HomeMy WebLinkAbout01 - Minutes 10-17-07Agenda Item No. 1
November 13, 2007
CITY OF NEWPORT BEACH
City Council Minutes
Adjourned Regular Meeting
October 17, 2007 — 7:00 p.m.
I. CLOSED SESSION - 4:80 p.m.
II. RECONVENED AT 7:00 P.M. FOR ADJOURNED REG MEETI
III. ROLL CALL
Present: Council Member Henn, Mayor Pro Tem Seli , May Rosansky, Council her Webb,
Council Member Daigle, Council Member ne
Excused: Council Member Curry
IV. PLEDGE OF ALLEGIANCE - Council Member H
V. PUBLIC HEARING
1. EXTENSION OF TEMPO TORIUM O SIDENTIAL USES THAT
ARE TRANSITORY IN NATU ; R MEA RES TAKEN SINCE THE
ADOPTION OF TEMPORARY BATOR
Mayor Rosansky introduced Speci g ounsel Jim Markman of Richards, Watson &
Gershon. He read ublic stateme ertaining to the allegations about him having a
conflict of intere ported on st the City has taken to address the concerns related
to group resid ial S.
Assistant y Ma ger Kiff utilize a PowerPoint presentation to highlight the
background, en ' sues the Planning Commission will be bringing
before Council, ie timeline.
J' Rich Watson & Gershon (RWG), reported that they expect to deliver
eir analysi Dece He noted that RWG has been charged with producing an
ordinance that als wit a over concentration and risks related to group residential
uses, and fnclud input from the citizens group and attorneys. RWG has also been asked
to provide a co ct of interest audit for the Council and be able to give assurances that
here is no reas for a Council Member to abstain from the process. He invited anyone
the publi to send information to his office and indicated that it will be kept
co ntial. recommended adopting the ordinance, as presented, for the full one -year
In respon to Council questions, Mr. Markman reported that he has reviewed much of the
past legal work, met with citizens and theirs attorneys, and met with the attorneys
representing the operators. He confirmed that, even though RWG will be looking at
information from all of the concerned parties, RWG will be making its recommendations
based on Council direction.
Mayor Rosansky opened the public hearing.
Michael Tidus, Concerned Citizens Group, requested confirmation regarding the
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October 17, 2007
moratorium, opening up a facility for six occupants and under, and selling the operation to
become part of an integral organization. He requested that this not go back to the
Planning Commission and that Council act quickly. Special Legal Counsel Markman
indicated that this would only go back to the Planning Commission to avoid a legal defect.
He reported that no permit can be issued and no one can establish a facility while the
moratorium is in effect.
In response to Ed Vandenbossche's question, Special Legal Co el Markman reported
that the City of Sausalito filed a lawsuit this week to abate inte uses before they start.
He stated that RWG intends to contact Sausalito's attorney support their approach as
an amicus during the appeal process.
Max Liskin believed that the City is doing a lot to res this pro and that the public
has to give the City time to address the situation. uggested add issues that are
not discriminatory, like smoking, outdoor meeting tc.
Denys Oberman submitted a petition from
indicated that the citizens group has bee
rid of the current over concentration and
institutionalization from continuing throug
She indicated that they have worked hard to
by the Planning Commission.
; unity with 1,089 siflatures and
ouncil since 2004 for a remedy to get
a proactive plan to prevent this type of
e City, especially in the coastal areas.
are a solution; however, it was rejected
Dick Nichols asked about the need facilities believed that there is data
available that could be used to 'te aws. He ked RWG if they could work
with the State to find out where t licensed f located and how large they are.
Assistant City Manager Kiff revi wed i ation t can be found on the State's
website. He reported that the Sta has en working with the City; however, it is clear
that the State's job jW license new ies.
David DiamoQig hted the over centration o f facilities in his area and noted that
he has neve nyone of doing nything.wrong. He explained that sometimes a
location ha n the site, so dis ssing 24 facilities can be equivalent to having 48
licensed fac icensed homes that may have three times the
number of peoso have mo an one unit per location. He reported that he met
with ative from the ADP who indicated that their records are not
Assistant City alter MV indicated that Mr. Diamond is correct because residential
facilities can see two separate licenses and operate under the loophole in State law. He
clarified that, of locations, 14 are six occupancy facilities but believed 13 are operated
teFr Uy with ers. He concurred that there are a significant number of unlicensed
'ties and it ' difficult to determine where they are located.
Joel zky mended Mayor Rosansky for his opening comments and believed that,
with w ppening now, the issue is being addressed. He emphasized the importance
of enforci the moratorium and requiring a business license in order to know where the
facilities are located. However, in the interim, he suggested creating a use permit
ordinance.
Assistant City Manager Kiff explained that, if a facility were. licensed and has six or fewer
occupants, the City has to treat the location as a single- family use; however, the City can
regulate a seven or more occupant licensed facility. He emphasized that if the facility is
not licensed, the City can regulate it and the moratorium applies to all unlicensed
facilities. Special Legal Counsel Markman reported that only licensed facilities are
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City Council Minutes
October 17, 2007
exempt from paying business license taxes.
Shelly Dobkins agreed that the City should extend the moratorium and believed that the
City has been over accommodating these facility and not discriminating against them. She
added that there is evidence of undue hardship on the citizens due to these facilities.
