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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 23, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH DON WEBB Mayor Pro Tem Council Member LESLIE J. DAIGLE Council Member MICHAEL F. HENN Council Member KEITH D. CURRY Council Member NANCY GARDNER 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:!lwww.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 January 23, 2007 STUDY SESSION - 4:00 p.m 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 annficable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Reverend Dr. Lydia Sarandan, St. Andrews Presbyterian Church F. L'RESENTATIONS Distinguished Speakers Series 10 1h Anniversary. G. NOTICE TO THE PUBLIC The City prouides 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. Tfee 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 - 13) 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 WNUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR MEETING AND REGULAR MEETING OF JANUARY 11, 2007. 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 INTROD UCTION 8. ORDINANCE AMENDING SECTION 7.20.010 OF TITLE 7 PERTAINING TO ANIMAL NUISANCE. Introduce Ordinance No. 2007 -- and pass to second reading on February 13, 2007. CONTRACTS 4. NEWPORT SHORES ALLEY REPLACEMENT — AWARD OF CONTRACT (C- 8722). 1) Approve the plans and specifications; 2) award the contract (C -3722) to Nobest, Inc. for the total bid price of $1,100,000, and authorize the Mayor and the City Clerk to execute the contract; and 2) establish an amount of $110,000 to cover the cost of unforeseen work. 5. SANTA ANA HEIGHTS FIRE STATION TRAINING TOWER AWARD OF CONTRACT (C- 8852). 1) Approve the plans and specifications; 2) award the contract (C -3852) to Nielsen Building Systems, Inc. for the total bid price of $842,600 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $84,260 to cover the cost of unforeseen construction expenses; and 4) approve a budget amendment (07BA -038) appropriating $186,860 from the unappropriated General Fund balance to 7011- C2320715. 6. SUPPLEMENTAL MEMORANDA OF UNDERSTANDING (MOU) REGARDING RETIREE MEDICAL PROGRAM (MERP) WITH CITY EMPLOYEES ASSOCIATION, FIRE MANAGEMENT ASSOCIATION, FIREFIGHTERS ASSOCIATION, EMPLOYEES LEAGUE AND PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION. Approve and authorize the Mayor to execute the Supplemental Memoranda of Understanding (SMOUs). BACK BAY SCIENCE CENTER: BUDGET AMENDMENT, AUTHORIZATION FOR CONTRACT AMENDMENTS. 1) Approve Amendment No. 1 to the Construction Management at Risk Agreement with Douglas E. Barnhart, Inc., increasing their compensation by $239,815 (with up to $100,000 of that pending Admin Wing authorization) and authorize the Mayor and City Clerk to execute the Amendment; 2) approve Amendment No. 3 to the Professional Services Agreement with Ron Yeo, FAIR, Architect, increasing his compensation by $64,000 and authorize the Mayor and City Clerk to execute the Amendment; 3) approve Amendment No. 4 to the Professional Services Agreement with Gail P. Pickart, P.E., increasing his compensation by $34,520 and authorize the Mayor and City Clerk to execute the Amendment; 4) authorize the City Manager to enter into a contract with the State of California or its Department of Fish and Game to accept $800,000 for the design, construction, construction management, and contingency for the Back Bay Science Center's Administration Wing, provided that the contract fully compensates the City and its contractors for design and construction management; 5) authorize the City Manager or his designee to execute or amend any construction trades and consultants' contracts reflecting the Administration Wing Project, provided that costs do not exceed $800,000 in total costs (contingency, trades, consultants) for the Wing; 6) authorize the City Manager or his designee to execute or amend any construction trades or management contract requested by the County of Orange for change orders to the Water Quality Lab Wing, provided that such change orders are approved by the County Board of Supervisors, fully funded by the County and contain a 15% management fee to compensate the City and its contractors; 7) direct the City Manager to seek reimbursement by the BBSC partners for their share of osprey delay costs and additional design or construction management costs, where such costs are not covered in change orders or new contracts; and 8) approve a budget amendment (07BA -040) that does the following: a) appropriates $1,082,358 from the unappropriated Tide and Submerged Lands Fund or General Fund Reserves to Account No. 7457- C0310600 (BBSC) [$800,000 of these funds shall only be appropriated if the City reaches an agreement with the State or DF &G to accomplish the Admin Wing]; b) creates contribution obligations back to the Tide and Submerged Lands Fund or General Fund of $800,000 from the State of California or its Department of Fish and Game for the BBSC Administration Wing (and related costs) and up to $159,213 from the County of Orange for change orders, osprey delay share, and management fee; and at least $88,707 from the BBSC's contingency account. 