Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, April 25, 2006 Regular Council Meeting - 7:00 p.m. DON WEBB MAYOR STEVEN ROSANSKY EDWARD D. SELICH Mayor Pro Tern TOD W. RIDGEWAY Council Member LESLIE J. DAIGLE Council Member Council Member RICHARD A. NICHOLS Council Member KEITH D. CURRY 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. NBON - 'saifins 7hroulh A Cer %M NEWPORT BEACH 1906-2006 NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD April 25, 2006 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 Iif apulicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION - Pastor John Embree, Newport Harbor Lutheran Church F. PRESENTATIONS Relay for Life Centennial Poster Contest Winner Presentations G. 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 jive minutes on agenda items. 771e 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I - 20) 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 prouided at the podium. READING OFMINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 11, 2006. 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. AMENDMENT TO THE 1997 UNIFORM ADMINISTRATIVE CODE ESTABLISHING A JOINT BUILDING AND FIRE CODE APPEALS BOARD. Introduce Ordinance No. 2006 and pass to second reading on May 9, 2006. RESOLUTION FOR ADOPTION 4. RESOLUTION EXTENDING THE CITY COUNCIL'S AD HOC COMMITTEE ON OIL & GAS FIELD OPERATIONS. Adopt Resolution No. 2006 extending indefinitely the term of the City Council's Ad Hoc Committee on Oil and Gas Field Operations. CONTRACTS AND AGREEMENTS 5. CENTENNIAL BOOK AGREEMENT WITH OCR MAGAZINES. 1) Approve the proposal submitted by OCR Magazines; 2) allow the final form of the Professional Services Agreement with OCR Community Publications to be approved by the Council Members on the Centennial Steering Committee and the City Attorney; and 3) authorize the City Manager to execute the agreement. 6. TRAFFIC SIGNAL UPGRADES FY04 -05 - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3764). 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 year after Council acceptance. 7. NEWPORT BOULEVARDIHOSPITAL ROAD RIGHT TURN MODIFICATIONS - AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING. Approve Amendment No. 3 to Professional Services Agreement with W.G. Zimmerman Engineering, Inc. and authorize the Mayor and City Clerk to execute the Amendment. 8. IRVINE AVENUE WATER MAIN - UNIVERSITY DRIVE TO BRISTOL STREET SOUTH - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3411). 1) Accept the work; 2) authorize staff to encumber $69,133.50 from the Water Transmission Main Master Plan Improvement account balance to W.A. Rasic for work completed; 3) authorize the City Clerk to file a Notice of Completion; 4) 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 5) release the Faithful Performance Bond one (1) year after Council acceptance. 9. BACK BAY SCIENCE CENTER - APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH BAGAHI ENGINEERING, INC. Approve Amendment No. 3 to Professional Services Agreement with Bagahi Engineering, Inc. for geotechnical observation and testing in support of the Back Bay Science Center construction for an amount not to exceed $66,260 to be funded from Account No. 7251- C0310600, and authorize the Mayor and City Clerk to execute the Amendment. 10. JAMBOREE ROAD REHABILITATION FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET - AWARD OF CONTRACT (C- 3785). 1) Approve the plans and specifications; 2) award the contract (C- 3785) to R.J. Noble Company for the total bid price of $911,669.50 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $90,000.50 to cover the cost of unforeseen work as needed under the existing on -call professional services agreements and an amount of $18,500 for geotechnical and materials testing services; and 4) approve a budget amendment (06BA -062) appropriating $181,420 from the Measure M fund balance to Account No. 7281- C5100831. 11. BIOLOGICAL RESOURCE SERVICES FOR NEWPORT COAST - AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CHAMBERS GROUP, INC. 1) Approve a budget amendment (06BA -060) transferring $8,500 from the Morning Canyon Stabilization Project (7014 - 05100805) to the Newport Coast Watershed Assessment and Monitoring (7014- C5100851); and 2) approve Amendment No. 1 to the Professional Services Agreement with Chambers Group, Inc. of Irvine for a not -to- exceed fee of $8,500 and authorize the Mayor and City Clerk to execute the Amendment. 12. NEWPORT COAST COMMUNITY CENTER AND SANTA ANA HEIGHTS FIRE STATION AND TRAINING FACILITY - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH GKK WORKS. Approve a Professional Services Agreement for construction management services with GKK Works and authorize the Mayor and City Clerk to execute the Agreement in the amount of $539,111. 