HomeMy WebLinkAboutRegular Meeting Agenda - Regular Meeting AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, October 27, 2009
Regular Council Meeting - 7:00 p.m.
EDWARD D. SELICH
Mayor
KEITH D. CURRY DON WEBB
Mayor Pro Tem 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.newportbeachea.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
October 27, 2009
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - After Study Session - Council Chambers Conference Room
1. Conference with Leal Counsel - Existing Litigation (Government Code
$54956.9(a)1: Eighteen matters:
A. IBC Litigation Matters: Four matters, all arising out of the IBC Litigation against
the City of Irvine:
1. Newport Beach/Tustin v. City of Irvine (Martin Street), Orange County
Superior Court Case No. 07CCO1264
2. Newport Beach/Tustin v. City of Irvine (2851 Alton), Orange County Superior
Court Case No. 07CC01265
3. Newport Beach/Tustin v. City of Irvine (HCG), Orange County Superior Court
Case No. 30- 2008 - 0022885- CU- WM -CXC
4. Newport Beach/Tustin v. City of Irvine (Accessory Retail Business
Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696
B. Group Homes Matters: Five matters all arising out of the Group Homes litigation
brought against the City, as follows:
1. Concerned Citizen's v. City of Newport Beach, U.S. District Court Case
No. SACV 08- 00192 -JVS (RNBx)
2. Sober Living By The Sea v. City of Newport Beach, U.S. District Court Case
No. SACV 08 -00200 JVS (RNBx)
S. City of Newport Beach v. Morningside Recovery, Orange County Superior
Court Case No.07CC11694
4. Pacific Shores v. Newport Beach, U.S. District Court Case No. SACV 08 -00457
AG (PLAx)
6. Newport Coast Recovery v. City of Newport Beach, U.S. District Court Case
No. SACV 09 -0701 DOC (ANx)
C. Group Homes Matters: Six matters all arising out of the Group Homes investigation
brought against the City, as follows:
1. Pacific Shores v. Newport Beach, U.S. Dept. of Housing & Urban Development
Investigation No. 09 -08- 0592 -8
2. Newport Coast Recovery v. City of Newport Beach, U.S. Dept. of Housing &
Urban Development Investigation No. 09 -09- 0713.8
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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.
3. Paul Murdoch v. City of Newport Beach, U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09- 0831 -8
4. The Kramer Center v. City of Newport Beach, U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09- 0833 -8
5. Oxford House v. City of Newport Beach, U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09. 0830 -8
6. Yellowstone v. City of Newport Beach, U.S. Dept. of Housing & Urban
Development Investigation No. 09 -09- 0834 -8
D. McCollum v. Newport Beach, Orange County Superior Court Case No. 30.2009-
00309287.
2. Conference with Labor Neeotiators (Government Code 154957.6
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
3. Conference with Real Property Neeotiator (Govern_ment Code §54956.8
Property: 608 E. Balboa Boulevard
City Neeotiator: 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
IX. PRESENTATION
Presentation from Goodwill Industries of Orange County for E -Waste Partnership
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)
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XII. CONSENT CALENDAR
All matters listed under CONSENT CALENDAR (1 - 8) 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 OCTOBER 13, 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 TO MUNICIPAL CODE CHAPTER 9.04.030, SUBSECTION
307.4.2.1 (FIRE RING POLICY UPDATE). Adopt Ordinance
No. 2009 -23 amending Municipal Code Section 9.04.030, Subsection 307.4.2.1, to
clarify the public use of fire rings at any beach, park, or other public place.
C. CONTRACTS AND AGREEMENTS
4. AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS
- AWARD OF CONTRACT (C- 3967). a) Approve the project drawings; b) award
contract (C -3967) to Tal Cal Engineering, Inc. for the total bid price of $197,565.00
and authorize the Mayor and the City Clerk to execute the contract; and
c) establish an amount of $20,000 to cover the cost of unforeseen work.
5. RHINE WHARF REPAIRS & PUBLIC DOCK - AWARD OF CONTRACT
(C- 3821). a) Approve the project drawings and specifications; b) award contract
(C -3821) to Associated Pacific Constructors, Inc. for the total bid price of
$430,539.84 including the base bid price of $374,539.84, and an additive bid item 1
of $56,000, and authorize the Mayor and the City Clerk to execute the contract; and
c) establish an amount of $64,580.00 (15 %) to cover the cost of unforeseen work.
