HomeMy WebLinkAbout05/22/2007 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 22, 2007 — 7:00 p.m
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 6:16 p.m.
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR REGULAR 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 accepted an offer from Macerich
Construction to resolve its bid on Contract No. 3742. Macerich executed the settlement
agreement and paid the City $30,000 to relieve it from the low bid on the contract and
settled all disputes. Council unanimously agreed to accept the settlement agreement and
consider the matter under Agenda Item S20 on tonight's agenda.
VII. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Selich
VIII. INVOCATION - Reverend Karl Stuckenberg, Newport Center United Methodist
Church
Dsr PRESENTATIONS
Public Works Week Proclamation - Presented to Public Works Director Badum, General
Services Director Harmon and Acting Utilities Director Murdoch.
Students from Newport Harbor High School gave a presentation on research regarding the
matter of polystyrene products that are deteriorating beaches and oceans; presented a draft
ordinance and asked that Council pass an ordinance banning use of polystyrene products in
Newport Beach.
Dan Miller, The Irvine Company, showed a PowerPoint presentation of the recently
refurbished Back Bay Loop Trail and signage and presented the City with a check in the
amount of $600,000 covering the cost of the staging area for the multi- purpose area parking,
staging, restroom and drinking fountain areas for the Back Bay Science Center.
Mayor Rosansky read a proclamation proclaiming the week of June 4h as Invitational
Regatta Race Week. Mayor Rosansky and Council Member Henn presented the proclamation
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to representatives from First Team Real Estate and Hoag Hospital.
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FU'T'URE AGENDA FOR DISCUSSION ACTION OR
REPORT (NON- DISCUSSION ITEM
Council Member Curry said that for the past three Saturdays he and his wife have
participated in CERT training and encouraged everyone and every homeowners association
to participate in future classes.
Mayor.Pro Tem Selich spoke about the town hall meeting on Balboa Island on May 12'' with
125 residents participating. The first General Plan outreach meeting was held on May
16th. He announced that the Balboa Island Parade will be held on June 3'd and invited
everyone to participate in the festivities.
Council Member Gardner spoke about the CdM Run. She congratulated staff; consultants
and the General Plan Advisory Committee on receiving the American Planning Association
award. She said she plans to make a motion to reconsider the trash contract at the end of
tonight's meeting.
Council Member Daigle acknowledged that a senior citizen produced a CD that contained
romantic Chopin music. At the individual's request, she presented the CD to the City and
asked that it be played during meeting breaks.
Council Member Webb announced that the League of California Cities appointed him to the
Airport Land Use Committee. At the Monday meeting the committee visited John Wayne
Airport to receive a presentation regarding the complex issue of noise monitoring.
Mayor Rosansky announced that on May 10'' the Chamber of Commerce held its 100'h
Anniversary Kickoff celebration. The Relay for Life was held last weekend at Newport
Harbor High School and the event raised over $186,000, well in excess of the $150,000 goal.
XII. CONSENT CALENDAR
A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR
MEETING OF MAY 8, 2007 110 0- 20 0 71. Waive reading of subject minutes,
approve as 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.
B. ORDINANCE FOR ADOPTION
3. ADDING CHAPTER 5.43 TO TITLE 5 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISES
WHICH IMPLEMENTS THE DIGITAL INFRASTRUCTURE
AND VIDEO COMPETITION ACT OF 2006 1100- 20071. Adopt
Ordinance No. 2007 -9.
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C. CONTRACTS AND AGREEMENTS
4. OCEAN PIER REPAIRS - COMPLETION AND ACCEPTANCE OF
CONTRACT (C -3798) [381100- 2007]. 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 (1) year after Council
acceptance.
5. NEWPORT SHORES ALLEY REPLACEMENT - COMPLETION AND
ACCEPTANCE OF CONTRACT (C -3722) [381100- 2007]. 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
(1) year after Council acceptance.
