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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA AUGUST 22, 2023 CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 STUDY SESSION FOLLOWS NEWPORT BEACH PUBLIC FACILITIES CORPORATION — 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION — FOLLOWS STUDY SESSION REGULAR MEETING — 5:30 P.M. NOAH BLOM, Mayor WILL O'NEILL, Mayor Pro Tern BRAD AVERY, Council Member ROBYN GRANT, Council Member LAUREN KLEIMAN, Council Member JOE STAPLETON, Council Member ERIK WEIGAND, Council Member GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI I. BROWN, City Clerk NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the City Clerk 24 hours prior to the scheduled City Council meeting. LEVINE ACT Under the Levine Act, Section 84308 of the Government Code, a party to a proceeding before the City involving a contract (other than competitively bid, labor, or personal employment contracts), franchise, license, permit, or other entitlement for use, is required to disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent to any elected or appointed officer of the City. If you have made a qualifying contribution, please ensure to make this disclosure on the record. PUBLIC HEARINGS 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. NOTICE TO THE PUBLIC Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available in the City Council Chambers lobby located at 100 Civic Center Drive. Staff reports or other written documentation have been prepared or organized with respect to the items of business listed on the agenda. 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. Agendas and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. The City of Newport Beach's goal is 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, we will attempt to accommodate you in every reasonable manner. Please contact City Clerk Leilani Brown prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 AUGUST 22, 2023 STUDY SESSION FOLLOWS NEWPORT BEACH PUBLIC FACILITIES CORPORATION - 4:00 P.M. (PUBLIC WELCOME) CLOSED SESSION - FOLLOWS STUDY SESSION REGULAR MEETING - 5:30 P.M. ROLL CALL — 4:00 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. 2023 Water and Wastewater Rate Study The Utilities Department is leading the effort to review the rates associated with the Water and Wastewater Enterprise Funds. Black and Veatch Corporation has been retained to conduct the studies. The previous water and wastewater rate studies were completed in 2019 and 2017, respectively. Inflationary cost increases, especially on operational and capital improvements costs, continue to put pressure on the funds. The Finance Committee was presented with information and provided feedback on May 11, 2023, and July 26, 2023. The purpose of this Study Session presentation is to present a summary of the financial analysis and the draft water and sewer rates, and to receive input and seek direction from the City Council to bring back the item as a formal City Council agenda item. III. PUBLIC COMMENTS The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non -agenda items. Speakers must limit comments to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. IV. CLOSED SESSION — After Study Session — Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code § 54956.9) (d)(2), (e)(2)(3)): 1 matter The City Council will meet in Closed Session to discuss potential litigation against the City as set forth in the correspondence dated April 11, 2023, from Andrew Willis, Enforcement Staff Counsel, for the California Coastal Commission, related to the Western Snowy Plover and the wood -slat fences that previously existed at/near Balboa Beach. A copy of the April 11, 2023 correspondence is attached to this agenda and is available for inspection at the City Clerk's Office located at 100 Civic Center Drive, Newport Beach, California 92660. B. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION —ANTICIPATED LITIGATION (Government Code § 54956.9 (d)(1) and (d)(4)): 1 Matter Gloria Johnson, et al. v. City of Grants Pass United States Court of Appeals for the Ninth Circuit Case Nos. 20-35752; 20-35881 United States District Court for the District of Oregon Case No. 1:18-cv-01823-CL (The reason for holding a closed session is for the purpose of conferring with and/or receiving advice from the City's legal counsel and to receive direction from the City Council regarding the possible filing and/or participation in an amicus brief in this case.) City Council Meeting August 22, 2023 Page 2 V. RECESS VI. RECONVENE AT 5:30 P.M. FOR REGULAR MEETING VII. ROLL CALL Vill. CLOSED SESSION REPORT IX. INVOCATION — Pastor David Manne, Calvary Chapel of Costa Mesa X. PLEDGE OF ALLEGIANCE XI. NOTICE TO THE PUBLIC The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. XII. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA (NON -DISCUSSION ITEM) • Consideration of a policy for nightly closure of all public restrooms in the City, consistent with the policies of surrounding cities in the County. [Kleiman, Stapleton] • A study of the allowed uses along the Coast Highway commercial corridor and parking needs of Corona Del Mar Village. [Kleiman] XIV. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1— 26). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item. All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. 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 request specific items to be discussed and/or removed from the Consent Calendar for separate action. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the July 25, 2023 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. City Council Meeting August 22, 2023 Page 3 ORDINANCE FOR ADOPTION 3. Ordinance No. 2023-13: An Amendment to Newport Place Planned Community Development Plan to Revise the Minimum Affordability Housing Percentage of the Residential Overlay (PA2023-0082) a) Find the adoption of this ordinance is not subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2023-13, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to the Newport Place Planned Community Development Plan to Revise the Minimum Affordability Housing Percentage of the Residential Overlay (PA2023-0082). RESOLUTIONS FOR ADOPTION 4. Resolution No. 2023-46: Resolution of Intention to Conduct a Public Hearing to Grant New Non -Exclusive Solid Waste Franchise a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2023-46, A Resolution of the City Council of the City of Newport Beach, California, Declaring Its Intention to Conduct a Public Hearing to Consider Granting a Non -Exclusive Commercial Solid Waste and Divertible Materials Handling Franchise. 