HomeMy WebLinkAbout01 - Minutes - 11-27-2007Agenda Item #1
December 11, 2007
CITY OF NEWPORT BEACH
City Council Minutes
City Council Study Session
November 27, 2007 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Henn, Council Member
Council Member Webb, Council Member ]
II. CURRENT BUSINESS
1.
2.
3.
CLARIFICATION OF ITEMS
OVERVIEW OF BUILDING
Pro Tem Selich, Mayor Rosansky,
Member Gardner
- None
Building Director'Elbettar utilized a erPoint presentation explaining the new building,
electrical, mechanical, lumbing an erg code adoptions. He spoke about the
history, process of ado Tste tructural s s, amendments, impact and differences in
the requirements. He the cur code for California is the 2001 California
Building Code which is 997 Buil a with California amendments.
In response,.k City
In reap-d1hp to
001M q ,Building Director Elbettar stated that
Kcal go en's must be more restrictive than the
to be justified by expressed findings and filed with the
that the new code will be in effect in January 2008 and
n plan check or permitted.
Member Daigle's question, Building Director Elbettar stated that
is will be a big challenge with the new code.
In response to Coun! concerns, Building Director Elbettar stated that the building
department douts will be updated with new requirements and preliminary reviews will
conducts agree on the approach before a design development is started. The approach
e deli development could be suggested by staff or the architect as long as it meets
e m ce and there is have backup information to clarify the development. He
indica t workshops for contractors and architects will be conducted and they have
been n ed that there is a change coming. He noted that staff has had training through
the California Building officials with more training coming at the end of this year.
In response to Council questions, Building Director Elbettar stated that the plan review
staff is not sufficient in number so outside consultants are hired. The timing of projects will
be affected but the same level of service will need to be maintained. More restrictive
standards for the Fire Code will be effective in July 2008.
UNDERGROUND UTILITY ASSESSMENT DISTRICT INCOME TAX COMPONENT
OF CONTRIBUTION (ITCC) EXCLUSION.
Senior Civil Engineer lee utilized a PowerPoint which included the purpose, issues,
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City of Newport Beach
Study Session Minutes
November 27, 2007
arguments in favor, arguments against, and the analysis of the tax.
In response to Council Member Curry's question, Assistant City Attorney Harp stated .there
is not enough time before the next Assessment District to get an opionion from the
IRS. There is a notice that came out that supports the theory that the tax is a public
benefit.
In response to Council Member Henn's question, Bob Hassel stated that the private letter
ruling is for large assessment districts and the cost is $ 0,000. The letter can take about a
year and a half and each assessment is handleZie case by case basis. The risk of
removing the tax is low and he is not aware of assment districts of this type being
defaulted by the IRS. The first notice on this iss ut in 1987 .
Assistant City Manager Bludau stated
approved on the federal or state level.
In response to Council concerns, As
been done and the code does not e
taxpayer. Public benefit and e
courts and he agreed that rem
In response to Mayor ansky's quest;
found that the taxes sh be taken,. a
Pete Anderson stated th he e
35% tax had a lot to do wit it failin .
F.
The agenda foifte Re
Bulletin Board lo &k
City Clerk
that the matter hasn't been
Qity Attorney indicated that research has
stitutes the coM&bution of the capital of the
or service is takenN consideration by the
is a low risk.
)r Civil Engineer Lee stated that if it is later
be re -placed on the properties.
District 99 and felt that the extra
to remove the tax.
Meeting wa osted on November 21, 2007; at 2:45 p.m. on.the City Hall
the City4f Newport Beach Administration Building.
Recording Secretary
Mayor
Volume 58 - Page 329
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
November 27, 2007 — 7:00 p.m
I. STUDY SESSION - 4:00 p.m.
H. CLOSED SESSION - 5:18 p.m
III. RECESS
IV. RECONVENED AT 7:00 P.M. l
V. ROLL CALL
Present: Council Member Henn, Council Member
Council Member Webb, Council Member
VI. CLOSED SESSION REPORT
City Attorney Clawson reported that the "ty
with the Revenue Division and the La Firm
administrative proceedings and litigation if ne
Occupancy Tax (TOT) from online beoking pZ
VII. PLEDGE OF ALLEG - Council
VIII. INVOCATION -
Interfaith Coun,
DL PRESENTATION
x
Efl
ides that are ax
December 2008.
