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HomeMy WebLinkAbout03/13/2007 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session March 13, 2007 — 4:00 p.m. ROLL CALL Present: Council Member Curry, Mayor Pro Tem Selich, Mayor Rosansky, Council Member Webb, Council Member Daigle, Council Member Gardner Excused: Council Member Henn 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. In response to Council Member Gardner's question about Item No. 6, City Manager Bludau clarified that the SAHPAC is complimentary of the City. In response to Council Member Daigle's question on Item No. 9, City Manager Bludau stated that an architect is being hired and concept plans will be discussed at future study sessions. Council Member Webb asked about the incorporation of the Corona del Mar library with OASIS being an option, and it was clarified that the library is an option that will be addressed. Pertaining to Item #23, Council Member Daigle wanted to know if it is normal that the City have an agreement on this type of item. Police Chief McDonell stated that the agreement is a part of the capital improvement budget and explained the purchasing/bid options. In response to Council Member Webb's concerns about the annexation and redevelopment agency issues, City Manager Bludau clamed on Item No. 6 that the cost to provide the Code and Water Quality Enforcement are reimbursed to the City and this is the second contract the City has entered into to provide these services for the area. Council Member Curry asked if Item No. 4 had stakeholder input and Assistant City Manager Wood stated that there is a long list of interested parties and it has been to the General Plan Implementation Committee twice. In response to Council Member Curry regarding Item No. 7, City Attorney Clauson stated that it is typical that agreements include professional liability insurance. However, the City has been using Hessell for a long time and she thinks the issue was discussed previously but cannot recall the specifics. Assistant City Attorney Harp stated that Hessell has agreed to enter into the City's typical Professional Services Agreement. Council Member Henn joined the meeting at 4:11 p.m. In response to Council Member Henn on Item No. 16, City Manager Bludau stated that the Planning and Building department directors are reporting to Assistant City Manager Wood, which was what he understood Council had requested. City Manager Bludau stated that staff is recommending that Item No. 10 be continued for Volume 58 - Page 69 City of Newport Beach Study Session Minutes March 13, 2007 two weeks. In regard to Item No. 14, he stated that he is expecting a letter from The Irvine Company stating that they will not accept any liability for banners hung on the light poles. In response to Council Member Webb's question regarding the use of the poles for previous events, City Manager Bludau confirmed that the rust problem issue was brought up recently. City Manager Bludau noted that Item No. 18, which is not part of the Consent Calendar, will be continued for two weeks. 2. OCTA PRESENTATION REGARDING THE FUNDING OF MEASURE M PROJECTS. City Manager Bludau introduced Monte Ward, Director of Special Projects, OCTA, who presented a PowerPoint presentation reviewing vote results for Measure M in Newport Beach. He stated that Newport voters approved Measure M at a higher rate than other parts of the County. There are new elements to Measure M (M2) which consists of local, transit, environmental, revised elements and oversight programs. These programs will be revised to allow Newport Beach to compete for more funds. OCTA is in the process of setting priorities and a schedule is laid out to undertake Measure M which will involve a wide range of input from community groups and businesses. The other 2007 projects that are priorities are Completion of State Route 22, SR -22 Phase II Design, I -5 Gateway Project, Interstate 405 (I -405) Preliminary Engineering, State Route 91 (SR -91) Eastbound Environmental Impact Report (EIR), Northbound State Route 57 EIR, South County Major Investment Study (MIS), Signal Coordination Pilot Projects, Tunnel Geotechnical Study, Central OC Corridor Study, State Route 55 Terminus Study, High Occupancy Vehicle Policy Review, Bus Rapid Transit EIR, High Speed Rail EIR and Go Local -City Transit Program. Mr. Ward presented slides that showed the breakdown of funds from Proposition 1B and the SR -91 Corridor. In response to Mayor Pro Tem Selich's question about how the City gets their priorities to the OCTA, Mr. Ward stated that first Council and staff need to think about how they would weigh in on priorities and later the OCTA will be asking for input from the City. The advisor on the technical committee will make recommendations for competitive funding. No cities are eligible right now but the goal of OCTA is to have all of the cities to be considered "eligible jurisdictions" by 2009. Council Member Webb clarified the efforts to become Measure M qualified stating that the City had no problems qualifying under the first Measure M plan. He asked if there is maintenance of efforts in the new Measure M plan. Mr. Ward stated the City will start with the same baseline