5. Resolution No. 2023-47: Waiving Council Policies B-8 and B-13 to Permit a Charity Volleyball Tournament a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 (Minor Alterations to Land), because it has no potential to have a significant effect on the environment; and b) Adopt Resolution No. 2023-47, A Resolution of the City Council of the City of Newport Beach, California, Waiving Council Policy B-8, and Section A.1 of Council Policy B-13 to Permit a Charity Volleyball Tournament and Allow for Alcoholic Beverages on a City Beach Held by Volleyball Newport Beach Inc. 6. Resolution No. 2023-48: Amended Joint Powers Agreement for the Integrated Law and Justice Agency for Orange County a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-48, A Resolution of the City Council of the City of Newport Beach, California, Approving the Restated and Amended Joint Powers Agreement for Integrated Law and Justice Agency for Orange County; and c) Approve the amended Joint Powers Agreement for the Integrated Law and Justice Agency for Orange County and authorize the Mayor to execute the agreement. 7. Resolution No. 2023-49: Authorizing a Grant Agreement for the San Diego Creek Trash Interceptor Project - Contract No. 7127-5 (17X12) a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2023-49, A Resolution of the City Council of the City of Newport Beach, California, Authorizing an Agreement with the State of California Department of Water Resources to Receive Funds for the San Diego Creek Trash Interceptor Project. City Council Meeting August 22, 2023 Page 4 8. Resolution No. 2023-50: Amending the Staff Structure of the Harbor Department a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Change the staffing structure of the Harbor Department by eliminating one full-time Harbor Service Worker position and replacing it with the addition of one full-time Lead Harbor Service Worker position; and c) Adopt Resolution No. 2023-50, A Resolution of the City Council of the City of Newport Beach, California, Amending the Staffing Structure in the Harbor Department. CONTRACTS AND AGREEMENTS 9. Gateway Park Improvements — Notice of Completion of Contract No. 8791-1 (231-01) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 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 acceptance by the City Council. 10. Ford Road Wastewater Pump Station Improvement — Award of Contract No. 7731-2 (23SO4) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b), Class 1 (maintenance of existing public facilities used to provide sewerage) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 7731-2 to Paulus Engineering, Inc. for the bid price of $799,700 for the Ford Road Wastewater Pump Station Improvement Project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $80,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract. 11. Streetlight Foundation Inspection and Replacement — Award of Contract No. 9233-1 (23V02) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c) (replacement of existing utility facilities involving negligible expansion of capacity) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 9233-1 to Servitek Electric, Inc. for the bid price of $378,000 for the Streetlight Foundation Inspection and Replacement Project, and authorize the Mayor and City Clerk to execute the contract; and d) Establish a contingency of $38,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract. 12. Arroyo Park Synthetic Turf Field Installation —Award of Contract No. 8891-2 (23P11) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301_Class 1 (rehabilitation of deteriorated facilities) of the CEQA Guidelines, because this project results in no expansion of an existing use has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Declare the bid packages submitted by Legion Contractors, Inc. of Irvine, California as non -responsive; d) Approve Budget Amendment No. 24-012 appropriating $1,665,952 in increased expenditures in Account No. 53601-980000-23P11 (Arroyo Park Synthetic Turf) from General Fund surplus for Fiscal Year 2022-23; City Council Meeting August 22, 2023 Page 5 e) Award Contract No. 7127-5 to Byrom -Davey, Inc., for the total bid price of $2,596,027 for the Arroyo Park Synthetic Turf Field Installation project, and authorize the Mayor and City Clerk to execute the contract; and f) Establish a contingency of $259,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract. 13. Window Washing and Exterior Cleaning Services — Maintenance and Repair Agreement with Crown Building Services, Inc. a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a five-year Agreement with Crown Building Services Inc. to provide Window Washing and Exterior Cleaning Services for a total not -to -exceed amount of $401,000; and c) Authorize the Mayor and City Clerk to execute the agreement. 14. Award of On -Call Harbor Maintenance/Repair Service Agreements with South Waterfront Construction Corporation and Tidal Marine Construction, Inc. a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve two separate On -Call Maintenance/Repair Services Agreements: one with South Waterfront Construction Corporation at a not -to -exceed amount of $400,000 and one with Tidal Marine Construction, Inc. at a not -to -exceed amount of $300,000, both over the span of five years, and authorize the Mayor and City Clerk to execute the agreements. 15. Approval of Amendment No. One to Agreement for Consulting Arborist Services with Dudek (Contract No. 7936-1) a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. One to the Agreement with Dudek for Consulting Arborist Services to increase the total contract not -to -exceed amount to $270,000 and extend the contract an additional three years to a new expiration date of October 1, 2026, and authorize the Mayor and City Clerk to execute the amendment. 