Loading...
HomeMy WebLinkAbout08/28/2001 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session August 28, 2001- 4:00 p.m. Present: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor (arrived at 4:35 p.m.), Mayor Adams Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Mayor Adams' question regarding Item 5 (Clear Channel Outdoor Agreement for Bus Shelters), City Manager Bludau indicated that staff is satisfied with how the bus shelters are being maintained. City Manager Bludau confirmed for Mayor Adams that the $107,000 for the Federal Beach Erosion Control Project (Item 6) was budgeted, adding that a supplemental amount was also included to ensure that the City can cover the cost. Regarding Item 7 (Pre - Annexation Agreement and Cooperative Agreement), Mayor Adams noted that the recommendation is to execute an agreement between the City and the representatives of Newport Coast; however, the staff report is not clear if the agreement is with the Newport Coast Committee of 2000 or the two master homeowner associations. City Manager Bludau indicated that the City Attorney has not decided who the agreement is going to be with and that this will be left to the City Attorney's discretion. He emphasized that staff is not going to change any of the agreements the City has made with Newport Coast. He clarified that they initially thought this could be done through the Local Agency Formation Commission (IAFCO), but they indicated that they were not the appropriate agency. Mayor Adams believed it would be more formal if the agreement was with the homeowner associations. 2. BANNER - TOWING AIRCRAFT. City Manager Bludau stated that Council Member O'Neil requested that this issue be discussed during a study session. Assistant City Attorney Clausen noted that the invited representatives have not arrived yet. Mayor Adams suggested that Council discuss another item out of order until they arrive. 4. COUNCIL REVIEW OF STAFF PRIORITIES & TIME FRAME FOR FY 2001 -02 PROJECTS. City Manager Bludau reported that he, along with the management team which is composed of all of the department heads and individuals who Volume 54 - Page 429 INDEX Banner - Towing Aircraft (70) Staff Priorities & Projects (35) City of Newport Beach Study Session Minutes August 28, 2001 INDEX directly report to the City Manager, ranked the issues that were most important for staff to deal with during this budget year. He stated that they met with a consultant for a day and came up with mechanisms that he feels will be useful for the staff member in charge of the item to make monthly reports. He added that the staff member is also responsible for creating action steps that need to be accomplished by a specific time within the budget year. Mr. Bludau reviewed the ten projectslissues outlined in the staff report and noted that this is not Council's ranking. He stated that five of the issues will be reviewed during the first meeting of the month, starting next month, and the remaining five issues will be reviewed at the following meeting. He indicated that this will continue the entire fiscal year in order to make sure that the appropriate steps are being met and so the management team can receive input to help the project move along. Council Member Glover stated that she is pleased to see the priorities and that this will help Council focus on the issues. Regarding the public outreach for the General Plan Update process, she expressed concern that this is getting very procedural when the goal is to open up the issue to receive community input. Regarding having Council adopt new personnel policies /rules by December 11, 2001, she noted that nothing has been written since she got on Council. She stated that she hopes the City ends up with a professional document that is reflective of an organization that employs about 700 people. Mr. Bludau stated that this is their intention and that several legal firms have looked at this in order to make sure that the City is legal. He indicated that this has been a massive undertaking and has been worked on for over two years. He added that this is also being reviewed by the bargaining units and that they are about 90% through the process. Regarding obtaining full compliance with the new NPDES permit requirements and completing the three water quality tests, Council Member Glover stated that the City seems to be taking several hits on water quality and indicated that she will be making comments about this during tonight's meeting. Regarding developing a training program for first -time and mid- level managers by June 30, 2002, she emphasized that one of the main things the City needs to have is a professional staff with good tone to ensure that anyone who comes into City Hall is always treated properly. Mr. Bludau stated that this and policy /rule development go hand -in -hand and should strengthen the organization. Council Member O'Neil announced that Marilee Jackson has been retained as the Public Information Officer (PIO). He stated that he is pleased that she is part of the team and believed that she will be valuable to the City's effort in getting information out to the community. He indicated that he would like to see a public information program added to the list. Regarding the personnel policy /rules, Council Member Bromberg stated that there are