Loading...
HomeMy WebLinkAbout11/27/2012 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 27, 2012 -- 7:00 p.m. I. STUDY SESSION - Cancelled II. ROLL CALL - 6:00 n.m. Present: Council Member Hill, Mayor Pro Tem Member Henn, Council Member Daigle Excused: Council Member Rosansky III. PUBLIC COMMENTS -None TV. CLOSED SESSION - 6:00 P.m. Curry, Mayor Gardner, Council Member Selich, Council A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LI'T'IGATION - INITIATION OF LITIGATION (Government Code § 54956.9(c): 1 potential case B. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6) Agency Designated Representatives: Dave Kiff, City Manager and Terri Cassidy, Deputy City Manager/Human Resources Director; Negotiators Employee Organizations: All Labor Associations: Association of Newport Beach Ocean Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Lifeguard Management Association (NBLMA); Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association (NBPA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Association (NBPTEA) V. RECESS VI. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING VII. ROLL CALL Present: Council Member Hill; Mayor Pro Tom Curry; Mayor Gardner; Council Member Selich; Council Member Henn; Council Member Daigle Absent/Excused: Council Member Rosansky VIII. CLOSED SESSION REPORT - City Attorney Harp reported that there were no reportable actions taken. Volume 60 - Page 648 City of Newport Beach City Council Minutes November 27, 2012 IX. PLEDGE OF ALLEGIANCE - Council Member Selich X. INVOCATION- Melinda Blackman, Harbor Christian Church XI. PRESENTATION Presentation of Cultural Arts Grant Checks - Arts Coordinator Barbier and Library Services Director Cowell thanked Council for its support, City Arts Commission Chairman Robert Smith addressed various events sponsored by the Arts Commission and presented the grant checks to the South Coast Repertory Theater, Southland. Opera, Newport -Mesa YMCA, ExplorOcean Nautical Museum, Newport Beach Film Festival, Festival Ballet Theater, and the Baroque Music Festival of Corona del Mar. XIL NOTICE TO THE PUBLIC XIIL Council Member Henn reported that the Tidelands Management Committee will be meeting on November 28 in the Council Chambers at 4:00 p.m, and announced that a Special Council Meeting will be held in the Council Chambers at 6:00 p.m. on November 28 to discuss residential dock rents. Council Member Selich reported that there will be a tree lighting ceremony in front of the Balboa Island Fire Station on December 2 from 4:00 p.m. to 6:00 p.m. Mayor Gardner announced that the Corona del Mar Christmas Walk will be held on December 2 from 11:00 a.m. to 4:00 p.m. and that there will be a tree lighting ceremony on December I at ExplorOcean at 6:00 p,m., with children's activities starting at 2:00 p.m. She also reported that the December 11 Council meeting will be held at the new Council Chambers, but the meeting is not the grand opening for the facility which will occur in the spring or summer of 2013. XIV. CONSENT CALENDAR Council Member Henn encouraged residents to read the Quarterly Business Report (QBR) (Item 20) which is also available on the City's welesite (www.newportbeachea.gov). In response to Council Member Hill's questions regarding Item 3 (Approval of Measure M2 Expenditure Report), Item 5 (CaIRecycle Rubberized Pavement (TRP) Grant Authorization], Item 9 (2012 -14 Streetlight Improvement Project), and Item 10 (Reprographic Services), Public Works Director Webb indicated that only Item 3 deals with Measure M2 expenditures; the contract associated with Item 5 contains standard language provided by the State and that he guaranteed that he will not designate the authorization to anyone else; and staff has analyzed paybacks and provided details (Item 9). Regarding Item 10 (Reprographic Services), City Manager Kiff indicated that utilizing retired employees to perform the tasks would entail a contract with the State, not the City, so the retired employees would not be prohibited by the provision. A. READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. MINUTES FOR THE NOVEMBER 13, 2012 STUDY SESSION AND AND REGULAR MEETING. [100 -20121 Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all Volume 60 - Page 649 City of Newport Beach City Council Minutes November 27, 2012 ordinances and resolutions under consideration, and direct the City Clerk to read by title only. B. RESOLUTIONS FOR ADOPTION 3. APPROVAL OF MEASURE M2 EXPENDITURE REPORT. [100 -20121 Adopt Resolution No. 2012 -103 approving the M2 Expenditure Report, substantially to form, subject to technical revisions in conformance with the Orange County Transportation Authority (OCTA) guidelines. 