16. Agreement for the Temporary Assignment of a Fire Engine from California Governor's Office of Emergency Services (Cal OES) to the City of Newport Beach a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the Agreement for Temporary Assignment of Vehicular Equipment with California Governor's Office of Emergency Services (Cal OES) for temporary assignment of Cal OES Fire Engine No. 1105 and authorize the City Manager and the City Clerk to execute the agreement. 17. Amendment No. Eight to Professional Services Agreement with Parkmobile, LLC for Pay -By -Cell and Parking Reservation Services a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. Eight to extend the Agreement termination date to November 30, 2023, and authorize the Mayor and City Clerk to execute the Amendment. City Council Meeting August 22, 2023 Page 6 18. Approval of Independent Contractor Agreement with Newport Bay Naturalists and Friends, d.b.a. Newport Bay Conservancy, for the Fostering interest in Nature (FiiN) program. a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060 (c)(3) of the CEQA Guidelines, because this action will not result in a physical change to the environment, directly or indirectly; b) Award a five (5) year professional services agreement for the Fostering interest in Nature Program to Newport Bay Naturalists and Friends, d.b.a. Newport Bay Conservancy, for the total not -to -exceed amount of $692,500, and authorize the Mayor and City Clerk to execute the agreement; and c) Approve Budget Amendment No. 24-017 to appropriate $76,758.65 in increased expenditure appropriations for the program modifications of increasing the number of programs per year. 19. Approval for the Purchase and Delivery of Unleaded Gasoline and Renewable Diesel Fuel a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager to approve Purchase Orders for the Public Works Department for the purchase and delivery of unleaded gasoline and diesel fuel to June 30, 2026, for a three-year term, for a total not -to -exceed of $3,600,000 and the option to extend the purchases for two additional years not -to -exceed $1,200,000 per fiscal year. MISCELLANEOUS 20. Planning Commission Action Report for the August 3, 2023 Meeting and Agenda for the August 17, 2023 Meeting Receive and file. 21. Resolution No. 2023-51: Amending the General Plan Advisory Committee Attendance Rules and Confirmation of Appointment to the General Plan Advisory Committee a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-51, A Resolution of the City Council of the City of Newport Beach, California, Amending the Rules Established by Resolution No. 2022-59 Related to the General Plan Advisory Committee to Include Meeting Attendance Requirements; and c) Confirm the General Plan Update Steering Committee's recommended appointment of Nicholas Acevedo to fill the vacancy on the General Plan Advisory Committee. 22. Confirmation of Nominations to Fill the Unscheduled Vacancy on the Board of Library Trustees a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Confirm the nominations of Antonella Castro and Timothy Rief to fill the vacancy on the Board of Library Trustees. 23. Visit Newport Beach, Inc. Fiscal Year 2023-24 Budget Supplemental a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Receive and file. City Council Meeting August 22, 2023 Page 7 24. Response to Grand Jury Report: "Welcome to the Neighborhood" a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the City's response to the 2022-2023 Orange County Grand Jury Report, "Welcome to the Neighborhood- Are cities responsibly managing the integration of group homes?" and authorize the Mayor to submit it to the Presiding Judge of the Superior Court pursuant to Penal Code Section 933.05 (a) and (b). 25. Response to the Orange County Grand Jury Report "School Shootings: How Prepared are Orange County Public Schools?" a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the City's response to the 2022-2023 Orange County Grand Jury report, "School Shootings: How Prepared are Orange County Public Schools?" and authorize the Mayor to submit the letter to the Presiding Judge of the Superior Court. 26. Response to 2022-2023 Orange County Grand Jury Report "Historic Rain, Yet Drought Remains" a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve the City's response to the 2022-2023 Orange County Grand Jury Report "Historic Rain, Yet Drought Remains" and authorize the Mayor to submit the letter to the Presiding Judge of the Superior Court. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. 27. Amendment No. Three to Community Development Block Grant and Professional Services Agreement with Mind OC — Be Well OC Mobile Crisis Response Team a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. Three to the Community Development Block Grant Public Services and Professional Services Agreement (Amendment) with Mind OC for the Be Well OC Mobile Crisis Response Team Program, with the term extended to June 30, 2024, and with the contract amount increased by $956,775 for a total amount not -to -exceed $2,169,955, and authorize the City Manager and City Clerk to execute the agreement in a form substantially similar to the agreement prepared by the City Attorney. City Council Meeting August 22, 2023 Page 8 28. Resolution No. 2023-53: Adopting Salary Ranges for the City Manager and City Attorney, and Adjusting Base Salaries for City Manager and City Attorney a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2023-53, A Resolution of the City Council of the City of Newport Beach, California, Adopting a New Salary Range for the City Manager and City Attorney; c) Approve and authorize the Mayor to execute Amendment B to the Third Amended and Restated Employment Agreement for the City Manager; and d) Approve and authorize the Mayor to execute Amendment B to the Seventh Amended and Restated Employment Agreement for the City Attorney. XIX. 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. XX. ADJOURNMENT — In memory of Mike Giddings Testimony given before the City Council is recorded. The timer light will turn yellow when the speaker has one minute remaining. The timer light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE