HomeMy WebLinkAbout00 - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, July 14, 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
HOMER BLUDAU - 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 web site. The address is:
http://www.city.newport-beach.ca.us/
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 & PAGERS OFF OR SET IN SILENT MODE.
NEWPORT BEACH CITY COUNCIL AGENDA
COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD
July 14, 2009
I. STUDY SESSION - 4:00 p.m.
I1. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. Conference with Legal Counsel - Existing Litigation (Government Code
§ 54966.9(a)j:
Status Report on Pending Litigation: We will report on a global basis on all
pending litigation involving the City. This is an informational item only. No action,
however, may be taken on any item unless it is specifically noticed below.
2. Group Homes Matters: Five matters all arising out of the Group Homes litigation
brought against the City, as follows:
Concerned Citizen's v. City of Newport Beach
U.S. District Court Case No. SACV 08- 00192 -JVS (RNBx)
Sober Living By The Sea v. City of Newport Beach
U.S. District Court Case No. SACV 08 -00200 JVS (RNBx)
City of Newport Beach v. Morningside Recovery
Orange County Superior Court Case No. 07CC11694
Pacific Shores v. Newport Beach
U.S. District Court Case No. SACV 08 -00457 AG (PLAx)
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:
• Pacific Shores v. Newport Beach
U.S. Dept. of Housing & Urban Development Investigation No. 09- 08- 0592 -8
• Newport Coast Recovery v. City of Newport Beach
U.S. Dept. of Housing & Urban Development Investigation No. 09.09- 0713 -8
• Paul Murdoch v. City of Newport Beach
U.S. Dept. of Housing & Urban Development Investigation No. 09 -09- 0831 -8
• The Kramer Center v. City of Newport Beach
U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0833 -8
Oxford House v. City of Newport Beach
U.S. Dept. of Housing & Urban Development Investigation No. 09- 09- 0830 -8
Yellowstone v. City of Newport Beach
U.S. Dept, of Housing & Urban Development Investigation No. 09 -09- 0834 -8
4. IBC Litigation Matters: Four matters, all arising out of the IBC Litigation
against the City of Irvine:
Newport BeachlTustin v. City of Irvine (Martin Street), Orange County
Superior Court Case No. 07CCO1264
TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED.
RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP,
YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION.
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 3800 NEWPORT BLVD. DURING NORMAL BUSINESS HOURS. IN ADDITION, SUCH WRITINGS AND
DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT W WW.CITY.NEWPORT- BEACH.CA.US
Newport Beach/Tustin v. City of Irvine (2851 Alton), Orange County
Superior Court Case No. 07CCO1265
Newport Beach/Tustin v. City of Irvine (HCG), Orange County Superior
Court Case No. 30- 2008 - 0022885- CU- WM -CXC
Newport BeachJTustin v. City of Irvine (Accessory Retail Business
Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696
B. Conference With Legal Counsel - Anticipated Litigation - Exposure to Litigation
(Government Code § 54956.90): One matter:
1. Potential exposure to litigation on one matter based upon facts and circumstances
that might result in litigation against the City but which are not yet known to a
potential plaintiff or plaintiffs and disclosure of the facts or circumstances would
jeopardize the City's ability to resolve the matter.
C. Public Employee Performance Evaluation (Government Code § 54957(b)(1)):
Title: City Clerk
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 - City Manager Homer Bludau
D:. PRESENTATIONS
AYSO 57 Presentation of the Mayors Cup Trophy
Recognizing July 2009 as Parks and Recreation Month
Proclamation in Honor of the Corona del Mar Library's 5001 Anniversary
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 and pagers off or set them in the
silent mode.
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XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR
REPORT (NON- DISCUSSION ITEM)
II. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR (1 - 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 JUNE 23, 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. ORDINANCE FOR ADOPTION
3. AMENDMENT OF CAMPAIGN CONTRIBUTION ORDINANCE, AS
REVISED, TO INCREASE THE LIMIT ON INDIVIDUAL CAMPAIGN
CONTRIBUTIONS TO $1,000, AND PROVIDE FOR ADJUSTMENT OF
CONTRIBUTION LIMITS BASED ON THE CONSUMER PRICE INDEX.
Adopt Ordinance No. 2009 -14, amending Chapter 1.25 of the Newport Beach
Municipal Code.
C. RESOLUTION FOR ADOPTION
4. CONSTRUCTION/MAINTENANCE ACTIVITIES CODE AMENDMENT
INITIATION. Adopt Resolution No. 2009 -_ to initiate the code amendment to
limit construction and maintenance activities in required setback areas of
residential districts.