personnel policies but they are hardly used. He indicated that the Civil Service Board started to revise the policies when he was on the Board about four years ago, but noted that most of the laws concerning employees and labor issues have occurred within the last 18 to 24 months. Volume 54 - Page 430 City of Newport Beach Study Session Minutes August 28, 2001 INDEX Mayor Adams commended the City Manager for bringing this to Council. He believed this will help Council continue to understand what staff is doing and that providing reports on these issues will also be helpful to the City. Mr. Bludau stated that it is easy to get caught up in the day -to -day activities, but this will help keep the priorities in front of them. He added that he believes this will be a good mechanism to use each year in order to accomplish goals. 2. BANNER - TOWING AIRCRAFT. Regarding whether the City can adopt any regulations to deal with the airplanes that advertise banners, Assistant City Attorney Clauson reported that the government has exclusive rights over U.S. air space and, therefore, the Federal Government has preempted the City's ability to regulate airplanes that fly over the City or along the coastline. Noting that the Federal Aviation Administration (FAA) regulations are provided in the staff report, she concluded that the City can take some steps, if Council wishes, to educate the public on the regulations and try to recognize /explain when a plane might be flying in violation of the regulations. Ms. Clauson indicated that she also has a topography map to help in visualizing the height limitations. She added that she has provided about 25 copies of the FAA's website information on the lobby table and that this information is also in the staff report. Ms. Clauson reported that another option is to work with the companies to see if a voluntary agreement, with the cooperation of the FAA, can be reached that changes their procedures so that some of the concerns that residents have about noise and safety are alleviated. She indicated that General Services Director Niederhaus has met with a couple of the operators and noted that they are present tonight to answer questions. Ms. Clauson added that they also invited other cities to tonight's meeting and announced that Laguna Beach Council Member Toni Iseman, Newport Beach Police Lieutenant Bob Oakley (ABLE Task Force), and two Huntington Beach Police Officers who are also on the ABLE Task Force are in attendance. Ms. Clauson reported that the FAA rule generally states that planes flying along the coastline cannot go below 1,000 feet above sea level in altitude from the closest obstacle that is within 2,000 feet horizontally from the plane. She clarified that there is no altitude restriction outside the 2,000 foot radius except that the plane has to be 500 feet over any vessel. She noted that Signal Peak is about 1,050 feet above sea level and pointed out that a plane should be flying at least that high if it is flying along the bluffs. Council Member Proctor asked if anyone has gotten radar data from the Southern California Terminal Radar Control (TRACON), to find out the altitudes the planes are actually flying. He noted that every plane flying in this area is required to have a transponder that records altitudes. He stated that the City can get access to altitude information; however, the specific aircraft cannot be identified. He clarified that this information can be obtained if there is a problem. Assistant City Manager Kiff stated that there was a sense among the work group that the data would be difficult to get or Volume 54 - Page 431 City of Newport Beach Study Session Minutes August 28, 2001 INDEX may be recorded over after two weeks, but believed that it would be worth getting if the data is kept for an extended period of time. Mayor Adams stated that he was looking at the planes over the weekend and indicated that they did seem lower than 1,000 feet. Ms. Clauson believed that, if the public can be educated and provide the FAA with information, they may see a problem with the violations. She reported that Lt. Oakley indicated that the Police Department has tried to make complaints to the FAA, but does not always get a response. She believed that it may take multiple complaints from along the coast, including other cities, to get the FAA's attention. Mayor Adams asked if the Police helicopters are in the air during the weekend, noting that a helicopter with a Mountain Dew logo was flying exceptionally low over the beach. Council Member Bromberg suggested that the lifeguards take down the aircraft's information. Ms. Clauson stated that it may be difficult from sea level to determine how high the planes are flying. Council Member Proctor reported that it is difficult to determine who the pilot in command is and added that confirming the altitude from the ground is also difficult. In response to Council Member Glover's questions, Ms. Clauson reported that the City has authority up to three miles out from the shoreline; however, she noted that there is conflicting authority after this point with the State and Federal Government. She stated that the planes that tow banners can only do so with a certificate of waiver from the FAA which attaches specific conditions. Further, the planes have to be inspected and