Dolores Otting expressed hope that the City incorporates State
public nuisance issues and believed that there is a problem
Assistant City Manager Kiff indicated that the City is pursuing
relative to a case on 39th Street.
Marcia O'Hern believed that she has smelled ma
Assistant City Manager Kiff encouraged anyone to
to potential violations. A
Willis Longyear indicated that he helped get the
David Diamond addressed the issue oAfacih
Assistant City Manager Kiff indicated t
located. Council Member Henn report
licensed facilities, but doesn't prohibit t
Special Legal Counsel Markman noted that the f
indicated that he has never see anyone compel
requiring a license.
Dick Nichols addressed the busineU license
In response to Ed Vandenbossche's
City is looking into transient occup
the
signed.
ons. She addressed
code enforcement.
and criminal action
call the Police.
artment relative
licenses and when they ar'b required.
"knows where the licensed facilities are
its law prohibits the City from taxing
from filing paperwork that has no fees.
ies still have to file tax returns. He
o e to provide information without
Manager Kiff indicated that the
Laura Curran nogdt 110 sipnatuft are from Corona del Mar.
Hearing no ther to 'mony, Mayor ansky closed the public hearing.
Motion by o w receive and file the report relative to measures
taken since the ption of an nterim Urgency Ordinance (Ordinance No 2007 -10)
re mpor oratorium on the establishment and operation of residential uses
are tra ry in ure; and adopt Interim Urgency Ordinance No. 2007 -16 which
extends the to rary in rium on the establishment and operation of residential uses
that are transito in nat or twelve (12) months to October 30, 2008.
Assistant City ger Kiff utilized a PowerPoint slide to display additional text to be
added to the firs age.
e mo n b Council Member Gardner to receive and file the report relative
to me, es Aen since the adoption of an Interim Urgency Ordinance (Ordinance No
2007 -10 ding a temporary moratorium on the establishment and operation of
residentia ses that are transitory in nature; and adopt Interim Urgency Ordinance No.
2007 -16, as amended to add an additional "Whereas" clause, which extends the temporary
moratorium on the establishment and operation of residential uses that are transitory in
nature for twelve (12) months to October 30, 2008.
The amended motion carried by the following roll call vote:
Ayes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council Member
Webb, Council Member Daigle, Council Member Gardner
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October 17, 2007
Absent: Council Member Curry
VI. PUBLIC COMMENTS
Dolores Otting discussed fluoride in the drinking water and the conversation she had with her
dentist.
VII. RECESS - The City Council recessed into Closed Session at 8:20 p.nUF
VIII. ADJOURNMENT - Mayor Rosansky announced that there was thing to report out of
Closed Session and adjourned the meeting at 8:80 p.m.
The agenda for the Regular Meeting was posted on Octo 10, at 1:80 p.m. on the
City Hall Bulletin Board located outside of the City o ewport h Administration
Building.
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CITY OF NEWPORT BEACH
City Council Minutes
Study Session
October 23, 2007 — 4:00 p.m.
I.
II.
ROLL CALL
In response to Council questions r ing Item S20 (2007 -08 Master CIP Schedule),
Public W4ep adum repo d that the schedule is updated quarterly on the
Public Woople can con ct him or the project manager if they have spec ific
questions and the Pub Works Department discusses the projects weekly
during th meetings. He dicated that they can create a spreadsheet that
discusses impacts, and lists original start and completion
dates. He options rela ive to Assessment District Nos. 99 and 100, and the
tim lls lighting project.
2. PDATE O -FI (WIRELESS FIDELITY) NETWORK, INCLUDING
SUMMARY O ROPO FROM METRO -FL (contd. from 10 /9 /07)1no report]
Assistant City ager Kiff utilized a PowerPoint presentation to review what Wi -Fi is
nd discuss the quest for Proposals (RFP) process and the responses, what is occurring
e marketpl the anchor- tenant model, and what might happen next.
CNanin r Curry no that the City benefited from going through the process, but
bhe business model isn't viable. Council Member Daigle stated that this may
b the future through the cable companies.
8. PROPOSED WIRELESS TELECOMMUNICATIONS FACILITY AT MARINERS
PARK. 1100 -20071
Council Member Daigle recused herself and left the dais.
Assistant Planner Brown provided the staff report and utilized a PowerPoint presentation
to depict where the tower would be located. She reported that Council authorization is
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Study Session Minutes
October 23, 2007.
needed prior to T- Mobile submitting an application since they want to exceed the height
limit, the City has not processed this type of permit before, and the allowable height limit
is 32 feet, but T- Mobile is requesting 49 feet.
In response to Council Member Webb's concern regarding a possible conflict of interest,
City Attorney Clauson believed that Council Member Webb would not have a conflict of
interest since his house is not within 500 feet of the proposed tower.
In response to Council questions, Assistant Planner Brown indi d that the fee is set by
policy and the City has not worked out any details with obile since there is no
application at this time. She noted that other carriers may ble to use the tower, but T-
Mobile would want the higher position regardless of the we ht. She discussed the
potential for a scoreboard on the tower. Public Work erector indicated that the
clock tower was discussed briefly during public out He added staff will need to
determine where another carrier's support equip nt will be located the baseball
teams have storage containers at the proposed do City Attorney Cl explained
that, even though the tower would be on pr rty, the project wool eed a use
permit in order to exceed the height limit.
