HomeMy WebLinkAbout05/13/2008 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
May 13, 2008 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 5:37 p.m.
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor
Selich, Council Member Curry, Council Member Gardner
Excused: Council Member Webb
VI. CLOSED SESSION REPORT
City Attorney Clauson reported that Council approved a settlement agreement with the Peterson
Trust.
VII. PLEDGE OF ALLEGIANCE - Council Member Henn
VIII. INVOCATION - Reverend Thai Trinh, Our Lady Queen of Angels Church
DL PRESENTATIONS
City Recognition of National Planning Award -Mayor Selich announced that the American
Planning Association honored the City for its General Plan with one of ten national
awards. Assistant City Manager Wood presented a video clip and thanked the consultants and
staff who worked with her on the General Plan.
Poppy Week Proclamation - Mayor Selich read the proclamation and presented it to Karen
Karanickolas, President of the American Legion Auxiliary 291. Rachel Heidemann, Miss Poppy,
read a poem and presented poppies to Council and staff.
Proclamation Recognizing the Ocean Rescue by Summer Watson and Amy Dichiro -
Mayor Selich read the proclamations and presented them to Amy Dichiro, Summer Watson,
George Leeper, and John Moore. Fire Chief Lewis commended them on their rescue.
X. NOTICE TO THE PUBLIC
XI, CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION.. ACTION OR
REPORT (NON- DISCUSSION ITEM):
Council Member Henn announced that a federal judge issued a tentative ruling that authorized
the City to continue to execute the group homes ordinance, which will require 80% of existing
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group homes to file for use permits, all new group uses to be restricted to MFR Districts, and will
allow the Fire Marshal to enforce the new Fire Code for group homes. He indicated that the
ordinance may not be applied to licensed six and under facilities; However, today's ruling was a
very important victory for the City overall.
Mayor Pro Tem Daigle announced that she attended opening day for several of the yacht clubs and
wished them all a fun and safe boating season. She also congratulated staff for their work on the
General Plan.
Council Member Gardner announced that the Corona del Mar 5k will be held on Saturday, June 7,
2008.
Council Member Curry announced that the dedication of the 1/1 Memorial will be at 1:00 p.m. on
Memorial Day at Castaways Park. He also noted that the Film Festival was a great success.
Mayor Selich announced that Speak Up Newport will conduct their monthly meeting at the
Newport Beach Yacht Club on Wednesday, May 14, the agenda will include code
enforcement issues. He also announced that the Newport Harbor Nautical Museum will have their
"Inaugural Buccaneer's on the Bay - Return to Port Royal ", on Friday, May 16, from 6:30 p.m. to
11:00 p.m., to benefit their programs. To purchase tickets, call (949) 675 -8915 x 110. Balboa
Island will have their Art Walk on May 18, from 9:00 a.m. to 5:00 p.m. and their parade on
Sunday, June L He reminded everyone that the Relay for Life is Saturday and Sunday, May 17-
18 at Newport Harbor High School and invited people to visit the Council Critter's team tent
where they will conduct a silent auction.
XII. CONSENT CALENDAR
A. READING OF MINUTESâś“ORDINANCES AND RESOLUTIONS
1. MINUTES OF THE ADJOURNED REGULAR MEETING OF APRIL 16,
2008, AND THE ADJOURNED REGULAR MEETING AND REGULAR
MEETING OF APRIL 22, 2008. [100 -20081 Waive reading of subject minutes,
approve as written and order filed.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of
all ordinances and resolutions under consideration, and direct City Clerk to read
by title only.
B. RESOLUTIONS FOR ADOPTION
S. AMENDMENT TO RESOLUTION ESTABLISHING ENVIRONMENTAL
QUALITY AFFAIRS COMMITTEE. [100 -20081 Adopt Resolution No. 2008 -34
adding a mission statement and broadening the responsibilities of EQAC.
4. AUTHORIZATION TO ACCEPT THE CALIFORNIA DEPARTMENT OF
FISH AND GAME (DFG) FUNDS FOR THE INTERIOR IMPROVEMENTS
AND FURNISHING OF THE BACK BAY SCIENCE CENTER'S
ADMINISTRATION WING AND ITS AQUATIC LIFE SUPPORT SYSTEM
(C- 8460). [100 -20081 Adopt Resolution No. 2008 -35 authorizing the City
Manager to accept funds from the DFG for the Back Bay Science Center.
