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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 24, 2009 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor KEITH D. CURRY DON WEBB Mayor Pro Tern Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member LESLIE J. DAIGLE Council Member NANCY GARDNER Council Member DAVE KIFF — City Manager LEILANI BROWN — City Clerk DAVID HUNT — City Attorney SHARON WOOD — Assistant City Manager STEPHEN BADUM — Public Works Director NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the Council. If you do fill out the card please place it in the box at the podium. PUBLIC HEARING: If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office. Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. Regular meetings of the City Council are generally held on the second and fourth Tuesdays of each month at 7:00 p.m. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at (949) 644 -3005. The agendas, minutes and staff reports are also available on the City's website: http://www.newportbeachca.gov It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD November 24, 2009 I. STUDY SESSION - 3:30 p.m II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Leaal Counsel - Existina Litigation (Government Code 4 54956.9(a)): Fifteen matters: 1. IBC Litigation Matters: Four matters, all arising out of the IBC Litigation against the City of Irvine: a. Newport BeachlTustin v. City of Irvine (Martin Street), Orange County Superior Court Case No. 07CCO1264 b. Newport Beach/Tustin v. City of Irvine (2851 Alton), Orange County Superior Court Case No. 07CCO1265 c. Newport BeachlTustin v. City of Irvine (HCG), Orange County Superior Court Case Testimony given before the City Council is recorded. Yellow light indicates that the speaker has one minute for summation; and the red light will signify when the speaker's time limit is up. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the Office of the City Clerk located at 3300 Newport Boulevard during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachea.gov. No. 30- 2008. 0022885 -CU- W M- CXC d. Newport BeachlTustin v City of Irvine (Accessory Retail Business Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696 2. Group Homes Matters: Five matters all arising out of the Group Homes litigation brought against the City, as follows: a. Concerned Citizen's v. City of Newport Beach, U.S. District Court Case No. SACV 08- 00192 -JVS (RNBx) b. Sober Living By The Sea v. City of Newport Beach U.S. District Court Case No. SACV 08 -00200 JVS (RNBx) c. City of Newport Beach v. Morningside Recovery Orange County Superior Court Case No. 07CC11694 d. Pacific Shores v. Newport Beach U.S. District Court Case No. SACV 08 -00457 AG (PLAx) e. Newport Coast Recovery v. City of Newport Beach U.S. District Court Case No. SACV 09 -0701 DOC (ANx) 3. Group Homes Matters: Six matters all arising out of the Group Homes investigation brought against the City, as follows: a. Pacific Shores v. Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09 -08- 0592 -8 b. Newport Coast Recovery v. City of Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09.09- 0713 -8 c. Paul Murdoch v. City of Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0831 -8 d. The Kramer Center v. City of Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0833 -8 e. Oxford House v. City of Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0830.5 f. Yellowstone v. City of Newport Beach U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0834 -8 Testimony given before the City Council is recorded. Yellow light indicates that the speaker has one minute for summation; and the red light will signify when the speaker's time limit is up. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the Office of the City Clerk located at 3300 Newport Boulevard during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachea.gov. B. Conference with Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(b): One matter: Potential litigation regarding the issue of Charter City enforcement of the Newport Beach's massage regulations in the face of the new state law creating a state system for regulation of massage establishments. C. Conference with Labor Negotiators (Government Code 4 54957.6): Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee Organization: Multiple - Lifeguard Management Association; Police Management Association; and Police Employees Association D. Conference with Real Property Negotiator (Government Code $ 54956.8): Property: 608 E. Balboa Boulevard City Negotiator: Sharon Wood Negotiating Parties: Levon Gugasian Under Negotiation: Consideration of acquisition of property III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Mr. Frank Carpenter IY- PRESENTATIONS - None X. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the Council. Speakers must limit comments to five (5) minutes on agenda items. The Council has the discretion to extend or shorten the time limit on agenda or non - agenda items. As a courtesy, please turn cell phones off or set them in the silent mode. XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM) XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (I - 22) are considered by the Council to be routine and will all be enacted by one motion in the form listed below. The City Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, and state their name and item number. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. A. READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF NOVEMBER 10, 2009. 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. ORDINANCES FOR ADOPTION 3. ORDINANCE INCREASING THE BENEFIT ASSESSMENT LEVY OF THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (NBRA BID). Adopt Ordinance No. 2009 -26, setting the new benefit assessment to be levied. 4. NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT (PA2009 -111) - CODE AMENDMENT NO. CA2009 -005 AND PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2009 -003 - CONSIDERATION TO INCORPORATE PORTIONS OF BLOCK 100, BLOCK 400, BLOCK 800, AND NEWPORT VILLAGE INTO THE NORTH NEWPORT CENTER PLANNED COMMUNITY AND A CODE AMENDMENT TO CHANGE THE ZONING CLASSIFICATION OF THESE PROPERTIES FROM APF, PC -28, PC -23, AND PC -27 TO PC -56 ON DISTRICT MAP NOS. 48, 49, AND 50. Adopt Ordinance No. 2009 -28, approving Code Amendment No. CA2009.005 and Planned Community Development Plan Amendment No. PD2009 -003. C. ORDINANCES FOR INTRODUCTION 5. CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL DISTRICTS CODE AMENDMENT. Re- introduce Ordinance No. 2009 -27, adding Chapter 10.64 to the Newport Beach Municipal Code requiring a permit for construction and maintenance projects in residential districts, and amending Section 10.50.010 of the Newport Beach Municipal Code to include additional definitions, and amending Section 10.50.020 of the Newport Beach Municipal Code to include additional nuisances, and pass to second reading on December 8, 2009. 6. WATER UTILITY RATE INCREASE AND ORDINANCE AMENDMENT. a) Affirm the tabulated results of the water rate increase protest count from property owner and non - property owning customers; and b) introduce Ordinance No. 2009 -29, amending Newport Beach Municipal Code Chapter 14.12 (Water Rates and Charges), Section 14.12.020 (Water Rates Established), and pass to second reading on December 8, 2009. 7. AMENDMENT OF MUNICIPAL CODE TITLE 19 (SUBDIVISIONS) AND ADOPTION OF INCLUSIONARY HOUSING IN -LIEU FEE. a) introduce Ordinance No. 2009 -30, amending Title 19 (Subdivisions) of the Newport Beach Municipal Code, and pass to second reading on December 8, 2009; and b) adopt Resolution No. 2009 -82 setting the amount of in -lieu housing fee at $18,500 per market -rate unit and establishing an annual adjustment to the fee. 8. AMENDMENT TO THE NEWPORT BEACH MUNICIPAL CODE TITLE 9 - FIRE CODE. Introduce Ordinance No. 2009 -31, amending Title 9, Chapter 9.04, Section 9.04.040, Subsection 511 (Public Radio System Coverage) and Subsection 512 (Building Information) of the Newport Beach Municipal Code, and pass to second reading on December 8, 2009. D. RESOLUTIONS FOR ADOPTION 9. PORT RESTAURANT AND BAR APPEAL - 4400 HELIOTROPE AVENUE (PA2009 -080) - AMENDMENT TO USE PERMIT NO. 1566 AND OFF -SITE PARKING AGREEMENT NO. OP2009 -003. Adopt Resolution No. 2009 -83, approving an amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009 -003, subject to findings and conditions. 10. LOCAL TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010. Adopt Resolution No. 2009 -84, supporting the League of California Cities (League) sponsored ballot measure, "Local Taxpayer, Public Safety and Transportation Protection Act of 2010." 11. ACCEPTANCE OF ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP) REGULATION CHANGES. Adopt Resolution No. 2009- 85, ratifying and adopting the revisions to the Orange County Taxi Administration Program (OCTAP) Regulations. E. CONTRACTS AND AGREEMENTS 12. IRVINE TERRACE LANDSCAPE IMPROVEMENTS (C -3865) - COMPLETION AND ACCEPTANCE. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. 13. COMMUNITY YOUTH CENTER (CYC) ROOF REHABILITATION PROJECT (C -4195) - COMPLETION AND ACCEPTANCE. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. 14. JAMBOREE ROAD WIDENING OVER SR -73 (C -3724) - APPROVAL OF AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION. Approve Amendment No. 1 to the Cooperative Agreement between the City of Newport Beach (City) and the California Department of Transportation (Caltrans) to extend the agreement term for the Jamboree Road Widening over State Route 73 (SR -73) project. 15. EASTBLUFF PARK AND BONITA CREEK PARK RECYCLED WATER RETROFITS (C -4134) - AWARD OF CONTRACT. a) Approve the project drawings and specifications; b) award the contract (C -4134) to Green Giant Landscape, Inc. (Green Giant) for the total bid price of $470,328.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $50,000 to cover the cost of unforeseen work; and d) approve Budget Amendment No. 10BA -021 transferring $50,028.00 from Water Enterprise Account No. 7511 - C6002007 (Peninsula Point Water Main Improvements) to Water Enterprise Account No. 7511- C6002006 (Eastbluff Park Reclaimed Water Irrigation Project). 