6. TRAFFIC ON -CALL SERVICES - APPROVAL OF PROFESSIONAL
SERVICES AGREEMENTS (C -3938) [381100-2007]. Approve
Professional Services Agreements with Austin -Foust Associates, Inc. and
Transportation Studies, Inc. for on -call traffic engineering services and
authorize the Mayor and City Clerk to execute the Agreements.
7. PUBLIC PUMP -OUT REPLACEMENT ;,BUDGET AMENDMENT (C-
3940) [381100- 2007]. a) Authorize the City Manager to execute an
agreement substantially similar to the draft attached to the staff report with
Swift Slip to remove and replace the pump out facility for the sum of
$57,924; and b) approve a budget amendment (07BA -072) to increase
revenue estimates and expenditure appropriations by $20,000.
8. TAMURA DEEP WELL REHABILITATION - APPROVAL OF
PROFESSIONAL SERVICE AGREEMENT WITH LAYNE
CHRISTENSEN COMPANY (C -3939) [381100-2007]. Approve a
Professional Services Agreement with Layne Christensen Company for the
rehabilitation of the City owned Tamura Deep Well located at 17415
Magnolia Street in Fountain Valley for a not to exceed price of $59,633 and
authorize the Mayor and the City Clerk to execute the Agreement.
9. BACK BAY SCIENCE CENTER - COMPLETION AND ACCEPTANCE
OF CONTRACT (C -3460) WITH JUNIOR STEEL CO. (C -3460) (381100-
2007] a) Accept the work performed and completed by Junior Steel Co.; 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 (1) year after
Council acceptance.
10. 2005 -2006 VARIOUS CITY SEWER MAIN IMPROVEMENT AND BIG
CANYON TRUNK SEWER REPLACEMENT - COMPLETION AND
ACCEPTANCE OF CONTRACT (C -3562) [381100- 2007]. 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
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Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code; d) release the Faithful Performance Bond one (1)
year after Council acceptance; and e) approve a budget amendment (07BA-
075) appropriating $241,389.39 to Account No. 7251- C5600292 for the
completion of the Big Canyon Trunk Sewer Replacement and increase
revenue estimates by $248,431.62 representing OCSD's final contribution
for this work, including a 4% administrative fee on construction services
provided by the City.
D. MISCELLANEOUS
11. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING
FISCAL YEAR JULY 1, 2007 TO JUNE 30, 2008 1100 - 20071. Authorize
the City Clerk to publish a notice advertising for bids to be received on or
before the hour of 4:00 p.m. on Friday, June 8, 2007 for a one -year contract
covering the publishing and printing of legal notices, or other material
required to be published and circulated in the City of Newport Beach.
12. 2007 -08 PROPOSED BUDGET HEARING; 2007 -08 APPROPRIATION
LIMIT HEARING [100 - 20071. Schedule a public hearing of the City's
Proposed Budget and Appropriation Limit for the 2007 -08 fiscal year on
June 12, 2007 at 7:00 p.m. and direct the City Clerk to publish a notice of
said hearings.
13. ACCEPTANCE OF ORANGE COUNTY HEALTH CARE AGENCY
FUNDS FOR USE IN ADDRESSING ALCOHOL RELATED ISSUES
IN THE COMMUNITY 1100- 20071. a) Accept funds for administrative
purposes from the Orange County Health Care Agency, Alcohol and Drug
Education and Prevention Team (ADEPT) in the amount of $10,000 to be
used for compliance checks and enforcement of State and Municipal
alcoholic beverage control violations in the community (07BA -073); and b)
authorize the Administrative Services Director to establish revenue and
expenditure accounts to facilitate the administration of these funds.
Motion by Mayor Pro Tem Selich to approve the Consent Calendar (Items 1 -
13).
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 — None
XIV. PUBLIC HEARING
14. VACATION OF AN EXISTING SEWER AND WATER
EASEMENT AND ACCEPTANCE OF NEW SEWER AND WATER
EASEMENTS AT 1600 EAST COAST HIGHWAY 1901100- 20071.
