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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 Volume 58 - Page 476 City of Newport Beach City Council Minutes May 13, 2008 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 MINUTES✓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 Volume 58 - Page 477 City of Newport Beach City Council Minutes May 13, 2008 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. Volume 58 - Page 478 City of Newport Beach City Council Minutes May 13, 2008 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 Volume 58 - Page 479 City of Newport Beach City Council Minutes May 13, 2008 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). Volume 58 - Page 480 City of Newport Beach City Council Minutes May 13, 2008 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. Volume 58 - Page 481 City of Newport Beach City Council Minutes May 13, 2008 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. Volume 58 - Page 482 City of Newport Beach City Council Minutes May 13, 2008 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 Volume 58 - Page 483 City of Newport Beach City Council Minutes May 13, 2008 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 Volume 58 - Page 484 City of Newport Beach City Council Minutes May 13, 2008 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. Volume 58 - Page 485 City of Newport Beach City Council Minutes May 13, 2008 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 Volume 58 - Page 486 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