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HomeMy WebLinkAbout11/12/2002 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session November 12, 2002 - 4:00 p.m. ROLL CALL Present: Heffernan, Bromberg, Glover, Proctor, Mayor Ridgeway Absent: Adams, O'Neil CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In regard to Item No. 6, Master Lease /Purchase Refinancing Consolidation, Council Member Heffernan requested that the estimated five -year savings of the recommended refinancing be provided. In regard to Item No. 14, Adding a Fifth Investment Adviser, Council Member Heffernan requested that the investment criteria of the surrounding cities be studied. Mayor Ridgeway made a clarification to Item No. 13, Newport Coast Community Center Professional Services Agreement for Geotechnical Services, by stating that there is an existing soils report on the parkland, but not on the dumpsite. 2. PROPOSED JOINT POWERS AUTHORITY — INTEGRATED LAW AND JUSTICE AGENCY. Using a PowerPoint presentation, Police Chief McDonell stated that the City of Newport Beach is the first city being asked to participate in the Joint Powers Authority (JPA), with the action being recommended in Item No. 11 of the regular meeting agenda. He stated that five other cities are a part of the steering committee and they are also in the process of considering participation. The City of Newport Beach has been a part of the steering committee since inception of the program. The Orange County Board of Supervisors will discuss the matter at their meeting of December 10, 2002. Police Chief McDonell stated that a total of 21 municipalities in the County will eventually be asked to participate in the program, as well as the appropriate County entities. He noted that confirmed participation by the steering committee cities is vital prior to the Board of Supervisors considering the matter. All cities with police services are being asked to participate. The twelve cities in the County that contract their police services will be governed under the Sheriffs Department. Police Chief McDonell stated that the purpose of the JPA is to facilitate the integration and sharing of criminal justice information data. He stated that the project was started by the Orange County Police Chiefs and Sheriffs Association approximately five years ago with the intent to improve Volume 55 - Page 465 INDEX C -3579 Res 2002 -77 Integrated Law & Justice Agency (38/70) City of Newport Beach Study Session Minutes November 12, 2002 INDEX efficiency of the Criminal Justice System in Orange County. He noted that a study revealed that approximately $5 million was being spent on court overtime. Due to this information, a comprehensive strategic planning effort was begun that involved the 21 police agencies in the County, County agencies and the courts. It was determined that a Memorandum of Agreement (MOA) was needed to outline the guiding principles for the project. He stated that the MOA was designed to promote a cooperative effort and was signed by police chiefs, County department heads, the courts and the City Manager's Association. Police Chief McDonell stated that a consultant was hired to assist with the effort, and a strategic plan was prepared. The report contained four sections, which included information on how the system currently operates, how the system should be operated in the future, an analysis of the gap between the two and recommendations for implementation. Once the strategic plan was adopted, the steering committee was asked to look at governance. Police Chief McDonell stated that the reasons for having an integration project are to improve public safety through increased access to better information on a more timely basis, to reduce redundant data entry processes, to reduce "reinvention of the wheel ", to gain efficiencies in use of resources and to take advantage of the national emphasis on information sharing. Police Chief McDonell stated that the strategic plan identified a number of initiatives that have been incorporated into the project. They include the governance of the project, the distribution and access of court disposition information, electronic access to conditions of probation, electronic subpoena processing and delivery, record sharing across jurisdictional lines, and automated case filing. Per Council Member Glover and Mayor Ridgeway's questions, Police Chief McDonell confirmed that the current sharing and availability of information is minimal. Police Chief McDonell stated that the other initiatives identified in the strategic plan include infrastructure design and security. He stated that efforts to obtain funding for the project through the State were unsuccessful, even though the program could be considered a model for other jurisdictions. Per Council Member Proctor's question, Police Chief McDonell confirmed that the level of the program being considered has not been done anywhere else. In regard to funding, he stated that through the assistance of Congressman Cox, $1 million