C. ORDINANCES FOR ADOPTION
5. KENNELS IN WEST SANTA ANA HEIGHTS. [100 -20081 Adopt Ordinance
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No. 2008 -12 amending Title 7 and Title 20 of the NBMC pertaining to the
regulation of kennels.
D. CONTRACTS AND AGREEMENTS
7. ACCEPTANCE OF THE 2007 URBAN AREAS SECURITY INITIATIVE
(UASI) GRANT TRANSFER AGREEMENT (C- 3746). (381100 -20081 a) Accept
the 2007 UASI Grant transfer agreement training funds in the amount of
$47,315.46 to be utilized for reimbursement training costs associated with
approved Department of Homeland Security (DHS) courses for emergency
response personnel; and b) approve a budget amendment (08BA -064) increasing
revenue estimates by $47,315.46 in 1820- 48665, UASI Grant, and increasing
expenditure appropriations by $47,315.46 in 7014- C8002010.
8. COAST HIGHWAY SIDEWALK - MORNING CANYON TO SEAWARD
ROAD (C -3965) - AWARD OF CONTRACT (381100 -20081 1) Approve the
project plans and specifications; b) award contract to Hillcrest Contracting for the
total bid price of $95,702.70, and authorize the Mayor and City Clerk to execute
the contract; and c) establish an amount of $15,000 (15 %) to cover the cost of
unforeseen work.
9. EASTBLUFF DRIVE STREET REHABILITATION (C -8968) - AWARD OF
CONTRACT. 1381100 -20081 a) Approve the project plans and specifications; b)
award contract to All American Asphalt for the total bid price of $1,069,069, and
authorize the Mayor and City Clerk to execute the contract; and c) establish an
amount of $100,000 to cover the cost of unforeseen work.
10. CENTRAL LIBRARY BOOKSTORE RENOVATION - APPROVAL OF
AMENDMENT NO. i TO PROFESSIONAL SERVICES AGREEMENT WITH
LANDWORKS, LLC (C- 4006). (381100 -20081 a) Approve Amendment No. 1 to
the Professional Services Agreement with Landworks, LLC, of Costa Mesa, for
additional design engineering services for the Central Library Bookstore
Renovation project for a not to exceed price of $12,750 and authorize the City
Manager and City Clerk to execute the Amendment; and b) approve a budget
amendment (08BA -063) transferring $12,750 from Account No. 7271- C4050781
(Central Library HVAC Repairs) to 7271 - 01002008 (Central Library Bookstore
Renovation).
11. WEST NEWPORT PARK TENNIS COURT FENCE REPLACEMENT (C-
3947) - COMPLETION AND ACCEPTANCE OF CONTRACT. (381100 -20081
a) Accept the completed work; b) authorize the City Clerk to file a Notice of
Completion; c) authorize the City Clerk to release the Labor and Materials bond 35
days after the Notice of Completion has been recorded in accordance with
applicable portions of the Civil Code; and d) release the Faithful Performance
Bond 1 year after Council acceptance.
12. BUCK GULLY WETLANDS AND MAINTENANCE ROAD REPAIRS AT
5TH STREET (C -3778) - AUTHORIZE AN INCREASE IN CONTRACT
CONTINGENCY. [381100-20081 Approve a budget amendment (08BA -069)
appropriating $47,500 from the unappropriated General Fund to the Buck Gully
Wetlands and Maintenance Road Repairs Project, Account No. 7014- C5100659, to
increase the contingency from 10% ($34,500) to 24% ($82,000) to cover
unanticipated additional costs for the project.
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13. MARINERS PARK RESTROOM CONSTRUCTION (C -3992) - AWARD OF
CONTRACT. 1381100 -20081 a) Approve the project plans and specifications; b)
award the contract to Nile Advanced Construction, Inc., for the total bid price of
$543,000, and authorize the Mayor and City Clerk to execute the contract; c)
establish $54,300 to cover the cost of unforeseen construction work; d) establish an
amount of $42,500 for supplemental expenses including $15,000 to cover an early
completion incentive, $22,500 for geotechnical and material testing services, and
$5,000 for building inspection and miscellaneous expense; and e) approve a budget
amendment (08BA -068) transferring $639,800 from unappropriated General Fun
balance into Account No. 7015- C5100909.
