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HomeMy WebLinkAbout04/22/2014 - Regular Meeting1 1111 City Council Minutes Regular Meeting April 22, 2014 - 7:00 p.m. I. STUDY SESSION - 5:00 p.m. H. CLOSED SESSION - 5:48 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager; Negotiators, Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Lifeguard Management Association (NBLMA); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part - Time Employee Association of Newport Beach (PTEANB). III. RECESS IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING V. ROLL CALL Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tem Selich, Mayor Hill Absent: Council Member Daigle (excused) VI. CLOSED SESSION REPORT City Attorney Aaron Harp announced that no reportable actions were taken during Closed Session. VII. PLEDGE OF ALLEGIANCE - Council Member Selich VIII. INVOCATION - Father Kerry Beaulieu, Our Lady Queen of Angels Church IX. PRESENTATIONS National "Donate Life" Month - Mayor Hill presented Bridget Hood with a proclamation designating the month of April as "National Donate Life California" Month. Ms. Hood provided personal testimony about organ donation and thanked the City for the proclamation. Fire Captain Chad Ponegalek commented on the loss of Firefighter Kevin Pryor who passed away from a brain aneurism and donated eight of his organs. Volume 61 - Page 538 City of Newport Beach City Council Regular Meeting April 22, 2014 Dr. Rosemary O'Meeghan, Critical Care Physician at Hoag Hospital, commented on the benefits of transplantation, the importance of donor recognition, and the need for eye and tissue donors on a national basis. Additionally, she noted the importance of community support and urged everyone to register as an organ donor. Relay for Life, Newport Beach - Julie Elkins thanked the City and Council for its support of Relay for Life. She spoke on the affects of cancer and invited everyone to participate in the upcoming American Cancer Society, Relay for Life event from May 31, 2014 at 9:00 a.m. to June 1, 2014, at Newport Harbor High School. Mayor Hill reported that Council will have a team at the event and that the City will also have two additional teams. Wildfire Awareness Week - Mayor Hill presented Fire Chief Poster with a proclamation in recognition of Wildfire Awareness Week, May 4 through May 10, 2014. Fire Chief Poster expressed his appreciation and commented on the present drought and its toll on vegetation. He reported that a busy year is anticipated and thanked Council and the City for the recognition. In response to Council Member Gardner's question, Fire Chief Poster reported that there are no plans to close areas, but that those decisions will be made on an as- needed basis. PulsePoint Program Rollout and Installation of Civic Center Automated External Defibrillators - Fire Chief Poster provided details on the PulsePoint application rollout and installation of Automated External Defibrillators (AED) at the Civic Center. He reported on the PulsePoint application for smart phones that signal when someone nearby is having a cardiac arrest and those trained in CPR are able to assist the person at a moment's notice. Fire Assistant Chief Mtch provided details of the installation of AEDs at the Civic Center. He addressed Sudden Cardiac Arrest (SCA), noting that immediate CPR or defibrillation can make a significant difference in the outcome of people suffering such an event. He noted that, for every minute that passes without an SCA victim receiving resuscitation, their chances of surviving decreases by 10 %. He addressed key improvements in resuscitation techniques and noted that AED training is a core competency of CPR training. Additionally, he noted the locations of AEDs in the Civic Center and commented on the importance of PulsePoint which provides a critical link between public access AED and citizen CPR. In response to Council Member Gardner's inquiry, Fire Chief Poster reported that PulsePoint is now available. Council Member Petros commented on the importance of everyone having a CPR card and encouraged everyone to get CPR training. He provided personal testimony regarding his experience with cardiac arrest and noted he is still here because of the fast treatment he received. Additionally, he commented on the importance of exercise and a good diet in preventing cardiac episodes. X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM) Council Member Gardner announced the formation of a group for those interested in the cleanliness of the Harbor called Help Your Harbor which meets on the first Saturday of every month at 9:00 a.m. at the Balboa Bay Resort guest dock and provide information on how to pick up trash in the bay. Volume 61 - Page 539 City of Newport Beach City Council Regular Meeting April 22, 2014 Additionally, she reported that there is a group that is promoting a new type of water fountain that supports reusable water bottles to replace plastic water bottles at no cost to the City and asked the City Manager to bring the item back at the next Council meeting to determine whether Council supports placing the item on a future agenda. Council Member Henn indicated his support of Council Member Gardner's request on the reusable water bottles idea. He reported attending two candidate forums for the 74th Assembly District Race, adding that Council Member Curry is running for that seat, congratulated him for the success of the forums, and encouraged voters to educate