HomeMy WebLinkAbout07/12/2016 - Study Session / Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Study Session and Regular Meeting
July 12, 2016
I. ROLL CALL - 4:30 p.m.
Present: Council Member Peotter, Council Member Selich, Council Member Curry, Council Member
Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Excused: Council Member Duffield
II. CURRENT BUSINESS
SS1. Clarification of Items on the Consent Calendar - None
SS2. Newport Beach and Company's Annual Report (C-4961) [381100-2016]
Assistant to the City Manager Finnigan introduced Gary Sherwin, Newport Beach and
Company. She noted that Visit Newport Beach and the Newport Beach Tourism Business
Improvement District would be presenting reports in August.
Gary Sherwin, President and CEO of Newport Beach and Company, presented Debbie Snavely
to provide opening remarks
Debbie Snavely, General Manager of the Newport Beach Marriott Hotel and Spa, Vice Chair of
Newport Beach and Company and Chair of the Newport Beach Tourism Business Improvement
District, introduced four members of the Newport Beach & Company Executive Committee in
attendance, Dennis O'Neil, Andy Theodorou, Homer Bludau, and Karl Kruger. She emphasized
that Visit Newport Beach was a true public/private partnership. In addition, she highlighted
the importance of the group sales effort.
Mr. Sherwin presented a PowerPoint presentation, outlining the economic impact of tourism to
Newport Beach, its market performance and comparison to Orange County, the brand promise,
Fiscal Year 2016 budgets, the organizational structure of Newport Beach & Company, displayed
a video highlighting the activities of its various entities, and discussed Newport Beach
Restaurant Week.
In response to Mayor Dixon's questions, Mr. Sherwin clarified that the Transient Occupancy
Tax (TOT) and Tourism Business Improvement District (TBID) budgets listed are the
percentage the company receives and are a result of business directly from the hotels. He also
described the need for more meeting space at hotels and competition from neighboring cities.
Mr. Sherwin explained the TBID's impact on group sales, international group sales, leisure and
international marketing, United Kingdom Promotion, visitor resources, advertising campaigns,
public relations, leisure marketing performance, and impact of destination marketing such as in
San Diego.
Jim Mosher discussed City funding assistance and questioned the benefit of tourism to the
residents. He believed the report was not useful.
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SSS. Presentation on the Preliminary Flood Insurance Rate Maps Recently Released by
FEMA [100-2016]
Assistant Community Development Director Jurjis presented a PowerPoint presentation to
explain FEMA's Open Pacific Coast Study, the National Flood Insurance Program, the current
Flood Insurance Rate Map (FIRM), proposed FIRM, next steps, timeline, reference information,
and fact sheet.
Council Member Selich supported proceeding with a consultant and potential appeal.
In response to Council Member Peotter's questions, Assistant Community Development Director
Jurjis explained that, if the City took no action, the base flood elevation would be set throughout
the Peninsula which would require flood insurance. He indicated development would be
impacted by the new map and lenders would require flood insurance. Council Member Peotter
remarked that wave events had not resulted in the events depicted by FEMA. Assistant
Community Development Director Juriis believed that FEMA was looking for more policy
payers into the system. Council Member Peotter noted flooding issues were not the reality and
suggested capping seawalls on Balboa Island. Assistant Community Development Director
Jurjis reported the seawalls in Balboa Island are considered levies. Council Member Peotter
suggested an analysis of the seawalls.
Jim Mosher expressed concern that, if FEMA was correct, people should be building cautiously
and might not want to be excluded from the federal flood insurance program. Additionally, he
mentioned UCI's upcoming workshop on Coastal Resiliency.
John Anderson questioned if this information would be incorporated into the General Plan
Safety Element. Community Development Director Brandt noted that anything needing to be
incorporated into the General Plan would be presented by staff.
Jim Miller indicated FEMA had previously digitalized its maps and included Newport Beach
residents by error. He discussed the requirement to purchase flood insurance and noted that
the City of Irvine worked to correct the flood map. He suggested the City discuss the matter
with Irvine for assistance.
Council Member Selich discussed the need to raise the pad height of development on Balboa
Island. Assistant Community Development Director Jurjis stated it would be necessary to
update the codes and confirmed that the pads would have to be elevated.
