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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 24, 2001 Regular Council Meeting - 7:00 p.m. GARY ADAMS MAYOR TOD W. RIDGEWAY STEVEN BROMBERG Mayor Pro Tem GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN WOOD - Assistant City Manager. Council Member DENNIS D. O'NEIL Council Member JOHN HEFFERNAN Council Member ROBERT BURNHAM - City Attorney, LAVONNE G. BADUM - Director of Public Works, SHARON Z. 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 July 24, 2001 PUBLIC FACILITIES CORPORATION MEETING - 4:30 p.m. [Refer to separate agenda and staff report] STUDY SESSION - 4:30 p.m. CLOSED SESSION - [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT (if annlicable) RECESS + + + + + + + + + + + + + + + + + ++ A. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. INVOCATION - Reverend Father Sean Condon, Our Lady Queen of Angels Church. E. PRESENTATION - None F. NOTICE TO THE PUBLIC If you wish to address the Council, please fill out the yellow sign -in card and place it in the box at the podium. G. 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. H. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1— 16) 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 oil each of the items recommending ara action. There will be no separate discussion of these items prior to the time the Council votes oil the motion unless members of the Council, staff or the public request specific items to be discussed mad /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 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 JULY 10, 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. ORDINANCES FOR INTRODUCTION 3. MODIFICATIONS TO CHAPTER 12.54 OF THE NBMC PERTAINING TO OCEANFRONT BOARDWALK SAFETY PROGRAM. Introduce Ordinance No. 2001 -_ and pass to second reading on August 14, 2001. ORDINANCES FOR ADOPTION 4. NEWPORT COAST ANNEXATION AND DEVELOPMENT AGREEMENT (DA NO. 14). Adopt Ordinance No. 2001 -13 adopting Development Agreement No. 14. MODIFICATIONS TO CHAPTER 2.12, PUBLIC WORKS DEPARTMENT, AND CHAPTER 2.32, DUTIES OF CITY TRAFFIC ENGINEER. Adopt Ordinance No. 2001 -14 and Ordinance No. 2001 -15. 6. KOLL OFFICE SITE B: GENERAL PLAN AMENDMENT (GPA) NO. 97 -3(B), ZONING AMENDMENT NO. 905, TRAFFIC STUDY NO. 119, DEVELOPMENT AGREEMENT NO. 16, AND ENVIRONMENTAL IMPACT REPORT (EIR) NO. 158. 1) Adopt Ordinance No. 2001 -11 approving the Development Agreement; and 2) adopt Ordinance No. 2001 -12 approving the Zoning Amendment. RESOLUTIONS FOR ADOPTION FUNDING FOR THE BALBOA VILLAGE IMPROVEMENT PROJECT. Adopt Resolution No. 2001 -_ regarding the City's intention to incur a tax exempt obligation. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 8. ASSESSMENT DISTRICT NO. 82 — SALE OF BONDS. Adopt Resolution No. 2001 - 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. 82; and 2) approve a budget amendment (BA -002) adjusting revenue estimates in Account No. 400 -6982 in the amount of $366,822 to reflect contributions from property owners and the sale of bonds and increase expenditure appropriations in the amount of $366,822 in Account No. 7401- C5100419 to reflect the net proceeds available to complete construction. 9. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL, ANNUAL REPORT FOR 2000 -2001 FISCAL YEAR, AND ADOPTION OF RESOLUTION OF INTENTION TO LEVY FOR 2001 -2001 FISCAL YEAR. 1) Approve Corona del Mar Business Improvement District 2000 -2001 Annual Report; and 2) adopt Resolution of Intention No. 2001 - to levy for 2001 -2002 Fiscal Year and set the public hearing for August 14, 2001. CONTRACTS AND AGREEMENTS 10. FORD ROAD REHABILITATION — JAMBOREE ROAD TO MACARTHUR BOULEVARD — AWARD OF CONTRACT (C- 3407). 1) Approve the plans and specifications; 2) award the contract (C -3407) (Federal Project No. STPL 5151 (012)) to All American Asphalt for the total bid price of $409,409 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $41,000 to cover the cost for testing and unforeseen work. 11. SAN MIGUEL DRIVE FROM SAN JOAQUIN HILLS ROAD TO FORD ROAD — AWARD OF CONTRACT (C- 3374). 1) Approve the plans and specifications; 2) award the contract (C -3374) (Federal Project No. STPL 5151 (013)) to All American Asphalt for the total bid price of $715,051.18 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $71,500 to cover the cost for testing and unforeseen work. 12. SAN MIGUEL DRIVE ROADWAY IMPROVEMENTS (C -3311) — 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; 4) release the Faithful Performance Bond one (1) year after Council acceptance; and 5) authorize a budget amendment (BA -003) transferring $43,100 from the unappropriated Circulation and Transportation Fund Balance to Account No. 7261- C5100535. MISCELLANEOUS ACTIONS 13. DEDICATION OF ARROYO PARK — JULY 28, 2001 (INFORMATION ONLY). Receive and file. 14. FY 2001 -02 CULTURAL ARTS GRANTS. Approve the recipients for FY 2001 -02 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Policy I -12 — Reserue Fund for Culture and Arts. 15. BUCK GULLY: SHORT -TERM DRY WEATHER URBAN RUNOFF DIVERSION PROJECT. 1) Authorize the City's participation in a short -term (until October 15, 2001) diversion of dry weather flows from Buck Gully into the City's SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS sanitary sewer system; 2) find that the diversion project is categorically exempt under the California Environmental Quality Act (CEQA); 3) authorize the Mayor to execute an Agreement for Short -Term Dry Weather Urban Runoff Diversion at Buck Gully with the Orange County Sanitation District (OCSD); 4) authorize City staff to issue and the City Clerk to record with the County an encroachment permit for a diversion system at the base of Buck Gully after all design criteria and environmental review is complete; and 5) authorize the City Manager to execute any related agreements associated with the proposed diversion where required by state or federal regulatory agencies. 16. CITY COMMENTS ON SARX DRAFT ENVIRONMENTAL IMPACT REPORT (EIR). Direct staff to transmit comments to OCTA. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 speakiug, please state your name and address for the record. K. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 17. PLANNING COMMISSION AGENDA FOR JULY 19, 2001. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS M. PUBLIC HEARINGS 18. KOLL OFFICE SITE B GPA: MEASURE S POST APPROVAL REPORT. Action: 1) Conduct public hearing; 2) Review the Final Report and determine if General Plan Amendment No. 97 -3(B) requires voter approval pursuant to Section 423 of the Newport Beach City Charter; 3) Authorize the Mayor to execute the cost - sharing agreement with the applicant (Koll Center Newport Number A); and 4) Direct the City Clerk's office to submit resolutions to the City Council for consideration on August 14, 2001 that would call the election on November 20, 2001. N. CURRENT BUSINESS 19. INFORMATION REPORT REGARDING STATE LAW REQUIREMENTS FOR MANUFACTURED HOMES ON SINGLE FAMILY RESIDENTIAL LOTS. Action: Accept and file report or direct Planning Department staff to provide limited allowed standards for architectural requirements. 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.