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Home My WebLink About0 - Regular Meeting AgendaNEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD NOVEMBER 8, 2011 STUDY SESSION — Cancelled II. ROLL CALL — 6:00 p.m. III. PUBLIC COMMENTS REGARDING CLOSED SESSION Public comments are invited on Closed Session Agenda items only. Speakers must limit comments to five (5) minutes. Before speaking, please state your name for the record. IV. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Government Code § 54956.9(a)): One (1) matter Banning Ranch Conservancy v City of Newport Beach, et al 4t° District Court of Appeals Case No. G045622 I: ]KKolklg4:74Ry :' 41111: 14x H_ 1 1901 01111 69:lw_1219[y li[ 119111 (Initiation of litigation pursuant to Government Code § 54956.9(c)): One (1) matter COW9101019 41.1401141:111119: N A_1- 1:01:412 1 x1011 11174 1101 *9 (Government Code § 54957.6) Heading Agency Designated Representatives: Dave Kiff, City Manager; Dana Smith, Assistant City Manager; Terri Cassidy, Human Resources Director; and Richard Kreisler, Special Counsel and Negotiator Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Lifeguard Management Association (LMA); Fire Beach Fire Management Association (NBFMA); Newport Beach Firefighters' Association (NBFA); Police Management Association (PMA); Police Employees' Association (PEA); and Fire Management Association (FMA); City Employees Association (NBCEA); Newport Beach Professional & Technical Employees Association (NBPTEA); Newport Beach Employees League (NBEL); Newport Beach Part -Time Unit (UPEC, Local 777) V. RECESS VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL VIII. CLOSED SESSION REPORT IX. PLEDGE OF ALLEGIANCE X. INVOCATION - Pastor Jeff Pries, Mariners Church Testimony given before the City Council is recorded. Yellow light indicates that the speaker has one minute for summation; and the red light will signify when the speaker's time limit is up. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the Office of the City Clerk located at 3300 Newport Boulevard during normal business hours. In addition, such writings and documents will be posted on the City's website at www.newportbeachca.gov. XI. PRESENTATION Orange County Sanitation District Presentation Regarding the Ocean Outfall Project XII. 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 City Council. Speakers must limit comments to five (5) minutes on agenda items. The City Council has the discretion to extend or shorten the time limit on agenda or non - agenda items. As a courtesy, please turn cell phones off or set them in the silent mode. XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM) XIV. CONSENT CALENDAR All matters listed under CONSENT CALENDAR (1 - 13) are considered 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 City Council votes on the motion unless members of the City 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, and 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/ORDWANCES AND RESOLUTIONS MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF OCTOBER 25, 2011. 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 pursuant to Charter Section 412. B. CONTRACTS AND AGREEMENTS 3. 2011 -2012 SIDEWALK, CURB AND GUTTER REPLACEMENT — AWARD OF CONTRACT (C- 4850). a) Approve the project drawings and specifications; b) award Contract No. 4850 to Grigolla & Sons Construction Company, Inc., for the total bid price of $433,950, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $51,000 (12 %) to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 12BA -015 transferring $40,000 in project savings from the 2010 Slurry Seal project (Account No. 7013- C2001011) to Account No. 7013- C2001009 (Sidewalk Curb and Gutter Replacement). 4. 2010 -2011 OCEAN PIERS MAINTENANCE - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4682. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. 5. BALBOA ISLAND AND OTHER CITY SEWER MAIN POINT REPAIRS - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3802. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. 6. 2010 -2011 CITY WIDE SLURRY SEAL - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4604. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. CENTRAL BALBOA WATER AND SEWER IMPROVEMENTS - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4067. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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; c) release the Faithful Performance Bond one year after Council acceptance; and d) approve Budget Amendment No. 12BA -016 transferring $133,201.26 from Account No. 7541- C7001002 to Account No. 7531- C6002004 for increased sewer costs. 8. WASTEWATER PUMP STATION REHABILITATION - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3804. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. 9. OCEAN FRONT STREET END AND ALLEY REPLACEMENT - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4316. a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) 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 c) release the Faithful Performance Bond one year after Council acceptance. C. MISCELLANEOUS 10. PLANNING COMMISSION STUDY SESSION AND REGULAR MEETING AGENDAS FOR NOVEMBER 3, 2011. Receive and file agendas. 11. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS FOR THE CITY'S REPRESENTATIVE TO THE VISIT NEWPORT BEACH EXECUTIVE COMMITTEE AND THE SPECIAL EVENTS ADVISORY COMMITTEE, AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL RELATIVE TO THE APPOINTMENTS. Confirm the Mayor's appointment of Mayor Michael Henn, Mayor Pro Tern Nancy Gardner, and Council Member Rush Hill to serve on the Ad Hoc Appointments Committee to review applications for the City's representative to the Visit Newport Beach Executive Committee and the Special Events Advisory Committee, and make recommendations to the full City Council relative to the appointments. 12. CULTURAL ARTS GRANTS FOR FISCAL YEAR 2011112. Approve recommended recipients for FY 2011/12 Cultural Arts Grants as selected by the City Arts Commission in accordance with City Council Policy 1 -10 — Financial Support for Culture and the Arts. 13. CITY COUNCIL REDISTRICTING. On the advice of the Office of the City Attorney, staff is recommending that this item be removed from the Consent Calendar and that the ordinance be reintroduced at a public hearing on November 22, 2011. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR XVI. 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 three (3) minutes. Before speaking, please state your name for the record. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVIII. PUBLIC HEARINGS 14. TRANSFER OF DEVELOPMENT RIGHTS IN NORTH NEWPORT CENTER PLANNED COMMUNITY (PA2011 -159). a) Conduct a public hearing; and b) adopt Resolution No. 2011 -102 approving the following: 1) transfer of development rights within the North Newport Center Planned Community (PC -56) of 288,975 square feet of general office intensity to Block 500 from San Joaquin Plaza (241,711 square feet) and Block 600 (47,264 square feet), and 2) the relocation of 430 unbuilt residential units from Block 500 to San Joaquin Plaza. 15. APPROVAL OF MASTER FEE SCHEDULE AND CHANGE IN SUBSIDIES. Continue the item to the City Council meeting of November 22, 2011. XIX. CURRENT BUSINESS 16. QUARTERLY BUSINESS REPORT (QBR) UPDATE. Review and comment as desired. 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. XXI. ADJOURNMENT