HomeMy WebLinkAbout01 - Minutes - 05-08-2007Agenda Item No. 1
May 22, 2007
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
May 8, 2007 — 4:00 p.m.
I. ROLL CALL
II.
Present: Council Member Henn, Council Member Curry,
Council Member Webb, Council Member Daigle,
I. CLARIFICATION OF ITEMS.ON
In response to a question by Coun
Manager Wood noted the staff report conl
recommends the appointment of Charles
the Economic Development C ittee.
2. BUDGET OVERVIEW.
Tem Selich, Mayor Rosansky,
fiber Gardner
regarding I 3, Assistant City
,vaphical err , and the. committee
as the At -Large representative to
Administrative Services Director ner P AerPoint slide show pertaining to the
City Charter bud ovisions; ne op me d pending issues; organizational chart;
items include included i he budge , one -time expenditures for the 2007 -08
budget; re ring Co grants in ded in the budget; expenditures removed from the
2007 -08 udget dparation p ; total City budget structure; General Fund- -
major revenue a ce, and s ial reserve funds; revenues and how they are
budg xpendx i; are estimated; supplemental budget requests;
b ' e 'ons an ' positions; and the net cost of full-time position
anges. H the. t documents are available online at the City's website:
Vthise o C ' que 'as regarding receipt of approximately $7.5 million from the
nge the station, City Manager Bludau stated that the $5.5 million not
e bu t is new money, the amount for the land value ($1.5 million) has
recei and the $2.5 million for the station would be on top of this $5.5
her Daigle noted the staff report regarding annexation (to be discussed
) indicates Supervisor Moorlach conceptually approved $7. 3 million in
Manager Bludau added that $9.6 million ($4.1 million from the prior
agreement and $5.5 million from the new agreement) is anticipated to be received from the
County of Orange. Mayor Pro Tem Selich stated that Assistant City Manager Kiff had
previously prepared a chart on fire station funding sources, costs, and County
commitments and requested that this be updated and presented to Council..
City Manager Bludau spoke to the supplemental budget requests noting that $3.2 million in
requests were submitted, and he approved $1.7 million in requests. He added that the
$622,404 approved for Recreationmas due to the Newport Coast community center coming
on line and the need to fund positions to staff the facility, as well as equipment purchases.
These positions, in addition to ones proposed for General' Services, will be discussed later
and are due to assuming responsibilities associated with the Newport Coast.
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City of Newport Beach
Study Session Minutes
May 8, 2007
In response to a question by Council Member Gardner, City Manager Bludau stated the
difference in the requested and approved funding for Fire is mainly due to the hiring of
three firefighters, which he did not feel the budget could support, as other needs were more
pressing. Regarding questions pertaining to the Library, City Manager Bludau stated that
no changes in Sunday's operating hours are proposed, and the proposed funding will be used
for installation of a book drop at Mariner's Library, window replacements at the Balboa
branch, a new vehicle to get between the central and branch libraries, a couple of part -time
positions, and for servicing the Newport Coast.
Council Member Daigle requested that staff reseaSchan et Council on the cost to open
the library one hour earlier on Sundays. Councinn requested the line item
detail on the approved and unapproved supplemen uests.
In response to Council questions, Adr
the budget base line is established and
City Manager Bludau reviewed the ne NAttor
noting that the net cost of the full -tim
In response to a question by Mayor Pr
concept behind deletion of th uty C
direct needs of the department sing that p
legal aspects of the job and pu salary
account.
Council Member dvised that 6 -07 es
nine -month p o dministre a Services
will be tort in the 1 budget d ent.
3. CIP
Danner explained how
partment's budget.
d (2) positr g recommended,
is $195,238. Va
City Attorney Clauson stated that the
as to amend the budget to reflect the
with a paralegal to handle the non-
Z to their outside legal services
department expenditures are for a
r Danner stated that these figures
qth�i:s irect dum drsed a PowerPoint slide show providing an overview of
Cap provement Program (CIP) as a tool for project planning CIP
m CIP; y issues; constraints; workload management; current CIP
s ; pr sed FY 2007108 CIP; new CIP format organized by primary
enefit w a propropriations, rebudgets, and highlights for facilities; streets
; tr parkstharborsibeaches; water quality and environmental; water and
nd cellaneous. In summary, new appropriations are at $22,587,000 and
9,135 for a total of $37,$1:6,135 for 87 existing and 54 new projects. He
al is 6.8% less than the FY 06107 approved CIP.
