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Home My WebLink About07/08/2008 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 8, 2008 — 7:00 p.m. I. STUDY SESSION - 3:00 p.m. II. CLOSED SESSION - 3:58 p.m III. RECESS IV. &E-CONVENED AT 7:00 P.M. FOR RE_ GULAR MEETING V. ROLL CALL Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Excused: Council Member Webb VI. CLOSED SESSION REPORT -None VII. PLEDGE OF ALLEGIANCE - Council Member Gardner VIII. INVOCATION - Pastor Eric Heard, Mariners Church DL PRESENTATI.ONS - None K NOTICE.TO,THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH_.COUNCIL MEMBERS WOULD LIKE PLACED ON_A. FUTURE AGENDA FOR DISCU_SSION,_ACTION OR REPORT ANON- DISCUSSION, ITEM) Mayor Pro Tem Daigle announced that the Public Works Department implemented a Pavement Management Plan that contains the City's strategic efforts to maintain the roads. The plan can be accessed online and is updated regularly. Council Member Curry announced that on July 4, he attended the Bicycle Parade, American Legion Boat Parade, and the Newport Dunes 50th Anniversary Fireworks Show. He also announced that Liberty Baptist Church will celebrate their 32nd Anniversary on Sunday, July 13, at 10:00 a.m. NIL CONSENT CALENDAR A. ,READING. OF MINi7TESiORAINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING AND REGULAR MEETING OF JUNE 24, 2008. (100 -20081 Waive reading of subject minutes, approve as written and order filed. Volume 58 - Page 540 City of Newport Beach City Council Minutes July 8, 2008 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. 1100 -20081 Adopt Resolution No. 2008 -66 to 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 4. TENNIS COURT FENCING REPLACEMENT - AWARD OF CONTRACT (C- 4043). [381100 -20081 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. (C- 4015). 1381100 -20081 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 (C- 4041). 1381100 -20081 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. D. MISCELLANEOUS 8. SELECTION OF A VENDOR FOR CONTRACT NEGOTIATIONS FOR LANDSCAPE MAINTENANCE OF CITY PARKS AND FACILITIES (C- 3880). [38/100 -20081 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. [241100 -20081 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. [100 -2008) Forego the regular August Volume 58 - Page 541 City of Newport Beach City Council Minutes July 8, 2008 26th Council meeting. 11. GENERAL PLAN ANNUAL PROGRESS REPORT INCLUDING HOUSING ELEMENT REPORT (PA2007 -195). [68/100 -2008] 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). Motion _ by-M-Wor Pro -Tem _ Daigle to approve the Consent Calendar, except for the item removed (7). The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Absent: Council Member Webb XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. COUNCIL APPROVAL OF A CONSULTANT AGREEMENT WITH WES MORGAN FOR SIX MONTHS UPON HIS RETIREMENT FROM THE CITY (C-4062).138/100- 20081 In response to Laura Curran's question, City Manager Bludau explained that a comprehensive financial analysis would be difficult because there is no way to determine the number of hours Mr. Morgan will work over the next six months. He reported that the consultant fees will be assessed at the end of the agreement to determine which account the money will come from and a budget amendment will be provided at that time. City Attorney Clauson added that the total number of work hours for a retiree is limited to 960 hours under the terms of the Public Employment Retirement System (PERS). In response to Council Member Henn's question, City Manager Bludau stated that he is not concerned with exceeding the budget in the Recreation and Senior Services Department. Motion by Council Member wry to enter into the consultant agreement. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Absent: Council Member Webb XVI. CONTINUED BUSINESS 18. SUMMARY OF PROPOSED SETTLEMENT TERMS BETWEEN SOBER LIVING BY THE SEA AND THE CITY OF NEWPORT BEACH REGARDING GROUP RESIDENTIAL USES. [681100 -20081 Assistant City Manager Kiff utilized a PowerPoint presentation that included the administrative and legal actions taken since the adoption of the ordinance and the proposed settlement terms. He stated that the settlement agreement will be subject to three public meetings - one before the Planning Commission and two before City Council. He reported that all information on group residential uses is available on the City's website. Volume 58 - Page 542 City of Newport Beach City Council Minutes July 8, 2008 Ed Vanden Bossche, Dick Nichols, Daniel Weldon, Denys Oberman, and Laura Curran expressed concerns and asked questions, and Special Legal Counsel Markman and Assistant City Manager Kiff responded to the concerns and questions. For a complete rendering of the questions raised, discussions, and responses provided, please refer to the videostreaming available on the City's website ( http: / /newportbeach. granicus. com [ViewPublisher,php?view_id =21), beginning at 00:13:39. Motion by Council Member Cur ry to receive and file. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Absent: Council Member Webb XIV. ORAL REPORTS-FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Gardner reported that the Task Force on Green Development will soon have proposals to bring to Council regarding green building ideas and education programs. Mayor Pro Tem Daigle stated that the Media and Communications Committee has been successful in getting important information on the City's website. She also reported that the Aviation Committee met to discuss John Wayne Airport's navigational platform. XV. PUBLIC COMMENTS Gary Sokolich presented a letter to Council relative to a Notice of Violation (NOV) he received and stated that answers to his questions and concerns have not been addressed by staff. City Manager Bludau explained that Code Enforcement followed up on a complaint from a resident in the area and stated that Mr. Sokolich misinterpreted Section 20.066.040 of the Municipal Code. City Attorney Clauson added that she informed him of the procedure to appeal the citation. Steve and Karen Turansky provided a handout and stated that they have repeatedly complained to the City about health and safety hazards created by their neighbor's trash. They asked Council for assistance and noted that they previously tried to resolve the issue with the owners but had no success. City Manager Bludau stated that staff will work on actions to strengthen enforcement and report back to Council. XVI. CONTINUED BUSINESS 12. COST RECOVERY ORDINANCE. [100 -2008] Revenue Manager Everroad stated that the recommended changes have been applied to the ordinance, fee schedule, and resolution. He noted that the modification fee will not need to be subject to phasing. In response to City Attorney Clauson's question, Revenue Manager Everroad stated that development fees are effective 60 days after the adoption. Motion by Council Member Henn to adopt Ordinance No. 2008 -14, amending Chapter 3.36 of the Newport Beach Municipal Code. Volume 58 - Page 543 City of Newport Beach City Council Minutes July 8, 2008 The motion carried by the following roll call vote Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich, Council Member Curry, Council Member Gardner Absent: Council Member Webb Motion—by-Council. Member. Henn to adopt Resolution No. 2008 -67 related to the Master Fee Schedule. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem. Daigle, Mayor Selich, Council Member Gardner Noes: Council Member Curry Absent: Council Member Webb XVII. MOTION FOR RECONSIDERATION -None XVIII. ADJOURNMENT - Adjourned at 8:28 p.m. in memory of Phil Arst. The agenda for the Regular Meeting was posted on July 2, 2008, at 1:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Mayor Volume 58 - Page 544