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HomeMy WebLinkAbout09/22/2015 - Study Session / Regular Meeting CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting September 22, 2015 I. ROLL CALL -4:00 p.m. Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Excused: Council Member Duffield II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar-None SS2. Orange County Community Paramedicine Pilot Project City Manager Kiff reported that he discussed only one aspect of Community Paramedicine in the agenda description, but noted that today's presentation will address a pilot program that focuses on alternative destinations. Fire Department EMS Division Chief Ord provided a PowerPoint presentation to discuss Community Paramedicine, increased health expenditures per capita, the Affordable Care Act, changing EMS and Healthcare environments in California, increases in demand and calls for service, Community Paramedicine in California, the pilot studies in California, and details of the Orange County Alternate Destination Pilot Project. She addressed requirements for the pilot project, triage and transport criteria for urgent care centers, project partners, challenges, operating costs, grant funds, and alternate destination paramedics. Chief Ord reported on what happens after the pilot study is completed and discussed who has graduated from the inaugural Community Paramedicine Course in the local area. Council Member Curry commented positively on the concept and asked whether there is indemnification to the City. Chief Ord stated that there is always a risk, but explained that patients taken to urgent care facilities usually have minor conditions. Council Member Curry suggested incorporating a consent form. Council Member Muldoon stated that additional liability may result and agreed with Council Member Curry's suggestion regarding having the patient sign a waiver. In response to Council questions, Chief Ord listed the urgent care centers participating in the pilot program and added that being transported to an alternate destination is based on patient choice. She reported that approximately 23% of EMS interactions are minor conditions and addressed ways of communicating the program to the public. She indicated that the pilot program began September 14, 2015, and will end in 24 months. Further, if the required number of patients is achieved, the project could be completed in less than a year. Council Member Peotter pointed out that the cost to the City will not change, but what the project hopes to change is the cost to patients and hospitals. Chief Ord commented on reimbursement for transportation to an emergency room versus an urgent care center, Volume 62 - Page 449 City of Newport Beach Study Session and Regular Meeting September 22, 2015 noting it is generally due to how insurances are set up. She added that outsourcing transport is part of a Statewide study and will be considered when doing a cost comparison. Council Member Petros commented on recovering fees through grants and asked about the possibility of having to include costs in the City's budget if grants are not received. Chief Ord explained that there are too many variables at this time to make a determination and that many things could change. She answered additional questions regarding costs for emergency and non-emergency transport. Mayor Selich commented positively on the project, noting it is just one more example of how progressive the City is. Jim Mosher referenced an item regarding there being no reimbursement by insurance providers and expressed hope that people enrolled in the paramedic subscription program will not have to pay transportation fees. He addressed the concept of the pilot program, commented on a new Fire Department initiative in which it is negotiating to enroll in the Orange County Automatic Vehicle Location (AVL) Program, and wondered about different pilot programs in Orange County and offering different services. Regarding the AVI. Program, Fire Chief Poster noted that it is a Countywide program that is currently being developed. He provided a brief explanation of the program and offered to provide a presentation during an upcoming Study Session. He referenced the Community Paramedicine pilot program and pointed out its strict parameters. He stressed that this is a pilot program where parts of Newport Beach may not be included since only a handful of EMS are certified to participate. He also addressed fees for being taken to an alternate destination. SS3. Water Issues • Sage High School Environmental Program • Overview of Citywide Storm Water Quality Program • Median Turf Conversion Update (incl. Irvine Avenue Median Concepts) Andrew Vorrath, Sage High School, presented details of a service project which he has been involved with during the past year to provide stewardship to the Bay. He addressed the importance of the health of the Bay, Newport Aquatic Center (NAC) support, goals, methods used, areas of focus, findings, and suggestions for North Star Beach/NAC, Castaways Beach, and the channel behind Linda Island. He addressed the need to upgrade signs, discussed action items, acknowledged members of his team, and thanked those who have helped him with the project. Mayor Selich