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Home My WebLink About12/09/2008 - Study SessionCITY OF NEWPORT BEACH City Council Minutes City Council Study Session December 9, 2008 — 4:00 p.m. I. ROLL CALL II. Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Webb, Council Member Curry, Council Member Gardner 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None 2. OASIS SENIOR CENTER UPDATE. [100 -20081 Deputy Public Works Director Webb reported that the project is in the design phase and they have a list of 20 pre - qualified contractors. He stated that the goals are to conduct a bid in January, bring the contract to Council in February, start construction in March, and set up trailers in the park across the street. He noted that the cost estimate is still on track and recommended that Council approve the Mitigated Negative Declaration (MND)tonight (Item #5). He also reported that there are three zoning exemptions, parking standards will be met, the temporary facilities will be on Open Space (OS), and the roof equipment will have additional screen walls that will be painted to blend with the facility. In response to Council questions, Deputy Public Works Director Webb stated that the area used for the temporary facility is under the same zoning jurisdiction as the park, there is no set payment plan for the project, and the expenditures will be spread out during the duration of the project. He reported that the bids will be good for 60 days after they are received unless there is a written approval from the contractor. City Manager Bludau stated that Congress may be offering a stimulus package and believed that the project should meet the criteria because of the amount of labor involved. He stated that the other half of the money needed to fund the project can be loaned from the CIP Fund and paid back via future bond issuances; However, he agreed that there is a need for further discussion relative to funding the project. Council Member Curry commended staff for bringing the project forward. 3. BUCK GULLY VEGETATION CLEARANCE - ENVIRONMENTAL IMPACT REPORT (EIR) NEEDED AT A COST OF $150,0004200,000. [100 -20081 Fire Marshal Bunting reported that Council previously instructed the City Attorney's Office to look at the proposed amendment to the Fire Code to see if it needed to comply with CEQA and the findings were that the City does have to comply. He stated that he then asked for a estimate from a consultant in which the amount was between $150,000 - $300,000. He also discussed Senate Bill 1595, displayed a preliminary map from the State, and stated that he suggested to the State that it add and amend some of the areas on the map so they are included in the high hazard zone. He indicated that he is waiting to receive comments back from the State and then he will be given 30 days to conduct a public hearing to receive feedback from the public. Volume 59 - Page 33 City of Newport Beach City Council Study Session December 9, 2008 City Attorney Clauson suggested that the City wait to see how the legislation intersects with the City's proposed ordinance before spending money on an Environmental Impact Report (EIR) because the City might be preempted by State law. In response to Council questions, Fire Marshal Bunting stated that the State surveyed the area by air and ground, and that the State regulation requires a redesign of the hillside by placing it into zones. He noted that it would be difficult for the City to clear private property that is considered a nuisance; however, State law might change the requirements to enforce the clearance by the State Fire Marshal. He also noted that the OASIS Senior Center would be in the red fire zone and State legislation gives Council the authority to declare a very high fire hazard. He indicated that new homes in the area do meet State requirements and the substantial remodel threshold for fuel modifications is 50% for two years. He assured Council that the proposed EIR will include the lower, middle, and upper Buck Gully on both sides of the highway and the water pressure in the area is substantial. He reported that staff is inquiring into alternatives of bringing water to Corona del Mar. Council Member Webb stated that the Irvine Ranch Water District (IRWD) is conservative relative related to back -up systems. Public Works Director Badum stated that the code does not allow a bidding process for this project, but a professional services selection can be done and the price can be negotiated. 4. BUCK GULLY RESOURCE AND RECREATION MANAGEMENT PLAN. (100 -20081 Assistant City Manager Kiff utilized a PowerPoint presentation that included a history of the area, the Natural Communities Conservation Plan (NCCP), the Resource and Recreation Management Plan (RRMP), The Upper Gully Trails Concepts, and the next steps. Michael O'Connell, Irvine Ranch Conservancy, gave details about the trail, how the bridge will be installed, and discussed the two trail options. He stated that the RRMP includes public programs, such as an active volunteer program, natural guided tours, and a volunteer fine watch program. In response to Council questions, Mr. O'Connell stated that only a small portion of the trail is located on the Edison access road, 75% of the money will be for the bridges, and the steepest grade on the green trail is 50 -60 feet and about 1 /10 of a mile. He requested that Council consider the following issues: there are no dogs allowed in the NCCP area, neighbors whose homes are adjacent to the trails, one of the suggested trails is one -way, there is encroachments into the preserves, the fuel modification zone on the south side is substantial and would require an amendment to the NCCP, and he believed that there are no State grants at this time. He also suggested that Council decide if the area will be used as a local area or a community resource. Council Member Curry expressed support for the project and stated that the canyon is a great improvement to the area. Council Member Webb agreed that the path is a great resource that will allow people to see the natural habitat. Council Member Rosansky offered services from the Boy Scout Troops for Eagle projects. Assistant City Manager Kiff stated that there will be two community outreach meetings and Homeowner Association meetings, a webpage will be created, staff will research grant opportunities, and the completed plan will be brought back to Council. Mr. O'Connell stated that, after the plan is approved by Council, it will be subject to approval by the wildlife permitting agencies. In response to Mayor Selich's question, Fire Marshal Bunting stated that most of the area is Volume 59 - Page 34 City of Newport Beach City Council Study Session December 9, 2008 cleared by fuel modification or hazard reduction already; however the area of 5th Street and Poppy are a concern because the canyon area is privately owned. 5. BANNER SIGN REGULATIONS AND DETAILS ISSUES. (100 -2008] Part -Time Deputy City Attorney Wolcott provided Council with a handout and discussed the proposed changes to Title 13, Title 10, and Council Policy L -16. She noted that assessments can be challenged with the Administrative Services Director and if not resolved, a hearing can be requested. In response to City Manager Bludau's questions, Part Time Deputy City Attorney Wolcott stated that pictures of signs can be taken as evidence and the current policy on City - sponsored programs involves money or revenue sharing. She recommended that a lower threshold be added for City sponsorships. She noted that there is confusion as to where signs and banners can be displayed and staff is looking into electronic reader boards, traffic safety, and the legality of speech issues. Public Works Director Badum expressed concern about the safety of motorists on arterial highways in high speed areas and suggested that the City invest in an electronic reader board because they are easy to read. In response to Mayor Selich's question, Public Works Director Badum stated that signs are not allowed in the rights -of -ways and the City can get delegation from Caltrans and Edison to remove signs from the poles. He also stated that there are no ramifications for private citizens who remove signs. III. PUBLIC COMMENTS - None IV. ADJOURNMENT - 5:25 pan. The agenda for the Study Session was posted on December 3, 2008, at 2:50 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Mayor Volume 59 - Page 35