Public Works Director Badum reported that the item can be continued to June 12th
to allow staff an opportunity to correct the easements. He responded to Mayor Pro
Tem Selich that The Irvine Company consultant had no issues with the City not
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accepting the sewer easement.
Mayor Rosansky opened the public hearing.
Motion by Mayor Pro Tem Selich to continue the hearing to June 12, 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
15. REVOCATION OR MODIFICATION AND /OR ADDITION OF
CONDITIONS FOR NEWPORT BEACH BREWING COMPANY USE PERMIT
[100 - 2007].
Motion by Council Member Curry to continue the hearing to July 10, 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
XV. PUBLIC COMMENTS
Lisa Vallejo spoke in opposition to the proposed coastal bluff condo project.
John Martin expressed concerns about the proposed coastal bluff project.
Shirley Conger spoke about the rising costs of healthcare in Newport Beach.
Norman Ewers spoke in support of SB840.
Joe Tyndall urged Council to endorse SB840.
Vern Nelson also spoke in support of SB840.
Ray Halowski encouraged the City Council to pass the draft resolution presented by
Newport Harbor High School students supporting the ban of polystyrene products.
XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Daigle spoke about Council Member Webb's re- election to the Airport Land
Use Commission and reported that the Finance Committee is working on an RFP to study
cost of services and benchmarking.
Mayor Pro Tem Selich reminded residents that the General Plan Implementation Committee
would meet at City Hall on Wednesday.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
16. PLANNING COMMISSION AGENDA FOR MAY 17, 2007 (100 - 2007].
Planning Director David Lepo reported on the following two items: 1) Alcoholic
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Beverage Outlet Permit for Rolfs Beverage (PA2007 -049); and 2) Advanced Real
Estate Services development at 201 & 207 Carnation Avenue and 101 Bayside Place
(PA2005 -196).
XVIII. CONTINUED BUSINESS
17. PARK DESIGN ELEMENTS FOR NEWPORT CENTER PARK 1100- 20071.
Mayor Pro Tem Selich read a prepared statement regarding the Parks Commission's
recommendation to continue with the construction of the Newport Center Park. In
summary, he stated that the Parks Commission rendered its decision and there is no
further action required by the City Council. He spoke in support of their
recommendation to include a tot lot. He supports the park based on the need for the
City Council to live up to its commitment. The Council needs to consider parks
overall in conjunction with the City's General Plan. The 450 new units at Newport
Center will generate $11,756,000 and the 79 Santa Barbara units will generate a
little over $2 million in park fees. $3 million for construction of the Newport Center
Park represents only 25 percent of these fees and is in line with commonly accepted
park development standards and, the balance will go toward meeting future park
needs of Newport Beach residents, including active parks such as Sunset Ridge
Park. He said he continues to support this park based on sound land use principals
and the City's newly adopted General Plan. Putting a park on the current City Hall
site should stand on its own merits. This site offers the most available parkland for
Newport Center and neighborhood parks are important in mixed -use areas and are
widely used by the public. With respect to placing a City Hall on this site, the City
should analyze the cost and ask its consultant DMJM to look at the cost for a
building pad. However, this recommendation should not lead anyone to believe that
he would favor a City Hall on this site because he does not. Absent any other logical
proposal for a 12.5 -acre park, the City should proceed with this park and ignore the
threat of an initiative.
Motion by Mayor Pro Tern Selich to direct staff to bring back at the June 12th
City Council meeting an action for Council consideration to proceed with the
preparation of plans and specifications for the bid package for Phase I of the
Newport Center Park as follows: approve construction of the park per the currently
approved City Council Concept Plan, incorporating the suggestions of the parks
commission with the addition of a tot lot, and the addition of the upper parking lot.
