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HomeMy WebLinkAbout02/11/2003 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session February 11, 2003 - 4:00 p.m. INDEX ROLL CALL Present: Heffernan, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: Proctor (excused) CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR Council Member Heffernan asked if any of the items on the Consent Calendar had been modified. City Manager Bludau stated that Item No. 3, Refilling of Vacancies on the General Plan Advisory Committee, would be removed from the Consent Calendar at the regular meeting for discussion. 2. BONITA CANYON SPORTS PARK UPDATE. City Manager Bludau stated that the item was placed on the agenda at the request of Council Member Heffernan. Using a PowerPoint presentation, Public Works Director Badum reported that the contract for Bonita Canyon Sports Park was awarded on May 9, 2000, to Castello, Inc. at a cost of a little over $6 million. He stated that the park was scheduled to be completed in the Summer of 2001, with an expected opening in December of 2001. He explained that the time between completion and opening is to allow for landscape establishment and maintenance. Public Works Director Badum stated, however, that in November of 2001, work on the park was stopped due to financial issues associated with Castello, Inc., unrelated to the Bonita Canyon Sports Park project. In December of 2001, the City banned Castello, Inc. from proceeding with the work due to nonperformance. In addition, the bonding company, St. Paul Surety, was notified and a takeover agreement was approved. St. Paul Surety assigned the project to Errecas, work was resumed in February of 2002 and the expected completion was revised to October of 2002. Public Works Director Badum stated that there continue to be irrigation problems on the site. He displayed some photos, which provided examples. In an attempt to correct the problems, the valve manufacturer has agreed to replace all of the rubber diaphragms and flush the irrigation system at no cost to the City. Public Works Director Badum stated that it will delay the project by an additional four to six weeks. He noted that another problem with the project is incomplete work and that the list includes forty to fifty items. He stated that it has been estimated that it will take four weeks to complete the work. He displayed some photos illustrating the problems. Public Works Director Badum Volume 55 - Page 606 C -3270 Bonita Canyon Sports Park (38) City of Newport Beach Study Session Minutes February 11, 2003 INDEX stated that the 60 -day period for plant establishment has also been suspended due to the irrigation problems. He noted that the park appears green, but the turf experts have stated that the turf grasses have not yet developed a strong enough root system to enable the use of the fields. He also reported that the original contract was for $6.2 million and that change orders have increased the cost to $6.8 million. He noted that $6.1 million has been paid to date. Public Works Director Badum outlined the current schedule, which shows the improvements to be completed by March 2003, and plant establishment and maintenance by June 2003. He noted that the West Park is a bit behind that schedule with completion expected by April 2003, and plant establishment and maintenance by September 2003. The East Park tot lot and restrooms are currently open, and the West Park tot lot, tennis courts and basketball courts could be open by May 2003. He stated that the current schedule is subject to the irrigation system problems being corrected and the weather. He stated that the legal and liability issue of opening the park in stages also needs to be addressed. Council Member Heffernan stated that the project is at least two years behind the original schedule and noted the money that has been spent with nothing being received in return. He confirmed with Public Works Director Badum that the City is not recommending that any of the fields be used at this time. Public Works Director Badum stated that the contract should be completed and the issues resolved prior to the fields being used, and that this may not happen before the end of this year's baseball season. Council Member Heffernan asked if any other projects in the City have experienced such delays. Public Works Director Badum stated that it is rare to have a project run into so many delays. City Manager Bludau added that the project is very large and the worst -case scenario has occurred. Council Member Webb stated that there have been other major projects in the City that have taken longer to complete than estimated, such as the Central Library and the groundwater project. He added that the Bonita Canyon Sports Park project has definitely seen its share of problems, however. Mayor Pro Tem Ridgeway stated that the City is required to take the lowest responsible bidder for projects. He asked if this requirement should be reviewed. He, additionally, asked if surety agreements could provide the City with some control over who is hired if a takeover is required. Public Works Director Badum stated that staff is looking at options to improve contract specifications to insure that the best protection is