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HomeMy WebLinkAbout11/27/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 27, 2007 — 7:00 p.m. I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - 5:18 p.m. III. RECESS IV. RECONVENED AT 7:00 P.M. FOR RECQ. ULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Curry, Mayor Pro Tem. Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner VI. CLOSED SESSION REPORT City Attorney Clauson reported that the City Council authorized the City Attorney's office to work with the Revenue Division and the Law Firm of Mesel, Boucher & Larson LLP to pursue administrative proceedings and litigation, if necessary, related to the collection of Transient Occupancy Tax (TOT) from online booking companies. VII. PLEDGE OF ALLEGIANCE - Council Member Curry VIII. INVOCATION - Reverend Dr. Dennis Short, President of the Newport -Mesa- Irvine Interfaith Council ® Presentation by The Irvine Company Regarding the Pelican Hills Golf Course and Resort - Dan Miller and Ralph Grippo utilized a PowerPoint presentation and discussed the amenities that are available or soon will be available and announced that the grand opening will be in December 2008. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Regarding Council 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 Volume 58 - Page 880 City of Newport Beach 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 Session will be dedicated to discussing the new group home residential use ordinance that will be presented to Council in January. Mayor Rosansky announced that Council has received a request by the applicant to continue the Panini Cafe Appeal (Item 12) until March 25, 2008. He stated that the appellant, Council Member Gardner, has consented to the continuance. Dennis O'Neil, representative for Panini Cafe, indicated that they are requesting the continuance to review the valet parking program and make improvements so the project is better received by the community and Council. City Attorney Clauson announced that the meeting will be noticed as a new Public Hearing. MI. CONSENT CALENDAR A. READING OF MINUTES/ORDINAIVCES AND RESOLUTIONS 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. B. RESOLUTION FOR ADOPTION 3. RESOLUTION LIMITING PARKING TO TWO -HOURS ALONG THE SOUTH SIDE OF CLIFF DRIVE EXCLUDING THE FRONTAGES OF 2907, 2911, 2915 AND 2919 CLIFF DRIVE. [100 -20071 a) Rescind Resolution No. 2001 -88; and b) adopt Resolution No. 2007 -72 limiting parking to two -hours from 8:00 a.m. to 4:00 p.m., Monday through Saturday, on the south side of Cliff Drive from the westerly limit of Cliff Drive Park to San Bernardino Avenue excluding the frontages of 2907, 2911, 2915 and 2919 Cliff Drive. C. CONTRACTS AND AGREEMENTS. 4. PROFESSIONAL SERVICES AGREEMENT WITH OIL WELL SERVICE COMPANY FOR OIL WELL REPAIR SERVICES (C- 4002). 1381100-20071 Approve Professional Services Agreement with Oil Well Service Company for on- call repair services for oil well pumping units and authorize the Mayor and the City Clerk to execute the Agreement. 5. OASIS SENIOR CENTER FUNDRAISING CONSULTANT AGREEMENT - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NETZEL ASSOCIATES, INC. (C- 8888). [381100-2007] 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 Volume 58 - Page 331 City of Newport Beach City Council Minutes November 27, 2007 PARK LIGHTING IMPROVEMENTS (C -8868) - REJECT ALL BIDS. [381100 -20071 Reject all bids. 7. NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS (C -3937) - REVISE CONTRACT VALUE FOR COMPLETION. 1381100 -20071 Accept the work with the revised contract value of $159,413.76. & COAST HIGHWAY MEDIANS - PHASE iB (C -3867) - COMPLETION AND ACCEPTANCE. [381100-20071 a) Accept the work; b) authorize the City Clerk to file a Notice of Completion; c) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one year after Council acceptance. 10. RESOURCE AND RECREATION MANAGEMENT PLAN (RRMP) FOR BUCK GULLY, CONTRACT WITH THE IRVINE RANCH CONSERVANCY (IRC) (C- 3905). 