D. CONTRACTS AND AGREEMENTS
5. CENTRAL WATERSHED MANAGEMENT AREA COOPERATIVE
AGREEMENT AMENDMENT. Adopt Resolution No. 2009 -_ to amend the
cooperative agreement for the Newport Bay Watershed and the Central Watershed
Management Area, and authorize the Mayor and City Clerk to execute the
Amendment.
6. CENTRAL LIBRARY AIR CONDITIONING REHABILITATION (C -4138) -
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.
DOVER DRIVE STREET IMPROVEMENT PROJECT (C -3652) -
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.
8. WEST OCEAN FRONT ALLEY - WATER MAIN REPLACEMENT (C -4007) -
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.
9. FISCAL YEAR 2007 -2008 TRAFFIC SIGNAL REHABILITATION PROJECT
(C -3932) - 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.
10. ON -CALL PUMP REPAIR AND MAINTENANCE SERVICES - APPROVAL
OF AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
ORANGE COUNTY PUMP CORPORATION. Approve Amendment No. 1 to
Professional Service Agreement with Orange County Pump Corporation for on -call
pump repair and maintenance services, and authorize the Mayor and City Clerk to
execute the Amendment.
11. ASPHALT REPAIRS - APPROVAL OF AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT WITH HARDY & HARPER, INC. Approve
Amendment No. 2 to Professional Services Agreement with Hardy & Harper, Inc.
for on -call asphalt repair services, and authorize the Mayor and City Clerk to
execute Amendment No. 2.
12. AMENDMENT TO THE AGREEMENT WITH TRUGREEN LANDCARE, LLC
FOR THE LANDSCAPE MAINTENANCE OF CITY PARKS AND
FACILITIES. Approve the amendment to the existing agreement with TruGreen
Landcare, LLC for the landscape maintenance at Coastal Peak Park at a cost of
$106,020 per year.
13. CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING FOR
TRAFFIC ENGINEERING SERVICES. Approve a Professional Services
Agreement with RBF Consulting, Inc. of Irvine, for traffic engineering services at a
contract price of $99,500, and authorize the Mayor and the City Clerk to execute
the Agreement.
14, PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA
CONSULTING FOR ENVIRONMENTAL SERVICES RELATED TO
NEWPORT BANNING RANCH DEVELOPMENT. Receive and file.
15. TSUNAMI WARNING SYSTEM (C -4152) - APPROVE DRAWINGS AND
SPECIFICATIONS, AND AUTHORIZE PERMISSION TO ADVERTISE.
a) Approve the drawings and specifications; and b) authorize staff to advertise the
project once the Coastal Development Permit is issued.
16. PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL
(CEQA) AND ENGINEERING TASKS ASSOCIATED WITH A CONFINED
AQUATIC DISPOSAL (CAD) SITE IN NEWPORT HARBOR. a) Authorize the
Mayor and City Clerk to execute a Professional Services Agreement with Anchor
QEA, L.P. to conduct initial CEQA and engineering design work for a CAD in
Newport Harbor; and b) approve a budget amendment (IOBA -001) appropriating
$395,000 from unappropriated reserves (tidelands) to Capital Improvement Project
#7231- C4402001 (Newport Harbor Dredging Project).
E. MISCELLANEOUS
17. AUTHORIZATION TO PURCHASE FOUR (4) COMPRESSED NATURAL
GAS (CNG) REFUSE COLLECTION TRUCKS. a) Authorize the purchase of
two (2) Autocar WXLL64 /ACX64 CNG front loader refuse collection trucks from
Carmenita Truck Center in the amount of $244,461 each; b) authorize the purchase
of two (2) Peterbilt 320 CNG rear loader refuse collection trucks from Rush Truck
Center in the amount of $203,691 each; and c) approve a budget amendment (10BA-
002) transferring $154,000 from unappropriated AQMD Fund surplus to Account
2766 -9108 (AQMD Division -Alternate Fuel Vehicles) to supplement the funding of
this purchase.
18. COUNCIL DECISION TO DISPENSE HOLDING THE AUGUST 25TH
REGULAR CITY COUNCIL MEETING. Forego the regular August 25te Council
meeting.
19. 2009 -2010 CULTURAL ARTS GRANTS. Approve recommended recipients for
FY 2009 -2010 Cultural Arts Grants as selected by the City Arts Commission in
accordance with City Policy I -12 - Reserve Fund for Culture and Arts.
