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Home My WebLink About04/22/2014 - Study SessionCity Council Minutes Study Session April 22, 2014 - 5:00 p.m. I. ROLL CALL Present: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Mayor Pro Tem Selich, Mayor Hill Absent: Council Member Daigle (excused) II. PUBLIC COMMENTS Jim Mosher commented on the number of different fees within the City's Master Fee Schedule and believed that, like the Records Retention Schedules, the document is disorganized. He took issue that the City is renting the old City Council Chambers as a worship site, and voiced concerns regarding the relationship between church and State. He questioned if the City is subsidizing the growth of that group by offering them a place of worship at less than the City's cost and such subsidy is prohibited by the State Constitution. For each room rented, staff has proposed seven different rates for different kinds of groups, even though the Municipal Code requires that all rentals cover 50% of the City's cost. He added that the new Community Room has been rented without a Council- approved rate. Council Member Curry commented on the proliferation of bars on the Peninsula and people congregating in front of houses and smoking, which affect the area and property values. He commented positively on the facility rental for use by a church, noting it enhances the quality of life for everyone. He reported that the building has been abandoned and the group cleaned it for free, that it would otherwise remain unused and added that he believes they are doing a great service for the community. He believed that Mr. Mosher's comments are misplaced. Council Member Henn stated that he does not care about what is being charged for that specific facility and agreed with Council Member Curry's comments. Council Member Gardner stated that her only concern is consistency in the fees charged Council Member Curry agreed. III. STUDY SESSION SS1. Clarification of Items on the Consent Calendar Council Member Gardner referenced Item 6 (San Miguel Park Restroom Building Replacement Project) and hoped that staff will take the opportunity to use more permeable surfaces for good water - management practices. She referenced Item 14 (Quarterly Business Report), noting all expenses are decreases except the last line that indicates an increase of 489 %. City Manager Riff stated he will have staff look into the matter. Volume 61 - Page 534 City of Newport Beach City Council Study Session April 22, 2014 SS2. Landscape Concept for Dover Drive Median Rehabilitation [100 -2014] Public Works Director Webb provided a brief background and deferred to staff for a report. Assistant City Engineer Sinacori presented information regarding the Dover Drive sewer replacement project and addressed the schedule, unexpected issues encountered, expected project completion, road closures, and the collaboration with the Orange County Sanitation District (OCSD). Assistant City Engineer Sinacori reported that OCSD will be invited to provide an update at a future Council meeting. He addressed suggested detours, completed sections of the project, and OCSD's responsibility to cooperate with the City. He introduced consultants Dave Grantham from Civil Works Engineers and Tomas Munoz from Nuvis. Dave Grantham provided a PowerPoint presentation, addressing location, project objectives, project improvements, median landscape area comparison, median landscape layout, and proposed landscaping theme. Brief discussion followed regarding the Irvine Avenue theme. Mr. Grantham addressed proposed median trees, typical median layout, and typical plants. In response to Mayor Pro Tom Selich's inquiry regarding any considerations on the future access to Lower Castaways, Public Works Director Webb stated that staff reviewed the matter and discussed the possibility of having a left -turn. He added there is no way to place a median opening in that location. Council Member Petros stated that he is pleased with removing some of the concrete off the islands and planting them. He is concerned that the planting is not something that disrupts the natural setting that is already there but that blends in with it. Members of Council commented positively on the concepts. Jim Mosher noted that OCSD has a portable trailer with a sign at the intersection of Irvine Avenue and Highland displaying the Dover Drive closure. He reported that the trailer is on the Costa Mesa side of the street but is completely blocking the southbound bike lane and suggested that it be placed in the median. He believed that replacing the eucalyptus trees on Irvine Avenue with palm trees is not an improvement and indicated that he was pleased to learn that the pine trees are going to be retained. SS3. Records Retention Schedules [100 -2014] City Clerk Brown provided a PowerPoint presentation to discuss the report, provide a brief history of the Records Retention Schedules (Schedules), and highlight what has not changed and proposed changes. Council Member Henn stated that there has been implication that staff has changed Council Policy to reduce the amount of records that have been retained and requested clarification. City Clerk Brown reported that in practice there were inconsistencies with current Council Policies so the Schedules were amended to follow Council Policies and State law. She added that in this regard, nothing has changed since 2011. She reported that individual departments were not completely following the Schedules and were keeping some of their audio recordings online. City Attorney Harp added that the Policy did not change, but rather how it was being implemented by the different departments. Volume 61 - Page 535 City of Newport Beach City Council Study Session April 22, 2014 In response to Council Member Gardner's question regarding retention of audio tapes for 30- days versus one year, City Clerk Brown indicated the limit can be changed if directed by Council, but that one year would be the longest time recommended. Council Member Gardner expressed concerns regarding future changes and amendments by the City Clerk and City Manager and suggested involving the City Attorney. In terms of things that the public is most concerned with, she wondered if it is a good idea to have the City Clerk and City Manager change the Schedules. City Clerk Brown clarified that this would relate to new laws and items needing to be changed for consistency. She added that such items could be brought before Council. Council Member Gardner indicated she would be interested in looking at the language and ensuring that everyone feels comfortable that there is not a clashing between City Administration and City Council. Council Member Henn suggested making it clear in the language that staff does not have the authority to reduce the retention of records or eliminate any line item. Further, that staff's amendment authority is to add records or assure compliance with State law changes. For these items, he recommended providing a listing to Council as a "receive and file" item. Mayor Pro Tem Selich expressed concerns regarding retaining audio recordings for a longer period of time; however, after discussions with the City Manager and City Attorney, he agrees with staffs recommendation. Discussion followed regarding the length of time to retain audio recordings and the possibility of retaining them longer than 30 -days. Council Member Curry noted that audio recordings are kept until minutes are produced and stated that he has never gone back and listened to an audio recording of a committee meeting. City Manager Kiff pointed out that not all meetings are recorded, such as the Aviation Committee. He noted that the recommendation for meetings that are recorded is to retain them for one year. Ensuing discussion pertained to meetings that are recorded. City Manager Kiff emphasized that the minutes, as adopted, are the official transcripts of meetings. Council Member Henn commented on the variation in minute - taking styles and expressed support for retaining audio recordings for one year. Jim Mosher commented on the City of Bell and the importance of retaining enough records to be able to piece together what goes wrong. He stated that California law prohibits the destruction of the people's records without authorization from Council, and noted that current and retained records is the key to transparency. He commented on the copyrighting of the Schedules by an outside consultant, pointed out that the Schedule indicates when records can be destroyed but does not authorize the destruction, and commented on the cost of electronic storage. City Attorney Harp announced that Council will adjourn to Closed Session to discuss the itexp as listed in the Closed Session agenda and read the title. Volume 61 - Page 536 City of Newport Beach City Council Study Session April 22, 2014 IV. ADJOURNMENT - 5:48 p.m. The agenda for the Study Session was posted on the City's website, on the City Hall Electronic Bulletin Board located in the entrance of the City Council Chambers at 100 Civic Center Drive, and in the Meeting Agenda Binder located in the entrance of the City Council Chambers at 100 Civic Center Drive on April 17, 2014, at 4:00 p.m. City Clerk 09h ,, , P W Recording Secretary A Mayor Volume 61 - Page 537