4. REIMBURSEMENT RESOLUTIONS FOR MARINA PARK, SUNSET RIDGE PARK, AND 1499 MONROVIA EXPENDITURES. [100 -20121 a) Adopt Resolution No. 2012 -104 that would allow the City to reimburse itself for project costs incurred prior to debt issuance for the Marina Park project; b) adopt Resolution No. 2012 -105 that would allow the City to reimburse itself for project costs incurred prior to debt issuance for the Sunset Ridge Park project; and c) adopt Resolution No. 2012 -106 that would allow the City to reimburse itself for project costs incurred prior to debt issuances for the acquisition of the property at 1499 Monrovia. 5. CALRECYCLE RUBBERIZED PAVEMENT (TRP) GRANT AUTHORIZATION. [100- 20121 Adopt Resolution No. 2012 -107 authorizing the Public Works Director to act as the "Authorized Agent" to execute for and on behalf of the City any grant documents, including but not limited to, applications, agreements, amendments and request for payment, necessary to secure grant funds and implement the approved CalRecycle grant project. 6. AUTHORITY TO PROVIDE DATA FOR SALES AND USE TAX ANALYSIS AND RECOVERY OF REVENUE. [100 -20121 Adopt Resolution No. 2012 -108 authorizing Hinderliter, de Llmas & Associates HdL access to confidential taxpayer records. C. CONTRACTS AND AGREEMF,NTS 15Th STREET ROAD REHABILITATION PROJECT - OLD NEWPORT BOULEVARD TO REDLANDS AVENUE - NOTICE OF COMPLE'T'ION AND ACCEPTANCE OF CONTRACT NO. 5077. [381100 -20121 a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. 9. 2022 -13 STREETLIGHT IMPROVEMENT PROJECT - AWARD OF CONTRACT NO. 5293. 1381100 -20121 a) Approve the project plans and specifications; b) approve Pro Tech Engineering's request to withdraw its bid; c) award Contract No. 5193 to Rakan, Inc. for the total bid price, including additive bid items, of $133,780 and authorize the Mayor and the City Clerk to execute the contract; and d) establish a contingency of $14,000, approximately 10 percent, to cover the cost of unforeseen work. 10. CONTRACTING OUT REPROGRAPHIC SERVICES; APPROVAL OF OFFICE DEPOT AGREEMENT (C- 5278). [381100 -20121 a) Authorize the Mayor and City Clerk to execute a 3 -year contract with Office Depot to provide reprographic services for all work performed not to exceed $600,000 without prior authorization from the City; b) direct, the Volume 60 - Page 650 City of Newport Beach City Council Minutes November 27, 2012 City Manager to amend position control by a reduction of 2.0 FTE's; and c) authorize the City Manager to redistribute budget from a centralized cost center (Finance Department) to individual department budgets. il. AMENDMENT NO. ONE TO AGREEMENT WITH SAMPSON OIL COMPANY FOR ADDITIONAL SERVICES TO MANAGE AND OPERATE THE CITY'S OIL FIELDS (C- 4463). [381100 -2012] Authorize the Mayor and City Clerk to enter into Amendment No. One to Professional Services Agreement with Sampson Oil Company to provide additional management and operations services for the City's oil fields. 12. TRAFFIC SIGNAL MAINTENANCE - APPROVAL OF MAINTENANCE AGREEMENT WITH SIEMENS INDUSTRY, INC. (C- 5279). [381100 -2012] a) Approve a Professional Services Agreement with Siemens Industry, Inc. of Anaheim for annual maintenance of the City's traffic signal equipment for a not -to- exceed price of $280,000 per year (the initial term of the agreement shall be for a period of one year with the option to extend the agreement for an additional four years); b) authorize the Public Works Director to extend the maintenance agreement annually up to a total of five years upon successful completion of an annual review; and c) authorize the Mayor and City Clerk to execute the agreement. 13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC., FOR TRAFFIC SIGNAL MODERNIZATION PROJECT (C -5280) - SAN JOAQUIN HILLS ROAD (PHASE 6A) AND NEWPORT COAST DRIVE (PHASE 6B). [381100- 2012] Approve a single source Professional Services Agreement with Iteris, Inc. of Santa Ana for de ign of San Joaquin Hills Road (Phase 6A) and Newport Coast Drive (Phase 6B) of the Traffic Signal Modernization Project at a not -to- exceed price of $387,305 and authorize the Mayor and City Clerk to execute the Agreement. 14. APPROVE A COOPERATIVE AGREEMENT WITH THE CITY OF IRVINE FOR THE FORD ROAD AND UNIVERSITY DRIVE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (C- 5281). [381100 -20121 a) Approve the Cooperative Agreement with the City of Irvine for engineering, construction, and implementation of the Culver Drive- Bonita Canyon Drive -Ford Road and Jeffrey Road- University Drive TSSP projects; and b) authorize the Director of Public Works to approve future Cooperative Agreements for joint OCTA Measure M2 Regional Traffic Signal Synchronization Program TSSP projects. 15. ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) AMENDMENT NO, 15 TO COOPERATIVE AGREEMENT NO. C -95 -985 (C- 3051). [381100 -20121 Approve Amendment No. 1.5 to Cooperative Agreement No. C -95 -985 between the OCTA and the City of Newport Beach, and authorize the Mayor and City Clerk to execute the Amendment. 16. ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) COOPERATIVE AGREEMENT C -2 -1842 FOR PROPOSITION 1B STATE -LOCAL PARTNERSHIP PROGRAM FUNDING FOR BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION (C- 5282). [381100 -2012] Approve Cooperative Agreement C -2 -1842 with OCTA for State -Local Partnership Program funding for Balboa Boulevard and Channel Road Pavement Reconstruction project, and authorize the Mayor and City Clerk to execute the agreement. 17. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH URS Volume 60 - Page 651 City of Newport Beach City Council Minutes November 27, 2012 CORPORATION TO DEVELOP A FEASIBLE DESIGN CONCEPT FOR SEAWALLS ON BALBOA ISLAND AND LITTLE BALBOA ISLAND (C- 5208). [381100 -20121 Approve Professional Services Agreement with URS Corporation (CTRS) of Long Beach, California, at a cost not to exceed $222,800, and authorize the Mayor and City Clerk to execute the agreement. 18. RECEIVE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) REIMBURSEMENT FOR STORM - RELATED WORK AT NEWPORT BEACH CIVIC CENTER. [100 -20121 Approve Budget Amendment No. 13BA -022 transferring funds received into the General Fund from FEMA in FY 12 to the Civic Center Fund in FY 13 and appropriating $127,430 to 7410- C1002030 for storm related emergency repairs made to the Civic Center site. 19. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON PENNA FOR CIVIC CENTER PLAN CHECK AND INSPECTION SERVICES (C- 4527). [381100 -20121 a) Authorize the City Manager and City Attorney to execute an amendment to the PSA with Anderson Pecan, increasing the original contract by $205,805.90 to a revised cost not to exceed $1,296,645.90; and b) approve Budget Amendment No. 13BA -023 appropriating $205,805.90 from the Facilities Replacement fund to Account No. 7410- C1002031. D. MISCELLANEOUS 20. QUARTERLY BUSINESS REPORT (QBR) - JULY THROUGH SEPTEMBER 2012. 1100 -20121 Receive and file. 21. FIRE DEPARTMENT TIMECARD SOFTWARE ACQUISITION. [100 -2012] Approve Budget Amendment No. 13BA -021 in the amount of $104,026 from the Information Technology Strategic Fund unappropriated fund balance to expenditure account 6420 -9315. Motion by Mayor Pro Tem Curry, seconded by Council Member Hill to approved the Consent Calendar, except for the items removed (8 and 22). The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tem, Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Council Member Rosansky XV. ITEMS REMOVED FROM THE CONSENT CALENDAR 8. JAMBOREE ROAD BRIDGE WIDENING OVER STATE ROUTE 73 - NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3724.[38/100-20121 Council Member Daigle addressed the improvements made and thanked Public Works Director Webb for his work and efforts on the project. She added that the project has also allowed the City to collaborate further with the City of Irvine. Public Works Director Webb discussed the project challenges and decreased costs. He reported on the ongoing projects in cooperation with the City of Irvine and noted that the improvements should last until 2025. Volume 60 - Page 652 City of Newport Beach City Council Minutes November 27, 2012 Motion by Council Member Daigle, seconded by Council Member Henn to a) accept the completed work and authorize the City Clerk to file a Notice of Completion; b) authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) release the Faithful Performance Bond one year after Council acceptance. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Council Member Rosansky 22. NON - HABITABLE USE COVENANT APPLICABLE TO BLOCK 100 NEWPORT CENTER DRIVE AND SAN JOAQUIN HILLS PLAZA WITHIN THE NEWPORT CENTER PLANNED COMMUNITY (C- 5285). 1381100 -20121 Council Member Daigle addressed the tracking of square footage and requested that the City be more decisive and that the methodology used be included in the agreement in the future. Senior Planner Campbell addressed amendments to the covenant which were distributed to Council, as well as the public, and noted that the City will work in consultation with The Irvine Company to ensure that the area is identified appropriately and to address the definition of the building as "non - habitable." He noted that The Irvine Company is in agreement with the proposed changes to the covenant. Council Member Hill addressed the distinction between considering the entire building as uninhabitable versus it being non - habitable, and provided suggested language. City Attorney Harp also suggested language to be used in the agreement. Dan Miller, The Irvine Company, discussed the intent of the use of "non- habitable" and agreed with the additional changes and suggested language changes. Motion by Mayor Pro Tem. Curry, seconded by Council Member Selich to a) find the requirement for environmental review pursuant to the California Environmental Quality Act (CEQA) is satisfied by the prior certification of the Final Environmental Impact Report for the 2006 General Plan Update (SCH No. 2006011119) including Addendum Nos. 1 and 2; and b) authorize the Community Development Director to sign a covenant on behalf of the City regarding the restriction and use of building area within the North Newport Center Planned Community (NNCPC), specifically Block 100 and San Joaquin Hills Plaza. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Council Member Rosansky XVL PUBLIC COMMENTS Dan Wampole thanked Council, staff, and all the volunteers for their hard work in making this the last meeting in the current Council Chambers, and thanked the City for the new City Hall and a new beginning. Stephanie Barger thanked the City for making its marine resources a priority, as well as for having volunteers guard the tide pools. She also thanked the volunteers who worked on the Adopt -a -Beach program and encouraged the City to enforce its littering laws. Volume 60 - Page 653 City of Newport Beach City Council Minutes November 27, 2012 Kimberly Minims discussed safety in schools and the creation of a YouTube site called "Bullying Warrior." She asked Council to support safety in its schools, provided personal testimony, and addressed negative impacts to families due to issues with the school district. Jim Mosher addressed the upcoming meeting in the new Council Chambers and referenced the City Charter, believing that changing the Mayor and Mayor Pro Tern every December, rather than upon the election of new Council Members is unnecessary and improper. XVIL ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Daigle reported on the recent meeting of the Aviation Committee and noted that the City is considering hiring a division of General Electric to help with the design of a future departure pattern. She commended City Manager Kiff and others for their continued efforts on the matter. XVIII. PUBLIC HEARINGS 23. VACATION OF A PORTION OF AN EXISTING ALLEY AT 3900 EAST COAST IfIGHWAY [X00 -20121 Public Works Director Webb utilized a PowerPoint presentation to discuss the location of the site, background, previous vacation of a section of the alley, and the vacation of the alley by the applicant and the adjoining neighbor. He stated that the City no longer needs the alley for access and presented recommendations. He noted that upon vacation of the alley, the City would maintain an easement for utilities. He also addressed retention of the easement. Council Member Selich noted that there were previous plans for a Jaguar dealership that needed access to its property through the alley. Discussion followed regarding a possible future condominium project. Public Works Director Webb indicated that, if there is a need in the future, the City could reverse the vacation of the alley. Mayor Gardner opened the public hearing. Magdi Hanna, applicant, reported that the area is no longer zoned commercial, but is now residential. He reported that his project involves the development of individual, detached townhomes and there is no need in the future to connect to the alley. In response to Council questions, Mr. Hanna reported that the right-of-way still exists and that there are plans to underground the utilities. He reported there is no need for the alley, it is in a blighted condition, and the development will improve the property. He stated that a retaining wall will be installed. and that it will not add floor area to the project. He added that the vacation will allow for an additional parking spot for his development. He noted that the elevation of the slope is an issue and addressed the possibility of the adjacent property being able to extend their home. Dan Purcell encouraged the property owner to clean up the area. He commented on the future development and suggested that Council wait until the Planning Commission considers the project before making a decision. He provided a brief history of the property. Jim Mosher expressed concern regarding adding public land to private property and believed that the City should expect compensation from property owners on either side of the site. There being no further public testimony, Mayor Gardner closed the public hearing. Motion by Council Member Hill, seconded by Mayor Pro Tern Curry to adopt Resolution Volume 60 - Page 654 City of Newport Beach City Council Minutes November 27, 2012 No. 2012 -109 ordering the vacation of a portion of an existing alley, direct staff to process the vacation of said alley, and direct the City Clerk to have Resolution No. 2012 -1.09 recorded by the Orange County Recorder. