HomeMy WebLinkAbout11/23/2004 - Study SessionCITY OF NEWPORT BEACH
City Council Minutes
Study Session
November 23, 2004 -4:30 p.m.
INDEX
ROLL CALL
Present: Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway
Absent: Heffernan (excused)
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Council Member Webb noted that he asked for clarification regarding Item 3
(Fats, Off and Grease Control). Acting City Attorney Clauson reported that, if the
item is not pulled from the Consent Calendar, she could note the amendments
before Council acts on the Consent Calendar.
Regarding Item 3, Council Member Nichols asked when the older restaurants had
to meet the same standards as newer restaurants. Assistant City Manager Kiff
indicated that the proposed ordinance does not require the older restaurants to
implement a grease interceptor; however, it requires them to participate in the
permit program in order to discharge grease. He reported that, if the restaurant
already has an interceptor, they would pay a nominal fee to cover the inspection
costs, but if they don't have an interceptor, the fee would cover the cost of
increased line maintenance near their restaurant. He reported that they would
take the overall cost of the Hotspot Program and divide this by the number of
restaurants that don't have grease interceptors but need them. He noted that this
equates to about $400 a year. Council Member Nichols stated that he wants
people to know that the ordinance does not require older restaurants to put in the
grease interceptors that's required for the new restaurants. Mr. Kiff indicated
that Council Member Nichols may want to pull the item tonight to make people
aware of this.
In response to Council Member Nichols' questions regarding Item 4 (Modification
Permit Procedures), City Manager Bludau stated that the Zoning Administrator is
included in the ordinance, the ordinance is going for second reading tonight, and
the Planning Director will determine who the Zoning Administrator will be.
Regarding Item 5 (Park Facilities), Council Member Nichols asked whether it's a
violation if someone who doesn't have a permit uses a field that can be put under
permit. Mr. Bludau stated that this would mean that anyone using the park
without a permit would be cited. He clarified that people can use any field
without a permit, as long as it's not closed for maintenance purposes and no one
else has a permit to use the field. Ms. Clausen added that a person can be cited if
they refuse to give up a permitted area to the person with the permit. Mr. Bludau
reported that the Park Patrol Officers know who has a permit before they go out
in the field. Recreation and Senior Services Director Knight confirmed that, in
the previous ordinance and in the proposed ordinance, a person can be cited if
they do not have a permit for a facility that requires one, i.e. all park buildings.
Further, a permit is required for any ongoing, regular athletic league. She
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confirmed that, if someone were to use any part of the Oasis Senior Center, they
also need to go through the permit process. Council Member Nichols asked if a
person would be cited without due notice. Ms. Knight reported that the Park
Patrol Officers are under the guidelines to always issue written warnings first,
unless there is a safety hazard, a repeat violator, or a parking violation.
Council Member Nichols requested clarification regarding Item 6 (General Plan
Initiation). Assistant City Manager Wood reported that this is the standard
procedure when the initiation is a City - initiated amendment. She stated that
these are clean -up items to the Housing Element and will be a General Plan
Amendment on its own. She clarified that Council's vote tonight is to determine
whether to initiate the General Plan Amendment which entails directing staff to
do the work to draft it and letting the Planning Commission determine whether it
should hold a public hearing on it and make a recommendation to Council. She
confirmed that this would be separate from the General Plan Update because it is
only clean -up to one Element and there are no land use implications.
2. 2004 DRINKING WATER QUALITY REPORT ON PUBLIC HEALTH
GOALS.
Utilities Director Davidson reported that these reports are done in three year
cycles and all cities have these types of constituents exceeded in the water
systems. He reported that provisions of the California Health and Safety Code
require that any public water system serving more than 10,000 service
connections must prepare a special report to their council if their water quality
measurements have exceeded any Public Health Goal (PHG). He noted that
PHGs are non - enforceable goals established by the California Office of
Environmental Health Hazard Assessment (OEHHA) and they do not have to be
met by any public water system. Mr. Davidson reported that the California
Drinking Water Act addresses enforceable standards by setting Maximum
Contaminant Levels (MCL) or Action Levels for nearly 200 regulated constituents
in drinking water. He pointed out that the City has not exceeded any of these
regulated standards. He noted that his report is required to state if a constituent
was detected in the City's water supply between 2001 and 2003 at a level that
exceeds any applicable PHG.
Mr. Davidson reported that the City had four constituents that exceeded the PHG
(copper, lead, uranium, and coliform bacteria). He noted that copper and lead are
corrosion byproducts, and they do not generally occur in significant amounts in
any water source. He noted that the PHG for copper is .17 mg per liter (one part
per million) and 2 ug per liter (one part per billion) for lead. He stated that they
only had to do one year of testing for copper and lead in the three year cycle,
reporting that copper was .3 mg per liter which was above .17, but was below the
1.3 MCL standard. He reported that lead was 9 ug per liter, but was below the
15 MCL standard. Mr. Davidson believed that the City's water system is in full
compliance with lead and copper standards. He reported that uranium's PHG
standard is .5 pCi per liter and the MCL is 20 pCi per liter. He stated that
uranium naturally occurs in groundwater and that it has been detected in all four
wells in Fountain Valley with a range of 2.6 to 13 pCi per liter. Mr. Davidson
stated that, according to the California Department of Health Services, drinking
water that meets the MCL on uranium is considered to have little or no risk, and
is considered safe. Mr. Davidson reported that, in 2001, 2002, and 2003, they
collected and tested about 4,500 samples for coliform bacteria. He stated that the
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only sample that tested positive for coliform bacteria but negative for fecal
occurred in September 2003. He indicated that they added chlorine to all the
water sources to kill the bacteria and ensure that the water is microbiologically
safe.
