HomeMy WebLinkAbout03/25/1996 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
March 25, 1996 - 7:00 p.m. INDEX
• CLOSED SESSION - Canceled
CLOSED SESSION REPORT PRESENTED - None
REGULAR MEETING- 7:00 a.m.
Mayor Pro Tern Debay publicly thanked the Community Services Department, the
Rotary Club of Newport Beach and the Elks Club for their involvement in the
Special Olympics Program held at Corona del Mar High School on Saturday,
March 16, 1996.
ROLL CALL
Present: O'Neil, Edwards, Debay, Glover, Wall and Mayor Hedges
Absent: Cox
Motion by Mayor Pro Tem Debay to waive reading of the minutes of the meeting of
March 11, 1996, to approve as written and order filed.
Council Member Glover questioned whether the policy had changed regarding
public input on the correction of the Council minutes. City Clerk Harkless replied
that to her knowledge there had been no change. Mayor Hedges stated that the
minutes are a document approved by the City Council and if there is a public
correction to be made the Council has the ability to correct those on the motion
• of an individual Council Member or if there is a factual correction then the clerk
has the ability to make that correction also.
Dolores Otting, Newport Beach, said the minutes used to be available to the
public, however now they are available only after the Council has approved
them, therefore the ability of the public to correct the minutes is no longer
available. In the past she said the public was able to pick up the minutes of the
last meeting with the new agenda. She requested that a draft copy be made
available to the public.
City Clerk Harkless reported that the draft minutes are available in the Clerk's
office and explained that the change that has been made is that the minutes are
not widely distributed (mailed to the people on the mailing list, etc.) until
approved by Council.
The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Glover, Watt and Mayor Hedges
Noes: None
Absent: Cox
Abstain: None
Motion by Mayor Pro Tem Debay to waive reading of the ordinances and
resolutions under consideration, and direct the City Clerk to read by titles only. The
Volume 50 - Page 101
motion carried by the following roll call vote:
.
Ayes:
O'Neil, Edwards, Debay, Glover, Waft and Mayor Hedges
Noes:
None
Absent:
Cox
Abstain:
None
Volume 50 - Page 101
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City of Newport Beach
City Council Minutes
March 25, 1996
Mayor Hedges requested that staff bring back revisions to Council policy A -5
regarding fundraising /contracts by City boards, commissions or committees.
CONSENT CALENDAR
Council Member O'Neil reported that he will abstain from discussing or voting on
Item No. 10, the gas sale agreement with Hoag Hospital, since he is general
counsel for the hospital board of directors.
ORDINANCES FOR INTRODUCTION
1. Removed from Consent Calendar.
INDEX
2. INTRODUCE ORDINANCE NO. 96 -14, Amending Section 11.04.020 Ord 96 -14
(Prohibited Conduct) of the Newport Beach Municipal Code to Allow Pkg /Pblc Prks
Parking of Cars in Public Parks for Activities Authorized by Special Event (27/85)
Permits, and pass to second reading on April 8, 1996.
ORDINANCES FOR ADOPTION
3. Removed from Consent Calendar.
4. ADOPT ORDINANCE NO. 96.11 Amending Section 12.68.060 of the Newport
Beach Municipal Code to Establish a Residential Parking Permit Program for
Portions of Newport Heights and Cliff Haven.
5. Removed from Consent Calendar.
RESOLUTIONS FOR ADOPTION
6. Removed from Consent Calendar.
Ord 96 -11
Residential Pkg
Permit /Npt Hght:
& Cliff Haven(8c
7. ADOPT RESOLUTION OF INTENT NO. 96.29 to Amend Chapter 20.76 of the Time -Share
Newport Beach Municipal Code to Modify Development and Operational PCA 845
Regulations for Time -Share Projects (Planning Commission Amendment No. Res 96 -29 (94)
845) and Refer to the Planning Commission for Public Hearing.
8. ADOPT RESOLUTION NO. 96 -30 Authorizing the Acceptance of a Fire
Department of Toxic Substances Control Grant in the Amount of $5,304 to Res 96 -30 (41)
Purchase Hazardous Materials Emergency Response Equipment.
