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HomeMy WebLinkAbout01 - MinutesJuly 11, 2017 Agenda Item No CITY OF NEWPORT BEACH City Council Minutes Study Session and Regular Meeting June 27, 2017 I. ROLL CALL - 4:00 p.m. Present: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon II. CURRENT BUSINESS SS1. Clarification of Items on the Consent Calendar - None SS2. Recognition of AYSO Area Q EXTRA BU -10 Champions Mayor Muldoon presented certificates to Coach Jeff Muto, Coach Gary Gahm, and additional team members Carson Muto, Dennis Holland, Jake Meer, Niko Salomon, Peyton Lehner, Pierce Brown, Spencer Stokes, Tyler Showalter, Wyatt Gahm and Zach McCollum recognizing their recent successful season. Coach Jeff Muto thanked the Council for honoring the team. He commended the players for staying with AYSO and representing the Newport Beach community, even though they have higher opportunities with other soccer organizations. Coach Gary Gahm commended Coach Jeff on melding the group into a team. SS3. Certificate of Recognition to M.C. Sungalia, Recipient of the 2017 "Ellis Island Medal of Honor" ► WM, — Council Member O'Neill congratulated M.C. Sungalia on receipt of the medal of honor. Ms. Sungalia explained that the Ellis Island Medal of Honor celebrated the immigration experience and recognized other medalists. She thanked the Council for the recognition. SS4. Update on Possible Changes to Commercial Waste Franchise Agreements Municipal Operations Director Pisani presented a PowerPoint presentation summarizing the current collection system, goals for new franchise agreement, State laws governing solid waste, City responsibilities, and proposed conditions in the new franchise. Council Member O'Neill confirmed that the City would be including its obligations imposed by State law in the franchise agreements. He stated the regulations were related to commercial waste. Municipal Operations Director Pisani continued discussion of proposed new conditions and proposed operational improvements. In response to Council Member Dixon, Municipal Operations Director Pisani stated additional operators were not required in the cab. He stated the City had 33 operators with no cap. Municipal Operations Director Pisani displayed the map proposing the buffer zones around Newport Harbor High School. He presented the proposed franchise timeline and requested Volume 63 - Page 306 City of Newport Beach Study Session and Regular Meeting June 27, 2017 direction to staff. Council Member O'Neill questioned how much discretion the City had. Municipal Operations Director Pisani explained the State's requirements. City Attorney Harp stated staff was presenting items for Council direction that are within its discretion. Municipal Operations Director Pisani explained the proposal for three year agreements. City Manager Kiff stated that anticipated updates to regulations would allow incorporation of modifications. City Attorney Harp stated the agreements included a provision requiring haulers to follow State law. In response to Mayor Muldoon, City Attorney Harp explained the ability to terminate agreements. Council Member Peotter stated he was not in favor of requiring higher diversion rates than that required by the State. He indicated opposition to requiring haulers to haul all types of waste. Municipal Operations Director Pisani explained the purpose was to ensure adequate haulers would take the more complex waste. He stated CNG was not required for commercial; criteria is based on the size of fleets. Council Member Peotter stated he was not in favor of going above State requirements. In response to Council Member Peotter, City Attorney Harp explained the ban for trash hauler trucks around schools and churches. Council Member Peotter stated he did not see the need and it was discriminatory. He indicated support for the three-year term. Mayor Muldoon asked if the haulers had to have the capability not necessarily the ability to perform three types of hauling. Municipal Operations Director Pisani stated he had proposed that the haulers provide all three streams. Council Member Avery commended staff on the effort to improve neighborhood safety and stressed the need to balance safety with business practices. He asked the cost of monitoring cameras and in response, Municipal Operations Director Pisani, estimated a collision avoidance camera system to be $1000 and mirrors to be $300. He discussed New York City's requirement for forward mirrors. Council Member Dixon requested an update on A131826, organic waste. Municipal Operations Director Pisani stated the consultant was currently compiling the reports for the 2016 report due to the State on August 1, 2017. Council Member Dixon asked if there was opportunity to minimize truck trips. Municipal Operations Director Pisani explained the need for separate collections. Council Member Dixon indicated support for the church/school safety