Mr. Davidson reported that the drinking water in Newport Beach meets all
California Department of Health Services and United States Environmental
Protection Agency drinking water standards; therefore, there is no action
proposed.
Council Member Nichols stated that one of his neighbors told him that there were
little bugs swimming in her bathtub and asked if this was coliform bacteria.
Utilities Operations Manager Antista indicated that coliform bacteria cannot be
seen. He stated that the bugs could've been midge fly, but that this was unlikely
because the reservoir has been covered.
In response to Council questions, Mr. Antista and Mr. Davidson confirmed that
they drink the City's tap water. Mr. Antista noted that the Metropolitan Water
District tests for perchlorate levels and the City's level is well below the PHG. He
confirmed that the City does not put fluoride in the drinking water. Regarding
the 4,500 sample sites, he stated that they recently completed a new water quality
monitoring plan that was approved by the State Health Department. He reported
that they sample 29 house taps weekly that are representative of the distribution
system. Mr. Antista noted that the City does not have any lead services from the
main storm meters, but reported that lead solder is probably the biggest
contributor to the lead in the water and corrosion in pipes is probably the
contributor of copper. He noted that new solder is lead -free, so the newer homes
do not have this problem. Council Member Nichols reported that it is basically
impossible to get lead poisoning from water.
Mr. Antista reported that they started the cover project at the Big Canyon
Reservoir on Friday and it is now in service. He added that they are disinfecting
the water with chloramines which will improve the taste of the water and
eliminate any odor problems. He reported that the cover also eliminates airborne
contaminations. He stated that the City now has a fully - operational,
220 million gallon reservoir. Mr. Antista reported that, if the City's water were
cut -off, the reservoir would last about seven days with normal use and up to 30
days with rationing. He stated that Newport Beach is one of the only cities in
California with this type of backup storage. Mr. Davidson added that the City
also has generators to move water to every zone in the City. He noted that the
hazardous chlorine gas has also been eliminated and they are now using liquid
chlorine.
3. NEWPORT BEACH IDENTIFICATION (NBID) PROGRAM [POWERPOINT
PRESENTATION].
Revenue Manager Everroad utilized a PowerPoint presentation, reporting that
the identification program was conceptualized in 1987 when it was realized that
each department had information that other departments could use if there was a
way to communicate the information. He stated that the GIS division identified
attributes associated with parcels in the City, but they wanted to look at
attributes associated with entities in the City. He noted that, throughout the
City, databases were created for services like the fire /medic subscription program,
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the Police alarm system, utilities billings, dog licenses, and business licenses
which related to an entity and not a parcel. Mr. Everroad indicated that he
wanted to do this program because there was a decentralized data management
system, no connectivity between the databases, revenue leakage, poor customer
service, and they weren't sure what they knew about the customers. He
confirmed that the customer's privacy is protected because they are bound by
municipal code and State law that restricts the type of information that can be
made public. He reported that this information is not accessible to the public and
is only available to certain City staff via the intranet.
Mr. Everroad reported that the program was developed because of AB 990 which
provided access to Statewide sales tax registration information and AB 63 which
provided information about Franchise Tax Board (FTB) filings by business entities
located in the City. Further, there were revenue leaks that could lead to
additional revenue and there were refunds made by the City without verifying if
there were account receivables associated with the entity. He reported that the
City has 20 calendar days to respond to a bankruptcy filing to list its claim;
however, it takes 20 days to run the interdepartmental mail through the entire
organization. Mr. Everroad stated that they compared the 1.4 million State Board
of Equalization (SBE) records to the City's 16,000 business licenses and
determined that there were 2,578 unlicensed businesses and 536 unregistered
sellers in the City. He reported that they also compared the 28,000 FTB records
with the City's business licenses and determined that there were almost 14,000
unlicensed businesses in the City. Mr. Everroad reported that this equated to
$280,000 in unlicensed businesses, $2 million in misallocating /unregistered
sellers, and $470,000 in FTB unlicensed businesses that the City was not
receiving in revenue.
Mr. Everroad indicated that they asked the vendor who was reconciling the data
whether they could take the seven different accounts receivable databases and
compare them to each other so like- customers could be identified. He stated that
the 380,000 receivable records were compared based on the Federal Employer
Identification Number, social security number, name, etc.; they were assigned a
unique Newport Beach Identification (NBID) number; and a web- accessible
program was created that allows City staff to enter a customer's name or other
information so they could review the accounts associated with that particular
customer. He indicated that 103,000 customers had similar clusters. He
reiterated that MIS provided staff with web access to this information and created
search options so staff could look up information using the NBID or a unique
identifier associated with the customer. Further, they could also search databases
that have not been linked to the system. He indicated that once they made the
connections and determined all the accounts associated with the individual, they
were able to consolidate the customer's bills with up to 22 different services,
rather than send separate billings.
