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Home My WebLink About00 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, March 24, 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 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:llwww.city . newp ort -be ach. ca.usl 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. AMENDED AGENDA NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD March 24, 2009 I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (GOVERNMENT CODE § 54956.9(A)): 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. Harvey u. City of Newport Beach, Orange County Superior Court Case No. 07CC5400 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - EXPOSURE TO LITIGATION (GOVERNMENT CODE § 54956.9(B)): Two matters: 1. Potential exposure to litigation on two matters 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. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION OF LITIGATION (GOVERNMENT CODE S 54956.9(C )): One matter: 1. Potential initiation of litigation on one matter in which disclosure of its underlying existing facts and circumstances would jeopardize the City's ability to conclude existing settlement negotiations to the City's advantage. D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GOVERNMENT CODE § 54957(B)(1)): Title: City Attorney E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code 54956.8): Property: Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach. City Negotiator: Assistant City Manager David Kiff. Negotiating Parties: City and tenant interests. Under Negotiation: Terms and conditions of rentals at Marina Park. 1 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 3300 NEWPORT BLVD. DURING NORMAL BUSINESS HOURS. IN ADDITION, SUCH WRITINGS AND DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT W W W CITY.NEWPORT- BEACH.CA.US 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 - Reverend Peter D. Haynes, Saint Michael and All Angels Episcopal Church I� Proclamation for National Library Week at Your Library 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 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. 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 NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 7) 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 OF THE REGULAR MEETING AND ADJOURNED REGULAR MEETING OF MARCH 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. ORDINANCE FOR ADOPTION 3. AMENDMENT TO NUISANCE ABATEMENT ORDINANCE TO PROVIDE FOR RECOVERY OF ATTORNEYS' FEES AND COSTS IN NUISANCE ABATEMENT ACTIONS. Adopt Ordinance No. 2009 -9 amending Section 10.50.160 of the Newport Beach Municipal Code. C. CONTRACTS AND AGREEMENTS 4. AMENDMENT NO. 2 TO A COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF TOTAL MAXIMUM DAILY LOADS (TMDLs) IN NEWPORT BAY. Authorize the Mayor and City Clerk to sign and execute Amendment no. 2 to the 2003 cooperative Agreement to fund Nutrient, Fecal Coliform, and Toxic Total Maximum Daily Load (TMDL) Studies and Programs in the Newport Bay Watershed. 5. OIL WELL SERVICE REPAIRS — APPROVAL OF AMENDMENT NO. 3 TO ON -CALL PROFESSIONAL SERVICES AGREEMENT. Approve Amendment No. 3 to Professional Services Agreement with oil well Service Company for on -call oil well repair services and authorize the Mayor and City Clerk to execute the amendment. D. MISCELLANEOUS 6. BUDGET AMENDMENT — SURFING /SAILING /TENNIS RESERVE ACCOUNTS. Approve a budget amendment (09BA -043) in the amount of $49,310 to transfer funds from the surfing, sailing, and tennis reserve accounts into the General Fund. PROPOSED STAFFING AUGMENTATION IN THE OFFICE OF THE CITY ATTORNEY. a) Approve the request to staff the vacant part -time Deputy City Attorney position at the full -time level by establishing a new full -time Deputy City Attorney classification in the Key and Management unit; and b) approve the request to continue the use of the temporary part - time contract attorney who was filling the gap of that vacancy in order to assist in the legal work of the City as an additional legal resource to the Office of the City Attorney. 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 S. PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 19 SANTA ANA HEIGHTS - MESA DRIVE, CYPRESS STREET AND A PORTION OF ORCHARD DRIVE (continued from the 3/10109 meeting). Action: a) Conduct public hearing; and b) adopt Resolution No. 2009 - approving the Amended Engineer's Report and Revised Boundary Map; and c) adopt Resolution No. 2009 -_ approving the expenditure of Redevelopment Agency (RDA) funds; and d) approve the Third Amendment to the Memorandum of Agreement with the County of Orange; OR e) abandon the District proceedings. 9. APPEAL OF HEARING OFFICER'S CONTINUANCE OF USE PERMIT HEARING (UP2008 -030) - 1115 WEST BALBOA BOULEVARD (OCEAN RECOVERY) (PA2008 -101). (7:15 p.m. time certain) Action: a) Conduct public hearing; b) provide an interpretation of the City s ordinance dealing with the issue of whether an action to continue an ongoing hearing regarding an application for use permit for a period of six months, where there is an existing use under application, is a "decision" that makes a matter ripe for appeal and City Council review; and c) provide an interpretation of our ordinances and regulations that concludes such a continuance is not a "decision" and is, therefore, not appealable; and d) alternatively, the City Council may provide an interpretation of our ordinances and regulations that concludes such a continuance is an appealable "decision"; and e) if the City Council determines that such an action is appealable, the City Council should address the issue of the appeal on this matter. In that event, staff recommends that the City Council select one of the following alternatives: 1) sustain the Hearing Officer's decision to continue the use permit hearing for Ocean Recovery's 1115 West Balboa Boulevard residential care facility to a date certain six months in the future; OR 2) reverse or modify the Hearing Officer's decision to continue the use permit hearing for Ocean Recovery's 1115 West Balboa Boulevard residential care facility and order a final hearing within a prompt and reasonable time and that a decision on the substance of the application be rendered; OR 3) remand the matter to the Hearing Officer for further consideration, which remand shall include direction to consider specific issues. 10. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMIT (UP2008 -033) - 1216 WEST BALBOA BOULEVARD (NEWPORT COAST RECOVERY) (PA2008 -104). Action: a) At the request of the applicant, continue this item to the April 14, 2009 meeting due to a non - reconcilable conflict in the applicant's attorney's calendar; and b) continue this item to the April 14, 2009 meeting with no further continuances to be allowed. XVI. 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 3- minutes. Before speaking, please state your name for the record. XVIL PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 11. PLANNING COMMISSION AGENDA FOR MARCH 19, 2009. Action: a) Receive oral report on the most recent Planning Commission actions; b) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and c) receive and file written report. XVIII. CONTINUED BUSINESS 12. BUDGET PRIORITY UPDATE. Action: Receive and file. 13. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SEVEN OF THE CITY COUNCIL'S 2009 PRIORITIES. Action: Review and comment, as needed. 14. PROPOSED BUDGET AMENDMENT REGARDING OUTSIDE COUNSEL EXPENSE. Action: Approve a budget amendment (09BA -044) transfer a total of $742,000 from the General Fund reserve to cover forecasted outside counsel expense for the balance of the fiscal year; specifically allocating: (1) $292,000 to the Office of the City Attorney's ("OCA) budget line item 0510/8080 to cover expenses and fees forecast for eelgrass mitigation program issues, IBC litigation, Beek litigation (CEQA and Election issues) and outside counsel assistance for Civil Service/Personnel System review; (2) an additional $150,000 to OCA budget line item 0510/8084 to cover forecasted additional code enforcement outside counsel expenses; and (3) an additional $800,000 to the Internal Services budget line item 0605/6021 for outside counsel expenses with respect to group homes issues. XX. 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. XXL ADJOURNMENT