Construction to be done in Phases with the middle phase first; acceptance of the
$600,000 donation towards the construction of the middle phase in exchange for
naming rights for the entire park, with the provision that other naming rights will
be available, and direct staff to negotiate an agreement; conceptual approval to
amend the FY 2007 -2007 Budget to increase funding from $200,000 to $400,000,
subject to final construction bids; and direct staff to complete construction
documents for the middle section phase as soon as possible and put them out to
bid. In addition, authorize the City Council Building Committee and the City
Manager to expand the scope of the DMJM contract, within the City Manager's
authority, to include a cost analysis to construct a building pad immediately north of
the Central Library capable of supporting a two story 72,000 sq ft City Hall with a
42,000 first floor and a 400 space parking facility with 300 spaces for city hall and
100 spaces for the library.
Council Member Gardner felt the City should be creative and suggested there might
be an opportunity for public art at this location.
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Council Member Curry concurred with Mayor Pro Tem Selich and pointed out that
political tricksters were at play. Residents have been receiving telephone calls from
pollsters and creating false controversy. This Council decided at its last meeting
that all three parks would move forward with the same priority.
Council Member Henn also supported Mayor Pro Tem Selich's comments. He
emphasized that the land for Newport Center Park is not now and never was free.
The City gave up density to get the land and it cost the City a great deal.
Dick Nichols said there was no reason there could not be "active" uses on this large
site that would include a City Hall and park site. The public definitely wants this
site studied further.
Barry Allen said the Parks Commission rejected soccer fields on the site and
believed the Council should move forward to build the park.
Jan Vandersloot, representing SPON, said his organization has advocated for the
park since 1992 and is in total agreement with Mayor Pro Tem Selich's statement.
Allan Beek said he was proud of his City Council.
Bernie Svalstad spoke in support of the park.
Caroline. Logan spoke in support of Mayor Pro Tem Selich's cogent comments and
motion and encouraged the Council to move forward as quickly as possible.
Ron Hendrickson felt that Mayor Pro Tem Selich's motion went well beyond the
agenda item proposed this evening and believed the matter should be continued for
further study and consideration.
Hugh Logan said that just as Sunset Ridge is ideal for an active park the Newport
Center Park is ideal for a passive park.
Mayor Rosansky asked if Mayor Pro Tem Selich's motion was suitable to the agenda
item and City Attorney Clauson responded that Mayor Pro Tem Selich's motion was
more of a motion for direction to bring items back to the Council for consideration
and was therefore, appropriate.
Council Member Webb asked City Attorney Clauson to clarify the agenda item and
Mayor Pro Tem Selich's motion. He said he agreed that the 450 units might justify a
12.5 -acre park as a neighborhood park, however neighborhood parks should have
active uses. The General Plan defines neighborhood parks as ones with active uses
and would therefore have a higher priority. He would like for the Council to speed
up the Sunset Ridge Park project. The CIOSA agreement allowed senior housing on
this site when it was approved. He said he supported Mayor Pro Tem Selich's
motion item that would allow the Council to look at the site for potential inclusion of
a City Hall north of the library in order to be able to compare this site to the OCTA
site. However, he questioned Mayor Pro Tem's second proposal, which was
acceptance of the $600,000 donation and giving naming rights because that action
conflicts with Council Policy B -17. He requested that the Council seriously consider
existing Council policy before providing naming rights. Council Member Webb
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reiterated his belief the City should look at getting the active parks completed before
spending funds to complete passive parks.
Council Member Daigle commended Mayor Pro Tem Selich's concepts. She felt the
motion took a step in the right direction for gathering valuable information.
Mayor Rosansky said he supported the portion of Mayor Pro Tem Selich's motion
that called for analyzing the costs for a City Hall on the site. He corrected Council
Member Curry's statement regarding Council giving equal priority to building all
three parks and stated that the direction to staff was that the Council gave equal
priority to moving forward with conceptual plans for building the parks. He said he
agreed with Council Member Webb's comments regarding naming rights and said he
did not agree with moving forward with a phased development of the park.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich,
Council Member Gardner
Noes: Mayor Rosansky, Council Member Webb, Council Member Daigle
18. AWARD CONTRACT FOR BEACH CAMERA MONITORING SYSTEM FOR
CORONA DEL MAR STATE BEACH (C -3941) [381100 - 20071.
