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Home My WebLink About10/23/2007 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 23, 2007 — 7:00 p.nL I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION 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. - None VII. . PLEDGE OF ALLEGIANCE - Council Member Daigle VIII. INVOCATION - Rabbi Marc Rubenstein, Temple Isaiah Ix PRESENTATIONS - None K NOTICE TO THE PUBLIC XI. CITY COUNCIL_ ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSIONs_..ACTION OR REPORT LION- DISCUSSION ITEM Council_ Member Gardner requested an update from the Fire Marshal on areas in her district that are subject to fires. Mayor Rosansky thanked the Police and Fire Departments for sponsoring the Public Safety Day. He also thanked the Commodores for the Lifeguard and Firefighter Appreciation Beach Party on October 18. Mayor Rosansky reported that there will be a joint study session with the Planning Commission on October 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. XII. CONSENT CALENDAR A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF , OCTOBER 9, 2007. [100 -2007] Waive reading of subject minutes, approve as Volume 58 - Page 805 City of Newport Beach City Council Minutes October 23, 2007 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. VEHICLE CODE ENFORCEMENT FOR NEWPORT RIDGE NORTH. [100- 2007) Adopt Ordinance No. 2007- 17.amending Chapter 12.66 of the Newport Beach Municipal Code to apply provisions of the California Vehicle Code (CVC) to private roads in the Newport Ridge North neighborhood. C. RESOLUTION FOR ADOPTION 4. RESOLUTION ALLOWING REMOVAL OF VEHICLES (EXCLUDING BUSSES) ADJACENT TO 1601 16TH STREET. [100 -2007] a) Adopt Resolution No. 2007 -69 allowing removal of vehicles, excluding busses, adjacent to the Environmental Nature Center (ENC) located at 1601 16th Street between the hours of 8;30 a.m.. and 2:30 p.m., Monday through Friday and b) rescind Resolution No. 2007 -40. D. CONTRACTS AND AGREEMENTS 5. SANTA ANA HEIGHTS EQUESTRIAN FACILITY - AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KEETON KREITZER CONSULTING (C- 3840). [381100 -2007] Approve an amendment to Professional Services Agreement with • Keeton Kreitzer Consulting for project management services and additional environmental analysis associated with the preparation of an Initial Study/Mitigated Negative Declaration not to exceed the cost of $19,960, and authorize the Mayor and City Clerk to sign the agreement. 6. NEWPORT HEIGHTS TRAFFIC CALMING IMPROVEMENTS (C-89.37),- COMPLETION AND ACCEPTANCE. [88/100-2007] a) Accept. the work; b) authorize-the City Clerk to'file a Notice of Completion; e) 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 1 year after Council acceptance. 7. SELECTION OF A VENDOR FOR CONTRACT NEGOTIATIONS FOR THE LANDSCAPE MAINTENANCE OF CITY MEDIANS AND ROADSIDE AREAS (C- 8988). [38f100- 2007]: a) Direct staff to negotiate a two -year agreement with Merchants Landscape Maintenance, Inc., of Santa Ana, to provide landscape maintenance services of City .medians and roadside areas; and b) bring back an agreement 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- 8989). [88f100 -2007] No action. E. MISCELLANEOUS 10. CONTRACT F.OR'ENVIRONMENTAL CONSULTING SERVICES - HOAG HEALTH CENTER ENVIRONMENTAL IMPACT REPORT (EIR) (C- 8952). [88/100- 2007] Receive and file. Volume 58 - Page 306 City of Newport Beach 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 SECURITY INITIATIVE (UASI) TRAINING FUNDS. [100 -2007] a) Accept UASI Grant training funds in the amount of $32,190 to be utilized for reimbursement training costs associated with approved Department of Homeland Security (DHS) courses for emergency personnel; and 2) approve a budget amendment (08BA -019) increasing revenue estimates by $32,190 in Account No. 1820- 48661, UASI Grant, and increasing expenditure appropriations by $32,190 in Account No. 7014- C1820973. S20. FISCAL' YEAR 2007 -08 MASTER CIP SCHEDULE UPDATE. [100 -2007] Receive and file. Motion by Mayor Pro Tem Selich to approve the Consent Calendar, except for the item removed (Item 9). 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 )[III. ITEMS REMOVED FROM THE CONSENT CALENDAR 9. BACK BAY SCIENCE CENTER (C -8460) - CONSTRUCTION COMPLETION REPORT. [88/100 -2007] .Receive and file the construction completion report. Darrell Nolta stated that he is in favor of the water quality lab but he is concerned about the back up power, amount of dust, and containment of pathogens in the lab. Motion by Council Member Webb to receive and file the construction completion report. 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 - 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. Volume 58 - Page 307 City of Newport Beach City Council Minutes October 23, 2007 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 October 17th meeting in regard to his involvement with group homes. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council .Member Daigle reported that SCAG (Southern California Association of Governments) is working on the RTP (Regional Transportation Plan). City Manager Bludau made an announcement about the 1/1 (1st Battallion, 1st Marines) which was adopted by the City. The committee will conduct a golf tournament to be held on Monday, November 12th at the Newport Beach Country Club with all proceeds going to the families. For .more information please call the City Manager's office or Dan Marcheano (Arches Restaurant). XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 14. PLANNING COMMISSION AGENDA FOR OCTOBER 18, 2007. [100 -20071 Planning Director Lepo reported on the following items: Paul and Norma Fruchbom residence (PA2007 -111); Joyce LCM RedWillow residence (PA2007 -152); Newport Executive Court (PA2006 -280); Local Coastal Program (Coastal Land Use Plan Amendment No. 2007- 003), and Knight Appeal (PA2007 -137). In response to Council Member Daigle's question, Planning Director Lepo stated that the site distance requirement is the first 12 feet from the curb at Ebbtide to the first hedge, so there's nothing over the 30" height limit. In response to Council Member Webb's question, Planning Director Lepo stated that the first 12 feet isn't in the public right of way but in the front yard. The basis of the modification was because after reviewing the facts of the difficulties applicable to the property, such as the noise from vehicles going up the hill, headlights shining in the windows, and cars coming down the hill, the Commission approved the permit. Council Member Daigle stated that she would like to appeal Item No. 2 (Paul and Norma Fruchbom residence). XVIII. CONTINUED BUSINESS 15. MCFADDEN SQUARE CENTENNIAL LEGACY PROJECT - APPROVAL OF CONCEPT AND DESIGN; DECISION ON SCULPTURE CONTRACT (C- 8990). 