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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING JUNE 14, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 5:00 P.M./CLOSED SESSION - CANCELLED/ REGULAR MEETING - 7:00 P.M. DIANE B. DIXON, Mayor KEVIN MULDOON, Mayor Pro Tem KEITH D. CURRY, Council Member DUFFY DUFFIELD, Council Member EDWARD D. SELICH, Council Member SCOTT PEOTTER, Council Member TONY PETROS, Council Member DAVE KIFF - City Manager AARON HARP - City Attorney LEILANI BROWN - City Clerk CAROL JACOBS - Assistant City Manager 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. 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 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. 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 at the City Clerk's Office located at 100 Civic Center Drive, Bay E, 2nd Floor. Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. Study Sessions are usually held on the second and fourth Tuesdays of each month at 4:00 pm (subject to change). Regular meetings of the City Council are held on the second and fourth Tuesdays of each month at 7:00 p.m., except in the months of August and December when there will be at least one regular meeting in August and one regular meeting in December. 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/CouncilAgendas. 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 Leilani Brown, City Clerk, prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949-644-3005 or cityclerk(a)newportbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH JUNE 14, 2016 STUDY SESSION - 5:00 P.M./CLOSED SESSION - CANCELLED/ REGULAR MEETING - 7:00 P.M. I. ROLL CALL — 5:00 p.m. II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Proclamation Recognizing the Newport Harbor Yacht Club's Centennial SS3. Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program Discuss and provide comments regarding participation in the Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program. A separate staff report with recommended actions will be presented for City Council consideration on the Regular Meeting agenda. SS4. Vessel Sewage Pumpout Program for Mooring Permittees Should the City offer free vessel sewage pumpout service to persons who hold offshore mooring permits as an added value for the permits? Under consideration is a contract for up to $25,000 per firm to two mobile vessel sewage pumpout companies who could service vessels, upon request by the mooring holder. This would promote water quality efforts in the harbor and provide improved services to the mooring permittees. SS5. Council Input on City Self Certification of Water Regulations Staff will brief the Council on the State's new drought compliance system which allows agencies to select their own reduction efforts and thresholds. III. PUBLIC COMMENTS 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 City Council. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. 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. RECESS V. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. PLEDGE OF ALLEGIANCE VIII. INVOCATION - Rabbi Robin Foonberg, Congregation B'nai Israel IX. 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 City Council. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. City Council Meeting June 14, 2016 Page 2 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. As a courtesy, please turn cell phones off or set them in the silent mode. X. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) XI. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the Consent Calendar for discussion (Items 1 - 22). Public comments are invited on Consent Calendar from members of the audience. 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. MI1�dd►694Z11Ka_1114►U7_1V READING OF MINUTES AND ORDINANCES 1. Minutes for the May 24, 2016 Study Session, Regular Meeting, and Joint Meeting with the Finance Committee 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. RESOLUTIONS FOR ADOPTION 3. Resolution Authorizing the Temporary Closure of Selected Streets for the July 4th Holiday Period 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. 2016-66, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Temporary Closure of Back Bay Drive, the 100 Block of Orange Street from Traffic off of Pacific Coast Highway, Via Oporto from Via Lido to 32nd Street, San Joaquin Hills Road between Back Bay Drive and the Entrance to the Park Newport Apartment Complex, and Via Malaga between Via Oporto and Via Lido. 4. Calling the November 8, 2016 General Municipal Election a) Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 8, 2016, pursuant to City Charter Section 1000: 1) Adopt Resolution No. 2016-67, A Resolution of the City Council of the City of Newport Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2016, for the Election of Members of the City Council as Required by the Provisions of the City Charter, City Council Meeting June 14, 2016 Page 3 2) Adopt Resolution No. 2016-68, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 8, 2016, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Electing Members of the City Council; 3) Adopt Resolution No. 2016-69, A Resolution of the City Council of the City of Newport Beach, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, November 8, 2016; 4) Adopt Resolution No. 2016-70, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 8, 2016, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Submitting a Proposed Charter Amendment; 6) Adopt Resolution No. 2016-71, A Resolution of the City Council of the City of Newport Beach, California, Setting Priorities for Filing Written Arguments Regarding a City Measure, and Directing the City Attorney to Prepare an Impartial Analysis; 7) Adopt Resolution No. 2016-72, A Resolution of the City Council of the City of Newport Beach, California, Providing for the Filing of Rebuttal Arguments for the City Measure Submitted to the Voters at the General Municipal Election to be Held on Tuesday, November 8, 2016, Pursuant to California Elections Code Section 9285; b) Designate Council Member Keith Curry to draft a Direct Argument for the ballot measure and any Rebuttal Argument, if needed; and c) 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. 