Mayor Dixon indicated support to proceed with the consultant. Assistant Community
Development Director Jurjis advised that staff needed to ensure the City's information was
included in the data. Mayor Dixon stated homes would be built on stilts if the proposed maps
were implemented. She encouraged an expeditious process.
SS4. Solid Waste Franchise Agreements for Commercial and ConstructionMemolition
Waste, AB 1826 [100-2016]
Municipal Operations Director Pisani presented a PowerPoint presentation to discuss the
current franchise agreements, current collection system, responsibilities of franchised haulers,
meeting the State waste reduction mandate, benefits and downsides of the current system,
State requirements, impact on City staff, haulers and businesses, moving from open/non-
exclusive or limited franchises, action items, and Council direction.
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Study Session and Regular Meeting
July 12, 2016
Council Member Selich indicated he was not in favor of going to an exclusive system and noted
he had not observed issues with multiple franchises causing congestion in alleys. Council
Member Curry agreed with retaining an open system.
In response to Mayor Dixon's question, Municipal Operations Director Pisani stated it was the
City's responsibility to ensure the regulations were being carried out by the haulers.
Mayor Pro Tem Muldoon supported maintaining the current practice.
Jim Mosher commended staff on the written report. He questioned the process prior to 1997.
He asked if multi -family residential complexes use commercial haulers or qualify to use CR&R,
and when organic collection would come into effect.
Council Member Peotter agreed to retain the open and competitive process.
Mayor Dixon concurred and suggested considering ways to reduce the burden on staff.
SSS. Introduction of Smart Utility Application [100-20161
Municipal Operations Director Murdoch presented a video regarding MyWater.
Harman Sandhu, Smart Utility Systems (SUS), presented a PowerPoint presentation explaining
SUS, benefits to Newport Beach customers, the MyWater Newport Beach Program, customer
outreach, and launch plan.
Municipal Operations Director Murdoch explained that the City would also have an analytical
tool through the app.
In response to Council Member Selich's question, Municipal Operations Director Murdoch
discussed real data pilot projects and real time was up to the minute. He noted the current data
was based on monthly reads. Council Member Selich discussed his experience with the pilot
program and encouraged moving towards real time data.
Jim Mosher commended the City's water conservation efforts handled by various departments
and the report by the Conservation and Water Quality Program.
Mayor Dixon asked if the City's apps could be linked. Municipal Operations Director Murdoch
stated the apps were separate.
III. PUBLIC COMMENT
Jim Mosher pointed out that Closed Session had been cancelled for the past four meetings. Further, he
expressed concern that Granicus/Legistar was not functioning over the weekend and expressed
frustration with the archive processes on the website.
Mayor Dixon reported there was a system wide issue with Granicus.
IV. RECESS — 6:28 p.m.
V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
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City of Newport Beach
Study Session and Regular Meeting
July 12, 2016
VI. ROLL CALL
Present: Council Member Peotter, Council Member Selich, Council Member Curry, Council Member
Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Excused: Council Member Duffield
VII. PLEDGE OF ALLEGIANCE -Council Member Petros
VII. INVOCATION -Council Member Curry
IX. NOTICE TO THE PUBLIC
X. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS)
Mayor Pro Tem Muldoon recounted inaccurate commentary regarding the Civic Center audit and asked
the amount authorized and spent. City Attorney Harp reported $352,920 was authorized and the actual
cost billed to date was $260,000.
Mayor Dixon thanked the community members, volunteers and staff for the 4th of July celebrations.
She announced the Aging and Arts photography display, Read to Win summer reading program, and
Concert on the Green starting July 31, 2016. She discussed the Ben Carlson statue unveiling.
XI. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XII. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the June 28, 2016 Study Session and Regular Meeting [100-20161
Waive reading of subject minutes, approve as amended, 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 [100-20161
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.
4. Introduction of an Ordinance to Amend the Stakeholder Business Structure and Annual
Assessments Levied for the Newport Beach Restaurant Association Business
Improvement District [100-20161
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
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Study Session and Regular Meeting
July 12, 2016
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
Corona del Mar Entry Improvements - Notice of Completion of Contract No. 6382 (151,12)
[38/100-2016]
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
(C-8108-1) [38/100-2016]
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) 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 (C-4852), Acceptance of Funds and Budget Amendment No.
