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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 13, 2002 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR STEVEN BROMBERG GARY ADAMS Mayor Pro Tem Council Member GARY L. PROCTOR Council Member NORMA J. GLOVER Council Member DENNIS D. O'NEIL Council Member JOHN HEFFERNAN Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, STEPHEN G. BADUM - 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 August 13, 2002 - 4:30 p.m V - [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 -Paul Sansevieri, Chairman, State of California for the Christian Coalition F. PRESENTATION - None G. 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. H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): 1 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. 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 inotion in the form listed below. The City Council Members have received detailed staff reports on each of the items recommending all 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 itein 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. EADING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JULY 23, 2002. 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. VEHICLE CODE ENFORCEMENT WITHIN JASMINE PARK. Introduce Ordinance No. 2002 - authorizing application of California Vehicle Code to Private Roads in the Jasmine Park Development, and pass to second reading on August 27, 2002. 4. IMPLEMENTATION OF 3 %Q50 RETIREMENT FOR POLICE EMPLOYEES. Introduce Ordinance No. 2002 authorizing an Amendment to the Contract Between the City and the Board of Administration of the California Public Employees' Retirement System, and pass to second reading on August 27, 2002. CONTRACTS AND AGREEMENTS 5. AGREEMENT FOR COIN - OPERATED VIEWERS ON CITY PROPERTY (contd. from 7/9102 & 7/23/02). Authorize the Mayor to execute a License Agreement with Tower Optical Company, Inc. for the operation of coin operated binocular viewers at various locations within the City of Newport Beach. 6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR LIDO ISLE BRIDGE REPAIR (C- 3538). Approve a Professional Services Agreement with Han - Padron Associates, in the amount of $40,000 and authorize the Mayor and the City Clerk to execute the Agreement. 7. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE BRIDGE SEISMIC RETROFIT ANALYSIS (C- 3531). Approve a Professional Services Agreement with Dokken Engineering in the amount of $132,697.97 and authorize the Mayor and the City Clerk to execute the Agreement. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 8. RELEASE OF BONDS FOR PUBLIC IMPROVEMENTS — TRACT NO. 15332 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15332; 2) authorize the City Clerk to release the faithful performance bonds for on -site improvements, Ford Road and Jamboree Road off -site improvements (Bond No's. 5907684, 5907685 & 5907686 respectively); and 3) authorize the City Clerk to release the labor and materials bonds for on -site improvements and Ford Road and Jamboree Road off -site improvements (Bond No's. 5907684, 5907685 and 5907686 respectively) in six months, provided no claims have been filed. 9. RELEASE OF BONDS FOR NONSTANDARD IMPROVEMENTS — TRACT NO. 15387 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve an Agreement with One Ford Road Homeowners Association for construction and maintenance of non - standard curbs, gutters, sidewalks, guard house, landscape, and gate improvements in Lot E (Southern Hills Drive) and tree landscape in Lot H (Troon Drive) in the private streets constructed with Tract No. 15387; 2) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 3) approve an Agreement with One Ford Road Homeowners Association for construction and maintenance of non - standard wood fence, pilasters, freestanding fountains, and landscape improvements in a sewer easement located in Lot 11 of Tract 15387 and Parcel 4 of Lot Line Adjustment 99 -04 constructed with Tract No. 15387; 4) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 5) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15387; 6) authorize the City Clerk to release the faithful performance bond for on -site improvements (Bond No. 5907679); and 7) authorize the City Clerk to release the labor and material bond for on -site improvements (Bond No. 5907679) in six months provided no claims have been filed. 