provided. Assistant City Attorney Clauson added that her office has been researching changes to the laws dealing with lowest responsible bidders, and will make sure that the findings are incorporated into the contracts so that the City has the opportunity to reject bidders who don't meet the required qualifications or background. Council Member Nichols suggested that earlier notice should have been given to the City Council and the public about the reason for not allowing the use of the fields at Bonita Canyon Sports Park. He stated that it's frustrating for people to see the grass and not understand why they can't use the fields. He added that it might also provide the opportunity for the public to provide some valuable input. Volume 55 - Page 607 City of Newport Beach Study Session Minutes February 11, 2003 IV1I7�/:1 Council Member Heffernan requested an update on how the status of the usage of the fields was conveyed to the Little League and how they reacted. Recreation and Senior Services Director Knight stated that in June of 2002, all of the youth sports organizations were notified that the City did not anticipate the park to open for the 2002 baseball season and that they should not plan to use the park until at least June of 2003. She added that an update was also included in a recent issue of the Newport Navigator and an additional meeting was held with the sports organizations in December of 2002. Recreation and Senior Services Director Knight stated that the City has been working with the organizations to assist them with finding alternate sites and is also in the process of working with the Parks, Beaches & Recreation (PB &R) Commission to develop a new use policy for all of the City's facilities. She stated that more recent updates have been provided to the Little League and an assurance has been made that the City will allow use of the fields as soon as it is possible. Recreation and Senior Services Director Knight stated that she is unsure of how they have been taking the information. Council Member Heffernan stated that he assuming the Little League has accepted the City's decisions, since no one is present at the current meeting to provide input. He confirmed that once the Public Works Department determines that the fields can be used, it will be up to the PB &R Commission to determine which groups will use them. Council Member Webb asked how the fields are assigned and if all of the organizations share all of the fields throughout the City. Recreation and Senior Services Director Knight stated that the community as a whole will be looked at and the facilities will be distributed equitably. She stated that staff will be providing the PB &R Commission with a recommendation at their meeting of March 4, 2003. Council Member Heffernan asked if a preference will be given to the neighborhoods closest to the Bonita Canyon Sports Park since that is where the bond payers reside. City Attorney Burnham stated that no preference is planned to be given. Council Member Nichols referred to a controversy at the Lincoln Athletic Center regarding local organizations that were prepared to upgrade some practice fields and the City didn't follow through on their offer. He suggested that the City work with the organizations. Mayor Pro Tem Ridgeway stated that the situation at the Lincoln Athletic Center involved the Baseball Association taking it upon themselves to fence off two fields without notifying the Newport -Mesa Unified School District. He stated that they were required to remove the fencing. Mayor Bromberg confirmed with Recreation and Senior Services Director Knight that the City does work with the organizations. She added that the City has established a very close working relationship with all of the youth sports organizations. She stated that the City also acts as the liaison to the school district and requests that the organizations inform the City of any planned facility modifications. She stated that in the case of the Lincoln Athletic Center, the City was not notified of the modifications so was unable to work with the Volume 55 - Page 608 City of Newport Beach Study Session Minutes February 11, 2003 k1 school district prior to the fencing being installed. Council Member Nichols noted that they were practice fields that were being converted to game fields. Recreation and Senior Services Director Knight stated that they were not existing fields and that the fencing went through a kindergarten play area. Mayor Bromberg stated that there are often two sides to a story, that both sides need to be considered and the situation looked into. Council Member Heffernan noted that the Lincoln Athletic Center is owned by the school district and is operated under a joint use agreement with the City, which is different than the operation of the Bonita Canyon Sports Park which is owned by the City. Recreation and Senior Services Director Knight added that it was the school district that decided that the fields should not be allowed and the fencing should be removed. City Attorney Burnham stated that the Bonita Canyon Sports Park is actually owned by the City and school district through a joint powers authority. Council Member Adams asked which property owners are paying the Mello -Roos