identified. Mayor Pro Tern Ridgeway stated that the planes fly over his community and that his neighbors do complain. He noted that the planes may actually be in compliance, but believed that complaints should go to the Police Department and that the lifeguards should be trained. He reported that yesterday at 4:30 p.m., one of the planes was flying over the middle of the Bay to fly back to Long Beach. He stated that he may be within the pilot's right to fly this route if he complies with the regulations, although there is no reason for him to do that. Mayor Pro Tem Ridgeway indicated that the City will probably have to try to get cooperation from the operators, as well as from other cities. He added that the City already has experience with the FAA on El Toro and John Wayne Airport issues and knows what level of cooperation they provide. Ms. Clauson reported that the City received a copy of a letter that was sent by the FAA to Congressman Cox indicating that the FAA had entered into voluntary agreements with the operators in the past. Mayor Pro Tern Ridgeway stated that the City can try to seek the operators' cooperation but noted that they probably fly all over both coasts and are regulated by the FAA. He indicated that the cities will need to move collectively to try to change the law to 2,000 feet above sea level. He pointed out that this issue probably also exists in other coastal areas. Mayor Adams suggested joining forces with the coastal cities from the east and west coasts to influence the FAA. He stated that people can also write to the advertisers, explaining that this form of advertising is annoying, Volume 54 - Page 432 City of Newport Beach Study Session Minutes August 28, 2001 INDEX disturbs the beach experience, disturbs neighbors, and is unappreciated. Toni Iseman, Laguna Beach Council Member, stated that she is offended by all of the noise, including motorcycle and speed boat noise, and stated that she has termed it "secondhand noise ". She suggested that, since cities have jurisdiction until three miles out, the cities should require that anyone launching a boat from any harbor must go outside the three mile limit to race. She thanked Council for tonight's meeting and indicated that she learned a lot from the staff report. She reported that the Los Angeles Times covered this issue about six weeks ago and that, by 9:30 a.m. that day, she received a call from The Peace and Quiet Coalition (peaceandquiet.org), an Alaska -based organization, regarding a lawsuit in the City of New York in which the FAA lost the case because a sightseeing plane left and returned to the same airport, which does not constitute interstate commerce. She noted that the reason no one has been able to change the regulations is because these flights have been classified as interstate commerce. Council Member Iseman stated that appealing to the councils of Long Beach and Fullerton has been discussed so they can make rules about the flights that are not interstate. She reported that people living near Disneyland and Anaheim Stadium are also aware of the problem. She added that she believes planes cannot advertise alcohol due to the average age of the people at the beach. She stated that, because of this, cities should ask the Federal Government to limit advertising, believing that this would take care of 40% to 50% of the banners. Council Member Iseman reported that, about two weeks ago, Congressman Sherman indicated that he wanted to do something about the noise from the planes. She agreed that it would be helpful if there was a united front with all the coastal cities, including the east coast. She stated that she has a copy of the New York ruling and thanked the City for what it is doing. She requested that she be updated on this issue. Council Member Proctor reiterated that TRACON, located in San Diego, can track aircrafts if they are below altitude and can also determine where they land. He noted that enforcement can be handled by either having someone at the Long Beach Airport assist with the situation or having the helicopters from Huntington Beach land where the plane is and cite the pilot. He reminded everyone that the helicopter can help determine the altitude, the plane is on TRACON's radar, and the pilot in command can also be determined. He reported that the FAA will then be notified and can issue pilot license suspensions. He pointed out that this is an effective tool since this affects the pilot's insurance. Council Member Proctor believed that the City will need to check with TRACON to see if the planes are really flying below 1,000 feet. Wayne Mansfield, AVL4,D Corporation, 250 Clark Street, North Andover, Massachusetts, stated that he was not aware of the feelings about this issue until this afternoon. He indicated that he does not live in the community but does contribute to the Southern California economy. He reported that his company has been in business since 1953; he has been a commercial pilot since 1965; and operates his business in the United States, Canada, Mexico, and parts of Europe. He pointed out that this is the first time in 30 years that he has seen this level of concern. He reported that he is one of the pilots who flies during the weekend and believed that pilots comply with FAA's Volume 54 - Page 433 City of Newport Beach Study