proposal. Council Member O'Neill asked if businesses with organic waste were required to recycle. Municipal Operations Director Pisani discussed the 4 cubic yards per week threshold. He responded that the three largest haulers had the capacity to collect all three types. He stated the purpose was to be able to document where the waste was going. Council Member O'Neill stated he could not support requiring all three collections. City Attorney Harp stated changes would come back as an update to the franchise agreement. Municipal Operations Director Pisani summarized the questions for Council consideration. Council Member O'Neill stated he did not support 1 and 3 or going above state mandated requirements. He indicated support for 2,4 and 5. Chris Vanderstar, Republic Services Recycling and Waste, indicated support for the City's proposals. Jim Mosher discussed decision making during study sessions. He assumed the reason for Volume 63 - Page 307 City of Newport Beach Study Session and Regular Meeting June 27, 2017 requiring the ability to collect all three waste types was to reduce the number of trucks operating in the City. He questioned the make-up of the Bicycle and Pedestrian Safety Committee. The Council discussed Question 1 regarding commercial hauler requirements and the entire Council rejected the proposal. The Council discussed Question 2 regarding the 3 -year term and Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member Peotter and Council Member O'Neill indicated support. The Council discussed Question 3 regarding diversion rates and the entire Council rejected the proposal. The Council discussed Question 4 regarding the requirement for a recycling coordinator. Municipal Operations Director Pisani explained the purpose for requesting a recycling coordinator. Council Member Herdman requested feedback from the haulers prior to the Council being asked to make a final decision. Council Member Dixon concurred. Municipal Operations Director Pisani stated haulers were not doing enough outreach regarding organics recycling. Council Member Herdman asked if the facilitator would assist in the reporting requirements. Council Member Herdman, Council Member Avery, Mayor Pro Tem Duffield and Council Member Dixon indicated support. The Council discussed Question 5 regarding additional safety equipment and all Council Members, except Council Member Peotter, supported the proposal. SSS. Update on Short Term Lodging Permits — Process and Enforcement Community Development Director Brandt presented a PowerPoint providing background on short-term vacation rentals, permit procedures, current permits, approved locations of allowed short-term rentals, active permits, updated website with interactive map, and internet effect on regulation. She discussed the recent San Francisco agreement with Airbnb and Homeaway. She stated Homeaway was willing to share listing information. In response to Council Member Dixon, Community Development Director Brandt stated Airbnb had not yet agreed. Community Development Director Brandt discussed use of the consultant, Host Compliance, to assist with online listings. In response to Mayor Muldoon, Community Development Director Brandt, discussed success of the proactive code enforcement. Council Member Herdman suggested the City require proof that the permit number was included on advertisement. Council Member Avery asked if grandfathered rights expired. Community Development Director Brandt stated there is no expiration unless the permit is revoked. Community Development Director Brandt discussed review of questionable listings. She summarized enforcement results to date. She discussed the proposed next steps. In response to Council Member O'Neill, Community Development Director Brandt explained that 78 offenders had stopped operation and would pay back taxes. Volume 63 - Page 308 City of Newport Beach Study Session and Regular Meeting June 27, 2017 Council Member Herdman stated he had received complaints from neighbors of short term rentals and suggested communication between the Police Department and Code Enforcement. Community Development Director Brandt stated coordination began last summer and if there was a pattern of issues the permit could be revoked. In response to Council Member Dixon, Community Development Director Brandt stated one to two complaints were reported per week. She discussed Finance part-time staff reviewing online listings and Code Enforcement focus on R1 zones. She stated they were making due with existing staff. Council Member Dixon asked if unused permits expired. Community Development Director Brandt stated it was a Council decision for separate discussion. George Schroeder discussed his experience as a landlord and property owner. He suggested having grandfathering provisions expire after 20 years and inactive permits expire after 5 years. Jim Mosher questioned the motivation for Homeaway's potential cooperative