17BA-003 for the OASIS Transportation Program [38/100-2016]
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) 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.
MISCELLANEOUS
8. Planning Commission Agenda for the July 11, 2016 Meeting [100-2016]
Receive and file.
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City of Newport Beach
Study Session and Regular Meeting
July 12, 2016
9. Confirmation of Voting Delegate and Alternate for the 2016 League of California Cities
Annual Conference - October 5, 2016 to October 7, 2016 [100-20161
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.
Motion by Mayor Pro Tem Muldoon, seconded by Council Member Peotter, to approve the
Consent Calendar.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Selich, Council Member Curry, Council Member
Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Duffield
XIII. ITEM REMOVED FROM THE CONSENT CALENDAR - None
XIV. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Susan Halton expressed concerns regarding safety when exiting Private Road. She suggested installing
a flashing yellow beacon to encourage reduced speed. Public Works Director Webb stated staff was
reviewing the matter.
Jim Mosher indicated he lives on Private Road and concurred with Ms. Halton's comments. He
suggested a mirror be installed.
Hart Wurner expressed concern about his patio encroaching into public right-of-way. He requested the
City consider grandfathering the entire 100 block of Grand Canal.
Council Member Selich stated he had been having discussions with Mr. Wurner.
Public Works Director Webb stated the matter would be presented to the City Council in August
XV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES- None
XVI. PUBLIC HEARINGS
10. Resolution to Declare a Level Two Water Supply Shortage [100-20161
Municipal Operations Director Murdoch provided the staff report.
Mayor Dixon opened the public hearing.
Jim Mosher believed the City was relaxing restrictions. He discussed the 2015 Urban Water
Management Plan, and believed conservation was wise and merited.
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July 12, 2016
XVII.
Hearing no further testimony, Mayor Dixon closed the public hearing.
In response to Council Member Peotter's questions, Municipal Operations Director Murdoch
discussed the need to continue conservation and the benefits of some developments. He emphasized
it was prudent to continue to conserve. Council Member Peotter stated he understood the
frustrations with water savers versus development.
Motion by Council Member Curry, seconded by Council Member Petros, to 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. 2016-87, 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 c) direct the City Clerk to publish
Resolution No. 2016-87 within (10) ten days of adoption.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Selich, Council Member Curry, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Duffield
11. Introduction of an Ordinance to Waive Past Due Assessments and Associated Penalties
for the Newport Beach Restaurant Association Business Improvement District [100-2016]
City Manager Kiff recommended the public hearing be continued
Motion by Mavor Pro Tem Muldoon, seconded by Council Member Peotter, to continue the
item to the August 9, 2016 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Selich, Council Member Curry, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Duffield
12. Irvine Avenue Pavement and Median Rehabilitation — Award of Contract No. 5869
(151116) [381100-20161
Deputy Public Works Director Vukojevic presented a PowerPoint presentation, depicting existing
median landscaping, pavement and median rehabilitation, proposed plant palette, and project
schedule.
Council Member Peotter indicated support for the project.
Mel Beale discussed the importance of the visual appearance of the area and encouraged retaining
the City's standards.
Don Webb stated the project was a good investment and encouraged proceeding with the project
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Study Session and Regular Meeting
July 12, 2016
Michael McClellan agreed with Mr. Webb. He noted the City Council's fiscal conservancy, but
urged proceeding with the project.
Tom Newmeyer indicated support for the project.
Council Member Petros discussed an incident with the pavement hitting his vehicle. He stated
Irvine Avenue is a high volume path for traffic coming into the City, remarked this gateway needed
to be improved, and indicated support for the project.
Mayor Pro Tem Muldoon stated he had been persuaded to proceed with the project.
Motion by Council Member Petros, seconded by Council Member Curry, to 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.
Mayor Dixon indicated support for the project.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Selich, Council Member Curry, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Absent: Council Member Duffield
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT - Adjourned at 7:50 p.m. in memory of Marian Bergeson and Milan Dostal
The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
July 7, 2016, at 4:00 p.m.
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