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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, June 22, 2004 Regular Council Meeting - 7:00 p.m. TOD W. RIDGEWAY MAYOR GARY ADAMS STEVE BROMBERG Mayor Pro Tern Council Member STEVEN ROSANSKY Council Member DON WEBB Council Member HOMER BLUDAU - City Manager, HARKLESS - City Clerk, STEPHEN WOOD -Assistant City Manager. RICHARD A. NICHOLS Council Member JOHN HEFFERNAN Council Member ROBERT BURNHAM - City Attorney, LAVONNE G. BADUM - Director of Public Works, SHARON Z. 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 June 22, 2004 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 applicable) D. PLEDGE OF ALLEGIANCE E. INVOCATION F. PRESENTATIONS - '.None G. 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. Speakers are not required to submit o card as o condition to addressing the Council. If you do fill out the cord please place it in the box at the podium. 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. 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 — 28) 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 haue 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 cotes on the motion unless members of the Council, staff or the public request specific items to be discussed and/or remoued from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should cone 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 MINUTESIORDINANCES AND RESOLUTIONS MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF JUNE 8, 2004. Waive reading of subject minutes, approve as written and order filed. 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. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO GOODWIN ENTERPRISES, INC. 1) Adopt Resolution of Intention No. 2004- _ to award a Non - exclusive Solid Waste Franchise to Goodwin Enterprises, Inc. and schedule a public hearing for July 13. 2004; and 2) introduce Ordinance No. 2004 -_ granting a Non - exclusive Solid Waste Franchise to Goodwin Enterprises, Inc. and pass to second reading on July 13, 2004. ORDINANCES FOR ADOPTION 4. ORDINANCE AMENDING SECTIONS 12.24.065 AND 12.24.080 OF THE NBMC REGARDING REDUCING THE PRIMA FACIE SPEED LIMIT OF RIDGE PARK ROAD FROM SAN JOAQUIN HILLS ROAD TO NEWPORT COAST DRIVE. Adopt Ordinance No. 2004 -12 amending Chapter 12.24 (Special Speed Zones), Sections 12.24.065 and 12.24.080 of the NBMC reducing the prima facie speed limit on Ridge Park Road from San Joaquin Hills Road to Newport Coast Drive from 40 mph to 30 mph. 5. CORPORATE PLAZA PLANNED COMMUNITY AMENDMENT — PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2004 -002 (PA2004- 073). Adopt Ordinance No. 2004 -13 approving Planned Community Development Plan Amendment No. 2004 -002. RESOLUTIONS FOR ADOPTION 6. GENERAL MUNICIPAL ELECTION - NOVEMBER 2, 2004: ADOPTION OF RESOLUTIONS CALLING THE ELECTION AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION. Adopt SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. the following Resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 2, 2004 pursuant to Section 1000 of the City Charter: a) Resolution No. 2004- Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 2, 2004, for the Election of Members of the City Council as Required by the Provisions of the City Charter; and b) Resolution No. 2004 - Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 2, 2004, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code. 7. RECYCLING SERVICE FEE. Adopt Resolution No. 2004 -_ authorizing the recycling service fee to be set at $2.81 per month per residential unit effective July 1, 2004. 8. MEASURE M ELIGIBILITY RE- QUALIFICATION FOR FY 2004 -05. 1) Adopt the Seven -Year Capital Improvement Program; 2) direct staff to submit the adopted Capital Improvement Program and Maintenance of Effort certification to the Orange County Transportation Authority to satisfy the eligibility provisions for the Measure M and the Congestion Management Programs; and 3) adopt Resolution No. 2004 -_ pertaining to the status of the City's Circulation Element. 9. SALE OF BONDS FOR UNDERGROUND ASSESSMENT DISTRICT NO. 75 BALBOA BUSINESS DISTRICT. Adopt Resolution No. 2004 -_ 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. 75. CONTRACTS AND AGREEMENTS 10. LEGAL ADVERTISING BID FOR FISCAL YEAR 2004 -2005. Accept the bid of the Daily Pilot and authorize a purchase order for the one -year period of fiscal year 2004 -2005. 