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HomeMy WebLinkAboutRegular Meeting Agenda - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 27, 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 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 October 27, 2009 I. STUDY SESSION - 4:00 p.m. II. CLOSED SESSION - After Study Session - Council Chambers Conference Room 1. Conference with Leal Counsel - Existing Litigation (Government Code $54956.9(a)1: Eighteen matters: A. IBC Litigation Matters: Four matters, all arising out of the IBC Litigation against the City of Irvine: 1. Newport Beach/Tustin v. City of Irvine (Martin Street), Orange County Superior Court Case No. 07CCO1264 2. Newport Beach/Tustin v. City of Irvine (2851 Alton), Orange County Superior Court Case No. 07CC01265 3. Newport Beach/Tustin v. City of Irvine (HCG), Orange County Superior Court Case No. 30- 2008 - 0022885- CU- WM -CXC 4. Newport Beach/Tustin v. City of Irvine (Accessory Retail Business Regulations), Orange County Superior Court Case No. 30- 2009 - 00264696 B. Group Homes Matters: Five matters all arising out of the Group Homes litigation brought against the City, 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) S. 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) 6. Newport Coast Recovery v. City of Newport Beach, U.S. District Court Case No. SACV 09 -0701 DOC (ANx) C. Group Homes Matters: 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 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.newportbeachea.gov. 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 D. McCollum v. Newport Beach, Orange County Superior Court Case No. 30.2009- 00309287. 2. Conference with Labor Neeotiators (Government Code 154957.6 Agency Designated Representatives: Bill Avery of Avery & Associates and Terri Cassidy, Human Resources Director Employee Organization: Multiple - Lifeguard Management Association; Police Management Association; and Police Employees Association 3. Conference with Real Property Neeotiator (Govern_ment Code §54956.8 Property: 608 E. Balboa Boulevard City Neeotiator: 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 — Mr. Frank Carpenter IX. PRESENTATION Presentation from Goodwill Industries of Orange County for E -Waste Partnership 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) 2 XII. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 8) 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 OCTOBER 13, 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 MUNICIPAL CODE CHAPTER 9.04.030, SUBSECTION 307.4.2.1 (FIRE RING POLICY UPDATE). Adopt Ordinance No. 2009 -23 amending Municipal Code Section 9.04.030, Subsection 307.4.2.1, to clarify the public use of fire rings at any beach, park, or other public place. C. CONTRACTS AND AGREEMENTS 4. AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS - AWARD OF CONTRACT (C- 3967). a) Approve the project drawings; b) award contract (C -3967) to Tal Cal Engineering, Inc. for the total bid price of $197,565.00 and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $20,000 to cover the cost of unforeseen work. 5. RHINE WHARF REPAIRS & PUBLIC DOCK - AWARD OF CONTRACT (C- 3821). a) Approve the project drawings and specifications; b) award contract (C -3821) to Associated Pacific Constructors, Inc. for the total bid price of $430,539.84 including the base bid price of $374,539.84, and an additive bid item 1 of $56,000, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $64,580.00 (15 %) to cover the cost of unforeseen work. 6. MCFADDEN SQUARE PHASE II - AWARD OF CONTRACT (C4365). a) Approve the project drawings and specifications; b) declare the apparent low bid submitted by C.A. Odell Contractor as nonresponsive; c) declare the 2od low bid submitted by EBS Concrete, Inc. as the low responsive bid; d) award (C -4365) to EBS Concrete, Inc. for the total bid price of $32,150.00 and authorize the Mayor and the City Clerk to execute the contract; and e) establish an amount of $5,850.00 to cover the cost of unforeseen work. D. MISCELLANEOUS 7. APPOINTMENTS TO THE TASK FORCE ON CYCLING SAFETY. a) Adopt Resolution No. 2009 - amending Resolution No. 2009 -67 regarding the membership of the Task Force on Cycling Safety; and b) confirm the Mayor's appointments to the Task Force on Cycling Safety - Daniel Murphy (Balboa Peninsula or West Newport Beach Area); Francis (Frank) Peters (Corona del Mar Area); Jim Sweet (Newport Coast Area); and Sean Matsler, Tony Petros, and John Tzinberg (At -large Residents). 8. REVISION TO COUNCIL POLICY A-6 (OPEN MEETING POLICIES) AS IT PERTAINS TO THE ORDER OF BUSINESS FOR COUNCIL MEETINGS. Approve the revisions to Council Policy A -6. 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 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 three (3) minutes. Before speaking, please state your name for the record. XVI. PUBLIC HEARINGS 9. APPEAL OF HEARING OFFICER'S DENIAL OF USE PERMIT AND REASONABLE ACCOMMODATION - 1216 WEST BALBOA BOULEVARD (NEWPORT COAST RECOVERY, LP) (PA2008 -104). (7:30 p.m. time certain) Action: a) Conduct public hearing; b) determine whether substantial evidence in the record supports the Hearing Officer's decision to deny Newport Coast Recovery' applications for the use permit and reasonable accommodations; c) if City Council determines that substantial evidence supports the denials, the City Council should sustain the decisions of the Hearing Officer; and d) if the City Council determines that substantial evidence in the record does not support any of the denials, the City Council must then choose between one of three possible actions: 1) reverse the Hearing Officer's decision and authorize the issuance of a use permit or one of the requested reasonable accommodations to Newport Coast Recovery, subject to such conditions the City Council determines are appropriate based upon the evidence in the hearing record; OR 2) modify the Hearing Officer's decision denying the use permit and/or reasonable accommodation to Newport Coast Recovery based upon the evidence in the hearing record; OR 3) remand the matter to the Hearing Officer for further consideration, which remand shall include direction either to consider specific issues, or to conduct a de novo hearing on whether to grant, conditionally grant, or deny a use permit and/or reasonable accommodation to Newport Coast Recovery. 10. APPEAL OF HEARING OFFICER'S DENIAL OF REASONABLE ACCOMMODATION - 492 AND 492Y, ORANGE AVENUE, 3309 CLAY STREET (PACIFIC SHORES PROPERTIES, LLC). [7.•30 p.m. time certain] Action: a) Conduct public hearing; b) determine whether substantial evidence in the record supports the Hearing Officer's decision to deny Pacific Shores' applications for the use permit and reasonable accommodations; c) if City Council determines that substantial evidence supports the denial, the Council should sustain the decision of the Hearing Officer; and d) if the City Council determines that substantial evidence in the record does not support any of the denials, the Council must then choose between one of three possible actions: 1) reverse the Hearing Officer's decision and authorize the issuance of a use permit or one of the requested reasonable accommodations to Pacific Shores, subject to such conditions the City Council determines are appropriate based upon the evidence in the hearing record; OR 2) modify the Hearing Officer's decision denying reasonable accommodation to Pacific Shores at some or all of the subject addresses based upon the evidence in the hearing record; OR 3) remand the matter to the Hearing Officer for further consideration, which remand shall include direction either to consider specific issues, or to conduct a de novo hearing on whether to grant, conditionally grant, or deny reasonable accommodation to Pacific Shores. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT XVIII. 11. PLANNING COMMISSION AGENDA FOR OCTOBER 22, 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. 12. 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 relative to the Ordinance for Tuesday, November 10, 2009, at which time additional public testimony will be taken and the Ordinance will be heard for a second time. 13. COUNCIL PRIORITIES STATUS REPORT. Action: Review and comment, as desired. 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