Discussion ensued relative to public outrea sistant City Manager Kiff noted that the
residents were sent notices in the mail regar today's meeting. He indicated that, if
this moves forward, the issue will need one more cil review and that the public can
speak on the issue at that time.
Joe Thompson, T- Mobile, disc a wants t tower to be 49 feet high and
the footing for the scoreboard. He armed th would own the tower and pay the
City rent for having it in a public cility; h ever, - ile would receive the revenue if
another carrier used the tower. H indi d that there is no room for another carrier's
support equipment within the tower ported that T- Mobile will not be managing the
scoreboard.
In response oun ' uestions, Mr. mpson discussed options if the tower could not be
49 feet explain how the ante works, indicated that he can provide a Radio
Frequency Jus , —4- 4 sted that they will do community outreach.
Coun ' mber b received clarification relative to the backstop fencing. He stated
ocould prefe 40 foot height limit and that the equipment would obstruct the
i were d at the base of the tower. He believed that the three base
be ed for lic use and asked to see the plans for the score board. He
that one has complained to him about this project. Council Member Curry
he uld like to understand the business aspect of the project. Council
nn r uested to see more alternatives and expressed hope that the tower would
nd de to blend in with the surrounding neighborhood.
a y joined the meeting at 4:47 p.m.
4. JOINT SION WITH THE HARBOR COMMISSION REGARDING FEE
STRUCT RE, EELGRASS, DREDGING, ETC. 1100 -20071
Chairman Lawrenz reported that the Harbor Commission conducts an annual planning
session. He utilized a PowerPoint presentation to discuss issues related to the Grand Jury
Report, who can become a mooring permit holder or transferee, the benefits of short -term
and long -term moorings, the existing waiting list process, proposed Title 17 revisions, and
mooring management.
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Study Session Minutes
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Council Member Daigle suggested having as few definitions in the revisions to help
eliminate confusion and allow for clean administration. She believed that the Newport
Harbor Maintenance Reserve Fund is a good idea. She recommended changing the 15 day
notification period when a mooring owner is on vacation to 30 days.
In response to Council Member Henn's questions, Chairman Lawrenz noted that the
transfer fee is set by Council policy and recommended updatAgthe amount. He
recommended charging $5/year to keep ones name on An '
Harbor Commissioner Collins utilized a PowerPotion to emphasize why
dredging is needed in the Harbor. He displayed a matic shoaling areas and
the Upper Newport Bay ecosystem restoration projeed the City's history of
dredging. He reviewed funding issues, potential and the proposed
change in strategy. He reported on the Regional an e Rhine Channel
Contaminated Sediment Remediation Plan He p the enance of the
Lower Bay can only be effective with a com he ve source cot trol am in the
watershed. He reported that dredging the y sh d be a regional servi , like street
sweeping or storm drain services.
Harbor Resources Manager Rossmiller repo,Tftthat the moorings are within the Federal
area of responsibility, and discussed previous g projects and Federal lines.
Harbor Commissioner Beek uti ' d a PowerPoint pr tation to discuss the Harbor Area
Management Plan (RAMP) an alance enviro tal issues with Harbor uses.
He displayed eelgrass bed loca ns sed the pacts of eelgrass on Harbor
improvements. Harbor Resources upervisor d that there are seven sites that
are being considered as mitigation eas.
Vice Chairman Duffield stated tha s also the Chair of the Mooring Master Plan
Subcommittee. ' ed a Power t presentation to explain why the subcommittee
was formed, w is p rticipating on a subcommittee, how frequently they've met, and
their object' a and arameters. H splayed an aerial of the mooring fields and
explained each Id was evaluated: a reviewed the recommended changes.
Harbor Comm r orrou d a PowerPoint presentation to discuss Harbor
servji2J@&ties a conomic drivers /issues. He noted that more boat and shipyards are
n arbo believed that $1.86 billion of revenue will be generated in 2007
om Harbor- ted u d jobs. He displayed slides of service facility locations and
possible joint 1 water p ng areas. He stated that the Commission hopes to include
he RAMP. He emphasized that the Municipal Code
nguage. He discussed successful examples of inter-
r Comm' Toner Rodheim discussed why Newport, Rhode Island, could serve as a
mo r vi r- serving facilities for the boating public. He utilized a PowerPoint
presen to emphasize the importance of visitor- serving docks and waterfront
facilities. a reported on the mooring permit distribution, noting that the Harbor is an
important regional facility that is used by residents and visitors. He discussed the need
for berthing and temporary storage for smaller vessels, and suggested adding fingers to
the public piers for dinghy tie -up with appropriate permits. He also presented suggestions
on how to. deal with long -term dinghy storage.
Harbor Commissioner Rhyne utilized a PowerPoint presentation to discuss code
enforcement issues and problems with piered boats in the Harbor. She questioned how to
deal with violations and which rules make sense. She emphasized that the City needs to
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Study Session Minutes
October 23, 2007
think about how it wants the Harbor to look like in the future.
Council commended the Harbor Commission for a comprehensive and thorough
presentation, emphasized the importance of the HAMP, agreed that the Harbor is the most
important resource in the City, and agreed that the Harbor should be treated as well as
the City treats its streets.
III. PUBLIC COMMENTS -None
IV. ADJOURNMENT - 6:27 p.m.
The agenda for the Study Session was posted on October 7, at 2:10 p.m. on the
City Hall Bulletin Board located outside of the City of po ch Administration
Buildina.
