptions to automatic controls for treatment systems. Fire Marshal Lockard reported that Section 9.04.360 adopts the appropriate standards for the City from the National Fire Protection Assciation (NFPA). Council Member Heffernan asked if the new requirements for hazardous waste were in place for the chlorination system at the Big Canyon Reservoir. Fire Marshal Lockard stated that they were not, but that the covering of the reservoir would make it compatible with the City's newer treatment facility and pumping station, which are safer. Volume 55 - Page 361 City of Newport Beach Study Session Minutes September 10, 2002 Brion Jeannette, Building Code Board of Appeals board member, stated that the Board reviewed the code changes at their meeting of August 29, 2002, and approved the recommended changes. He added that he is also representing the Orange County Chapter of the American Institute of Architecture (AIA) Codes Committee, and that they endorse the changes as well. Mayor Ridgeway asked Mr. Jeannette if there were any additional changes that he would recommend. Mr. Jeannette responded by stating that one remaining issue involves the structural aspects regarding seismic activity and that there will be additional requirements that haven't been adopted yet, but are being looked at. Mayor Ridgeway asked if anyone would be required to retrofit their structures based on the new codes. Building Director Elbettar stated that the codes take effect on the date of adoption for any new construction or substantial structural changes and there is no retroactivity, although voluntary upgrades are encouraged. 3. CITY PARTICIPATION IN A LEASE -TO- PURCHASE PROGRAM AS A MEMBER IN THE ORANGE COUNTY AREA HOUSING AND FINANCE AGENCY. Assistant City Manager Wood stated that housing prices in the City are strong, which makes it difficult for many people to afford a home. She stated that staff has been working with Chilton & Associates, other cities in Orange County and the County to establish a new Joint Powers Authority (JPA) that would implement a lease purchase program to help people with home purchase. She stated that the program is targeted for moderate and above - moderate income families. Mayor Ridgeway asked if the maximum loan amount of $309,750 could be increased. Assistant City Manager Wood stated that a higher loan amount is being looked at, but hasn't been approved. She explained that the limit is set through regulations dealing with the tax - exempt status of the bonds that fund the program. Mayor Ridgeway additionally asked if the program would help the City meets its affordable housing requirements. Assistant City Manager Wood stated that it wouldn't produce new units, which is the primary focus of the housing element, but that it would be a beneficial program to implement since it applies to one of the targeted income groups. Mayor Ridgeway stated that a family of four would qualify as a moderate - income household with an income as high as $105,860. Per Mayor Pro Tom Bromberg's question, Assistant City Manager Wood stated that the program would help to make existing units more affordable to people in the target income categories, which would be beneficial in meeting the State's housing element requirements. Mayor Ridgeway stated that the Regional Housing Needs Assessment, adopted in 2001, accommodates new growth and requires all cities to increase their number of units. Volume 55 - Page 362 INDEX Lease -To- Purchase Program /Orange County Area Housing and Financf Agency (54) City of Newport Beach Study Session Minutes September 10, 2002 INDEX Jim Chilton, President & CEO of Chilton & Associates, stated that his company has been retained by Bay Area Housing to develop a lease -to- purchase concept for houses of a higher price than $309,750. He stated that they think they've solved the problem, and might be able to increase the mortgage to $400,000 or $500,000. Per Mayor Ridgeway's inquiry, Karl Higgins, Chilton & Associates, stated that the loan is a 97% first, a 3% silent second and a gift at the close of the lease option period of up to 4.5% of the purchase price of the home. Mr. Higgins stated that the Orange County program is the seventh JPA lease -to- purchase program that Chilton & Associates has developed. He stated that they're encouraged by the fact that they've found 42 properties in the City that would qualify at $309,750 or below. Mr. Higgins stated that the current effort by the cities in Orange County is a private - sector response to the lack of a down payment for a traditional mortgage, which is the primary barrier to purchasing a home for many people in high cost housing areas. He stated that there are benefits to the public sector and that it would not require allocations from the general fund, is not an obligation of the City and staff time is not required to manage the program. Mr. Higgins stated that three cities in Orange County have already approved the program, and that six others and the County are also expected to participate. He stated that