14. AMENDMENT NO. 1 TO CONTRACT FOR EELGRASS PLANTING AND
SURVEY (C- 3858). 1381100 -20081 Authorize the Mayor and City Clerk to
execute Amendment No. 1 with Coastal Resources Management.
15. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT
MEMORANDUM OF UNDERSTANDING FOR LANDSCAPE
INSTALLATION AND MAINTENANCE (C4046). (381100 -20081 Approve the
Memorandum of Understanding for landscape installation and maintenance
between Corona del Mar Business Improvement District and the City of Newport
Beach.
16. LEASE WITH JAKOSKY PROPERTIES FOR CITY OFFICE SPACE AT 508
32ND STREET (C- 4046). 1381100 -20081 a) Approve the lease with Jakosky
Properties for an office suite at 503 32nd Street, and authorize the City Manager
and City Clerk to sign the lease; b) approve a budget amendment (08BA -067)
transferring $21,560 for computer equipment and office furniture from
unappropriated general fund reserve to Code and Water Quality Enforcement and
Building Department capital outlay accounts; and c) appropriate $29,468 from
unappropriated fund balance in fiscal year 2008 -09 for rent and utilities, with
$14,734 to the Building Department and $14,734 to Code and Water Quality
Enforcement.
17. BUDGET AMENDMENT FOR CONTINUATION OF PROFESSIONAL
SERVICES AGREEMENT FOR CONSULTING, PLANNING AND
ADVOCACY SERVICES FOR THE LOCAL COASTAL PROGRAM (LCP) (C-
3997). 1381100 -20081 Approve a budget amendment (08BA -070) increasing the
expenditure appropriation of 2710 -8294 by $75,000 from the General Fund
unappropriated fund balance.
18. WAYFINDING AND DIRECTIONAL SIGNAGE PROGRAM PHASE II -
APPROVAL OF THIRD AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH HUNT DESIGN ASSOCIATES (C- 8495). 1381100 -20081
Approve Third Amendment to Professional Services Agreement with Hunt Design
Associates for design development of the Citywide Wayfinding & Directional
Signage Program Phase II for a cost not to exceed $48,800, and authorize the
Mayor and City Clerk to execute the agreement.
E. MISCELLANEOUS
19. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE NEWPORT
BEACH PUBLIC LIBRARY FOUNDATION (NBPLF) AND APPROPRIATE
THE FUNDS FOR MAINTENANCE AND OPERATIONS BUDGET FOR FY
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2007/08. [100 -20081 Approve a budget amendment (08BA -065) to increase
revenue estimates by $7,650 in Account No. 4090 -5893 (Library
Foundation/NBPLF) and 4010 -5893 (Support Services /NBPLF) and increase
expenditure estimates by the same amount in Division 4090 (Foundation) and
4060 (Literacy) respectively.
20. BUDGET AMENDMENT TO ACCEPT A CHECK FROM THE MARTHA
JANE FLEENER TRUST AND APPROPRIATE FUNDS FOR
MAINTENANCE AND OPERATIONS BUDGET FOR FY 2007 /08. [100-
20081 Approve a budget amendment (08BA -066) to increase revenue estimates by
$12,000 in Account No. 4010 -5901 (Library Private Donations/Contributions) and
to increase expenditure appropriations in 4010.9000 (Library Support Services -
Office Equipment) by the same amount due to the third receipt of funds from the
Martha J. Fleener Trust.
21. EMERGENCY SEWER MAIN REPAIR AT RIVERSIDE AVENUE AND
WEST COAST HIGHWAY. [100 -20081 Approve the emergency expenditure of
$43,775 from the sewer enterprise fund required to repair a partially collapsed fl-
inch sanitary sewer pipeline located in West Coast Highway.
22. RECLASSIFICATION OF SENIOR BUYER POSITION TO PURCHASING
AGENT. [100 -20081 Approve the City Managers recommendation to reclassify
the vacant Senior Buyer position in the Administrative Services Department to
the new classification of Purchasing Agent with a monthly salary range of $5,619 -
$7,902.