and Public Works Director Webb acknowledged the good work done by Mr. Vorrath and commented positively on involving citizens in such programs. Mayor Pro Tem Dixon thanked Mr. Vorrath for his work and for bringing awareness to the issue. She noted that there are similar problems in District 1, expressed concerns about water quality in the City, and noted opportunities to involve the community to address the concerns. Council Member Petros thanked Mr. Vorrath and reported that the quality of the Bay, directly affects recreation, real estate, the local economy, and tourism. He hoped that the City will take into account some of his considerations and look at this issue. In response to his question regarding the County's major trash interceptor at the Delhi Channel, Public Works Director Webb reported that the City is in the process of developing a project for the Delhi Channel. He added that funding is in place and that staff is currently working on the Volume 62-Page 450 City of Newport Beach Study Session and Regular Meeting September 22, 2015 design. He explained that the project will catch the first-flush trash from a high-industrial and dense area that generates a lot of trash. Public Works Director Webb presented a PowerPoint presentation regarding the Urban Runoff Water Quality Program. He addressed key components of the program, provided a brief NPDES permit history, and discussed requirements, inspections, watershed program development, program and policy oversight, committees and their goals, current projects in the area, sediment TMDL and sediment TMDL numeric targets compliance. He also commented on the City's sediment loading, nutrient 'TMDL, natural treatment systems, and the reduction in nitrogen loads. In response to Council Member Petros' question, Public Works Director Webb addressed impacts of the drought on runoff. Public Works Director Webb addressed reduced algal growth in the Upper Bay, Organochlorine Compounds, reduction in pesticide use, Fecal Coliform Indicator Bacteria (FIB) TMDL, the current status of FIB TMDL, other constituents of concern, selenium hot spots, selenium impacts, and flow diversion projects. He discussed the projected selenium impacts, future projects, copper, trash and use of continuous deflective separators, the Santa Ana Delhi Channel Project, trash collection and low-flow diversion, the Little Corona del Mar Infiltration Project, the Bayview Heights Restoration Project, annual drainage system maintenance, the Sanitary Sewer Maintenance Program, and the benefits of street sweeping and household hazardous waste collection. Regarding street sweeping, Council Member Petros stated that he would be interested in knowing the speed at which the trucks drive to ensure they are catching all areas that need sweeping. Additionally, he would like to consider coordinating trash pickup and street sweeping. Public Works Director Webb addressed the Irrigation Runoff Reduction Program, turf removal, public education and community outreach, contributions to the City's water quality, dredging and habitat restoration programs, annual water quality related program costs, and significant water quality accomplishments. He commented on the City's standing with Heal the Bay and discussed future efforts. In response to Council Member Peotter, Public Works Director Webb estimated that 30% to 40% of storm drains in the City drain into the Back Bay. Additionally, he commented on grates placed on storm drains and opportunities in other areas of the City to install grates. Mayor Pro Tem Dixon thanked Public Works Director Webb and staff, and asked about challenges related to storm drains and street sweeping in gated communities. Public Works Director Webb addressed possible ways to address those challenges. He noted that there is still more work to be done in this regard. In response to Mayor Selich's question, Public Works Director Webb addressed cases regarding algae in the Grand Canal. He added that it is a matter that should be looked at in the future. Mayor Selich commented on bottom paint and the Water Quality Control Board's rigid positions. He believed that, if they accept their staffs recommendations, it will have a negative economic impact on the Harbor. Public Works Director Webb reported that staff has aggressively been trying to educate the Board so that they might take a more reasonable position on the matter. Mayor Selich noted the need for a backup plan. Mayor Selich reported noticing trash in the Promontory Bay Channel. Public Works Director Webb reported that the City does not have a CDS unit there and discussed the Volume 62 -Page 451 City of Newport Beach Study Session and Regular Meeting September 22, 2015 process for testing for leaks in the system. Mayor Selich stated that the Median Turf Conversion Update will be presented during a Study Session at the October 13, 2015, City Council meeting. III. PUBLIC COMMENTS Mike Glenn referenced an email he sent regarding the bids for the Balboa Theater (Closed Session Item B) and requested and received clarification that the Closed Session conference with real property negotiators was for the City side of the issue and not for anyone bidding on the property. He offered to answer questions from Council. 