5. Senate Bill 272 — The California Public Records Act: Local Agencies: Inventory 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. 2016-73, A Resolution of the City Council of the City of Newport Beach, California, Designating the City Clerk as Responsible for Maintaining the City's Catalog of Enterprise Systems as Required by California Government Code Section 6270.5. 6. General Fund Budget Surplus Utilization Policy 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. 2016-74, A Resolution of the City Council of the City of Newport Beach, California, Establishing a General Fund Surplus Utilization Policy, City Council Policy F-5. 7. Adoption of Fiscal Year 2015-16 Appropriations Limit 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. 2016-75, A Resolution of the City Council of the City of Newport Beach, California, Determining and Establishing an Appropriations Limit (GANN) for Fiscal Year 2016-17 in Accordance with Article XI11B of the California Constitution and Government Code Section 7910, in the amount of $178,325,103. City Council Meeting June 14, 2016 Page 4 8. Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program 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; b) Adopt Resolution No. 2016-76, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the City Manager, or Designee, to Execute Agreements with the Department of Health Care Services (DHCS) and CalOptima to Participate in the FY 2014-2015 Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program; and c) Approve Budget Amendment No. 16BA-043 to increase expenditure appropriations by $308,504.40 in the Medi -Cal IGT account 01040404-821008 and to increase revenue estimates by $411,339 in the Medi -Cal IGT account 01040404-431246 of the Fire Department. CONTRACTS AND AGREEMENTS 9. Marina Park Project -Notice of Completion for Contract No. 3897-C (15P14) -Building and Site Development - Bid Package 3 a) Determine that no further California Environmental Quality Act (CEQA) action is necessary. All significant environmental effects for Marina Park have been adequately addressed in the previously certified Environmental Impact Report No. (SCH No. 2008051096); b) Accept the completed work for Contract No. 3897-C, Marina Park Project — "Building and Site Development" and authorize the City Clerk to file a Notice of Completion for the project; c) Authorize the City Clerk to release the Labor & Materials Bond for Contract No. 3897-C 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and d) Release the Faithful Performance Bond for Contract No. 3897-C one year after acceptance by the City Council. 10. Purchase of Command Post Vehicle a) Approve the purchase of a 2016 Sprinter 3500 Van from Farber Specialty Vehicles, Incorporated, of Reynoldsburg, Ohio, for a total cost of $147,306; b) Authorize the City Manager to execute documents necessary to complete the purchase; and c) 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. 11. Approval of Purchase Agreement with Haaker Equipment Company for One CNG -Powered Sewer Cleaner Truck 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) Approve an agreement for the purchase of one CNG -powered Sewer Cleaner Truck from Haaker Equipment Company for a total cost of $498,636.64, and authorize the Mayor and City Clerk to execute the agreement. 12. Santa Ana -Delhi Diversion Project Agreement a) Determine that the Mitigated Negative Declaration for the Santa Ana -Delhi Diversion Project is adequate to address the potential environmental effects of the Council's action; and b) Approve Santa Ana -Delhi Channel Diversion Project Agreement D15-013 ("Project Agreement"), and authorize the City Manager to sign the Project Agreement. City Council Meeting June 14, 2016 Page 5 13. Grant Industrial Waste Permit to J&J Marine Acquisition Company, LLC a) Find the issuance of the permit exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; b) Receive and review the report; c) Find no further investigation is necessary pursuant to NBMC 14.28.050 Issuance - Conditions; and d) Authorize the City Manager to execute the permit. 14. Agreement with Urban Graffiti Enterprises, Inc. for Graffiti Abatement Services 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) Approve and authorize the Mayor and City Clerk to execute the Maintenance Service Agreement with Urban Graffiti Enterprises, Inc. for graffiti abatement services for five years with a total amount not to exceed $450,000.00. 15. Agreement with the Laguna Beach County Water District 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) Approve and authorize the execution of an Agreement between the City of Newport Beach and the Laguna Beach County Water District for the provision of an interruptible supply of potable water. 16. Tentative Agreement with the Part Time Employees Association of Newport Beach (PTEANB) 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) Receive and consider the Tentative Agreement between the City of Newport Beach and the Part Time Employees Association of Newport Beach. MISCELLANEOUS 17. Planning Commission Agenda for the June 9, 2016 Meeting Receive and file. 18. 