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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 10, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARY ADAMS Mayor Pro Tern STEVEN ROSANSKY Council Member DON WEBB Council Member STEVE BROMBERG Council Member RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - Director of Public Works, SHARON Z. WOOD - Assistant City Manager. 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 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 LaVonne Harkless, 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 August 10, 2004 STUDY SESSION - 4:00 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] RECESS * * * * * * * * * * * * * * * * * ** A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. CLOSED SESSION REPORT (if avolicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Reverend Dr. George R. Crisp, Christ Church by the Sea United Methodist F. PRESENTATIONS Marine Battalion 1/1 Presentation G. 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. 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. As a courtesy, please turn cell phones and pagers off or set them in the silent mode. H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS RECORDED. SPEAKER MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. RED LIGHT WILL SIGNIFY WHEN 5 MINUTES ARE UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. I. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — 12) 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 on action. There will be no separate discussion, of these itents 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 an.dlor removed front 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, state their name and item number. If the option.a.l sign -in card has been completed it should be placed in the box provided at the podium. READING OF MINUTES /ORDINANCES AND RESOL UTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 13, 2004 AND ADJOURNED REGULAR MEETING OF JULY 19, 2004 (contd. from 7/27/04). Waive reading of subject minutes, approve as written and order filed. 2. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 27, 2004. Waive reading of subject minutes, approve as written and order filed. 3. 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. RESOLUTION FOR ADOPTION 4. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: ANNUAL REPORT FOR 2003 -2004 FISCAL YEAR; AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR 2004 -2005 FISCAL YEAR. 1) Approve the Corona del Mar Business Improvement District 2003 -2004 Annual Report; and 2) adopt Resolution of Intention No. 2004- to Levy Assessments and set the public hearing for August 24, 2004. CONTRACTS AND AGREEMENTS PROFESSIONAL SERVICES AGREEMENT WITH JENNIFER BRANIN FOR NEWPORT COAST ASSESSMENT DISTRICT REVIEW (contd. from 7/27/04). Authorize the City Manager to execute an $18.000 Professional Services Agreement (PSA) with Jennifer Branin of Branin Finance to complete her review of Newport Coast assessment district financial data. 6. BUDGET AMENDMENT AND AMENDMENT TO AGREEMENT WITH EIP ASSOCIATES TO CONDUCT SEPARATE CITY COUNCIL AND PLANNING COMMISSION STUDY SESSIONS DURING THE GENERAL PLAN UPDATE PROCESS. 1) Approve budget amendment (05BA -007) appropriating $17,250 from the General Fund Unappropriated Reserves to Account 2710 -8293 for the additional consultant costs associated with conducting separate study sessions for the City SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Council and Planning Commission as part of the General Plan Update process; and 2) approve second amendment to agreement with EIP Associates. MISCELLANEOUS ACTIONS 7. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 94 (PACIFIC DRIVE) (contd. from 7/27/04). Approve a budget amendment (05BA -002) authorizing an advance from the General Fund in the amount of $18,060 to Assessment District No. 94 and appropriate $11,260 to 74094 -9810 for SCE electric design and $6,800 to 74094 -9811 for SBC phone design. 8. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 95 (AREA BOUNDED BY L STREET, BALBOA BOULEVARD, CHANNEL ROAD AND OCEAN BOULEVARD) (contd. from 7/27/04). Approve a budget amendment (05BA -005) authorizing an advance from the General Fund in the amount of $105,500 to Assessment District No. 95 and appropriate $80,500 to 74095 -9810 for SCE electric design and $25,000 to 74095- 9811 for SBC phone design. 9. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT BEACH LIBRARY FOUNDATION AND APPROPRIATE FUNDS FOR CIP BUDGET FOR FY 2004 -05. Approve a budget amendment (05BA -006) to increase expenditure appropriations by $97,798 in Account No. 7011- C4010796 and to increase revenue estimates for the same amount in Account No. 4010 -5901. 10. BUDGET AMENDMENT — CONTRACT CLASSES. Approve a budget amendment (05BA -008) to increase the Revenue and Expenditures Accounts due to increased registration and new contract classes, which require additional monitoring from temporary part -time staff and payments to instructors. 