John Klein, Deputy Chief of Police, asked for Council approval in the amount of
$170,395 for installation of a remote beach camera monitoring system for the Corona
del Mar State Beach, Little Corona and the Wedge Beach areas; and, approval of the
sole source purchase of the recommended system and related equipment in order to
deploy police services effectively. The original wireless system projected to cost
about $75,000 did not fully illuminate the nighttime beach areas. The proposed
system will include four cameras at the new life guard building in Corona del Mar,
one at Little Corona Beach, and two at the Wedge. This system allows views in zero
light similar to the system used by the helicopters. The installation also includes
software for recording and retention.
Mayor Pro Tem Selich asked if the contingency would be sufficient and Deputy Chief
Klein said he was confident that the price would be sufficient to cover the cost.
Deputy Chief Klein responded to Mayor Rosansky that the movement setting is
based on pixels and can be charted to determine the movement of cats and dogs and
not the movement of trees.
Motion by Council Member Gardner to a) approve funding (07BA -074) from the
General Fund Unappropriated Reserve in the amount of $170,395 (which includes
a 5% contingency for the project) for the installation of a remote beach camera
monitoring system for the Corona del Mar State Beach, Little Corona, and the
Wedge beach areas; and b) approve the sole source purchase of the recommended
system and related equipment from Thompson Engineering and the Dell
Corporation.
The motion carried by the following roll call vote:
Eyes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
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Gardner
19. REPORT ON THE ADOPTION OF AN INTERIM URGENCY ORDINANCE
ESTABLISHING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL USES THAT
ARE TRANSITORY IN NATURE AS WELL AS THE ISSUANCE OF NEW
SHORT -TERM LODGING PERMITS IN ALL RESIDENTIAL ZONING
DISTRICTS OF THE CITY [100 - 2007].
City Attorney Clauson reported that tonight's action is to receive and file a report
required by the Government Code to adopt a moratorium. The initial period of
adoption runs about 45 days and requires that a report detailing that the conditions
leading to the moratorium were alleviated in accordance with the government code
be presented about 10 days before the expiration of the moratorium. Working with
outside counsel staff developed a questionnaire that was distributed to residents
living in close proximity to these facilities.
Polly Marshall, Goldfarb Lipman Attorneys, said she worked closely with staff in
looking at existing ordinances. The redlined ordinances and memorandum dated
May 13th speak to current and proposed ordinance wording. The most important
change in the proposed amendment is adding a definition of integral facilities.
Council Member Daigle asked what kinds of conditions the Planning Commission
and City Council could consider under discretionary review. Attorney Marshall
responded that the use permit traditionally allows very broad discretion. However,
such discretion cannot be used to impose discriminatory conditions. The complaints
tend to include commercial uses and the City could impose conditions that would
deal with those conditions for the general health and welfare of the neighborhood.
Attorney Marshall pointed out that multiple locations for one use may be considered
a larger use and as such, the City would have a right to regulate that use under the
facilities process. Also included is a change that would prohibit a facility that
provides services to residents who live in the residences and also provide services to
persons who do not live in that facility. Under state law cities are required to treat
licensed facilities for six or under the same as it would for single - family uses. The
definition has changed so that it includes only licensed facilities. If facilities are
unlicensed and small they will be prohibited. However, those homes can be given
right of use as a reasonable accommodation for disabled individuals. All uses
involving parolees and probationers where the home contains two or more
individuals not related by blood who occupy homes and who are paying for the
facility in some fashion are prohibited in residential areas.