2016 Water Consumer Confidence Report 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) Receive and file. 19. Request to Install Three Sidewalk Cafes along East Coast Highway within the Newly Constructed Corona del Mar Entry Area Sidewalk a) Find this action is categorically exempt from the State California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303 — Class 3 (New Construction or Conversion of Small Structures) on the basis that the improvements associated with the outdoor dining area are considered accessory to the main structure; City Council Meeting June 14, 2016 Page 6 b) Waive a portion of City Council Policy L-21, Sidewalk Cafe Standards and Procedures, to allow six-foot and seven -foot -wide minimum pedestrian clear widths in potentially heavy pedestrian traffic areas and to allow permanent barriers with a maximum height of 42 inches; and c) Direct owners to apply for an Annual Outside Dining Encroachment Permit and pay all applicable fees. 20. A Newport Beach Sustainability Plan 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) Forward the proposed Newport Beach Sustainability Plan to the Planning Commission; Harbor Commission; Parks, Beaches, and Recreation Commission; Tidelands Management Committee; Environmental Quality Affairs Committee; Water Quality/Coastal Tidelands Committee and Finance Committee for review and recommendation regarding the plan's implementation. 21. Annual Measure M Fund Eligibility Requirements 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; b) Adopt the Measure M 7 -Year CIP; and c) Direct staff to submit all necessary material to OCTA to satisfy the Measure M annual eligibility requirements. 22. Board and Commission Scheduled Vacancies - Confirmation of Nominees 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; b) Waive the requirement in City Council Policy A-2 relative to having at least two (2) nominations for each vacancy as it pertains to the Building and Fire Board of Appeals vacancies; and c) Confirm the nominations made by the Ad Hoc Appointments Committee: Board of Library Trustees [2 vacancies/minimum 4 nominees] Douglas Coulter Robyn Grant (incumbent) David Sheffner Paul Watkins Building and Fire Board of Appeals [2 vacancies/minimum 2 nominees] (only received two applications) Khosrow Nourmohammadi (Scum Nour) (incumbent) Rolly Pulaski City Arts Commission [2 vacancies/minimum 4 nominees] Michelle Bendetti Leigh Donaldson Vivien Hyman Lesley Miller Civil Service Board (Police and Fire nominees) [2 vacancies/minimum 5 nominees pursuant to City Charter Section 710]* 1. Robyn Grant 2. Jane Della Grotta 3. Douglas Coulter 4. Douglas Wood 5. Sharon Wood * The Police and Fire representatives ranked the nominees (as noted above) for City Council consideration. XIII XIV XV. XVI. City Council Meeting June 14, 2016 Page 7 Harbor Commission [1 vacancy/minimum 2 nominees] Ira Beer Paul Blank (incumbent) Parks, Beaches & Recreation Commission [1 vacancy/minimum 2 nominees] David Granoff Shelly Trainor Planning Commission [2 vacancies/minimum 4 nominees] James Barone Bill Dunlap Lauren Kleiman Erik Weigand (incumbent) ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED ITEMS REMOVED FROM THE CONSENT CALENDAR 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. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES PUBLIC HEARINGS 23. Resolution No. 2016-77: Fiscal Year 2016-17 Budget Adoption; City Budget Hearing; Budget Adoption; Recommendations from the Finance Committee; Budget Checklist Items; Other Financial Policy Recommendations a) Conduct a public hearing on the City Manager's Proposed Budget for Fiscal Year 2016- 17. After taking public input, discuss Council member recommendations for additions, deletions, or modifications to proposed budget and budget checklist; b) 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; c) Conduct a straw vote on the "checklist" of budget revisions, including those items added, changed or removed during the public hearing. Based on the straw vote, checklist items approved will be included in the City's Fiscal Year 2016-17 Approved Budget; d) Consider and, if appropriate, approve the Finance Committee's recommendations regarding eight (8) policy or program questions raised by City Council Members at the May 24, 2016 Joint Meeting; and e) Adopt Resolution No. 2016-77, A Resolution of the City Council of the City of Newport Beach, California, Adopting the Budget for the 2016-17 Fiscal Year, as amended by Items 1 and 3 above. 24. Public Hearing for 2015 Urban Water Management Plan a) Determine that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; b) Conduct a public hearing; and c) Direct staff to include any comments and return item to June 28th Council meeting for adoption. City Council Meeting June 14, 2016 Page 8 25. Troesh Residence Appeal Located at 336 Catalina Drive and 333 La Jolla Drive - Modification Permit No. MD2015-008, Variance No. VA2015-003 (PA2015-122) a) Conduct a de novo public hearing; b) Find that the action is not subject to the California Environmental Quality Act; and c1) Refer the application on appeal to the Planning Commission for further consideration due to project changes; or c2) Alternatively, should the matter not be referred to the Planning Commission, continue the item to the July 12, 2016, City Council meeting. 