CONTRACTS AND AGREEMENTS
9. BOB HENRY PARK CONSTRUCTION (CONTRACT NO. 3078) - AWARD OF Bob Henry Prk
CONTRACT - Approve contract with Los Angeles Engineering, Inc., in the C -3078 (38)
amount of $930,155 (Option 3) and contingency of $90,000; and
APPROVE BUDGET AMENDMENT (BA -034) In the Amount of $189,000 from BA-034 (40)
Unappropriated Park- in -Ueu Fees.
10. Removed from Consent Calendar.
11. REDESIGN OF THE SECTION 5 (LITTLE BALBOA ISLAND) WASTEWATER PUMP Little Bal Is
STATION (CONTRACT NO. 2935) - AWARD OF PROFESSIONAL SERVICES Wstwtr pmp Sta
AGREEMENT Authorize execution of a Professional Services Agreement C -2935 (38)
with AKM Consulting Engineers to prepare plans and specifications for a not
to exceed fee of $132,906.
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City of Newport Beach
City Council Minutes
March 25, 1996
INDEX
12.
WATERLINE, STORM DRAIN AND INGRESS AND EGRESS EASEMENT AND
Grndwtr Dev Prj
LICENSE AGREEMENT WITH THE FIRST BAPTIST CHURCH AS PART OF THE
1st Baptist Ch
GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. 3004 -Y) -
C- 3004 -Y (38)
APPROVAL OF AGREEMENT AND PAYMENT TO FIRST BAPTIST CHURCH -
Approve and authorize the execution of the agreement and approve
payment of $43,381 to the First Baptist Church as compensation for the
easement and agreement.
13.
CONSTRUCTION OF WATER WELLS LOCATED AT THE DOLPHIN AVENUE AND
Grndwtr Dev Prj,
TAMURA SCHOOL WELL SITES AS PART OF THE GROUNDWATER DEVELOPMENT
Dolphin & Tamurz
PROJECT (CONTRACT NO. 3004 -S) - AWARD OF CONTRACT - Approve the
School Wells
plans and specifications for the construction of the water wells; award the
C- 3004 -S (38 )
contract in the amount of $799,044.75 to Bakersfield Well & Pump Company
of Bakersfield, as the low bidder, and adopt the finding contained in the
staff report pertaining to Addendum No. 4 to the Final EIR, Hydrogeologic
Evaluation for the Groundwater Development Project.
14.
WELL SITE DEVELOPMENT - PHASE I FOR DOLPHIN AVENUE AND TAMURA
Grndwtr Dev Prj/
SCHOOL WELL SITES AS A PART OF THE GROUNDWATER DEVELOPMENT
PH I Dolphin &
PROJECT (CONTRACT NO. 3004 -R) - AWARD OF CONTRACT - Approve the
Tamura School
plans and specifications and award the contract in the amount of $155,030
C- 3004 -R (38 )
to ARA Engineering Contractors of Buena Park as the low bidder.
15.
IRVINE AVENUE AND UNIVERSITY DRIVE CLASS -1 BIKE TRAIL AND STREET
Irvine Av &
IMPROVEMENTS PROJECT (CONTRACT NO. 2851) - APPROVAL OF CONTRACT
Univ Dr Cls -1
AMENDMENT - Approve execution of Amendment No. 2 to the existing
Bike Trl /St Imp
Engineering Design Services Consultant Agreement with IWA Engineers and
C -2851 (38)
authorize execution of Construction Engineering Services Agreement with IWA
Engineers.
16.
RESUBDIVISION NO. 866 (Resubdivision No. 319 and Parcel 1 of Parcel Map
Resub 866
83 -705 - Resubdivision No. 742) located at 1400 Dove Street and Newport
Dove /Npt Pl
Place Drive in the Newport Place Planned Community (Developer - Walden
(8 4 )
and Associates, Santa Ana; New Owner - Advent Realty Limited Partnership
11) - APPROVAL OF AGREEMENT - Approve a Subdivision Extension
Agreement guaranteeing payment of 1/3 of the cost of the traffic signal at
the intersection of 1400 Dove Street and Newport Place as required by
Resubdivision No. 866.
17.