20. PURCHASE OF CARDIAC MONITOR/DEFIBRILLATORS (ZOLL E
SERIES). a) Approve a budget amendment (IOBA -003) to transfer $51,578 from
the Unappropriated General Fund Paramedic Reserves to account 2340 -9300,
increasing expenditure appropriates in 2340 -9300 by $51,578; and b) authorize the
purchase of six Zoll E Series Cardiac Monitor/Defibrillators for $153,578 from Zoll
Medical Corporation.
21. ORDINANCE TO PROVIDE THE PUBLIC WORKS DIRECTOR THE
AUTHORITY TO ADOPT NEW EDITIONS OF THE STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. Set a public
hearing for the second reading of Ordinance No. 2009.13 for July 28, 2009, to add
Chapter 75 of Title 15 of the Newport Beach Municipal Code and adopt the
ordinance.
22. HARBOR AREA MANAGEMENT PLAN (HAMP) - FINAL ADOPTION.
Adopt the Harbor Area Management Plan (RAMP) as a planning document which
builds an integrated and sustainable program that addresses the beneficial uses of
Newport Harbor.
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 HEARINGS
23. AERIE (PA 2005 -196) - 201 -205 & 207 CARNATION AVENUE & 101 BAYSIDE
PLACE: GENERAL PLAN AMENDMENT NO. GP2005 -006; COASTAL LAND USE
PLAN AMENDMENT NO. LC2005 -002; CODE AMENDMENT NO. CA2005 -009;
TRACT MAP NO. NT2005 -004 (TTM16882); MODIFICATION PERMIT NO. MD2005-
087; COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO: CR2005 -002; AND
ENVIRONMENTAL IMPACT REPORT NO. ER2008 -002 (SCH. NO. 2007021054).
17:20 p.m. time certain]
Action: a) Conduct public hearing; b) adopt Resolution No. 2009 -_ certifying the
Final Environmental Impact Report (SCH. No. 2007021054) and adopting a
Mitigation Monitoring and Reporting Program; c) adopt Resolution
No. 2009 - adopting a Statement of Overriding Considerations and
approving General Plan Amendment No. GP2005 -006, Coastal Land Use
Plan Amendment No. LC2005 -002, Newport Tract Map No. NT2005 -004
(TTM16882), Modification Permit No. MD2005 -087 and Coastal Residential
Development Permit No. CR2005 -002, subject to the attached findings and
conditions; and d) introduce Ordinance No. 2009 -_ amending Zoning
Districting Map thereby approving Code Amendment No. 2005 -009, and
pass to second reading on July 28, 2009.
24. COASTAL LOCAL USE PLAN UPDATE - LC2007 -001 (PA2007 -027) -
COMPREHENSIVE UPDATE TO THE COASTAL LAND USE PLAN AS MODIFIED
BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 5, 2009, TO
REFLECT THE LOCATION, TYPE, DENSITIES, AND INTENSITIES OF LAND
USES ESTABLISHED BY THE NEW LAND USE ELEMENT AND TO
INCORPORATE OTHER NEW POLICIES OF THE GENERAL PLAN.
Action: a) Conduct public hearing; b) adopt Resolution No. 2009 -_ adopting the
Coastal Land Use Plan with the modifications approved by the California
Coastal Commission.
XVL PUBLIC COMMENTS
Public Comments are invited on non- agenda items generally considered to be within the subject
matter jurisdiction of the Council. Speakers must limit comments to three (3) minutes. Before
speaking, please state your name for the record.
XVII. CURRENT BUSINESS
25. DESIGNATION OF VOTING DELEGATES FOR 2009 LEAGUE ANNUAL
CONFERENCE - SEPTEMBER 16 - 18, 2009, IN SAN JOSE.
Action: Designate as the City's Voting Delegate for the
Conference and as the Voting Alternate(s) (two
alternates allowed).
26. INITIATION OF GENERAL PLAN AMENDMENT RELATED TO COASTAL LAND
USE PLAN AMENDMENT NO. 2007-001.
Action: Adopt Resolution No. 2009 -_ initiating an amendment of the General
Plan to change the land use designations of properties within 11 areas of
the Coastal Zone.
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27. APPOINTMENT OF COUNCIL MEMBER NANCY GARDNER TO LEAGUE OF
CALIFORNIA CITIES COASTAL CITIES ISSUES GROUP (CCIG).
Action: While formal appointment has not been requested, it is recommended that
the City Council appoint Council Member Nancy Gardner to serve on the
Coastal Cities Issues Group (CCIG) and meet with the California Coastal
Commission on August 12, 2009, in San Francisco to engage in discussion of
issues the City Council believe are appropriate, and give input to Council
Member Gardner.
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.
XDC ADJOURNMENT