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HomeMy WebLinkAbout01 - MinutesAugust 11, 2015 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting July 28, 2015 I. ROLL CALL - 4:00 p.m. Present: Council Member Peotter, Council Member Peirce, Council Member Duffield, Council Member Muldoon, Mayor Pro Tern Dixon, Mayor Selich Excused: Council Member Curry II. SSl. Clarification of Items on the Consent Calendar -None SS2. Presentation Regarding New Information Issued with Demolition Permits Regarding Protection of Nesting Birds [100 -20151 Deputy Community Development Director Wisneski utilized a PowerPoint presentation and emphasized the City's commitment to the protection of nesting birds by increasing community awareness about migration. Parks and Trees Superintendent Serena provided a PowerPoint presentation to discuss the Migratory Bird Treaty Act (MBTA), efforts to protect birds, qualifications of staff and contractors, and standards. Regarding the recent incident involving nesting birds, Council Member Petros pointed out that the offense was conducted by a private contractor working on private property. He noted that, if someone is intent on breaking the law, they will do so. He applauded staff and City contractor efforts, but questioned what more could be done to prevent such incidences from occurring again. In response to Mayor Pro Tem Dixon's questions, Deputy Community Development Director Wisneski reported that the Demolition Permit does not require identifying the existence of trees nor does it include Federal laws related to birds. However, she indicated that a flyer is distributed with the Demolition Permit and that discusses the need to comply with all State and Federal laws. Shelly Irvin commented positively on the work that has been done to increase awareness, but expressed concern that there is nothing specific that will keep the recent incident on the Peninsula from happening again. She stated that she has spoken with bird advocates throughout the country and discovered that this happens frequently. She noted that Newport Beach is the only city in Orange County that donates to wetlands and wildlife. She believed that more needs to be done and suggested that Council consider establishing wildlife neighborhood watches. Mayor Pro Tern Dixon agreed with Ms. Irvin's suggestion and encouraged residents to expand their watchful eyes to protecting wildlife in the City. Volume 62 - Page 403 City of Newport Beach Study Session and Regular Meeting July 28, 2015 SS3. Blackball Regulations Review /100 -20151 Assistant Fire Chief Williams provided a PowerPoint presentation to review the City's current Blackball regulations, address the purpose of the working group, provide a brief history of the issue, and discuss the recommendations. Lifeguard Battalion Chief Halphide addressed the data collected. Council Member Petros requested that staff use the same metric when outlining the dates where staff recommends changes. He expressed disappointment relative to the data collection, believing that, when data is trending, it should be followed through until the trend falls off or changes. Mayor Pro Tem Dixon concurred with Council Member Petros' comments, especially since many swimmers go into the water after 5:00 p.m. She received clarification that surfing is prohibited between 40th Street and 44th Street, and expressed concern that the current regulations are not being followed. Dave Bent reported that he body boards and believed that body boarders are at a disadvantage when competing for waves with surfers. He expressed support for maintaining the current Blackball regulations and asked that Council continue to keep a small area of the beach open for non - surfers. Darryl Cazares reported that he is a boogie boarder and spoke relative to the importance of safety. He indicated that surfers do not always abide by the Blackball rules and suggested stronger policing of the area. Kevin Murphy distributed a handout and believed that surfers dominate the water 3,730 hours out of the year and swimmers, including body surfers and boogie boarders, only get 356 hours out of the year. He spoke in opposition to reducing the Blackball hours. He commented on a recent incident where 20 surfers went out during Blackball hours and urged Council to define the law and enforce it. T.K, Brimer, Frog House Surf Shop, noted that he has never sent anyone to the hospital because of his surfing, personally makes 6 to 12 lifesaving rescues a year in Newport Beach, and has had many lifeguards thank him for doing so. He believed that surfers look out for each other, as well as other beachgoers, and expressed concern that there are no exclusive areas for surfers to use all day. He listed other cities that have all -day surfing areas and suggested that Council consider the large number of people that visit the beaches. Brent Ranek, former lifeguard, noted that Lifeguard Tower 71 North never closes to surfing. He believed that body boarders and swimmers do not mix, a majority of the people do not surf, compliance with Blackball rules is very low, and noted the need for consistency. He expressed concerns relative to liability if the City does not Blackball and increased altercations, and believed