Pro Tem Selich, Mayor Rosansky,
L Member Gardner
if City Attorney's office to work
her & Larson LLP to pursue
to the collection of Transient
Curry
Dr. Dennis Sjort, President of the Nesxport -Mesa- Irvine
Company Regarding the Pelican Hills Golf Course and
Grippo utilized a PowerPoint presentation and discussed the
or will be available and announced that the grand opening will
Regarding Counc?Member Gardner's request for an energy audit, City Manager Bludau indicated
that he will look into it and get back to Council.
Mayor Pro Tem Selich announced that Balboa Island will be bringing in snow on December 2 from
3:00 p:m. to 6:00 p.m. and hold the tree lighting ceremony at the Fire Station at 5:30 p.m. He also
announced that the Balboa Island Home Tour will be on December 9 from .11:00 a.m. to 4:00 p.m.
and tickets can be purchased from Marine Avenue merchants.
Mayor Rosansky announced that the Corona del Mar Christmas Walk will start at 11:00 a.m. on
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City Council Minutes
November 27, 2007
December 2.
Mayor Rosansky announced that the 19th Annual Winter Wonderland will be held on December 8
from 10:30 a.m. to 1:00 p.m. at Bonita Creek Park. He stated that Operation Christmas will also
be present to collect toys, DVDs, and cash donations for the troops; however, people can also bring
items to the City Clerk's office until December 21.
Mayor Rosansky announced that the entire December 11 Study Sessi will be dedicated to
discussing the new group home residential use ordinance that will beAresented to Council in
January.
Mayor Rosansky announced that Council has received a
Panini Cafe Appeal (Item 12) until March 25, 2008. He s'
Gardner, has consented to the continuance.
Dennis O'Neil, representative for Panini Cafe, i
to review the valet parking program and make
the community and Council. City Attorney Clat
a new Public Hearing.
XII. CONSENT CALENDAR
FNDAR
A. READING OF M
st t \8tin tinue the
t the a l Member
iey are rntinuance
so the pceived by
that the noticed as
2. READING O F ORDI RESOL NS. Waive reading in full of
all ordinances and resol 'ons un eratio and direct City Clerk to read
by title only.
B. SOLUTION FOR ADOPTION
3. RESOL LIMITIN PARKING TO TWO-HOURS ALONG THE
SOU SID OF CLIFF D EXCLUDING THE FRONTAGES OF 2907,
291 2915 2919
CL DRIVE. 1100 -20071 a) Rescind Resolution No.
88; an ) adopt Resoluti .No. 2007 -72 limiting parking to two -hours from
8:00 to ugh Saturday, on the south side of Cliff Drive
from sterl_y limit o Drive Park to San Bernardino Avenue excluding .
nta 2907, 2911, 2915 and
C.
4YAPprov PROFS ONAL SERVICES AGREEMENT WITH OIL WELL SERVICE
FOR OIL WELL REPAIR SERVICES (C- 4002). 1881100-20071
fessional Services Agreement with Oil Well Service Company for on-
ervices for oil well pumping units and authorize the Mayor and the
o execute the Agreement.
IOR CENTER FUNDRAISING CONSULTANT AGREEMENT -
L OF A PROFESSIONAL SERVICES AGREEMENT WITH
NETZEL ASSOCIATES, INC. (C- 3888). 1881100 -20071 Approve a Professional
Services Agreement with Netzel Associates, Inc. to assist the Friends of OASIS in
the capital fundraising program at a not to exceed price of $42,600, and authorize
the Mayor and City Clerk to execute the Agreement.
