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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, July 8, 2008 Regular Council Meeting - 7:00 p.m. EDWARD D. SELICH Mayor LESLIE J. DAIGLE DON WEBB Mayor Pro Tern Council Member MICHAEL F. HENN Council Member STEVEN ROSANSKY 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 busine� 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 July 8, 2008 I. STUDY SESSION - 3:00 p.m 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 (if annlicable) VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Pastor Eric Heard, Mariners Church DL PRESENTATIONS - None 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. M. 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. 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 NII. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (1- 11) 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 MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING AND REGULAR. MEETING OF JUNE 24, 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. RESOLUTION FOR ADOPTION 3. RESCIND RESOLUTION NO. 2007 -69 TO REMOVE BUS ZONE ADJACENT TO 1601 16TH STREET. Rescind Resolution No. 2007 -69 which restricts parking and allows for vehicle removal, excluding buses, along 16th Street between the hours of 8:30 a.m. and 2:30 p.m., Monday through Friday, adjacent to the Environmental Nature Center (ENC) at 1601 16th Street. C. CONTRACTS AND AGREEMENTS 4. TENNIS COURT FENCING REPLACEMENT - AWARD OF CONTRACT (C4043). a) Approve the project plans and specifications; b) award the contract to Harris Steel Fence, Co. for the total bid price of $89,849.00, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $10,000 to cover the cost of unforeseen work. 5. ASPHALT REPAIRS - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HARDY & HARPER, INC. Approve Amendment No. 1 to Professional Services Agreement with Hardy & Harper, Inc. for on -call asphalt repair services and authorize the Mayor and City clerk to execute the Amendments. 6. UNDERGROUND UTILITY SERVICE REPAIRS — APPROVAL OF AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS. a) Approve Amendment No. 1 with Mike Prlich & Sons, Inc., for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment; b) approve Amendment No. 2 with GCI Construction, Inc. for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Agreement; and c) approve Amendment No. 2 with Mike Kilbride, LTD., for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. COUNCIL APPROVAL OF A CONSULTANT AGREEMENT WITH WES MORGAN FOR SIX MONTHS UPON HIS RETIREMENT FROM THE CITY. Enter into the consultant agreement. D. MISCELLANEOUS 8. SELECTION OF A VENDOR FOR CONTRACT NEGOTIATIONS FOR LANDSCAPE MAINTENANCE OF CITY PARKS AND FACILITIES. Direct staff to negotiate an agreement with TruGreen Landcare of Orange to provide landscape maintenance of City parks and facilities, and return to the July 22 City Council meeting with an agreement for consideration. 9. ADJUSTMENT OF APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE. Approve the appointment of the 25 incumbents of the Economic Development Committee in their new positions. 10. COUNCIL DECISION TO DISPENSE HOLDING THE AUGUST 26TH REGULAR CITY COUNCIL MEETING. Forego the regular August 26th Council meeting. 11. GENERAL PLAN ANNUAL PROGRESS REPORT INCLUDING HOUSING ELEMENT REPORT (PA2007 -195). Review and direct staff to submit the General Plan Annual Progress Report to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). 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 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. 12. COST RECOVERY ORDINANCE - CHAPTER 3.86 - FEE RESOLUTION AND MASTER FEE SCHEDULE. Action: a) Adopt Ordinance No. 2008 -14, amending Chapter 3.36 of the Newport Beach Municipal Code; and b) adopt Resolution No. 2008 -_ related to the Master Fee Schedule. 13. SUMMARY OF PROPOSED SETTLEMENT TERMS BETWEEN SOBER LIVING BY THE SEA AND THE CITY OF NEWPORT BEACH REGARDING GROUP RESIDENTIAL USES. (Discussion will begin at 7:10 pan. Public comments will be limited to 3 minutes) Action: Receive and file. XVII. 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. XVIII. ADJOURNMENT