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HomeMy WebLinkAbout0 - Regular Council Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, February 27, 2001 Regular Council Meeting - 7:00 p.m. GARY ADAMS MAYOR TOD W. RIDGEWAY STEVEN BROMBERG Mayor Pro Tern GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member Council Member DENNIS D. O'NEIL Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, DON WEBB - Director of Public Works, SHARON Z. WOOD - Assistant City Manager. NOTICE TO THE PUBLIC If you would like to address the City Council on a scheduled agenda item, please complete the yellow SPEAKER'S CARD, The cards are available in the lobby of the Council Chambers. Please identify on the card your name, address, and the item on which you would like to speak and place it in the box at the podium when you address the Council. The SPEAKER'S CARD assists the Mayor in ensuring that all persons wishing to address the Council are recognized and your name is recorded correctly in the official records. 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 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. NEWPORT BEACH CITY COUNCIL AGENDA February 27, 2001 STUDY SESSION — 4:00 p.m. CLOSED SESSION — [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT (if applicable) RECESS RECONVENE AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Reverend Dr. George Crisp, Christ Church by the Sea, United Methodist. Presentation of National Education Association's Read Across America Proclamation. IF YOU WISH TO ADDRESS THE COUNCIL. PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM 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 TAPE 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR P — 10) 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 tinge the Council votes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or removed /'ran 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 Consent Calendar Item number, and place the sign -in card in the box provided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF FEBRUARY 13, 2001. 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 ADOPTION 3. WEED AND RUBBISH ABATEMENT MUNICIPAL CODE CHANGE. Adopt Ordinance No. 2001 -2 amending Chapter 10.48 of Title 10 of the NBMC pertaining to weed and rubbish abatement. RESOLUTIONS FOR ADOPTION 4. AUTHORIZATION OF MUNICIPAL REVENUE ADVISORS TO REVIEW STATE BOARD OF EQUALIZATION DOCUMENTS REGARDING THE AEROSPACE DECISION. Adopt Resolution No. 2001 -_ allowing staff of Municipal Revenue Advisors to review State Board of Equalization confidential materials. CONTRACTS AND AGREEMENTS 5. JANITORIAL AND RELATED SERVICES FOR PARK AND BEACH RESTROOM FACILITIES — AWARD OF CONTRACT. Approve the award of a contract to A -1 Spinelli Enterprises in the amount of $33,400 and authorize the City Manager and the City Clerk to execute the contract. 6. APPROVAL OF CONTRACT AMENDMENTS FOR BIG CANYON RESERVOIR SEDIMENT HAULING AND DISPOSAL. 1) Approve Amendment No. 1 to the contract with the hauling firm, Rust & Sons Trucking, for the removal of additional sediment stockpiles from the Big Canyon Reservoir site in the amount of $40,200; 2) approve Amendment No. 1 to the contract with the disposal firm, Sonas Earth Sciences of Arizona, for disposal of the additional sediment at Big Canyon Reservoir in the amount of $17,100; and approve a budget amendment (BA -032) appropriating $57,300 from the Water System SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS Reserve Fund Balance to the Water Fund Account (Repairs and Betterments to Water Facility Sites) 7502- C5500084. 2000 -2001 CITYWIDE SLURRY SEAL (C -3351) - COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 8. 2000 -2001 CITYWIDE SIDEWALK, CURB AND GUTTER REPLACEMENT (C -3352) - COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the Labor and materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. MISCELLANEOUS ACTIONS 9. PLANNING COMMISSION AGENDA FOR FEBRUARY 22, 2001. Receive and file 10. 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. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Public Continents are invited on non- agenda items generally considered to be within the subject matter jurisdiction of the Council -- Speakers inust limit comments to 3- minutes. Before speaking, please state your name and address for the record. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. PUBLIC HEARINGS 11. UNDERGROUNDING UTILITIES AND RECONSTRUCTING STREET IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79 (BEACON BAY DEVELOPMENT). Action: 1) Open public hearing on the formation of Assessment District No. 79 (District); 2) Hear testimony from those who desire to speak; 3) Close the public hearing; 4) Count ballots; 5) If more "yes" votes than "no" votes have been submitted, and if it is determined to form the district, take the following actions: a) Adopt Resolution No. 2001 -_ approving contracts for ownership of utility improvements; b) Adopt Resolution No. 2001 -_ declaring the results of the ballot tabulation, confirming the Assessment, ordering the acquisition of improvements, and approving the Assessment Engineer's Report for Assessment District No. 79 (Beacon Bay); C) Reserve and establish public utility easements over the public areas within the Beacon Bay development which include Cutter Road, Cape Cove, Ketch Road, Schooner Road, Reef Cove, Yawl Road, and Beacon Bay as shown on Exhibit "B ", and direct the City Clerk to have the Mayor execute the Grant of Easement; and d) Dedicate spot easements for electrical facilities to the Edison Company, as shown on Exhibit "B" and direct the City Clerk to have the Mayor execute the Grants of Easements. 