Session Minutes August 28, 2001 INDEX regulations 99.9% of the time. He stated that the City does not need to send helicopters, the police, or people out on the hillside. Mr. Mansfield indicated that, if the City is not happy with the medium, it would be helpful for the operators to know this and noted that no one has contacted him about this. He stated that the City needs to know that his company complies with the rule which states that the minimum altitude is 500 feet if flying over noncongested areas, and 1,000 feet if flying over congested areas. He reported that he is an FAA aviation safety /accident prevention counselor and has received the FAA Good Friend of the Year Award. He stated that, on behalf of Bob Dobry of Aerial Promotions, they would be very happy to work with the City to try to do what is appropriate. He stated that he told his competitors about the concerns in Southern California and told them to take steps to mitigate them. He reported that his company has spent $15,000 per airplane to install special propellers to make the planes quieter, but pointed out that some of his competitors have not done this. Mr. Mansfield believed that the City would be wasting a great deal of time and effort in policing this since it is not in the purview of the police. He asked how he can help and stated that his telephone number is (310) 493 -4550. Mayor Adams thanked Mr. Mansfield for his willingness to cooperate. He reported that, since he has been on Council, he has received a lot of calls during the summer months about this and noted that his district is inland. He emphasized that one of the larger issues is that the planes fly over homes. Regarding the medium, he expressed the opinion that it is an intrusion of the beach experience. He stated that a compromise in which the planes fly a little higher and further out may be a positive step because the noise will not be as offensive. He pointed out that Mr. Mansfield said that the planes are flying 500 feet above the water and believed that, of what he has seen, this is a more realistic altitude. He stated that it would be good if the industry is willing to cooperate and expressed hope that Mr. Mansfield could work with staff, particularly on the routes the planes take returning to the airport. Council Member O'Neil stated that he lives in Corona del Mar and that the noise problem comes from the planes that make a couple of passes by the beach. In response to Council Member O'Neil's questions, Mr. Mansfield stated that there is no regulation prohibiting them from flying out to sea to make their turn around, but there are standard routes that pilots follow for safety reasons so they do not go against one another. He reiterated that he is trying to work with his competitors, who are Florida- based, to try to make them aware of this. He indicated that his company has subsequently tried to fly a little higher and further out since he was made aware of the problem and that this has initially been favorably received. He reiterated that he is voluntarily taking steps to make the planes quieter and is talking with competitors. He expressed his hope that this will not be blown out of proportion if everyone works together. Mr. Mansfield reported that, of the 600 licenses in the United States that do this, about eight companies operate along this coast. Additionally, they belong to an association and that the City can also deal with this through the association. He pointed out that there are fewer flights today than there were 10 or 15 years ago. Volume 54 - Page 434 City of Newport Beach Study Session Minutes August 28, 2001 Council Member O'Neil believed that the routes need to be modified and that doing this would help a great deal. He stated that an effort has been made now that the problem has been identified and the business operators have been contacted. He believed that no one wants to get involved in major enforcement but rather in cooperation and working out a plan so that the businesses can operate without adversely impacting the privacy and peace /enjoyment of the residents. However, after hearing from other cities, he pointed out that this may take on a life of its own and that it may be in the operators' best interest to try to mitigate this before Congress and the East Coast get involved. He also expressed his appreciation for Mr. Mansfield's cooperation. Council Member Proctor stated that this issue previously arose over the Grand Canyon and was solved because of political pressures. He reported that the FAA created an area for special flights which substantially limited the ability for aircrafts to fly in and around the Grand Canyon area because of the noise constraints. He believed that, if all the communities along the coast insist on this type of regulation, it could become the vehicle that changes the flight rule. Mayor Pro Tern Ridgeway agreed that the issue is not enforcement and that there are tools available for that. He emphasized that the issues are noise first and safety second. Regarding safety, he pointed out that some of the operators probably have old equipment without the new propellers and that those are the pilots who need to upgrade their planes. He stated that the companies, collectively, are only as good as the worst pilot flying. He expressed the opinion that, once the