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
October 23, 2007 — 7:00 p.m
I. STUDY SESSION - 4:00 p.m
II. CLOSED SESSION
III. RECESS
IV. . ' RECONVENE AT 7:00 P.M. FOR RKGUL I MEETING
I;IFn,
V. ROLL CALL d
Present: Council Member'Henn, Council fiber Curry, Mayor Pro Tem lich, Mayor Rosansky,
Council Member Webb, Council em Daigle, Council Member Gardner
VI. CLOSED SESSION REPORT e
VII: . PLEDGE OF ALLEGIANCE - C nci ber Dai
VIII. INVOCATION - Rabbi Marc Rub stein,
III. PRESENTATI ne
K NOTICE T E PUBLIC
Ni. CITY C NCI MEN OR MATTERS WHICH COUNCIL MEMBERS
P ED RE AG FOR DISCUSSION ACTION OR
ORT (N IS SION ITE
Council. Member finer r ested an update from the Fire Marshal on areas in her district that
subject to fires.
Ma sansky tha ed the Police and: Fire Departments for sponsoring the Public Safety Day. He
also d the mmodores for the Lifeguard and Firefighter Appreciation Beach Party .on
October
Mayor Rosan reported that there will be a joint study session with the Planning
Commission on otober 30th; at 7 p.m. to discuss the development agreement with The Irvine
Company.
Mayor Rosansky reported that the City has sent 4 engines to battle the fire.
NII. CONSENT CALENDAR
A. READING OF MINUTESIORDINANCES AND RESOLUTIONS
L MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF
OCTOBER 8, :2007. [100 -20071 Waive reading of subject minutes, approve as
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City Council Minutes
October 23, 2007
C.
W
E.
written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive. reading in full of
all ordinances and resolutions under consideration, and direct City Clerk to read by
title only.
ORDINANCE FOR ADOPTION
3. VEHICLE CODE ENFORCEMENT FOR NEWPORT RIDGE NORTH. [100-
2007] Adopt Ordinance No. 2007- 17.amending apter 12.66 of the Newport Beach
Municipal Cade to apply provisions of the C or_nia Vehicle Code (CVC) to private
roads in the Newport Ridge North neighbo d.
RESOLUTION FOR ADOPTION
4.
5.
1.1
RESOLUTION ALLOWING
BUSSES) ADJACENT T.Q „I
Resolution No. 2007.69 allp*ia
the Environmental Nate Cer
hours of 8:30 a.m.. and:) rA
No. 2007 -40.
SANTA ANA
CONSULTING 4
Services Agreem,
s and addi
nit_
hStudy/?
and authorize the
with
OVAL VEHICLES (EXCLUDING
16TH S ET. [100 -2007] a) Adopt
al of vehicle , chiding busses, adjacent to
C) located at 1 16th Street between the
ty through Friday b) rescind Resolution
FACILITY - AMENDMENT TO
:NT WITH KEETQN KREITZER
iprove an amendment to Professional
Consulting for project management
;is associated with the preparation of
Negative Declaration not to exceed the cost of $19,960,
.d City Clerk to sign the agreement.
EIGHTS RAFFIC CALMING IMPROVEMENTS (C-8937)-
LE EPTANCE. [38/100 -2007] a) Accept the work; b,)
the City Cler 'file a:Notice of Completion; c), authorize the City Clerk to
t bor and Materials bond 35 days after the Notice of Completion has
nor in accordance. with applicable portions of the Civil Code; and d)
the F .Performance bond 1 year after Council acceptance.
7. SEL CTION OF A VENDOR FOR CONTRACT NEGOTIATIONS FOR THE
L SCAPE MAINTENANCE' OF CITY MEDIANS AND ROADSIDE AREAS
( 88). [S8 /100- 2007]: a) Direct staff to negotiate atwo -year agreement with
M ants Landscape Maintenance, Inc., of Santa Ana> to provide landscape
tenance services of City .medians and roadside areas; and b) bring back an
greement for approval at the November 13 City Council meeting.
8. PROFESSIONAL SERVICES'. AGREEMENT FOR CONTRACT
CONSULTING '& PLANNING SERVICES FOR. LOCAL COASTAL
PROGRAM AMENDMENT ADVOCACY (C- 3989). [381100 -2007] No action.
ALW— ELLANEOUS
10. CONTRACT FOR'ENVIRONMENTAL CONSULTING SERVICES - HOAG
HEALTH CENTER ENVIRONMENTAL IMPACT REPORT (EIR) (C- 3962).
[38 /100 -2007] Receive and file.
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City Council Minutes
October 23, 2007
11. HOUSING ELEMENT PROGRESS REPORT ADDENDUM. [100 -2007]
Review the Housing Element Progress Report Addendum and direct staff to forward
the addendum to the State Department of Housing and Community Development.
12. APPROVAL OF DEVELOPMENT PLAN AND SCHEDULE FOR STATE
WATER RESOURCES CONTROL BOARD SANITARY SEWER
MANAGEMENT PLAN. [100 -2007] Approve the Development Plan and Schedule
for the Sanitary Sewer Management Plan (SSMP) as required by the State of
California. .