11. BAY AVENUE AREA STREET AND DRAINAGE IMPROVEMENTS - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH PENCO ENGINEERING, INC. FOR DESIGN SERVICES (C- 3695). 1) Approve a Professional Services Agreement with Penco Engineering, Inc. of Irvine for preliminary and final design services for the Bay Avenue area at a contract price of $175,314 and authorize the :Mayor and the City Clerk to execute the Agreement; and 2) approve a budget amendment (04BA -073) transferring $76,385 from Engineering Services Professional and Technical, account 5100 -8080 to General Fund - Bay Avenue Street and Drainage Improvement, account 7013- C5100759. and $98,929 from Gas Tai - Balboa Island Pavement Improvement. account 7181- C5100645 to Gas Tax - Bay Avenue Street and Drainage Improvements account, 7181- C5100759. 12. CAMEO SHORES SEWER FORCE MAIN - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3646). 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 (1) year after Council acceptance. 13. NEWPORT BOULEVARD AND BALBOA BOULEVARD MERGER (MIXMASTER) - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3654). 1) Accept the work; 2) authorize the City Clerk to file a Notice of SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 (1) year after Council acceptance. 14. NEWPORT BOULEVARD PAVEMENT REHABILITATION FROM 26TH STREET NORTHERLY - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3649). 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 (1) year after Council acceptance. 15. STREET LIGHT REPLACEMENT PROGRAM (FY2002 -03) SHORECLIFFS, CAMEO SHORES, AND CAMEO HIGHLANDS - COMPLETION AND ACCEPTANCE OF CONTRACT (C- 3447). 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 (1) year after Council acceptance. 16. CORONA DEL MAR AREA PAVEMENT REHABILITATION - AWARD OF CONTRACT (C- 3650). 1) Approve the plans and specifications; 2) award the contract (C -3650) to Orion Contracting for the total bid price of $892,660 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $89,000 to cover the cost of unforeseen work; 4) approve Geotechnical and /or Survey work in the amount of $21,000; and 5) approve a budget amendment (04BA -072) transferring the appropriation of $200,000 from Street and Bikeway Improvements, account 7181- C5100302 and $190,660 from the Newport Boulevard, Lindo Avenue, 28th, 30th, Clay, Coral, and 15th Street Improvements, account 7181 - 05100729 to Corona del Mar Pavement Rehabilitation, account 7181- C5100730. 17. GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT - AWARD OF CONTRACT (C- 3634). 1) Approve the plans and specifications; 2) award a contract (C -3634) to International Pavement Solutions, Inc. for the total bid price of $67,720 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $6,700 to cover the cost of unforeseen work; 4) approve Geotechnical and /or Survey work in the amount of $1,000; and 5) approve a budget amendment (04BA -074) to appropriate an additional $15,420 in the Contributions - CYC Basketball Court Replacement account, 7251- C4120718 and to increase revenue estimates by the same amount in account 250 -4847, Per Capita Program 2002 Bond Act. 18. NEWPORT VILLAGE PARK DESIGN (C -3633) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HALL & FOREMAN. 1) Approve a budget amendment (04BA -075) in the amount of $8,950 from the Unappropriated General Fund balance, 010 -3605, to Newport Village Park Design, 7015- C4120656; and 2) approve a Professional Services Agreement with Hall & Foreman, Inc. of Irvine for planning and design services at a contract price of $128,950 and authorize the Mayor and City Clerk to execute the Agreement. 19. REQUEST FOR FUNDING FOR PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 100 (AREA BOUNDED BY WEST BALBOA BOULEVARD, WEST OCEAN FRONT, ISLAND AVENUE AND 13TH 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. STREET). 1) Approve a budget amendment (04BA -076) authorizing an advance from the General Fund in amount of $110,650 to Assessment District No. 100 and appropriate $67,200 to 74100 -9810 for SCE electric design, $22,000 to 74100 -9811 for SBC phone design, and $21,450 to 74100 -9812 for assessment engineering services; and 2) authorize the City Manager to execute a Professional Services Agreement with Hall & Foreman, Inc. in the not to exceed amount of $21,450 for assessment engineering services. 20. SEMENIUK SLOUGH PRELIMINARY ENGINEERING STUDY (C -3636) - APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NOBLE CONSULTANTS, INC. Approve a Professional Services Agreement with Noble Consultants, Inc. of Irvine for a preliminary dredging investigation in the Semeniuk Slough at a contract price of $39,203 and authorize the Mayor and the City Clerk to execute the Agreement. 21. BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION IMPROVEMENTS (C -3037) - STATUS REPORT AND AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. 1) Receive and file status report; and 2) approve Amendment No. 1 to Professional Services Agreement with Tetra Tech, Inc. for construction support services for an increased fee of $36,000. 22. AUTHORIZATION TO PURCHASE POLICE MOBILE VIDEO SYSTEMS. 1) Approve an expenditure of $238,060 to purchase 31 Mobile Video Systems for use in all marked Police vehicles of the Newport Beach Police Department; 2) award bid to Kustom Signals, Inc. and authorize the Police Chief to negotiate a contract with the vendor, subject to approval by the City Attorney's Office and the City Manager; and 3) approve a budget amendment (04BA -077) of $13,060 from the General Fund Unappropriated Reserve to Account #1820 -9015. 23. GREEN ACRES PROJECT - DOMESTIC SWIVEL ELL CONNECTIONS FOR NEWPORT BEACH AND BIG CANYON COUNTRY CLUBS - AWARD OF CONTRACT (C- 3698). 1) Approve the plans and specifications: 2) award the contract (C -3698) to GCI Construction for the total bid price of $196,600 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $20,000 to cover the cost of unforeseen work; and 4) approve a budget amendment (04BA -078) increasing revenue estimates in the Water Fund, 500 -5901, by $125,256 and increasing expenditure appropriations in the amount of $216,600 in Account No. 7501- C5500075 using $91.344 from Water Enterprise Fund Future Infrastructure Reserve 500 -3785. MISCELLANEOUS ACTIONS 24. NEIGHBORHOOD TRAFFIC MANAGEMENT STUDY UPDATE. Receive and file. 25. ADOPT A NEW COUNCIL POLICY FOR DISPLAYING FLAGS ON CITY BRIDGES (contd. from 5/25/04). 1) Adopt a new Council policy. L -24. for displaying flags on City bridges; and 2) direct staff to prepare and execute Encroachment Permit /Agreements with the Lido Isle Community Association and the Balboa Island Improvement Association for the installation, maintenance and removal of flags on Via Lido Bridge and Marine Avenue Bridge. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 26. RECOMMENDATION FROM ECONOMIC DEVELOPMENT COMMITTEE (EDC) TO FILL EDC VACANCY. Fill current EDC vacancy by appointing Ms. Jeannette Thomas as "at- large" representative. 27. ADDITIONAL BUS FOR SENIOR SERVICES. Accept a 21 passenger bus from OCTA for Senior Services use; and direct staff to request that OCTA transfer the ownership of a retired OCTA para- transit bus to the City for use in the Senior Mobility Program. 28. REVISIONS TO APPEAL AND CALL FOR REVIEW PROCEDURES - CODE AMENDMENT NO. 2004 -002 (PA2004 -028) (contd. from 6/8/04). Continue to July 13, 2004. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. J. PUBLIC HEARINGS 29. JOSH SLOCUM'S DINNER AND SUPPER CLUB - USE PERMIT NO. 2003- 036 (PA2003 -220) - 2601 WEST COAST HIGHWAY. Action: 1) Conduct public hearing; and 2) Deny the appeal and uphold and affirm the decision of the Planning Commission and approve Use Permit No. 2003 -036 to allow the existing restaurant to provide periodic lunch service, increase the occupancy and modify the minimum parking requirements by adopting Resolution No. 2004 -_ K. 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. L. 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 - Other Committee Activities M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 30. PLANNING COMMISSION AGENDA FOR JUNE 17, 2004. Action: 1) Receive oral report on the most recent. Planning Commission actions; 2) Council Member call -up of those items subject to call -up; and 3) Receive and file written report. 6 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. N. CONTINUED BUSINESS 31. 2004 -05 BUDGET ADOPTION. Action: 1) Straw vote the items included on the Budget Checklist and determine by individual vote if the Checklist items should be included in the 2004 -05 budget; and 2) Adopt Resolution No. 2004 -_ adopting the City's 2004 -05 Budget, as amended by any approved Budget Checklist items. 