Council Member Henn asked whether a parolee who is disabled by a drug or alcohol
problem could be allowed and Attorney Marshall responded that if two or more
parolee's occupy a home and are disabled by drug or alcohol the use would not be
allowed. The home would have to apply for special accommodations.
Attorney Marshall spoke to a new chapter involving rezoning and reasonable
accommodation stating that the abutting property owners and individuals living
across the street would be noticed of a zone change and have the right to appeal the
rezoning. Should the City choose to do so it may adopt its own certification process
rather than the County's certification process.
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Council Member Henn asked what the consequences were of not meeting the
requirements. Attorney Marshall responded that the facility could not operate
unless it qualified for reasonable accommodation through the application process.
There may be a reason why the smaller homes cannot meet the separate
requirements hated on pages 26 and 27 of the draft but still believe they might be
able to show reason they should be able to operate. Because of the nature of
reasonable accommodation individuals must be given the right to make an
individual case based on the individual circumstances. Council Member Henn noted
that state law references local need and he did not see any reference in the proposed
language. Attorney Marshall stated that findings would focus on local need and
number of facilities. If the City were ever to make a decision that there were too
many it would need to be a careful decision. The permit process is a discussion of
the welfare of the community.
Council Member Webb asked if the City should be requiring that houses meet ADA
requirements. Attorney Marshall said that would not be possible for the six and
under facilities unless the code was changed to include restrictions for single - family
residences. For the six and over facilities, the state imposes rigid requirements. She
said she would hesitate to say that a local government could impose ADA
requirements unless they were commercial establishments.
Council Member Curry asked if it were Attorney Marshall's opinion that these
amendments would pass muster and Attorney Marshall responded that she felt that
certain items were defensible. However, this is breaking new ground and she would
not guarantee any outcome.
Council Member Henn noted that the ordinance did not include a sunset clause or
how uses would be required to cease operation. Attorney Marshall said that no uses
would become illegal, they would be subject to conditional use requirements whether
they are "grand- fathered" or have a specific time period in which to apply for
conditional use permits or recover their loss. Council Member Henn asked why no
separation of distance was included. Attorney Marshall explained that that Ninth
Circuit Court determined that distance was determined to be facial discrimination
unless there is specific threat of harm. Council Member Henn asked if Attorney
Marshall had looked for potential threat of harm and she responded that she had not
but had instructed staff to look for such findings. The case law says that there must
be a specific and real danger.
Attorney Marshall responded to Mayor Rosansky that on page 4 the language was
meant to be and rather than gr with respect to paroleelprobationer, etc.
Council Member Henn asked about the 14 -day appeal of the Planning Commission's
decision procedure and City Attorney Clauson stated that was language contained in
today's requirement. Council Member Henn said he was not clear on who could
appeal and how long they had to appeal the decision and Attorney Marshall
explained that it would be a Planning Commissioner, not a citizen. City Attorney
Clauson said that it would be the same 14 -day period and may require outside
expert determination.
Senior Planner Patrick Alford summarized suggested changes to Title 20 (Zoning
Code) and Chapter 5.95 dealing with short -term lodging permits and operations
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resulting from the short term lodging permits. Rental homes would be prohibited in
the R -1 and RA districts and would be allowed by right in the R 1.5, R2 and MFR
districts requiring a short -term lodging permit. Chapter 5.95 would include new
language to the findings to note the long tradition of single - family vacation homes in
the City, the positive fiscal impacts and reference the coastal land use plan, which
supports the short -term (30 -days or less) lodging units as visitor accommodation. In
addition, he would propose adding a requirement that managing agencies obtain the
short -term lodging permit. There are instances in which there is multiple -
ownership and he felt it would be appropriate to identify central management and
point of contact. Language would also be added to require that the owners and
managers comply with the municipal code and conditions of the short -term lodging
permit. Additionally, language would be added about "noticing" so that all property
owners within 100 feet of the site would be notified about the permit that would also
provide contact information; add a requirement for inspections at the initial issuance
of the permit and every four years thereafter; require a written rental lease
agreement limited to one per unit; establish a minimum rental period, set overnight
occupancy requirements, require disclosure, and require a procedure for response to
complaints; and, add a condition placing a limit on the number of vehicles allowed at
the site.