13. ACCEPTANCE OF URBAN AREAS CURITY INITIATIVE (UASI)
TRAINING FUNDS. [100 -2007] a) pt UASI Grant training funds in the
amount of $32,190 to be utilized for sement training costs associated with
approved Department of Homel Sec ' (DHS) courses for emergency
personnel; and 2) approve a bpd t amen t (Q8BA -019) increasing revenue
estimates by $32;190 in A "t No. 1820 -48 UASI Grant, and increasing
expenditure appropriations $32,1p in Account 14- C1820973.
520. FISCAL YEAR
Receive and file.
(Item 9).
The motion carried by the
Ayes: Council Member. Henn,
Council Mem ebb. (
CIP
TE. [100 -2007]
to approv he Consent Calendar, except for the item removed
Mor Pro Tem Selich, Mayor Rosansky,
Daigle, cil Member Gardner
(C -3460) - CONSTRUCTION COMPLETION
file the construction completion report.
that he is avor of the water quality lab but he is concerned about the
int of dust, and containment of pathogens in the lab.
to receive and file the construction completion report.
by the following roll call vote:
Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
7, Council Member Webb, Council Member Daigle, Council Member Gardner
- None
XV. PUBLIC COMMENTS
Darrell Nolta expressed more concerns about the Back Bay Science Center and focused on the
County of Orange's failure to address the biofilm issues. He asked Council to address the County
Board of Supervisors to make Orange County a leader in environmental biofilm.
Jillian Wertheim spoke about United States Mayors Climate Protection Agreement which promises
to reduce carbon emissions. She requested that the City do small things like turning lights off in
buildings that aren't being occupied and using alternative fuel and energy sources. She provided
Council with a copy of the agreement.
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October 23, 2007
kX W
XVII.
XVIII.
Council Member Gardner reported that EQAC (Environmental Quality Affairs Committee) is
working through a sub - committee on a lot of the issues in the agreement.
Bob Rush indicated that the intent from community members at the October 17th meeting was to
_identify conflicts and not .to discredit the Mayor. He stated that the Mayor has had an interest in
a rehabilitation home in the past.
Mayor Rosanksy reiterated his comments from the Octobelfr 17th meeting in regard to his
involvement with group homes. rr
Council.Member Daigle reported that SCAG
working on the RTP (Regional Transportation
City Manager Bludau made an annow
adopted by the City. The committee
November 12th at the Newport Beac
more information please call the City h
14. PLANNING
rh rnia Association of Governments) is
the 1/1 (1st ion, 1st Marines) which was
i golf tourna to be held on Monday,
b with all procee mg to the families. For
or Dan Marcheano hes Restaurant).
OCTOBER 18, 2007. [100 -2007]
Planning Director Lepo orte the fo g items: Paul and Norma Fruchbom
residence (P A2007 -111); Jo LCM ow re ence (PA2007 -152); Newport Executive
Court (PA2006 -280); Local astal am tal Land Use Plan Amendment No. 2007-
003), and, Appeal (P 0 7).
In onse to ouncil Memb Daigle 's question, Planning Director Lepo stated that the
site nee uirement is the st 12 feet from the curb at Ebbtide to the first hedge, so
there's n e 30" heigh t.
In re se until Mem Webb's question, Planning Director Lepo stated that the
first 12 t isNth public right of way but in the front yard. The basis of the
modificati wae after reviewing the facts of the difficulties applicable to the
property, s oise from vehicles going up the hill, headlights shining in the
windows, an ca down the hill, the Commission approved the permit.
cil Me er Daigle stated that she would like to appeal Item No. 2 (Paul and Norma
bom r idence).
MNTI VE INESS
15. MCFADDEN SQUARE CENTENNIAL LEGACY PROJECT - APPROVAL OF
CONCEPT AND DESIGN; DECISION ON SCULPTURE CONTRACT (C- 3990).
[38/100,2007]
Kirwan Rockefeller provided a handout and asked Council to approve an agreement
with Mr. Hank Kaminsky to create a bronze sculpture and base to be installed at
.McFadden Square.
Bernie Svalstad reported that the fundraising committee for the McFadden Square project
raised $350,000 and spent $50,000 so far. The bid is expected to come in at about $570,000
with no cost to the City. He reviewed the timeline and requested that Council approve Item
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.O._
A in the staff report.
In response to Mayor Pro Tem Selich's question, City Manager Bludau stated that the final
design of the statue will be brought back to Council for approval.
Council Member Daigle stated that the account number used for the project should be
connected to the agreement. The appropriate account for the donations is 0129 -5887, which
has a current balance of $309,981.
In response to Council Member Henn's question, Mr. efeller stated that the timeline is
fairly tight and it is important to approve the agree t to continue the project.
Council Member Henn clarified that Coun e ask staff to revise the contract as
needed. The revision will make it clear t fir 10,000 payment is to be used for a
mock up and research to provide Coun iuffiei information to approve the final
agreement. The City will not be obli d beyond that 000 until approval is granted
by Council. A
Mr. Svalstad stated that he' i
Harp to discuss the changes' in .th
felt that the contract would not need
allow what Council Member Henn ref
City Attorney Clauson r6Ao m
approval of the clay model efore t
of $10,000 will be for rese h and
the Proiect.Abnager be
that
the
t Manager Bludau an ssistant City Attorney
tract. He stated that Assist nt City Attorney Harp
e changed because it includes adequate wording to
that C cil identify the person or entity to make
t $30,0 stallment is made. The first payment
o e model. She also recommended that
m the lic Works Department to coordinate the
:ted date of completion be verified with the artist and
onv. Cuncil to a) approve McFadden Square Centennial Legacy
Pro'ect de i ture con t with selected artist/sculptor Hank Kaminsky of "The
cul " in Faye kansas, for a bronze sculpture and base and authorizing
the Ci ana to make con act changes, if needed, that do not affect the contractual
price an thorizthe Mayor to sign the contract for $110,000, with contract amendments
as noted by , 'ty Attoy Clauson.