15TH STREET REHABILITATION AND STORM DRAIN AND WATER MAIN
15th St Rehab &
CONSTRUCTION FROM OLD NEWPORT BOULEVARD TO IRVINE AVENUE
Strm Drn /Wtr Mn
(CONTRACT NO. 2661) - APPROVAL OF PLANS AND SPECIFICATIONS AND
C -2661 (38)
AUTHORIZATION TO BID - Affirm the categorical exemption; approve the plans
and specifications; and authorize staff to advertise for, bids.
18.
STRUCTURAL ADA (AMERICAN WITH DISABILITIES ACT) ALTERATIONS (CONTRACT
Structural ADA
NO. 2948) - APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
Alterations
TO BID - Affirm the categorical exemption; approve the plans and
C -2948 (38)
specifications; and authorize staff to advertise for bids.
19. ROADSIDE LANDSCAPE MAINTENANCE CONTRACT - AWARD OF CONTRACT - CA Landscape
Approve a contract In the amount of $195,820.48 with California landscape Mntnc /Roadsd
Maintenance; and APPROVE BUDGET AMENDMENT (BA -038) to the amount of iMntnc C -2160 (38
$14,801 to fund the Increased cost of the contract for the final three (3) months BA-038 (4 0 )
of FY 1995 -96.
MISCELLANEOUS ACTIONS
20. COUNCIL POLICY MANUAL REVISIONS /ADDITIONS. Continue to April 8,
1996.
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City of Newport Beach
City Council Minutes
March 25, 1996 INDEX
Council Member Glover said she always gets complaints from residents in
her neighborhood about traffic speed, therefore questioned why staff is
proposing increasing the speed limits from 25 mph to 30 mph in residential
areas.
Public Works Director Webb explained that radar cannot be used as an
enforcement tool if the posted speed limits are not set in accordance with
the rules set by the state legislature. He explained that the basic process
used to determine speed limits is to sample the speed of traffic on a street
and identify the "critical speed," which is that speed at or below which
85% of the traffic is moving.
Mayor Pro Tern Debay pointed out that the speed limits are only being
increased on segments of arterial streets and the neighborhood streets are
not included based on the reasons stated by Council Member Glover.
Council Member Watt stated that this was discussed by the Utilities /Public
Works Committee and she reiterated the comments made by Mayor Pro
Tern Debay. She said there is a move by bicyclists for "traffic calming" and
if the City could ever figure out a way to slow down traffic this would be
• reviewed again.
Mayor Hedges reiterated that this change will allow the Police Department
to use radar as an enforcement tool.
Volume 50 - Page 104
21. PLANNING COMMISSION AGENDA - March 21, 1996.
(68 )
22. BALBOA PENINSULA PLANNING ADVISORY COMMITTEE VACANCY - Accept
Balboa Pnsla
with regrets the letter of resignation from Carol Hoffman, Member At large,
Ping Advsry CmtE
and schedule the appointment to fill the vacancy on a future agenda.
(2 4 )
•
23. BA -035, $46,000 - For Traffic Management Association dues and alternate
BA -035 (40)
fuels program - Establishment of AQMD budget.
24. Removed from Consent Calendar.
25. PURCHASE OF SIX (6) 1996 CHEVROLET CAPRICE POLICE PATROL CARS -
BA -037 (40)
Approve the purchase of the subject cars from Wondrles Chevrolet of
Alhambra for $121,535.54 including tax; and APPROVE BUDGET
AMENDMENT (BA -037) in the amount of $121,535.54 from the Internal
Service Fund Reserves.
MOTION BY MAYOR PRO TEM DEBAY TO APPROVE THE CONSENT CALENDAR, EXCEPT
FOR THOSE ITEMS REMOVED (1, 3, 5, 6, 10 & 24). THE MOTION CARRIED BY THE
FOLLOWING ROLL CALL VOTE:
Ayes: O'Neil, Edwards, Debay, Glover, Watt and Mayor Hedges
Noes: None
Absent: Cox
Abstain: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. INTRODUCE ORDINANCE NO. 96 -13, Amending Chapter 12.24 (Special
Ord 96 -13
Speed Zones) of the Newport Beach Municipal Code to Update Speed
Traffic /Speed
Limits on Various Roads Within the City of Newport Beach, and pass to
Limits (85)
second reading on April 8, 1996.
