HomeMy WebLinkAbout02/27/2001 - Study SessionCITY OF NEWPORT BEACH
City Council Minutes
Study Session
February 27, 2001- 4:00 p.m.
Present: Ridgeway, Proctor, Glover, Bromberg, Mayor Adams
Absent: Heffernan (excused), O'Neil (excused)
CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR.
Regarding Agenda Item 5 (Janitorial and Related Services for Park and
Beach Restroom Facilities), General Services Director Niederhaus reported
that the cost of having two part -time employees conduct the janitorial
services is $22,200 a year; the cost for a City employee on overtime is
$46,000 a year; and the contract with A -1 Spinelli Enterprises would cost
$33,400 a year. He indicated that 52 vendors were invited to bid on this and
assured Council that staff made sure that the vendors understood their
obligations.
2. CITY RECYCLING PROGRAM.
General Services Director Niederhaus introduced Management Analyst
Eldridge, Refuse Superintendent Russo, and Refuse Supervisor Hinckley
and reported that they are currently recruiting for a Recycling Coordinator.
Utilizing a PowerPoint presentation, he reviewed the history of the recycling
program. He stated that in the early 1900s, recycling consisted of using
burlap sacks for refuse and transporting food waste to agricultural facilities
for pig feed. From 1950 to 1990, refuse was hauled to a variety of landfills.
He discussed the transfer station that was built in 1988 and how it expanded
the City's options for long haul transfers to Material Recovery Facilities
(MRF). He reported that the City had a successful newspaper recycling
program from 1973 to 1989 which generated between $35,000 to $62,000 a
year. The program was stopped when the City began its full recycling
program.
Mr. Niederhaus reported that Assembly Bill 939, which deals with the
national landfill shortage crisis, was adopted in November 1989. He
indicated that, since it was predicted that Orange County landfills would be
full by the mid - 1990x, cities needed to start conserving the current landfills
through recycling programs. He added that some landfills were also built
improperly and posed a continued health threat. He stated that California
set a 25% recycling rate goal by December 31, 1995 and a 50% goal by
December 31, 2000, and requires that cities first reduce solid waste through
source reduction. He reported that AB 939 has provisions to fine local
governments $10,000 a day for noncompliance, but noted that most of the
fines have been issued for failure to submit a recycling plan. He added that
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AB 939 also requires that cities generate a Source Reduction and Recycling
Element (SRRE). The City's SRRE includes a composting component,
education/public information component, and a household hazardous waste
component. He stated that the City also conducted a Waste
Characterization Study which broke down the refuse into 14 categories.
Mr. Niederhaus reported that businesses generate about 90,000 tons of
waste a year and that this was initially managed through a solid waste
permit. He indicated that waste is now managed through non - exclusive
solid waste franchises in order to keep competition open. He stated that
there are nine solid waste haulers and seven demolition haulers that
currently operate in the City, and that they provide the City indemnification
from environmental liability and the 25% and 50% recycling rate.
Mr. Niederhaus reported that the City has a five year contract with CRT to
recycle 25% of the residential waste. Further, solid waste permits were
issued to all the private haulers with the requirement that they recycle 5%
to 25% of the waste. He stated that the Recycling Element was completed in
1991 and that the City required its parks maintenance contractor to recycle
all the greenwaste. He added that the City has also had a used oil recycling
program since 1997. Mr. Niederhaus explained what happens to residential
trash once it is picked up and noted that residents are not required to break
down materials since the City ultimately takes the waste to a mixed waste
recycling facility that sorts it. He reported that commercial haulers are
required to process materials from residents and demolition sites, and added
that wood waste is also recycled.
Mr. Niederhaus indicated that the City's recycling rate was 42% in 1995 and
47% in 1999, and that these figures were generated by a complicated
formula that differs from the City's records. He added that the City will not
know if it met the 50% diversion rate goal for 2000 until May /June 2001. He
reported that, if the City does not reach its 50% diversion rate goal, Senate
Bill 1066 allows cities to request a five year extension.
Mr. Niederhaus stated that solid waste operation options include converting
to an automated collection system, hauling waste by rail to desert area
landfills, and using alternate fuel refuse collection vehicles. He reported
that AQMD Rule 1193 mandates that any vehicle purchased for refuse
collection after July 31, 2001 use alternate fuel. He added that the 10 year
review for non - exclusive franchises will occur in 2005 and noted that the
City is collecting 16% of the net proceeds ($400,000 a year) from all
commercial solid waste operations.