In response to a question by Council Member Henn, Public Works Director Badum stated
that rebudgeted projects include those that extend for many years or those that were not
able to be completed in that year. Council Member Webb added that retirements and
personnel leave may also have contributed to the need to rebudget projects. As requested by
Council Member Henn, Director Badum indicated he will address the major rebudgeted
projects when reviewing each category and indicate the reason for rebudgeting. He advised
that a schedule has been included in the CIP document to assist in measuring performance;
and staff will provide quarterly updates to Council on project status. He noted the proposed
CIP does not include some of the major projects (i.e., Newport Center Park, Mariner's Park,
Sunset Ridge Park) which are pending Council prioritization and will be brought
back following Council direction.
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III.
IV
City of Newport Beach
Study Session Minutes
May 8, 2007
Pertaining to the budget, Council Member Henn requested that prior to the next budget
discussion, staff provide a profit and loss presentation on water, wastewater, and refuse
collection that identifies the revenue line, operating expenses, CIP, and reserve changes. He
requested this presentation include an 06/07 estimate and 07/08 budget. He also asked that
Administrative Services Director Danner or his staff work with him to get a better
understanding of the reserve changes in the internal service funds.
In response to a question by Council Member Curry, City Manager Bludau stated that the
.next study session will start with a more detailed discussion the CIP projects.
PUBLIC COMMENTS - None
ADJOURNMENT - 6:00 p.m.
The agenda for the Adjourned Regular Meeting was
Hall Bulletin Board located outside of the City of NA
City
Volume 68 - Page 134
May 2, 7, at 2:00 p.m. on the City
h Adm' ion Building..
CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 8, 2007 — 7:00 p.m
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 6:00 pm
III. RECESS
IV. RECONVENE AT 7:00 P.M. FOR E R MEETING
V. ROLL CALL
Present: Council Member Henn, Co ember Curry, Mayor Pr em Selich, Mayor
Rosansky, Council Member Council Member Daigle, Council Member
Gardner
VI. CLOSED SESSION E O ie
VII. PLEDGE OF ALLEGIANCE Con c* er
VIII. INVOCATIO verend Dr. en Short, or Christian Church
DL ESEN IO
Peggy Fo d Dan Marches , owner of Arches Restaurant, outgoing President and
founder of in Ne Beach; and, introduced incoming President, Sheri
a' tio; an City of Newport Beach for its ongoing support.
Joyce Linich, con President, Newport Beach American Legion Auxiliary, announced
that the week May is Poppy Week and introduced Miss Poppy Rachel Heideman.
Mayor Rosansk , present a Proclamation proclaiming the week of May 13t" as Poppy
X
G�
Da ereno,. P a and Tree Superintendent, was present to receive two awazds from the.
C a Dep meat of Forestry and Fire Protection, the 2006 Tree City U$A and the
Growth ar He thanked John 'Conway, Urban Forester for his ongoing support and
intmdvce ette Short, Urban Forester- Southern Region California Department of
Forestry d Fire Protection who as a representative of National Arbor Day Foundation
presented the Mayor, Council and citizens of Newport Beach with the 2006 Tree City USA
Award.
NOTICE TO THE PUBLIC
Volume 58 - Page 135
City of Newport Beach
City Council Minutes
May 8, 2007
XII.
Council Member Henn announced that the police department competes annually in a 120 -
mile 15 -hour run from Baker to Las Vegas. He congratulated the Newport Beach Police
Department for placing first for the fifth time in the competition.
Council Member Curry congratulated City staff and The Irvine Company for the timely
reopening of Pelican Hills Road South. This morning he attended a brunch for Women's
Cancer Research Foundation. Peggy Fleming spoke and Mayor Rosansky was honored for
proclaiming Women's Cancer Research Foundation's Day. He also attended a fundraising -
planning meeting for OASIS. A year ago Council autho d a Marine's Memorial and
yesterday the commission issued the solicitation for the artork in the park location.
Mayor Pro Tem Selich stated that on Saturday,
Island Fire Station to let residents know what is
Balboa Art Walk will take place with live m i
Marine Avenue will be open for the event. ,
Council Member Gardner announced
19th from 9:00.a.m. to 1:00 p.m. at
100.
Council Member Daigle.
his kind invocation. On
ceremonies for Our Lady
Mayor Rosansky stated that t
Services Committee of the Calif
bill failed in ttee. He ati
Ensenada; exico nd the City
Clubs.
High
A.
Q
openings f
the Relay
there is a meeting at the Balboa
on the island. On May 20th the
koon to 5:00 p.m. Merchants on
Waste would be held on May
1400 Ne Center Drive, Suite
Reverence nnis Short from Harbor Christian Church for
Al ri129th sh d the Mayor attended the groundbreaking
els K thro 8 -grade expansion project.
eeAmerican vele Sacramento to speak to the Health
o of SB100 (Harman). However, the
May ception and dinner for officials from
ift that will be properly displayed. This past
D Legion and for the Newport :Harbor Yacht
ld be held on May 19 -20th at Newport Harbor
1. NUTS OF T14E..SPECIAL MEETING OF APRIL 24,. 2007 AND
HE REGULAR MEETING OF APRIL 24, 2007 [100- 20071. Waive
ading of subject minutes, approve as written and order filed.