themselves about the 74th Assembly Race. He also reported attending the dedication of a Tot Lot at Peninsula Point, noting that the project was four years in the making and thanked staff. He also stated that he attended the Newport/Ensenada Fiesta and invited everyone to attend the race kick -off on Friday, April 24, 2014, at the Balboa Pier with the first start taking place at 11:00 a.m. Council Member Henn spoke positively on a meeting with Southern California Edison (SCE) staff to deal with infrastructure decisions in the City. He announced that a meeting of the Tidelands Management Committee will be held on April 23, 2014, in the Community Room and listed matters included in the agenda for discussion; and announced that the Finance Committee will hold a meeting on April 29, 2014, in Conference Room 2E and listed items in the agenda for discussion. Council Member Curry indicated support for discussing reusable water bottles in the future. He reported attending the Taste of Balboa along with Council Member Henn, and stated he was impressed by the quality of restaurants that have come into the Balboa Village area and commended Council Member Henn for his efforts. Additionally, he announced the kick -off of the Newport Beach Film Festival on April 24, 2014, and encouraged residents to attend. Mayor Hill reported speaking with the Men's Group at St. Andrews Presbyterian Church. Additionally, he reported attending the Corona del Mar Town Hall meeting and commended Corona del Mar residents for coordinating the activities of the Business Improvement District and Homeowners Association. He encouraged a presentation at a future meeting from staff and the Police Department on the status of the coyote issue in the City. XII. PUBLIC COMMENTS ON CONSENT CALENDAR Council Member Curry noted that Council will be approving the construction of the long - delayed and needed restroom facilities at San Miguel Park (Item 6). City Manager Kiff reported that Council Member Gardner inquired on Item 14 (Quarterly Business Report) at the Study Session and referenced a 489% change mentioned in the report. He clarified that it should reflect a 489% decrease which involves the change in what the City spent in General Fund and Tidelands CIPs. Additionally, he recognized audience members from Newport Shores, reported that Item 9 (Semeniuk Slough Dredging Project) is staying on the Consent Calendar, and thanked them for attending. Jim Mosher commented on Item 14, noting that the Comprehensive Annual Financial Report provides the audited revenues and expenses for the City for the fiscal year that ended last June 30th and stated that it should be more widely known. XIII. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the April 8, 2014 Study Session and Regular Meeting 1100 -20141 Waive reading of subject minutes, approve as amended, and order filed. Volume 61 - Page 540 City of Newport Beach City Council Regular Meeting April 22, 2014 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. C. CONTRACTS AND AGREEMENTS 4. Big Canyon Reservoir Floating Cover Replacement Project - Completion and Acceptance of Contract No. 5027 (CAP12 -0035) [381100 -20141 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 this Council acceptance. 5. Miscellaneous Street Pavement Repairs - Award of Contract No. 5343 (CAP13 -0014) 1381100 -20141 a) Approve the project drawings and specifications; b) Award Contract No. 5343 to PALP, Inc. DBA Excel Paving Co. for the total bid price of $339,077.00 and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $35,000.00 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 14BA -041 transferring $43,000 from Account No. 7282- C2001009 to Account No. 7282- C2002047. Mayor Hill recused himself from this item since he owns property potentially within 500 -feet of the project property. 6. San Miguel Park Restroom Building Replacement Project - Award of Contract No. 5541 (CAP14 -0005) [381100 -20141 a) Approve the project plans and specifications; b) Award Contract No. 5541 to Big Ben, Inc. for the total bid price of $303,271.00, and authorize the Mayor and the City Clerk to execute the contract; and c) Establish an amount of $32,000.00 (approximately 10% of total bid) to cover the cost of unforeseen work. 7. Storm Drain Rehabilitation Project - Reject All Bids for Contract No. 5284 (CAP13- 0009) [381100 -20141 a) Reject all bids received on March 27, 2014, for Contract No. 5284; and b) Direct staff to redefine the contract scope of work and re- advertise the project for bids. 8. Ocean Piers Maintenance Project - Reject All Bids - Contract No. 5539 (CAP14 -0025) 1381100 -20141 a) Reject all bids received for Contract No. 5539; and b) Direct staff to review the project scope of work and re- advertise for bids. 9. Semeniuk Slough Dredging Project - Approval of a Professional Services Agreement with Noble Consultants, Inc. (CAP15 -0036) (C -5804) [381100 -20141 Approve a Professional Services Agreement with Noble Consultants, Inc., (Noble Consultants) of Irvine, California, to prepare a bathymetric survey, sediment toxicity analysis, feasibility plan, entitlement documents and construction documents for the dredging of Semeniuk Slough at a not to exceed cost of $243,296 and authorize the Mayor and City Clerk to execute the Agreement. Mayor Hill recused himself from this item since he owns property potentially within 500 feet of the project property. Volume 61 - Page 541 City of Newport Beach City Council Regular Meeting April 22, 2014 10. Approval of Amendment No. 4 to the Professional Services Agreement with Weston Solutions for the Newport Coast Area of Special Biological Significance (ASBS) Protection Implementation Program (C -4814) 1381100 -20141 Approve Amendment No. 4 to the Professional Services Agreement with Weston Solutions (Weston) of Carlsbad, California at a cost not to exceed $7,500.00, extend the term of the agreement to June 1, 2014, and authorize the Mayor and City Clerk to execute the Agreement. 