1381100 -20071 Authorize the Mayor to enter into a Professional Services Agreement with the Irvine Ranch Conservancy (IRC) to develop and implement an RRMP for Buck Gully, but amend the agreement so Council approves all amendments, new fiscal demands, fuel modification zones, and trail infrastructure, and refer to the Irvine Ranch Conservancy as the Historic Irvine Ranch. D. MISCELLANEOUS 11. CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES - HYATT REGENCY ENVIRONMENTAL IMPACT REPORT (EIR). [100 -20071 Receive and file_ Motion by Mayor Pro Tom Selich to approve the Consent Calendar, except for the items removed (1 & 9), and noting the amendment to Item 10. 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 XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF NOVEMBER 13, 2007. 1100 -20071 Dolores Otting took issue that Special Counsel Markman's announcement was made during Council Announcements which didn't give the public the opportunity to provide input. She believed that this was a violation of the Brown Act since the issue was not agendized. City Attorney Clauson indicated that she does not believe it was a Brown Act violation. Motion by Council Member Webb 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 Volume 58 - Page 332 City of Newport Beach City Council Minutes November 27, 2007 9. MCFADDEN SQUARE CENTENNIAL MONUMENT (C -3981) - AWARD OF CONTRACT. [381100 -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 Council -Member Gardner to a) approve the plans and specifications; b) award C -3981 to Hillcrest Contracting, Inc. for the total bid price of $369,582.75 and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $37,000 (105/6) to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -026) in the amount of $235,500 from unappropriated General Fund Reserve to Account No. 7015- C8002005. 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 XIV. PUBLIC HEARINGS 12. PANINI CAFA APPEAL, 2421 E. COAST HIGHWAY (PA2007 -063) - USE PERMIT NO. 2007 -010 TO OPERATE A 8,820 SQUARE FOOT (SF), FULL-SERVICE, HIGH TURNOVER EATING AND DRINKING ESTABLISHMENT WITH A NET PUBLIC AREA OF 640 SF, AND TO ALLOW ALCOHOL BEVERAGE SERVICE OF BEER AND WINE WITH A TYPE "41" ABC LICENSE; ACCESSORY OUTDOOR DINING PERMIT NO. 2007 -006 TO'ALLOW THE CONSTRUCTION AND OPERATION OF A 160 SF OUTDOOR DINING AREA IN CONJUNCTION WITH THE PROPOSED FULL-SERVICE RESTAURANT; AND OFF SITE PARKING AGREEMENT NO 2007 -001 TO SATISFY THE OFF -STREET PARKING REQUIREMENT FOR THE PROPOSED RESTAURANT UTILIZING THE OFFSITE PROPERTY LOCATED AT 7 CORPORATE PLAZA. [100 -20071 Motion by Council Member Webb to continue the appeal to March 25, 2008. 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 13. ADOPTION OF THE 2007 CALIFORNIA FIRE CODE (TITLE 24, PART 9) AND THE 2006 INTERNATIONAL FIRE CODE WITH AMENDMENTS AS PART OF THE NEWPORT BEACH MUNICIPAL CODE. [100 -20071 In response to Council Member Gardner's questions, Fire Marshal Bunting explained the reasons for having the beach camp and recreational fire provisions, the difference between speed bumps and speed humps, and the recommendation to use the City's traffic calming measures on private streets. Mayor Rosansky opened the public hearing. Hearing no testimony, he closed the public hearing. Volume 58 - Page 383 City of Newport Beach City Council Minutes November 27, 2007 Motion by-.Council Member Daigle 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 Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner 14. ADOPTION OF THE 2007 CALIFORNIA BUILDING CODES. 1100 -20071 Mayor Rosansky announced that the 2007 California Building Code was discussed during the Study Session. Mayor Rosansky opened the public hearing. Hearing no testimony, he closed the public hearing. Notion by._Council _Member Webb .to introduce Ordinance No. 2007 -19 for local amendments, 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 Pro Tern Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner XV. PUBLIC COMMENTS Darleen Kuhlmann objected to the number of rehabilitation homes on the Peninsula and surrounding her home, and took issue with Mayor Rosansky's connection with 214 Cedar Street. Referencing the November 13 Study Session, Larry Porter believed that the child did not get tooth decay because he didn't receive fluoridated water. He highlighted fluoride warnings from toothpaste boxes, Poison Control, and the American Pediatrics Association, and took issue with the City's website on the subject. Mr. Porter believed