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HomeMy WebLinkAbout0 - City Council Regular AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, September 11, 2007 Regular Council Meeting - 7:00 p.m. STEVEN ROSANSKY Mayor EDWARD D. SELICH DON WEBB Mayor Pro Tern 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://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. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD September 11, 2007 L STUDY SESSION — 4:00 p.m. II. CLOSED SESSION — [Refer to separate agenda from City Attorney] M. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (if applicable) VII. PLEDGE OF ALLEGIANCE VII. INVOCATION — Father Kerry Beaulieu, Our Lady Queen of Angels Church DC- PRESENTATIONS Acknowledgement of 6 -Year Anniversary of 9/11. Cultural Arts Grants Presentations. American Legion Donation to the 1/1 Memorial. X- 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. XI. 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 SPEAHERS TIME LDUT IS UP; YELLOW LIGHT MEANS SPEAHER HAS 1 MINUTE FOR SUMMATION. XIL CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — 17) 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 specifac 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. A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF AUGUST 14, 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. R. ORDINANCE FOR INTRODUCTION 3. IMPLEMENTATION OF PERS ENHANCED RETIREMENT FOR.Mr LA FOR FIRE SAFETY AND MISCELLANEOUS EMPLOYEES. a) Adopt Resolution No. 2007 -_ relating to the City's intention to approve an amendment to the contract between the Board of Administration, California Public Employees' Retirement System (PERS) and the Newport Beach City Council to authorize a "3%x@50" retirement formula for specified safety employees within the lire Department and an employee - funded "2.5%@55" retirement formula for local miscellaneous members; and b) introduce Ordinance No. 2007 -_ relating to a PERS contract amendment, and pass to second reading on October 9, 2007. C. CONTRACTS AND AGREEMENTS 4. LABOR NEGOTIATIONS — NEW MEMORANDA OF UNDERSTANDING (MOUs) WITH MISCELLANEOUS EMPLOYEE BARGAINING UNITS, THE POLICE EMPLOYEES ASSOCIATION (PEA), AND THE NEWPORT BEACH FIRE FIGHTERS ASSOCIATION (FFA); SUPPLEMENTAL MOUs WITH PEA AND FFA; NON -MOU AGREEMENT WITH HEY AND MANAGEMENT PERSONNEL. a) Authorize the Mayor to execute comprehensive new 3- year Memoranda of Understanding (MOUs) with the Newport Beach City Employees Association (CEA), the Newport Beach Employees League (League), and the Newport Beach Professional and Technical Employees Association (Prof - Tech); b) authorize the Mayor to execute supplements to the existing MOUs with the PEA and FFA that incorporate an employee - funded 2.5% at 55 retirement program for non - safety personnel with the California Public Employees Retirement System (PERS); c) authorize the Mayor to execute specific new 10 -year MOUs with CEA, League, Prof -Tech, PEA, and FFA limiting future negotiations to change the proposed 2.5% at 55 PERS plan and its employee -paid nature; and d) authorize the same level of benefits (same as non - safety miscellaneous employees) for "Key and Management" personnel. 5. SELECTION OF A VENDOR FOR CONTRACT NEGOTIATIONS FOR THE LANDSCAPE MAINTENANCE OF PUBLIC AREAS IN NEWPORT COAST. Direct staff to negotiate a two -year agreement with Park West Landscape Maintenance, Inc., of Santa Ana, to provide landscape maintenance services in the Newport Coast area, and return to the September 250i City Council meeting with an agreement for approval. 6. IRVINE AVENUE AND DOVER DRIVE 24" WATER MAIN (C -3708) — APPROVAL OF AMENDMENT NO. 1 TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH ARROYO GEOTECHNICAL FOR SUPPLEMENTAL MATERIALS TESTING AND GEOTECHNICAL SERVICES. Approve Amendment No. 1 to On -Call Professional Services Agreement (PSA) with Arroyo Geotechnical for supplemental materials testing and geotechnical services specifically for the Irvine Avenue and Dover Drive 24" Water Main contract. 7. BACK BAY SCIENCE CENTER (C -3460) — COMPLETION AND ACCEPTANCE WITH J.G. TATE FIRE PROTECTION, STANDARD DRYWALL, INC., U.P. LANDSCAPING, CONTROL AIR, AND CONTINENTAL PLUMBING. a) Accept the work performed and completed by J.G. Tate Fire Protection, Standard Drywall, U.P. Landscaping, Control Air, and Continental Plumbing; b) authorize the City Clerk to file a Notice of Completion for each trade contractor, c) authorize the City Clerk to release the Labor and Materials Bonds 35 days after the Notice of Completions have been recorded in accordance with applicable portions of the Civil Code; and d) release the Faithful Performance Bonds one year after Council acceptance. 8. 2006 -2007 CITYWIDE STREET, PARKING LOT, AND STORM DRAIN IMPROVEMENTS (C -3793) — COMPLETION AND ACCEPTANCE. a) Accept the work; b) authorize the City Clerk to file a Notice of Completion; c) 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 d) release the Faithful Performance Bond one year after Council acceptance. 9. CLIFF DRIVE PARK STAIRWAY AND HANDRAIL REPLACEMENTS — AWARD OF CONTRACT (C- 3795). a) Approve the plans and specifications; b) award C -3795 to G2 Construction, Inc. for the total bid price of $147,426.60 and authorize the Mayor and City Clerk to execute the contract; and c) establish an amount of $14,700 to cover the cost of unforeseen work. 10. MARINERS PARK IMPROVEMENTS — AWARD OF CONTRACT (C- 3806). a) Approve the construction drawings and specifications; b) award C -3806 to Environmental Construction Inc. for the total price of $861,216.00 which includes the total base bid price of $786,710.00 and all three alternative bid items totaling $74,506.