11. Temporary Employment Agreement - Planner (C -5788) 1381100 -20141 Authorize the City Manager to execute the Temporary Employment Agreement with retired employee Kay Sims to fill the position of a planner until the regular employee returns from authorized leave. D. MISCELLANEOUS 12. Appointment by Mayor of Ad Hoc Appointments Committee to Review Applications and Make Recommendations to the Full Council for the Board and Commission Vacancies Scheduled to Occur on June 30, 2014 [100 -20141 a) Confirm Mayor Rush Hill's appointment of Mayor Hill, Mayor Pro Tem Selich, and Council Member Gardner to serve on the Ad Hoc Appointments Committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2014; and b) Direct the City Clerk to post and publish a Vacancy Notice requesting that applications be submitted by 1:00 p.m, on Wednesday, May 14, 2014; schedule confirmation of nominees to be made on June 10, 2014; and make appointments on June 24, 2014. 13. Direction to Staff on One Issue [100 -20141 Direct the City staff to return with a review and recommendations for change, if any, regarding the time window involved when an area has parking enforcement associated with street sweeping. 14. Quarterly Business Report - October through December 2013 [100 -20141 Review and file. Motion by Mayor Pro Tern Selich, seconded by Council Member Council Member Curry, to approve the Consent Calendar, except for the item removed (3); and noting Mayor Hill's recusals to Items 5 and 9. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tern Selich, Mayor Hill Absent: Council Member Daigle XIV. ITEM REMOVED FROM THE CONSENT CALENDAR 3. 191 Riverside Avenue Land Use and Zoning Designations Amendments (PA2013 -210) [100- 2014] Council Member Petros stated that, while he is still troubled by the application before Council on the General Plan amendment, he reported being approached by a new representative for the applicant who indicated that they would like to continue collaborating with the City on resolving the issues. He announced that he would like to continue the item to May 27, 2014, adding that the applicant has indicated they can achieve the goals set before them by that date. He listed elements that he would like to see when the item returns, including an understanding of disposition of the Volume 61 - Page 542 City of Newport Beach City Council Regular Meeting April 22, 2014 Post Office in its current or neighborly location, and a concept by the applicant as to what would happen to the property under the General Plan amendment request being put forward. Given that the concept would be presented, he would like City staff to evaluate it in terms of how close it resembles the intensities and densities of the General Plan amendment and zone change requested. He would also like staff to review what would be the maximums, review the CEQA findings, and confirm or modify any findings of the Negative Declaration relative to the General Plan amendment, in particular, the General Plan analysis of roadways in the area. He added that there is a marginal increase to the General Plan and he would like to know what the marginal increase does to the critical intersection of Riverside and Coast Highway. Additionally, he expressed concern regarding building heights, parking, and circulation, recognizing that those are project- specific items. Council Member Gardner commented on the amount of work involved and having the Post Office issue solved, adding that she would not want to put staff through the tasks if it is known that the application would be denied immediately. Council Member Petros reported that this is an application, presented by a private entity and that the applicant believes it can be accomplished by May 27 and that while he is unsure as to whether they can or not, if staff reports that the items have not been resolved by that time, another continuation may be appropriate. Community Development Director Brandt stated that, once staff reviews the new information, staff will be able to make the determination whether the matter can be presented to Council on May 27. Council may continue the matter to that date and, if a recommendation cannot be developed, she agreed that the matter could be continued again. If there is a substantial change to the findings or CEQA analysis, Council may consider sending it back to the Planning Commission. Motion by Council Member Petros, seconded by Council Member Henn to continue the item to the May 27, 2014 City Council meeting. Council Member Curry reported that the applicant still has a landlorditenant relationship with the Post Office. By not disapproving the item, there are procedural benefits to the applicant and stated that he hopes the applicant will spend the time talking with neighbors and affected businesses to find a plan that is consistent with neighboring businesses and residents before the matter returns to Council. Jim Mosher referenced written comments he submitted which urge Council to stay the course and