32. APPROVAL OF THE MEMORANDUM OF UNDERSTANDING (MOU) AND REIMBURSEMENT AGREEMENT WITH THE NEWPORT -MESA SCHOOL DISTRICT FOR THE NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD (C -3684) (contd. from 6/8/04). Action: 1) Approve the MOU and Reimbursement Agreement between the City of Newport Beach and the Newport -Mesa Unified School District for the Newport Coast Elementary School Loop Road; and 2) Approve a budget amendment (04BA -069) authorizing the transfer of excess Bonita Canyon Bond funds from the City Improvement. Account to the School Improvement Account for the total anticipated project cost of $508.889. The BA will appropriate $460,007 in the Contributions Funds and $25,259 in the General Fund for anticipated project costs not yet appropriated and will increase revenue estimates in the Contributions Bond by $460,007 and General Fund revenue by $47,883 to reflect the reimbursement from the School District Improvement account. 33. NEWPORT COAST ELEMENTARY SCHOOL LOOP ROAD — AWARD OF CONTRACT (C -3684) (contd. from 6/8/04). Action: 1) Approve the plans and specifications; 2) Award the contract (C -3684) to GCI Construction, Inc. for the total bid price of $364,552 and authorize the Mayor and the City Clerk to execute the contract; 3) Establish an amount of $36,500 to cover the cost of unforeseen work; 4) Approve geotechnical work in the amount of $7,500; 5) Approve special retaining wall inspection services in the amount of $15,000. 34. APPOINTMENTS TO BOARDS AND COMMISSIONS. Action: Appointments to be made from the nominees to the Boards and Commissions listed below: Board of Library Trustees (1 vacancy - Vote for one) Byron Williams Christopher Brady 7 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. City Arts Commission (2 vacancies - Vote for two) Arlene Cartozian (incumbent) Rita Goldberg Gilbert Lackv Carol Starcevic Civil Service Board (2 vacancies — [Association Nominees] - Vote for two) Paula Godfrey (incumbent) Doug Wood (incumbent Dayna Pettit Charles Gross Marianne Zippi Harbor Commission (1 vacancy - Vote for one) '_Marshall Duffield [Incumbent] Marshall Caplan Parks, Beaches & Recreation Commission (1 vacancy - Vote for one) Debra Allen (incumbent) Phillip Lugar Planning Commission (2 vacancies — Vote for two) Jeffrey Cole (incumbent) Robert Hawkins Greg George Leslie Daigle O. CURRENT BUSINESS 35. CORONA DEL MAR CENTENNIAL FOUNDATION REQUEST FOR CONCEPTUAL APPROVAL OF `CDM CENTENNIAL CELEBRATION PLAZA' PROJECT. Action: 1) Approve the conceptual design for the 'CdM Centennial Celebration Plaza' and its elements; OR 2) Deny the Foundation's request. 36. CORONA DEL MAR STATE BEACH IMPROVEMENTS (C -3641) DETERMINATION OF AMOUNT OF FUNDING AVAILABLE FOR AWARD. Action: 1) Find that $2,200,000 is available to award the CdM Beach Project (as described in Alternative B); and 2) Authorize staff to fund the Project in a manner similar to Alternative A's provisions should the City receive a Proposition 40 or other grant to supplant parking lot revenue available for the Project. I SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 37. RESOLUTION REGARDING A PROPOSITION 13 GRANT FOR THE NEWPORT COAST WATERSHED PROGRAM. Action: Adopt Resolution No. 2004 -_ allowing the City to accept a Proposition 13 grant under the Watershed Protection Program. 38. AGREEMENTS AND FUNDING FOR THE BACK BAY SCIENCE CENTER (FORMERLY KNOWN AS THE MARINE STUDIES CENTER) ON SHELLMAKER ISLAND. Action: 1) Authorize the City Manager to execute a Cooperative Agreement between the City of Newport Beach, the County of Orange and the Department of Fish and Game; 2) Authorize the City Manager to execute a Construction Agreement between the City of Newport Beach and the Department of Fish and Game; and 3) Authorize the City Manager, upon a favorable determination by the City Attorney or the State Lands Commission, to allocate up to three years' revenue (roughly $315.000) from two Newport Bay Accounts towards the City's commitment to share in the funding of the construction of the Back Bay Science Center. P. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 noted with, the prevailing side. R. ADJOURNMENT 0 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS NEWPORT BEACH CITY COUNCIL SUPPLEMENTAL AGENDA REGULAR MEETING June 22, 2004 CONSENT CALENDAR S39. NEWPORT COAST COMMUNITY CENTER — PROFESSIONAL SERVICES AGREEMENT WITH DOUGHERTY AND DOUGHERTY ARCHITECTS, LLP. 1) Direct staff to execute a Professional Services Agreement with Dougherty and Dougherty Architects, LLP, for architectural design services at a not to exceed contract price of $550,000 and authorize the Mayor and City Clerk to execute the agreement; and 2) approve a budget amendment (04BA -079) appropriating $600,000 from the Newport Coast Building Fund unappropriated fund balance to 7298- C5100705, Newport Coast Community Center project.