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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.