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HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING JULY 12, 2016 CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH STUDY SESSION - 4:30 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, 2"d 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 JULY 12, 2016 STUDY SESSION - 4:30 P.M./CLOSED SESSION - CANCELLED/ REGULAR MEETING - 7:00 P.M. ROLL CALL - 4:30 p.m. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar SS2. Newport Beach and Company's Annual Report Gary Sherwin, CEO of the parent organization of Visit Newport Beach, the community's destination marketing organization (DMO), will present Newport Beach & Co's annual report to the City Council. SS3. Presentation on the Preliminary Flood Insurance Rate Maps Recently Released by FEMA Community Development staff and others will present the Federal Emergency Management Association's (FEMA's) updated flood maps that can relate to flood insurance and building standards in certain low-lying areas. SS4. Solid Waste Franchise Agreements for Commercial and Construction/Demolition Waste, AB 1826 Municipal Operations (MOD) staff will follow up on a previous Council request to hear more about whether limiting the number of commercial/construction waste haulers would make more sense for the community than our current system (which is to allow many different franchisees). They'll also talk about new State requirements (AB 1826) relating to the collection of wet/food waste from restaurants, cafeterias, and other food service industries. SS5. Introduction of Smart Utility Application MOD staff will show the Council how a new smart phone application works in regards to water use and conservation (along with future upgrade possibilities). 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 agenda and non -agenda items, and are generally limited to three (3) minutes. 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 City Council Meeting July 12, 2016 Page 2 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. 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 - 9). 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. XII. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the June 28, 2016 Study Session and Regular 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. ORDINANCES FOR INTRODUCTION 3. Introduction of Ordinance No. 2016-10 Amending Chapter 5.20 of the NBMC Entitled Pawnbrokers, Secondhand Dealers and Junk Dealers 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) Introduce Ordinance No. 2016-10, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Chapter 5.20 Entitled "Pawnbrokers, Secondhand Dealers and Junk Dealers," and pass to second reading on July 26, 2016. City Council Meeting July 12, 2016 Page 3 4. Introduction of an Ordinance to Amend the Stakeholder Business Structure and Annual Assessments Levied for the Newport Beach Restaurant Association Business Improvement 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) Introduce Ordinance No. 2016-11, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Stakeholder Business Structure and Annual Assessments Levied for the Newport Beach Restaurant Association Business Improvement District, and pass to second reading on August 9, 2016. CONTRACTS AND AGREEMENTS 5. Corona del Mar Entry Improvements - Notice of Completion of Contract No. 6382 (151-12) a) At the January 26, 2016 meeting, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301; b) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; c) 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 d) Release the Faithful Performance Bond one year after acceptance by the City Council. 6. Acceptance of Funds from the California Department of Alcoholic Beverage Control 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) Approve the grant contract and accept the California Department of Alcoholic Beverage Control (ABC) 2016/2017 Grant Assistance Program (GAP) grant award in the total amount of $48,191, and authorize the Chief of Police to execute the agreement; and c) Approve Budget Amendment No. 17BA-002 to increase revenue estimates by $48,191 in Account No. 01035352-431472-G1702 and to increase expenditure estimates by the same amount in the expenditure accounts listed in the staff report. 7. Approval of the Orange County Transit Authority Senior Mobility Program Amendment to the Cooperative Agreement, Acceptance of Funds and Budget Amendment No. 17BA-003 for the OASIS Transportation 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 Amendment No. 1 to Cooperative Agreement No. C-1-2482 authorizing the Senior Mobility Cooperative Agreement with Orange County Transit Authority (OCTA) and acceptance of program funds, effective July 1, 2016 through June 30, 2021; and authorize the Recreation & Senior Services Director to act as the authorized agent for the City to execute any actions necessary to implement the Amendment to the Cooperative Agreement for the Senior Mobility Program; and c) Approve Budget Amendment No. 17BA-003 to increase revenue appropriations for account 0107033-431145 by $22,352, reflecting an increase in funding from the Orange County Transit Authority from $111,000 estimated annually to $133,352 annually based on current Senior Mobility program guidelines. XIII XIV XV City Council Meeting July 12, 2016 Page 4 MISCELLANEOUS 8. Planning Commission Agenda for the July 11, 2016 Meeting Receive and file. 9. Confirmation of Voting Delegate and Alternate for the 2016 League of California Cities Annual Conference - October 5, 2016 to October 7, 2016 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) Direct the City Clerk to complete and submit the LCC designation form by Friday, September 23, 2016; c) Designate Council Member Curry to be the Voting Delegate and Mayor Pro Tem Muldoon to be the Voting Delegate Alternate at the LCC Conference; and d) Authorize Council Member Curry and Mayor Pro Tem Muldoon to attend the annual LCC Conference pursuant to Charter Section 402 and City Council Policy F-8, and to be reimbursed for their official traveling expenses. 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 XVI. PUBLIC HEARINGS 10. Resolution to Declare a Level Two Water Supply Shortage a) Conduct a public hearing allowing the public to be heard on whether the resolution declaring a Level Two Water Supply Shortage should be adopted, and, if so; 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) Adopt Resolution No. 2016-87, A Resolution of the City Council of the City of Newport Beach, California, Declaring a Level Two Water Supply Shortage, and set customer usage to 85 percent of their 2013 usage for the same billing cycle or of a similar property and use if no billing data is available; and d) Direct the City Clerk to publish Resolution No. 2016-87 within (10) ten days of adoption of resolution. 11. Introduction of an Ordinance to Waive Past Due Assessments and Associated Penalties for the Newport Beach Restaurant Association Business Improvement District a) Hold a public hearing regarding the one-time waiver of delinquent stakeholder assessments and penalties on delinquent assessments for the Newport Beach Restaurant Association Business Improvement District; City Council Meeting July 12, 2016 Page 5 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; and c) Introduce Ordinance No. 2016-12, An Ordinance of the City Council of the City of Newport Beach, California, Waiving Past Due Assessments and Associated Penalties for the Newport Beach Restaurant Association Business Improvement District, and pass to second reading on July 26, 2016. XVII. CURRENT BUSINESS 12. 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. 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 Marian Bergeson and Milan Dostal 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.