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $86,122.00 (10%) to cover the cost of unforeseen work; and d) approve funding for geotechnical and material testing services in the amount of $7,000 with Harrington Geotechnical Engineering per the existing On -Call Professional Services Agreement. 11. RIVO ALTO COPING REPLACEMENT; FINLEY AVENUE AT 36TH STREET BULKHEAD REPAIR; 26TH STREET TIDE GATE STRUCTURE AND BULKHEAD IMPROVEMENTS; AND VIA LIDO WALL REPLACEMENT (C -3657) — AWARD OF CONTRACT. a) Approve the construction drawings and specifications; b) award the contract (C -3657) to John S. Meek Co., for the total bid price of $836,000.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $83,600 (10%) to cover the cost of unforeseen work; and d) approve a budget amendment (08BA -010) transferring $139,000 from Account No. 7231- C5100836, Ocean Pier Repairs, to Account No. 7231 - 05100887 for 26th Street Tide Structure and Bulkhead Improvements, and transferring $281,000 from Account No. 7231- C5100836, Ocean Pier Repairs, to Account No. 7231- C5100738 for Via Lido Crib Wall Replacement, geotechnical testing and project contingency. 12. PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY FOR ON -CALL UNDERGROUND UTILITY REPAIRS. Approve the agreement with Doty Bros. Construction Company for underground utility repairs on an on -call basis. 13. APPROVAL OF PROFESSIONAL SERVICE AGREEMENT WITH SUPERIOR GUNITE FOR EPDXY COATING SAFETY PLATES, OIL FIELD TANK TOPS, AND WASTEWATER MANHOLES. Approve a professional services agreement with Superior Gunite for the surface preparation and epoxy coating of safety plates, oil field storage tank tops, and 80 vertical feet of wastewater manholes for a not to exceed price of $81,050.00, and authorize the Mayor and City Clerk to execute the agreement. 14. AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND HOAG MEMORIAL HOSPITAL PRESBYTERIAN FOR THE DELIVERY OF NATURAL GAS. Approve an agreement with Hoag Memorial Hospital Presbyterian for delivery of excess natural gas produced from the sixteen (16) City -owned oil wells as a by- product of oil extraction activities, and authorize the Mayor and the City Clerk to execute the agreement. 15. MARINE 1/1 BATTALION MEMORIAL SCULPTURE CONCEPT AND DESIGN: APPROVAL OF CONTRACT, LOCATION OF SCULPTURE AND STATIONERY FOR MARINE 1/1 MEMORIAL COMMITTEE. a) Approve Marine 1/1 Battalion sculptural concept, design, fabrication, and installation, and authorize the City Manager to approve an agreement, with concurrence of the Marine 1/1 Memorial Committee, with selected artist/sculptor Benjamin Victor of Benjamin Victor Studios for a bronze sculpture, base, plaque, and four benches, including transportation and installation; b) approve Castaways Park site, on Dover Drive, as the recommended location for installation of the Marine 1/1 Memorial bronze sculpture/monument; and c) approve the letterhead for the Marine 1/1 Memorial Committee. D. MISCELLANEOUS 16. BIG CANYON CREEK RESTORATION PROJECT — ADOPTION OF MITIGATED NEGATIVE DECLARATION. Adopt the Mitigated Negative Declaration. 17. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE MARTHA J. FLEENER TRUST AND APPROPRIATE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY 2007 -08. Approve a budget amendment (08BA -009) to increase revenue estimates by $30,000 in Account No. 4010 -5901 (Private Donations and Contributions) and to increase expenditure appropriations in 4017 -9006 (Software Licenses) by the same amount due to the receipt of funds from the Martha J. Fleener Trust. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XHL ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. PUBLIC HEARINGS 18. CODE AMENDMENT NO. 2007 -004 — SCREENING OF MECHANICAL EQUIPMENT (PA2007 -056) — ADDING REGULATIONS REQUIRING THE SCREENING OF ALL EXTERIOR ROOF - MOUNTED AND GROUND - MOUNTED MECHANICAL EQUIPMENT ON PROPERTIES IN ALL ZONING DISTRICTS. Action: a) Conduct public hearing; and b) introduce Ordinance No. 2007 -_ approving Code Amendment No. 2007 -004, and pass to second reading on September 25, 2007. 19. PACIFIC VIEW MEMORIAL PARK DEVELOPMENT AGREEMENT NO. 7 — 3500 PACIFIC VIEW DRIVE (PA2006 -282) — TO ALLOW THE CONSTRUCTION OF A SIX (6) FAMILY MAUSOLEUM AND ESTATE GARDENS IN LIEU OF A 7,200 SQUARE FOOT COMMUNITY MAUSOLEUM IN BUILDING SITE "H" OF AREA 8. Action: a) Conduct public hearing; b) accept the status report on Development Agreement No. 7; c) adopt Resolution No. 2007 -_ for Use Permit No. 2006 -040 and Negative Declaration No. 2007 -001; and d) introduce Ordinance No. 2007 -_ for Development Agreement No. 2006 -001, and pass to second reading on September 25, 2007. XV. 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. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVH. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 20. PLANNING COMMISSION AGENDAS FOR AUGUST 23, 2007, AND SEPTEMBER 6, 2007. Action: a) Receive oral report on the most recent Planning Commission actions; b) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and c) receive and file written reports. 21. USE OF FUNDS FROM LENNAR HOMES OF CALIFORNIA, INC. IN CONNECTION WITH DEVELOPMENT AGREEMENT FOR SANTA BARBARA CONDOMINIUMS (contd. from 8114107). Action: Provide direction to staff on allocation of funds. XDI. CURRENT BUSINESS XX. 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.