keep the property zoned as a public facility. He added that he assumed the applicant knew what he was buying and what was on the property when it was purchased. Jeremy Mel expressed concerns that, if the zoning change is denied without prejudice, the actual change is subject to appeal and it would wear down the neighbors' ability to fight back and the reapplication would waste valuable Council and residents' time. He asked that, if the applicant is not able to present a decent proposal by May 27, Council consider denying the proposed amendment, with prejudice, so no more time or resources will be wasted on the issue. The motion carried by the following roll cal] vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tem Selich, Mayor Hill Absent: Council Member Daigle Volume 61 - Page 543 City of Newport Beach City Council Regular Meeting April 22, 2014 XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS (taken after Council Announcements) Without objection, this matter was heard prior to Item XII of the agenda. Jim Mosher commented on the release of the budget for the coming fiscal year and the Land Use Element amendment which will be on the November ballot. Regarding the Land Use Element amendment, he noted that the deadline for submitting comments on the related EIR is April 30, 2014, and that the item is typically reviewed by the Environmental Quality Affairs Committee (EQAC), as well as discussed during a Study Session before the Planning Commission. He added that, in this case, neither of those is being provided. He expressed concerns with having only one ballot question for proposed changes to different parts of the City. He referenced the Greenlight initiative which requires voter approval for each development. Gurpreet Singh Ahuja, M.D., Pediatric Ear, Nose and Throat Surgeon at CHOC and a Member of the Board of Directors at Orange County Human Relations Council (OCHRC), presented the annual report of the OCHRC, as well as an update of the organization's activities over the past year. He distributed copies of the report and addressed the development of guidelines that address civility in public forums, partnerships with cities, and activities and services related to Newport Beach. He presented Mayor Hill with a Certificate of Recognition and addressed the number of hate crimes in Orange County over the last few years. Shannon Rae commented on the importance of the local Post Office and thanked Council for their efforts in keeping it. Additionally, she reported that the City of Yorba Linda hired a coyote specialist to help with their coyote problem. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Henn reported on the recent Balboa Village Advisory Committee (BVAC) meeting and commented on items considered and discussed. Council Member Curry commented on his service as the President of the Association of California Cities in Orange County (ACC -OC) and announced passing the presidency of the organization to Frank Ury from Mission Viejo. Council Member Gardner stated that, as Chair of EQAC, she would like to call a meeting but noted that it meets only at the will of the Council and asked that staff put the matter on the agenda for Council's next meeting to determine Council's support. Mayor Pro Tom Selich reported that the Land Use Element Amendment Advisory Committee (LUEAAC) has completed its work but staff continues to make presentations on the Land Use Element. He added that Speak Up Newport will be having a program on May 14, 2014, where it will also be presented. The General Plan /Local Coastal Program Implementation Committee will meet on April 23, 2014, at 12:30 p.m. in the Newport Coast Meeting Room where it will be reviewing the Harbor regulations that may be included in the Local Coastal Implementation Plan. City Manager Kiff announced that the City is looking at two potential sites for the West Newport Community Center and that staff would like to hear what residents think. The first site is at the end of 16th Street, near Monrovia, and the other is at the corner of Superior and Coast Highway. He reported that there is a workshop planned for May 12, 2014, at 6:00 p.m. at the old City Council Chambers where residents can provide input. Additionally, residents may comment using a new interactive tool, Connect Newport Beach, that can be accessed from the City's website or they can call Assistant City Manager Badum at (949) 644 -3001. Volume 61 - Page 544 City of Newport Beach City Council Regular Meeting April 22, 2014 XVIL PUBLIC HEARINGS 15. Community Development Block Grant, 2010 -2014 Consolidated Plan Substantial Amendment [100 -20141 Community Development Director Brandt noted that Items 15 and 16 are related but distinctly different having to do with Community Development Block Grant (CDBG) funds that the City receives on an annual basis from the Department of Housing and Urban Development (HUD). She stated that the Consolidated Plan is a necessary document that the City has to prepare every five years and review on an annual basis to ensure it is keeping pace with the projections made within the document. She added that staff is recommending a substantial amendment to the document and that an LDM consultant is in attendance to provide a brief overview. Community Development Director Brandt reported that Item 16 is related to the service grant associated with the annual CDBG funds and discussed recommendations. Clint Whited, LDM Associates, reported that the substantial amendment is