6. MCFADDEN SQUARE PHASE II - AWARD OF CONTRACT (C4365). a)
Approve the project drawings and specifications; b) declare the apparent low bid
submitted by C.A. Odell Contractor as nonresponsive; c) declare the 2od low bid
submitted by EBS Concrete, Inc. as the low responsive bid; d) award (C -4365) to
EBS Concrete, Inc. for the total bid price of $32,150.00 and authorize the Mayor
and the City Clerk to execute the contract; and e) establish an amount of $5,850.00
to cover the cost of unforeseen work.
D. MISCELLANEOUS
7. APPOINTMENTS TO THE TASK FORCE ON CYCLING SAFETY. a) Adopt
Resolution No. 2009 - amending Resolution No. 2009 -67 regarding the
membership of the Task Force on Cycling Safety; and b) confirm the Mayor's
appointments to the Task Force on Cycling Safety - Daniel Murphy (Balboa
Peninsula or West Newport Beach Area); Francis (Frank) Peters (Corona del Mar
Area); Jim Sweet (Newport Coast Area); and Sean Matsler, Tony Petros, and John
Tzinberg (At -large Residents).
8. REVISION TO COUNCIL POLICY A-6 (OPEN MEETING POLICIES) AS IT
PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS.
Approve the revisions to Council Policy A -6.
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 inuited 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.
XVI. PUBLIC HEARINGS
9. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMIT AND
REASONABLE ACCOMMODATION - 1216 WEST BALBOA BOULEVARD
(NEWPORT COAST RECOVERY, LP) (PA2008 -104). (7:30 p.m. time certain)
Action: a) Conduct public hearing; b) determine whether substantial evidence in the
record supports the Hearing Officer's decision to deny Newport Coast
Recovery' applications for the use permit and reasonable accommodations;
c) if City Council determines that substantial evidence supports the denials,
the City Council should sustain the decisions of the Hearing Officer; and d)
if the City Council determines that substantial evidence in the record does
not support any of the denials, the City Council must then choose between
one of three possible actions: 1) reverse the Hearing Officer's decision and
authorize the issuance of a use permit or one of the requested reasonable
accommodations to Newport Coast Recovery, subject to such conditions the
City Council determines are appropriate based upon the evidence in the
hearing record; OR 2) modify the Hearing Officer's decision denying the use
permit and/or reasonable accommodation to Newport Coast Recovery based
upon the evidence in the hearing record; OR 3) remand the matter to the
Hearing Officer for further consideration, which remand shall include
direction either to consider specific issues, or to conduct a de novo hearing
on whether to grant, conditionally grant, or deny a use permit and/or
reasonable accommodation to Newport Coast Recovery.
10. APPEAL OF HEARING OFFICER'S DENIAL OF REASONABLE
ACCOMMODATION - 492 AND 492Y, ORANGE AVENUE, 3309 CLAY STREET
(PACIFIC SHORES PROPERTIES, LLC). [7.•30 p.m. time certain]
Action: a) Conduct public hearing; b) determine whether substantial evidence in the
record supports the Hearing Officer's decision to deny Pacific Shores'
applications for the use permit and reasonable accommodations; c) if City
Council determines that substantial evidence supports the denial, the
Council should sustain the decision of the Hearing Officer; and d) if the City
Council determines that substantial evidence in the record does not support
any of the denials, the Council must then choose between one of three
possible actions: 1) reverse the Hearing Officer's decision and authorize the
issuance of a use permit or one of the requested reasonable accommodations
to Pacific Shores, subject to such conditions the City Council determines are
appropriate based upon the evidence in the hearing record; OR 2) modify
the Hearing Officer's decision denying reasonable accommodation to Pacific
Shores at some or all of the subject addresses based upon the evidence in
the hearing record; OR 3) remand the matter to the Hearing Officer for
further consideration, which remand shall include direction either to
consider specific issues, or to conduct a de novo hearing on whether to
grant, conditionally grant, or deny reasonable accommodation to Pacific
Shores.
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
XVIII.
11. PLANNING COMMISSION AGENDA FOR OCTOBER 22, 2009.
Action: a) Receive oral report on the most recent Planning Commission actions;
b) Council Member appeal of Planning Commission, Zoning Administrator
or Planning Director approvals subject to appeal; and c) receive and file
written report.
12. WATER CONSERVATION ORDINANCE.
Action: a) Introduce Ordinance No. 2009 -_ amending Chapter 14.16 of the
Newport Beach Municipal Code; and b) set a public hearing relative to the
Ordinance for Tuesday, November 10, 2009, at which time additional public
testimony will be taken and the Ordinance will be heard for a second time.
13. COUNCIL PRIORITIES STATUS REPORT.
Action: Review and comment, as desired.
XIX 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.
XX. ADJOURNMENT