10. RELEASE OF BONDS FOR NONSTANDARD IMPROVEMENTS — TRACT NO. 15388 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve an Agreement with One Ford Road Homeowners Association for the construction and maintenance of non - standard landscape improvements, landscape lighting, area drain improvements, and appurtenances in a sewer easement in Lot L and Lot M, and for decorative paving in Lot H (Gleneagles Drive) in Tract No. 15388; 2) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 3) approve an Agreement with One Ford Road Homeowners Association for construction and maintenance of non - standard landscape improvements, landscape lighting, area drain improvements, and appurtenances in a sewer easement in Lot 62 and Lot 63 in Tract No. 15388; 4) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 5) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15388; 6) authorize the City Clerk to release the faithful performance bond for on -site improvements (Bond No. 5907680); and 7) authorize the City Clerk to release the labor and material bond for SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. on -site improvements (Bond No. 5907680) in six months provided no claims have been filed. 11. RELEASE OF BONDS FOR NONSTANDARD IMPROVEMENTS — TRACT NO. 15389 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve an agreement with One Ford Road Homeowners Association for construction and maintenance of non - standard decorative street paving in the private streets constructed with Tract No. 15389; 2) authorize the Mayor and the City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 3) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15389; 4) authorize the City Clerk to release the faithful performance bond for on -site improvements (Bond No. 5907681); and 5) authorize the City Clerk to release the labor and material bond for on -site improvements (Bond No. 5907681) in six months provided no claims have been filed. 12. RELEASE OF BONDS FOR NONSTANDARD IMPROVEMENTS — TRACT NO. 15390 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve an Encroachment Agreement with One Ford Road Homeowners Association for construction and maintenance of non - standard decorative street paving in Tract No. 15390; 2) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 3) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15390; 4) authorize the City Clerk to release the faithful performance bond for on -site improvements (Bond No. 5907682); and 5) authorize the City Clerk to release the labor and material bond for on -site improvements (Bond No. 5907682) in six months provided no claims have been filed. 13. RELEASE OF BONDS FOR NONSTANDARD IMPROVEMENTS — TRACT NO. 15391 — EASTERLY SIDE OF JAMBOREE ROAD BETWEEN FORD ROAD AND BISON AVENUE (DEVELOPER — PACIFIC BAY HOMES). 1) Approve an agreement with One Ford Road Homeowners Association for construction and maintenance of non - standard landscape improvements, wrought iron fence, pilasters, lighting, and appurtenances in the sewer easement in Lot 31 constructed with Tract No. 15391; 2) authorize the Mayor and City Clerk to execute the Agreement and direct the City Clerk to have the Agreement recorded with the Orange County Recorder; 3) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15391; 4) authorize the City Clerk to release the faithful performance bond for on -site improvements (Bond No. 5907683); and 5) authorize the City Clerk to release the labor and material bond for on -site improvements (Bond No. 5907683) in six months provided no claims have been filed. 14. FIRST AMENDMENT TO THE 1997 CITY -OCFA (ORANGE COUNTY FIRE AUTHORITY) ANNEXATION AGREEMENT REGARDING PROPERTIES IN THE NEWPORT COAST. Authorize the Mayor to execute the Pt Amendment to the 1997 City -OCFA Annexation Agreement. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS MISCELLANEOUS ACTIONS 15. APPROVAL OF "TASTE OF NEWPORT" BANNERS. Conditionally approve the request of Newport Beach Chamber of Commerce for the installation of 217 banners, from the 2151 of August to the 20th of September 2002 with the installation along Jamboree Road, MacArthur Boulevard, Westcliff Drive, San Joaquin Hills Road, Newport Center Drive East/West and Newport Center Drive. 