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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 Volume 58 - Page 577 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. Volume 58 - Page 578 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. Volume 58 - Page 579 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. Volume 58 - Page 581 City of Newport Beach 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 Volume 58 - Page 582 City of Newport Beach 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. Volume 58 - Page 583 City of Newport Beach 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 Volume 58 - Page 584 City of Newport Beach 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 Volume 58 - Page 585 City of Newport Beach 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. Volume 58 - Page 586 City of Newport Beach City Council Minutes 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 Volume 58 - Page 587 City of Newport Beach City Council Minutes 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 Volume 58 - Page 588 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 Volume 58 - Page 589 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 Volume 58 - Page 591 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. Volume 58 - Page 592 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. Volume 58 - Page 593 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