Motion by Mayor Pro Tom Daigle to approve the Consent Calendar, except for Item #6.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor Selich,
Council Member Curry, Council Member Gardner
Absent: Council Member Webb
XIII. ITEMS REMOVED FROM THE CONSENT CALENDAR
6. HOAG MEMORIAL HOSPITAL PRESBYTERIAN MASTER PLAN UPDATE
(PA2007 -073), ONE HOAG DRIVE - CERTIFICATION OF FINAL
SUPPLEMENTAL ENVIRONMENT IMPACT REPORT; GENERAL PLAN
AMENDMENT NO. 2007 -005; PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT NO. 2007 -001; AND DEVELOPMENT AGREEMENT AMENDMENT
NO. 2007 -001 (C- 2912). 1381100 -20081
City Attorney Clauson indicated that the annual noise monitoring was inadvertently left
out of the April 16 version of the Development Agreement. Senior Planner Campbell
provided the updated wording to Council and the public for review and indicated that two
sections would be added to Section 5.14 of the Development Agreement, which indicates
that the report should include a noise regulation compliance assessment.
Wendy Kaiser urged Council to continue to explore the co -gen plant and emissions from
the engines.
Dolores Otting presented a handout and voiced concern about Hoag s transition of
inpatient pediatric care to Children's Hospital of Orange County (CHOC).
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In response to Mayor Selich's questions, Planning Director Lepo clarified that this item
was continued from the April 16 meeting to allow residents enough time to review the
ordinances. He confirmed that the ordinances reflect all of the actions taken by Council
when they were introduced.
Motion by Council Member Curry to.a) adopt Ordinance No. 2008 -9 approving Planned
Community Development Plan Amendment No. 2007 -001; and b) adopt Ordinance No.
2008 -10 approving Development Agreement Amendment No. 2007 -001.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Curry, Council Member Gardner
Absent: Council Member Webb
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner reported that the Water Quality Committee met offsite to tour a new
structure at Poppy and 5th Avenue.
Council Member Curry reported that he attended the Newport Coast Advisory Committee meeting
in which they discussed the excessive speed of cars traveling along San Joaquin Hills. He noted
that the speed limit can't be changed due to State law.
XV. PUBLIC HEARINGS
23. PUBLIC HEARING TO CONSIDER THE AWARD OF A NON - EXCLUSIVE SOLID
WASTE COLLECTION FRANCHISE TO UNIVERSAL BOBCAT & HAULING, INC.
(241100 -20081
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion -by- Mayor Pro Tem Daigle to adopt Ordinance No. 2008 -11 granting a Non-
exclusive Solid Waste Franchise to Universal Bobcat & Hauling, Inc.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Curry, Council Member Gardner
Absent: Council Member Webb
24. NEWPORT BEACH BREWING COMPANY - USE PERMIT NO. 3485 - 2920
NEWPORT BOULEVARD (PA2006 -177) - AMENDING CONDITION NO. 6 AND
ADDING CONDITION NO. 28 TO USE PERMIT NO. 3485. (681100 -20081
Senior Planner Campbell reported that the Newport Beach Brewing Company and Council
entered into a settlement agreement that includes a stipulation that the City amend
Condition No. 6 and add Condition No 28, pertaining to special event permits.
Mayor Selich opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Gardner to adopt Resolution No. 2008 -36 to amend
Condition No. 6 and add Condition No. 28 to Use Permit No. 3485.
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The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Curry, Council Member Gardner
Absent: Council Member Webb
25. TOMMY BAHAMAS AT CORONA DEL MAR PLAZA (PA2008 -029) - 854 AVOCADO
AVENUE - REQUEST TO AMEND USE PERMIT NO. 8623 TO PERMIT AN
ADDITIONAL 461 SQUARE FOOT OUTDOOR DINING PATIO. 1100 -20081
Planning Director Lepo reported that the Planning Commission denied additional outdoor
dining due to the concerns about parking. He indicated that since that decision, the
applicant provided information regarding permanently reducing two seats.
Mayor Selich opened the public hearing.
W.C. Wells, President of Tommy Bahamas Restaurant Division, provided the history of the
restaurant. He stated that the changes to the restaurant will require additional square
footage; however, it will result in two less seats. He urged Council to reconsider the
Planning Commission's decision and approve staffs recommendation.
