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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, NOVEMBER 9, 2010, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD KEITH D. CURRY Mayor MICHAEL F. HENN DON WEBB Mayor Pro Tem EDWARD D. SELICH Council Member Council Member LESLIE J. DAIGLE Council Member STEVEN ROSANSKY NANCY GARDNER Council Member Council Member DAVE KIFF - City Manager DAVID HUNT - City Attorney LEILANI BROWN- City Clerk DANA SMITH - 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 9, 2010 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)): Three 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. NextG u. City of Newport Beach, USDC Case No. SACV10 -01286 DOC (Jcx). 3. Pike v. City of Newport Beach, USDC Case No. 08 -8580 DSF (RNBx). B. Conference With Legal Counsel - Anticipated Litigation - Exposure to Litigation (Government Code § 54956.9(b): Two matters: 1. Potential litigation regarding threat of notice of violation from California Coastal Commission for brush clearance allegedly being performed without a Coastal Development Permit on City Sunset Ridge Park property prior to City ownership. 2. Potential litigation over raising mooring fees within the harbor. C. Conference with Labor Negotiators (Government Code § 54957.6): Agency Designated Representatives: Negotiator Bill Avery; Human Resources Director Terri Cassidy Employee Organizations: Newport Beach City Employees Association (CEA); Newport Beach Professional and Technical Employees Association (Prof- Tech); Fire Management Association (FMA) D. Public Employee Performance Evaluation (Government Code § 54957(b)(1)): The City Council will meet in closed session to consider the appointment, employment, evaluation of performance, discipline, or dismissal of one public employee. Title; City Attorney 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 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. VIII. INVOCATION — Reverend Peter D. Haynes Saint Michael and All Angels Episcopal Church I� Presentation on Pt Battalion, Pt Marines (1 /1) Foundation Upcoming Events 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 XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 — 9) 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 MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE REGULAR MEETING AND STUDY SESSION OF OCTOBER 26, 2010. 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. RESOLUTION FOR ADOPTION 3. SUMMARY VACATION OF A PUBLIC SAFETY EASEMENT — 2128 AND 2140 MESA DRIVE. Adopt Resolution No. 2010 -_ ordering the summary vacation of a 30 -foot public safety easement over a private alley bounded between Mesa Drive and Birch Street. C. CONTRACTS AND AGREEMENTS 4. OASIS PARKING LOT WEST AND FIFTH AVENUE RESURFACING PROJECT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4524. 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. 5. PRINTING SERVICES FOR THE NEWPORT NAVIGATOR AND SUMMER CAMP BROCHURES. a) Award printing services for the Newport Navigator and Summer Camp brochures to Trend Offset Printing Services, Inc. ( "Trend "); and b) authorize the City Manager or designee to award up to three (3) additional years of printing services for the Newport Navigator and Summer Camp brochures to Trend with annual price increases based on Consumer Price Index (CPI) and /or paper costs. D. MISCELLANEOUS 6. APPROVAL OF COST -OF- SERVICES RELATED TO HARBOR FEES. Approve the cost -of- services related harbor fees for inclusion in the next fee schedule. ORANGE COUNTY REAL ESTATE FRAUD PROSECUTION TRUST FUND AWARD. Authorize the City Council to accept a $50,000 award granted to the Police Department by the Orange County Real Estate Fraud Prosecution Trust Fund per Council Policies F -3 and F -25. Therefore, to comply with Council Policy F -3, City Council must formally accept the award of $50,000 and create a new appropriation to expend the money. 8. HARBOR AREA MANAGEMENT PLAN (HAMP) — FINAL ADOPTION. Adopt the HAMP as a Framework for building integrated and sustainable programs that address the beneficial uses of Newport Harbor. 9. CHAIR OF THE CITIZENS BICYCLE SAFETY COMMITTEE. Appoint Council Member Gardner as the Chair of the Citizens Bicycle Safety Committee. 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 10. ADOPTION OF THE 2010 CALIFORNIA BUILDING CODES. a) Conduct a public hearing; b) introduce Ordinance No. 2010 -_, and pass to a second reading on November 23, 2010; and c) adopt Resolution of Findings No. 2010- on November 23, 2010. 11. ADOPTION OF THE 2010 FIRE CODE AND THE 2009 INTERNATIONAL FIRE CODE, a) Conduct a public hearing; b) introduce Ordinance No. 2010 - _amending Title 9 of the NBMC to adopt the 2010 California Fire Code (Title 24, Part 2 of the California Code of Regulations) and local amendments, and the 2009 International Fire Code; and c) pass to second reading on November 23, 2010. 12. CHINA PALACE USE PERMIT (PA2010 -052) — 2500 WEST COAST HIGHWAY — USE PERMIT NO. 2010 -015. a) Conduct a de novo hearing; and b) adopt Resolution No. 2010 -_ denying the appeal and upholding and affirming the decision of the Planning Commission to approve Use Permit No. UP2010 -015, subject to the findings and conditions of approval included within the draft resolution. [continued from the September 28, 2010 meeting.] 13. ANNUAL REVIEW OF ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT FOR SOBER LIVING BY THE SEA, INC. ( SBLTS) (PA2008 -199). a) Conduct public hearing; b) find that the applicant has demonstrated good faith compliance with all but one term of its Zoning Agreement and establish milestones to address that one term; and c) receive and file documents submitted by SLBTS to demonstrate good faith compliance with the terms of the Zoning Agreement. [continued from the October 12, 2010 meeting.] XVI. PUBLIC COMMENTS Public comments are invited on non - agenda matter jurisdiction of the Council. Speakers speaking, please state your name for the record. XVII. CONTINUED BUSINESS items generally considered to be within the subject must limit comments to three (3) minutes. Before 14. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 7.04.030 OF TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ANIMALS PROHIBITED ON PUBLIC BEACHES. a) Approve the Parks, Beaches and Recreation Commission's recommendation to amend Section 7.04.030 of Title 7 of the Newport Beach Municipal Code pertaining to animals on the beaches, as follows: 1) "Oceanfront Beaches" — change the current hours that animals are prohibited on oceanfront beaches from 9:00 a.m. to 5:00 p.m. to 10:00 a.m. to 4:30 p.m. year- round; 2) "Harbor /Bay Front Beaches" — current hours will remain prohibiting animals from 9:00 a.m. to 5:00 p.m.; 3) that the City Council approves changing the term of "Community Services Department" to the current name of "Recreation and Senior Services Department;" and 4) that the City Council approves changing "guide" dogs to "service" dogs as defined under the American with Disabilities Act (ADA) so as to include all service dogs that assist the disabled; and b) introduce Ordinance No. 2010- amending Section 7.04.030, of Title 7 of Newport Beach Municipal Code, pertaining to Animals Prohibited on Public Beaches, and pass to second reading on November 23, 2010. XVIII. CURRENT BUSINESS -None 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 4