Council Member Glover said she always gets complaints from residents in
her neighborhood about traffic speed, therefore questioned why staff is
proposing increasing the speed limits from 25 mph to 30 mph in residential
areas.
Public Works Director Webb explained that radar cannot be used as an
enforcement tool if the posted speed limits are not set in accordance with
the rules set by the state legislature. He explained that the basic process
used to determine speed limits is to sample the speed of traffic on a street
and identify the "critical speed," which is that speed at or below which
85% of the traffic is moving.
Mayor Pro Tern Debay pointed out that the speed limits are only being
increased on segments of arterial streets and the neighborhood streets are
not included based on the reasons stated by Council Member Glover.
Council Member Watt stated that this was discussed by the Utilities /Public
Works Committee and she reiterated the comments made by Mayor Pro
Tern Debay. She said there is a move by bicyclists for "traffic calming" and
if the City could ever figure out a way to slow down traffic this would be
• reviewed again.
Mayor Hedges reiterated that this change will allow the Police Department
to use radar as an enforcement tool.
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City of Newport Beach
City Council Minutes
March 25, 1996
Public Works Director Webb pointed out that the ordinance proposes to
decrease the speed limit on four arterials as noted in "Exhibit 4."
Motion by Council Member Edwards to introduce Ordinance No. 96 -13
amending Chapter 12.24 (Special Speed Limits) and pass H to second
• reading on April 8, 1996. The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Glover, Waft and Mayor Hedges
Noes: None
Absent: Cox
Abstain: None
3. ADOPT ORDINANCE NO. 96 -10 Amending Chapter 17.24 (Structures in the
Harbor) of the Newport Beach Municipal Code Authorizing the Fire and
Marine Chief, or his Designee, to Approve Harbor Permit Applications
Without Council Approval with Appeals to the City Manager and
Appealable by the City Council; and APPROVE REVISIONS TO COUNCIL
POLICY H -1.
Mayor Hedges questioned staff's ability to use discretion to approve
harbor permit applications since it does not provide any flexibility.
City Manager Murphy explained that the ordinance requires specifically
that the application be denied if it does not conform to the provisions of
the code, standard harbor drawings approved by the Council, and the
Harbor Permit Policy adopted by the Council. He pointed out that the
policy addresses the exceptions.
City Attorney Burnham suggested that in order to clarify Council's intent
• the word "and" be changed to "or" so the ordinance reads: "The
application shall be denied if: 1. The application does not conform to the
provisions of this Code, standard harbor drawings approved by the City
Council, or the Harbor Permit Policy adopted by the City Council, or..."
Motion by Mayor Hedges to adopt Ordinance No. 96.10 (as modified)
amending Chapter 17.24 (Structures in Harbor) and to approve the revisions
to Council Policy H -1. The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Glover, Waft and Mayor Hedges
Noes: None
Absent: Cox
Abstain: None
INDEX
Ord 96 -10
Harbor Permit
Apl Aprvl (51)
Council Policy
H -1 (69)
5. ADOPT ORDINANCE NO. 96.12 Amending Chapter 10.04 of the Newport I Ord 96 -12
Beach Municipal Code to Allow Service of Alcohol on Public Property With Alcohol /Pblc
a Special Permit Application Approved by City Council. Property (2 7 )
Dolores Otting, Newport Beach, questioned whether the applicants will be
required to provide additional insurance which can be quite costly.
Mayor Hedges explained that the additional insurance requirement is
standard with a special event permit and this code amendment would
allow the consumption of alcoholic beverages on public property in
conjunction with an approved special event permit. He noted that the
insurance requirement is already in place and the cost would be a factor
the applicant would have to consider.
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City of Newport Beach
City Council Minutes
March 25, 1996
In response to Ms. Citing's question about the possible cost, City Manager
Murphy said he thought she had this ordinance confused with the outdoor
dining ordinance. He explained that this amendment arises out of requests
for alcohol consumption at special events such as the Back to Bal Carnival
and the Taste of Newport and this ordinance will allow this type of activity
with an approved special event permit.
Council Member Edwards pointed out that Condition #20 of the Back to
Bal special event permit requires that the permittee provide $1,000,000
liability insurance naming the City of Newport Beach as additional insured.