HE
OF ORDINANCES AND RESOLUTIONS. Waive reading in
full of all ordinances and resolutions under consideration, and direct City
Clerk to read by title only,
ORDINANCE FOR INTRODUCTION
3. ADDING CHAPTER 5.48 TO TITLE 5 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO STATE VIDEO FRANCHISES
WHICH IMPLEMENTS THE DIGITAL INFRASTRUCTURE AND
VIDEO COMPETITION ACT OF 2006 [100 - 20071. Introduce Ordinance
No. 2007 -9 and pass to second reading on May 22, 2007.
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City of Newport Beach
City Council Minutes
May 8, 2007
C. RESOLUTIONS FOR ADOPTION
4. PROPOSED ASSESSMENT DISTRICT NO. 99 - BALBOA
BOULEVARD ALLEY FROM MCFADDEN SQUARE TO 14TH
STREET AND 19TH, 20TH AND 21ST STREETS NORTH OF BALBOA
BOULEVARD FOR UNDERGROUNDING UTILITIES AND
DESIGNATION AS AN UNDERGROUND UTILITIES DISTRICT
[891100- 8007). a) Adopt the following resolutions: (1) Resolution No. 2007-
25 making finding on a petition for, adoptaiag a map showing the proposed
boundaries of „and making appointmentsA proposed Assessment District
No. 99; (2) Resolution No. , 2007 -26 claring intention to order the
construction of certain improvemen proposed Assessment District. No.
99; declaring the improvements of special benefit; describing the
district to be assessed to pay costs expenses thereof, providing for
the issuance of bonds; and ignating ea an underground utilities
district; (3) Resolution No. 07 -27 giving pr approval to the report
of the assessment a r, se the time an ace for a public hearing
as June 26, 2007; rderi intention of ass e ballot procedure
for Assessment D' N 9; and (4) Resolution 2007 -28 approving
contracts for utility ovements for Assessment trict No. 99; b)
approve the Bond Couna greement. with Robert Hessell (C -3933) and
authorize Mayor and Clerk to execute the Agreement; and c)
approve co Amendment 1 for Harris & Associates (C -3595) and.
authorize th d City Cle execute the Amendment.
5. RESOLUTION AUTHO_j#1W M APPLICATION FOR GRANT
L�AGE:
R
e ci menhance a period
T' C IiNIA INTEGRATED WASTE
D [100 2 07J. Adopt Resolution No. 2007 -28
apply for grant funds from the California Integrated
Board for all available grants . under the California Oil
t.Act and all available Household Hazardous Waste
4 years, through Fiscal Year 2010111.
6. COMMUNICATION TOWER: LEASE AGREEMENT,
EIMB EMENT AGREEMENT, BUDGET AMENDMENT (contd.
om 4/10 & 518107) [38/10X2!007). Continue indefinitely.
7. RVEY ON -CALL SERVICES - APPROVAL OF AMENDMENT NO. 1
O P R OFESSIONAL SERVICES AGREEMENTS WITH COAST
URVEY (C4673(c)) AND ADVANCED SURVEY CONCEPTS (0673
(e)) AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT
WITH BUSH AND ASSOCIATES (0934) [38/100 E007J. a) Approve
Amendment No. 1 to Professional Services Agreement with Coast Survey,
Inc. and Amendment No. 1 to ProfessionaF Services Agreement with
Advanced Survey Concept for on -call survey services and authorize the
Mayor and City Clerk to execute the. Amendments; and b) approve a
Professional Services Agreement with Bush and Associates for on -call
survey services and authorize the Mayor and City Clerk to execute the
Agreement.
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City of Newport Beach
City Council Minutes
May 8, 2007
S. GEOTECHNICAL ON -CALL SERVICES - APPROVAL OF
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENTS 1381100- 20071. Approve Amendment No. 1 to Professional
Services Agreement with Harrington Geotechnical (C- 3673(a)) and
Amendment No. 1 to Professional Services Agreement with Leighton and
Associates (C- 3673(6)) for on -call geotechnical services and authorize the
Mayor and City Clerk to execute the Amendments.
9. HARBOR AREA MANAGEMENT PLAN - APPROVAL OF
PROFESSIONAL SERVICES AGR NT WITH WESTON
SOLUTIONS (C -3935) 1381100- 20071. Approve a Professional Services
Agreement with Weston Solutions o lsbad for preparation of a Harbor
Area Management Plan (RAMP) not to exceed price of $345,800 and
authorize the Mayor and Ci erk execute the Agreement; and b)
approve a budget amendme -070) ferring $48,800 from Account
No. 7231- C5100880 (ASBS plementation) ccount No. 7231- C0310929. .