8. NEWPORT BOULEVARD BIOSWALE — COMPLETION AND ACCEPTANCE OF CONTRACT (C- 8741). 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) approve a budget amendment (07BA -039) appropriating $26,000 from the unappropriated General Fund balance to 7014 - 05100596 to cover extra costs to the project. 9. POLICE FACILITY PERIMETER SECURITY FENCE — AWARD OF CONTRACT (C- 8861). 1) Approve the plans and specifications; 2) award the contract (C -3861) to Lightning Fence Co. for the total bid price of $387,000 and authorize the Mayor and the City Clerk to execute the contract; and 3) establish an amount of $38,700 to cover the cost of unforeseen construction expenses. 10. OPERATING AGREEMENT FOR NEWPORT RIDGE PARK. Authorize the Mayor to execute an Operating Agreement with the Newport Ridge Community Association in a form substantially similar to the draft Operating Agreement attached to the staff report. 11. PURCHASE OF 2007 JUNIOR LIFEGUARD PROGRAM UNIFORMS. Award the 2007 City of Newport Beach Junior Lifeguard Program uniform contract to Quiksilver/Roxy for the total cost of $150,100 (excluding tax). 12. MEMORANDUM OF UNDERSTANDING WITH POLICE EMPLOYEES ASSOCIATION. Approve and authorize the Mayor and City Clerk to execute the Memorandum of Understanding (MOLT) with the Police Employees Association for the period of January 1, 2007 through December 31, 2009. MISCELLANEOUS 13. APPOINTMENT TO THE COASTAL -BAY WATER QUALITY CITIZENS ADVISORY COMMITTEE. Appoint Ray Halowski as the designee of District #1 Council Member Mike Henn to the Coastal -Bay Water Quality Committee, effective immediately. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC HEARING 14. CODE AMENDMENT 2006 -008 - APPEAL PROCEDURES (PA 2006 -257) - AMENDMENT TO REVISE APPEAL PROCEDURES TO ALLOW A SINGLE CITY COUNCIL MEMBER TO APPEAL DECISIONS OF THE ZONING ADMINISTRATOR, PLANNING DIRECTOR AND PLANNING COMMISSION. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2007 -_ approving Code Amendment No. 2006 -008 and pass to second reading on February 13, 2007. 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 N. 15. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. Action: Appoint one of the two nominees (Timothy Stoaks or Bradley Hillgren) to fill the vacancy on the Planning Commission, which was created as a result of the election of Michael Henn to the City Council. 16, APPOINTMENTS BY THE MAYOR TO THE CITY COUNCIL/CITIZENS AD HOC COMMITTEE ON MARINA PARK DESIGN AND ALTERNATES TO JOINT GOVERNMENT COMMITTEES. Action: Confirm the following appointments as recommended by the Mayor: I. COUNCIL/CITIZENS AD HOC COMMITTEES A. City Council/Citizens Advisory Committee on Marina Park Design 1. Council Member 2 Council Member 3. Protect Our Parks Member 4. Harbor Commissioner 5. Parks, Beaches and Recreation Commissioner 6. American Legion Post 291 Designee 7. Girl Scout Council of Orange County Designee 8. Sailing or Rowing Organization Designee 9. Neighborhood Representative Designee III. REPRESENTATIVES TO JOINT GOVERNMENTAL A. Oranee County— Council of Governments OCCOG) Council Member Nancy Gardner (Alt) B. Southern California Association of Governments (SCAG) 1. Mayor Pro Tem Edward Selich (Alt.) O. CURRENT BUSINESS 17. TRAFFIC SIGNAL MODERNIZATION - PHASE 1 DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. Action: Approve a Professional Services Agreement with Iteris, Inc. of Anaheim for design of the Traffic Signal Modernization - Phase 1 at a contract price of $263,215 and authorize the Mayor and City Clerk to execute the Agreement. 18. RESOLUTION RELATING TO THE FORMATION OF THE INTENSE RESIDENTIAL OCCUPANCY COMMITTEE (A CITY COUNCIL - CITIZENS ADVISORY COMMITTEE); BUDGET AMENDMENT FOR RESIDENTIAL RECOVERY FACILITIES CONFERENCE. Action: 1) Adopt Resolution No. 2007 -_ forming the Intense Residential Occupancy Committee (a City Council- Citizens Advisory Committee subject to the Ralph M. Brown Act); and 2) Approve a budget amendment (07BA -041) appropriating $20,000 from unencumbered General Fund reserves to the City Council's 8100 Account for the March 2, 2007 Residential Recovery Facilities Conference for local public officials. 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. Q. ADJOURNMENT — In memory of John Crean