that surfers get more than their share of time. Jeff Bertuleit believed that people do not respect lifeguards or the Blackball regulations. He requested that Council stay the course and maintain the existing Blackball rules. Chris Krajala expressed concern that people are painting surfers in the wrong light, believed that the best time to surf is early in the morning, noted that Huntington Beach is open all the time to surfers and there are no complaints from beachgoers, and noted that Volume 62 - Page 404 City of Newport Beach Study Session and Regular Meeting July 28, 2015 surfers are usually farther out from the shore. He took issue that there is a tendency to curtail people's freedoms and commended the working group for developing a compromise. He pointed out that the area between 40th Street and 44th Street has the best waves and urged Council to consider adopting some of the recommendations. Stephen Jeramias thanked City lifeguards for their service. He believed that the current policy has been working well and that the safety concern is not as big as others report. He spoke in support of Recommendation No. 3 to prohibit surfing in the area between the midline of the rock groins located on the prolongation of 40th Street and 44th Street from 10:00 a.m. to 5:00 p.m, daily, from the Saturday before Memorial Day through Labor Day. He stated that children do not have a place to learn about and practice surfing since Blackball hours prohibit them from doing so and asked Council to keep surf camp and other activities in mind when enforcing Blackball regulations. Additionally, he requested that Council consider studying the possibility of creating a designated surf zone. Dan Cohen asked that Council not change the regulation between 40th and 44th Streets. Jim Miller referenced Resolution No. 95 -116 and expressed support of the resolution on behalf of the West Newport Beach Association and the Newport Island Association. He indicated that the Associations request that the current Blackball policies be maintained since they have worked for over 20 years. s Jason Harney commented on his experience as a body surfer on City beaches, indicated that he is a member of the Wedge Preservation Society, urged Council to keep the Blackball regulations as they currently exist between 40th and 441h Streets, and requested that the City designate an area just for surfing. Steven Davenport commended City lifeguards and urged Council to keep the current regulations for the 40th Street to 44th Street area. Georgia Sinacori and Ryan Chalupnik spoke in support of the proposed changes to the Blackball rules. They suggested not Blackballing until 10:00 a.m. and lifting the Blackball regulations at 5:00 p.m. Tim Burnham, Wedge Preservation Society, commented on consideration of Blackballing at the Wedge and actions taken by the Parks, Beaches and Recreation (PB &R) Commission relative to Cylinders. He believed that the proposed changes are ambiguous and inconsistent, and posed safety issues. He indicated that there was no opportunity for public comment at the PB &R Commission meeting regarding this topic. He suggested leaving the current Blackball area and regulations as they currently exist. Bob Caustin, speaking on behalf of himself and Defend the Bay, distributed a handout and expressed support for maintaining the regulations from 40th to 44th Streets since it only consists of 800 -feet out of the eight miles of beach. He asked if the City has the right to restrict beach access without Coastal Commission review and approval, and spoke in opposition to rescinding the existing regulations. Robert Keep commented on the lack of use of Cylinders by surfers and asked that it be opened to boogie boarders. Regarding Recommendation No. 4 to adjust the location defining the area known as the Wedge to 20 -feet from the West Jetty of the Newport Harbor entrance channel to 600 -feet northwest along the mean high tideline, Josh Yocam spoke in opposition to changing the distance at the Wedge, questioned why the City would want to open the Wedge to more Volume 62 - Page 405 City of Newport Beach Study Session and Regular Meeting July 28, 2015 people, and believed that the area is a safety hazard. He urged Council to maintain the status quo and limit the amount of people at the Wedge. In response to Council Member Muldoon's question regarding Recommendation No. 2 to adjust the distances of surfing Area 3 in "Little Corona" to be defined by the area of ocean between the prolongations of Poppy Avenue and Cameo Shores Road, Assistant Fire Chief Williams explained that the regulation includes Crystal Cove, but that the City has no jurisdiction over it since it is part of the State Park system. Council Member Duffield reported that early morning is the best time to surf and commented on the conditions at the Wedge. He suggested stepping back until better facts are known and expressed support for leaving the Blackball regulations the way they are. In response to Mayor Pro Tem Dixon's question regarding the conditions under which Blackball is implemented, Assistant Fire Chief Williams referenced a City policy in which the Blackball regulation is based on the number of beach users. He reported that skim boarding has