10. BRISTOL STREET ORT RERABILITA FROM CAMPUS
DRIVE TO, JAMB EE. AD - COMPLETIO ACCEPTANCE
OF CONTRACT ( 381100 - 20071. a) Accept t work; b) authorize
the City Clerk to releas a Labor and Materials Bond 35 days after the
Notice of ompletion has en recorded in accordance with applicable
portions of ivil Code; an lease the Faithful Performance Bond one
(1) year afte acceptance.
11. INDUSTR WAY H ER MAIN REPLACEMENT
AWARD OF NTRA 81100- 20071. a) Approve the plans
specificatio Vb),tg and the ract (C -3728) to SJ &B Group, Inc. for
th tal bid pr0,285 and authorize the Mayor and the City Clerk
to end'c) establish an amount of $80,000 to cover the
i u1f•Y�S v.ta
RECOMMENDATION FROM ECONOMIC
DEVELOPMENT COMMITTEE TO FILL ECONOMIC
DEVELOPMENT COMMITTEE (EDC) VACANCY 1100- 20071. Fill
current EDC vacancy by appointing Mr. Charles Unsworth to an at -large
representative position replacing Ms. Jeannette Thomas who has resigned.
14. BUS SHELTER CONTRACT(S): REQUEST FOR PROPOSALS 1100
20071. a) Direct staff to issue a Request for Proposals (RFP) for a bus
shelter contractor; and b) direct staff to convene a Stakeholder Group witt
specific neighborhood (CDM, Newport Coast, Mariner's Mile, Newpor
Center, etc.) representation to assist in the evaluation of responses to the
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City of Newport Beach
City Council Minutes
May 8, 2007
RFP.
Motion by Council Member Curry to approve the Consent Calendar.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner
XIII. IM MS REMOVED FROM THE CONSENT ALE None
XIV. PUBLIC HEARING
15. IN -LIEU PAR$. DEDICATION
EASTBLUFF AND BOB HENRY
4110/07 & 4124107) 1100 - 20071.
Associate Planner Brandon
dedication fees. The prope
$3.5 million for an average 4p
the appraisals resulted in an
appraisals were up tied to a p
of $26,125 per unit.
City Attorney ClausoA stab"
received a letter from a%aw firm
to
IT - APPRAISAL OF
2/27/07, 8/18/07, 8127/07,
ained the Q N7he and in -lieu park
ion wag recently 'app
at $3 million and
value of $3,250,000udy indicated that
iflated value. Based on the information, the
„value of $2,500,000 resulting in an in -lieu fee
after staff report was prepared the City
nting 'acent property owners. She asked
letter included in Council Member
' g D' ector Lepo res nded to Mr. Muller's letter by stating that there was a
' ence opinion on the ppraised value. The subject property was ready for
entit�l a "` _ e comp les were valued on an un�ntitled basis. Certain
camp were' appraisal and those assumptions were indicated in
spo to•Mr. M e anticipation of comments received from Mr: Muller
that re w assumptions made about reasonable relationships between the land
being raise park purposes and the residential uses that .would benefit from
the par d.. caller spoke about Sunset Ridge Park and Planning Director
Lepo ex ed it was not an arms- length transaction and could not be used as a
true co arable. In fact, the property was zoned "open space" which generally
typifies ublicly owned land. In addition, restrictions were.placed on the use of that
mpe He spoke about the Quimby Act, which he said was misrepresented by Mr.
Contrary to Mr. Muller's statement, parkland is often suitable for
re ntial, commercial and industrial use. Sports fields are built in parks and not
on teep and inaccessible land.
Council Member Daigle asked if affordable housing was exempt from the Quimby
Act and City Attorney Clauson responded that the Quimby Act does not contain
exemptions, however, the City's General Plan has policies that discuss Council's
ability to waive fees to encourage affordable housing.
Mayor Rosansky opened the public hearing.
Michael Waldron,, real estate appraiser, retained by the Building Industry
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City of Newport Beach
City Council Minutes
May 8, 2007
Association (BIA) of Orange County to provide consulting services with respect to
the in -lieu fee issue, said his primary task was to review two City prepared
appraisals. It is not unusual for an appraiser to take on assumptions and he
concluded that, the appraisals were inflated. He asked Council to look at the second
amended appraisal response which in his opinion, contained inconsistent
adjustments that resulted in inappropriate upward adjustments.
Bryan Starr representing the Building Association of Orange County gave a slide
presentation and stated that the BIA was strongly posed to the proposed in -lieu
fee increase and asked that the Council adopt an ropriate in -lieu fee of $18,497
per unit.
