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Home My WebLink About0 - Regular Meeting AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA REGULAR CITY COUNCIL MEETING TUESDAY, JULY 12, 2011, AT 7:00 P.M. COUNCIL CHAMBERS 3300 NEWPORT BOULEVARD MICHAEL F. HENN Mayor NANCY GARDNER STEVEN ROSANSKY Mayor Pro Tern Council Member RUSH N. HILL, II Council Member EDWARD D. SELICH Council Member LESLIE J. DAIGLE Council Member KEITH D. CURRY Council Member DAVE KIFF — City Manager DAVID HUNT —City Attorney LEILANI BROWN — City Clerk DANA SMITH — Assistant City Manager STEPHEN BADUM — Public Works Director 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 generally 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 website: http: / /www.newportbeachca.gov. 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 Leilani Brown, 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 OFF OR SET IN SILENT MODE. NEWPORT BEACH CITY COUNCIL AGENDA COUNCIL CHAMBERS — 3300 NEWPORT BOULEVARD JULY 12, 2011 I. STUDY SESSION — 4:00 p.m. Il. CLOSED SESSION — None III. RECESS IV. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL VI. CLOSED SESSION REPORT - None VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION — Ms. Pat McLaughlin, Second Church of Christ Scientist IX. PRESENTATION July 4th in West Newport — Appreciation and Brief Update 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 (5) 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 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) XII. CONSENT CALENDAR 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, 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. 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. A. B. RA 0 READING OF MINUTES /ORDINANCES AND RESOLUTIONS MINUTES FOR THE STUDY SESSION AND REGULAR MEETINGS OF JUNE 28, 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. ORDINANCES FOR ADOPTION 3. CITY ADMINISTRATIVE DEPARTMENT RESTRUCTURING AND RENAMING. Conduct second reading and adopt Ordinance No. 2011 -17, amending Chapter 2.12 of Title 2 of the Newport Beach Municipal Code pertaining to administrative departments and organization of the City. 4. ORDINANCE PERTAINING TO THE BUILDING AND FIRE BOARD OF APPEALS. Conduct second reading and adopt Ordinance No. 2011 -14 amending Section 14.30.030(D) of Chapter 14.30 and adding Chapter 15.80 to Title 15 of the Newport Beach Municipal Code, pertaining to the Building and Fire Board of Appeals. 5. VIA LIDO AMENDMENTS (PA2011 -024) — 3363, 3377 VIA LIDO AND 3378 VIA OPORTO - AMENDMENTS TO THE ZONING MAP TO CHANGE THE ZONING DESIGNATION OF SUBJECT PROPERTY FROM MULTIPLE -UNIT RESIDENTIAL (RM) TO MIXED -USE VERTICAL (MU -V). Conduct second reading and adopt Ordinance No. 2011 -18 approving Code Amendment No. CA2011 -005. 1;7�Yf]*IlI[@JJ§7 J.7 T 0I0]iI[f]i`I 6. BEAUCHAMP COASTAL LAND USE PLAN AMENDMENT (PA2009 -067) — 2000 -2016 EAST BALBOA BOULEVARD — COASTAL LAND USE PLAN AMENDMENT NO. LC2009 -001. Adopt Resolution No. 2011 -81 affirming Coastal Commission approval of Local Coastal Program Amendment No. NPB- MAJ-19 for Coastal Land Use Plan Amendment No. LC2009- 001(PA2009 -067) as required by City Council Resolution No. 2010 -50. CONTRACTS AND AGREEMENTS 7. WEST NEWPORT OIL FIELD REVIEW, EVALUATION, AND MODIFICATION PROGRAM — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH NETHERLAND, SEWELL & ASSOCIATES, INC. Staff recommends that this item be continued to July 26, 2011 to provide staff sufficient time to finalize the Professional Services Agreement. 8. ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT — AWARD OF CONTRACT NO. 4775. a) Approve the project drawings and specifications; b) award Contract No. 4775 to T. E. Roberts, Inc. for the total bid price of $249,985.00, and authorize the Mayor and the City Clerk to execute the contract; c) establish an amount of $37,497.00 (15 %) to cover the cost of unforeseen work not included in the original contract; and d) approve Budget Amendment No. 12BA -001 appropriating $105,000.00 from unappropriated Water Main Enterprise Fund Reserve to Account No. 7511- C6002009. 9. LICENSE AGREEMENT FOR THE NEWPORT BEACH FARMERS' MARKET. a) Authorize the Mayor and City Clerk to sign a License Agreement for the Newport Beach Farmers' Market between the City of Newport Beach and the Sprouts of Promise Foundation ( "Licensee "), allowing the Licensee the use of City property for a Certified Farmers' Market subject to the terms and conditions of the new agreement; and b) waive the requirement for certified farmers to obtain a business license pursuant to Section 5.04.025 of the Newport Beach Municipal Code because of hardship as discussed in the staff report, and direct staff to further study options for the apportionment of business license taxes for itinerant vendors. 10. PUBLIC RESTROOM JANITORIAL SERVICES AT CITY PARKS AND BEACHES AGREEMENT. Approve the Agreement between ABM Janitorial Services and the City of Newport Beach for public restroom janitorial services at City parks and beaches, and authorize the Mayor and City Clerk to sign the Agreement. E. MISCELLANEOUS 11. PLANNING COMMISSION AGENDA FOR JULY 7, 2011. Receive and file written report. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR XIV. 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. XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVI. PUBLIC HEARINGS — None XVII. CURRENT BUSINESS 12. FIRST READING — CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RULES AND REGULATIONS FOR PARKS, PARK FACILITIES AND BEACHES. Introduce Ordinance No. 2011 -19, amending Chapter 11.04 of Title 11 of the Newport Beach Municipal Code pertaining to rules and regulations for parks, park facilities and, beaches, and pass to second reading on July 26, 2011. XVIII. 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. XIX. ADJOURNMENT