Motion by Council Member Edwards to adopt Ordinance No. 96 -12
amending Chapter 10.04 of the NBMC to allow service of alcohol on public
property with a special permit application. The motion carried by the
following roll call vote:
Ayes: O'Neil, Edwards, Debay, Glover, Waft and Mayor Hedges
Noes: None
Absent: Cox
Abstain: None
6. ADOPT RESOLUTION NO. 96 -28 Approving Appendix A "Designated
Positions" of the Conflict of Interest Code.
City Attorney Burnham explained that the appendix was modified to
include two additional positions from the Police Department
(Administrative Services Lieutenant and Operational Services Coordinator -
disclosure category 2).
Motion by Council Member O'Neil to adopt Resolution No. 96.28 approving
Appendix A "Designated Positions" of the Conflict of Interest Code as
amended to Include the two positions as stated by the City Attorney.
Mayor Hedges asked Council Member O'Neil If he would consider
including the addition of Building Inspectors with disclosure categories 3
and 4 as part of his motion. Council Member O'Neil agreed to the inclusion
of the Building Inspectors as part of his original motion. The motion carried
by the following roll call vote:
Ayes:
O'Neil, Edwards, Debay
Noes:
None
Absent:
Cox
Abstain:
None
Glover, WaH and Mayor Hedges
10. GAS SALE AGREEMENT WITH HOAG MEMORIAL HOSPITAL PRESBYTERIAN -
APPROVAL OF AGREEMENT - Approve agreement for the sale of natural gas
to Hoag Memorial Hospital Presbyterian.
City Attorney Burnham explained that there are some minor modifications
that need to be made to some of the provisions of the agreement and
requested that Council authorize approval of an agreement substantially
similar to the proposed agreement and authorize the Mayor to execute
the revised agreement after the modifications are made.
Council Member Glover questioned whether gas was deregulated in the
State of California and, if so, what impact would it have on the
agreement.
Volume 50 - Page 106
INDEX
Conflict of Int
(66)
Res 96 -28
Hoag Memorial
Hsptl Gas Sale
C -2493 (38)
City of Newport Beach
City Council Minutes
March 25, 1996
Motion by Council Member Watt to approve the agreement for the sale of
natural gas to Hoag Memorial Hospital Presbyterian with the proviso that the
Mayor work with the City Attorney on the minor administrative revisions.
Dolores Otting, Newport Beach, voiced concerns with staff's consideration
• to utilize the gas through an on -site City owned co- generation system, with
the electricity generated used to operate the City's oil field and other
local facilities. She questioned why the City would consider this since it is
usually cheaper for private industry to do.
Mayor Hedges indicated that the City is keeping the options open.
The motion carried by the following roll call vote:
Ayes:
Edwards, Debay, Glover, Watt and Mayor Hedges
Noes:
None
Absent:
Cox
Abstain:
O'Ne6
(Note: During the consideration of the Consent Calendar, Council
Member O'Neil explained that he would not be voting on this item since
he is general legal counsel for the Hoag Hospital Board of Directors.)
24. BA -036, $20,000 - To part-time salaries from library donations.
Dolores Otting, Newport Beach, said she thought this was on a previous
Council agenda and questioned whether donations can be accepted for
part-time salaries. She said this is an issue that has been before the Board
of Trustees because they want to obtain donations to fund full -time staff.
• She questioned whether this is the policy the Council wants to set in place.
City Manager Murphy indicated that he did not believe this was a
duplicate Budget Amendment. He said there have been several
donations approved by the City Council at the last three meetings. In this
particular case, he explained that the City has $12,000 in the General Fund
budget for the Literacy Program which is to be matched by donations. He
indicated that the $20,000 is the matching donation which will support the
program at a reduced level this year. He said that without the donations
and appropriation of the money for the program, the program would
have to be funded from General Fund revenues.
Council Member Glover asked if the Literacy Program budget is $32,000.
Mr. Murphy explained that this year the City's commitment is $12,000.
Community Services Director Kienitz explained that the total expenditures
this year for the literacy Program is $32,000 ($12,000 from the City's General
Fund). She further explained that this budget amendment is actually a
clean -up since the funds were donated in July to run the program this
year, however in the course of the budget process the money was turned
in but did not make it to the City Council agenda. She said that the
Literacy Program has been funded using these donations, however the
funds were never officially appropriated.