The motion carried by the following roll call vote:
Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
7, Council Member Webb, Council Member Daigle, Council Member Gardner
16. JUSTICE ASSISTANCE GRANT. [100 -20071
City Manager Bludau provided the background of the grant and stated that there is $6403
left on the Justice Assistance Grant.
Motion by Council Member Daimle to accept funding for the Crime Prevention Program
under the provisions of the United States Department of Justice, Justice Assistance Grant
2007 -DJ -BX -0523.
The motion carried by the following roll call vote:
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October 23, 2007
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
17. OASIS SENIOR CENTER DESIGN DEVELOPMENT, CONSTRUCTION
DOCUMENTS, BIDDING. AND CONSTRUCTION ADMINISTRATION - APPROVAL
OF A PROFESSIONAL SERVICES AGREEMENT WITH ROBERT R. COFFEE,
ARCHITECT +ASSOCIATES (C- 3888). [38 /100 -2007]
Public Works Director Badum reported-that the
with the OASIS Senior Center.
Council Member Selich stated that the
various services.
the next step in moving forward
a large amount because it includes
Motion by Council Member Curry to )pprove a essional Services Agreement with
Robert R. Coffee, •Architect + Associate r a
.$1,496,600, and authorize .the May ..and City
approve a budget amendment ( A -020 pp
unappropriated surplus fund ba ce to }t, unt
The motion carried by the following r vote:
rchitectura rvices at a not to exceed price of
Clerk to cute the agreement; and b)
ropriating $1, ,600 from General Fund
7453- C4410761.
Ayes: Council Member
Rosansky, Counci
18. BACK BAY VIEW
OF LANDSCAPE
The
LETTER
[100 -2007]
by the
Council ber Curry, Mayor Pro Tern Selich, Mayor
f Webb, Co ' , Member Daigle, Council Member Gardner
ND ENHANCEMENT - APPROVAL
APPROVAL OF PROFESSIONAL
[88/100 -2007]
this matter indefinitely.
roll call vote:
Member Curry, Mayor Pro Tern Selich, Mayor
Council Member Daigle, Council Member Gardner
&N WATER DISTRICT REQUESTING DELAY IN
AT THE DIEMER WATER TREATMENT PLANT..
ity Manag Bludau reported that 25% of the City water is provided by Metropolitan
r Distr' t wha wish to add .fluoridation to the water. He reported that Council Member
Ga r co posed a letter requesting a 60. day time period delay for Council to review the
issue ave been raised by the public_ Information about fluoridation will be provided
on the v's website.
Council Member Gardner indicated that she asked for the delay to give Council time to get
information and to address issues of concerned residents.
Dolores Otting provided a handout and expressed her concerns about flouridation.
Larry Porter showed toothpaste warnings and displayed a material safety data sheet to
show the health hazards.
Rick Weiss, Hoag physician, spoke against flouridation and said that he feels the City will
be forcing medication without the informed consent of the residents, which violates
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City of Newport Beach
City Council Minutes
October 23, 2007
individual rights.
Blythe Fair spoke. against flouridation because of the safety issues.
Chris Sullivan provided Council with a letter requesting that the Metropolitan Water
District provide the City with a chronic toxological study on hydrofluosilicic acid and obtain
a statement from MOSAIC (chemical'supplier), stating that the acid is effective and safe for
all ages.
Foe Kutler expressed, sroncern about the.' amount of t' it takes to show negative effects
from fluoride.
Jerry Fair urged Council to question. the M politan Water District about who will
benefit financially. He questioned if the the ' Is uoride are cumulative in the body.
Christine Carr asked Council.what stems ey are to provide the .community with
information on how the issue is going a handled.
Darrell Nolta, Westminster re 'ant, expressed his concer bout flouridation in the
drinking water on behalf of visi t City.
Kim Couch questioned if Council care out the fluoride issue.
Council Member Daigl rted that no' blic health official was present at the Study
Session on the issue to h make an rmed decision.
Motion b
Cur ry horiz4jRaff to send letter to Metropolitan Water
District requesting delay o fluori on at the Diemer Water Treatment Plant
curre ntly ed to comm ce ovember 2007.
Co Mem Curry expl d that the decision to put flouride in the water is not a
d of t Newport Bea City Council. The City purchases water from the
Metropo n. District; wh as directed in 1995 by State Legislature to fluoridate the
Coun ' In enn supported the motion and indicated that Council does not have a lot
of discre in_ atter. He encouraged residents to lobby at the State level to change
the manda f the politan Water District regarding the fluoridation of water.
The motion ed by the following roll call vote:
es: Coun Member Henn, Council, Member Curry, Mayor Pro Tem Selich, Mayor
Ros ky, Council Member Webb, Council Member Daigle, Council Member Gardner
XK.. MOTION FO IVONSIDERATION — None .
