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HomeMy WebLinkAbout01 - MinutesMay 13, 2014 Agenda Item No. 1. CITY OF NEWPORT BEACH City Council Minutes Study Session April 22, 2014 - 5:00 p.m. I. 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) II. PUBLIC COMMENTS Jim Mosher commented on the number of different fees within the City's Master Fee Schedule and believed that, like the Records Retention Schedules, the document is disorganized. He took issue that the City is renting the old City Council Chambers as a worship site, and voiced concerns regarding the relationship between church and State. He questioned if the City is subsidizing the growth of that group by offering them a place of worship at less than the City's cost and such subsidy is prohibited by the State Constitution. For each room rented, staff has proposed seven different rates for different kinds of groups, even though the Municipal Code requires that all rentals cover 50% of the City's cost. He added that the new Community Room has been rented without a Council- approved rate. Council Member Curry commented on the proliferation of bars on the Peninsula and people congregating in front of houses and smoking, which affect the area and property values. He commented positively on the facility rental for use by a church, noting it enhances the quality of life for everyone. He reported that the building has been abandoned and the group cleaned it for free, that it would otherwise remain unused and added that he believes they are doing a great service for the community. He believed that Mr. Mosher's comments are misplaced. Council Member Henn stated that he does not care about what is being charged for that specific facility and agreed with Council Member Curry's comments. Council Member Gardner stated that her only concern is consistency in the fees charged. Council Member Curry agreed. III. STUDY SESSION SSL Clarification of Items on the Consent Calendar Council Member Gardner referenced Item 6 (San Miguel Park Restroom Building Replacement Project) and hoped that staff will take the opportunity surfaces for good water- management practices. She referenced Item Report), noting all expenses are decreases except the last line that 489 %. City Manager Kiff stated he will have staff look into the matter. Volume 61 - Page 534 to use more permeable 14 (Quarterly Business indicates an increase of 0 City of Newport Beach City Council Study Session April 22, 2014 SS2. Landscape Concept for Dover Drive Median Rehabilitation [100 -20141 Public Works Director Webb provided a brief background and deferred to staff for a report. Assistant City Engineer Sinacori presented information regarding the Dover Drive sewer replacement project and addressed the schedule, unexpected issues encountered, expected project completion, road closures, and the collaboration with the Orange County Sanitation District (OCSD). Assistant City Engineer Sinacori reported that OCSD will be invited to provide an update at a future Council meeting. He addressed suggested detours, completed sections of the project, and OCSD's responsibility to cooperate with the City. He introduced consultants Dave Grantham from Civil Works Engineers and Tomas Munoz from Nuvis. Dave Grantham provided a PowerPoint presentation, addressing location, project objectives, project improvements, median landscape area comparison, median landscape layout, and proposed landscaping theme. Brief discussion followed regarding the Irvine Avenue theme. Mr. Grantham addressed proposed median trees, typical median layout, and typical plants. In response to Mayor Pro Tem Selich's inquiry regarding any considerations on the future access to Lower Castaways, Public Works Director Webb stated that staff reviewed the matter and discussed the possibility of having a left -turn. He added there is no way to place a median opening in that location. Council Member Petros stated that he is pleased with removing some of the concrete off the islands and plant. He is concerned that it is not something that disrupts the natural setting that is already there but that blends in with it. Members of Council commented positively on the concepts. Jim Mosher noted that OCSD has a portable trailer with a sign at the intersection of Irvine Avenue and Highland displaying the Dover Drive closure. He reported that the trailer is on the Costa Mesa side of the street but is completely blocking the southbound bike lane and suggested that it be placed in the median. He believed that replacing the eucalyptus trees on Irvine Avenue with palm trees is not an improvement and indicated that he was pleased to learn that the pine trees are going to be retained. SS3. Records Retention Schedules [100 -20141 City Clerk Brown provided a PowerPoint presentation to discuss the report, provide a brief history of the Records Retention Schedules (Schedules), and highlight what has not changed and proposed changes. Council Member Henn stated that there has been implication that staff has changed Council Policy to reduce the amount of records that have been retained and requested clarification. City Clerk Brown reported that in practice there were inconsistencies with current Council Policies so the Schedules were amended to follow Council Policies and State law. She added that in this regard, nothing has changed since 2011. She reported that individual departments were not completely following the Schedules and were keeping some of their audio recordings online. City Attorney Harp added that the Policy did not change, but rather how it was being implemented by the different departments. Volume 61 - Page 535 9 City of Newport Beach City Council Study Session April 22, 2014 In response to Council Member Gardner's question regarding retention of audio tapes for 30- days versus one year, City Clerk Brown indicated the limit can be changed if directed by Council, but that one year would be the longest time