necessary to amend the five year goals to reflect performance through the first four years of the action plan. He addressed the development of the current five year goals and stated that performance is not necessarily in -line with the goals and in order to have the reports more readily accepted by HUD, and in turn accepted by Congress, he recommends an increase to five of the 12 goals, a decrease to six out of the 12 goals, and no change to one of the goals. He referenced a table in the staff report and offered to respond to questions. Mayor Hill opened the public hearing. There being no public testimony, he closed the public hearing. Motion by Council Member Henn, seconded by Council Member Currv, to adopt Resolution No. 2014 -32, A Resolution of the City Council of the City of Newport Beach Approving a Substantial Amendment of the Community Deuelopment Block Grant (CDBG) 2010 -2014 Consolidated Plan, finding the approval of the 2010 -2014 Consolidated Plan Substantial Amendment exempt from the National Environmental Policy Act and California Environmental Quality Act, and approving the Substantial Amendment, and authorizing the submission of the Substantial Amendment to HUD. The motion carried by the following roll call vote: Ayes: Council Member Gardner. Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tom Selich, Mayor Hill Absent: Council Member Daigle 16. Community Development Block Grant, Fiscal Year 2014 -2015 Action Plan (C -5805) [381100- 20141 Community Development Director Brandt introduced the item and deferred to the City's consultant Clint Whited, LDM Associates, for a report. Mr. Whited discussed background, funding availability, reaching out to non - profit organizations interested in applying for CDBG funds, applications submitted by the non - profit organizations, and staff recommendations for funding for seven of the 11 applications submitted, as well as for an installment payment of the Section 108 loan used for pedestrian improvements in Balboa Village and program administration. Volume 61 - Page 545 City of Newport Beach City Council Regular Meeting April 22, 2014 In response to Council Member Gardner's question, Mr. Whited confirmed that the non - allocated money for Capital Improvement Projects (CIP's) must be used for CIP's and cannot be shifted to something else. In response to Council Member Henn's question regarding the loan, Mr. Whited reported that the City is currently not at the last installment of the loan and that is about eight years out. He added that the General Fund is not impacted by the loan. Council Member Curry noted that, while the CDBG program has built into it a fair amount of overhead and process requirements, it is the way the City funds very important public services, including the home- delivered meals program, youth employment, and social services. Council Member Gardner commented that, although she initially believed that the administrative costs were high, she recognized the work needed to administer all the programs, especially dealing with the paperwork. Mayor Hill opened the public hearing. Jillian Miller, Families Forward, thanked the City and Council for supporting the organization and reported that this year, the funds will be used for transitional housing programs for extremely -low and low- income families. She noted that the services are extremely important and reported that during the last fiscal year, 100% of the families in the program are re- established and on their feet. She reported on awards received by the organization and thanked donors and volunteers. She announced that a Community Resource Fair will be held on May 3, 2014, at Irvine Valley College. Hearing no further testimony, Mayor Hill closed the public hearing. Motion by Council Member Henn, seconded by Council Member Gardner, to adopt Resolution No. 2014 -33, A Resolution of the City Council of the City of Newport Beach Approving the Annual Action Plan which is Part of the Consolidated Plan, and the Projected Use of Community Development Block Grant (CDBG) for FY 8014 -2015, and Superseding All Previous Resolutions which are Inconsistent Therewith (PA2010 -071), finding the adoption of the 2014 -2015 Action Plan exempt from the National Environmental Policy Act and California Environmental Quality Act, and adopting the 2014 -2015 Action Plan, and authorizing the City Manager to a) submit the Action Plan to HUD; b) execute the FY 2014 -2015 CDBG Program Grant Agreement and all related documents on behalf of the City; and c) execute subrecipient agreements with the nonprofit organizations receiving allocations of CDBG funds in the Action Plan, and authorize the Community Development Director, or her designee to be the official representative of the City of Newport Beach to submit required environmental documentation for CDBG projects. The motion carried by the following roll call vote: Ayes: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tom Selich, Mayor Hill Absent: Council Member Daigle XVIII. MOTION FOR RECONSIDERATION - None Volume 61 - Page 546 City of Newport Beach City Council Regular Meeting April 22, 2014 XIX. ADJOURNMENT- Adjourned at 8:21 p.m. in memory of Ray Zartler The agenda for the Regular Meeting was posted on the City's website, on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive, and in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive on April 17, 2014, at 4:00 p.m. 40 n/ �� City Clerk V A6 tov Recording Secretary \ `/ e Mayor ' Volume 61 - Page 547