increased in popularity over the years and noted that there are a lot of skim boarders at the Wedge. Mayor Pro Tem Dixon noted that the existing regulations seem to be working, except between May 1 and October 31 when surfing is prohibited between 40th Street and 44th Street. Assistant Fire Chief Williams addressed lifeguard and patrol vehicle staffing, as well as enforcement. Mayor Pro Tem Dixon stressed safety and asked about opening up Cylinders. She expressed support for keeping Blackball regulations as they are. Council Member Muldoon spoke in support of Recommendation No. 1 to allow the supervising Marine Operations Watch Commander, or designee, to Blackball Surfing Area No. 1, No. 2, or No. 3 when an unsafe condition exists, and Recommendation No. 2 to adjust the distances of surfing Area 3 in "Little Corona" to be defined by the area of ocean between the prolongations of Poppy Avenue and Cameo Shores Road; however, expressed opposition to Recommendation No. 3 to prohibit surfing in the area between the midline of the rock groins located on the prolongation of 40th Street and 44th Street from 10:00 a.m. to 5:00 p.m. daily, from the Saturday before Memorial Day through Labor Day, and Recommendation No. 4 to adjust the location defining the area known as the Wedge to 20 -feet from the West Jetty of the Newport Harbor entrance channel to 600 -feet northwest along the mean high tideline. Council Member Petros commented on placing a lifeguard tower in a location where the lifeguard cannot see the waterline. Assistant Fire Chief Williams reported that lifeguards can see the waterline from all of the towers, depending on the number of people using the beach. Council Member Petros agreed that if it is not broken it does not need to be fixed and expressed opposition to Recommendation No. 3. Council Member Peotter expressed support for all the recommendations. Mayor Selich expressed support for Recommendation No. 2, but not Recommendation No. 3. He added that Recommendation Nos. 1 and 4 can be either changed or not. Volume 62 - Page 406 City of Newport Beach Study Session and Regular Meeting July 28, 2015 City Manager Kiff stated the matter will be brought back for Council consideration at a future meeting that will support Recommendation Nos. 1 and 2. He indicated that Recommendation Nos. 3 and 4 will not be coming back to Council. III. PUBLIC COMMENTS - None City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. City Attorney Harp also announced that Council Member Peotter recused himself on one of the items of litigation (Item IV.B) because of the possible effect of the matter on his personal finances. IV. CLOSED SESSION - 5:28 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager, Terri Cassidy, Deputy City Manager and Jonathan Holtzman, Labor Negotiator; 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 (NBP.M.A); Newport Beach Professional and Technical Employee Association (NBPTEA); and Part -Time Employee Association of Newport Beach (PTEANB). B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION (Government Code § 54956.9(d)(4)): 2 matters C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code § 54956.9(a), (d)(1)): 1 matter Pacific Shores Properties, LLC, et al. v. City of Newport Beach Newport Coast Recovery, LLC, et al. v. City of Newport Beach United States District Court, Central District Case Nos. CV 08- 00457 -JVS (RNBx) & CV 09- 00701-JVX (RNBx) United States Court of Appeals, 9th Circuit Case Nos. 11 -55460 & 11 -55461 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Excused: Council Member Curry VIII. CLOSED SESSION REPORT - None Volume 62 - Page 407 City of Newport Beach Study Session and Regular Meeting July 28, 2015 IX. PLEDGE OF ALLEGIANCE — Mayor Pro Tern Dixon X. INVOCATION - Reverend Canon Cindy Evans Voorhees, St. James the Great Episcopal Church M. NOTICE TO THE PUBLIC MI. CITY COUNCIL ANNOUNCEMENTS (NON- DISCUSSION ITEMS) Council Member Peotter reported that, on June 11, 2015, he spoke at a meeting hosted by the Newport -Mesa Tea Party about issues in Newport Beach. He stated that he made some comments about a potential settlement agreement with a residential care facility operator and apologized to Council and the public regarding his comments. He added that he also made comments regarding residential care facilities and their impacts on neighborhoods due to improper management. He clarified that his comments were in reference to a hypothetical situation and acknowledged the benefits of such facilities in the community. He apologized for his comments and noted that it was not his intent to speak against how people are treated in residential care facilities. Council Member Petros commented on the Dover Drive Reconstruction Project, noting that it will experience a lane closure in the southbound direction to allow for the City's contractor to build curbs and gutters and install medians. He urged residents to be patient during the project and commended Public Works Director Webb for accelerating the project. Mayor Pro Tern Dixon discussed Monster Mile Week when the Newport Beach Junior Lifeguard Program will put on a parade on July 30, 2015, at 10:00 a.m. at Balboa Peninsula Park, and will run one mile and swim one mile at 11:00 