Tom Muller, O'Melveny and Meyers,
revising its formula for assessing in -li
Carol McDermott, BIA member
Beach needs to increase its -in
considered need to be reaso
fee in the neighborhood of $ ]
Phillip Bettencourt, former
supported by the loftr appr
Mayor Rosansky
of the BIA spoke in support of lower fees as
Planning Director Lepolipffered a uppirt of staffs assumptions in arriving
at an a riate in -lieu e.
or Pro em Selich sai a supported staffs recommendation even though he. felt
as low nd took except' to the BIA chart comparing Newport Beach to other
citie „Wh the City adop its General Plan it specified parks, recreation and
o en the is short 38 to 39 -acres based upon its current
lati These meant to make up the deficit.
asked City Attorney Clauson if the City used an appraisal
under the Quimby Act to which City Attorney Clauson
M do 9v Mayor Pro Tem Selich to adopt Resolution No. 2007 -30 adjusting the
fair ma het land value and per -acre amount to be used in assessing In -Lieu Park
Dedicat n Fees.
Su itute motion by Council Member Curry to adopt Resolution No. 2007 -30
adjusting the fair market land value and per acre value of $23,200 to be used in
assessing In -Lieu Park Dedication Fees. The substitute motion was amended to
include a high range of $23,512 for Eastbluff Park.
The substitute motion failed by the following roll call vote:
Ayes: Council Member Curry, Council Member Daigle
Noes: Council Member Henn, Mayor Pro Tem Selich, Mayor Rosansky, Council
Member Webb, Council Member Gardner
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City of Newport Beach
City Council Minutes
May 8, 2007
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
16, PROPOSED ASSESSMENT DISTRICT NO. 94 - PACIFIC DRIVE - CORONA
DEL MAR FOR UNDERGROUNDING UTILITIES AND DESIGNATION AS
AN UNDERGROUND UTILITIES DISTRICT /891100 - 20071.
Mayor Rosansky explained that the process for 0 item would be to decide whether
the City would move forward with AssessmerAmistrict No. 94. He read the rules of
procedure for the legal voting process and d that when the votes are tabulated
the results will be announced.
Habib Isaac and Dave Hunt,
as well as the method and
assessment procedure.
Mayor Rosansky opened the p
Patricia Bell, repr enting her
explained thatther be no
of Assessment Dis thf
only five poles. She s the
assessment district.
1 ' the process for the hearing
also eft1pined the balloting and
Janet Bell and her mother's neighbor,
o them and protested the implementation
only two blocks and involved a total of
e uld never have been included in the,
Geral " wsky presen d until with hIndouts and asked that the assessment
dis be sbanded due a cost. The assessment district should be expanded to
ude the entire village o orona del Mar. He cited what he said were incorrect
islea g assessments d voting procedures.
ul sai assessment district because it would enhance the
a - tics the neighbor d and he believed the resulting increase in property
valu oul et the. costs. He also felt there were safety concerns that could be
addre by trict. He referred to a letter that said the Mayor was against
this pro' al an t older residents would be forced to sell their homes if the
assessor t district were implemented.
Debbie uttenden stated that she and her husband are opposed to the assessment
'strict cause it would not benefit her unless the poles on Bayside were taken out.
Eh th Delamater opposed the assessment district because it would be very
cos y, some poles would not be removed and there would be no benefit for her.
Susan Ostrowsky commented on the letter her husband sent out that indicated
Mayor Rosansky opposed the assessment district.
Mayor Rosansky indicated that he had made the statement that he would prefer to
see the cost spread over a larger number of homes.
Barbara Dawkins spoke about being asked to sign what she thought was a
misleading document regarding the assessment district. The assessment should
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City of Newport Beach
City Council Minutes
May 8, 2007
include more homes to have any real aesthetic value to the community and an
additional benefit would be a lower cost to the residents if more homes were
included.
Mayor Rosansky asked if anyone had not yet presented a ballot or would like to
change their vote prior to close of the public. hearing.
Mayor Rosansky closed the public hearing.
XVDL CURRENT BUSINESS
19. RESOLUTION OPPOSING THE USE F ANY PORTION OF THE
NEWPORT BEACH GOLF COURSE F JOHN WAYNE AIRPORT (JWA)
PARKING PURPOSES.
City Manager Bludau stated that is a matter t the County staff is looking
into as an alternative to determ' ow this property d best serve the long -term
needs of the County.
Council Member Daigle Lexp at the fron t 9 is in her did et and why she and
her constituents wished ese the back for the residents.
Council Member C rred wi ouncil Member Daigle that the proposal to
cover over the back arking lot uld never see the light of day.