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tom Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Council Member Rosansky 24, EMERSON ISLAND ANNEXATION LOCATED AT THE NORTHEAST CORNER OF TUSTIN AVENUE AND EMERSON STREET (PA2012 -034). [21/100 -20121 Community Development Director Brandt presented a brief background. Associate Planner Nueno provided a PowerPoint presentation to discuss the location, surrounding properties, zoning, existing conditions, proposed land use, proposed zoning, consideration by the Planning Commission and related recommendations, as well as options for Council consideration. - In response to Council Member Hill's question, Associate Planner Nueno reported that all of the properties will be conforming as to the number of dwelling units and that setbacks appear to be conforming, as well. Council Member Daigle addressed other "islands" in the area and other requests by LAFCO to annex other areas. City Manager Kiff addressed efforts by the Local Aggency Formation Commission ( LAFCO) and the requirement to have approval by residents and other agencies. Mayor Gardner opened the public hearing. Jim Mosher asked if other options have been considered, noted previous mistakes made regarding the annexation, and believed that residents would be better served by having both sides of the alleyway in the same city. He recommended zoning the area in a way that would maintain the status quo. There being no other testimony, Mayor Gardner closed the public hearing. Motion by Mayor Pro Tern Curry, seconded by Council Member Selich to a) adopt Resolution No. 2012 -110 approving General Plan Amendment No. GP2012 -001; b) introduce Ordinance No. 2012.23 approving Zoning Code Amendment No. CA2012 -002, and pass to a second reading on January &, 2013; c) adopt Resolution No. 2012 -111 requesting the Local Agency Formation Commission ( LAFCO) to initiate proceedings for the annexation; and d) adopt Resolution No. 201.2 -112 approving a property tax exchange agreement with the County of Orange. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Venn, Council Member Daigle Absent: Council Member Rosansky 25, FARA14LON -CIVIC CENTER DRIVE STREET RENAMING. 1100 -20121 Community Development Director Brandt provided a PowerPoint presentation to provide the background and referenced a proposal by the Building Committee. She addressed location and existing conditions, and noted that there are no buildings using Farallon Drive as their street address. However, there are over 200 businesses that use Avocado Avenue as an address and would be negatively impacted by a street name change. She reported that before becoming Farallon Drive, the street was named Civic Center Drive. She noted an amendment to the resolution that expands the declaration. Volume 60 - Page 655 City of Newport Beach City Council Minutes November 27, 2012 Mayor Gardner opened the public hearing. [-Tearing no testimony, she closed the public hearing. Motion by Council Member Selich, seconded by Council Member Hill to adopt Resolution No. 2012 -113 approving the name change from Farallon Drive to Civic Center Drive and finding that the action is exempt from the California Environmental Quality Act (CE"') pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Council Member Rosansky XIX. CURRENT BUSINESS 26. AMENDMENTS TO VARIOUS CITY COMMITTEES AND CITY COUNCIL POLICY A -6 (OPEN MEETING POLICIES). (100 -2012) City Manager Kiff reported that Council established a Task Force on Committees and noted that it has issued a report recommending extending the term of the Tidelands Management Committee, amending the Coastal /Bay Water Quality Advisory Committee and reestablishing it as the Water Quality /Coastal Tidelands Management Committee with new duties, amending the Environmental Quality Affairs Citizens Advisory Committee and reestablishing it as the Environmental Quality Affairs Committee, disbanding the Special Events Advisory Committee, and amending City Council Policy A -6 regarding Open Meeting Practices and Policies. City Attorney Harp explained the revisions to City Council Policy A -6 in terms of submitting materials on the Mondays before regular meetings by 5:00 p.m. to allow for staff review. Mayor Gardner added that this change also benefits residents since it allows Council adequate time to review documents. Mayor Gardner provided further explanation regarding the changes to committees as presented. Council Member Henn addressed the benefits of standardizing the governance structure and spreading out the annual committee reappointment process. He stated changes to the Harbor Commission are still being discussed for the ongoing and proactive management of all of the City's tidelands. Council Member Daigle questioned the need to reconstitute and reset the terms of the Water Quality Committee. Mayor Gardner stated that terms were lacking in the subject committee and noted the need to clarify the roles of the committees to avoid duplication and redundancy. She noted that most of the members will continue to participate. Council Member Daigle commented on the lack of focus on the Upper Bay, the City's role in the John Wayne Gulch and the Big Canyon Lower Bay