Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, November 10, 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.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 November 10, 2009 I. STUDY SESSION - 3:30 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. Conference with Legal Counsel - Existing Litigation (Government Code 4 54956.9(a)): Seven matters: 1. 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. IBC Litigation Matters: Four matters, all arising out of the IBC Litigation against the City of Irvine: a. Newport Beach/Tustin 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 No. 30- 2008 - 0022885- CU- WM -CXC d. Newport Beach/Tustin v. City of Irvine (Accessory Retail Business Regulations), Orange County Superior Court Case No. 30 -2009- 00264696 3. Padgett v. City of Newport Beach, Orange County Superior Court Case No. 30- 2009. 00299129 4. Kim v. City of Newport Beach, Orange County Superior Court Case No. 30 -2009- 00305296 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 - Cub Scout Pack 325 VIII. INVOCATION - Father Ven Ilano, Catholic Priest of the Dais of Richmond, Virginia 1 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.newportbeachca.gov. IX. PRESENTATIONS Introduction of Orange County Transportation Authority (OCTA) CEO, Will Kempton Employee Recognition by the City Manager 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 (1 - 12) 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 lite 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 27, 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 INTRODUCTION 3. CHAPTER 14.17 (WATER EFFICIENT LANDSCAPING) OF THE NEWPORT BEACH MUNICIPAL CODE. Introduce proposed Water Efficient Landscaping Ordinance No. 2009 -_ and accompanying Design Standards, which will replace Chapter 14.17 of the Newport Beach Municipal Code, and pass to second reading on November 24, 2009. C. RESOLUTION FOR ADOPTION 4. RESOLUTION REQUESTING APPROVAL FROM CALIFORNIA PUBLIC EMPLOYMENT RETIREMENT SYSTEM (CALPERS) BOARD OF ADMINISTRATION EXTENDING THE EMPLOYMENT OF INTERIM POLICE CHIEF. a) Adopt Resolution No. 2009 -_ requesting the employment extension per Government Code Section 21221(h) for Interim Police Chief Robert Luman to expire non later than June 30, 2010; and b) authorize the City Manager to renew the employment agreement between the City of Newport Beach and Robert Luman complying with Government Code Section 21221(h). D. CONTRACTS AND AGREEMENTS 5. JUSTICE ASSISTANCE GRANT - ANNUAL AWARD. Approve Agreement to transfer funds for Fiscal Year 2009, Justice Assistance Grant annual award, and authorize the City Manager to execute the Agreement. 6. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ANCHOR QEA FOR ENGINEERING AND ENVIRONMENTAL TASKS ASSOCIATED WITH DREDGING AND DISPOSAL FOR A LOWER BAY DREDGING PROJECT IN NEWPORT HARBOR. a) Approve Amendment No. 1 to Professional Services Agreement (PSA) with Anchor QEA, L.P. to prepare an MND and EIR for two options for the contaminated disposal component of a Lower Bay dredging project; and b) approve a budget amendment (10BA -019) taking $40,000 in unappropriated Tidelands Fund Balance and assigning these funds to Capital Improvement Project #7231- C4402001 (Newport Harbor Dredging Project). 7. PLAYGROUND RESILIENT SURFACE RENOVATION - AWARD OF CONTRACT (C4228). a) Approve the project plans and specifications; b) award the contract (C -4228) to R.E. Shultz Construction for the total bid price of $64,135, and authorize the Mayor and the City Clerk to execute the contract; and c) establish a contingency amount of $17,365 (27 %) to cover the cost of unforeseen work. 8. CORONA DEL MAR STREET REHABILITATION PROJECT - PHASE 2 - AWARD OF CONTRACT (C- 4140). a) Approve the project plans and specifications; b) award the contract (C -4140) to Imperial Paving Company, Inc. for the total bid price of $964,055.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish a construction contingency amount of $97,000 (approximately 10 %) to cover the cost of unforeseen work; and d) approve a budget amendment (10BA -018) appropriating $1,252,014 from the unappropriated Proposition 1B fund balance to Account 7185- C2002037 (Local Streets and Roads Program). 9. 2008 -2009 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM (C -4072) - NOTICE OF COMPLETION. 