Motion by Council Member O'Neil to approve 1A -036 in the amount of
• $20,000 from library donations to be used for part-time salaries. The motion
carried by the following roll call vote:
Volume 50 - Page 107
INDEX
BA -036 (40)
City of Newport Beach
City Council Minutes
March 25, 1996
Ayes: O'Neil, Edwards, Debay, Glover, Watt and Mayor Hedges
Noes: None
Absent: Cox
Abstain: None
INDEX
• PUBLIC HEARINGS
26. PUBLIC HEARING REGARDING THE 1995 UPDATE AND REVISION TO THE CITY 1995 Updt /Rvsn
OF NEWPORT BEACH URBAN WATER MANAGEMENT PLAN. NB Urban Wtr
1Mgm Plan (89)
Utilities Manager Eldon Davidson explained that the first update of the
Urban Water Management Plan was adopted by the City Council in
November of 1990. He said that the plan has to be updated every five
years, a public hearing is required and it must be filed by March 31, 1996.
He stated that the Plan addresses the following: 1) general information
including utility size, population served and number of service
connections; 2) water use history including past, current and projected
consumption; 3) current water conservation measures; 4) alternative
conservation measures with an evaluation of costs and environmental
factors; 5) frequency and magnitude of supply deficiencies including
drought and emergency plans for short-term deficiencies; and 6)
implementation schedule of planned water conservation measures. He
noted that the City's water conservation ordinance is included in the plan.
In response to Mayor Pro Tern Debay's question about if the City is
responding to Curt Pringle's bill that bases water quotas on the previous
year's use, which the City doesn't have, Mr. Davidson indicated that the
City is reviewing that issue, however it does not affect this plan.
Council Member Watt stated that at the Utilities /Public Works Committee
meeting the committee discussed the fact that this is a five -year plan,
however it can be updated at any time. She indicated that at the
meeting Mayor Hedges suggested reviewing the phasing and usage
restrictions of the plan. She stated that the first three phases of Section
14.16.050, permanent water usage restrictions, are a little bit more
restrictive than need to be at the moment so they are left on the books
only to be raised if someone wanted to raise them. She said they should
be reviewed again and alternatives considered.
Mayor Hedges noted that on page 24 of the Urban Water Management
Plan staff has addressed a customer based incentive driven water rate
structure, which is what Council Member Watt is talking about. He said
that the City needs to get away from the regulatory tone of the existing
drought ordinance since the restrictions are difficult to enforce. He said
that staff is addressing that aspect of the plan to make it more market
driven.
Mayor Hedges opened the public hearing and hearing no testimony,
closed the hearing.
Motion by Council Member O'Neil to approve the City's Urban Wafer
Management Plan for 1995.
• Mayor Pro Tem Debay commended staff on their accomplishment over
the last several years on the water project.
Mayor Hedges requested that staff investigate expanding the ultra -low
flush toilet program to multi - family residential and commercial properties.
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City of Newport Beach
City Council Minutes
March 25, 1996
The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Glover, Wait and Mayor Hedges
Noes: None
Absent: Cox
• Abstain: None
PUBLIC COMMENTS
• Phil Sansone, Corona del Mar, addressed the Council regarding the
necessity for defeating Measure S at the polls on Tuesday.
• Steve Stafford, 3250 Broad, voiced complaints about the Building
Department personnel and questioned when the problems in the
department will be rectified.
• Larry Root, 1012 Polaris, addressed the Council on the implications of
voting down the airport. He indicated that the Federal Transportation
Authority has identified the Los Angeles to San Diego corridor as a priority
corridor. He also provided information about some planned rail
improvements.
• Bing Girling, 200 Crystal Avenue, urged the residents of Orange County to
vote no on Measure S.
• Dolores Offing, Newport Beach, questioned the changes made to the
water reserve and sewer reserve funds.
• Mayor Hedges reported that he toured the Balboa Theater that was
• purchased and is being renovated and restored by the Wortmann family.
He said it will really be an asset and will rival the Balboa Pavilion once it's
completed. He said that a non - profit organization, the Balboa Theater
Foundation, has been formed to support the theater and once they get
their non - profit status from the government they will be holding fund-
raisers. He urged anyone who would like to support the group and the
efforts of the Wortmann family in restoring the Balboa Theater to call the
City for more information.