6. WESTCLIFF AREA STREETLIGHT, SAN MIGUEL AND BONITA CREEK
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City of Newport Beach
City Council Minutes
November 27, 2007
PARK LIGHTING IMPROVEMENTS (C -8868) - REJECT ALL BIDS.
188/100 -20071 Reject all bids.
7. NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS (C -3937) -
REVISE CONTRACT VALUE FOR COMPLETION. 1881100 -20071 Accept the
work with the revised contract value of $159,413.76.
8 COAST HIGHWAY MEDIANS - PHASE 1B (C -3867) -j0OMPLETION AND
ACCEPTANCE. 1881100 -20071 a) Accept the work; b thorize the City Clerk
to file a Notice of Completion; c) authorize the City Cl to release the Labor and
Materials bond 35 days after the Notice of Co on has been recorded in
accordance with applicable portions of the Civil e; d) release the Faithful
Performance Bond one year after Council a ce.
10. RESOURCE AND RECREATION MJPAGEMENT P Nto P) FOR
BUCK GULLY; CONTRACT WITH T DIVINE RANCRVANCY
(IRC) (C- 3905). 1881100 -20071 Ant ze yor to enteofessional
Services Agreement with the I Ra . Conservancy (Ivelop . and
implemen t an RRMP for Buck y ut amend the agreement so Council
approves all amendments, new fis ands, fuel modification zones, and trail
infrastructure, and refer to the Irvine ch Conservancy as the Historic Irvine
Ranch.
D. MISCELLANEOUS
11. CONTRACT FOR E ONME S NG SERVICES - HYATT
REGENCY ENVIRO NTAL P EPORT (EIR). 1100 -20071
Receive and file.
Motion by Pro to a ve the Consent Calendar, except for the items
removed (1 & 9), and no t amendment tem 10.
The motion carriec the foll ing roll call vo
Ayes: Council Membe a Curry, Mayor Pro Tem Selich, Mayor Rosansky,
Council Member Council Member aigle, Council Member Gardner
XIII. I EMS OM CONSENT CALENDAR
1. MINUTES O THE ECIAL MEETING AND REGULAR MEETING OF
NOVEMBER 1 2007. 11 0 -20071
Dolores Otting k issue that Special Counsel Markman's announcement was made
Council ouncements which didn't give the public the opportunity to provide
in She be ved that this was a violation of the Brown Act since the issue was not
agen d. C' Attorney Clauson indicated that she does not believe it was a Brown Act
to waive reading of subject minutes, approve as
written, and order filed.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
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City of Newport Beach
City Council Minutes
November 27, 2007
9. MCFADDEN SQUARE CENTENNIAL MONUMENT (C -3981) - AWARD OF
CONTRACT. 1881100 -20071
In response to Council Member Gardner's question, Council Member Henn indicated that
fundraising has not peaked, some people are waiting for Council to approve the contract
before donating, and there will still be opportunities to donate even after construction.
Motion by I Council. Member Gardner to a) approve the plan and specifications; b)
award C -3981 to Hillcrest Contracting, Inc. for the total bid ce of $369,582.75 and
authorize the Mayor and the City Clerk to execute the contr c) establish an amount of
$37,000 (10 %) to cover the cost of unforeseen work; and d ove a budget amendment
(08BA -026) in the amount of $235,500 from unapprop to eral Fund Reserve to
Account No. 7015- C8002005.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council
Rosansky, Council Member Webb,
Wilk I i
12. PANINI CAFP APPEAL, 2421
NO. 2007 -010 TO OPERATE
TURNOVER EATING AND IA
AREA OF 640 WAND TO
AND WINE WITH A TYPE "41
PERMIT NO. 2007 -006 TO AL.