6) If more "no" votes than "yes" votes, abandon the proceedings. 12. NEWPORT TECHNOLOGY CENTER (MARK BARKER FOR THE ST. CLAIR COMPANY, APPLICANT) - 500 SUPERIOR AVENUE - A USE PERMIT TO EXCEED THE BASIC HEIGHT LIMIT OF 32 FEET UP TO 50 FEET IN CONJUNCTION WITH THE REMODEL OF AN EXISTING RESEARCH AND DEVELOPMENT SITE AND THE ACCEPTANCE OF A NEGATIVE DECLARATION. THE PROJECT WILL INCLUDE THE DEMOLITION OF 208,926 SQ. FT. OF THE EXISTING 416,499 SQ. FT., REMODEL OF TWO EXISTING BUILDINGS TOTALING 214,210 SQ. FT., AND RECONSTRUCTION OF 201,283 SQ. FT. FOR A TOTAL OF 415,493 SQ. FT. OF RESEARCH AND DEVELOPMENT USE. Action: 1) Conduct public hearing; and 2) Uphold the decision of the Planning Commission to approve Use Permit No. 3679 and the Negative Declaration. CONTINUED BUSINESS 13. UNSCHEDULED VACANCY ON THE CIVIL SERVICE BOARD. Action: Appoint one of the two nominees (Bert Carson or Marilee Jackson) to fill the vacancy on the Civil Service Board (term expires June 30, 2005). SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CURRENT BUSINESS 14. GENERAL PLAN AMENDMENT 2001 -1 - REQUEST TO INITIATE AMENDMENTS TO THE NEWPORT BEACH GENERAL PLAN, AS FOLLOWS: A) PARK MACARTHUR - 3901 MACARTHUR BOULEVARD: A PROPOSAL TO INCREASE THE DEVELOPMENT ALLOCATION FOR PROFESSIONAL AND BUSINESS OFFICE SITE 3A, AND TO CHANGE THE LAND USE DESIGNATION (FROM RETAIL AND SERVICE COMMERCIAL TO ADMINISTRATIVE, PROFESSIONAL AND FINANCIAL COMMERCIAL) AND ESTABLISH A DEVELOPMENT ALLOCATION FOR AUTO CENTER SITE 1B OF THE NEWPORT PLACE PLANNED COMMUNITY; B) OUR LADY QUEEN OF ANGELS CATHOLIC CHURCH - 2046 AND 2100 MAR VISTA DRIVE: A PROPOSAL TO INCREASE THE DEVELOPMENT ALLOCATION FOR TWO EXISTING CHURCH PROPERTIES BY 24,000 SQUARE FEET FOR THE COMBINED PROPERTIES, TO ALLOW FOR THE CONSTRUCTION OF A NEW CHURCH, AND THE EXPANSION OF AN EXISTING ELEMENTARY SCHOOL; AND C) ST. MARK PRESBYTERIAN CHURCH - NORTHWEST CORNER OF MACARTHUR BOULEVARD AND SAN JOAQUIN HILLS ROAD: A PROPOSAL TO CHANGE THE LAND USE DESIGNATION FROM RECREATIONAL AND ENVIRONMENTAL OPEN SPACE TO GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES, AND ESTABLISH A DEVELOPMENT LIMIT OF APPROXIMATELY 20,000 SQUARE FEET, TO ALLOW THE CONSTRUCTION OF A NEW CHURCH COMPLEX, INCLUDING SANCTUARY, ADMINISTRATIVE FACILITIES, PRE- SCHOOL/DAY CARE, FELLOWSHIP HALL, AND MISCELLANEOUS USES. Action: Initiate the amendments to the General Plan as recommended by the Planning Commission. 15. RESOLUTION RELATING TO RECLAIMED WATER, THE SAN JOAQUIN RESERVOIR (SJR), AND THE BASIC INTEGRATED RE -USE PROJECT AGREEMENT (BIRPA) - RESERVOIR OPERATING CRITERIA MEMORANDUM OF UNDERSTANDING, TRANSFER OF RESERVOIR OWNERSHIP, COLLECTIVE DEFENSE AGREEMENT. Action: 1) Adopt Resolution No. 2001 -_ relating to Reclaimed Water, the San Joaquin Reservoir, and the Basic Integrated Re -Use Project Agreement (BIRPA); 2) Authorize the Mayor to execute the Memorandum of Understanding Regarding Operating Criteria for San Joaquin Reclaimed Water Storage Reservoir with the Irvine Ranch Water District (IRWD); 3) Authorize the City Manager to execute the transfer documents associated with the sale of the San Joaquin Reservoir (SJR); and 4) Authorize the Mayor to enter into a collective defense agreement with the owners of the San Joaquin Reservoir regarding Superior Court Case #O1CC01034 (DEFEND THE BAY, plaintiff vs. IRVINE RANCH WATER DISTRICT and CITY OF NEWPORT BEACH et al, defendants). 16. MEASURE S GUIDELINES. Action: Continue to March 13, 2001 to allow staff time to prepare the guidelines and the exhibits. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 17. FORMATION OF THE ANNEXATION AD HOC COMMITTEE. Action: 1) Adopt Resolution No. 2001 -_ forming the Annexation Ad Hoc Committee; 2) Appoint Council Members and thereto; and 3) Set a sunset date of November 1, 2002 for the Committee. 18. APPOINTMENT OF REPRESENTATIVE TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT BOARD. Action: Confirm Mayor Adams' appointment of to the Orange County Vector Control District Board to a term expiring on December 31, 2002. 19. REQUEST FOR FEASIBILITY STUDY FOR AN ARTS & EDUCATION CENTER AND A CENTRAL PARK. Action: 1) Accept the donation for a feasibility study; direct the Arts Commission to conduct the study; and put a "hold" on consideration of any other uses for the Newport Village Site for six months. OR 2) Accept the donation for a feasibility study, but take no official action precluding alternate uses of the Newport Village site. OR 3) Decline the offer of funding to conduct a feasibility study. 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. ADJOURNMENT - In memory of Robert S. 'Bob" Knox, Board of Library Trustee SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.