Dennis Baker expressed support for the improvements due to the loss of two seats and he
complimented the Planning Commission for their concerns about parking.
Hearing no further testimony, Mayor Selich closed the public hearing.
Mayor Selich commented that the net reduction of two seats is a positive and expressed
support for the amendment to the use permit to not allow the two seats to be added back in
the future.
Motion by Council Member Rosansky to adopt Resolution No. 2008 -37 granting the
appeal and reversing the decision. of the Planning Commission by approving an
amendment to Use Permit No. 3623, subject to the findings and conditions of approval.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tern Daigle, Mayor
Selich, Council Member Curry, Council Member Gardner
Absent: Council Member Webb
XVI. PUBLIC COMMENTS
Wendy Kaiser, Vice President of Soroptimist of Newport Harbor, invited Council to attend
the Soroptimist Legislative Summit at The Westin South Coast Plaza Hotel on Friday, May 30,
2008. (www.legislativesummit.org).
Barbara Roy thanked Council Member Henn for the information about the group homes lawsuit
and expressed concern about her safety due to crime in her neighborhood.
Ron Herrick stated that a resident from a group home broke into his home and he urged Council to
focus on group homes issues before it gets out of control.
Don Chambers expressed concern about burglaries on the Peninsula and indicated that there are
too many group homes in the area.
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City Attorney Clauson clarified that the judge ordered an injunctionon on regulating group
homes licensed for six beds and under.
Fatima Giniger stated that the citizens of Newport Beach don't approve of some of the group
homes breaking laws and expressed concern about the City's ability to uphold the moratorium.
She believed that the Police Department does not report incidents pertaining to group homes
residents correctly.
Daniel Welden expressed concern about group homes and urged Council and the citizens of the
City to work toward the betterment of the community. He believed that the concentration of group
homes should not be in one area of the City.
Dick Nichols believed that the City should trace the possibility of integral uses to make sure that
the group homes are not connected by having the same owner, sleeping quarters, eating
establishments, or schooling.
Denys Oberman congratulated Council and requested that Council support, enforce and defend
integral uses. She believed that the City did not provide sufficient evidence to show the impact on
the residents to the federal judge.
Dolores Otting thanked Council Member Henn for requesting the City's warning system and
invited everyone to the Newport Harbor Republican Women's Group on May 22 to talk about
Propositions 98 and 99 at 11:30 a.m, at Five Crowns Restaurant. She also believed
that enforcement of group homes should be implemented and incidents should be accurately
recorded.
Willis Longyear expressed concern about group homes and urged Council to take a strong stance to
toughen the line on enforcement, reduce and disperse the number of units, keep the facilities away
from schools, and make sure that they all are licensed.
Werner Escher commended the actions of the City and believed that the City has the obligation to
uphold its reputation and protect the fact that the City is a resort.
Sarah Abraham expressed concern about group homes and shared past experiences with having a
group home near her home.
XVII. CURRENT BUSINESS
26. COST RECOVERY ORDINANCE. 1100 -20081
Revenue Manager Everroad utilized a PowerPoint presentation which included
information about the cost of services study. He also reported that one of the Council
priorities is to include updating fees to ensure cost recovery. In the process, consultants
identified that there are fees that need to be increased to recover costs, some that need to
be decreased, and there are new fees that need to be added. He showed a list of proposed
cost recoveries by percentage of the new and old fees. He recommended that Chapter 3.36
of the Municipal Code be amended to establish the percentage of recovery by ordinance.
He noted that subsequent to the adoption of the ordinance, staff will present a resolution
which will include a Master Fee Schedule.
Council Member Curry expressed concern about establishing formulas for fees without
knowing exactly how much each fee changes and stated that he would like the fees passed
through a rationale test to make sure they are not out of line. He also recommended that
the ordinance and resolution be adopted on the same agenda so Council can see how the
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fee structure translated from formulas to actual fees.
Motion by Council Member Curry to continue the item until it can be brought back
with the Master Fee Schedule.
In response to Council Member Henn's question, Revenue Manager Everroad stated that
he provided the stakeholders, the Finance Committee, and staff with information that
included the service type, name, description of service, annual volume, current
fee, percentage of full costs, current subsidy amount, and proposed cost recovery level for
all fees implemented.