a.m. She encouraged the community to attend and support the group. Council Member Duffield announced that Castaways Park has a kayak launch and provided an update on the installation of signage and public restrooms at the park. Mayor Selich reported attending the ribbon cutting of the new Orange County Fairgrounds Amphitheater entry. He announced attending the Special Olympics World Games Torch Run, welcoming Olympic teams from Mexico and Fiji, and participating in an ExplorOcean/Balboa Park event with 500 athletes from the USA Special Olympics team. He also announced that he attended the Newport Banning Land Trust picnic and a Town Hall meeting on Balboa Island where the status of the Park Avenue Bridge and seawalls was discussed. He announced that the Junior Lifeguard Program and the Recreation Department are conducting low -cost cardiac screenings on July 31, 2015, from 12:00 p.m. to 4:30 p.m. in the Civic Center Community Room. Appointments can be made at heartfeltcardiacprojects.org. Mayor Selich requested placing an item relative to a sea -level rise policy on a future Council agenda. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Review of Council Policy A -12 (Council Discretionary Grants) Council Review of the Timing and Scope of Work Associated with any Proposed Update of the City's Urban Water Management Plan to Ensure that Water Sources Such as New Opportunities for Reclaimed Water are Appropriately Addressed. Volume 62 - Page 408 City of Newport Beach Study Session and Regular Meeting July 28, 2015 • Items requested by Council Member Curry at the July 14, 2015 City Council Meeting. Motion by Council Member Petros, seconded by Mayor Pro Tem Dixon, to direct staff to bring all three items back for Council consideration at the August 11, 2015 City Council meeting. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tom Dixon, Mayor Selich Absent: Council Member Curry XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Mayor Selich announced the placement of Item 17 (Special Event Support Funding Recommendations) on the Consent Calendar, pursuant to Council Policy A -6, and recommended continuation of the item. City Manager Kiff requested that Item 8 (Plan Review Services) and Item 10 (School Resource Officer Program Agreement) be continued. !'1whaw Council Member Duffield recused himself on Item 15 (Commercial Marina Rental Rate Approach) because he leases a commercial marina. XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the July 14, 2015 Special Meeting, Study Session and Regular Meeting [100 -2015] 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. B. ORDINANCES FOR ADOPTION 4. Adoption of Ordinance No. 2015 -23 Amending Newport Beach Municipal Code Adding Chapter 15.18 Regarding Residential Rooftop Solar Systems [100 -2015] Conduct second reading and adopt Ordinance No. 2015 -23, An Ordinance of the City of Newport Beach, California, Amending Title 15 of the Newport Beach Municipal Code to Provide an Expedited, Streamlined Permitting Process for Small Residential Rooftop Solar Systems. 5. Adoption of Ordinance No. 2015 -22 Relating to Hotel Guest Registry Inspections [100 -2015] Conduct second reading and adopt Ordinance No. 2015 -22, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 5.36.020 of the Newport Beach Municipal Code Regarding Inspections of Hotel Guest Registries. Volume 62 - Page 409 City of Newport Beach Study Session and Regular Meeting July 28, 2015 C. CONTRACTS AND AGREEMENTS 5. Bay Avenue Pavement Reconstruction - Notice of Completion and Acceptance of Contract No. 5580 (CAP15 -0010) [381100 -20151 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 acceptance by the City Council. 6. Big Canyon Reservoir Flow Metering Vault and Treatment Improvements - Approval of Professional Services Agreement with Stantec Consulting, Inc. (C -6222) [381100 -20151 Approve Professional Services Agreement (PSA) with Stantec Consulting, Inc. of Irvine, California, for design services for the Big Canyon Reservoir Flow Metering Vault and Treatment Improvements project at a not -to- exceed price of $158,403, and authorize the Mayor and City Clerk to execute the Agreement. 7. Newport Boulevard and 32nd Street Modification - Approval of Amendment No. 2 with VA Consulting, Inc. (C -5157) (CAP12 -0009) [381100 -20151 Approve Amendment No. 2 with VA Consulting of Irvine, California, for additional design services for the Newport Boulevard and 32nd Street Modification project at a not -to- exceed price of $110,550, and authorize the Mayor and City Clerk to execute Amendment No. 2. 8. Plan Review Services - Amendment to the Professional Services Agreement with VCA Code (C -5878) and JAS Pacific (C -5875) and Approval of Budget Amendment [381100 -20151 Continue to the August 11, 2015 City Council meeting. 