HomeMy WebLinkAbout11/27/2007 - Study SessionCITY 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 Curry, Mayor Pro Tem Selich, Mayor Rosansky,
Council Member Webb, Council Member Daigle, Council Member Gardner
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None
2. OVERVIEW OF BUILDING CODE CHANGES.
Building Director Elbettar utilized a PowerPoint presentation explaining the new building,
electrical, mechanical, plumbing and energy code adoptions. He spoke about the
history, process of adoption, structural standards, amendments, impact and differences in
the requirements. He stated that the current code for California is the 2001 California
Building Code which is the 1997 Uniform Building Code with California amendments.
In response to City Manager Bludau's question, Building Director Elbettar stated that
adoption and amendments by local governments must be more restrictive than the
California Code and changes need to be justified by expressed findings and filed with the
Building Standards Commission.
Building Director Elbettar reported that the new code will he in effect in January 2008 and
does not apply to buildings already in plan check or permitted.
In response to Council Member Daigle's question, Building Director Elbettar stated that
nonconforming conditions will be a big challenge with the new code.
In response to Council concerns, Building Director Elbettar stated that the building
department handouts will be updated with new requirements and preliminary reviews will
be conducted to agree on the approach before a design development is started. The approach
to the design development could be suggested by staff or the architect as long as it meets
code compliance and there is have backup information to clarify the development. He
indicated that workshops for contractors and architects will be conducted and they have
been notified 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.
3. 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 Hessel stated that the private letter
ruling is for large assessment districts and the cost is $50,000. The letter can take about a
year and a half and each assessment is handled on a case by case basis. The risk of
removing the tax is low and he is not aware of any assessment districts of this type being
defaulted by the IRS. The first notice on this issue came out in 1987.
Assistant City Manager Bludau stated that he is surprised that the matter hasn't been
approved on the federal or state level.
In response to Council concerns, Assistant City Attorney Harp indicated that re search has
been done and the code does not define what constitutes the contribution of the capital of the
taxpayer. Public benefit and payment for service is taken into consideration by the
courts and he agreed that removing the tax is a low risk.
In response to Mayor Rosansky's question, Senior Civil Engineer Lee stated that if it is later
found that the taxes should be taken, alien will be re -placed on the properties.
Pete Anderson stated that he spearheaded Assessment District 99 and felt that the extra
35% tax had a lot to do with it failing. He urged Council to remove the tax.
III. PUBLIC COMMENTS - None
IV. ADJOURNME NT - 5:18 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.
Recording Secretary ,
City Clerk
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