16. BUDGET AMENDMENT TO INCREASE FY 2003 BUDGET FOR THE LITERACY SERVICES DIVISION FUNDED BY DONATIONS DEPOSITED IN LIBRARY FOUNDATION LIABILITY ACCOUNT. Approve BA -001 in the amount of $25,200. 17. APPOINTMENT TO THE AVIATION COMMITTEE FROM THE NEWPORT COAST. Confirm the appointment of Judith B. Whitmore as the Newport Coast's representative to the Newport Beach Aviation Committee. 18. BUDGET AMENDMENT TO RE- APPROPRIATE FUNDS FOR THE BALBOA PENINSULA SIGN AMORTIZATION & INCENTIVE PROGRAM. Authorize a budget amendment (BA -002) transferring $50,000 from General Fund unappropriated reserves to Account 7014- C2700701. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC COMMENTS Public Comments are invited on non - agenda items generally considered to be within the subject inatter jurisdiction of the Council -- Speakers must limit comments to 3- minutes. Before speaking, please state your name and address for the record. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 19. PLANNING COMMISSION AGENDA FOR AUGUST S, 2002. Action: 1) Receive oral report on the most recent Planning Commission actions; and 2) Receive and file written report. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. PUBLIC HEARINGS 20. PACIFIC BAY HOMES (PA2001 -250) - ONE FORD ROAD - APPEAL OF THE PLANNING COMMISSION DECISION TO DENY A REQUEST TO AMEND THE PLANNED COMMUNITY DEVELOPMENT PLAN TO ALLOW THE INSTALLATION OF INDEPENDENT KITCHEN FACILITIES WITHIN GUEST COTTAGES. THE 11 PROPERTIES ASSOCIATED WITH THE REQUEST ARE IDENTIFIED AS PARCEL NOS. 1 THROUGH 8 (ON TROON DRIVE) AND LOTS 9 AND 13 (ON TURNBERRY DRIVE) OF TRACT MAP NO. 15387 AND LOT NO. 21 (ON HONORS DRIVE) OF TRACT MAP NO. 15389 (contd. from 6/11/02 & 6125/02). Action: 1) Conduct public hearing; 2) Uphold the Planning Commission decision to deny the applicant's request; and 3) Adopt Resolution No. 2002 -_ denying the appeal of Planning Community Development Text Amendment No. 2002 -003 for the single - family residential community identified as One Ford Road 21. HOAG MEMORIAL HOSPITAL PRESBYTERIAN (PA2002 -038) - ONE HOAG DRIVE - REQUEST TO AMEND THE HOAG MEMORIAL HOSPITAL PRESBYTERIAN PLANNED COMMUNITY (PC -38) DEVELOPMENT CRITERIA AND DISTRICT REGULATIONS PERTAINING TO FLOOR AREAS THAT APPLY TOWARDS THE ESTABLISHED MAXIMUM DEVELOPMENT ALLOCATION. THE APPLICANT SEEKS TO EXEMPT FLOOR AREAS THAT ARE: 1) USED TO HOUSE STRUCTURAL SYSTEMS AS A RESULT OF MANDATES BY OTHER GOVERNMENTAL AGENCIES; AND 2) USED TO ENCLOSE THE ROOFTOP MECHANICAL LEVEL. BOTH OF THESE AREAS ARE NOT REGULARLY OCCUPIED BY HUMAN ACTIVITY(contd. from 7/9102). Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2002 -_ regarding approval of Planned Community Development Text Amendment 2002- 001, and pass to second reading on August 27, 2002. 22. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL: PUBLIC HEARING AND LEVYING OF ASSESSMENTS FOR 2002 -2003 FISCAL YEAR. Action: 1) Hold public hearing regarding the renewal of the Corona del Mar Business Improvement District; and 2) a. If protests represent less than 50 percent of the total assessment amount adopt Resolution No. 2002 - confirming the levying of assessments; OR b. If protests represent 50 percent or more of the total assessment abandon the proceedings to renew the District. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS O. CURRENT BUSINESS 23. RESOLUTION NO. 2002 - AND MEMORANDUM OF UNDERSTANDING (MOU) RELATING TO SANTA ANA HEIGHTS, BAY KNOLLS, AND EMERSON /CHURCHILL ANNEXATIONS. Action: 1) Adopt Resolution No. 2002 -_ relating a property tax exchange agreement for the City's pending annexation of three unincorporated areas between Newport Beach and Costa Mesa; and 2) Authorize the City Manager to enter into a Memorandum of Understanding (MOU) substantially similar to the draft MOU relating to the Santa Ana Heights Specific Plan and the City's operation of a fire station in Santa Ana Heights. 24. BALBOA VILLAGE DESIGN GUIDELINES. Action: Adopt Resolution No. 2002 -_ to initiate the consideration of design guidelines for Specific Plan District #8 Central Balboa, and refer to the Planning Commission for public hearing. 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 ineeting may be made only by one of the Council members who voted with the prevailing side. Q. ADJOURNMENT 7 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.