In response to questions, Revenue Manager Everroad stated that the intent is to have
the ordinance and resolution adopted at the May 27 meeting. The resolution was not
brought before Council today to allow for Council changes. He explained that most services
are set at 100% recovery, the ordinance will only include the services proposed for some
level of subsidy, and the percentage of cost recovery for each fee will be listed in the
ordinance. He stated that the draft report was placed on the internet with a news
alert, but the User Fee Study from the previous Study Session was not provided prior to
this meeting.
Laura Curran believed that the fees are not compared to the market and is not compared
to other alternative services. She asked if the fees will change the impact on services and
if the fee recovery to residents and non - residents are the same. Mayor Pro Tem.
Daigle reported that residents pay lower fees than non - residents.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Curry, Council Member Gardner
Absent: Council Member Webb
27. VENDOR SELECTION FOR CONTRACT NEGOTIATIONS FOR RESIDENTIAL
SOLID WASTE TRANSFER SERVICES AND MATERIALS
PROCESSING/RECYCLING (MRF) (C- 2807). 1381100 -20081
General Services Director Harmon provided a report about the current contract. He stated
that on April 11, a copy of the RFP was mailed and they received proposals from Rainbow
Disposal, CR &R and Waste Management of Orange County. During the analysis of the
proposals, staff realized that the RFP` document did not clearly indicate what tonnage level
per truck load would be used for calculating the overall tonnage cost and also realized that
the use of different tonnage levels between haulers could result in a lower bid
determination. To ensure fairness, staff re- released the transfer portion of the RFP to
allow all three companies the opportunity to adjust their transfer cost using the average
weight of 21.14 tons per truck load/trip. The low bid came from CR &R ,which resulted in
a cost savings of approximately $600,000 per year. He explained how the City employees
currently doing this work will be transferred to an equivalent position.
Bruce Shuman, Co- President/CEO of Rainbow Disposal, stated that staff should have
recognized Rainbow Disposal as the lowest responsible bidder and explained the events
leading to the bid announcement. He believed that CR &R is practicing unfair business
practices. He asked if the bid analysis was changed to accommodate a re-bid.
Bruce Atwell, legal counsel for Rainbow Disposal, asked if the bid submission process
complies with the State Public Contract Law, believed that Rainbow Disposal had the
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lowest bid and should be awarded the contract, and believed that the bid clarification did
not meet the requirements of the City Charter. He believed that the bid from CR &R is in
violation of the Business and Professions Code Section 17000 et seq. He stated that
remedies include declaring Rainbow Disposal as the lowest bidder, or rejecting all bids and
republishing the RFP.
Dolores Otting believed that the contract should be a five year agreement and suggested
that green waste be added to the contract.
Dean Ruffridge, Senior Vice President of CR &R, believed they provided the lowest
proposal during both bids.
In response to Council's questions, General Services Director Harmon stated that a ten
year contract is common in the solid waste industry because there is a significant amount
of capital outlay. He noted that green waste is already part of the material that is
removed. He stated that the City has not introduced competition for Santa Ana Heights
because trash is collected by the Costa Mesa Sanitation District. He explained that there
was confusion about the tonnage, so they decided to re -bid with a firm tonnage amount.
Assistant City Attorney Harp explained that the request for proposal process that Rainbow
Disposal referred to is related to Public Works contracts. He suggested adding an
indemnification clause to the CR &R contract.
Motion by_ Council Member Curry to direct staff to negotiate a ten -year contract with
CR &R Inc. to provide residential solid waste transfer services and material
processing /recycling services.
In response to Council Member Henn's question, General Services Director Harmon stated
that additional services can be negotiated with CR &R.
Council Member Curry stated that the bid should go to the lowest bidder and indicated
that Council should not negotiate agreements from the dais.
Council Member Henn agreed that CR &R indemnify the City in the event of a challenge to
the bid.
Amended motion by Council Member Henn to direct staff to negotiate a ten -year
contract with CR &R Inc. to provide residential solid waste transfer services and material
processing /recycling services and include an indemnification clause in the event of a
challenge to the bid.
The amended motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Curry, Council Member Gardner
Absent: Council Member Webb
528. PRELIMINARY TRAFFIC ANALYSIS OF THE CITY HALL AND PARK SITE AT
NEWPORT CENTER BUILD -OUT: FARRALLON EXTENSION V.