A 160 SF OUTDOOR DINING
FULL-SERVICE RESTAURAP
2007 -001 TO SA THE O
PROPOSED T THE
L
AT 7 CORP TE LAZA. /1
Mayor Pro Tem SWch, Mayor
Daigle, Council Member Gardner
E. COAST HOWAY (PA2007 -063) - USE PERMIT
3,820 SQUARE T (SF), FULL-SERVICE, HIGH
NG ESTABLI NT WITH A NET PUBLIC
HOL BE GE SERVICE OF BEER
C L CCE�SORY OUTDOOR DINING
W THE ION AND OPERATION OF
EA I CONJUNCTION WITH THE PROPOSED
IT; OFF SITE PARKING AGREEMENT NO
FF EET PARKING REQUIREMENT FOR THE
TI NG THE OFF -SITE PROPERTY LOCATED
the appeal to March 25, 2008.
The motion carr-iWjy the following roll call vote:
Council Member Curry, Mayor Pro Tem Selich, Mayor
:r Webb, Council Member Daigle, Council Member Gardner
ADOPTION O THE 200- CALIFORNIA FIRE CODE (TITLE 24, PART 9) AND
THE 2006 I RNATIONAL FIRE CODE WITH AMENDMENTS AS PART OF
HE NEWPORIF BEACH MUNICIPAL CODE. 1100 -20071
I onse to until Member Gardner's questions, Fire Marshal Bunting explained the
rea or the beach camp and recreational fire provisions, the difference between
speed b and speed humps, and the recommendation to use the City's traffic calming
private streets.
Mayor Rosansky opened the public hearing. Hearing no testimony, he closed the public
hearing.
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City of Newport Beach
City Council Minutes
November 27, 2007
XV.
Motion by Council Member Daiele to introduce Ordinance No. 2007 -18 amending Title
9 of the NBMC to adopt the 2007 California Fire Code (Title 24, .Part 9 of the California
Code of Regulations) and local amendments, and the 2006 International Fire Code, and
pass to second reading on December 11, 2007.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor P Tem Selich,. Mayor
Rosansky, Council Member Webb, Council Member Daigle until Member Gardner
14. ADOPTION OF THE 2007 CALIFORNIA BUILDING C S. 1100 -20071
Mayor Rosansky announced that the 2007 California ding was discussed during
the Study Session.
Mayor Rosansky opened the public hearing. H no testimony, he the public
hearing.
Motion by Council Member Webb int ce Ordinance. No. 2007 -19 for local
amendments, and pass to second reading mber 11, 2007.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, . cil Member C ayor Pro Tem Selich, Mayor
Rosansky, Council Membe cil Member e, Council Member Gardner
PUHLIC COMMENTS
Darleen Kuhlmann objected to the num o habilitation homes on the Peninsula and
surrounding her home, and k issue with Rosansky 's connection with 214 Cedar Street.
Referencing the Nove r 13 tudy Session, Porter believed that the child did not get tooth
decay because he It re ive fluoridated ater. He highlighted fluoride warnings from
toothpaste boxes, on Con 1, and the Amen n Pediatrics Association, and took issue with the
City's website on t e ect
Mr. Porter b that ashion Island development is moving ahead quickly and questioned
where th proje be coming from.
Co Member Gar r in ' that the Utilities Department is doing more research, .
ding questions rela to denn absorption, and then will update the webpage.
believed that ecial Counsel Markman's comments violated the Brown Act and took
issue Mayor Ros y's connection with 214 Cedar Street. He stated that he will be filing a
complain the F . olitical Practices Commission (FPPC) and pursue all of his legal options.
Council Mem er clarified that Council directed Richards, Watson & Gershon (RWG) to
look at every Co Member for any possible conflict of interest.
Mayor Rosansky stated that the RWG letter indicates that he does not have a conflict of interest,
this issue has been looked at by three sets of attorneys, and anyone can mail their
complaintstinformation to the FPPC or the Orange County District Attorney's office. He noted that
the RWG letter can be obtained from him or Assistant City Manager Kiff.
Ken Kuhlmann stated that he has seen vans pick up and drop off people at 214 Cedar Street, not
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City of Newport Beach
City Council Minutes
November 27, 2007
within the last two months, but six months prior to that.