agreement. City Manager Kiff stated compensation was not proposed. Mayor Pro Tem Duffield commended staff. SS6. July 4th Update ice Police Chief Lewis introduced the item. Deputy Police Chief Birch presented a PowerPoint outlining the Police mission and goals to engage, educate, prevent and enforce. In response to Council Member Dixon, Deputy Police Chief Birch discussed efforts to mitigate the problem by going to the source of the illegal fireworks. Deputy Police Chief Birch continued the presentation discussing the Safety Enhancement Zone, Police deployment, citations and arrests. In response to Council Member O'Neill, Deputy Police Chief Birch confirmed that over 1000 pounds of fireworks had been seized. Chief Lewis discussed coordination with the Orange County Bomb Squad for storage. George Schroeder expressed his appreciation for the City's work to control issues on July 4th Council Member Dixon commended the Police Department. Recreation Manager Harmon presented a PowerPoint highlighting the free Th Annual 4th of July Family event and 45th Annual Mariners Park Independence Day Parade and Celebration. He thanked the 2017 planning committees and Mariners Elementary School. He thanked the Police and Fire Departments for their participation and for working on the 4th of July. III. PUBLIC COMMENTS - None City Attorney Harp announced that the City Council would adjourn to Closed Session to discuss the items as listed in the Closed Session agenda and read the titles. IV. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Government Code § 54956.9(d)(1)): 3 matters Volume 63 - Page 309 City of Newport Beach Study Session and Regular Meeting June 27, 2017 Paul Matheis v. City of Newport Beach Office of Administrative Hearings, Case No. 2016-070710 Paul Matheis v. City of Newport Beach Workers' Compensation Appeals Board Case No. ADJ7731364 Friends of the Fire Rings v. South Coast Air Quality Management District, et al. Orange County Superior Court Case No. 30-2013-00690328-CU-WM-CXC V. RECESSED - 5:45 p.m. VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon AV 1% VIII. CLOSED SESSION REPORT A City Attorney Harp reported that there were no reportable actions taken. IX. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Duffield X. INVOCATION - Council Member Avery 4 XI. NOTICE TO THE PUBLIC XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) Council Member O'Neill stated he attended the Newport Beach Chamber of Commerce Open House, Tip a Cop event, trolley preview and Staff Appreciation Lunch. He reminded the community that July 6 would be three years since the loss of Ben Carlson. He wished everyone a safe and sane July 41h. Council Member Dixon presented a PowerPoint showing the Balboa Peninsula Trolley launch, statistics and trolley service information. She discussed the recent Staff Appreciation Luncheon. She announced the upcoming Finance Committee meeting on June 29, 2017. Council Member Herdman stated he attended the Boys and Girls Club Leadership Breakfast and the Employee Appreciation Luncheon. Council Member Avery discussed the Harbor Commission dinner celebration for Doug West. He stated he attended the Employee Appreciation Luncheon. He discussed the success of the trolley launch and expressed confidence in the new Harbor Master, Dennis Durgan. Mayor Pro Tem Duffield presented a PowerPoint on the First Annual Bay Underwater Clean Up Collection at which over 1100 pounds of trash was collected. Mayor Muldoon stated he attended the US Conference of Mayors. XIII. PUBLIC COMMENTS ON CONSENT CALENDAR - None XIV. CONSENT CALENDAR Volume 63 - Page 310 City of Newport Beach Study Session and Regular Meeting June 27, 2017 READING OF MINUTES AND ORDINANCES 1. Minutes for the June 13, 2017 City Council Meeting [100-2017] Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. Ordinance No. 2017-10 Amending the Permit Process for Electric Vehicle Charging Stations [100-2017] a) Find the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2017-10, An Ordinance of the City Council of the City of Newport Beach, California, Adding Chapter 15.19 to Title 15 of the Newport Beach Municipal Code to Provide an Expedited, Streamlined Permitting Process for Electric Vehicle Charging Stations. _ RESOLUTION FOR ADOPTION 4. Resolution Authorizing the Temporary Closure of Selected Streets for the July 4th Holiday Period [100-2017] a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2017-44, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Temporary Closure of Back Bay Drive, the 100 Block of Orange Street from Traffic Off of Pacific Coast Highway, Via Oporto from Via Lido to 32nd Street, San Joaquin Hills Road Between Back Bay Drive and the Entrance to the Park Newport Apartment Complex, and Via Malaga Between Via Oporto and Via Lido. CONTRACTS AND AGREEMENTS 5. Irvine Avenue Pavement & Median Rehabilitation Project — Notice of Completion for Contract No. 5869 (15R16) [38/100-2017] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. (On June 14, 2016, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301); 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 the acceptance by the City Council. 