11. APPROVAL OF TASTE OF NEWPORT BANNERS — ENCROACHMENT PERMIT N2004 -0264. Conditionally approve the request of the Newport Harbor Area Chamber of Commerce for the installation of 217 banners, from August 16, 2004 to September 14, 2004 for the annual Taste of Newport (installation shall be along Jamboree Road, MacArthur Boulevard, Westcliff Drive. San Joaquin Hills Road, Newport Center Drive East/West, and Newport Center Drive). 12. APPOINTMENT OF ACTING CITY ATTORNEY EFFECTIVE AUGUST 14, 2004. Appoint Assistant City Attorney Robin Clauson to be Acting City Attorney until the position is filled. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. J. PUBLIC HEARINGS 13. NEWPORT SPORTS MUSEUM, 100 NEWPORT CENTER DRIVE (PA2004- 092); GENERAL PLAN AMENDMENT NO. 2004 -001; AND USE PERMIT NO. 2004 -017. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 2004- approving General Plan Amendment No. 2004 -001 and Use Permit No. 2004 -017 that increases the development allocation of Block 100 by 1,.550 square feet and approves a museum use in the Administrative, Professional and Financial District for property located at 100 Newport Center Drive (PA2004 -092). 14. REVISIONS TO APPEAL AND CALL FOR REVIEW PROCEDURES - CODE AMENDMENT NO. 2004 -002 (PA2004 -028) (contd. from 6/8/04, 6/22/04 R 7/13/04). Action: 1) Review options; 2) Provide direction to staff on appeal and review procedures; 3) Provide direction to staff on combining appeal and review procedures; and 4) Continue hearing to August 24, 2004. 15. ZONING AMENDMENT/RECOVERY FACILITIES (contd. from 7 /27/04). Action: 1) Conduct public hearing; and 2) Re- introduce Ordinance No. 2004 -16 amending the Zoning Code and pass to second reading on August 24, 2004. K. 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 3-minutes. Before speaking, please state your name for the record. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Ad Hoc General Plan Update Committee (GPUC) Status report - Local Coastal Program Certification Committee Status report - Newport Coast Advisory Committee Status report - Mariners Joint Use Library Ad Hoc Steering Committee Status report - Other Committee Activities SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. M. 1► rel PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 16. PLANNING COMMISSION AGENDA FOR JULY 22, 2004 (contd. from 7/27/04). Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member call -up of those items subject to call -up; and 3) Receive and file written report. 17. PLANNING COMMISSION AGENDA FOR AUGUST 5, 2004, Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member call -up of those items subject to call -up; and 3) Receive and file written report. CONTINUED BUSINESS 18. NEWPORT BAY WATERSHED EXECUTIVE COMMITTEE AND APPOINTMENTS THERETO (contd. from 7/27/04). Action: 1) Adopt Resolution No. 2004 -_ relating to the Watershed Executive Committee; and 2) Appoint Council Member as the representative to the Watershed Executive Committee and Council Member as 1St Alternate and Assistant City Manager Dave Riff as 2 ^d alternate. CURRENT BUSINESS 19. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - SEPTEMBER 17 - SEPTEMBER 19, 2004 IN LONG BEACH. Action: Designate as the City's Voting Delegate for the Conference and as the Voting Alternate. 20, CITY COUNCIL FORMATION OF A NEIGHBORHOOD TRAFFIC CALMING AD HOC COMMITTEE. Action; 1) Adopt Resolution No. 2004 creating a Neighborhood Traffic Calming Ad Hoc Committee to establish a City Council policy addressing residential traffic concerns; 2) Conf -irm Mayor's appointments of two (2) Council Members to the Committee; and 3) As a first committee priority, determine if a speed hump demonstration project on Port Provence is warranted. 21. FIRE STATION NO. 7 - APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH RRM DESIGN GROUP FOR DESIGN AND CONSTRUCTION SUPPORT SERVICES. 5 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Action: 1) Approve a Professional Services Agreement in the amount of $363.521 with RRM Design Group, and 2) Authorize the Mayor and the City Clerk to execute the agreement. 22. AGREEMENTS AND FUNDING FOR THE BACK BAY SCIENCE CENTER (FORMERLY KNOWN AS THE MARINE STUDIES CENTER) ON SHELLMAKER ISLAND. Action: 1) Authorize the City Manager to execute a Cooperative Agreement between the City of Newport Beach, the County of Orange and the Department of Fish and Game that is substantively identical to Exhibit A; 2) Authorize the City Manager to execute a Lease between the City of Newport Beach and the County of Orange that is substantively identical to Exhibit B; and 3) Authorize the City Manager to execute a Lease between the City of Newport Beach and the Department of Fish and Game that is consistent with Exhibit B and the authority previously granted on June 22, 2004. P. ITEMS REMOVED FROM THE CONSENT CALENDAR Q. 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 preuailing side. R. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.