HomeMy WebLinkAbout01 - MinutesAgenda Item No. 1
November 26, 2013
CITY OF NEWPORT BEACH
City Council Minutes
Study Session
November 12, 2013 — 4:00 p.m.
I. ROLL CALL
Present: Council Member Gardner, Council Member Petros, M@or PW-,Tem Hill , Mayor Curry,
Council Member Selich, Council Member Henn
Excused: Council Member Daigle;.
II. CURRENT BUSINESS
1. CLARIFICATION OF ITEMS ON THE
Council Member Gardner referencedy rrespondence Neived from Mr. Diamond regarding
Item 4 (Woody's Wharf Use Permit" °' 1 - 2318 Ne A Boulevard - Use Permit No.
UP2011 -010 - Variance No. VA2013 -0 a quired on t ity's response. City Attorney
,:... , "C'
Harp reported that there is no need to tespond`'il the Ci s addressed all the issues
raised and there is no merit to Mr. Diamo' 's claims
Sse
Regarding Item 12 (Pr' ssi al Services bment with Civil Works Engineers for Dover
Drive and Westcliff love St "het Rehabilita Project), Council Member Gardner wondered
whether the Cityn do a thing to help , icycle transit. Public Works Director Webb
reported that the Ci` ' ill r ave and restrip he street, and will be looking at bicycle lanes
as the median is install _
Fg Item 16 —'f ' ept` 1 Homeland`Security Grant Program Funds for Volunteer
icy Managem ID 1e System), Council Member Gardner commented on the
being spent on ntifica l badges. City Manager Kiff stated that it involves an
stem and added loot Fire of Poster is prepared to provide additional information,
if
In response ice:' ouncil Mn ,, ber Petros' question regarding Item 11 (Bayside Drive and Area
Streets Pavem� Rehahitation - Award Contract No. 5212), Public Works Director Webb
stated that the exine Marrows will be included.
Mayor Pro Tem HilPcommented on Item 6 (Adoption of Ordinance No. 2013 -21 Approving
Code Amendment No. CA2013 -005 Amending Newport Beach Municipal Code Section
20.90.060 (Residential Equestrian District: SP -7 (REQ)) Removing Annual Use Permits for
the Noncommercial Keeping of Three to Six Horses (PA2013 -114), noting that there is zero
setback on the equestrian training areas. He asked whether the City can work with the
equestrian community to see if there is something that can be done to ensure that runoff does
not accrue from those areas.
Regarding Item 13 (Professional Services Agreement for Ongoing Commissioning Services for
Civic Center with GLUMAC), Council Member Henn noted the costs and believed that it is
unfortunate that the City has such a complicated system where special resources will be
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November 12, 2013
needed.
2. HARBOR RENT - LOOK BACK REVIEW FOR RESIDENTIAL /COMMERCIAL PIERS
AND MOORINGS. [100 -2013)
Council Member Selich recused himself from this item since he owns a residential
dock.
Harbor Resources Manager Miller presented details of the report
Council consideration and actions, implementation of the
implementation of residential pier rates. He presented reco er
in the staff report and presented examples of the different'"
He asked Council to consider how to classify the Lido Is tomnAw,
noting that not everyone on Lido Isle is a member o f�e Yacht C
serves a dual purpose. �-°``
In response to Council Member Gs
reported that the pier is used 100% for
Council Member Petros asked if the Lido Isle As9-4.
build as many floats as they-wanted,
to within the
Resources Manager Miller reported`' " they are cu
in theory, if they wanted a marina ,as a
existing structures and build a 30 slip arina r
. addressed the process,
cess, workshops, and
changes as highlighted
gurations, and options.
Association/Yacht Club,
and that the Clubhouse
Miller
and short -term
could tear down existing floats and
ration of the property lines. Harbor
rebuilding the entire structure :and
al pier they could tear down the
Mayor Pro Tem Hill b ' ved that, if they a not re` the pier and are using it for
educational and hom_'" visitation purVo &, they should a charged the residential rate.
Council MemberAenn not that the dock Fa not being used for revenue - raising purposes and
should not be cons ed be a commercialier. He asked if the usage of the dock is similar
to other yacht clubsh boy Res&xrces Manager Miller reported that the closest
x�.
compar e tH alboa Vhich is solely for instructional use and short -
ter 4' 1 n vess He ed that they' have a mix of City and County tidelands and that
f e small sliver ity tfrlands they are charged $1.02. Mayor Pro Tem Hill noted that
Balboa Yacht Clukras a of marina and non - marina, and that part of the `marina
be s to The Irvine pa y. ^
There 'Was, consensus $y Council to direct staff to charge the Lido Isle Community
Associatio�cht Club, a residential rate.
