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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, August 12, Regular Council Meeting EDWARD D. SELICH Mayor LESLIE J. DAIGLE Mayor Pro Tern MICHAEL F. HENN Council Member STEVEN ROSANSKY Council Member 11: - 7:00 p.m. DON WEBB Council Member NANCY GARDNER 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. PLEASE TURN CELL PHONES & PAGERS OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS - 3300 NEWPORT BOULEVARD August 12, 2008 I. STUDY SESSION - Cancelled II. CLOSED SESSION - [Refer to separate agenda from City Attorney] III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT (i£ apRlicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Reverend Dr. Dennis Short, Harbor Christian Church IX. PRESENTATIONS Presentation of Plaques to Outgoing Board and Commission Members International Literacy Day Proclamation Conference and Visitors Bureau Industry Accreditation from Destination Marketing Accreditation Program 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 SPEAKERS TIME LIMIT IS UP; YELLOW LIGHT MEANS SPEAKER HAS I MINUTE FOR SUMMATION. 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 BLVD. DURING NORMAL BUSINESS HOURS. IN ADDITION, SUCH WRITINGS AND DOCUMENTS WILL BE POSTED ON THE CITY'S WEBSITE AT W W W.CITY.NEWPORT- BEACH.CA.US XII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I — 10) 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. A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF JULY 22, 2008. 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. B. ORDINANCE FOR ADOPTION 3. ORDINANCE TO REPEAL CHAPTER 1.30, ELECTION CAMPAIGN DOCUMENTS, OF THE NEWPORT BEACH MUNICIPAL CODE (NBMC). Adopt Ordinance No. 2008 -15 repealing Chapter 1.30 of the NBMC. C. RESOLUTION FOR ADOPTION 4. ACCEPTANCE OF TWO OFFERS TO DEDICATE (OTDs) OPEN SPACE EASEMENTS. Adopt Resolution No. 2008 -_ accepting two easements securing tidelands as open space within Newport Bay. D. CONTRACTS AND AGREEMENTS 5. AGREEMENT WITH TRUGREEN LANDCARE, LLC FOR THE LANDSCAPE MAINTENANCE OF CITY PARKS AND FACILITIES (contd. from 718108 and 7122108). a) Approve a two -year agreement with TruGreen Landcare, LLC, of Gardena, for the landscape maintenance of City parks and facilities at a coast of $852,000 per year; and b) approve a budget amendment (09BA -004) in the amount of $145,443 from General Fund Unappropriated Reserves, to fund the increase in cost over the expiring contract for the remainder of the fiscal year. 6. OCEAN PIERS REPAIRS — AWARD OF CONTRACT (C- 3973). a) Approve the project drawings and specifications; b) award the contract (C -3973) to AIS Construction Co. for the total bid price of $659,445.02, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $66,000 (10°x) to cover the cost of unforeseen work; and d) approve a budget amendment (09BA -006) transferring $47,500 from unappropriated Tidelands Fund balance to 7231- C4801001 (Ocean Pier Repairs). WESTCLIFF STREET LIGHT REPLACEMENT — AWARD OF CONTRACT (C- 3868). a) Approve the project plans and specifications; b) award the contract (C -3868) to KDC, Inc., dba Dynalectric, Inc. for the total bid price of $680,170, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $68,000 to cover the cost of unforeseen work. 8. CASTAWAYS PARK MARINES 111 MONUMENT — COMPLETION AND ACCEPTANCE (C- 3985). a) Accept the completed contract 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 with applicable portions of the Civil Code; and d) release the Faithful Performance Bond one (1) year after Council acceptance. 9. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT 5TH STREET — COMPLETION AND ACCEPTANCE (C- 3778). a) Accept the completed contract work; b) approve a budget amendment (09BA -005) appropriating $42,787.23 from the unappropriated General Fund to the Buck Gully Wetlands and Maintenance Road Repairs Project, Account No. 7014 - 05100659 to cover the final progress payment; c) authorize the City Clerk to file a Notice of Completion; d) authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded with applicable portions of the Civil Code; and e) release the Faithful Performance Bond one (1) year after Council acceptance. E. MISCELLANEOUS 10. RESPONSE TO GRAND JURY ON "WATER BUDGETS, NOT WATER RATIONING." Approve the response letter to the Grand Jury report on "Water Budgets, Not Water Rationing" and authorize the Mayor to submit the report to the Presiding Judge of the Superior Court pursuant to Penal Code 93305.05 (a) and (b). ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XV. PUBLIC HEARINGS 11. FEE RESOLUTION AND MASTER FEE SCHEDULE. Action: a) Conduct public hearing; and b) adopt Resolution No. 2008 - establishing the Master Fee Schedule. 12. HOUSING ELEMENT UPDATE - GENERAL PLAN AMENDMENT NO. 2008- 003 (PA2008 -078). Action: a) Conduct public hearing; and b) review and direct staff to submit the draft 2008 -2014 Housing Element to the State Department of Housing and Community Development 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 3- minutes. Before speaking, please state your name for the record. XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT XVIII. 13. PLANNING COMMISSION AGENDA FOR AUGUST 7, 2008. 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 report. 14. COUNCIL REVIEW AND APPROVAL OF CITY STAFF BENCHMARKS AND PERFORMANCE MEASURES. Action: Make changes as appropriate and approve the thirty (30) benchmarks and numerous performance measures in order to move toward the next step of the benchmark process, which is data gathering for comparison purposes. XIX CURRENT BUSINESS 15. REQUEST FROM PELICAN COAST EVENTS LLC FOR WAIVER OF COUNCIL POLICY B -8. Action: Deny Pelican Coast Events' request to waive City Council Policy B -8 — Bike, Foot Race and Surf Contest Event Policy that would allow the 2009 Pacific Coast Triathlon to apply for a Special Event Permit for July 19 or July 26, 2009. 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 4