CONTINUED BUSINESS
27. ECONOMIC DEVELOPMENT COMMITTEE VACANCIES.
Mayor Hedges indicated that he did not have nominees to fill the
vacancies on the Economic Development Committee (representatives for
the Building Industries Association, Lido Business District and Cannery
Business District).
Motion by Mayor Hedges to continue the appointments until April 22, 1996.
The motion carried by the following roll call vote:
Volume 50 - Page 109
INDEX
Economic Dev
Committee
(24)
Ayes:
O'Neil, Edwards, Debay, Glover, Watt and Mayor Hedges
Noes:
None
Absent:
Cox
•
Abstain:
None
Volume 50 - Page 109
INDEX
Economic Dev
Committee
(24)
City of Newport Beach
City Council Minutes
March 25, 1996
CURRENT BUSINESS
28. LANDFILL DISPOSAL FEES.
Council Member O'Neil noted that one of the options proposed by staff is
• the potential use of the El Sobrante landfill owned by Western Waste
Industries. He reported that since Western Waste is a client of his he would
abstain from taking any action on this matter and from any other
involvement with this issue in the future. He said he will not be talking to his
City Council colleagues, staff or anyone else about this matter. Since this
was the last item on the agenda Council Member O'Neil also requested
and was granted permission to leave the the meeting as well.
City Manager Murphy reported that one of the five primary goals that the
Council adopted for 1996 is to determine the optimal solid waste disposal
solution for the City. He said that this is a unique and important item to
Newport Beach since the City has an initiative ordinance which requires
the City to pay all the cost of collection and disposal of rubbish and refuse.
He said that the landfill tipping rates have been raised from $22.75 to
$35.00, a net cost of about $193,000. He said that the City needs to look at
where to ultimately deposit the waste stream in the future to guarantee the
lowest and most stable cost for the long term. He explained that prior to
1992 there was no tipping fee for the County landfills and until a week ago
when it was reduced to $27.00 it was $35.00. Mr. Murphy indicated that
the three options available are to stay with the County, assuming they
retain ownership of the landfills; moving with a flow - control agreement with
the Orange County Sanitation district, presuming the Sanitation District
buys the landfills; or look at an outside provider, a private owner and
operator of the landfill. He said the City had discussions with private
• owners and came to the conclusion that there is really only one that is truly
viable. He said staff is asking Council to look at the options and instruct
them to continue to pursue the three options that have been identified.
He said that for every day the City delays lowering the costs and getting a
long term option, the City is at risk of the cost increasing and potentially
spending money that may not need to be spent if a cheaper more stable
long -term option can be found. He explained that a policy committee of
the County Sanitation District indicated that they would recommend to the
full board that they no longer pursue the acquisition of the landfills.
Referring to an exhibit attached to the staff report which identifies the sites,
addresses, the life -span and the cost per ton, Mr. Murphy said that staff's
conclusion is that there are very few options.
General Services Director Niederhaus reiterated that this is a very fluid
situation which changes from week to week. He said staff is really
concerned about identifying a long -term economical location in which to
dispose of the solid waste stream (about 45,000 tons per year).
Council Member Glover questioned whether the City really wants a long-
term commitment since the County is in such flux and the situation may be
just too fluid for a long -term commitment at this point.
City Manager Murphy said that since the County board came to the
• conclusion that they either want to retain the system or look at privatizing
the system, there has been a good deal of concern on the part of the
cities about the public sale of the landfills without some sort of control on
rates. He said that in the future an option may come back to the Council
that instead of having the County look at privatizing and selling the
landfills that they retain them but give the cities more control in the rate
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March 25, 1996
setting and operation. He indicated that the City cannot absorb these
types of increases every year without looking at some reductions in
services, therefore there needs to be a long -term sustainable solution. In
response to Council Member Glover, Mr. Murphy indicated that the Board
of Supervisors has indicated it will take 2 -5 years to do anything.
• Mayor Pro Tern Debay reported that as a Director on the Sanitation District
Board she was one of four that voted against the District taking over the
landfills. She said that everyone is looking for alternatives to landfills and as
noted in the staff. report, County landfills have declined 34% in the past five
years and expect to drop an additional 23 % by the year 2000. She said this
means that the cost of maintaining the closed landfills has to be covered
by the tonnage, which is an indication that the price will go up at all
landfills.