Mayor Pro Tem Selich asked why (Page 20) the City would want to get into the
business of monitoring rental units and compliance issues because he saw no nexus
to the survey impacts. Mr. Alford said it would ensure permit compliance and
monitor safety concerns.
Mayor Pro Tem Selich asked if the ordinance would assist enforcement in cases of
non - compliance. City Attorney Clauson responded that it would and allows
enforcement to make certain the use and number of cars at any given unit could be
monitored. Council Member Henn said he was aware of at least one illegal unit.
Mayor Pro Tem Selich said it seemed to him that the City should single out illegal
units. He was also concerned about responding within two hours and limiting the
number of cars. Mr. Alford said enforcement could be difficult but during the
notification process a lot of information would be imparted to the City. With
violations and repeated violations the language would provide for enforcement.
Council Member Curry said that the moratorium would expire at the end of the 45-
day period. City Attorney Clauson said it was staffs recommendation not to
continue the 45 -day moratorium for vacation rental permits. The language proposed
for Chapter 5.95 would impose restrictions for future use.
Dick Nichols said the current language and draft language was not in accordance
with state law. City Attorney Clauson responded that there are certain provisions
in the law that speaks to non - medical services and if a facility provides non - medical
services they must be licensed. If it were just a sober living facility not providing
non - medical services it would not need to be licensed.
Kay Mortenson was very concerned about illegal modifications to single family units
and what uses and density would be allowed under the short -term rental ordinance.
Max Liskin referred to the language in the CRC Health Corp 10 -K manual and
suggested that it would behoove Sober Living by the Sea to work closely with the
City on a pro - active basis.
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Don Ahbrams, realtor, and owner and manager of vacation properties, spoke against
the short -term vacation rental moratorium because it presents a hardship for many
groups.
Joyce Barnes thanked the City Council Members for their diligence.
Pam Bacich encouraged the Council to set standards.
Doris Lee, realtor, said there was no comparison between short -term rentals and
sober living homes and hoped the moratorium would be lifted.
Denys Oberman appreciated staffs work and felt more needed to be done on the
ordinances.
Craig Batley commended staff for their work, recommended Council approval of
staffs recommendation and said the Council should visit other issues within the
scope of the ordinance.
Marlys, realtor, asked that the moratorium on short -term rentals be lifted.
Mayor Rosansky asked that when changes were formulated for the short term
lodging permit, staff forward those changes to the Board of Realtors for their input.
Council Member Henn said it has been determined that the amortization matter
needs to be addressed quickly and thoroughly; and the new language should have
some consideration of compatibility of use.
320. AWARD CONSTRUCTION CONTRACT (C -3742) FOR: (1) NEWPORT
THEATRE ARTS CENTER LOBBY ADDITION; (2) RETROFIT OF (E) 320'
GUYED TOWER; (3) UTILITIES YARD RADIO BUILDING; AND (4)
UTILITIES YARD BUILDING 3 REMODEL [881100.20071.