3 13. BUDGET AMENDMENT AND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH RBF CONSULTING TO PROVIDE SURVEY AND IMPLEMENTATION OF THE AMORTIZATION PROGRAM FOR IDENTIFIED NONCONFORMING SIGNS. 1) Approve a budget amendment (06BA -061) to transfer $33,000 from unappropriated General Fund reserve, 010- 3605, to Account number 2710 -8261, Special Expense, Sign Regulations; and 2) approve and authorize the :Mayor and City Clerk to sign the amendment to the agreement. 14. AMENDMENT TO JOINT POWERS AUTHORITY AGREEMENT - INTEGRATED LAW AND JUSTICE AGENCY. 1) Adopt Resolution No. 2006 -_ which amends Resolution No. 2005 -55, which authorized the City of Newport Beach to participate in the Integrated Law and Justice Agency of Orange County (ILJAOC) and authorized the Mayor to execute the Amended Joint Powers Agreement (JPA); and 2) authorize the City Manager and Police Chief to execute any related documents consistent with the implementation of this Agreement and grant continuing authority to the City Manager to execute anticipated amendments to the JPA as recommended by the Chief of Police and approved by the City Attorney and determined to be non - substantive in nature. 15. 2005 -2006 VARIOUS CITY SEWER MAIN IMPROVEMENTS AND BIG CANYON TRUNK SEWER REPLACEMENT - AWARD OF CONTRACT (C- 3562). 1) Approve Letter Agreement between Big Canyon Country Club, Orange County Sanitation District (OCSD) and the City regarding the construction of the Big Canyon Trunk Sewer Replacement, amended and restated City Easements, and Quitclaim of City Easement; 2) approve Construction Access Agreement with the Big Canyon Country Club for the construction of the Big Canyon Trunk Sewer Replacement; 3) approve the plans and specifications; 4) award the contract (C -3562) to Beador Construction for the Total Bid Price of $4,063,300, and authorize the Mayor and the City Clerk to execute the contract, contingent upon OCSD obtaining all OCSD easements necessary to construct the project and OCSD Board's approval on April 26, 2006 of the Letter Agreement noted above as Recommendation No. 1 and OCSD Board ratification of the OCSD staff letter agreement to reimburse the City for work performed by Clarke Contracting Corporation; 5) establish an amount of $400,000 (10 %) to cover the cost of unforeseen work; 6) approve Amendment No. 1 to Professional Services Agreement with Walden and Associates for additional design and construction services for the Big Canyon Trunk Sewer Replacement for a not to exceed additional fee of $89,150; 7) approve Professional Services Agreement with AESCO Technologies, Inc. for geotechnical and material testing for the Big Canyon Trunk Sewer Replacement for a not to exceed fee of $42,390; 8) approve a budget amendment (06BA -064) appropriating $3,382,675 to Account No. 7251- C5600292 for the Big Canyon Trunk Sewer Replacement and increase revenue estimates by $3,523,200.42, representing OCSD's contribution for this work and including a 4% City administrative fee on the construction costs; and 9) approve a budget amendment (06BA -064) transferring $378,000 from the Buck Gully Sewer Force Main Realignment project (Account No. 7531- C5600861), $75,000 from the CdM Main Beach Sewer Relocation project (Account No. 7531- C5600862) and $150,000 from the Wastewater Enterprise unappropriated fund balance to Sewer Main Master Plan Improvements Account No. 7531- C5600292 and appropriate $19,000 from the General Fund unappropriated fund balance to Storm Drain Improvement Program Account No. 7012- C510008. 4 MISCELLANEOUS 16. CORONA DEL MAR HIGH SCHOOL PARKING LOT PAVING. Authorize reimbursement of $80,052.50 to the Newport :Mesa Unified School District for one - half the cost to reconfigure and repave the parking lot and drop -off area at Corona del Mar High School to be paid from Account 7261- C5200853. 17. REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED TO THE ADOPTION OF INTERIM URGENCY ORDINANCE NOS. 2005 -7 AND 2005 -11 REGULATING MEDICAL MARIJUANA DISPENSARIES. Receive and file the report. 18. PROPOSED CITY COUNCIL POLICY B -17 /PARKS, FACILITIES AND RECREATION PROGRAM DONATIONS. Approve proposed City Council Policy B -17, combining all parks, public improvement, facilities and recreation program donations into one citywide donation policy, as recommended by the Parks, Beaches and Recreation Commission, and subsequently delete current City Council Policy G -5. 19. APPOINTMENT BY MAYOR OF AD -HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2006. Confirm the Mayor's appointment of Council Members Daigle and Selich and Mayor Pro Tem Rosansky (Chair) to serve on the ad- hoc appointments committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2006. 20. PARAMEDIC LIVING FACILITY, CORONA DEL MAR FIRE STATION #5. 