A
Harbor Resourc;Anager Miller confirmed for Council Member Henn that the revenue
collected would bused for mooring amenities and other beneficial harbor programs and
presented an example of a potential program. Additionally, he addressed State Lands
comparisons for various locations in California. Council Member Henn noted that the
preponderance is to charge for the entire buffer area,
Mayor Pro Tem Hill addressed the purpose of the exercise and indicated he understands its
importance. He commented on the possibility of charging the appraised prices for the
pier /dock area, the gangway to it, and the captured water that exists for u- shaped docks, but
not the buffer area. He added that the Harbor has a lot of small floating device operations
and noted that everyone uses the 10 foot buffer area. Additionally, he indicated that it is hard
to say that the side lines are not arbitrary and requires a unique decision on each one. He
stated that this is not about revenue, but rather meeting the State Tidelands requirements
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November 12, 2013
and those administrative costs will be offset by what we would lose in revenue. He suggested
eliminating the buffer, except what is in the u- shaped dock area.
Council Member Henn reported that the City acts in a fiduciary capacity on behalf of the
State in managing the Tidelands and that the State Lands Commission manages pier rentals,
excluding Newport Harbor. He believed that it is unwise to go far from the methodology used
by State Lands and suggested keeping the 50% charge which is in line with their
methodology. He agreed that it is not about the revenue and addressed administrative costs.
He pointed out that the only change would be the elimination for ;tt charging for the buffer
and stated that it would be a one -time exercise. He added th ;ier owners do not have
exclusive use of the buffer area, but that, since there is no boW. -Zn only a small percentage of
the piers and that the greater number of pier owners have is that are tied to the pier 90%
of the time, effectively there is some exclusive use of wat re �: ound the pier. He indicated
that discounting it by 50% is a significant reductio>irges a greed with the discount
as well as all of staffs recommendations.
Fred Barnes, President of the Lido Isle Commtity Assi�ciation, referenc� letter submitted
to staff and highlighted points made in t ,letter He addressed other lea being paid,
including the increased Tidelands Fee si% M 2013, and believed tIY adjustments
should be made retroactively.
Council Member Henn believed t adjusting tF :rate from commercial to residential
retroactively, would be appropriate base.
Kevin Muldoon, Legal Counsel for the Claremo pstitute,'roperty -right non - profit, read
from the Beacon Bay Bill regarding re'�.1 proper, s anAdded that until recently, the
Newport Beach Muni ' Code, case w, anfil..legislat.'' ' lowed for recreational piers to
exist in Newport H 8i v thout any re 'e e added that the Council is not bound to charge
rents, let alone, w it market value rent. stated that a fiduciary duty to charge rent does
not arise simply *cause tt e State decided t I hangs its policy.
Steven Barrick Gen"' the Newport Beach Dock Owners Association, thanked
Coun , the , us forwar........" 7 . ed that the process has raised more questions
thay6` "answers. ddre d the arbitrariness of the process and discussed issues related to
'Brown, Her . rted ` t the fact - finding process of litigation will commence soon and
ed that a favorable' Sol utioi n be generated.
Johri"l a�nderson asked g f the permits for the docks and moorings are the same over Tidelands
and if tlsi,; -ooring len of time to be traded can be extended, noting that it is presently at 7
years and k- 4hould be A years. He asked whether it can be extended in perpetuity and noted
effects on mooig vats.
s
Christine Daeger,. attorney for Newport Beach Dock Owners Association, reported that
lenders are looking for a commitment on price and terms, and noted that Council can change
the price at any time which has created uncertainty in the marketplace. She looked forward
to working with Council and agreed with the need for a simple application process and hoped
that confiscation issues are eliminated.
Patricia Deaton, mooring permittee, referenced the analysis she submitted after the workshop
as presented in the staff report and noted omissions and inconsistencies in the report. She
believed that application of fair market value is not used consistently, mooring fees were not
based on appraisals, and there are variations as to what is deemed a gift of public funds. She
indicated that residential pier permitees are now able to charge rent and believed that this is
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City Council Study Session
November 12, 2013
a gift of public funds. She reported analyzing mooring charges versus residential piers and
relayed the results of her analysis. She asked that Council eliminate the use of the marina
index as a basis for assessing mooring fees in favor of a Tidelands appraisal and to reinstate
the Harbor Commission recommendation with respect to allowing mooring permit transfers.
