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HomeMy WebLinkAboutRegular Agenda - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, September 22, 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 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 & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD September 22, 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)): Thirteen matter(s): 1. Group Homes Matters: Eleven matters all arising out of the Group Homes litigation brought against the City, five cases in active state and federal litigation and six matters under investigation before the United States Department of Justice and Department of Housing and Urban Development as follows: a. Five cases in litigation, 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) 3. 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) 5. Newport Coast Recovery v. City of Newport Beach U.S. District Court Case No. SACV 09 -0701 DOC (ANx); and b. 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 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 2. One Civil Code Enforcement Matter: City of Newport Beach u. Leason, Orange County Superior Court Case No. 20- 2008 - 00102565; and 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. One Specialty Litigation Matter: WRC v. City of Newport Beach, Orange County Superior Court Case No. 30-2008-00115375 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 - Father Kerry Beaulieu, Our Lady Queen of Angels Church DL PRESENTATION Proclamation Recognizing Film Liaison Joseph Cleary 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. 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 - 15) 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 SEPTEMBER 8, 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. r C. ORDINANCES FOR ADOPTION 3. CHANGES TO NBMC 11.08.010 (OBSTRUCTION ON PUBLIC BEACHES PROHIBITED) AND NBMC 11.08.020 (USE OF CONCEALING UMBRELLAS PROHIBITED). Adopt Ordinance No. 2009 -18 amending Sections 11.08.010 and 11.08.020 of Chapter 11.08, City of the Newport Beach Municipal Code, to further regulate the use of shade coverings on ocean beaches, bay beaches, and tidelands. 4. FILM ORDINANCE AMENDMENTS TO CODIFY FILM LIAISON POSITION, REQUIRE PERMITS FOR COMMERCIAL FILMING AT PRIVATE RESIDENTIAL PROPERTY, AND AMENDING APPEAL PROVISIONS. Adopt Ordinance No. 2009.19 updating Chapter 5.46, regulating commercial film production. 5. REVISION OF TWO -HOUR PARKING LIMIT ON A PORTION OF SNUG HARBOR ROAD. Adopt Ordinance No. 2009 -20 approving revisions to the Preferential Parking Zone "2" — Newport Heights and Cliff Haven. 6. COST RECOVERY ORDINANCE - CHAPTER 3.36. Adopt Cost Recovery Ordinance No. 2009 -21, amending Exhibit A to Chapter 3.36 of the Newport Beach Municipal Code. ORDINANCE FOR INTRODUCTION ORDINANCE CLARIFYING THE CITY COUNCIL TERM LIMIT PROVISIONS OF THE CHARTER OF THE CITY OF NEWPORT BEACH. Introduce Ordinance No. 2009 -_ adding Chapter 1.32 of the Municipal Code, and pass to second reading on October 13, 2009. D. CONTRACTS AND AGREEMENTS 8. AFFORDABLE HOUSING AGREEMENT WITH SEAVIEW LUTHERAN PLAZA. a) Approve the affordable housing agreement, and authorize the Mayor and City Clerk to execute the agreement; and b) approve a budget amendment (IOBA -011) transferring $135,000 from the Affordable In -Lieu Housing reserve account #010 -3619 to the Economic Development Other Miscellaneous Expenses account #2720 -8300, to provide funding for Seaview Lutheran to replace its water delivery system. 9. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH NEWFIELDS TO FINALIZE THE DREDGED MATERIAL PROGRAM FOR NEWPORT HARBOR. a) Approve Amendment No. 1 to Professional Services Agreement (PSA) with NewFields to finalize the dredged material program that is currently being conducted in Lower Newport Harbor; and b) approve a budget amendment (IOBA -014) taking $75,000 in unappropriated Tidelands Fund balance and assigning these funds to Capital Improvement Project #7231- C4402001 (Newport Harbor Dredging Project). 10. NEWPORT BEACH CIVIC CENTER PROJECT - APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH BOHLIN CYWINSKI JACKSON FOR IT SELECTION SERVICES. Approve Amendment No. 3 to the Professional Services Agreement (PSA) with Bohlin Cywinski Jackson, of San Francisco, California, for IT selection services for the Newport Beach Civic Center at a not to exceed price of $5,780, and authorize the Mayor and City Clerk to execute the Amended Agreement. 11. 2008 -2009 CITYWIDE SLURRY SEAL - COMPLETION AND ACCEPTANCE (C4086), a) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance Bond one year after Council acceptance. 12. CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS - AWARD OF CONTRACT (C- 4089). a) Approve the project drawings and specifications; b) award the contract (C -4089) to Hondo Company Inc. for the total bid price of $113,330.