1) Authorize a budget amendment (06BA -063) to transfer $65,000 in Undesignated General Fund Reserves to 2320 -9500 Structures and Improvements; and 2) approve the purchase and installation of temporary housing for the paramedics at Station #5 from Modular Lifestyles, Inc. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. ITEMS REMOVED FROM THE CONSENT CALENDAR K. PUBLIC HEARINGS 21. INTERIM URGENCY ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES. Action: 1) Conduct public hearing; and 2) Adopt Urgency Ordinance No. 2006 -_ extending the temporary moratorium on the establishment and operation of medical marijuana dispensaries for one (1) year. 22. GENERAL PLAN UPDATE: LAND USE AND CIRCULATION ELEMENTS. Action: 1) Receive public comments on the referenced elements of the Draft General Plan; 2) Provide direction to staff on revisions to the referenced elements of the Draft General Plan; and 3) Continue public hearing to May 9, 2006. L. PUBLIC COMMENTS Public Comments are incited 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 Status report — Ad Hoc General Plan Update Committee (GPUC) Status report — Local Coastal Program Certification Committee Status report — Newport Coast Advisory Committee Status report — Mariners Joint Use Library Ad Hoc Steering Committee Status report — City Centennial 2006 Committee Status report — City Council/Citizens Ad Hoc Committee for Marina Park Planning Status report — City Council Ad Hoc Marina Park Advisory Committee Status report — Other Committee Activities N. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 23. PLANNING COMMISSION AGENDA FOR APRIL 20, 2006. Action: 1) Receive oral report on the most recent Planning Commission actions; 2) Council Member appeal of Planning Commission, Modification Committee or Planning Director approvals subject to appeal; and 3) Receive and file written report. O. CONTINUED BUSINESS 24. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 1.35 TO THE NBMC LIMITING THE USE OF THE CITY S POWER OF EMINENT DOMAIN. Action: Introduce Ordinance No. 2006 0 P. CURRENT BUSINESS 25. RESOLUTION ENTERING INTO A SISTER CITY RELATIONSHIP WITH ENSENADA, MEXICO. Action: Adopt Resolution No. 2006 -_ 26. THIS ITEM LEFT BLANK INTENTIONALLY. 27. NEWPORT COAST COMMUNITY CENTER: AWARD OF CONTRACT, ADOPTION OF RESOLUTIONS AND OPERATING AGREEMENT RELATING TO NEWPORT RIDGE PARK AND CRESTRIDGE PARK, BUDGET AMENDMENT, COUNCIL POLICY ON COMMUNITY ACCESS AND USE PLAN FOR CENTER. Action: A. NEWPORT RIDGE PARK RESOLUTIONS: 1) Adopt Resolution No. 2006 -_ accepting a portion of the Newport Ridge Park property offered to the City of Newport Beach by the San Joaquin Hills local parks Irrevocable Offer of Dedication and reserving the right of the City of Newport Beach to accept the remainder of the property; and 2) Adopt Resolution No. 2006 -_ declaring the City's intent to, at a future date, reject portions of the remaining property offered to the City of Newport Beach by the San Joaquin Hills local parks Irrevocable Offer of Dedication. B. NEWPORT RIDGE PARK OPERATING AGREEMENT. Authorize the City Manager to enter into an Operating Agreement with the Newport Ridge Community Association as to the Association's operation of the two ballfields and parking lot at Newport Ridge Park (agreement shall substantially reflect the terms shown in Exhibit H). C. AWARD OF COMMUNITY CENTER CONTRACT & BUDGET AMENDMENT: 1) Approve the plans and specifications; 2) Approve a budget amendment (06BA -065) appropriating the funds as follows to the Project; (a) $6,689,725 from Newport Coast Annexation Funds ( "Newport Coast Community Center" — 7251 - 05100569); and (b) $2,761,995 from General Fund Operating Reserves; 3) Award a contract (C -3577) to Bernards Bros., Inc. for the total bid price of $8,159,000, and authorize the Mayor and the Citv Clerk to execute the contract; 4) Provide that $800,000 of the budgeted amount in Item C -2 may be used to cover the costs of testing, unforeseen work and permits and up to $400,000 may be used for construction management; 5) Approve Amendment No. 1 to the Professional Services Agreement with Dougherty & Dougherty Architects LLP. D. NEW COUNCIL POLICY ON NEWPORT COAST COMMUNITY CENTER COMMUNITY ACCESS AND USE PLAN: Adopt Council Policy B -18 relating to a Community Access and Use Plan for the Newport Coast Community Center. 28. INDEMNIFICATION AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH FOR ELECTION SERVICES PROVIDED TO THE CITY FOR THE PETITION SUBMITTED TO THE CITY ON APRIL 3, 2006 AS IT RELATES TO THE MINORITY LANGUAGE PROVISIONS OF THE VOTING RIGHTS ACT OF 1965. Action: Approve the Indemnification Agreement between the County of Orange and the City of Newport Beach as presented. Q. 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. R. ADJOURNMENT Ll