16. APPROVAL OF A NEGOTIATED PURCHASE OF ONE LADDER TRUCK AND TWO FIRE ENGINES FROM PIERCE MANUFACTURING INC. a) Waive Council Policy F -5 and Council- adopted purchasing procedures; and b) authorize staff to negotiate with Pierce Manufacturing Inc. of Wisconsin for the purchase of one new 100 -foot heavy-duty tiller ladder truck and two new 1250 GPM Triple Combination pumpers. 17. APPROVAL OF THE RANGE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF IRVINE FOR THE USE OF THE NEWPORT BEACH PISTOL RANGE AND POLICE TRAINING FACILITY. a) Approve the agreement between the City of Newport Beach and the City of Irvine for the use of the Newport Beach Pistol Range and Police Training Facility; and b) authorize the Mayor to sign the agreement on behalf of the City of Newport Beach. 18. 2010 RESTAURANT WEEKS WORK AGREEMENT. Approve and authorize the Mayor and City Clerk to sign the 2010 Restaurant Weeks Work Agreement among the City, Newport Beach Restaurant Association (NBRA) Business Improvement District and California Marketing Concepts. F. MISCELLANEOUS 19. PLANNING COMMISSION AGENDA FOR NOVEMBER 19, 2009. Receive and file written report. 20. BUDGET AMENDMENT TO ACCEPT A CHECK FROM CALIFORNIA STATE LIBRARY AND APPROPRIATE FUNDS FOR LITERACY SERVICES. Approve Budget Amendment No. 10BA -020 to increase expenditure appropriations by $20,000 in Division 4060, Literacy, and to increase revenue estimates for the same amount in Account No. 4010 -4832, California Library Literacy Services. 21. CONSIDERATION OF CREATING A COUNCIL POLICY REGARDING VOTING CITY LAND IN ASSESSMENT DISTRICT BALLOTING. Adopt the revised Assessment District Balloting Guidelines with the language directing how and when a decision for voting City land is made. 22. APPOINTMENT OF DEBBIE STEVENS TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Appoint Debbie Stevens to the Environmental Expertise seat on the Environmental Quality Affairs Citizens Advisory Committee (EQAC). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XV. PUBLIC COMMENTS Public comments are invited on non - agenda matter jurisdiction of the Council. Speakers speaking, please state your name for the record. XVI. PUBLIC HEARINGS items generally considered to be within the subject must limit comments to three (3) minutes. Before 23. COST RECOVERY ORDINANCE (CHAPTER 3.36), FEE RESOLUTION AND MASTER FEE SCHEDULE. Action: a) Conduct public hearing; b) introduce Cost Recovery Ordinance No. 2009- 32, amending Chapter 3.36 of the Newport Beach Municipal Code, and pass to second reading on December 8, 2009; and c) adopt Resolution No. 2009- 86, updating the Master Fee Schedule. 24. NEWPORT BEACH CIVIC CENTER PROJECT: RESOLUTION NO. 2009 -87 CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE CITY HALL AND PARK DEVELOPMENT PLAN; RESOLUTION NO. 2009 -88 ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND APPROVING SCHEMATIC DESIGN FOR THE PROJECT; AND AUTHORIZATION TO PREPARE A DESIGN -BUILD REQUEST FOR PROPOSAL (RFP) FOR THE PARKING STRUCTURE. Action: a) Conduct public Hearing on the City Hall and Park Development Project's Final Environmental Impact Report (FEIR); b) adopt Resolution No. 2009- 87 certifying the City Hall and Park Development Project's FEIR (SCH. No. 2009041010) and adopting a Mitigation Monitoring and Reporting Program; c) exempt the project from the zoning and development regulations of the NBMC and the Newport Village Planned Community Development Plan; d) adopt Resolution No. 2009 -88 adopting a Statement of Overriding Considerations and approving the Schematic Design for the Civic Center Project (aka the City Hall and Park Development Plan); and e) authorize staff and the construction manager (CW Driver) to prepare a Design -Build Request for Proposals (RFP) to construct the proposed 450 -space parking structure. 25. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMITS AND REASONABLE ACCOMMODATIONS - YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC. - 1561 INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) (UP 2008 -034) (RA 2009 -004) (PA 2008 -105); 1621 INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) (UP 2008 -035) (RA 2009 -005) (PA 2008 -106); 1571 PEGASUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) (UP 2008- 036) (RA 2009 -006) (PA 2008 -107); AND 20172 REDLANDS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) (UP 2008 -037) (RA 2009 -007) (PA 2008 -108). (Continued from the September 22, 2009, Council meeting] Action: Continue the item to an Adjourned Regular Meeting of the City Council on Wednesday, December 2, 2009, at 6:00 p.m. XVII. CURRENT BUSINESS 26. COUNCIL REVIEW OF STAFF STATUS REPORT ON SIX OF THE CITY COUNCIL'S 2009 PRIORITIES. Action: Review and comment, as desired. 27. FACILITIES FINANCING PLAN (FFP) REVIEW. Action: Receive, discuss, and accept the Facilities Financing Plan (FFP). XVIII. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side. XDf. ADJOURNMENT - Adjourn to Wednesday, December 2, at 6:00 p.m. for an Adjourned Regular Meeting to consider the Yellowstone Recovery use permit and reasonable accommodations appeals.