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $11,333.00 to cover the cost of unforeseen work; and d) approve a budget amendment (10BA -013) in the amount of $22,000 from the Citywide Median Maintenance Account No. 7013- C2001008 to Account No. 7013 - C2002027. 13. SUBDRAIN IMPROVEMENT PROJECTS - COMPLETION AND ACCEPTANCE (C- 3909). A) Accept the completed work; b) authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance Bond one year after Council acceptance. E. MISCELLANEOUS 14. ADDITIONS TO ASSESSMENT DISTRICT BALLOTING GUIDELINES FOR PROPOSED NEW AND INCREASED SPECIAL ASSESSMENTS. Adopt the Assessment District Balloting Guidelines as supplemented. 15. ACCEPTANCE OF 2009 -2010 STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY (OTS), DUI ENFORCEMENT AND AWARENESS PROGRAM GRANT (AL1087). a) Accept grant funding from the Office of Traffic Safety (OTS) in the amount of $192,000 to fund a Driving Under the Influence (DUI) Enforcement and Awareness Program (Grant No. AL1087); b) approve a budget amendment (10BA -015) in the amount of $192,000 for the Police Department Budget for Fiscal Year 2009/2010 to fund the OTS, DUI Enforcement and Awareness Program grant; and c) authorize the Administrative Services Director to establish revenue and expenditure accounts to facilitate the administration of these grant funds. 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 aTA XVI. PUBLIC HEARINGS 16. REVIEW OF THE FY 2008 -2009 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATION ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Action: a) Conduct a public hearing; and b) approve the Draft Consolidated Annual Performance and Evaluation Report (CAPER). 17. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMITS AND REASONABLE ACCOMMODATIONS FOR YELLOWSTONE RECOVERY - 1621 INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.); 1561 INDUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.); 1571 PEGASUS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.); AND 20172 REDLANDS (YELLOWSTONE WOMEN'S FIRST STEP HOUSE, INC.) - (UP 2008 -034) (RA 2009- 04) (PA2008 -105). Action: a) Conduct a public hearing; and b) based upon past practice in which the applicant/appellant has requested that the City Council continue the item, staff recommends that this item be continued to the November 24, 2009 meeting date. 18. AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A USE PERMIT FOR A FULL - SERVICE, HIGH TURNOVER EATING. AND DRINKING ESTABLISHMENT WITH BEER AND WINE SERVICE AND USE PERMIT FOR PARKING WAIVER (CHRONIC TACOS) FOR A PROPERTY AT 4525 WEST COAST HIGHWAY. Action: a) Conduct a public hearing; and b) adopt Resolution No. 2009 -_ denying the appeal and upholding and affirming the decision of the Planning Commission to disapprove Use Permit No. UP2009 -012 and Use Permit No. UP2009 -020. 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. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR SEPTEMBER 17, 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. XVIII. CONTINUED BUSINESS 20. REVISIONS TO CITY'S 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 on Ordinance No. 2009 -_ for Tuesday, October 13, 2009, at which time additional public testimony will be taken and the Ordinance will be heard for a second time. XIX. CURRENT BUSINESS 21. APPOINTMENT TO THE BUILDING AND FIRE BOARD OF APPEALS. Action: Appoint one of the two nominees (William Dildine and Stephen Sandland) to fill the vacancy on the Building and Fire Board of Appeals, which was created as a result of the resignation of Paul Larry Root. 22. TASK FORCE ON CYCLING SAFETY. Action: a) Adopt Resolution No. 2009 -_ relating to the Task Force on Cycling Safety; and b) appoint Council Members and to serve as the Council's representative on the Task Force, with as the designated Chairperson. 23. PROFESSIONAL SERVICES AGREEMENT WITH SIRIUS ENVIRONMENTAL FOR PREPARATION OF A RE- CIRCULATED DRAFT EIR FOR MARINA PARK PROJECT. Action: Approve the agreement with Sirius Environmental to prepare the Re- circulated Draft EIR for a cost not to exceed $84,300.00, and authorize the Mayor and City Clerk to execute the agreement. 24. COUNCIL REVIEW OF STAFF STATUS PROGRESS REPORT ON SIX OF THE CITY COUNCIL'S 2009 PRIORITIES. Action: Review and comment, as desired. 25. NEWPORT BEACH RESTAURANT ASSOCIATION BUSINESS IMPROVEMENT DISTRICT (NBRA) MID -YEAR BENEFIT ASSESSMENT LEVY INCREASE: RESOLUTION OF INTENTION TO RAISE THE ANNUAL BENEFIT ASSESSMENT LEVY AND FIXING THE DATES OF THE PUBLIC MEETING AND THE PUBLIC HEARING. Action: a) Adopt Resolution of Intention No. 2009 -_ to increase the annual benefit assessment levy effective January 1, 2010; and b) set the public meeting for October 13, 2009 and the public hearing for November 10, 2009. 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. XXI. ADJOURNMENT