HomeMy WebLinkAbout0 - AgendaCITY OF NEWPORT BEACH
CITY COUNCIL AGENDA
CITY COUNCIL STUDY SESSION
AND
REGULAR MEETING
April 22, 2014
CITY COUNCIL CHAMBERS - 100 CIVIC CENTER DRIVE, NEWPORT BEACH
STUDY SESSION - 5:00 P.M. /CLOSED SESSION - AFTER STUDY SESSION/
REGULAR MEETING - 7:00 PM
RUSH N. HILL, II
Mayor
EDWARD D. SELICH
Mayor Pro Tern
TONY PETROS
Council Member
NANCY GARDNER
Council Member
MICHAEL F. HENN
Council Member
LESLIE J. DAIGLE
Council Member
KEITH D. CURRY
Council Member
DAVE KIFF - City Manager
AARON HARP - City Attorney
LEILANI BROWN - City Clerk
STEPHEN BADUM - Assistant City Manager
TERRI CASSIDY - Deputy City Manager /Human Resources Director
NOTICE TO THE PUBLIC
The City provides a yellow sign -in card for those wishing to address the City 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 City Council. If you
do fill out the card, please place it in the box at the podium.
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.
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) except in the
months of August and Decemberwhen there is one regular meeting. 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:/hvww.newportbeachca.gov/CouncliAgendas.
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 @newportbeachca.gov ).
NEWPORT BEACH CITY COUNCIL AGENDA
CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE, NEWPORT BEACH
April 22, 2014
STUDY SESSION - 5:00 P.M.ICLOSED SESSION - AFTER STUDY SESSION/
REGULAR MEETING - 7:00 PM
I. ROLL CALL
5:00 P.M.
II. 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 Study Session, Closed Session and Regular Meeting 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. As a courtesy, please turn cell phones off or set them in the silent mode.
III. STUDY SESSION
SS1. Clarification of Items on the Consent Calendar (5:00 p.m.)
SS2. Landscape Concept for Dover Drive Median Rehabilitation (5:05 p.m.)
Public Works staff and the Project Consultant (Nuvis) will present design ideas to revitalize the
landscaping and irrigation within the medians (middle of the street) along Dover Drive as part of the
upcoming Street Pavement Rehabilitation Project on Dover Drive between West Coast Highway and
Irvine Avenue, and Westcliff between Dover Drive and Irvine Avenue.
SS3. Records Retention Schedules (5:30 p.m.)
Discuss and provide direction to staff regarding the proposed amendments to the Records Retention
Schedule.
IV. CLOSED SESSION
AFTER STUDY SESSION - COUNCIL CONFERENCE ROOM
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).
V. RECESS
VI. RECONVENE AT 7:00 P.M. FOR REGULAR MEETING
VII. ROLL CALL
VIII. CLOSED SESSION REPORT
IX. PLEDGE OF ALLEGIANCE
X. INVOCATION
Father Kerry Beaulieu, Our Lady Queen of Angels Church
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XI. PRESENTATION(S)
National "Donate Life" Month
Relay for Life, Newport Beach
Wildlife Awareness Week
PulsePoint Program Rollout and Installation of Civic Center Automated External Defibrillators
XII. 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.
XIII. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE
PLACED ON A FUTURE AGENDA (NON- DISCUSSION ITEM)
XIV. PUBLIC COMMENTS ON CONSENT CALENDAR
Public comments are invited on CONSENT CALENDAR. Speakers must limit comments to three (3)
minutes. Before speaking, please state your name for the record. To the extent that 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.
XV. CONSENT CALENDAR
(ITEMS 1 - 14)
A. READING OF MINUTES AND ORDINANCES
1. Minutes for the April 8, 2014 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.
B. RESOLUTION(S) FOR ADOPTION
3. 191 Riverside Avenue Land Use and Zoning Designations Amendments (PA2013 -210)
Adopt Resolution No. 2014 -31 (Staff Report Attachment CC -1), A Resolution of the City Council of
the City of Newport Beach Denying Without Prejudice General Plan Amendment No. GP2013 -002,
Local Coastal Plan Amendment No. LC2013 -003, and Code Amendment No. CA2013 -007 for
Property Located at 191 Riverside Avenue (PA2013 -210), finding that the denial of an application is
not subject to the California Environmental Quality Act Guidelines pursuant to Section 15270 and
denying without prejudice General Plan Amendment No. GP2013 -002, Local Coastal Plan
Amendment No. LC2013 -003, and Code Amendment No. CA2013 -007.
C. CONTRACTS AND AGREEMENTS
4. Big Canyon Reservoir Floating Cover Replacement Project - Completion and Acceptance of
Contract No. 5027 (CAP12 -0035)
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
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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)
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.
6. San Miguel Park Restroom Building Replacement Project - Award of Contract No. 5541
(CAP14 -0005)
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)
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)
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)
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.
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
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
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
a) Confirm Mayor Rush Hill's appointment of Mayor Hill, Mayor Pro Tern 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
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
Review and file.
ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED.
XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR
XVII. 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.
XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
XIX. PUBLIC HEARING(S)
XX.
15. Community Development Block Grant, 2010 -2014 Consolidated Plan Substantial Amendment
a) Hold a public hearing to receive comments on the Draft 2010 -2014 Consolidated Plan Substantial
Amendment; and
b) Adopt Resolution No. 2014 -32 (Staff Report Attachment CC -1), A Resolution of the City Council of
the City of Newport Beach Approving a Substantial Amendment of the Community Development 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 (Staff Report Attachment CC -3),
and authorizing the submission of the Substantial Amendment to HUD.
16. Community Development Block Grant, Fiscal Year 2014 -2015 Action Plan
a) Hold a public hearing to receive comments on the Draft 2014 -2015 Action Plan; and
b) Adopt Resolution No. 2014 -33 (Staff Report Attachment CC -1), 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 2014 -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 (Staff Report Attachment CC -2), and authorizing
the City Manager to:
Submit the Action Plan to HUD;
Execute the FY 2014 -2015 CDBG Program Grant Agreement and all related documents on behalf
of the City;
Execute subrecipient agreements with the nonprofit organizations receiving allocations of CDBG
funds in the Action Plan; and Authorize the Community Development Director, or his /her designee
to be the official representative of the City of Newport Beach to submit required environmental
documentation for CDBG projects.
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.
XXI. ADJOURNMENT
In Memory of Ray Zartler
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