Mayor Rosansky too a straw Sand was unanimous support for the
resolution opposing th use of f he Newport Beach Golf Course for
John Airport ( p ng p
r Ros nsky encoura concerned residents to speak to the Orange County
rvisor and Council M ber Webb encouraged residents to voice their opinions
with a a' manager.
sso o Mainerli of of Staff for Supervisor John Moorlach, acknowledged
em he a ther supervisors received regarding this matter. The 32 -acre parcel
is ow by t ounty and is part of the Runway Protection Zone. The original
lease e = ued o uary 31,. 2007. Nothing. has been brought to the Board of
Supe 'ra on thi matter. The airport director who initiated the review has not
comple his review and' there is no proposal for a parking lot. In fact, the County
is loo ' at alternate sights for the parking structure. The supervisor would not
support ything other than a golf course for the site.
yrick, Newport Beach Golf Course, said he hopes the supervisors do not
cn der anything else for the golf course.
Nancy Alston, AirFair, said that AirFair is opposed to any expansion of the John
Wayne Airport.
Charles Griffin said he spoke to the Board of Supervisors this morning and
recommended that the Council stay within the terms of the settlement agreement.
.Motion by Council Member Daigle to adopt Resolution No. 2007 -31 opposing the
concept of turning any portion of the Newport Beach Golf Course into parking for
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City of Newport Beach
City Council Minutes
May 8, 2007
JWA purposes.
The motion carried by the following roll call crate:
Ayes: Council Member Hems, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
Gardner
20. THIS ITEM LEFT BLANK INTENTIONALLY.
XIV. PUBLIC HEARING
16. PROPOSED ASSESSMENT DISTRICT 94 - PACIFIC DRIVE - CORONA
DEL MAR FOR UNDERGROUNDIN TIES AND DESIGNATION AS
AN UNDERGROUND UTILITIES D RICT 100- 20071.
Public Works Director Badum s d that this wa citizen- driven ,democratic
matter and not a matter initia y thity.
There more "no" vo
faile o her action
Charles
the vote was as follows. parcels submitted
734.75 with 42 percent vo ing "ye$' for a total
iercent voting "no" "for a total assessment of
%khe ballots concluded that one ballot was
A of 26 ballots cast, with the following
to sessment of $276,142.56; and 562%
that the Assessment District
Airport Settlement Agreement and the affects
Council Me Gar reported that the Newport Coast Watershed Management
Committee met ntly t .discuss runoff studies and affects to public access, runoff and
X.affects public beaches. The State Waters Board official stated she was very
seed with City's efforts toward water quality.
Daigle reported that the SCAG Regional Council completed RHNA. She
Council Member Gardner was appointed to the Environment ,and Energy
Mayor Pro Tern Selich announced that tomorrow afternoon there would be another meeting
of the General Plan Implementation Committee. The meeting is open to the public and will
involve discussion of setting grading height limits.
Council Member Curry stated that the Newport Coast Advisory Committee met yesterday.
He encouraged everyone to set aside September 15th for the grand opening of the community
center.
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City of Newport Beach
City Council Minutes
May 8, 2009
XVII. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
19. PLANNING
AGENDA FOR MAY 3,20071100-20071.
Planning. Director David Lepo reported on the following two items: 1) Use Permit,
Environmental Nature Center, 1601 16th Street (PA2009 -030); and 2) appeal of Lot
Line Adjustment No. LA2009 -002 (PA2009 -039), 1499 and 1505 Monrovia Avenue.
XVIII. CONTINUED BUSINESS
18. SUNSET RIDGE PARK STATUS REPORT
Public Works Director Badum asked for
Sunset Ridge Park and management o
Center Park and Marina Park.
Mayor Pro Tern Selich felt there
Council Member Curry said
direction on prioritization of the
lark projects including Newport
to hold
all three parks
Center Park.
equal basis.
Council Member Gardner asked took staff time to oversee development of plans.
Public Works Director Badum said a amount of time was relatively more involved
for construction pl Marina Park Sunset Ridge Park are conceptual plans
and Sunset Ridge comparable the Marina Park process. It places
additional burden on ort -han taff.
Council Member Gardne suppo onward with Sunset Ridge Park.
ayor sansky said he concurred with Council Member Webb's comment about
ve .
Lo a Fundenburg, President, Central Newport Beach Community Association,
spoke in support of active parks having priority over passive parks and said she
would not want Marina Park to be lost in the discussion.
Craig Warsett, representing Protect Our Parks felt that Sunset Ridge Park should be
the number one priority for the City. However, Marina Park must also be a number
one priority. In fact, all active parks should have top priority and the Council should
provide additional staff support.
Steve Ray, Santa Ana River Watershed Alliance, said his organization looked at
is and that all three parks should move forward
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City of Newport Beach
City Council Minutes
May 8, 2007
connectivity and Sunset Ridge Park is a designated portion of the future Orange
Coast River Park. In his opinion, it is important to move forward with planning to
prepare for construction funding.