the JPA could be running sixty days after the final approvals are made. Mayor Ridgeway asked if the City would have any liability risk if no one in the City participated in the program. Mr. Higgins stated that the bonds are lease revenue mortgage bonds that are an obligation of the JPA and the City would be at no risk. He further explained that although the City would belong to the JPA, the JPA is a separate legal entity. Per Mayor Pro Tern Bromberg's question on how long Chilton & Associates has been developing such programs, Mr. Higgins stated that Jim Chilton did the first single - family mortgage revenue bond in California in the late 1970's and the type of program being presented at the current meeting has been administered for three years. Mayor Pro Tern Bromberg asked if there had been any problems with previous programs. Mr. Higgins stated that the downside is that it doesn't provide for immediate home ownership. The participant must go through a three -year lease option period. Mr. Higgins stated that Chilton & Associates is working with 131 cities and none of them have regretted entering the program. Mayor Ridgeway asked if residents complain that the wealthy are being assisted. Mr. Higgins stated that this is not a problem because each city is allowed to set individual policies relative to how that city wants the program to be run and who can participant. Mayor Ridgeway confirmed with Mr. Higgins that the lease payments paid during the three -year period by the participant are being applied to the purchase of the property. Mr. Higgins noted that the participant is technically paying rent to the JPA. Additionally, the participant can convert earlier but to do so, must pay the JPA back the portion of the unearned interest for the unexpired portion of Volume 55 - Page 363 City of Newport Beach Study Session Minutes September 10, 2002 thelease. INDEX IN Planning Director Temple stated that the Planning Department provides information on low- income opportunities and rental assistance to the public. She reported that during the last few years, calls have been regularly received asking if the City has a first time buyer program. Mayor Ridgeway suggested that the item be brought back to the City Council for action and that he could support the program. Mayor Pro Tern Bromberg stated that it could provide an opportunity for people who work in the City to live in the City. 4. BEACH RESTROOM CLEANING. Beach Restroom Cleaning (44) General Service Director Niederhaus stated that there are 14 beach restrooms and 130 comfort stations, 62 male and 68 female. He displayed a map showing the location of the restrooms and noted that most of the restrooms are on the peninsula. General Services Director Niederhaus stated that the evening agenda includes an item recommending approval for an architect to begin designing improvements at Corona del Mar, which would include the restrooms. Referring to the map, he noted that the only area that has a void is the Wedge area. He stated that the recommendation to add a restroom to that location was discouraged by the Parks, Beaches & Recreation Commission. He stated that 130 comfort stations are often not sufficient to service the crowds that visit the beaches. Using a PowerPoint presentation, General Services Director Niederhaus displayed a slide showing the history of the beach restroom cleaning. He pointed out that the restrooms were cleaned completely by City staff in the early 1980's. Four temporary restrooms were also in place during that time. He stated that in 1992, budget reductions caused a reduction in staff. He noted that public complaints increased at that time. In 1997, $20,000 was approved to fund a contractor to supplement City maintenance efforts. In July 2000, another contractor was hired to perform weekend restroom maintenance, but refused to do the work due to the poor conditions. General Services Director Niederhaus stated that the City sought qualified bidders who could do the work and hired a contractor in March 2001 to do the weekend cleaning. City employees continued to do the cleaning during midweek. In December 2001, a status report was presented to the City Council regarding increasing the maintenance efforts, but no action was taken, and $20,000 was requested in the 2002 -2003 budget to increase beach restroom cleaning, but it was not approved. General Services Director Niederhaus presented the summer restroom cleaning schedule. It indicated that City employees begin cleaning the restrooms at 5:00 a.m. midweek, and the contractor begins at noon with continuous cleaning until 8:00 p.m. On the weekends, another contractor works from 3:00 a.m. to 11:00 a.m., and the same contractor that performs the midweek work cleans the restrooms continuously from noon to 8:00 p.m. The winter restroom cleaning schedule has City staff performing the work during the midweek and a contractor doing a single cleaning per day on the weekends. General Services Director Niederhaus stated that the restrooms Volume 55 - Page 364 