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. IV. CLOSED SESSION-5:50 p.m. A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager, Carol Jacobs, Interim Assistant City Manager. 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). B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code § 54956.8): 1 matter Property Address: Balboa Theater, 707-709 East Balboa Boulevard, Newport Beach, CA 92661 Agency Negotiator: Dave Kiff, City Manager, Seimone Jurps, Building Official and Lauren Weeding, Real Property Administrator Negotiating Parties: (1) The Cortland Company Brian Hopkins, President 3500 East Coast Highway Corona del Mar, CA (2) Teles Properties Dino and Hope Clarizio 12 Corporate Plaza, Suite 100 Newport Beach, CA (3) 801 Balboa LLC Camille Rizko, Manager 224 Via Eboli Newport Beach, CA (4) SaveNewport Mike Glenn Michael.Glenn@devion.com Volume 62 -Page 452 City of Newport Beach Study Session and Regular Meeting September 22, 2015 (5) Lab Holding, LLC Chris Bennett 709 Randolph Avenue Costa Mesa, CA Under Negotiation: Price and terms of payment. V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Excused: Council Member Duffield VIII. CLOSED SESSION REPORT-None IX. PLEDGE OF ALLEGIANCE - Council Member Muldoon X. INVOCATION-Pastor John Thomas,Mariners Church XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON-DISCUSSION ITEMS) Council Member Petros thanked Mayor Selich for allowing him to represent him and the City Council at the Peer-2-Pier event. He acknowledged the participation by the Police and Fire Departments and thanked BJ's Restaurant for hosting the Pancake Breakfast. Additionally, he invited everyone to the Movie in the Park showing of Frankenweenie at Cliff Drive Park on October 2, 2015. Council Member Curry reported attending the Fire Department Promotion Ceremony and the Fire and Lifeguard Appreciation Dinner. Additionally, he reported attending the Coastkeeper dinner, the Green Expo at the Civic Center, the Civic Center Art Expo Kick-off, and the Vanguard Global Center for Women and Justice Annual Luncheon. Mayor Selich reported participating in International Literacy Day on September 10, 2015, the dedication of the second phase of sculptures in the Sculpture Garden on September 12, 2015, and the christening of the ExplorOcean boat on September 16, 2015. He announced that preparations for El Nino will be discussed at the October 13, 2015 Study Session. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Issues surrounding off-leash dogs at the mouth of the Santa Ana River (Dixon) Motion by Mayor Pro Tem Dixon, seconded by Council Member Muldoon, to direct staff to bring the item back for Council consideration at the October 13, 2015 City Council meeting. The motion carried by the following roll call vote: Volume 62 -Page 453 City of Newport Beach Study Session and Regular Meeting September 22, 2015 Volume 62 - Page 454 Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Duffield XIV. PUBLIC COMMENTS ON CONSENT CALENDAR - None XV. CONSENT CALENDAR A. READING OF MINUTES AND ORDINANCES 1. Minutes for the September 8, 2015 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. ORDINANCE FOR INTRODUCTION 3. Ordinance Restricting Trucks on Ridge Park Road [100-2015] Introduce Ordinance 2015-28, An Ordinance of the City Council of the City of Newport Beach, California, Extending Section 12.32.022 of the Newport Beach Municipal Code Prohibiting Commercial Vehicles over Eight Thousand (8,000) Pounds on Ridge Park Road between Newport Coast Drive and Vista Ridge Road, and pass to second reading on October 13, 2015. C. RESOLUTIONS FOR ADOPTION 4. Proposed Assessment District No. 117 - Area Bounded by Bayside Drive, Avocado Avenue, Coast Hwy & Carnation) [89/100-2015] a) Adopt Resolution No. 2015-78, A Resolution of the City Council of the City of Newport Beach, California, Approving the Assessment Engineer’s Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 117; b) Adopt Resolution No. 2015-79, A Resolution of the City Council of the City of Newport Beach, California, Declaring its Intention to take Proceedings Pursuant to the Municipal Improvement Act of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of 1915, and Make Certain Findings and Determinations in Connection therewith, all Relating to the Formation of Assessment District No. 117; and c) Per City Council Policy L-28 (Assessment Ballot Guidelines), determine that the City will not participate in the voting process for the City Old School and Begonia Park properties by neither voting for nor against the assessment. Council Member Curry recused himself from this item due to stockholdings and Council Member Muldoon recused himself from this item due to financial reasons. D. CONTRACTS AND AGREEMENTS 5. Bonita Creek Park Synthetic Field Turf Replacement - Notice of Completion and Acceptance of Contract No. 5856(A) (ISP12/CAP09-0066) [38/100-2015] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; City of Newport Beach Study Session and Regular Meeting September 22, 2015 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. Bonita Creek Park Synthetic Turf Replacement Project - Notice of Completion and Acceptance of Contract No. 6066 (CAP09-0066) [38/100-2015] 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. 7. Grand Canal Emergency Sand Maintenance Work - Award of Contract No. 6274 [38/100-2015] a) Approve the project specifications and drawings; b) Award Contract No. 6274 to Metro Builders & Engineers Group, Ltd for the total bid price of $246,500.00, and authorize the Mayor and the City Clerk to execute the Contract; and c) Establish an amount of $24,500.00 (10%) to cover the cost of unforeseen work not included in the original contract scope of work. 8. Request to Install Private Improvements (Alley Extension) within the Existing Alley Right-of-Way Adjacent to 404 Heliotrope Avenue (N2015-0439) (C-6300) [381100-2015] a) Waive City Council Policy L-6, Private Encroachments in Public Rights-of-Way, to allow the Owner to extend the alley 15 feet in length using caissons and appurtenances, contingent upon all conditions of the Encroachment Permit process being met; and b) Direct staff to enter into an Encroachment Agreement with the Owners, and authorize the City Manager and City Clerk to execute the Encroachment Agreement within one (1) calendar year upon receipt of approval. 9. Lease Agreement between the City of Newport Beach and Credit Union of Southern California,Authorizing the Lease of Retail Space in the Central Library at the Civic Center Located at 1000 Avocado Avenue (C-6301)[381100-2015] a) Find that the execution of the Lease 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; and b) Approve and authorize the Mayor and City Clerk to execute a five-year lease agreement with Credit Union of Southern California, in substantially the same form as the attachment to the staff report. 10. Temporary Employment Agreement-Planner (C-5788)[38/100-2015] Authorize the City Manager to execute the Temporary Employment Agreement with retired employee Kay Sims to temporarily fill the position of a planner. 11. Agreement with County of Orange for Collection of Special Taxes, Fees, Charges and Assessments ("Agreement") (C-6302) [38/100-2015] a) City Council approve the Agreement with the County of Orange; and b) Authorize the Mayor and City Clerk to execute the Agreement. Volume 62 -Page 455 City of Newport Beach Study Session and Regular Meeting September 22, 2015 12. Printing and Release of Tentative Agreement with the Newport Beach Police Management Association (C-2932) [38/100-20151 Receive and file. E. MISCELLANEOUS 13. Planning Commission Agenda and/or Action Report for the August 20, 2015 and September 17, 2014 Meetings 1100-20151 Receive and file. Motion by Mayor Pro Tem Dixon, seconded by Council Member Peotter, to approve the Consent Calendar; and noting the recusals by Council Members Curry and Muldoon on Item 4. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Muldoon, Mayor Pro Tem Dixon,Mayor Selich Absent: Council Member Duffield XVI. ITEMS REMOVED FROM THE CONSENT CALENDAR-None XVII. PUBLIC COMMENTS ON NON-AGENDA ITEMS Wayne Harropson expressed the opinion that Council should apologize to Council Member Peotter for attempting to censure him for expressing his objection to the Supreme Court decision regarding gay marriage. After further comments, Mayor Selich requested that Mr. Harropson stay with the issue regarding Council's action in terms of Council Member Peotter. Debra Allen requested Council's help regarding the coyote problem in her area, that Council direct staff to look into what other cities have done, and that the City take a more proactive role on the issue. She announced that Speak Up Newport will be addressing this issue on November 4, 2015, in the Civic Center Community Room at 5:30 p.m. Mary Ann Soden stated that her pet was attacked in her yard on August 4, 2015. She reported that coyotes are jumping high fences and that pets are being attacked while people walk them on the streets. She asked that Council consider what other cities are doing in this regard. Kay Walker spoke regarding the coyote problem in the City, referenced the upcoming Speak Up Newport meeting, and requested suggestions as to how pets can be saved from the danger of coyote attacks. Phil Milner, Newport Citizens for Responsible Growth, addressed the group's goals and working with various School Board Members and staff, so that they are aware of their concerns regarding the effects of the athletic field modifications at Corona del Mar High School. He commented on the possibility of establishing a contract with the community and the need to involve stakeholders, including the City, to work out everyone's concerns. He asked that a Council Member participate in the meetings to identify other stakeholders and facilitate the development of a usage agreement and to define the City's use of the center. Additionally, he noted that they would like to have an agreement in place before the draft EIR is issued. Council Member Muldoon stated that he will be joining the meeting referenced by Mr. Milner and that he will stay in touch with him regarding the matter. Volume 62 -Page 456 City of Newport Beach Study Session and Regular Meeting September 22, 2015 Christine Daily reported living approximately one mile from Corona del Mar High School and that her children attend Our Lady Queen of Angels School. She expressed concern that it takes approximately 40 minutes