taxes that are contributing to the funding of the Bonita Canyon Sports Park. Assistant City Attorney Clauson stated that the tract that surrounds the property and two parcels in the Bonita Canyon area comprise the special district that was formed. Per Council Member Adams' question, Assistant City Attorney Clauson stated that the Mello -Roos funding went towards the purchase of the property and some of the improvements. Val Skoro, PB &R Commission, stated that the Recreation & Senior Services Department does a good job of communicating with the youth sports organizations, but people will remain frustrated when they can't use the fields. TIDEPOOL PROGRAM. Assistant City Manager Kiff introduced Cheri Schonfeld, the Marine Life Refuge Supervisor, and stated that her position is partially funded on a grant from the California Resources Agency. Using a PowerPoint presentation, Ms. Schonfeld stated that the tidepool education program was begun by first looking at the problems in the Little Corona Marine Life Refuge, then addressing the issues and finding solutions, looking at what groups visit the area, deciding if a difference is being made and determining the next steps. She outlined the problem as a typical day when 1500 school children will visit the area and have no idea they are inflicting any harm by walking on the refuge. She stated that the problems involve offering a program on a public beach in a residential neighborhood, preserving and protecting the intertidal ecosystem and educating the public on the impact they have. Ms. Schonfeld displayed an aerial photo of where the groups use the intertidal zone in Corona del Mar. She also displayed a graph, which illustrated the number of program visitors during the past three years. She noted the increased usage in May and June, which she explained is due to weather and the curriculum schedule established by the teachers. She stated that she will Volume 55 - Page 609 INDEX Tidepool Program (51) City of Newport Beach Study Session Minutes February 11, 2003 INDEX attempt to encourage more use during the other months. Ms. Schonfeld stated that the program currently costs $29.50 per class and that this fee includes parking at the Big Corona lot. Per City Manager Bludau's question, Ms. Schonfeld stated that the average class size is usually 20 to 30 students. She added that the program length is approximately two hours, usually one staff member is provided for every two classes, and a packet of educational materials is sent out to the classes ahead of time. Ms. Schonfeld noted that since the Corona del Mar program costs less than other programs, more classes participate from the underprivileged areas. She stated that the program is publicized via the Harbor Resources website, word of mouth from other teachers and repeat visitors. She stated that the largest number of participants come from the elementary, middle and high schools, and that other participants include preschools, home school groups and independent study programs, scout groups, day care programs, community organizations and YMCA groups. Ms. Schonfeld stated that 45% of the school groups are from Orange County schools, with the remainder from the Los Angeles and Riverside areas. She displayed a pie chart that illustrated participants of the program by age group. City Manager Bludau confirmed that only 2% of the program participants are in the seventh grade or higher. Ms. Schonfeld stated that the reason the program is utilized is because it supplements the science curriculum, introduces the beach to the kids, gives the students an appreciation and respect for the environment, teaches conservation and awareness, and that it's fun. She stated that the staffing for the program includes herself and the tidepool rangers. She stated that the rangers are responsible for presenting the program to the schools and groups, educating and interacting with visitors to the marine life refuge, and informing the visiting public of the rules and regulations. Ms. Schonfeld stated that anyone wanting to book a trip can call the tidepool information line or visit the Harbor Resources website. She distributed an information packet to each of the council members, similar to the ones mailed to the classes about six weeks before their trips. The packet included a confirmation letter, bus pass, marine life refuge video and vocabulary, field guides, tidepool trading cards, and contacts for obtaining additional information. She stated that when a group arrives at Big Corona, they are separated into groups and the ranger meets with them. She noted how excited the students are when they see the tidepools. Ms. Schonfeld stated that a survey was conducted in the Spring of 2002 and 95% of the respondents "strongly agreed" that they enjoyed bringing their classes to the tidepools. She stated that 54% felt that the students were prepared for the trip. Ms. Schonfeld stated that the information packet was enhanced due to this response. She stated that they are also planning ways to make the trip more compatible with scout badges and are planning to utilize volunteers from the Community Watch Program to assist the tidepool rangers on the weekends. Mayor Bromberg asked how often the program runs. Ms. Schonfeld