was secured in October 2001. An additional $1.5 million was secured in 2002, and $4 million has been requested in the Federal fiscal year 2003 budget. Police Chief McDonell stated that three initiatives are currently under development. They include the terms and conditions of probation, the electronic subpoena process and the court dispositions. He displayed samples of the screens that would be provided through single -name inquiry checks. Per Mayor Ridgeway's question, Police Chief McDonell stated that the integrated system would eventually be available in the field. Volume 55 - Page 466 1 I City of Newport Beach Study Session Minutes November 12, 2002 Police Chief McDonell stated that the need for strong governance was identified early in the strategic planning process, both for the short term implementation of the project and for the long term maintenance of it. He stated that the stronger the governance, the more successful the project will be, and that the governance methods considered included a JPA and a Memorandum of Understanding (MOU). Police Chief McDonell stated that an MOU is an informal type of agreement and does not have the binding authority of a JPA. Per Council Member Glover's question, Police Chief McDonell confirmed that the cities unanimously supported the use of a JPA. He added that an MOU was the preferred method of the Sheriffs Department and the County Executive Office (CEO), although both have indicated that they would sign a JPA. Police Chief McDonell displayed a chart illustrating the proposed governing board for the Integrated Law and Justice Agency for Orange County (ILJAOC). The recommended board includes six municipal police chiefs elected by their peers, the County Sheriff, a CEO representative, Chief Probation Officer, Public Defender, Presiding Judge and Chief Executive Officer of the Superior Court, three city managers and the District Attorney. The recommended board is essentially the current steering committee that has governed the project since its inception five years ago. Police Chief McDonell noted that all of the members have been in support of the merits, goals and objectives of the project, although there has been a difference in opinion on how to govern the project. Council Member Proctor stated that he couldn't understand the reluctance of the probation and sheriff departments, given that they must fully understand the importance of the initiatives. Police Chief McDonell stated that there is no reluctance in their support of the project, but that they would prefer an informal structure that would be advisory only to the sheriff and the board of supervisors. He further explained that the project will operate over an existing County network, and that they would lose some control over it and would have to share in the decision making. Council Member Glover stated that she has seen problems with both MOU's and JPA's, and would favor an MOU since it could be terminated if necessary. Police Chief McDonell stated that the proposed JPA only provides for shared decision making and the governance of the project. In conclusion, Police Chief McDonell asked for the City Council's endorsement of the formation of the agency and the City's participation in the JPA. Council Member Glover asked what the cost of the project would be to the City. Police Chief McDonell stated that there will be no initial costs, but there would be associated costs in the future. Council Member Glover confirmed that the costs would be based on per capita and that the contract cities would have to pay their full share. She further confirmed that the City would not pay more due to the fact that it is taking the lead. Police Volume 55 - Page 467 INDEX City of Newport Beach Study Session Minutes November 12, 2002 Chief McDonell added that the agency wouldn't be formed until a sufficient number of cities have agreed to participate, and that federal grant funding would be used initially. Council Member Proctor stated that the project is admirable and will better serve the citizens. He acknowledged Police Chief McDonell for his efforts. He noted, however, that he still couldn't understand the reluctance of some to enter into a JPA. Council Member Heffernan stated that he supports the opinions of those who know law enforcement, such as Council Member Proctor. Mayor Ridgeway asked what would happen to the information after it had been accessed by law enforcement personnel, referring to the confidentiality rights of citizens. Police Chief McDonell stated that the project only provides for a more convenient and efficient way to access information that is currently available. Mayor Ridgeway stated that he supports the project due to the community safety and protection that it will provide. He added that he is also supportive of having the Public Defender and others involved, since they would understand the issues of protecting the rights of innocent citizens. He additionally noted that the losses in the system due to inefficiency are more than likely