Dolores Otting read a letter that included Dr. Nelson's comments on dermal absorption during the
November 13, 2007 Study Session and a records request. She took issue with the fluoride
pamphlet the City mailed to the residents and that Dr. Nelson did not present or discuss a letter
from the California Department of Public Health that recommends sus ending prescription
fluoride supplements for one year in areas served by the Metropolitan Water District (MWD).
Council Member Webb read a statement by the Center for Disease Co 1 (CDC) that supports
community fluoridation of water.
Dick Nichols stated that the Environmental Protection Agency A} removing fluoride
from water. He expressed.concern that water isn't primarily for con tion and that it has
to be medicated and processed before used by humans. H Abted that re osmosis does not
remove fluoride and that the trend worldwide is not to havuoridated water.
Chris Sullivan discussed reverse osmosis and activate
water and asked if the City is at least going to p
believed that the City should lead the effort to sto
Blythe Fair believed that no one can measure how m,
medicine so people need a prescription to get it, and it
religions prohibit taking any medicine, . e fluoride.
Ms. Fair reported that there are no trash
Larry Tucker reported that The Irvine As any s p
and included in the new General Plan that
committee, not The Irvine Company.
XVI.
. ORAL REPO]
XVII.
PLANNING C
15. PLAN
Planri
ZStreet.
XVIII.
INUED
XDL
CUXNT BI
16.
!a methods to remove oride from
tance with testing the water. She
of water through the legislature.
people are getting, fluoride is a
the ocean. She noted that some
pport Center are consistent with
came from the citizens advisory
- None
NOVEMBER 15, 2007. 1100 -80071
reported on the following items: Hoag Health Center (PA2007-
`Avenue; West Santa Ana Heights (PA2007 -209); North Newport
fty (PA2007 -151) - Fashion Island; and Arches Grill - 508 29th
- None
PRTWSEDJASSESSMENT DISTRICT NO. 92 - AREA GENERALLY BOUNDED
BY R E AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST
HIG - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN
UNDER OUND UTILITIES DISTRICT. [83/100 -80071
Senior Civil Engineer Lee reviewed the recommendations and reported that the public
hearing is scheduled for January 22, 2008, and that the contract for bond counsel is the
same contract that has been used previously. Council Member Webb indicated that there
is support for the Assessment District which includes the residences and Mariners Mile
Business Complex.
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City of Newport Beach
City Council Minutes
November 27, 2007
Motion bv_Council Member Webb to a) adopt (1) Resolution No. 2007 -73 receiving a
petition for, adopting a map showing the proposed boundaries of, and making
appointments for proposed Assessment District No. 92; (2) Resolution No. 2007 -74
declaring intention to order the construction of certain improvements in proposed
Assessment District No. 92; declaring the improvements to be of special benefit; describing
the District to be assessed to pay the costs and expenses thereof; providing for the issuance
of bonds; and designating the area an Underground Utilities Dis ; (3) Resolution No.
2007 -75 giving preliminary approval to the report of the ssment Engineer for
Assessment District No. 92, setting a time and place for a puW hearing as January 22,
2008; and ordering the intention of assessment ballot proce s; and (4) Resolution No.
2007 -76 approving utility improvement contracts for utili vements for Assessment
District No. 92; and b) approve the Bond Counsel men h Robert Hessell and
authorize the Mayor and City Clerk to execute the agr ent.
Mayor Rosansky reported that the exclusion
District Income Tax Component of Contributio
and, based on the advice of legal counsel, tbAfl
the contract.
The motion carried by the following roll
Ayes: Council Member Henn, Council Member
Rosansky, Council Membe' ebb, Council 1
30L MOTION FOR RECONSIDERATION
NM. ADJOURNMENT - 8:17 p.m
The agenda for the Regular Meeting
the City Hall Bullet' oard lo(
Administration I ' e.
City Clerk
Underground Assessment
vas discussed at th dy Session
decided to remove ITCC from
Mayor Pro Tem Selich, Mayor
Daigle, Council Member Gardner
fisted on November 21,. 2007, at 2:45 p.rrL on
outside of the City of Newport Beach
Recording Secretary
Mayor
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