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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. 2 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. ii 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