greater than the $5 million quoted earlier. In closing, Mayor Ridgeway acknowledged the efforts of Police Chief McDonell on the project over the past five years. Council Member Glover again stated her preference for an MOU, noting that JPA's have an inordinate amount of power. She stated that she will support the project since it's a great concept and all forces available should be utilized in maintaining public safety. Dolores Otting agreed with Council Member Glover that a JPA should not be used. Ms. Otting stated that she supports the goals of the project, but she was concerned about the possibility of taxes being raised in the future to fund it. Mayor Ridgeway stated that the project under consideration is revenue neutral and will not raise taxes. He additionally noted that the City is financed through the general fund and that any tax increases would have to be approved by two - thirds of the voters. 3. NEWPORT COAST FUEL MODIFICATION PROGRAM. Fire Chief Riley noted that he had already given the presentation he was about to give to the management officials of the property associations in Newport Coast. Utilizing PowerPoint, Fire Chief Riley stated that the fire department is concerned about the balancing of fire protection of structures along the interface of a wildland area with the preservation of the natural open space and environmental control. He displayed a list of the major fires that have occurred in Orange County, and specifically noted the Laguna fire in October 1993 and the Antonio fire in May 2002. The Laguna fire burned a total of 14,000 acres and 347 structures, while the Antonio fire burned 1400 acres and 1 gazebo and was the first fire in the history of Orange Volume 55 - Page 468 INDEX Fuel Modification (41) City of Newport Beach Study Session Minutes November 12, 2002 INDEX County that challenged an area that was designed around fuel modification guidelines. He noted that fuel modification efforts work, since they reduce fuel or one of the three elements required for a fire to burn, with the other two being oxygen and heat. He additionally noted that fuel, topography and weather influence the behavior of wildland fires. Fire Chief Riley displayed an aerial photo showing an example of the defensible space that had been created around a structure. He stated that the most important benefit of creating defensible space is that it interrupts the chain of fuel and provides space for firefighting operations. Fuel modification and hazard reduction are both used to create defensible spaces. Fire Chief Riley explained that a fuel modification zone is a wide strip of land where combustible vegetation has been removed and /or modified, and partially or totally replaced with drought and fire resistant plants. Fire Chief Riley stated that Newport Coast is considered a special fire protection area, which is defined as any geographic area where structures and other human development meet or intermingle with wildland or vegetative fuels and /or which contains the type of condition of vegetation which potentially increases the possibility of wildland conflagration fires. He stated that fuel modification zones are authorized by the California Fire Code and require that all elements of a fuel modification plan be maintained in accordance with the approved plan. He stated that a minimum of two growth reduction maintenance activities are required each year. He stated that a fuel modification plan generally uses two main guidelines, the combustible plant species list and the fire resistive plant list. The combustible plant list includes 26 species that must be removed from a fuel modification zone and the fire resistive list includes 286 species that can be planted. Fire Chief Riley stated that a fuel modification zone in the City is subject to a periodic inspection. He noted that this is done annually for all fuel modification and hazard reduction areas. He stated that the City notified all homeowner associations in Newport Coast that they must comply with their approved fuel modification plan or the City's guidelines by November 2, 2002. lie stated that earlier in the day, review inspections in the area were begun. Mayor Ridgeway asked why the City only conducts annual inspections when activities are required twice a year. Fire Chief Riley stated that the biannual cleaning maintains the plan in the way it's supposed to be done, but the City only has the staffing to conduct inspections once per year. City Manager Bludau noted that a position was added to the Fire Department in the current year's budget to look at fuel modification zones and the requirements of the City. Noting the risk of the Newport Coast area and the number of homes, Council Member Heffernan asked if the fire chief felt that annual inspections were adequate. Fire Chief Riley stated that once the fuel modification zones are in compliance, annual inspections will be adequate. Continuing with the PowerPoint presentation, Fire Chief Riley stated that Volume 55 - Page 469 City of Newport