recommended. Council Member Gardner expressed concerns regarding future changes and amendments by the City Clerk and City Manager and suggested involving the City Attorney. In terms of things that the public is most concerned with, she wondered if it is a good idea to have the City Clerk and City Manager change the Schedules. City Clerk Brown clarified that this would relate to new laws and items needing to be changed for consistency. She added that such items could be brought before Council. Council Member Gardner indicated she would be interested in looking at the language and ensuring that everyone feels comfortable that there is not a clashing between City Administration and City Council. Council Member Henn suggested making it clear in the language that staff does not have the authority to reduce the retention of records or eliminate any line item. Further, that staff's amendment authority is to add records or assure compliance with State law changes. For these items, he recommended providing a listing to Council as a "receive and file" item. Mayor Pro Tem Selich expressed concerns regarding retaining audio recordings for a longer period of time; however, after discussions with the City Manager and City Attorney, he agrees with staffs recommendation. Discussion followed regarding the length of time to retain audio recordings and the possibility of retaining them longer than 30 -days. Council Member Curry noted that audio recordings are kept until minutes are produced and stated that he has never gone back and listened to an audio recording of a committee meeting. City Manager Kif£ pointed out that not all meetings are recorded, such as the Aviation Committee. He noted that the recommendation for meetings that are recorded is to retain them for one year. Ensuing discussion pertained to meetings that are recorded. City Manager Kiff emphasized that the minutes, as adopted, are the official transcripts of meetings. Council Member Henn commented on the variation in minute - taking styles and expressed support for retaining audio recordings for one year. Jim Mosher commented on the City of Bell and the importance of retaining enough records to be able to piece together what goes wrong. He stated that California law prohibits the destruction of the people's records without authorization from Council, and noted that current and retained records is the key to transparency. He commented on the copyrighted of the Schedules by an outside consultant, pointed out that the Schedule indicates when records can be destroyed but does not authorize the destruction, and commented on the cost of electronic storage. City Attorney Harp announced that Council will adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the title. Volume 61 - Page 536 10 City of Newport Beach City Council Study Session April 22, 2014 IV. ADJOURNMENT - 5:48 p.m. The agenda for the Study Session 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. City Clerk Recording Secretary Volume 61 - Page 537 11 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 22, 2014 - 7:00 p.m. I. STUDY SESSION - 5:00 p.m. II. CLOSED SESSION - 5:45 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 (LABEL); 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 &W V 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 111*4 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 12 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 Kitch 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 13 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 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. MI. 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 Kif£ 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 OFMINUTES AND ORDINANCES 1. Minutes for the April 8, 2014 Study Session and Regular Meeting [100-20141 Waive reading of subject minutes, approve as amended, and order filed. Volume 61 - Page 540 14 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 -2014] 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) [381100 -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) [38/100 -2014] 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) [381100 -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 15 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) [381100 -2014] 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) [381100 -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 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 [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 1100 -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 Tem 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- 20141 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 16 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 landlord /tenant 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 reapplications 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 call 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 17 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 (ACCOC) 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 Tern 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 18 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 Curry, 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 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, 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 Tern Selich, Mayor Hill Absent: Council Member Daigle 16. Community Development Block Grant, Fiscal Year 2014 -2015 Action Plan (C -5805) [38.1100- 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 19 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 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, 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 Tern Selich, Mayor Hill Absent: Council Member Daigle XVIII. MOTION FOR RECONSIDERATION - None Volume 61 - Page 546 20 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. City Clerk Recording Secretary Volume 61- Page 647 21