explained that it runs to coincide with the tides. Mayor Bromberg noted that the tide schedule is included on the website and complimented the program. Assistant Volume 55 - Page 610 City of Newport Beach Study Session Minutes February 11,2003 4. City Manager Kiff stated that it's enjoyable to see the students visiting the area. He complimented the program also and thanked the City Council for funding it. Ms. Schonfeld introduced Diane Williams and Rick Connella, two of the tidepool rangers. STATUS REPORT OF NEWPORT COAST FUEL MODIFICATION ZONES COMPLIANCE. City Manager Bludau stated that the item was placed on the agenda at the request of Council Member Heffernan. Council Member Heffernan stated that the item is important to review because it is a topic of conversation at every Newport Coast Advisory Committee (NCAC) meeting and many of the fuel modification zones are out of compliance. He stated that the area used to be under the authority of the Orange County Fire Authority prior to the annexation of Newport Coast, but it is now under the City's authority and every attempt is being made to enforce compliance. He noted that the issue is complicated since some of the areas that are out of compliance are owned by homeowners associations. He stated that compliance is becoming even more important since Spring is approaching. Using a PowerPoint presentation, Fire Chief Riley defined a fuel modification zone as a wide strip of land where combustible vegetation has been removed and/or modified with drought tolerant and fire resistant plants to reduce the risk to homes from wildland and vegetation fires and to create a defensible space for firefighters. He stated that the landscaping plans are put together by licensed landscape architects, which is important since there is also a great concern for erosion during rainfall. Fire Chief Riley stated that fuel modification zones are subject to periodic inspections by the City in order to assure that the zone continues to be maintained. Fire Chief Riley displayed an exhibit, which illustrated the basic requirements of a fuel modification plan and the four zones that comprise it. He noted that the A and B zones should be irrigated, while the C and D zones are naturally maintained. Fire Chief Riley stated that the A zone is the primary defensible space and where the firefighters would attempt to protect a structure. He stated that it's a minimum of twenty feet from the structure setback zone. The B zone can only include plant material from the approved plant bat, the surface plants are not to exceed eighteen inches in height and the native grasses are not to exceed eight inches in height. He stated that the C zone uses the natural vegetation, but it is thinned out by about 50 %, and dead and dying plant materials and undesirable species are removed. The D zone is closest to the wildland area and uses the natural vegetation, but is thinned out by about 30 %. Fire Chief Riley stated that the fuel modification program initiated for Newport Coast by the City began with a development of the inspection program. The first notice to all of the homeowners association management companies was sent out on September 30, 2002, and required compliance by November 2, 2002. He stated that all properties were reinspected and a second notice was sent to the management companies that were not in compliance on November 21, 2002. Fire Chief Riley noted that additional contact was made with the homeowners, Volume 55 - Page 611 INDEX Newport, Coast Fuel Modification Zones (41) City of Newport Beach Study Session Minutes February 11, 2003 INDEX and fuel modification plans and additional information was provided. He stated that the City has spent a great deal of effort on advising, educating and informing the residents of what is required. Per Mayor Bromberg's question, Fire Chief Riley confirmed that there was 100% noncompliance prior to the second notice being sent. He stated that there are 32 different property owners in Newport Coast, approximately 136 parcels and 21 homeowners associations. He stated that it has been difficult to define ownership and responsibility since various entities have ownership within the zones. Fire Chief Riley stated that the City has succeeded in notifying the homeowner associations of their specific requirements for their specific fuel modification plans, but the responses vary on when they feel they can meet compliance. He listed the six fuel modification zones that are currently in compliance, and two others that have made significant progress towards compliance. As an example of significant progress, Fire Chief Riley listed the items completed by Ocean Ridge II, which included the pruning of the B zone, the removal of all dead and dying material, and the 50% thinning of the C and D zones. He additionally listed seven fuel modification zones that have made some progress towards compliance and seven others that have made minimal progress. As an example of having made minimal progress, he pointed to Newport Ridge Master Association, which has only thinned or cleared 250 feet of a 3500 -foot fire modification zone in the past three weeks. At this rate, the work wouldn't be completed until December of 2003 and that this is not acceptable. Fire