noise issue is taken care of, the whole issue might go away. He pointed out that, if the cities do not get cooperation, they will take the next step which is to try to regulate. He stated that he is satisfied that there is a resolve. Regarding the cigarette boats, he stated that he lives on the water and that they are a nightmare when they ride past his house at 6:30 a.m. Mayor Pro Tem Ridgeway reported that the City has noise regulations, but no adequate enforcement in the harbor. He stated that the cigarette boats seem to be at 70 dB and that the planes are only that loud near the beach. Regarding Council Member O'Neil's district, he stated that it is a lot noisier when the planes fly near the hillside and echo off the hills. He stated that Laguna Beach has the same problem due to its topography. Council Member O'Neil directed staff to bring this back in 30 to 60 days with an update on the progress that is being made. 3. VECTOR CONTROL PRESENTATION BY DR. VIRGINIA BARRETT Mayor Adams thanked Dr. Barrett for volunteering to serve on the Orange County Vector Control District and expressed hope that this proved to be as interesting as she initially thought it would be when she first volunteered. Dr. Virginia Barrett, City Representative on the Vector Control Special District Board, provided Council with handouts that explain what the Orange County Vector Control District is, shows the areas of the City in which water is treated, and shows where fire ants are located within the Volume 54 - Page 435 1 DK Vector Control (54) City of Newport Beach Study Session Minutes August 28, 2001 plot) ►� City. She reported that a vector is an animal or insect that can transmit disease or discomfort to human beings and, in Orange County, vectors include mice, rats, mosquitoes, and ticks. She added that the diseases they could transmit are Encephalitis, Lyme Disease, and Hantavirus. She also explained that a sting from a fire ant is similar to a sting from a bee because all ants are related to bees. Dr. Barrett reported that the District conducts year -round mosquito control operations in the flood channels, catch basins, drains, and the Bay. Further, the technical staff, located in Garden Grove, tests mosquitoes, rodents, and wild birds for Encephalitis, Plague, and Hantavirus. She stated that the District is overseen by 32 Board Members who meet monthly and preside over policy and budget matters. She pointed out that the District is supported by a small per parcel fee and property tax that is equivalent to one can of bug spray per household. Dr. Barrett reported that, in 2000, Newport Beach residents made 356 complaints. She explained that of the 356 complaints, 307 concerned rats, 26 were mosquito related, 5 were about flies, and 14 were requests for mosquito fish deliveries. She stated that most of the rat problems had to do with educating homeowners on how to reduce the risk of getting an infestation on the property. She indicated that the District also offered safe ways to rat -bait the outside of homes since things that happen inside the home are not in their purview. Dr. Barrett stated that fire ants are only a small problem in the City but have been found and controlled in Newport Coast. She reported that the ants are a larger problem in South County and a moderate problem in Buena Park and Cypress. She noted that the fire ants came from Texas and that, when the earth shifts, the soil is supposed to be inspected so fire ants are not transported from one infected area to another. Dr. Barrett indicated that the bees in Orange County can be considered Africanized. She emphasized that no one should get near a beehive because they swarm and that people should notify the District if they see bees in a beeline because they are probably headed towards their nest. Assistant City Manager Mff stated that the City received two calls over the past couple of weeks after the District sprayed something in a waterway to kill mosquitoes. He expressed concern about using pesticides since there is a toxicity water quality problem and the water goes into the Bay. Dr. Barrett reported that many of the things the District uses are larvae - sized bullets designed to only get the mosquito species and that there has been some litigation to have them regulate water safety more. She indicated that the cost of providing mosquito abatement will increase if they are required to do this. She suggested that people call the District to find out what exactly is being applied to the water. In response to Council Member Proctor's question regarding the the Africanized bee problem, Dr. Barrett indicated that it is her understanding that the City should anticipate the same types of problems that Texas and other places are facing since the local bees have exchanged genes. She Volume 54 - Page 436 City of Newport Beach Study Session Minutes August 28, 2001 INDEX stated that Africanized bees are similar to normal bees but are more aggressive, attack in swarms, and give multiple stings. She explained that, even if someone is not allergic to bees, people are harmed because of the toxic load of the poison. PUBLIC COMMENTS — None. ADJOURNMENT — 5:30 p.m. The agenda for the Study Session was posted on August 22, 2001, at 2:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary Mayor Volume 54 - Page 437