Creek projects. She reported that she would like to take an active role in moving those projects forward. Dan Purcell expressed support for the item, but concerns regarding the deadline for communications before Council regular meetings since agendas are not published enough time in advance. He suggested that the City commit to publishing agendas at least a week in advance of meetings to allow enough time for public review. Volume 60 - Page 656 City of Newport Beach City Council Minutes November 27, 2012 Jim Mosher reiterated concerns voiced by the previous speaker, questioned the "required by law" relative to the deadline for submission of documents, and suggested replacing it with "permitted by law." He noted that nothing in the resolution 'indicates that this would only apply to regular meetings and believed that the documents need amending and that the ordinance takes precedence over the policy. City Attorney Harp agreed with using "permitted by law" and addressed the issue of late submittals. Motion by Council Member Henn, seconded by Mayor Pro Tern Curry to a) adopt Resolution No. 2012 -114 extending the term of the City Council Committee on Tidelands Management; b) adopt Resolution No, 2012 -115 amending the CoastallBay Water Quality Advisory Committee and reestablishing it as the Water Quality /Coastal Tidelands Management Committee; c) adopt Resolution No. 2012 -116 amending the Environmental Quality Affairs Citizens Advisory Committee and reestablishing it as the Environmental Quality Affairs Committee; d) adopt Resolution No. 2012 -117 disestablishing the Special Events Advisory Committee; and e) adopt amend Resolution No. 2012.118 amending City Council Policy A -6 (Open Meeting Policies). The motion carried by the following roll call vote: Ayes; Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Council Member Rosansky 27. STUDY OF CITY REFUSE COLLECTION SERVICES. %100 -20121 Municipal Operations Director Harmon provided a PowerPoint presentation and recognized the solid waste collection employees in the audience. He referenced Council's approval of a comprehensive review of City -wide services and addressed the steps involved in the process. He reported that an evaluation of the current program, costs of the current collection program including direct incremental costs and overhead, and competitive rates of surrounding cities was performed. Discussion followed regarding achieving economies of scale, the need for staff to manage outsourcing contracts, and the inequity of comparing other city rates with Newport Beach since City rates include administrative costs. Municipal Operations Director Harmon reported that the companies used for rate comparatives included private haulers who collect their fees directly from residents, while the City's rates include a group of people that support operations. He also explained the current oversight process for contract refuse haulers. In response to questions, Municipal Operations Director Harmon reported that Costa Mesa residents are billed directly by the Costa Mesa Sanitary District. He noted that challenges for City- provided services include equipment costs, labor costs, CNG equipment costs, levels in the reserve budget for purchasing equipment, availability of grants, ongoing maintenance, transition costs to automate service, and program enhancements. He presented factors relative to potential savings and costs for contract services, and noted the need for a City -wide sustainable plan. He stated that the City of Redondo Beach initially allowed unlimited trash, had areas that were semi - automated, and had a three - container system; however, they reduced their costs by 6% by going to an automated program. Redondo Beach also allows residents to pile extra waste next to the automated containers. Council Member Hill commended staff and the consultants for the extensive report. He noted the possibility of significant savings, but potential higher costs based on additional services provided. Volume 60 - Page 657 City of Newport Beach City Council Minutes November 27, 2012 He stated that the comparisons provided were from cities that are already automated and use three containers. He believed that the savings are based on service and that it is the City's responsibility to provide a certain level of service while seeking to decrease costs; however, requiring residents to separate their waste is less service and that there are a significant number of properties that could not handle the addition of containers. Mayor Gardner indicated the importance of separating containers and that more people are interested in recycling and are aware of the problems regarding landfills. Council Member Henn stated there is no rule that the City has to preserve the exact same services when outsourcing. He commented on the need for balance and to develop strategies to determine what