Mike Johnson, West Newport Beach Association, concurred that Sunset Ridge Park
is an anchor for the Orange Coast River Park and therefore, Sunset Ridge Park
should be the City's number one priority.
Motion by Council Member Curry to direct
Professional Services Agreement for the conce;
Park and treat all parks as equal.
$70,000 for the Professional Ser
Sunset Ridge Park and remain si
of comments made regarding the
The substitute motion carried
Ayes: Mayor Rosansky, Cc
Member Gardner
Noes: Council Member Henn, Coi
City Manager Blu hasize
consultants requires ce 1
Mayor Pro Tem Selich
the job.,p.
Henn
it
for the
to release the $70,000 for the
development of Sunset Ridge
to direct staff to release the
the conceptual development of
and, direct staff to be mindful
roll call
Webb, Council MeVer Daigle, Council
Member Curry, Mayor Pro Tem Selich
are staff shortages and that directing
staff time.
the City Council how it could get
problem extended way beyond getting three parks
S24. CO FHHE NSE O LAFCO STAFFS RECOMMENDATIONS
G ISSUES AFFECTING WEST SANTA ANA
OU Y CLUB, THE MESA DRIVE AREA AND TH E
S TRY CLUB [100.8007J.
Mi Rosansky to request LAFCO to continue this item for one
month r discussion.
Supe lach spoke in support of the Mayor's motion for an extension.
Griffin spoke about annexation of certain areas to Newport Beach and felt it
ropriate for West Santa Ana Heights to become part of Newport Beach.
Steve Ray, Santa Ana River Watershed Alliance, spoke on behalf of the Bamuneo
Ranch Task Force. Both entities take no position on what entity should include
Banning Ranch in its sphere of influence, only that the 420 acres should be
preserved as open space and remain part of the park.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tem Selich, Mayor
Rosansky, Council Member Webb, Council Member Daigle, Council Member
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City of Newport Beach
City Council Minutes
May 8, 2007
Gardner
21. FORMATION OF AN AD HOC COMMITTEE FOR NEGOTIATING THE
NEWPORT BEACH COUNTRY CLUB DEVELOPMENT AGREEMENT 1100 -
80071.
22. FORMATION OF AN AD HOC COMMITTEE FOR NEGOTIATING THE
NEWPORT CENTER DEVELOPMENT AGREEMENT 1100- 80071.
Motion by— ouncil Member Webb to a) adopt R lution No. 2007 -32 forming the
City Council Newport Beach Country Club Hoc Development Agreement
Committee and Resolution No. 2007 -33 fornkingJ& City Council Newport Center Ad
Hoc Development Agreement Committee; b) confirm the Mayors appointment
of Mayor Rosansky and Mayor Pro Tam oth committees.
The motion carried by the following call vote:
Ayes: Council Member Henn, C cil ber Curry, hi Pro Tern Selich, Mayor
Rosansky, Council M er We Council Member gle, Council Member
Gardner
523. CONTRACT AWARD TO C INC. FOR NEWPORT COAST FULLY
AUTOMATED R IDENTIAL USE COLLECTION SERVICES 1381100-
80071.
General Services Dir or Mar mon a PowerPoint presentation and
provided information din at or Proposals for maintaining the
curre 1 of service. S s recomm tion is to contract with CR &R to
pro ' e automated c ion.
Director Itarnlon responded to Council Member Henn that the
3 seven. (7) ays notice of termination to a waste hauler could put
*aalms thfflb was another waste, hauler in the wings.
Ci tto N auson responded to Council Member Curry that the
reoom nds for the waste hauler to provide a Performance Bond and cost
basis a that the Council would have the ability to deal with lack of
perform al Services Director to
felt it would be risky to award a
contract ed on low cost only.
[ember Henn said that all of the trucks were to be fully automated.
Ware is representing that they will have another fully automated truck
will have two fully automated trucks.
Mayor Pro Tem Selich asked why the RFP was set up to provide an additional
schedule for additional containers and wondered if the wide spread in cost was
because it was an open ended contract. He also asked why would the City not just
ask for a single bid for all services. General Services Director Harmon explained that
there is a cost for additional containers throughout the industry and a percentage
would tend to limit the number of additional containers.
Council Member Gardner asked why there would be a limit of 30% set when the,
recycling requirement is 50 %. General Services Director Harmon responded that
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City of Newport Beach
City Council Minutes
May 8, 2007
currently the City is diverting about 57 %. A lot of recycling comes from commercial
and construction waste and it is more difficult to attain a high diversion rate on
residential waste.
Council Member Henn asked if it was typical to include a 13% CPI. City Attorney
Clauson said that over the years the Council has placed a percentage on the CPI
adjustment. Council Member Henn believed there should be 4% ceiling on all CPIs.