efforts in 2011 but it will be indexed upwards from that point. Council Member Webb clarified that the City will have the decision for local projects; however, for regional projects the City would have to quickly weigh in at hearings. Mr. Ward stated that the OCTA is looking to have early action on 7 out of 12 freeway projects, two major street programs and the transit programs including local community transit. Council Member Curry congratulated Mr. Ward and the OCTA staff for how they put the plan together and stated that they deserve credit for their accomplishments. He encouraged the OCTA to leverage funds and hopes that they will have an early action program for traffic synchronization and vehicular runoff in Newport Bay, which are major concerns to the City. Mr. Ward said that there will be a technical committee to advise and make recommendations to the Board. Volume 58 - Page 70 City of Newport Beach Study Session Minutes March 13, 2007 3. SOLID WASTE FRANCHISE AGREEMENTS. General Services Director Harmon presented a PowerPoint presentation on commercial solid waste collection. He stated that the City uses a non - exclusive system which allows for a wide range of haulers. He clarified that these franchise agreements deal strictly with commercial solid waste. The City currently has 25 haulers, 9 are fixed routes and 16 are temporary bin services. The current agreement was entered into in 1996 for 10 years and will expire this month, therefore he is asking the Council to enter into new franchise agreements with the existing haulers. The haulers are regulated for health and safety reasons, trucks are inspected for conditions and drivers are properly licensed. If the AB939 diversion requirements are not met it will result in a $10,000 daily fine for the City. In response to Council Member Daigle's question about the term of the agreement, General Services Director Harmon stated that the haulers indicated preference fora 10 year term since it benefits them financially because of equipment purchases, etc. He also clarified that once the haulers pick up the waste it becomes theirs and it is questionable about whether the City can tell the haulers where to take the trash. The more restrictions the, City gives the haulers, the more expensive it will be. General Services Director Harmon reviewed the franchise fee and the environmental liability fund calculations. He stated that there was a survey done by the City in 2003 which indicated that the franchise fees are within industry standards. In response to Mayor Pro Tem Selich's question about the solid waste agreement renewal term, General Services Director Harmon explained that the 10 year term will allow the haulers to upgrade equipment, however the agreements can be jointly cancelled and it doesn't limit the City's ability to change the waste diversion percentages. The haulers are required to divert 50% of commercial waste. Council Member Webb asked what the diversion rate is for residential waste and if the City should ask the commercial waste haulers to obtain a higher diversion rate to offset the amount of residential diversion. General Services Director Harmon stated that the City's solid waste collection diversion for residential is 30% and the combined amount for residential and commercial is 57 %. General Services Director Harmon spoke briefly about the different aspects of the franchise agreement including the challenges with non - franchised haulers. In response to Council Member Daigle regarding Section 9 of the 1996 agreement and Section 9 of the proposed franchise agreement, Revenue Manager Glen Everroad explained that the City had 4 audit cycles in the last 11 years using different auditors. The agreement states that the haulers information is kept confidential and there are also State requirements that the franchisee records be kept confidential unless there is a court order. The haulers are reconciled annually now and it has improved the relationship between the City and the haulers. In response to Council Member Webb's question regarding an increase to the diversion rate for the commercial haulers in order to meet state mandated requirements, General Services Director Harmon stated that he believes overall the City will be at 57 %, but is open to gradually adjusting the commercial requirement to 55 %. Mayor Pro Tem Selich stated that he is concerned about entering into a ten year agreement; however City Attorney Clauson stated that the law requires that the City give a five year Volume 58 - Page 71 City of Newport Beach Study Session Minutes March 13, 2007 notice to change or cancel the franchise anyway. In response to Council Member Gardner, City Attorney Clauson stated that if an individual hauler is not operating under the terms of the agreement, the City can terminate the agreement without providing a five year notice. General Services Director Harmon reviewed a map of the City denoting the different areas of the City and who collects the trash in each area. PUBLIC COMMENTS - None ADJOURNMENT - 5:17 P.M. The agenda for the Adjourned Regular Meeting was posted on March 7, 2007, at 2:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk K, .90 Mayor Volume 58 - Page 72 (Z Secretary