Mr. Everroad reported that any customer service representative can look up all
the different services a customer has, when the customer was last billed, when the
City received their last payment, what balance is due, etc. He stated that
previously, when a customer wanted to change their information, like a phone
number, they had to speak to every customer service representative associated
with the different services to communicate that information; however, now one
person can update seven different databases in the accounts receivable area.
Mr. Everroad reported that about 600 customers a month use the Master ID
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system either via the internet or by telephone, and pay their bills online.
Mr. Everroad reported that they can now develop business license tax liens,
associate closed accounts with active accounts, and connect accounts receivable
with accounts payable. He stated that they identified almost $20,000 in accounts
payable that would've gone out. He reported that the system can also track how
much money they've been able to generate due to the system and create customer
reports so the customer service staff can clear outstanding receivables. Mr.
Everroad emphasized that the benefits include providing immediate information
to the customer service staff and there are billing efficiencies resulting from
consolidating the receivables onto a single statement. He reported that they
moved $97,000 in debt that they almost wrote off to current customer accounts
because they found they were still customers with the City in some capacity. He
pointed out that over $100,000 of bills are being paid a month via the internet,
$750,000 was found in business license tax, and almost $2 million was found in
new sales tax resulting from this program. Mr. Everroad believed that, in the
future, the system could flag a customer's account due to outstanding issues with
the City, i.e. pending litigation; associate all the revenues generated by an entity;
consolidate email addresses; and list customer requests. Mr. Everroad noted that
they implemented the system over the last year and a half without adding staff in
the MIS or Revenue Divisions.
In response to Council questions, Mr. Everroad confirmed that they classify
businesses using the Federal Standard Industrial Classification System. He
reported that the City pays a discounted fee to the credit card companies for
online payments, pointing out that the agreements with the companies prohibits
them from passing this fee on to the customers. He noted that the City has been
doing this for the last 12 or 13 years. He indicated that they have been asked to
provide information related to tax payments, receivables, etc., but reported that
sales tax information is prohibited from public dissemination. He added that the
personal information about business owners will not be given out. He confirmed
that the largest volume of their records came from the State Board of Equalization
and the Franchise Tax Board, but noted that most of the information that staff
throughout the City has been interested in comes from databases that they
maintain within the City. Mr. Everroad explained that the information on the
intranet can be accessed by any City staff, but the person would need to request
access, the software has to be loaded individually, and MIS will provide them with
a- password. He stated that this information is available to staff who provide
direct customer service.
Mr. Everroad reported that this system was recognized by the League of
California Cities this year for its innovation and added that he has made several
presentations on the system.
In response to Council questions, Mr. Everroad stated that the seven receivable
databases are managed by the same department and when a customer wants
information changed, it is now changed in all seven databases at one time.
However, for the other databases, i.e. alarm system or medic services, a customer
service representative can access the system, but it only informs them that the
customer's information has been updated and asks them if they want to update
their database. They must elect to use this information to update their database.
He explained that some of the databases are proprietary and don't have the open
architecture that allows them to push the data in and update their records. He
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confirmed that the cost savings for not mailing several bills to a customer has
been huge. Further, they can even eliminate some of the mailing costs because
they can email statements to customers. He added that there are 6,000 to 7,000
customers who has the City automatically debit their credit card or checking
account. He stated that there are customers who insist on paying their bills at
City Hall, but the City could create some type of incentive for them to use the
online system. Mr. Everroad reported that it takes four to five days to get the
payment into the City's account.
Mayor Ridgeway asked the City Attorney's office to work with Mr. Everroad and
look at other cities and governmental agencies who are treading into this type of
database information to make sure everyone in the database is protected from
identity theft. Mr. Everroad pointed out that they have not collected any
additional information, but created a system to access the information that they've
already collected. He agreed that this type of innovation creates opportunity that
they hope will never be acted on. However, the City has an obligation to ensure
that it is protecting confidential information because they could lose the
opportunity to collect this information from the State if there is any breach of
security. He reported that they sign affidavits with the State, identifying the
specific entities that will be receiving this information. He confirmed that a staff
member cannot pull up an individual's social security number, but they can look
up the name and the address. He indicated that MIS would be able to determine
how many people in his department and the rest of the City have access to social
security numbers and driver's license numbers, but those users typically have
access to that information anyway. He stated that he can bring back a report
about the security measures that are currently in place. Mr. Bludau reported that
the Police Department has internal controls and not everyone has access to
driver's license information.
PUBLIC COMMENTS - None.
ADJOURNMENT - at 5:50 p.m to Closed Session.
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The agenda for the Study Session was posted on November 17, 2004, at 2:00 p.m.
on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
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Recording Secretary
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Mayor
City Clerk V �_
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