188/100 -20071 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 Volume 58 - Page 308 City of Newport Beach City Council Minutes October 23, 2007 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_ Rockefeller stated that the timeline is fairly tight and it is important to approve the agreement to continue the project. Council Member Henn clarified that Council will ask staff to revise the contract as needed. The revision will make it clear that the first $10,000 payment is to be used for a mock up and research to provide Council with sufficient information to approve the final agreement. The City will not be obligated beyond that $10,000 until approval is granted by Council. Mr. Svalstad stated that he met with City Manager Bludau and Assistant City Attorney Harp to discuss the changes in .the contract. He stated that Assistant City Attorney Harp felt that the contract would not need to be changed because it includes adequate wording to allow what Council Member Henn requested. City Attorney Clauson recommended that Council identify the person or entity to make approval of the clay model before the first $30,000 installment is made. The first payment of $10,000 will be for research and preperation of the model. She also recommended that the Project Manager be someone from the Public Works Department to coordinate the contract. She requested that the expected date of completion be verified with the artist and the Public Works Department. Motion by Council Member Henn to a) approve McFadden Square Centennial Legacy Project design and sculpture concept with selected artist/sculptor Hank Kaminsky of "The Village Sculptor" in Fayetteville, Arkansas, for a bronze sculpture and base and authorizing the City Manager to make contract changes, if needed, that do not affect the contractual price and authorize the Mayor to sign the contract for $110,000, with contract amendments as noted by City Attorney Clauson. 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 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 Daigle 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: Volume 58 - Page 309 City of Newport Beach City Council Minutes October 28, 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- 8888). [88/100 -2007] Public Works Director-Badum reported that the contract is the next step in moving forward with the OASIS Senior Center. Council Member Selich stated that the contract is a large amount because it includes various services. Motion by Council Member Curry to a) .approve a Professional Services Agreement with Robert R. Coffee, Architect + Associates, for architectural services at a not to exceed price of $1,496,600, and authorize -the Mayor..and City Clerk to execute the agreement; and b) approve a budget amendment (08BA -020) appropriating $1,496,600 from General Fund unappropriated surplus fund balance to Account 7463- C4410761. 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 18. BACK BAY VIEW PARS REPLENISHMENT AND ENHANCEMENT - APPROVAL OF LANDSCAPE_ CONCEPT _PLAN AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH SWA (C- 8991). [88/100 -2007] Motion by Mayor Rosansky to continue this matter indefinitely. 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 19. LETTER TO METROPOLITAN WATER DISTRICT REQUESTING DELAY IN FLUORIDATION START -UP :AT THE DIEMER WATER TREATMENT PLANT. [100 -2007] City Manager Bludau reported that 25% of the City water is-provided by Metropolitan Water District who wish to add.fluoridation to the water. He reported that Council Member Gardner composed a letter requesting 'a 60 day time period delay for Council to review the issues that have been raised by the public. Information about fluoridation will be provided on the City'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 &nd 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 Volume 58 - Page 310 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-concern about the' amount of time it takes to show negative effects from fluoride. Jerry Fair urged Council to question.. the Metropolitan Water District about who will benefit financially. He questioned if the chemicals in fluoride are cumulative in the body. Christine Carr asked Council.what steps they. are taking to provide the community. with information on how the issue is going to be handled. Darrell Nolta, Westminster resident, expressed his concerns about flouridation in the drinking water on behalf of visitors to the City. Kim Couch questioned if Council cares about the fluoride issue. Council Member'Daigle reported that no public health official was present at the Study Session on the issue to help Council make an informed decision. Motion by Council Member Curry to authorize staff to send letter to Metropolitan Water District requesting delay of fluoridation 'start -up at the Diemer Water Treatment Plant currently scheduled to commence on November 19, 2007. Council Member Curry explained that the decision to put flouride in the water is not a decision of the Newport Beach City Council. The City purchases water from the Metropolitan Water District; who was directed in 1995 by State Legislature to fluoridate the water. Council Member Henn supported the motion and indicated that Council does not have a lot of discretion in this matter. He encouraged residents to lobby at the State level to change the mandate of the Metropolitan Water District regarding the fluoridation of water. 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 - In memory of Art Gronskyand Joey Bishop at 8:42 p.m. to 7:00 p.m, October 30, 2007. o y: iLeco ittg Secretary Volume 58 - Page 811 City of Newport Beach City Council Minutes October 23, 2007 City Clerk Mayor Volume 58 - Page 312