that the Fashion Island development is moving ahead quickly and questioned where the water for the project will be coming from. Council Member Gardner indicated that the Utilities Department is doing more research, including questions related to dermal absorption, and then will update the webpage. Bob Rush believed that Special Counsel Markman's comments violated the Brown Act and took issue with Mayor Rosansky's connection with 214 Cedar Street. He stated that he will be filing a complaint with the Fair Political Practices Commission (FPPC) and pursue all of his legal options. Council Member Gardner clarified that Council directed Richards, Watson & Gershon (RWG) to look at every Council 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 complaints /information 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 Volume 58 - Page 334 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 suspending 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 Control (CDC) that supports community fluoridation of water. Dick Nichols stated that the Environmental Protection Agency (EPA) supports removing fluoride from water. He expressed concern that water isn't primarily used for consumption and that it has to be medicated and processed before used by humans. He noted that reverse osmosis does not remove fluoride and that the trend worldwide is not to have fluoridated water. Chris Sullivan discussed reverse osmosis and activated alumina methods to remove fluoride from water and asked if the City is at least going to provide assistance with testing the water.. She believed that the City should lead the effort to stop fluoridation of water through the legislature. Blythe Fair believed that no one can measure how much fluoride people are getting, fluoride is a medicine so people need a prescription to get it, and it could affect the ocean. She noted that some religions prohibit taking any medicine, like fluoride. Ms. Fair reported that there are no trash cans at bus stops. Larry Tucker reported that The Irvine Company's plans for Newport Center are consistent with and included in the new General Plan, and that the proposal came from the citizens advisory committee, not The Irvine Company. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES - None XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 15. PLANNING COMMISSION AGENDA FOR NOVEMBER 15, 2007. 1100 -20071 Planning Director Lepo reported on the following items: Hoag Health Center (PA2007- 013) - 500 -540 Superior Avenue; West Santa Ana Heights (PA2007 -209); North Newport Center Planned Community (PA2007 -151) - Fashion Island; and Arches Grill - 508 29th Street. XVIII. CONTINUED BUSINESS - None XDf. CURRENT BUSINESS 16. PROPOSED ASSESSMENT DISTRICT NO. 92 - AREA GENERALLY BOUNDED BY RIVERSIDE AVENUE, CLIFF DRIVE, TUSTIN AVENUE, AND WEST COAST HIGHWAY - FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT. 1891100 -20071 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. Volume 58 - Page 335 City of Newport Beach City Council Minutes November 27, 2007 Motion Av..Councii . 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 District; (3) Resolution No. 2007 -75 giving preliminary approval to the report of the Assessment Engineer for Assessment District No. 92, setting a time and place for a public hearing as January 22, 2008; and ordering the intention of assessment ballot procedures; and (4) Resolution No. 2007 -76 approving utility improvement contracts for utility improvements for Assessment District No. 92; and b) approve the Bond Counsel Agreement with Robert Hessell and authorize the Mayor and City Clerk to execute the agreement. Mayor Rosansky reported that the exclusion of the Underground Utility Assessment District Income Tax Component of Contribution (ITCC) was discussed at the Study Session and, based on the advice of legal counsel, the City has decided to remove the ITCC from the contract. 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 XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - 8:17 p.m The agenda for the Regular Meeting was posted on November 21, 2007, at 2:45 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 9L V. rs Recording Secretary Mayor avvap� �°ub. City Clerk 1/FORN�� Volume 58 - Page 336