Mr. Niederhaus expressed concern with businesses bypassing the recycling
requirements and franchise fees. He indicated that the City is working with
the County to identify who is doing this and believed that the offenders are
mostly demolition contractors, landscapers, and roofers. He stated that they
are working with the Building Department on tightening the City's
demolition permit process and will also be monitoring the franchise haulers
as soon as a Recycling Coordinator is hired.
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In response to Mayor Pro Tem Ridgeway's questions, Mr. Niederhaus
expressed the opinion that it is impossible to recycle 50% of the waste
stream, especially food waste from commercial sites. Regarding education,
he indicated that their annual education materials request that residents
separate its wet materials (dog droppings and food waste) so the waste is not
contaminated. He added that the CRT is required to produce new brochures
annually and that they are also sent to new homeowners. Mayor Pro Tem
Ridgeway suggested that the City distribute education material on a
quarterly basis.
Mr. Niederhaus indicated that he is not aware of a demand for non-
consumable food products and confirmed that more than 60% of food waste
is not being recycled. He stated that the shortfall in recycled food waste is
made up through the recycling of concrete, asphalt, and wood that is crushed
to make road base. He reported that, if the City meets the 50% goal, it will
look at new programs to educate businesses on separating food waste.
Mr. Niederhaus noted that 44% of the properties in the City are rental
properties and that it would be difficult to educate them on the City's
recycling program. He indicated that it makes sense to convert to an
automated trash pickup system because of the savings, but pointed out that
this would not work in areas like the Peninsula since the containers are
large. City Manager Bludau stated that the large containers are also
difficult for the elderly to maneuver. Council Member Glover added that the
containers are unattractive.
Regarding food waste, Council Member Heffernan stated that the Orange
County Food Bank has petitioned for a building with dining accommodations
at El Toro in order to put in a recycling kitchen. He indicated that 90% of
the restaurant foods could be recycled at the facility and passed out after it
is flash - frozen. This would be done under a Federal job training program
that is paid for by the Federal government.
In response to Council Member Proctor's question, Mr. Niederhaus stated
that cities, like Irvine, that have residents separate its waste into bins have
a 10% to 15% lower recycling rate than Newport Beach. He added that he
could arrange a tour for Council to the Huntington Beach or Stanton MRF.
In response to Mayor Adams' questions, Mr. Niederhaus reported that they
relay contamination - related issues via a public service announcement on
cable. He also indicated that separating the various types of restaurant
waste is done by the individual haulers and that they continually compete
for each other's business. He added that the haulers conduct a waste audit
to assist the businesses on better recycling practices.
3. PROPOSED HARBOR AND BAY ELEMENT.
Senior Planner Alford reported that Council extended the term of the Ad Hoc
Harbor Committee to allow them to complete their work on the proposed
Harbor and Bay Element. He reviewed the Element's five goals that are
outlined in the staff report and added that the Element also includes a
number of proposed objectives, policies, and implementing strategies that
need to be discussed during a public hearing. Council Member Glover
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suggested holding Town Hall meetings on this issue,
Mariner's Mile businesses.
Mayor Adams reported that the General Plan Update Committee will be
recommending that Council proceed with a visioning process that may take
about 12 months and added that a formal update of specific Elements will
then be conducted after this. He believed that hearings on the proposed
Element can proceed and then be subject to review and refinement into the
General Plan Update. He expressed the opinion that this would lose
momentum if Council waited for the General Plan Update process. Mayor
Pro Tem Ridgeway stated that the Harbor Committee has been meeting for
over two years. He believed that the document is a well drafted policy
document, not a specific document, and expressed hope that Council moves
forward on this as a separate document from the General Plan. He reported
that no city in the country has a Harbor Element as part of its General Plan.
Council Member Bromberg noted that the Bay is the City's backyard and
faces many challenges daily. He stated that he is in favor of moving forward
and believed it should be one of the City's highest priorities. He requested
that a Town Hall meeting also be conducted on Balboa Island since it is
surrounded by the Bay.
In response to Council Member Heffernan's question, Mayor Pro Tem
Ridgeway stated that the Harbor Committee would like to become a
Commission, but believed that they intend to get the Element in place first.
He emphasized that he does not want the Committee to disband and noted
that language has been prepared for a subsequent Council meeting that
would change the Committee into a Commission.
Council Member Heffernan expressed concern relative to the Ardell property
being on the market and the chance that whoever buys the property may be
expecting to use the property for something other than a Harbor use.
