HomeMy WebLinkAbout0 - AgendaCITY COUNCIL AGENDA
CITY OF NEWPORT BEACH
COUNCIL CHAMBERS - 3300 NEWPORT BLVD.
Tuesday, September 28, 2004
Regular Council Meeting - 7:00 p.m.
TOD W. RIDGEWAY
MAYOR
STEVE BROMBERG LESLIE J. DAIGLE
Mayor Pro Tem
STEVEN ROSANSKY
Council Member
DON WEBB
Council Member
Council Member
RICHARD A. NICHOLS
Council Member
JOHN HEFFERNAN
Council Member
HOMER BLUDAU - City Manager, ROBIN CLAUSON - Acting 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
September 28, 2004
STUDY SESSION- Cancelled
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 applicable)
D. PLEDGE OF ALLEGIANCE
E. INVOCATION - Pastor Frank Custer, Lighthouse Coastal Community Church, Costa Mesa
F.
Presentation of plaques to outgoing Board and Commission members.
Friends of the Library Check Presentation.
Corona del Mar Centennial.
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 — 18) 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, 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.
READING OF MINUTESIORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF
SEPTEMBER 14, 2004. 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.
ORDINANCE FOR INTRODUCTION
3. TRAFFIC CONTROL ON VIA FIRENZE. Introduce Ordinance No. 2004 -
amending Section 12.52.070 of the NBMC to designate Via Firenze between Via Lido
Soud and Piazza Lido as one -way, northeast bound traffic only.
ORDINANCES FOR ADOPTION
4. REVISION OF PARKING METER ZONE IN MARINERS VILLAGE. Adopt
Ordinance No. 2004 -20 to amend Parking Meter Zone 2 in Municipal Code Section
12.44.020 to add the "Northerly side of Avon Street from Riverside Avenue to 150 feet
westerly "; and to amend Section 12.44.040 to establish fees for parking meters on
Avon Street.
5. ZONING AMENDMENT /GROUP LIVING USES. Adopt Ordinance No. 2004 -16
amending the Zoning Code.
RESOLUTIONS FOR ADOPTION
6. GRANTS FOR THE BIG CANYON CREEK RESTORATION PROJECT. Adopt
Resolution No. 2004 -_ relating to grants for the Big Canyon Creek Restoration
Project.
RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A
CONSTRUCTION AND LEASE AGREEMENT BETWEEN THE CITY AND
THE RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT TO USE
DISTRICT FUNDS TO CONSTRUCT A FIRE TRAINING TOWER ON CITY
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
PROPERTY AND SHARE ITS USE BETWEEN THE TWO PARTIES. Adopt
Resolution No. 2004-
8. ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION: NEWPORT
RIDGE PARK; CONVEYANCE OF OWNERSHIP TO THE NEWPORT RIDGE
COMMUNITY ASSOCIATION. Adopt Resolution No. 2004 -_ which:
1) authorizes the acceptance of an Irrevocable Offer of Dedication for Newport Ridge
Park; 2) authorize the Mayor or City Manager to accomplish the acceptance in any
manner deemed feasible provided that such acceptance generally follows the terms of
1996 San Joaquin Hills Local Parks Irrevocable Offer of Dedication; and
3) authorizes the City Manager to quitclaim or otherwise transfer that portion of
Newport Ridge Park exclusive of the property needed for the proposed Newport Coast
Community Center to the Newport Ridge Community Association or similar entity.
9. SALE OF BONDS FOR UNDERGROUND ASSESSMENT DISTRICT NO. 68 -
NEWPORT SHORES. Adopt Resolution No. 2004 -_ which sets forth the terms
and conditions for the sale of bonds and approves the Purchase Agreement submitted
by the designated underwriter for Assessment District No. 68.
10. SALE OF BONDS FOR UNDERGROUND ASSESSMENT DISTRICT NO. 69 -
WEST NEWPORT. Adopt Resolution No. 2004 -_ which sets forth the terms and
conditions for the sale of bonds and approves the Purchase Agreement submitted by
the designated underwriter for Assessment District No. 69.