Beach Study Session Minutes November 12, 2002 INDEX fuel modification zones are broken into four zones. Per Mayor Ridgeway's question, Fire Chief Riley stated that fuel modification plans are approved by the Fire Marshal. He noted, however, that the plans in Newport Coast were approved by the Orange County Fire Authority, but the City is having difficulty obtaining all of those plans. Council Member Glover asked if the plans are required to fulfill the City's legal obligations. City Attorney Burnham stated that the City can acquire design immunity, but he wasn't sure if it would apply to this situation. Council Member Glover stated that it should be pursued. Fire Chief Riley stated that the A Zone of the four zones mentioned earlier is considered the setback area and a minimum of twenty feet from a structure. He stated that it is also the area that provides the best place for firefighters to stand in the event of a fire. He listed some of the requirements of the zone and what can go wrong. He stated that the A Zone is the principal zone that needs to be maintained. Mayor Ridgeway confirmed that the twenty feet is beyond the last constructed object, which would include patio covers. Fire Chief Riley stated that the B Zone is 50 feet past the A Zone. He listed some of the requirements of the B Zone and what can go wrong. He also displayed a photo of a healthy and well irrigated B Zone, as well as an example of fuel laddering, which is the inadequate separation of groundcover and larger trees. Fire Chief Riley stated that the C Zone is a non - irrigated zone and has requirements primarily aimed at reducing fuel volume. The D Zone is similar to the C Zone, but with a less aggressive thinning of the natural vegetation. He stated that the main problems with the C and D Zones are that they are not irrigated or well maintained. Fire Chief Riley stated that the City has produced site maps, taken field photographs and collected data since annexing the Newport Coast area in July 2002. He stated that the fuel modification program has also included research and field preparation to gather as much information as possible on what was planned when Newport Coast was initially constructed and approved. He stated that the City also conducted a pilot study of five key areas to look at what the City could expect to find in the Newport Coast area. Fire Chief Riley stated that the City also notified all of the homeowner associations to inform them of their responsibilities and a public information meeting was held on October 16, 2002. He stated that the inspections of the 28 parcels that were identified have been completed and the findings have been documented. He stated that these tasks have resulted in the City knowing all of the current conditions in the Newport Coast area and what needs to be done. He stated that it is now time to start the re- inspection process to confirm compliance and to issue second notices to those that are found not to be in compliance. Fire Chief Riley stated that a detailed fuel modification database has been created and is available through the fire department. He stated that it includes aerial photographs, field photographs and extensive data. He Volume 55 - Page 470 City of Newport Beach Study Session Minutes November 12, 2002 stated that other fuel modification resources available include copies of all initial inspection findings, fuel modification zone maps, the opportunity for on -site property inspections, guideline interpretations and lists of the approved plants. In conclusion, Fire Chief Riley stated that the City has done a comprehensive assessment of the fire prevention conditions in Newport Coast, provided excellent resources, given the associations plenty of notice and is now ready to bring the areas into compliance. Council Member Heffernan stated that the City is close to coming to an agreement with the master homeowner associations on the maintenance of the slope areas. He stated that it's complicated, but it's a high risk area and the City needs to enforce the rules, comply with the annexation agreement and minimize the fire risk. City Manager Bludau added that per the annexation agreement, the City is responsible for maintaining the fire modification zones but only after the area meets the fuel modification standards. Mayor Ridgeway asked for a confirmation on what areas the City will be responsible for. Fire Chief Riley stated that the Assistant City Manager and the City Attorney are negotiating who will pay for the maintenance, but that the City is responsible for enforcing Zones A, B, C and D. PUBLIC COMMENTS - None. ADJOURNMENT - at 5:20 p.m. to discuss the potential for leasing the property at 709 E. Balboa and 111 Main Street pursuant to the posted agenda. F. T. T. TTTT. T. T. T. T. T.T.TT.TTTTTTTTTT.T.T.T.T.T.T.a The agenda for the Study Session was posted on November 6, 2002, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. �( /fit -rtf. 1�� .; ✓lt r���� City Clerk Recording Secretary Mayor Volume 55 - Page 471 INDEX