IMPROVEMENTS AT SAN MIGUEL. (731100 -20081
Mayor Selich introduced the item on behalf of the City's Building Ad Hoc Committee. He
indicated that the item refers to access from the City Hall site and gives guidance to the
architects. He noted that a formal traffic study will still be done as a part of the EIR.
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Public Works Director Badum reported that the goal is to explore ideas. He indicated
that there are operational issues at the San Miguel Road, MacArthur, and Avocado
intersections in which he will present two potential alternatives. He state that the intent
of the City is to address access and traffic circulation to accommodate build -out
conditions at Newport Center.
Joe Faust, Austin Faust Associates, presented a simulation of the two alternatives:
Farrallon extension, which segregates the park, or adding a median on San Miguel
with right turns only.
In response to Council's question, Mr. Faust stated that, if a median is added at San
Miguel, public safety would have to adjust their pattern, there will be a major
redistribution in the intersection, and a traffic signal is needed to interrupt traffic for right
turns and to accommodate pedestrians. The risk is that they would have to maintain
access to the large parking lot, which might cause cars to cut through. He indicated that
both alternatives will cause controversy, however, he feels the Farrallon extension will be
a better solution.
In response to Council Member Curry's question, Mr. Faust stated that there are other
alternatives that seem to have more problems, but the two presented seem to be the best.
In response to Council Member Gardner's question, Mayor Selich stated that they are not
recommending the San Miguel median, however it is an option that seems to work. The
Building Ad Hoc Committee looked at the impact to the site plan, the park, the value of
the right turns from MacArthur Boulevard, and access to the Central Library, and felt that
this is the best recommendation to present to Council. Council Member Henn stated
that they blended a series of imperatives to come to a conclusion about whether or not
there was an alternative besides Farrallon.
Debra Allen saluted the City's Building Ad Hoc Committee and expressed appreciation for
their direction to the architects. She also expressed support for staffs recommendation to
not extend Farallon.
Dick Nichols disagreed with the proposed median on San Miguel Drive because he
believed it will cause more accidents. He supported the Farrallon extension because it
makes more sense.
Jan Vandersloot expressed support for the Building Ad Hoc Committee's
recommendation to not extend Farrallon. He believed that the intent of the voters was to
have City Hall in the park and if Farrallon is extended it would destroy the concept of
what people voted on. He suggested that the Avocado and San Joaquin Hills intersection
be opened to increase traffic movement. He also suggested that the Design Parameter be
changed to reflect the intent of a natural park in the northern parcel.
Ron Hendrickson expressed concern about traffic problems in Newport Center and
suggested that wording be added to the Council report relative to the build out conditions.
He also suggested that the phrase "southern most meadow" in the General Design
Parameters be reworded to clarify the location.
Council Member Curry agreed that Farrallon should not be extended.
Motion by Council Member Curry to a) ratify the Building Committee's
recommendation stating the intent of the City Council that the City shall: 1) utilize
improvements to key intersections at San Miguel and Avocado, San Miguel and
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City of Newport Beach
City Council Minutes
May 18, 2008
MacArthur, Newport Center and San Miguel, and Newport Center and Anacapa to
accommodate build -out conditions in Newport Center instead of extending Farrallon from
its current terminus at Avocado to MacArthur Boulevard; and 2) preclude "right -turn in"
access from MacArthur Boulevard into the City Hall location.
Mayor Pro Tem Daigle clarified that nothing is being locked in as far as the medians and
that the intent is to show there are alternative traffic analysis.
Council Member Henn stated that when an alternative solution is identified, it will have to
be a collaborative effort of landowners and users of the area.
The motion carried by the following roll call vote:
Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Daigle, Mayor
Selich, Council Member Curry, Council Member Gardner
Absent: Council Member Webb
XVIII. MOTION FOR RECONSIDERATION - None
XUC ADJOURNMENT -10:24 p.m.
The agenda for the Regular Meeting was posted on May 7, 2008, at 4 :00 p.m, on the City
Hall Bulletin Board located outside of the City of Newport Beach Administration
Building. The supplemental agenda for the Regular Meeting was posted on May 9, 2008,
at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach
Administration Building.
City Clerk
Mayor
Volume 58 - Page 487