to drive from her home to the school and took issue with traffic and congestion. She asked that Council direct staff to work on a traffic study with regards to schools and the community, and consider the possibility of dispatching traffic officers to help control same. Lauri Preedge reported that her children attend Corona del Mar High School and expressed concerns regarding traffic and congestion in the area. She invited Council to experience it and indicated she would be interested in knowing the accident history in the area. Additionally, she asked that the City conduct a traffic study in the area to develop a plausible solution. Council Member Petros discussed his background, indicated that he wrote the traffic management plan for Our Lady Queen of Angels, and acknowledged that the previous speakers' concerns are real, occur yearly, and that the City already manipulates signal timings to favor inbound traffic in the morning and outbound traffic in the afternoon. He added that there is Police presence to facilitate traffic movements. Although that may not be enough, it is what is available as a City. He agreed that discussion is needed with the School District about restricting student parking and, thereby, encourage students to walk, bike or institute bussing. He stressed that the City has followed this matter for many years and indicated that it may be outside of the City's jurisdiction. Jim Daily commented on the dangers of the current traffic situation at Ford Road, across Jamboree, and referenced bicycle-related deaths in the City. He believed that what has been done before is not adequate and suggested installing a foot bridge. Annie Limit, Newport Citizens for Responsible Growth, commented on the strides made by the City to make school-related traffic, drop-offs and pick-ups safer. She suggested the possibility of off-site parking with a shuttle service and offered to work with staff to consider other options. Jim Mosher referenced the Newport Independent noted that Council Districts are residency requirements, imposed by the City Charter, for the purpose of ensuring all areas of the City are represented; however, Council Members are representatives from a district and not representatives for that particular district. Ann Parker reported that there is a sober living school opening up at 11 Bayside Drive, and believed that Council should consider the matter carefully. She noted that tenants and nearby residents and businesses have complained about noise, loitering, and smoking. She alleged that the school is already operating, which goes against their CUP, that they have a kitchen and are serving lunch, and have not been inspected by the Health Department. She asked that Council reexamine the issue. City Manager Kiff noted that Senior Animal Control Officer Schomberg and Police Lt. Fischbacher are both in the audience, and suggested residents in attendance speak with them with the possibility of scheduling a community meeting to address the coyote problem. He added that staff has been following what is going on in other cities and stated that euthanizing them is not the right practice. Mayor Selich agreed with the idea of scheduling a community meeting and that hazing is a better method than euthanizing coyotes. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros acknowledged the attendance of a Scout Troop and thanked them for their patience and attendance. Volume 62 - Page 457 City of Newport Beach Study Session and Regular Meeting September 22, 2015 Council Member Curry reported on a recent meeting of the Finance Committee where it considered next year's budget preparation and discussed increased pension costs. XIX. PUBLIC HEARINGS 14. Woody's Wharf Use Permit Amendment located at 2318 Newport Boulevard (PA2015- 158) [100-2015] Motion by Council Member Peotter, seconded by Council Member Petros, to continue the item to the October 13, 2015 City Council meeting. Mayor Selich opened the public hearing. Jim Mosher expressed the opinion that continuing the matter is not the proper action. He suggested referring this matter to the Planning Commission since there is no provision allowing Council to modify a Conditional Use Permit. Hearing no further testimony, Mayor Selich closed the public hearing. City Attorney Harp stated that, under the City's Code, it would be appropriate for City Council to consider an amendment to the Conditional Use Permit. He pointed out that the City Council can refer it to the Planning Commission, if desired, but Council's consideration would be appropriate as well. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Muldoon, Mayor Pro Tem Dixon,Mayor Selich Absent: Council Member Duffield 15. Approval of Master Fee Schedule and Change in Subsidies[100-2015] Deputy Finance Director Montano utilized a PowerPoint presentation to address the background, methodology, and proposed fee changes by Department. He reported on the establishment of authority, discussed taxes versus fees, fee for service methodology, fee change summary for all Departments, reasons for the changes, stakeholder review, Police Department fees, Public Works fees, Fire Department EMS fees, EMS fee changes, Community Development fees and Marina Park facility use fees. He reported when the fees will take place. Mayor Selich opened the public hearing. Steven LaMotte, Building Industry Association (BIA), provided information on the organization and addressed staff hourly rates and overhead indirect costs presented in the report. He thanked staff for its proactive approach in reaching out to stakeholders and asked that Council work towards the most efficient process, as well as lower overhead indirect costs. He spoke in support of staffs proposed phased-in option. In response to Mayor Selich's question, Mr. LaMotte indicated that there are cities that charge a flat fee for certain types of planning applications, as well as an hourly fee. Jim Mosher took issue with adopting a Resolution on something that has not yet happened since the Ordinance is not in effect yet and the spreadsheet being hard to read. He suggested Volume 62- Page 458 City of Newport Beach Study Session and Regular Meeting September 22, 2015 that the numbers referencing the fees be permanently associated to the fees and commented on the difference between the plan check fees for outsourced providers versus City staff. Hearing no further testimony, Mayor Selich closed the public hearing. In response to Council Member Peotter's questions, Deputy Finance Director Montano indicated that comparing the City's fees with other jurisdictions' fees was not part of the provider's scope of work; however, after the conclusion of the study, staff conducted spot checks. He indicated that the consultant looked at the spectrum of activities that staff undertakes. Council Member Peotter stated that he would like to see a breakdown of construction types and to have it based on the actual time it takes staff to perform the work. He commented on hourly rates and asked who determines the construction costs. Deputy Finance Director Montano indicated that using building valuation tables is a standard practice. In terms of increased costs for plan checks, he stated that staff is looking closely at the City's operations, incorporating costs of service delivery, and building valuation tables are also taken into consideration for those types of fees. Council Member Peotter expressed concerns regarding percentage increases for the same type of service. He believed that there is nothing holding the City's costs in check. Deputy Community Development Director Jurjis explained that plan check fees have increased because the City is using more contract staff due to an influx in development activity. He noted that plan checks are being conducted using a mixture of in-house staff and contract consulting services. Council Member Peotter asserted that contract staff is cheaper than using in-house employees and asked why fees are not being reduced. Deputy Community Development Director Jurjis noted fluctuating costs in using contract staff and reported that contract staff costs have increased. He added that outside contractors for plan reviews receive a percentage of the fees collected by the City and do not always charge by the hour. Discussion followed regarding extra costs to provide plan-review services, additional costs in using outside consultants, and the experience of contract in-house staff. Council Member Peotter stated that he does not understand why there is a proposed percentage increase when the fee is already being increased based on construction valuation. Deputy Community Development Director Jurjis explained the valuation study, noting that valuation tables have not been increased. He stated that staff looked at expenses and made projections, and reported that the valuation tables will be updated next year. In response to Council Member Peotter's question regarding the City having a flat, hourly rate, depending on the experience of who performs the work, City Attorney Harp stated that the City uses blended rates. Regarding the amount of fees being increased, Deputy Finance Director Montano stated that 40% of the total increases are attributed to Community Development fees. Council Member Petros stated that he was pleased that the balance of fees were increased and decreased and that 67% of building fees were reduced. He expressed concerns with plan check hourlyrates and valuation. However, he indicated that he did not feel he has enough information to act today and preferred pulling the $228 line item out relative to plan rechecks and carry it over for more detailed information and review before setting a rate. Council Member Curry reported that the Finance Committee considered this issue carefully and recommended this action to Council. He addressed the policy of reviewing fees on a Volume 62 -Page 459 City of Newport Beach Study Session and Regular Meeting September 22, 2015 periodic basis. He pointed out that the largest fee adjustment goes back to 2003 and noted the importance to keep pace. He added that the City is experiencing a record volume of building- related permits and plan checks. He noted that construction costs do not always increase and believed that this is a well-thought out, methodical structure that reflects critical public services and infrastructure improvements. He thanked the BIA for their input. Motion by Council Member Curry, seconded by Mayor Pro Tem Dixon, to a) adopt Resolution No. 2015-76, A Resolution of the City Council of the City of Newport Beach, California, Amending the City's Master Fee Schedule; b) introduce Ordinance No. 2015-29, An Ordinance of the City Council of the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery, and pass to second reading on October 13, 2015; c) adopt Resolution No. 2015-77, AResolution of the City Council of the City of Newport Beach, California, Approving Paramedic Service Charges Pursuant to Chapter 5.60 of the Newport Beach Municipal Code; and d) introduce Ordinance No. 2015-30, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 5.60 of the Newport Beach Municipal Code (Paramedic Service User Fees) to allow City Manager discretion to waive EMS fees and charges, and pass to second reading on October 13, 2015. In response to Mayor Pro Tem Dixon's question, Deputy Finance Director Montano explained that the $228 fee for plan review rechecks only occur after several rechecks. Mayor Pro Tem Dixon stated that delayed implementation in terms of phasing in seems fair to her. Fire Chief Poster explained Paramedic Subscription Fee Comparisons and addressed ways of making the community aware of the program, as well as services covered. Administrative Manager Crispi addressed membership, revenues, transport services, billing, and average write-offs. Mayor Pro Tem Dixon commented positively on the program and requested an evaluation in a year. Council Member Petros stated his earlier concerns about the $228 fee have been resolved and indicated support for the motion. Council Member Muldoon commented on the summary of services and specifically those related to crime. Deputy Finance Director Montano explained that the City does not want to charge fees that have been deemed to have a community interest. Council Member Muldoon noted there is not always a correlation between certain activities and the fees being charged. Substitute motion by Council Member Muldoon, and seconded by Council Member Peotter, to approve all reduced fees and fees that remain the same, and bifurcate those from all fee increases. Council Member Curry expressed the opinion that the motion reflects fiscal irresponsibility and commented on the need to make modifications, including increases and decreases, and adjusting revenues to meet the City's additional expenses. Council Member Muldoon commented on the importance of living within your means, believed that he is not being unreasonable, and noted that the City is not in need of money. The substitute motion failed by the following roll call vote: Volume 62- Page 460 City of Newport Beach Study Session and Regular Meeting September 22, 2015 Ayes: Council Member Peotter, Council Member Muldoon Noes: Council Member Petros, Council Member Curry, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Duffield Amended motion by Council Member Peotter, seconded by Council Member Muldoon, to a) require the Community Development Department to track time and costs by project starting this fiscal year; b) update the fee study based on this information next year; and c) require the Community Development Department to use outsourcing for additional workload. Council Member Curry noted that Recommendation C is not currently agendized. City Attorney Harp agreed and Council Member Peotter agreed to remove it from the amended motion, adding that outsourcing could be a goal. Amendment to the amended motion by Council Member Peotter, seconded by Council Member Muldoon, to a) require the Community Development Department to track time and costs by project starting this fiscal year; and b) update the fee study based on this information next year. Council Member Curry suggested voting on the fee schedule and those who do not approve of it can vote against it next year. The amendment to the amended motion failed by the following roll call vote: Ayes: Council Member Peotter, Council Member Muldoon, Mayor Selich Noes: Council Member Petros, Council Member Curry, Mayor Pro Tem Dixon Absent: Council Member Duffield The motion carried by the following roll call vote: Ayes: Council Member Petros, Council Member Curry, Mayor Pro Tem Dixon, Mayor Selich Noes: Council Member Peotter. Council Member Muldoon Absent: Council Member Duffield XX. CURRENT BUSINESS 16. Approval of Agreement with Spectrum Facility Maintenance for Sidewalk Steam Cleaning Services (C-6303) [381100-20151 Jim Mosher commented on the current vendor not bidding on the contract and questioned the way services are dispersed throughout the City. Motion by Council Member Curry, seconded by Council Member Muldoon, to approve the agreement with Quality Commercial Cleaning, Inc., dba Spectrum Facility Maintenance for a term of five years for a not to exceed amount of$1,150,000, 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, Council Member Curry, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich Absent: Council Member Duffield Volume 62 - Page 461 City of Newport Beach Study Session and Regular Meeting September 22, 2015 XXI. MOTION FOR RECONSIDERATION-None XXII. ADJOURNMENT-8:45 p.m. 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 September 17, 2015, at 4:00 p.m. Recording Secretary Mayor r -gUA4J&qA City Clerk aW PORT v s ,1,/C Volume 62 -Page 462