areas can be automated and what areas cannot. He addressed the availability of various container sizes and assistance for the elderly. In response to Council Member Selich's question, Municipal Operations Director Harmon reported that he would not recommend a narrow scope for the RFP because a hauler may include various services and the City has a need for flexibility, He recommended that Council direct staff to work with HF &H Consultants, LLC, to develop and generate an. appropriate RFP. Council Member Daigle noted that residents are satisfied with the current level of service and suggested providing more education to residents. Mayor Pro Tem Curry indicated the importance of making evidence -based decisions with good, comparable data that can be analyzed and provide answers. He indicated the he will support the RFP process which attempts to provide similar services to what residents already experience. He suggested developing a plat) to provide job opportunities for displaced employees and noted that the savings are too large to ignore. George Schroeder believed that Council needs better information and commented on the number of narrow side yards throughout the City that could not accommodate automated service. He addressed the annual budget and believed that the current system works well. Stephanie Barger thanked Council for considering the item and noted that there are many residents who support recycling. She addressed landfill issues, greenhouse gases, and the importance of zero- waste. She encouraged the City to set zero -waste mandates and goals, presented examples of other cities who have zero -waste efforts, and asked Council to consider putting together a zero -waste task force. She commended the existing haulers for the work they do. Municipal Operations Director Harmon reported that the Material Recovery Facility (MRF) recycling process works well. Council Member Hill commented on existing recycling services available in the City. Nancy Skinner commended Council for its efforts. She spoke in support of increased recycling in the City, implementing a multi - container system, and for increased environmental efforts. Jamie Newton, Orange County Employees Association, expressed concerns regarding the possibility of displacing employees. She spoke in support of the City's Refuse Division, listed added value services provided by the City, and the Division's approval rating. She asked that the City consider, develop, and study an internal strategy on the collection of waste and offered to help with the process. She suggested that residents also be involved in the process. Jim Fitzpatrick, Member of the Costa Mesa Sanitary District (CMSD) Board, stated that he believes in a competitive bidding process. He addressed rates and noted that Newport Beach rates Volume 60 - Page 658 City of Newport Beach City Council Minutes November 27. 2012 are lower than those of CMSD. He noted challenges with competitive pricing because of the number of variables involved relative to the service provided. He addressed the trend to move toward a single - container system and noted the need to handle organic waste and related costs. He reported that the process is complex, and suggested that the City determine what it wants before issuing an RFP and addressed the areas in Newport Beach that are serviced by CMSD. Dan Purcell discussed issues relative to attached lids versus detached lids, noting the preference for and benefits of attached lids. Allen Diner asked about the impacts to the Corporate Yard facility should the City decide to outsource this service. He believed that the facility is in bad condition and needs to be improved. City Manager Kiff indicated that the condition of the Corporate Yard is yet to be determined. Council Member Henn discussed environmental benefits of the immediate conversion of CNG trucks and expressed confidence that in the bidding process, bidders would determine how to deal with the unique conditions in the City and tailor solutions to issues in specific areas. He added that the only way to know is to get as much information as possible. He addressed the customer rating that also included the haulers in Newport Coast and spoke positively about parTicipating in the, bidding process. He noted opportunities for the internal department to provide a competing bid, in parallel with outsource companies. Council Member Selich questioned the viability of enforcing a green waste program. He indicated that he will support going out for an RFP. Mayor Gardner believed that it would be valuable to consider what options are available and the possibility of limiting the types of things being picked up. City Manager Kill reported that this is a huge investment and believed that a private company could underbid the services that the City could provide. He proposed working with staff so that they can come up