XXI. . ADJOURNMENT - In memory of Art Gronsky:and Joey Bishop at 8:42 p.m. to 7:00 p.m,
October 30, 2007.
Recording Secretary
Volume 58 - Page 811
City of Newport Beach
City Council Minutes
October 23, 2007
Mayor
Volume 58 - Page 812
CITY OF NEWPORT BEACH
City Council Minutes
Adjourned Regular Meeting
Joint Meeting with the Planning Commission
October 30, 2007 — 7:00 p.m.
I.
II.
III.
Lul
RECONVENED AT 7:O0.P.M.
ROLL CALL
Present: Council Member Henn, Council Member Cu
Council Member Webb; Council Member
Commission Chair Hawkins, Planning
Commissioner Toerge, Planning Commissi
Commissioner McDaniel, Planning Commiss
PLEDGE OF ALLEGIANCE - Mayor Pro Tern Selich
yQ,r Pro Tem Selich, or Rosansky,
ouneil Member Ga r, Planning
pion Vice Chair Peotter, Planning
Planning Commissioner Cole, Planning
City Attorney Clauson announced that a m from Code cement needs to be added to the
agenda to be discussed in Closed Session C §54956.9 She stated that the item came
forward after the agenda was posted and ey wo ssing whether to initiate litigation
against one or more group home business in vio on o moratorium. She explained the
procedure for adding the item to the agenda.
Motion by Mavor ILo ns add a new ite the agenda from Code Enforcement to be discussed
in Closed Session pusuan7 GC 54956.9(c) to ss whether to initiate litigation against one or more
group home businesses ' violati n of the
The motion carried b folio c
Ayes ;-Council Member He until Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council
Men cil ber Daigle, Council Member Gardner
Council ssed to Clo Session 7:05 p.m. and reconvened the meeting at 7:17 p.m. with all
mem s of Council in at ance.
M ansky reported t t, during Closed Session, the City Council unanimously voted to authorize
Richar atson & Gers to pursue legal action on the City's behalf up to and including litigation
against a tity or per n that has shown to .or allegedly has opened or established a new group
residential us t is tr sitory in nature in violation of the current moratorium on such uses.
CURRENT BUSI
1. PRESENTATION BY THE IRVINE COMPANY ON PROPOSED PLANNED
COMMUNITY REGULATIONS, TRANSFER OF DEVELOPMENT RIGHTS, AND
DEVELOPMENT AGREEMENT FOR NEWPORT CENTER AND FASHION ISLAND.
Mayor Rosansky provided a background on the issue and the negotiations that have occurred
with The Irvine Company (TIC).
Dan Miller, Senior Vice President of Entitlement and Public Affairs for The Irvine Company,
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City of Newport Beach
City Council Minutes
October 30, 2007
stated that the vision for Newport Center includes residential, office, and retail uses, and a City
Hall location.
Rob Elliott, Group Senior Vice President of Urban Planning and Design for The Irvine
Company, reviewed the planning history, evolution of Newport Center, codification of planning
framework, and architectural and landscape guidelines. He reviewed the Circulation Element,
including pedestrian connections, and displayed how each block wjS have its own urban
structure. He assured everyone that any new building has to respoAd to existing conditions.
He discussed synergistic land uses and addressed the current vic uses. He noted that
Newport Center is also a community gathering place.
Dan Miller reviewed the history of the General Plan
October 2007 they have been working on negotiating
agreement. He reviewed TIC'S plans and discussed
bring zoning into compliance with the General Plan.
agreement negotiations which recognizes Zexistin and TIC, and noted that they have to be General Plan allows residential uses, whicnew City Hall could be in block 500. H Fashion Island. He reviewed the terms of t
la nd d that, from May 2007 to
and pro s for the development
they are wo with City staff to
reviewed the scop the development
tual relationships een the City
ith Measure S. He re rted that the
have in block 600, and noted that the
this allows for additional tenants at
at agreement and the next steps.
In response to Council Member Webb's questiNY
g the $4.7 million in road
improvements and right-of-way d 'cation in NewpMr. Miller indicated that TIC
will convey the OCTA parcel or Ii cel to th City decided not to build the
new City Hall at the 500 block site; wev . t for the current site.
City Attorney Clauson explained th Coun ' can cho to waive information received in
Closed Session. Mayor Pro Tern Seli re ed that the current site received an appraised
value of $145 /square f t (st) for a 5 sf building; however, square footage may change
based on design.
In response to until ember Daigle 's stion regarding the Colony Apartments, Mr. Miller
stated that t al is have mixed uses people stay out of their cars.
Planning Commi Eaton no a the development agreement and other issues will be
coming the Commission on November 15 and asked if it will require an
ad Gene Ian, why the tier process that the General Plan contemplated is not
g proposed, whe ere will be any enhanced design standards.
In response to Pla g Chairman Hawkins' questions, Mr. Miller explained that the CIOSA
and Bonita Canyo development agreements included obligations for open space, roadway
Vnts. he nits. Canyon Sports Park, and widening of roads, and noted that TIC has
dication requirements. He reported that there is no need for the two
ding the City Hall option by the Central Library, he ind icated that this is
development agreement and TIC will cooperate with Council and the
reported that there is $2.2 million left in CIOSA that is being carried over.
lauson noted that, if the CIOSA agreement is eliminated, that will be one
document that doesn't need to be amended if the final decision is to place City Hall on the park
site.