City of Newport Beach Study Session Minutes September 10, 2002 INDEX are only graded as being satisfactory during the winter. He further explained that the winter period is considered to be from the end of September to the middle of April. General Services Director Niederhaus displayed the annual City restroom maintenance costs, which showed that 77% is used for the cleaning done by City staff and 23% is for the two contractors. The total is approximately $250,000. General Services Director Niederhaus stated that staff is proposing that the summer restroom cleaning be increased by adding a two - person contract crew to the Balboa Pier/Washington Street area, adding a single contract person to the Balboa Island area, commencing afternoon and evening contract cleaning earlier in the year, and continuing contract cleaning until mid - September. He stated that these increases would cost between $25,000 and $35,000. Council Member Adams stated that the City is the steward of the beach to a vast number of visitors and that Newport Beach should do it as well, if not better, than any other city. He stated that decent restroom facilities should be provided and considered a basic function of the City. Council Member Adams stated that he would support staffs proposal for increasing the cleaning, and asked if the conditions of the restrooms was any better with the increased cleaning schedule that had already been done. General Services Director Niederhaus stated that Monday mornings are the worst, followed by Sundays and then Saturdays. He explained that the restrooms are open 24 hours a day. Council Member Adams suggested that possibly the restrooms should be cleaned later into the evenings. He additionally noted the statement in the staff report about the restroom facilities at the Balboa Pier and Washington Street as being inadequate in size. General Services Director Niederhaus explained that due to renovations made to comply with the Americans with Disabilities Act (ADA), the number of stations was decreased. Council Member Adams asked how the parking revenue at the beaches was spent. City Manager Bludau stated that money currently spent for services and tidelands is in excess of the revenue received, which includes the parking meter revenue. Council Member Adams stated that the people that pay for the parking are the users of the restrooms, and it should be a priority for how that money is spent. He stated that more money needs to be spent. City Manager Bludau suggested that if it is a priority of the City Council, a budget amendment could be submitted to the City Council for approval at the next regular meeting. Council Member Adams asked if a different contractor might do a better job. General Services Director Niederhaus stated that a survey done in 2001 and 2002 indicated that City staff can perform the function best. Council Member Adams stated that there is pressure to contract services, but it shouldn't be done when the level of service is reduced. City Manager Bludau stated that it is a problem of accepting the low bid and not being able to adequately write specifications for levels of cleanliness. Mayor Pro Tear Bromberg asked why the restrooms at the Beek Community Center were closed. General Services Director Niederhaus explained that they are on an alley and attract the homeless. He stated that locking them at night would negate the problem. Volume 55 - Page 365 City of Newport Beach Study Session Minutes September 10, 2002 INDEX Council Member Heffernan stated that the City should be comparing itself to the surrounding beachfront communities, look at what they're doing, how much they're spending and when they conduct their maintenance, and how many facilities they provide. General Services Director Niederhaus stated that a survey was done and the restrooms in the surrounding cities were found to be in better condition in regard to cleanliness. He added, however, that due to recent improvements, the City's facilities themselves are as good as, or superior, to the surrounding communities. Council Member Adams stated that staff is doing a good job given the budget and direction provided. He stated that few complaints are probably received because the public has a relatively low expectation of the condition of public restrooms, but he'd rather do a better job. City Manager Bludau stated that staff will conduct additional surveys and return to the City Council with a report and a recommendation. Per Council Member Heffernan's question, City Attorney Burnham confirmed that tidelands money can be used for providing beach restroom facilities, cleaning of the restrooms and maintenance of the beach. Mayor Ridgeway noted that $6 million is currently received from tidelands, and approximately $12 million is spent on tidelands issues. PUBLIC COMMENTS — None. ADJOURNMENT — 5:35 p.m. The agenda for the Study Session was posted on September 4, 2002, at 3:10 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. .a --�A: S Recording Secretary Mayor Volume 55 - Page 366 ti