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. E. MISCELLANEOUS 10. PLANNING COMMISSION AGENDA FOR NOVEMBER 5, 2009. Receive and file written report. 11. HUMAN SERVICES GRANTS FOR 2009 -2010. Authorize the allocation of $25,000 in Human Services Grants as outlined in the staff report. 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 049 XVI. PUBLIC COMMENTS Public comments are invited on non- agenda matter jurisdiction of the Council. Speakers speaking, please state your name for the record. PUBLIC HEARINGS items generally considered to be within the subject must limit comments to three (3) minutes. Before 12. INTRODUCTION OF AN ORDINANCE INCREASING THE BENEFIT ASSESSMENT LEVY OF THE NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (NBRA BID). Action: a) Conduct public hearing; and b) introduce Ordinance No. 2009 -_ setting the new benefit assessment to be levied, and pass to second reading on November 24, 2009. 13. CONSTRUCTION AND MAINTENANCE PROJECTS IN RESIDENTIAL DISTRICTS CODE AMENDMENT. Action: a) Conduct public hearing; b) introduce Ordinance No. 2009 -_ approving the Code Amendment, and pass to second reading on November 24, 2009. 14. WATER CONSERVATION ORDINANCE. Action: a) Conduct public hearing; and b) adopt Ordinance No. 2009.24 amending Chapter 14.16 of the Newport Beach Municipal Code. 16. WATER UTILITY RATE INCREASE. Action: a) Conduct public hearing to accept comments on the proposed water rate increase and at the conclusion of the hearing close the 45 -day Proposition 218 written protest period; b) direct staff to prepare a report for November 24, 2009 to announce the results of the Proposition 218 procedure as tabulated by the City Clerk; and c) introduce Ordinance No. 2009 -_ on November 24, 2009 amending Chapter 14.12, Water Rates and Charges, of the Newport Beach Municipal Code, and pass to second reading on December 8, 2009. 16. PORT RESTAURANT AND BAR APPEAL - 4400 HELIOTROPE AVENUE (PA2009- 080) - AMENDMENT TO USE PERMIT NO. 1566 AND OFF -SITE PARKING AGREEMENT NO. OP2009 -00. Action: a) Conduct a de novo public hearing; and b) adopt Resolution No. 2009- - denying the appeal and upholding and affirming the decision of the Planning commission to disapprove an amendment to Use Permit No. 1566 and disapprove Off -site Parking Agreement No. OP2009 -003. XVII. 17. 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. Action: a) Conduct a public hearing; and b) introduce Ordinance No. 2009 -_ approving Code Amendment No. CA2009 -005 and Planned Community Development Plan Amendment No. PD2009 -003, and pass to second reading on November 24, 2009. 18. PACIFIC SHORES PROPERTIES, LLC - 492 AND 492'/8 ORANGE AVENUE, 3309 CLAY STREET - REASONABLE ACCOMMODATION NO. 2008 -001 (PA2008 -181) - RESOLUTION MODIFYING HEARING OFFICER'S DENIAL WITHOUT PREJUDICE OF REASONABLE ACCOMMODATION REQUEST NO. 5; RESOLUTIONS SUSTAINING HEARING OFFICER'S DENIAL WITH PREJUDICE OF REASONABLE ACCOMMODATION REQUEST NOS. 1, 2, AND 4, AND APPROVAL OF REASONABLE ACCOMMODATION REQUEST NO. 3. Action: a) Adopt three Resolution denying the appeals, and upholding and affirming the Hearing Officer's decision to deny with prejudice Request Nos. 1, 2, and 4 of Reasonable Accommodation No. 2008 -001; b) adopt a Resolution upholding and affirming the Hearing Officer's decision to approve Request No. 3 of Reasonable Accommodation No. 2008 -001; and c) adopt a Resolution granting the appeal and modifying the Hearing Officer's decision to deny without prejudice Request No. 5, and to conditionally grant Request No. 5 of Reasonable Accommodation No. 2008 -001 subject to the Conditions of Approval in the exhibit. 19. CIVIC CENTER PROJECT UPDATE. Action: Receive and file. 20. CITY HALL AND LIMITED OFF -SITE HOLIDAY CLOSURE (DECEMBER 24, 2009 AT 12:00 NOON THROUGH AND INCLUDING JANUARY 1, 2010) - AMENDMENT TO VARIOUS MEMORANDA OF UNDERSTANDINGBENEFIT DOCUMENTS. Action: Approve the closure of the City Hall complex and provide limited City services at off -site facilities as determined by Department and approved by the City Manager - notification to the public of the schedule will be made in order to limit problems with this reduced service period. 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. XIX. ADJOURNMENT