Regarding placing residential units in the 600 block, Mr. Miller indicated that the General Plan
Affordable Housing Plan will be brought before the Planning Commission and Council.
Evelyn Hart, President of Friends of OASIS and co -chair of the OASIS Senior Center Building
Fund Committee, stated that she is excited about the $5 million from fundraising. Mayor
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City Council Minutes
October 30, 2007
Rosansky clarified that the $11 million park fee will come from units TIC intends to build and
that half of that will be allocated to the OASIS Senior Center as a matching grant. He
emphasized that the community is expected to raise the other half.
Jan Vandersloot supported the option to place City Hall in the 500 block of Newport Center
since it fulfills the residents' wishes to have a centrally located City Hall, traffic will be handled
better, it will be cheaper to build since no grading is needed, and the lojition will not require a
Measure S vote. He believed that Council and TIC should abide by dEprevious commitments
to have open space above the library.
Dick Nichols believed that building the 430 residential units p Newport Center at build -out.
Mr. Miller reported that they are not asking for any addi ' a e footage and indicated
that they plan to build the residential units that we pproved the voters in the new
General Plan. Further, they are aware how much t can build to full build out. He
reported that, of the 278,000 sf of unbuilt office sp TIC will be cone 72,000 sf for the
new City Hall in the 500 block. He noted that the ave t generated the pl et.
In response to Ron Hendrickson questio May Rosansky explained that the 276,000
sf entitlement transfer from block 600 to b 50 'll be done on a traffic - neutral basis. He
indicated that, of the 276,000 sf, TIC is offe ' sell 72,000 sf to the City for City Hall. He
noted that a parking structure will also be built. a clarified that the land value of $1451af
estimate includes full entitlement. Council Member added that the 72,000 sf will remain
with TIC if the City decides not to WWd in the 500 block.
Dolores Otting addressed the appra
raised by Commissioner Eaton. She
mitigated negative declaration so pe
will pay per square foot compared
initiative. Mayor Rosa ky emphas
today's meeting is o give the
Lennar paid abo 63, 0/unit.
7ne� the time me is, and addressed the issues
of be doing a supplemental ER or
to 1 at hiShe aked how much TIC
d believed that this is a way aro und the
tiations have not been completed and that
more exposure to the project. He indicated that
Nancy Skinn stated at she is surpristo hear that hotel rooms and retail space will be
transferred in ce a doesn't produce the same as hotel rooms. She
hoped that the $ of or a will be given up front and not at the end.
for the proposed plan.
Cob Caustin, De the B xpressed hope that the amounts TIC will pay have been set in
stone and believe at this r quest gives them entitlement. He noted that nothing has been
discussed about to g care of water quality, especially within Newport Center since water
wins into the Bay He questioned the idea of the project being traffic - neutral.
;ad dressed issues with the initiative and believed that everything Ms. Otting
the fame argument for not putting City Hall on the park site.
Mayor Rosivy reported that, if the City enters into the development agreement as drafted
today, the f m of acquisition for the parcel would be an option to purchase the property.
Further, there will be no requirement for the City to purchase the property at the price that
was agreed to. He clarified that the $27 million can be used for a City Hall anywhere in the
City.. Mayor Pro Tem Selich added that they have attempted to negotiate it irrespective of the
vote in February.
In response to Commissioner Toerge's questions, Mayor Rosansky noted that the project will
include a Planned Community (PC) Text, ordinances, and a development agreement, which will
be reviewed by the Planning Commission. City Attorney Clauson reported that the PC Text is
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City of Newport Beach
City Council Minutes
October 30, 2007
intended to reflect the goals and policies that were drafted in the General Plan. The Planning
Commission will review this to see if.there is enough control over the development without
knowing exactly how the project will look. Regarding the development, the Commission would
make a recommendation to Council whether to approve the project or not. She stated that
Council determines the benefits derived from the project in exchange for the development
agreement, but the Commission will look at the development agreeme t as an overall public
benefit in exchange for the development rights. Assistant City MajLger Wood added that
urban design regulations will accompany the PC Text and th an Affordable Housing
Implementation Plan will also be included.
Council Member Curry congratulated Mayor Rosansky yor Pro Tem Selich for
negotiating the agreement which includes more than $43 ]lion ands for public facilities
and $41 million that will pay the long term financing c that the y would have incurred
without the development agreement fees from the pr ' He emphasi at funding will be
available for the OASIS Senior Center. He noted t t TIC does not inten build any more
hotels and believed that this project can be used a factor on City
Council Member Daigle thanked the Planni om sion for being in attendance. She noted
that Land Use Policy 2.3 states that the trive for a range of residential choices in
Newport Center.
V. PUBLIC COMMENTS,
Dolores Otting distributed documents rela
Dick Nichols addressed fluoridation issues.
Bernie Svalstad, McFadden Square Legacy
will be coming before Council in about a mor
VI. ADJOURNMENT - 9Courn
The agenda for the Lloc!a:ted
on the City Hall B
Building.
City Clerk
Project, reported that the construction project
was posted on October 24, 2007, at 2:40 p.m.
of the City of Newport Beach Administration
Recording Secretary
Mayor
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