26. Resolution No. 2016-78: Renewal of the Corona del Mar Business District for Fiscal Year 2016-2017 and Advisory Board Appointments for Fiscal Year 2016-2017 a) Hold a public hearing regarding the renewal of the Corona del Mar Business Improvement District; b1) If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2016-78, A Resolution of the City Council of the City of Newport Beach, California, Confirming the Levying of Assessments for the Fiscal Year of July 1, 2016 to June 30, 2017 for the Corona del Mar Business Improvement District; or b2) If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Corona del Mar Business Improvement District; c) 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; d) Increase the CdM BID funding to $40,000 each year through fiscal year 2017-2018; e) Authorize staff to enter into a two-year agreement for CdM BID bookkeeping support services with Linda Leonhard, dba Community Business Solutions for a not -to -exceed amount of $31,200; and f) Appoint the following to the Corona del Mar Business Improvement District Advisory Board of Directors for fiscal year 2016-2017: Keith Dawson, Dawson & Dawson Edward Hanley, Hanley Investment Group Hamid Kianipur, 76 Gas Station Scott LaFleur, representing Cafe Jardin Scott Laidlaw, Laidlaw Schultz Architects Shawn Lim, Rose Bakery Cafe Bernie Svalstad, BPS Financial Jim Walker, The Bungalow Restaurant 27. Resolution No. 2016-79: Renewal of the Newport Beach Restaurant Association Business District for Fiscal Year 2016-2017 and Advisory Board Appointments for Fiscal Year 2016-2017 a) Hold a public hearing regarding the renewal of the Newport Beach Restaurant Association Business Improvement District; b1) If protests represent less than 50 percent of the total assessment amount, adopt Resolution No. 2016-79, A Resolution of the City Council of the City of Newport Beach, California, Confirming the Levying of Assessments for the Fiscal Year of July 1, 2016 to June 30, 2017 for the Newport Beach Restaurant Association Business Improvement District; or b2) If protests represent 50 percent or more of the total assessment, abandon the proceedings to renew the Newport Beach Restaurant Association Business Improvement District; c) 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; d) Increase the Newport Beach Restaurant Association Business Improvement District funding to $40,000 each year through fiscal year 2017-2018; e) Authorize staff to enter into a two-year agreement for the Newport Beach Restaurant Association Business Improvement District bookkeeping services with Newport Beach & Company for a not -to -exceed amount of $36,000; and City Council Meeting June 14, 2016 Page 9 f) Appoint the following to the Newport Beach Restaurant Association Business Improvement District Advisory Board of Directors for fiscal year 2016-2017: John DeFrenza, representing Crocker's "The Well Dressed Frank" Mario Marovic, Malarky's Irish Pub Bruno Massuger, Newport Dunes Resort Matthew Meddock, Sessions West Coast Deli Dan Miller, The Village Inn Jordan Otterbein, A Restaurant & Market Catherine Pavlos, Provenance Restaurant Christopher Roman, CUCINA enoteca Brendon Salisbury, The Cannery Restaurant Ron Schwartz, Muldoon's Irish Pub Jim Walker, The Bungalow Restaurant XVII. CURRENT BUSINESS 28. Irvine Avenue Pavement and Median Rehabilitation — Award of Contract No. 5869 (15R16) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15301(c) (minor alterations of existing public facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Upon approval of the necessary programmed project funding with the adoption of the FY16/17 Capital Improvement Budget, award Contract No. 5869 to All American Asphalt for the total bid price of $1,662,662.00, and authorize the Mayor and the City Clerk to execute the contract; and d) Establish an amount of $165,000.00 (10 percent) to cover the cost of unforeseen work not included in the original contract. 29. Sewer Main Lining and Repairs — Award of Contract No. 6363 (15503) a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15301 (c) (minor alterations of existing public facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve the project drawings and specifications; c) Upon approval of the necessary programmed project funding with the adoption of the FY16/17 Capital Improvement Program Budget, award Contract No. 6363 to Mike Prlich and Sons, Inc. for the total bid price of $588,775.00, and authorize the Mayor and the City Clerk to execute the contract; and d) Establish an amount of $60,000.00 (10 percent) to cover the cost of unforeseen work not included in the original contract. 30. Auditor Recommendation 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) Authorize the Mayor and City Clerk to sign a contract with White, Nelson, Diehl, Evans LLP to perform the City's annual financial audit for the Fiscal Year 2015-2016, with the option to renew the contract for four additional one-year terms. City Council Meeting June 14, 2016 Page 10 31. Bike/Pedestrian Safety Around Schools (and Other Areas) 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) Direct staff to examine the concepts outlined in this staff report, seek additional community perspectives on the subject, and to report back to the Council in the near future on how to enhance and improve ways to get to and from schools and other key areas frequented by children on bikes. 32. Charter Amendment to Impose Restrictions on Debt Issuance 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) Direct that the Finance Committee review and report back on a possible City Charter amendment relating to non -GO debt and call provisions. 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 - In memory of Brock McCann Testimony given before the City Council is recorded. The timing light will turn yellow when the speaker has one minute left. The timing light will turn red when the speaker has 10 seconds left. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE.