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Home My WebLink About03/22/2016 - Study Session / Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting March 22, 2016 I. ROLL CALL - 4:30 p.m Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. National Weather Service to Present Signs to the City for Designation as a "Tsunami Ready City" Alex Tardy, National Oceanic and Atmospheric Administration (NOAA), presented signs, discussed efforts to educate and prepare citizens, recognized Newport Beach once again for being a "Tsunami Ready City," and discussed events planned for Tsunami Awareness Week. Emergency Services Coordinator Eing announced the Earthquake and Tsunami Workshop on March 24, 2016, from 6:30 p.m. to 8:00 p.m. in the Civic Center Community Room. Jim Mosher discussed the inclusion of tsunami readiness in the Emergency Operations Plan and the need for good urban planning. He noted that the Safety Element referenced the Local Hazards Mitigation Plan which he stated was difficult to locate. In response to Mayor Dixon's question, Emergency Services Coordinator Eing stated that 33 signs are already installed on local thoroughfares. SS3. Records Retention Update [100-20161 City Clerk Brown presented a PowerPoint presentation, highlighting the City's Records Retention Schedule (RRS), recent historical authority to destroy, proposed changes, and next steps. In response to Mayor Pro Tem Muldoon's questions regarding PD -031 (Police Department Backup Tapes), City Clerk Brown explained that the tapes are currently being backed up weekly, rather than daily and explained that the Police Department is on a separate server. Police Support Services Administrator Stafford added that the tapes are backed up weekly, stored in-house, and a copy is also sent offsite. He reiterated that the Police Department uses a separate server than City Hall. Regarding City Hall backups, City Clerk Brown stated that City Hall backups its server daily. Council Member Peotter questioned the potential loss of data. Police Support Services Administrator Stafford explained the process for backups and virtual sessions. He reported that conducting cloud backup was not possible due to Department of Justice requirements. He also discussed efforts to improve best practices. Council Member Peotter requested the project include review of the storage medium and security. Police Support Services Administrator Stafford discussed current security practices. Volume 62 - Page 595 City of Newport Beach Study Session and Regular Meeting March 22, 2016 Council Member Peotter asked if the proposed modifications to the RRS would assist in responding to Public Records Act Requests (PRARs). City Clerk Brown noted that the RRS and PRAR process are different; however, updates to the RRS could increase efficiency in PRAR responses. City Manager Kiff added that he, the City Attorney, City Clerk, and the IT Division were reviewing the PRAR process and will bring back a proposal during the budget process. Mayor Dixon asked if there was a person in every department trained and knowledgeable on the RRS. City Clerk Brown stated that each department has trained staff, but department resources sometimes limits implementation. City Manager Mff discussed the need to scan records and ensure the scanning capabilities were adequate. Jim Mosher requested the proposed changes be available to the public. He questioned whether Council had reviewed the entire retention schedule. He called attention to the difficulty in obtaining the schedule due to copyright provisions. He discussed recordings and suggested a two-year retention. Council Member Petros noted that the previous Council had reviewed the entire retention schedule. SS4. Update on How Often Boards, Conunissions or Committees Should Report Back to the City Council [100-2016) Assistant City Manager Jacobs requested Council direction on how often, when, and in what manner Boards, Commissions and Committees should report back to Council. Council Member Petros asked if resolutions forming the committees contained reporting requirements. City Manager Kiff indicated that they are inconsistent. Council Member Petros suggested that future resolutions forming ad hoc committees include reporting requirements. Council Member Selich indicated support for the current process where commissions could address Council on request or as needed. Mayor Pro Tem Muldoon concurred with Council Member Selich. Jim Mosher discussed ad hoc committees and believed that there are ere no standing ad hoc committees or citizen advisory committees. He agreed with not wanting to create additional work, but would be interested in hearing the status of the 12 governmental committees. Council Member Peotter stated that he appreciated that the Harbor Commission provides an annual report and that the Planning Commission agenda is presented to the Council at each meeting. He requested that the City Arts Commission and Parks, Beaches and Recreation Commission report back to Council at least once a year. Council Member Duffield concurred with Council Member Selich. He stated that he volunteered to attend the Harbor Commission meetings in order to relay necessary information to Council. Mayor Dixon encouraged the Boards and Commissions to keep Council informed either formally or informally. Volume 62 - Page 596 City of Newport Beach Study Session and Regular Meeting March 22, 2016 III. PUBLIC COMMENTS Jim Mosher discussed litigation and stated that agendas from years ago contained a listing of claims against the City. He further expressed concern with development and implementation of the Greenlight initiative. City Manager Kiff stated that the discussion about developments throughout the City will be discussed in April. City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss the item as listed in the Closed Session agenda and read the title. IV. CLOSED SESSION - 5:13 p.m. A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 1 matter Paulette Calli v. City of Newport Beach et al. Orange County Superior Court Case No. 30-20014-00752147 V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon VIII. CLOSED SESSION REPORT - None DI. PLEDGE OF ALLEGIANCE - Council Member Duffield X. INVOCATION - Council Member Petros XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS) Council Member Petros announced that the Orange County Sanitation District (OCSD) work on Pacific Coast Highway has been completed two months ahead of schedule. He commended Public Works staff in working with the OCSD and Council Member Curry for his participation on the OCSD Board. He also congratulated the successful Spirit Run and stated that he enjoyed the Police Appreciation Breakfast. Mayor Dixon presented a slide to discuss the Mayor's Spring Egg Roll, announced the April 1, 2016, Movie in the Park at Marina Park to watch Inside Out, discussed the Boat Auction at Harbor Patrol on March 18, 2016, announced the Maritime Disaster Drill on March 23, 2016 from 10:00 a.m. to 3:00 p.m., and announced the Short -Term Lodging community meeting on March 23, 2016, at 6:00 p.m, in the Civic Center Community Room. City Manager Kiff explained the public workshop is to gather information about short-term rentals. Mayor Dixon announced that she was honored to welcome Police Chief Lewis, reported attending the Police Appreciation Breakfast, and announced that the Volume 62 - Page 597 City of Newport Beach Study Session and Regular Meeting March 22, 2016 Building Division received the California Building Officials (CALBO) 2015-2016 `Building Department of the Year" award. City Manager Kiff announced that the Irvine City Council approved the agreement with the County for importation of trash. He reported that this approval would allow the City of Newport Beach to retain its current practice. XIII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA • Whether to consider a local "political reform act" measure that might (a) give the City Attorney the authority to enforce campaign contribution limits; (b) limit or regulate contributions related to slate mailers; (c) require the registration of lobbyists before the City Council; and (d) additional regulations relating to fundraising. (Curry) Council Member Curry discussed the need to consider campaign reform, such as authorizing the City Attorney to enforce contribution limits, limit slate mailer contributions, and limit the timeframe for fundraising and requiring lobbyist registration. He discussed attacks on him due to recommending lobbyist registration. City Attorney Harp encouraged limiting discussion on the matter since today is only for the purpose of Council determining whether or not to bring back an item on a future agenda. Council Member Curry further discussed the need for lobbyists to disclose their clients and requested the matter be brought back to preserve the reputation of the City Council. • Whether to form a Council -Citizens Working Group or advisory group on campaign and election reform. (Dixon) Mayor Dixon suggested creating a Council -Citizen working group to discuss the campaign reforms suggested by Council Member Curry.. Motion by Mayor Dixon. seconded by Mayor Pro Tem Muldoon, to bring this matter back at a future City Council meeting. Mayor Pro Tem Muldoon indicated support for requiring lobbyist registration. Jim Mosher encouraged Council to vote to bring back both proposals. George Schroeder indicated support for resident participation. Council Member Curry expressed his willingness to combine the two proposals and noted that Mr. Schroeder had initially proposed citizen participation. Substitute motion by Council Member Petros, seconded by Council Member Curry, to combine both items for consideration at a future City Council meeting. The substitute motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon Nays: Council Member Selich Volume 62 - Page 598 City of Newport Beach Study Session and Regular Meeting March 22, 2016 XIV. PUBLIC COMMENTS ON CONSENT CALENDAR Jim Mosher discussed the resolution for that grant application for habitat restoration (Item 3) and stated that the grant agreement and terms were not included with the staff report. He discussed inconsistencies in the Little Corona Beach infiltration project as it relates to mitigated negative declaration versus being a negative declaration (Item 4). He also questioned the agreement with Tom Edwards for airport consulting services (Item 10) and questioned whether he was the most qualified. He believed that the status of the General Plan should be a discussion item. George Schroeder discussed Mr. Edwards' expertise in airport issues. City Manager Kiff reported that a staff member at the Assistant City Manager level previously worked on airport issues, which was costlier than the proposed agreement with Mr. Edwards. XV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the March 8, 2016 Study Session and Regular Meeting [100-2016] 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. RESOLUTIONS FOR ADOPTION 3. Resolution to Approve Filing a Grant Application for Design and Implementation of Habitat Restoration and Water Quality Improvements in Big Canyon Nature Park 1100- 20161 Continue indefinitely. 4. Little Corona Beach Infiltration Project - Adoption of Mitigated Negative Declaration and Approval of Design [100-20161 a) Adopt Resolution No. 2016-40, A Resolution of the City Council of the City of Newport Beach, California, Adopting Negative Declaration No. ND2015-001 (SCH# 2016011037) for the Little Corona Beach Infiltration Project (PA2015-096), pursuant to the California Environmental Quality Act, State CEQA Guidelines and City Council Policy K-3; and b) Approve the design of the new infiltration system. CONTRACTS AND AGREEMENTS 5. Dover Drive and Westcliff Drive Rehabilitation - Notice of Completion and Acceptance of Contract No. 5583(A) [381100-2016] 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. Goldenrod Avenue at Coast Highway -Water Main Master Plan Replacement -Award of Contract No. 7010-1 (Project No. 15W01) [381100-2016] a) Approve the project plans and specifications; Volume 62 - Page 599 City of Newport Beach Study Session and Regular Meeting March 22, 2016 b) Award Contract No. 7010-1 to GCI Construction, Inc. (GCI) for the total base bid amount of $257,850.00, and authorize the Mayor and City Clerk to execute the associated construction contract; and c) Include in the project construction contract encumbrance an additional contract contingency allocation of $26,000.00 (approximately 10 percent of the total bid) to cover unforeseen conditions, extra work and/or material quantities. 8. Agreement with Prudential Overall Supply for Uniform and Mat Services (C-7069-1) [38/100-2016] Approve the agreement with Prudential Overall Supply for a term of five years for a not to exceed amount of $210,000, and authorize the Mayor and City Clerk to execute the agreement. 9. Purchase of Police Command Post Vehicle [100-2016] Continue to a future City Council meeting. 10. Airport Consulting - Contract with Tom Edwards (C-7071-1) [38/100-2016] Authorize the Mayor and City Clerk to sign the Professional Services Agreement with Thomas Cole Edwards, Inc. MISCELLANEOUS 11. Planning Commission Agenda for the March 17, 2016 Meeting [100-2016] Receive and file. 12. General Plan Annual Status Report Including Housing Element Report (PA2007-195) [100-2016] Authorize submittal to the State of California Office of Planning and Research and State Department of Housing and Community Development. 13. Update on Water Use and Conservation Efforts February 2016 [100-2016] Receive and file. 14. Civic Center Audit - Records Production Update [381100-2016] Receive and file. Motion by Mayor Pro Tem Muldoon, seconded by Council Member Peotter, to approve the Consent Calendar, except for the item removed (Item 6); and noting the continuance of Items. 3 and 9. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon XVI. ITEM REMOVED FROM THE CONSENT CALENDAR 6. Water Main Replacement Project - Notice of Completion and Acceptance of Contract No. 4920 (CAP14-0031) [38/100-2016] Mayor Dixon stated that she pulled the item in order to receive an update on the quality of the water main. Municipal Operations Director Murdoch reported that the City does not have any lead water mains. He discussed water testing for lead and copper, and indicated that there were no issues listed in the Water Quality report. Volume 62 - Page 600 City of Newport Beach Study Session and Regular Meeting March 22, 2016 Motion by Council Member Peotter, seconded by Council Member Curry, to 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. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon XVII. PUBLIC COMMENTS ON NON -AGENDA ITEMS Shana Breslau addressed the environmental and health issues related to spraying aerosol particulates into the sky in an effort to reduce climate warming. She discussed the chemicals in the aerosols and its effects on people and the environment. She presented photographs and documentation regarding the matter. Jim Mosher expressed opposition to the City of Irvine's agreement for trash importation. He also suggested clarifying the powers and duties of the City's Boards and Commissions. Sarah Sugden requested public disclosure or notice to the residents when geoengineering spraying will occur. XVIII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Petros reported that an Aviation Committee meeting will be held on March 28, 2016, at 4:00 p.m. in the Civic Center Community Room. Council Member Selich asked if the Local Commission on May 11, 2016. Community been confirmed, but that is the hope. XIX. PUBLIC HEARINGS Coastal Program (LCP) will be coming before the Coastal Development Director Brandt stated that it had not yet 15. Code Amendment to Change Setback Map No. S -2B (PA2015-196) - 3008, 3010 and .3012 Balboa Boulevard - Code Amendment No. CA2015-011) [100-2016] Community Development Director Brandt explained that the proposed amendment was for the purpose of correcting an error on setbacks in the Balboa Boulevard area. Mayor Dixon opened the public hearing. There being no testimony, she closed the public hearing. Motion by Council Member Petros, seconded by Council Member Peotter, to a) find that the amendment is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines - Class 5 (Minor Alterations in Land Use Limitations); and b) introduce Ordinance No. 2016-5, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code Related to Certain Front Yard Setbacks, and approving Code Amendment No. CA2015-011, and pass to second reading on April 12, 2016. The motion carried by the following roll call vote: Volume 62 - Page 601 City of Newport Beach Study Session and Regular Meeting March 22, 2016 Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon 16. Resolution Rescinding Underground Utility District No. 22 and Establishing Underground Utility District No. 22a - Balboa Boulevard between West Coast Highway and 22nd Street, Including Court Street between 21st Street and 20th Street [891100-20161 O Mayor Pro Tem Muldoon recused himself because his firm represents a telecommunication company and Council Member Curry recused himself because he owns stock in AT&T. Deputy Public Works Director Vukojevic explained the rescission of Underground Utility District No. 22 and establishment of Underground Utility District No. 22a. Mayor Dixon opened the public hearing. Jim Mosher questioned why Council Member Curry had to recuse himself. He discussed his previous viewing of horizon levels and use of utility poles as reference. He reminded Council of former Council Member Henn's desire for improvement in power reliability by undergrounding the poles, but stated that he has not experienced improved reliability. George Schroeder stated that he was affected by the utility district and indicated support for the undergrounding project. He asked about the project timeline. Assistant City Engineer Sinacori reported that they hoped to break ground in fall of 2017. Hearing no further testimony, Mayor Dixon closed the public hearing. Motion by Council Member Petros, seconded by Council Member Peotter, to a) adopt Resolution No. 2016-41, A Resolution of the City Council of the City of Newport Beach, California, Rescinding Underground Utilities District No. 22 and Establishing Underground Utilities District No. 22a (Balboa Boulevard between West Coast Highway and 22nd Street, Including Court Street between 21st Street and 20th Street) and Ordering the Removal of Poles, Overhead Wires, and Associated Overhead Structures within Underground Utility District No. 22a; and b) direct staff to initiate project implementation. The motion carried by the following roll call vote: Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros, Mayor Dixon Recused: Council Member Curry, Mayor Pro Tem Muldoon 17. Adoption of Sewer Rate Adjustment 1100-20161 City Manager Kiff reported that the Ordinance is the same proposal as previously presented. He requested that Council introduce the ordinance with the City Attorney's correction, City Attorney Harp explained that the amendment would establish the first rate increase at the same time as when the ordinance went into effect. Jim Mosher stated that he had submitted written comments, noted that he was not a sewer rate payer, believed that moving the rates from the ordinance to a resolution was a bad idea, and asked if Council was comfortable with the rate structure. He believed that the amount of water use was Volume 62 - Page 602 City of Newport Beach Study Session and Regular Meeting March 22, 2016 not a good indication of sewer use, the new rate structure unfairly burdens residential properties due to landscaping, and the City does not pay for use of the sewer system. Nancy Skinner indicated support for the proposed sewer rate adjustment and urged Council to support the matter. Council Member Curry discussed appropriate budget practices to prevent sewer service subsidization. Mayor Pro Tem Muldoon stated the City has revenue surplus that could be used to pay for the infrastructure. Council Member Peotter stated that the City should begin paying for its facilities and charge the enterprise fund for street work. He expressed opposition to increasing the fees. Council Member Curry believed it would be financial mismanagement to use the General Fund to subsidize ongoing operations. Motion by Council Member Curry, seconded by Mayor Dixon, to a) introduce amended Ordinance No. 2016-6, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 14.24.065 of Title 14 of the Newport Beach Municipal Code Pertaining to Sewer Use Charge, and pass to second reading on April 12, 2016; and b) adopt Resolution No. 2016-42, A Resolution of the City Council of the City of Newport Beach, California, Adopting New Sewer Service and Use and Consumption Rates Pursuant to Newport Beach Municipal Code Section 14.24.065 and Repealing Resolution Nos. 2016-20 and 2016-21. The motion failed by the following roll call vote: Ayes: Council Member Curry, Mayor Dixon Nays: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Petros, Mayor Pro Tem Muldoon XII. MOTION FOR RECONSIDERATION -None XXII. ADJOURNMENT -Adjourned at 8:05 p.m. in memory of Rick Kuhs The agenda 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 March 17, 2016, at 4:00 p.m. The amended agenda 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 March 18, 2016, at 9:00 a.m. City Clerk Recording Secretary Mayor Volume 62 - Page 603