with ways that the City's existing system could be more efficient for Council consideration rather than within the RFP process. Motion by Council Member Henn, seconded by Council Member Daigle to receive the Residential Solid Waste and Recycling Study ( "Study ") and direct staff to negotiate a contract with HF &H Consultants, LLC, (Consultant) to develop a Request for Proposal (RFP) to solicit proposals from private companies for providing this service, and work with staff to generate ways that the City's existing system could be more efficient. The motion carried by the following roll call vote: Ayes: Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Noes: Council Member Hill Absent: Council Member Rosansky 28, REVIEW AND APPROVE FIVE -YEAR TIDELANDS CAPITAL PLAN FOR NEWPORT HARBOR. 1100 -20121 Harbor Resources Manager Miller discussed the background and previous consideration of the item by Council. He reported that the plan is a roadmap that will guide the City for the next five years, is not a budgeted item, and not written in stone. Mayor Gardner noted that water quality and habitat restoration can be addressed moving forward. Volume 60 - Page 659 City of Newport Beach City Council Minutes November 27, 2012 Discussion followed regarding providing flexibility in the budget for funding additional projects that may arise. Mayor Pro Tern Curry noted the costs of the Capital Plan and believed this is the first step toward the commitment to make these types of improvements to keep the Harbor economically and environmentally vibrant. Council Member Henn commented positively on the proactive approach taken by the City. Motion by Council Member Selich, seconded by Mavor Pre Tern Curry to approve the Five - Year Tidelands Capital Plan as a guide for harbor projects in the coming years, recognizing that the Plan may change as needed each year upon subsequent reviews. The motion carried by the following roll call vote: Ayee: Council Member Hill, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Council Member Rosansky 29. APPROVE HARBOR COMMISSION OBJECTIVES FOR FY201.2 -13. [100 -20121 Harbor Resources Manager Miller provided the staff report. Motion by Mavor Pro Tern Curry, seconded by Council Member Selich to approve the Harbor Commission's FY2012 -13 objectives. Harbor Commission Chair West thanked Council for the opportunity to review the objectives and its support of the item. Council Member Henn encouraged the Commission to generate timelines and action calendars to help in meeting its objectives to recommend to Council. Council Member Hill commented positively on the Commission's efforts and achievements. Council Member Daigle indicated Council's sincere desire to help wherever needed and emphasized that it would be helpful to ensure that relationships with agencies are effective. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tern Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Council Member Rosansky 30. REQUEST TO CONSTRUCT NON- STANDARD PRIVATE IMPROVEMENTS WITHIN THE PUBLIC RIGHT -OF -WAY AT 1001 MARINERS DRIVE. [.100 -20121 Public Works Director Webb provided a PowerPoint presentation to address the location of the subject property, the request to install a vinyl fence, and landscaping. He reported that the applicant forgot about the need for an encroachment permit and has already installed the fence. He presented existing conditions and the applicability of Council Policy L -6. Discussion followed regarding the height of the fence and the ability of the City to service the storm drain. Volume 60 - Page 660 City of Newport Beach City Council Minutes November 27, 2012 Motion by Council Member Selicb, seconded by Council Member Hill to a) waive Council Policy h -6, 'Private Encroachments in the Public Rights -of- Way," to allow a six -foot tall vinyl fence and appurtenances and planter walls of varying height up to 36 inches to encroach in excess of one foot into the existing storm drain easement, contingent upon all conditions of the Encroachment Permit process being met; and b) direct staff to enter into an Encroachment Agreement with The Cherry Family Trust, and authorize the City Manager and City Clerk to execute the Encroachment Agreement. The motion carried by the following roll call vote: Ayes: Council Member Hill, Mayor Pro Tem Curry, Mayor Gardner, Council Member Selich, Council Member Henn, Council Member Daigle Absent: Council Member Rosansky XX. MOTION FOR RECONSIDERATION -None XXI. ADJOURNMENT - 9:48 p.m. City Council Study Sessions and Regular Meetings will be held in the new City Council Chambers located at 100 Civic Center Drive, Newport Beach, beginning Tuesday, December I1, 2012. The agenda for the Regular Meeting was posted on November 21, 2012, at 3:45 p.rn. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary ;/ Z l Mayor — 4 �Ui - �jm,-_ City Clerk Volume 60 - Page 661