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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, September 26 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY Mayor Pro Tern TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE Council Member EDWARD D. SELICH Council Member RICHARD A. NICHOLS Council Member KEITH D. CURRY Council Member HOMER BLUDAU - City Manager, ROBIN CLAUSON - 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. AA P7 NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD September 26, 2006 — 4:00 p.m. CLOSED SESSION — [Refer to separate agenda from City Attorney] RECESS �x�xtrrrrt *aaer *•rw *x A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROIL CALL C. CLOSED SESSION REPORT (if applicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION F. PRESENTATIONS Junior League of Orange County Event Announcement Centennial Committee Recognition Pier to Pier Event — Circulation and Parking Arrangements Marine 111 Mess Night Orange County Human Relations Committee Report G. 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 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. 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. RED LIGHT WILL SIGNIFY WHEN SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. I.. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 7) 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 MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETINGS OF SEPTEMBER 12, 2006. 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. RESOLUTIONS FOR ADO S. MARINE CHARTER LAND USE AND PARKING REGULATIONS (PA 2006- 194). Adopt Resolution No. 2006 -_ initiating amendments to Title 17 and Title 20 of the Newport Beach Municipal Code to revise land use regulations and parking requirements for marine charters. 4. GROUP RESIDENTIAL FACILITIES AND LARGE FAMILY DAY CARE HOMES (PA 2006 -198). Adopt Resolution No. 2006•_ initiating amendments to Title 20 of the Newport Beach Municipal Code to revise land use classifications and regulations relating to Group Residential facilities and large family day care homes. CONTRACTS AND AGREEMENTS 5. SEMENIUK SLOUGH STUDY — AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS. Approve Amendment No. 3 to Professional Services Agreement with Noble Consultants, Inc., (Noble) of Irvine, California, to define a specific Federal/State /City dredging project for Semeniuk Slough and prepare a preliminary design of a sediment control structure at a contract price of $105,000 and authorize the Mayor and City Clerk to execute the Amendment. MISCELLANEOUS 6. SOBER LIVING BY THE SEA - USE PERMIT NO. 2005 -031, OFF -SITE PARKING AGREEMENT NO. 2005 -005, MODIFICATION PERMIT NO. 2005- 133 — 2811 VILLA WAY (PA 2005 -136) (contd. from 4111/06,5/23/06,6/27/06 and 8/22/06). Remove from calendar. REQUEST FOR PROPOSALS (RFP) — WIRELESS FIDELITY ("Wi -Fi") NETWORK ACROSS NEWPORT BEACH. 1) Authorize the City Manager to issue a Request for Proposals (RFP) for wireless communication facilities citywide in a manner and form substantially similar to the RFP attached to the staff report; and 2) direct that responses to the RFP be brought back to the Media & Communications Committee for review and recommendation. ACTION- MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. K. PUBLIC HEARINGS 8. REVIEW OF THE FY 2005 -2006 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Action: 1) Conduct public hearing; and 2) Approve the Draft Consolidated Annual Performance and Evaluation Report. 9. PROPOSED AMENDMENT TO THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE -YEAR ACTION PLAN FOR FY2007. Action: 1) Conduct public hearing; and 2) Approve the Amendment to the City's One -Year Action Plan for fiscal year 2006 -2007, which reallocates funds to other public service programs. 10. APPEAL OF MODIFICATION PERMIT NO. 2005 -185 (PA2005 -292) REQUESTING THE RETENTION OF OVER HEIGHT WALLS, PILASTERS AND GATE WITHIN THE REQUIRED FRONT YARD SETBACK OF A PROPERTY LOCATED AT 15 VISTA TRAMONTO. Action: 1) Conduct public hearing; and 2) Deny the appeal and uphold and affirm the decision of both the Planning Commission and the Zoning Administrator to deny Modification Permit No. 2005 -135. L. 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. M. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE - ACTIVITIES Status report — Local Coastal Program Certification Committee Status report — Newport Coast Advisory Committee Status report — City Centennial 2006 Committee Status report — City Council/Citizens Ad Hoc Committee for Marina Park Planning Status report — City Council Ad Hoc Marina Park Advisory Committee Status report — Other Committee Activities N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 11. PLANNING COMMISSION AGENDA FOR SEPTEMBER 21, 2006. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and 3) Receive and file written report. 12. RESOLUTION NO. 2006 -_ RESCINDING RESOLUTION NO. 2006 -85 AND AUTHORIZING THE CITY TO PURCHASE 15.05 ACRES OF LAND WITH A SCENIC EASEMENT AT SUPERIOR AVENUE AND WEST COAST HIGHWAY (CALTRANS PARCEL DD #40766 -01 -01 — "SUNSET RIDGE PARK") FOR $5,000,000. Action: 1) Rescind Resolution No. 2006 -85; 2) Adopt Resolution No. 2006 -_ authorizing the purchase of Sunset Ridge Park with a scenic easement and which authorizes the City Manager to execute all relevant documents and which states the City's agreement with the terms of a Purchase and Sale Agreement and draft Deed; and 3) Authorize the Mayor to execute a Purchase and Sale Agreement for Caltrans Director's Deed #40766 -01 -01 ( "Sunset Ridge Park ") for $5,000,000 paid over three fiscal years at 4.75% interest on any unpaid principal provided that the Agreement is substantially similar to the Purchase and Sale Agreement attached to the staff report. P. 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.