Chief Riley provided a list of communities that were not previously required to have a fuel modification zone, although two of them should have one and the City will address the situation. Fire Chief Riley stated that the next step will begin on February 28, 2003, with reinspections of the noncompliant zones. He stated that those zones that have been determined to have made significant progress towards compliance will be given a 30 -day extension. The others will be given a 14 -day notice of the City's final intention to abate, which will result in a reinspection and possibly a clearing of the necessary areas by a contractor hired by the City. He explained that this work is scheduled to begin on March 17, 2003, and that the owner of record will be billed for the services. Fire Chief Riley stated that the City will continue to be available to provide assistance and that resources include the initial inspection findings, the fuel modification zone maps, the fuel modification zone landscape plans approved by the Orange County Fire Authority, interpretation manuals of the City's guidelines and approved plant lists. He stated that on -site property inspections can also be requested. In conclusion, Fire Chief Riley stated that a tremendous amount of work still needs to be done due to the lack of maintenance over the years. He stated that it is a significant hazard to the City and that prompt action is required. Referring to the preannexation agreement, Council Member Heffernan asked what the City's role will be once the fuel modification zones are in compliance. Volume 55 - Page 612 City of Newport Beach Study Session Minutes February 11, 2003 He noted that many of the homeowners associations have already spent money on landscape companies and that they may have to spend more money if a contractor is brought in to do the work. He stated that an obligation of the preannexation agreement is for the homeowners associations to bring the fuel modification zones into compliance and then the City would perform the ongoing maintenance. To highlight the significance of the problem, Council Member Heffernan stated that it is estimated that the total cost for compliance is approximately $500,000. Fire Chief Riley noted that some areas are performing the necessary work themselves, so the cost could be closer to $200,000. Mayor Pro Tom Ridgeway asked what work the City contractor would be performing on March 17, 2003. Fire Chief Riley clarified that the contractor will not be installing irrigation in the A and B zones, or doing any plantings. The contractor will be removing undesirable species, removing dead and dying material, and thinning the C and D zones. He noted that the City could also install irrigation lines, but that the City is more interested in abating the immediate hazard. Referring to the preannexation agreement, Mayor Pro Tom Ridgeway asked if the City will be responsible for all of the zones, noting that the A zone is basically the property owner's backyard. Fire Chief Riley noted that some of the fuel modification plans don't have an A zone because they were done prior to 1992. He stated that it is the Fire Department's job to make sure that the hazards are abated, but that the City has agreed to honor the fuel modification plans that were approved by the County of Orange. He stated that this can create a problem, but the City will still plan to educate the homeowners on how they can make their homes safe from fire. Mayor Pro Tom Ridgeway asked how collection and grievance issues will be handled in regard to the contractor that has been hired to perform work. Fire Chief Riley stated that, in the past, the work has been performed, an administrative cost has been added and then the property owner is billed through the City's existing billing system. If payment is not received, the City Council is asked to approve alien on the property. Council Member Webb asked if the City will take over maintenance of those zones that are in compliance, or if all zones must be in compliance before the takeover will occur. Fire Chief Riley stated that the preannexation agreement allows the City to provide reimbursement once a property is brought up to compliance. Council Member Webb confirmed that the property owner will still be responsible for compliance, but the City will provide the funds. He further confirmed that this would be included in the budget. Council Member Heffernan stated that it is a liability issue. The City will be liable for making the payment, but the property owner and the homeowner association will be responsible for making sure that the work was done right. Per Council Member Nichols's question, Fire Chief Riley stated that the zones are measured horizontally, with the A zone measuring twenty feet and the B, C and D zones measuring fifty feet. Additionally, he stated that the preannexation agreement requires that the City reimburse for the maintenance of the B, C and D zones. PUBLIC COMMENTS — None. Volume 55 - Page 613 INDEX: City of Newport Beach Study Session Minutes February 11, 2003 ADJOURNMENT - at 5:35 p.m The agenda for the Study Session was posted on February 5, 2003, at 2:00 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secr tary Volume 55 - Page 614 INDEX