Motion by Council Member Webb to award the construction contract to Big West
Construction Corp. and (1) authorize the City Manager to enter into a
reimbursement Agreement and Long -Term Lease with the County of Orange; (2)
approve the plans and specifications; (3) award the contract (C -3742) to Big West
Construction Corporation for the total bid price of $1,009,475, and authorize the
Mayor and the City Clerk to execute the contract; (4) approve a Budget
Amendment (07BA -076) appropriating $35,990 from the General
Fund unappropriated fund balance to 7011- C5100809 for the Newport Theatre Arts
Center Lobby Addition; (5) approve a Budget Amendment (07BA -076) appropriating
$221,500 to Account No. 7251- C5100976 from a contribution from the County of
Orange and increasing revenue estimates by $221,500 representing the contribution;
and appropriating $82,188.50 from the General Fund unappropriated fund balance
to Account No. 7017- C5100976 and appropriating $82,188.50 ($35,639 from Account
No. 7501-05100277,$24,725 from Account No. 7501- C5500074, and $21,824.50
from Account No. 7501- C5100768) to Account No. 7501- C5100976 for the Tower and
Radio Building; (6) approve a Budget Amendment (07BA -076) appropriating
$188,335 from Account No. 7501- C5500074 to 7501- C5500930; (7) collect Macerich
Construction, Inc.'s bid bond (10% of their bid amount) or negotiate another
settlement amount with Macerich because of their errors in bidding the contract (C-
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City Council Minutes
May 22, 2007
3742); and (8) establish an amount of $100,947 (10% of the award amount) to cover
the cost of unforeseen work and construction expenses.
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
XVIX. MOTION FOR RECONSIDERATION
Motion by Council Member Gardner to reconsider Council's action taken on May
8, 2007 to award a refuse collection contract to Ware Disposal.
In response to Council Member Henn, City Attorney Clauson explained the process
and indicated that if the motion passes Council would reconsider the action
approving the contract at the next meeting. Public Works Director Badum stated
that if the Council decides to re -bid, the current hauler has agreed to extend its
contract for three months.
Patrick Munoz said his client was prepared to move forward in accordance with the
approved contract and said he was concerned about fairness to his client.
City Attorney Clauson responded to Mayor Pro Tem Selich that the contract has not
been executed, therefore it is subject to reconsideration by the City Council.
Jay Ware asked Council not to reconsider their decision. In accordance with
Council's vote and staff's statements he ordered trucks and trash containers to
commence trash pickup beginning July 1st. Council Member Henn asked if the
Ware contracts could be canceled and Mr. Ware said that about $1.5 worth of special
equipment was ordered and could not be canceled.
Davis Ross, Waste Management, said that a threat of a lawsuit could be indicative of
a future relationship. He said he was concerned about the process taken during the
last City Council meeting. If the Council were to change its proposal he would
welcome the opportunity to participate and work with the City to provide continuing
service and would give the City a three or four month contract extension.
General Services Director Mark Harmon stated that staff never directed Ware to
order containers.
Council Member Curry asked what the cost differential between Ware and Waste
Management would be for the three -month period. General Services Director
Harmon said he did not have that figure. Council Member Curry said it would be
safe to say that the City s cost would be higher for the three -month term with Waste
Management. General Services Director Harmon said it was important to get the
best deal for the 10 -year term. His understanding was that the cost per house would
be the same. Ware offered additional containers and said they would change the
overall cost of the contract depending on the negotiations. Also, the other haulers
were willing to re- negotiate the terms of the contract as well.
Mr. Ware said that Ware committed to 40 percent recycling percentage, confirmed
that the insurance limits would be increased and the cart charges would be reduced.
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City Council Minutes
May 22, 2007
Free carts were included in the original on -time proposal.
David Fahrion said that Waste Management would appreciate an opportunity to re-
bid the contract and hoped Council would approve Council Member Gardner's
motion.
The motion carried by the following roll call vote:
Ayes: Mayor Pro Tem Selich, Council Member Webb, Council Member Daigle,
Council Member Gardner
Noes: Council Member Henn, Council Member Curry, Mayor Rosansky
)M ADJOURNMENT - at 11:20 p.m. to 6:00 p.m. on Wednesday, May 30, 2007
The agenda for the Regular Meeting was posted on May 16, 2007, at 2:00 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
The supplemental agenda for the Regular Meeting was posted on May 18, 2007, at 2:20 p.m.
on the City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
Recording Secretary
Mayor
(a(jh"m.64" &,
City Clerk
Volume 58 - Page 167
r wlllli
Recording Secretary
Mayor
(a(jh"m.64" &,
City Clerk
Volume 58 - Page 167