Mr. Niederhaus pointed out that an important element in the Western
Waste proposal is not just the ten -year stability of waste disposal, but also
the inclusion of transportation to the landfill, as well as indemnification. He
said these are the three important elements needed in solid waste
management for the next ten years.
Council Member Edwards asked what the current rate is ($27.00) and
asked if the City could get $18.50 without the indemnification. He asked
what the cost would be to out - source the CERCLA indemnification. Mr.
Niederhaus indicated that it would probably be impossible to buy
because the City would be dealing with a private landfill and there would
be a host of liability issues. Council Member Edwards asked if anyone at
the County considered the possibility of having the cities purchase, as a
group, the policy in order to get the cost down to as low as $22.50. Mr.
• Murphy said that clearly the County felt the price was too low, so the cities
would have to raise the price to get the Board's attention and he doesn't
know if the cities have the financial wherewithal to put together a plan to
buy it. He said the Sanitation District proposal, while it wasn't the cities
formally as entities, would effectively have been the cities because they
would have each had a seat on the Board. He also stated that the City
has some serious concerns because the BKK landfill is closing and they
have also had some superfund issues related to another portion of their
operations, so that is probably not an option.
Council Member Glover stated that she served on a committee for the
League of Cities and the committee considered the possibility of forming a
JPA (Joint Powers Agreement) regarding the landfills. She said it would be
possible to decrease the fees if certain management decisions were
made. She said the committee did review the suggestions made by
Council Member Edwards and they did not think they were viable.
Phil Sansone, Newport Beach, stated that he served on the County
Integrated Waste Management Commission for four years, and cautioned
the City to proceed very slowly on this. He verified that the tonnage is
decreasing every year because of the diversion created by AB939. He
also cautioned that the Board has already stated that any city that pulls
out of depositing trash in the County landfill will be liable for their portion of
the household hazardous waste program.
• Madelene Arakelian, owner of South Coast Integrated Refuse System and
President of Greater Los Angeles Haulers Association, reported that she is
on a committee that is looking for alternatives to landfills in all the
jurisdictions and it would be a foolish move to make a ten -year
commitment.'
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March 25, 1996
Dolores Offing, 5 Star Rubbish Co., Newport Beach, voiced concerns
about Council Member O'Neil's representation of Western Waste. She
gave cash flow projections from the County of Orange; addressed
indemnification by the County for imported trash; the sale of Western
Waste to USA Waste; the reference to moving quickly on this issue;
questioned what a long -term agreement is; and what implication an
agreement would have on the independent haulers in the City.
Motion by Mayor Pro Tern Debav to receive the update on landfill options
and alternatives: direct staff to continue to monitor and evaluate Sanitation
District and Orange County solid waste disposal proposals; to continue
negotiations with Western Waste Industries for a long term solid waste
disposal contract utilizing El Sobrante Landfill in Corona; and to return to
Council with a recommended alternative for long term landfill disposal at
the earliest possible date once the direction is clear with the County
Sanitation District and Western Waste. She said Council is not instructing
staff to move quickly, but carefully.
Council Member Edwards reiterated that Council is not trying to rush this
issue and agreed that the City needs to move extremely cautiously, but as
stated by Mayor Hedges, the City is caught literally between the
proverbial rock and a hard place because the City will be hit with fees
that appear to be escalating until something is locked in. He said that
based on what he heard from all the speakers, clearly finding the best
price for the City of Newport Beach is everyone's primary concern.
Mayor Hedges explained that the City's solid waste disposal is paid for by
the City's General Fund.
The motion carried by the following roll call vote:
Ayes: Edwards, Debay, Glover, Wait and Mayor Hedges
Noes: None
Absent: Cox
Abstain: O'Neil
MOTION FOR RECONSIDERATION - None
ADJOURNMENT - 8:40 p.m.
The agenda for this meeting was posted on March 20, 1996 of 5:10 p.m. on the City
Hall Bulletin Board located outside of the City of Newport Beach Administrative
Building.
Attest:
I i, ,&
City Clerk
Mayor
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