Council Member Glover believed this is not a concern since the property has
been on the market for over 11 years.
Mayor Adams stated that there is consensus to move this forward
independent of the General Plan process. However, he expressed concern
relative to the formation of a Commission due to the relationship it may
have to the Planning Commission and since it may add another level of
bureaucracy to City government. Mayor Pro Tem Ridgeway believed that a
Harbor Commission could look at issues concerning eel grass, clean water,
the Back Bay, bulkhead construction, sand erosion, etc. He stated that
Council may not need to engage in these issues and that these issues are
beyond the purview of the Planning Commission.
Seymour Beek, 528 South Bay Front, Chairman of the Harbor Committee,
stated that the composition of the Committee is diverse and all of the major
interests around the Bay have been well represented. He believed that the
proposed Element is a document that has been worked over thoroughly.
Regarding forming a Harbor Commission, he pointed out that the Harbor
Committee has already looked at issues concerning moorings, dredging, eel
grass, anchorages, Bay access, docks, entertainment and charter boats, Bay
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animals, marine construction equipment storage, pumpout stations, boater
information, and storm clean -ups.
John Corrough, 1004 South Bay Front, stated that he is on the Harbor
Committee and is a consultant in these types of issues. He referenced the
staff report that lists the 13 interests the Committee represents and stated
that everyone has overlapped in five or more interests. He reported that
Newport Beach is the only city in California with a water resource but no
commission, and noted that this poses a disadvantage when the Committee
tries to engage other governmental agencies for loans, grants, and other
types of support. He added that the City also needs to get back money that
is being allocated to other cities, like the pennies on every gallon of gas or
diesel that is sold in the Harbor. He concluded by stating that the proposed
Harbor and Bay Element is a winner and thanked Senior Planner Alford and
City Attorney Burnham for all their assistance. Council Member Glover
added that they could really help the City with the Local Coastal Plan.
Lee Sutherland, 1401 North Bay Front, stated that there are a lot of issues
that only apply to the Bay and noted that they could act in an advisory
capacity to the Planning Commission or Parks, Beaches and Recreation
Commission, and help and support the Harbor Resources Division. He
reported that the composition of the Committee is broad and included
several members from Mariner's Mile. Mayor Pro Tern Ridgeway added that
environmentalists were also involved in this process. He expressed hope
that this moves forward to the Planning Commission or Council and agreed
that more debate should be conducted so everyone's interests are addressed.
Mr. Alford noted that the General Plan Amendment has been initiated by
the Planning Commission and Council, and that a proper means of
notification and public outreach needs to be determined if something more
than public hearings are to be conducted. He stated that the City will
probably need to generate a negative declaration. Mayor Adams suggested
that the Committee discuss the outreach program process and come back to
Council with recommendations at the next regular meeting. Mayor Pro Tern
Ridgeway noted that the Harbor Committee is meeting tomorrow morning
and expressed hope that the workshops could be conducted concurrently
with moving this forward. Mayor Adams congratulated the Committee for
producing this document and indicated that they made a good case for the
formation of a Commission.
Council Member Heffernan asked if the Harbor and Bay Element deals with
specific uses and potential changes of uses. Mayor Pro Tem Ridgeway
pointed out that the Element is a strong policy document to maintain the
Harbor as it exists and reported that the Committee added language which
allows the City to buy a conservation easement, particularly for the
boatyards, to prevent the conversion of the entire Harbor into a residential
community. John Corrough added that the Element encourages the market
place to utilize various techniques for the mixed uses so that the unique
waterfront is sustained and enhanced. Mr. Beek noted that a draft Element
was reviewed by Council about a year ago and that the current draft has
been watered -down because the previous Council had concerns that it was
too restrictive and interfered with the Bay Front owners' property rights to
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change the use.
Council Member Glover believed that it would be in the best interest of the
City to make it a goal to help people understand that Mariner's Mile is a
water community.
Assistant City Manager Wood believed that one of the keys to the Harbor
and Bay Element policies and the City's ability to implement them is making
it an Element in the General Plan since State law requires that all the
General Plan Elements be consistent with one another. Mr. Alford indicated
that there are no apparent inconsistencies between the Harbor and Bay
Element and other General Plan Elements.
PUBLIC COMMENTS - None.
ADJOURNMENT - 5:35 p.m.
The agenda for the Study Session was posted on February 21, 2001, at
2:48 p.m. on the City Hall Bulletin Board located outside of the City of
Newport Beach Administration Building.
City Clerk
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Recording Secretary
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Mayor
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