David Fahrion, President, Solid Waste Division, CR R talked about his company's
services and saw this as an opportunity to expand company's services. He stated
that his company serves most of the comm es in Southern California and
200,000 residences with fully automated tru
Patrick Munoz, a Newport Beach
pointed out that Ware Disposal of
vehicles, experience and recyclin
include yearly increases and ad
Mayor Rosansky that Wa oil]
additional containers to en e
savings over time. Ware has
compliant vehicles. Ware has o
invoices for two ad
He showed exampl
semi- automated ve
automated AQMD com
vehicle that can mor
import sue that a
San a provide
or Pro lem Selich
t spe on behalf of Ware Disposal,
favorable ns for consideration - price,
her areas of rn to the Council should
uipment char Munoz explained to
ee to a provision limit the supply of
;recycling which wo salt in a dramatic
agreed to provide automated AQMD
iicle and provided the City with copies of
Liicles that it will receive in the near future.
difference between fully automated and
Munoz er explained that the third fully
E ve is due 've in September. It is a smaller
ly he msidential routes. Recycling is an
t quately seed in the RFP. Ware's facility in
e MERF benefits with a diversion percentage of 43.
ke if Ware were awarded a contract would it guarantee a
r We L' was confused because the proposal was supposed to
equipment. . Munoz said that the intent of Ware's proposal was
Ig.AQMD compliant trucks.
Council irember Inn asked how Ware intended to maintain the trucks in order to
keep th operational. Mr. Munoz responded that Ware has mechanics that are
capable f working on these trucks with the exception of the fuel system and the
trucks be serviced under warranty as it relates to the fuel system.
Y Pro Tem Selich said when he first looked at the proposal he saw a base rate
th was substantially lower than that of other bidders. He asked what assurance
Ware would give that they would not request a rate increase in a year or two. Mr.
Munoz stated that Ware would not ask the City for an increase. The rate proposed
is not an abnormally low rate and it is a fair rate for the work proposed.
Council Member Gardner liked the fact that the homeowner would be .given an extra
recycling container if needed. Mr.. Munoz stated that in his professional experience
he believed the number proposed by staff was high.
Mayor Rosansky stated that the CC &R contract does not provide for additional
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City Council Minutes
May 8, 2007
recycling bins. General Services Manager Harmon said to his knowledge the extra
recycling container was not free with CC &R. City Attorney Clauson explained to
Mayor Rosansky that this was not a "low bid" situation but a contract negotiation
and often staff can go back and negotiate certain points. The decision the Council
needs to make should be based on the response to proposal and it would be unfair to
not allow other bidders to meet the requirements. If the Council wanted to change
the terms of the RFP it should go back out for bid again. City Attorney Clausen
suggested the Council ask CC &R whether it could guarantee 43% diversion since
CC &R is the recommended hauler. i
Council Member Curry asked if the Council co elect a carrier and negotiate with
that carrier. City Attorney Clausen respond t the Council would need to give
the selected carrier an opportunity to re the contract with the selected
bidder.
Steven Schrey, Nixon Peabody
contract proposal. What is hap
City's RFP requirements a
recommendation.
Council Member Henn said he wEl
would rather make &jpcision based
Jay Ware, General M
noted that the Ware
company.has drivers ar
Newp ch. The pi
ra r re 'ng, Ware
ey represen ' CR&R said that this is a
is that CC &R timely fashion met the
amending that t until accept staffs
uncomfortable negotiating on the fly and
proposals.
)ispos iterated Mr. Munoz's statements and
esa a in Newport Beach and that the
s diately step in to provide service to
.a an ere is a need to change the diversion
to 43% or provide free containers.
to-May4r Rosansky that within the RFP there was no container
141 con era was too much. If someone needs an additional
W e ow w to recycle and Ware is committed to working with
to recycle.
Motift bv COmcil Member Curry to authorize a ten -year agreement with Ware
Dispos throug une 30, 2017 to provide fully automated residential refuse
collectro services the Newport Coast area with additions and changes to the
contract include the following: the hauler will provide free additional recycling
bins; tee a diversion rate of 40 %; provide all reports; provide vehicle citation
reports the City Council; and, provide liability insurance to the City in the
lino of $5 million.
carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Curry, Mayor Pro Tern Selich, Mayor
Rosansky, Council Member Daigle, Council Member Gardner
Noes: Council Member Webb
XX. MOTION FOR RECONSIDERATION — None
M. ADJOURNMENT - 12:08 a.m. in memory of Betty Larson and Gil Ferguson
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City of Newport Beach
City Council Minutes
May 8, 2007
The agenda for the Regular Meeting was posted on May 2, 2007, at 2:00 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration Building.
The supplemental agenda for the Regular Meeting was posted on May 4, 2007, at 2:30 p.m.
on the City Hall Bulletin Board located outside of the City of Newport Beach Administration
Building.
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