CONTRACTS AND AGREEMENTS
11. IRVINE AVENUE 24 4NCH WATER MAIN REPLACEMENT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH TETTEMER &
ASSOCIATES. Approve a Professional Services Agreement with Tettemer &
Associates of Irvine for engineering services for the Irvine Avenue 24 -inch Water
Main Replacement project at a contract price of $148,308 and authorize the Mayor
and City Clerk to execute the agreement.
12. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH
ORANGE COUNTY COASTKEEPER FOR A COOPERATIVE PROJECT TO
DEVELOP A CONTAMINATED SEDIMENT REMEDIATION PLAN FOR THE
RHINE CHANNEL. Approve the PSA with Orange County Coastkeeper providing
$68,000 in matching funds for SWRCB Grant Agreement No. 03 -183- 558 -0.
MISCELLANEOUS ACTIONS
13. HUMAN SERVICES GRANTS FOR 2004 -2005. Authorize the allocation of
$25,000 in Human Services Grants in the amounts and to the agencies described in
the staff report.
14. APPOINTMENT OF STAFF REPRESENTATIVES FOR THE ORANGE
COUNTY AREA HOUSING AND FINANCING AGENCY. Authorize the position
of Assistant City Manager, currently Sharon Wood, to act as a Director on the Board
of the Orange County Area Housing and Finance Agency, and authorize the position
of Program Manager, currently Daniel Trimble, to act as an Alternate Director.
15. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE FRIENDS OF
THE NEWPORT BEACH LIBRARY AND APPROPRIATE FUNDS TO
3
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
MAINTENANCE & OPERATIONS BUDGET ACCOUNTS FOR FY 2004/05.
Approve a budget amendment (05BA -014) increasing revenue estimates by $93,000
in 4010 -5901, Private Donations /Contributions, and increasing maintenance and
operations expenditure estimates by $93,000 in Division 4091, Friends.
16. ACCEPT FEMA SUPPLEMENTAL EMERGENCY OPERATIONS PLANNING
GRANT. 1) Accept the 2002 Federal Emergency Management Agency Supplemental
Emergency Operations Planning Grant for $11,283 in funding for emergency
operations planning; and 2) approve a budget amendment (05BA -015) increasing
revenue estimates by $11,283 in 2355 -4894, and appropriating those funds into Fire
Department account 2355 - 82001.
17. APPROVE PURCHASE OF PDSI TELESTAFF SOFTWARE. Approve the
purchase of PDSI Telestaff software for a total not to exceed $93,870 (contract price of
$85,338 + 10% contingency).
18. SUNSET RIDGE PARK UPDATE (contd. from 9/14/04). Informational only.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR,
EXCEPT FOR THOSE ITEMS REMOVED.
J. 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.
K. 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
L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
19. PLANNING COMMISSION AGENDA FOR SEPTEMBER 23, 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.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
M.
N.
CURRENT BUSINESS
20. MARINAPARK RESORT & COMMUNITY PLAN - MEMORANDUM OF
UNDERSTANDING (MOU) — TERM SHEET.
Action: Authorize Mayor Ridgeway to execute the MOU.
21. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION.
Action: 1) Declare a vacancy on the Planning Commission due to the
appointment of Leslie Daigle to the District 4 City Council
position;
2) Confirm the Mayor's appointment of
, and to serve on the Ad -Hoc
Appointments Committee; and
3) Direct the City Clerk to post and publish a Special Vacancy
Notice requesting that applications be submitted by 4:00 p.m.
on Thursday, October 14, 2004, and schedule the submission
of the nominations to the Council on October 26, 2004 with
the final appointment to be made on November 9, 2004.
22. APPOINTMENTS TO FILL VACANT POSITIONS ON VARIOUS
COMMITTEES CREATED BY THE RESIGNATION OF MAYOR PRO
TEM ADAMS.
Action: Confirm the appointments as announced by the Mayor to fill the
following committee vacancies created as a result of the resignation of
Mayor Pro Tem Adams: 1) Web Site Review Ad Hoc Committee
(Chair); 2) SR73/SR55/1 -405 Freeways Confluence Policy Committee;
3) City Centennial 2006 Committee; and 4) Newport Beach/Irvine
Borders Committee.
ITEMS REMOVED FROM THE CONSENT CALENDAR
O. 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.
P. ADJOURNMENT
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.