9. Revocable License Agreement between the City of Newport Beach and Sprouts of Promise to Operate a Certified Farmers' Market Located at McFadden Square and Newport Pier and a Request for a Reduced Rental Rate (C -6223) [381100 -20151 a) Find that the execution of the license agreement is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines; b) Authorize the Mayor and City Clerk to enter into a five -year license agreement with Sprouts of Promise for a rental rate of $3,600 per year, and adjusted annually by the Consumer Price Index (CPI), which is below fair market value. The justification for charging less than fair market value is based upon the findings contained in the staff report and in the Revocable License Agreement, which indicate that charging less than fair market value promotes the City's goals to provide an essential or unique service to the community that cannot otherwise be provided if full market rates were charged; c) Approve a waiver of City Council Policy F -7 (Income Property) based on the findings contained in the staff report and in the Revocable License Agreement, that converting the property to another use or changing the licensee of the property would result in excessive vacancy; and d) Approve a waiver of City Council Policy L -13 (McFadden Plaza and Pier Use Policy) based on the findings contained in the staff report and in the Revocable License Agreement that use of McFadden Square for commercial purposes by a certified farmers' market will promote revitalization of the area. Volume 62 - Page 410 City of Newport Beach Study Session and Regular Meeting July 28, 2015 10. School Resource Officer Program Agreement (C -3309) [381100 -20151 Continue to the August 11, 2015 City Council meeting. D. MISCELLANEOUS 12. Planning Commission Agenda for the July 23, 2015 Meeting [100 -2015] Receive and file. 13. Appointment to the Finance Committee [100 -2015] Confirm Council Member Duffield's appointment of William O'Neill to serve on the Finance Committee for a term expiring on January 27, 2016. 17. Fiscal Year 2015 -2016 Special Event Support Funding Recommendations [100- 2015] Continue to the August 11, 2015 City Council meet Motion b Mayor Pro Tem Dixon, seconded b C Peotter, to approve the Consent Calendar, except for the Items removed (1 and nd noting the continuance of Items 8, 10 and 17 The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Curry XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR 11. Tentative Agreement with the Association of Newport Beach Ocean Lifeguards (C -2058) [381100 -2015] In response to Council Member Peotter's question, City Manager Kiff explained that Council has asked for increased transparency on any labor agreement coming before Council. He reported that tonight's action is to place it on a future agenda, including costing and the Memorandum of Understanding (MOU), so that Council and the public can see what each entails. He added that it will be presented to Council for action at the August 11, 2015 City Council meeting. Discussion followed regarding accessibility of the document on the City's website. Mayor Pro Tem Dixon suggested placing this item under the "Transparency" section of the new website. Motion by Council Member Peotter, seconded by Council Member Petros, to receive and consider the Tentative Agreement between the City of Newport Beach and the Association of Newport Beach Ocean Lifeguards in advance of adopting a successor Memorandum of Understanding for the period July 1, 2015 through June 30, 2017, to be presented for City Council consideration at the August 11, 2015 Regular Meeting. Jim Mosher referenced his written comments and expressed hope that, when the item comes back, any significance to the retroactivity of the MOU is reported. The motion carried by the following roll call vote Volume 62 - Page 411 City of Newport Beach Study Session and Regular Meeting July 28, 2015 Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tern Dixon, Council Member Duffield, Council Member Muldoon, Mayor Selich Absent: Council Member Curry 14. Wildlife Protection Banner - Approval of Encroachment Permit N2015 -0336 (C -6224) [381100 -2015] Council Member Peotter indicated that he pulled the report to receive more information about the group. Public Works Director Webb explained that the request came from a recently- formed local group to place a banner for a 30 -day period. He noted that there are several environmentally conscientious groups in the City who would like to increase awareness for the protection of wildlife. He added that the banner would pose no safety issues since it will be placed in the median. Motion by Council Member Petros, seconded by Council Member Muldoon, to a) waive the provisions of Council Policy L -16 (Temporary Banners Extending Over the Public Right -of- Way) pertaining to: a) notification of the general public of a community wide event, the requirement that the event is open to the public and free of charge and conducted by a non - profit corporation or organization; b) conditionally approve the installation of the Wildlife Protection banner in the landscaped median at Balboa Boulevard East and G Street for a maximum duration of 30 days; and c) authorize the City Manager to waive all fees associated with encroachment permit processing, City Council report preparation and banner installation /removal. Roger Lockhart requested clarification relative to standards for installing signs and if he has the right to install signs for other issues. Public Works Director Webb reported that City Council Policy L -16 discusses banner regulations. The motion carried by the following roll call vote: Ayes: Council Member