6. MacArthur Boulevard Pavement Rehabilitation — Notice of Completion for Contract No. 5870 (15R27/Federal Project No. STPL-5151-030) [38/100-2017] a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On September 13, 2016, the City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(c); 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; c) Release Faithful Performance Bond one year after acceptance by the City Council; and Volume 63 - Page 311 City of Newport Beach Study Session and Regular Meeting June 27, 2017 d) Approve Budget Amendment No. 17BA-037 transferring $59,350.00 in project savings from Account No. 12201-980000-151115 (Dover Drive Pavement Rehabilitation) to Account No. 12201-980000-151127 (MacArthur Boulevard Pavement Rehabilitation). 7. Agreement Between Orange County Water District and City of Newport Beach Regarding Distribution and Sale of Green Acres Project Water (C-8506-1) [38/100-20171 a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve and authorize the Mayor and City Clerk to execute the agreement between Orange County Water District and City of Newport Beach regarding distribution and sale of Green Acres Project Water. Motion by Mayor Pro Tem Duffield, seconded by Council Member Herdman, to approve the Consent Calendar. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon XV. ITEMS REMOVED FROM THE CONSENT CALENDAR - None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Ann Parker indicated opposition to rezoning the St. James the Great Church property. Mayor Muldoon stated he supports the property being zoned for a church. Thom Treen addressed the Council regarding the shark infestation and asked the City's position. Jim Mosher discussed the City's allocation for fireworks. City Manager Kiff confirmed that the City was sponsoring the free fireworks show and residents were encouraged to attend. XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Mayor Pro Tem Duffield discussed the recent meeting of the Watershed Executive Committee at the Irvine Water District. Mayor Muldoon requested an update on the numerous shark sightings. City Manager Kiff discussed precautions were being taken regarding sharks. XVIII. CURRENT BUSINESS 8. Professional Services Agreements for Building and Fire Life Safety Related Services (C-8507-1 to C-8507-6) [38/100-20171 City Manager Kiff presented the staff report. In response to Council Member O'Neill, Deputy Community Development Director Jurjis explained the 2,300 active building permits and valuation. In response to Council Member Dixon, City Manager Kiff stated it would be less expensive to conduct in-house with a PEPRA employee. He explained the use of contractors and the need to Volume 63 - Page 312 City of Newport Beach Study Session and Regular Meeting June 27, 2017 discuss procedures in the future. Council Member Dixon requested additional information on the contract costs versus in house staff time. Council Member Herdman discussed concerns with the service of outsourced inspectors. Deputy Community Development Director Jurjis explained that inspectors were required to discuss issues with their supervisor. City Manager Kiff commended staff on managing the contractors and reducing complaints. Jim Mosher asked if there was a uniform schedule of fees for plan check or inspection. He questioned the staff recommendations and process for selection of contractors. He questioned if the firms employed people who previously worked for the City. Motion by Council Member Dixon, seconded by Mayor Pro Tem Duffield, a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with The Code Group, dba VCA Code, for an annual amount of $275,000 with a not to exceed amount of $825,000 (C-8507-1); c) approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with Jason Addison Smith Consulting Services, Inc., dba JAS Pacific, for an annual amount of $280,000 with a not to exceed amount of $840,000 (C-8507-2); d) approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with Interwest Consulting Group, Inc. for an annual amount of $160,000 with a not to exceed amount of $480,000 (C-8507-3); e) approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with MRH Structural Engineers, Inc. for an annual amount of $320,000 with a not to exceed amount of $960,000 (C-8507-4); f) approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with SRG Geoscience, Inc. for an annual amount of $200,000 with a not to exceed amount of $600,000 (C-8507-5); and g) approve and authorize the Mayor and City Clerk to execute a three-year professional services agreement with Pacific Fire Engineering, Inc. for an annual amount of $100,000 with a not to exceed amount of $300,000 (C-8507-6). The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member O'Neill, Council Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon 9. Board and Commission Scheduled Vacancies - Confirmation of Nominees [24/100-20171 City Clerk Brown presented the staff report. In response to Council Member O'Neill, City Clerk Brown recommended the incumbents fill the full term and new applicants receive the short term. Jim Mosher stated he did not recall the City Council Ad Hoc Appointments Committee being formally appointed and ratified. In response to Council Member Dixon, City Clerk Brown explained that the Council was voting for one member on the Civil Service Board. Council Member Dixon thanked the 110 applicants, 40% of which were women. City Clerk Brown read the ballot votes for the Board of Library Trustees as follows: Douglas Coulter — Avery, Dixon, Peotter, O'Neill, Duffield, Muldoon Hugh Logan — Herdman Volume 63 - Page 313 City of Newport Beach Study Session and Regular Meeting June 27, 2017 City Clerk Brown announced that Doug Coulter was reappointed to the Board of Library Trustees for a four-year term. City Clerk Brown read the ballot votes for the Building and Fire Board of Appeals as follows: Brion Jeannette — Herdman, Avery, Dixon, Peotter, O'Neill, Duffield, Muldoon Richard Luehrs — Herdman, Avery, Dixon, Peotter, O'Neill, Duffield, Muldoon Audrey Cook — Herdman, Avery, Dixon, Peotter, O'Neill, Duffield, Muldoon City Clerk Brown announced that Brion Jeannette and Richard Luehrs were reappointed and Audrey Cook was appointed to the Building and Fire Board of Appeals. City Clerk Brown read the ballot votes for the City Arts Commission as follows: Lynn Selich — Herdman, Avery, Dixon, Peotter, O'Neill, Duffield, Muldoon Michael Kerr — Herdman, Avery, Dixon, Duffield Miriam Baker — Avery, Peotter, O'Neill, Muldoon Grace Divine — Herdman, Peotter, O'Neill, Duffield Marie Little — Dixon, Muldoon City Clerk Brown announced that Lynn Selich was reappointed to the City Arts Commission for a four-year term, and there would be a second ballot vote for the remaining two seats between Michael Kerr, Miriam Baker and Grace Divine. City Clerk Brown read the ballot votes for the Civil Service Board as follows: Jane Della Grotta — Herdman, Avery, Dixon, O'Neill Howard Herzog — Peotter, Duffield, Muldoon City Clerk Brown announced that Jane Della Grotta was appointed to the Civil Service Board for a four-year term. City Clerk Brown read the ballot votes for the Harbor Commission as follows: David Girling — Herdman, Avery, Dixon, Peotter, O'Neill, Duffield, Muldoon Marie Marston — Avery, Dixon Donald Yahn — Herdman Ira Beer — Peotter, O'Neill, Duffield, Muldoon City Clerk Brown announced that David Girling was reappointed and Ira Beer was appointed to the Harbor Commission. City Clerk Brown read the ballot votes for the Parks, Beaches and Recreation Commission as follows: Walter Howald — Herdman, Avery, Dixon, Peotter, O'Neill, Duffield, Muldoon Heather Ignatin — Herdman, Avery, Dixon, Peotter, O'Neill, Duffield Diane Daruty — Muldoon City Clerk Brown announced that Walter Howald was reappointed and Heather Ignatin was appointed to the Parks, Beaches and Recreation Commission for a four-year term. City Clerk Brown read the ballot votes for the Planning Commission as follows: Volume 63 - Page 314 City of Newport Beach Study Session and Regular Meeting June 27, 2017 Elizabeth Kiley — Herdman, Avery Lauren Kleiman — Herdman, Dixon, O'Neill, Muldoon Lee Lowrey — Dixon, Peotter, O'Neill, Duffield, Muldoon Curtis Elmore — Avery, Peotter, Duffield City Clerk Brown announced that Lauren Kleiman and Lee Lowrey were appointed to the Planning Commission for four year terms. City Clerk Brown read the second ballot votes for the City Arts Commission as follows: Michael Kerr — Herdman, Avery, Dixon, Duffield Miriam Baker — Avery, Peotter, Dixon, O'Neill, Muldoon Grace Divine — Herdman, Peotter, O'Neill, Duffield, Muldoon City Clerk Brown announced that Miriam Baker and Grace Divine were appointed to the City Arts Commission for a four-year term. Motion by Mayor Muldoon, seconded by Council Member Herdman, to have the incumbents to the Building and Fire Board of Appeals (Brion Jeannette and Richard Luehrs) and the Harbor Commission (David Girling) receive the four-year terms, have the newly -appointed member to the Building and Fire Board of Appeals (Audrey Cook) receive the term that expires on June 30, 2019, and have the newly -appointed Harbor Commissioner (Ira Beer) receive the term that expires on June 30, 2018. The motion carried by the following roll call vote: Ayes: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member O'Neill, Council Member Peotter, Mayor Pro Tem Duffield, Mayor Muldoon XIX. MOTION FOR RECONSIDERATION - None. XX. ADJOURNMENT - 8:00 p.m. 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 June 22, 2017, at 4:00 p.m. City Clerk Mayor Volume 63 - Page 315