Petros, Mayor Pro Tom Dixon, Council Member Duffield, Council Member Muldoon, Mayor Selich Nays: Council Member Peotter Absent: Council Member Curry 15. Commercial Marina Rental Rate Approach [100 -2015] City Attorney Harp announced that Council Member Duffield previously announced his recusal and has left the dais. At the request of Council Member Muldoon, City Manager Kif£ explained that the item is a summary of what he and staff have been working on as a result of Council Member Muldoon's request to have commercial marina rental rates reviewed. He reported that rates have been frozen at their current levels and added that staff has asked George Jones to analyze whether the State Lands Commission's Benchmark Methodology would be applicable in Newport Beach. He indicated that, once staff receives the appraisal, it will be brought to Council at a future Study Session, along with the analysis, so Council can provide further direction. Jim Mosher reiterated the comment he submitted in writing relative to having a third party look at commercial marina rates. He also expressed concerns that a single Council Member could direct staff to do what should be the result of a vote of the people. Volume 62 - Page 412 City of Newport Beach Study Session and Regular Meeting July 28, 2015 City Manager Kiff indicated that he has been working closely with the Mayor and the Mayor Pro Tem on this matter. Motion by Council Member Muldoon, seconded by Mayor Pro Tem Dixon, to receive and file. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tem Dixon, Council Member Muldoon, Mayor Selich Absent: Council Member Curry XVII. PUBLIC COMMENTS ON NON - AGENDA ITEMS Roger Lockhart referenced Patel v. City of Los Angeles that ruled that any attempt to view hotel records, without a warrant, is unconstitutional (Item 4 — Hotel Guest Registry Inspections). City Attorney Harp reported that Item 4 modified the City's code to comply with that court decision. Paul Mattheis commented on his prior remarks to the City Council in hopes that the City would address the leak to the Orange County Register of a confidential memorandum regarding a personnel matter. He believed that the matter should be referred to the Orange County Grand Jury. He addressed the promotional testing for the Fire Battalion Chief position and a biased comment made by a representative from the City Manager's Office about then current Fire Department officers. He commented on a lawsuit by three Fire Chiefs on a single cause of action and a comment from a representative of the Human Resources Department. He discussed settlements and commented about other matters that have been settled by the City. He believed that there is bias exhibited by a Civil Service Board Member. He further believed that there are significant challenges within the Human Resources Department and asked that Council ask the Civil Service Board to investigate the comments regarding the 2014 promotional testing for the Fire Battalion Chief position. Jim Mosher expressed concern with the number of settlements entered into by the City and believed that, once approved, the City has no process to make these settlements visible to the public, especially on the City's website. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES RFM Council Member Petros provided reports on recent Finance Committee and Aviation Committee meetings, and addressed the items considered and actions taken during each meeting. 16. Approval of Agreement with International Line Builders, Inc. for Citywide Streetlight Maintenance and As- Needed Repair Services (C -6212) [381100 -2015] City Manager Kiff provided a brief staff report. In response to Mayor Pro Tem Dixon's question, Municipal Operations Co- Director Murdoch reported that staff is looking into using LED lighting in Balboa Village. Jim Mosher referenced his written comments and expressed concerns with the increased costs, as well as other related City contracts, and wondered if outsourcing is advantageous. Volume 62 - Page 413 City of Newport Beach Study Session and Regular Meeting July 28, 2015 Municipal Operations Co- Director Murdoch explained the bidding process and changes that have occurred since 2011. He addressed prevailing wages and reported that outsourcing is still cheaper than doing the work in- house. He discussed the differences between maintenance and repair, and confirmed that the City receives the best price for each type of service. Motion by Council Member Petros, seconded by Mayor Pro Tem. Dixon, to approve the Maintenance and Repair Agreement with International Line Builders, Inc. for Citywide Streetlight Maintenance and As- Needed Repair Services for a term of five years with a total amount not to exceed by $1,353,425.00, and authorize the Mayor and City Clerk to execute the agreement. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Mayor Pro Tern Dixon, Council Member Duffield, Council Member Muldoon, Mayor Selich Absent: Council Member Curry MCI. MOTION FOR RECONSIDERATION - None XXII. ADJOURNMENT— Adjourned at 7:46 p.m. in memory of Joseph O'Hora The agenda for the Regular Meeting 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 23, 2015, at 4:00 p.m. City Clerk Aaff Recording Secretary Mayor Volume 62 - Page 414