She also requested a written answer relative to the inconsistencies in the report.
Pete Paulette commented on the expense of the Civic Center and increased debt taken on by
the City without voter approval. He expressed opposition to the fee and the permit that
allows the City to confiscate property for a cause. He asked for thlefinition of "cause" and
believed that Council is undermining real estate values. He addr }sed property taxes already
paid by residents and stated that Council should listen to all i, constituents. He asked that
Council renegotiate the matter.
Stacy Klein implored Council to allow the transfer of
Brian Rozoyian suggested giving half of the $80,'60 back to the moo owners who made
the improvements so that they can mainta _ them ;0"Regarding piers, ** requested zero
transfer fees between families and comment `d cn a "rcement of the buffer ' ea. He stated
that he is encouraged with Mayor Pro Tem" mments and that, regar g docks, the
process is aggravating because there is a dis " 'ty. He added that residents now have
additional liability for the buffer area and wondere ow it will be handled.
Scott Peotter commented on properl%1k419a and believeif at the State owns the Tidelands,
the City is enforcing it, and that prop ty ohave no ts. He suggested the possibility
of leasehold rights in perpetuity.
Harbor Resources Mar Miller addre ed tkfe request fo ore time to sell his mooring and
reported that there,Ye seen 7 years led that Council direction allows for two mooring
transfers within .' 10 yea period. He ported that a mooring permittee is required to
maintain their ngs eery two years an cannot rent their mooring individually for a long
term but can do so 4to s at a time. e addressed transfer fees within the family and
noted that.the,City doesnfee.for itl uections.
e to Coui Meml3e,,r Gardner's question regarding confiscation by the City, Harbor
Manager er rep t d that the language was removed from the permit.
the alleged g7t of public funds, City Attorney Harp reported that the City has an
to charge fair; arket value for the use of the property.
Council Meter Garder noted that future Council can make changes, addressed outreach,
and noted that' ,iile Cgouncil may not necessarily agree, Council is listening.
Council Member Metros agreed with residential rates to the Lido Isle Community
Association/Yacht Club. He reported being compelled by Mayor Pro Tem Hill's comments
regarding the issue of the buffer and believed that the City should not be charging for it and
it should be restricted to the property that is static and stationary. He expressed interest in
learning about the projects that the harbor fees will be funding and knowing what leasehold
rights would be versus risks of possessory interest.
Council Member Henn reported there never was a private property right for water owned by
the State. He agreed with removing the language regarding the potential for confiscation as
well as offering a 5 or 10 year permit and stated that there never was a surety in terms of the
value of the water. He reported that what the City is proposing is only making it better as it
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City of Newport Beach
City Council Study Session
November 12, 2013
relates to the issue of the ability to finance an abutting residential property. He commented
on the 10 year transfer right period and on his belief that there is no additional personal
liability relative to the proposal to change the buffer area.
City Attorney Harp reported that how the rent is calculated should have no impact on the
overall liability for the buffer area.
In response to Council Member Henn's question, Harbor Resources Manager Miller reported
that he can speak with the Harbor Patrol about nuisance activity Id, if someone calls, they
can be asked to assist residents. Council Member Henn stated t it would be beneficial for
Harbor Resources to meet with Harbor Patrol regarding nui nce enforcement. Regarding
the comments from the Claremont Institute, City Attorney arp reported that the passage
read from the Beacon Bay Bill was selective and deals 0. circumstances. He added
that there are other provisions within the bill thatti wire the "y to charge fair market
value.
Mayor Curry expressed support for the
Association/Yacht Club and noted that land
He believed that the .5 and 10 year option
feedback received in previous meetings.
Following discussion regarding chng fees for
Council to not do so.' rs
Harbor Resources Manager Miller
Ordinance at its next meeting.
ition of Lid" ale Community
confiscation ah ;, be removed.
and that this ac ' ` reflects the
zone, it was the consensus of
return to Council with an
In response to City,.06nagSr Kiffs questfQ Council agreed with charging the full rate for u-
shaped dock are a =
3. CIVIC CENTER ROOM N - PROFIT USE. 1100 -2014
gg
Recrs ii and r Sces Director fweiler introduced Recreation Supervisor Harmon
wl manages the c Ceid ommunity Rooms. She provided a PowerPoint presentation,
dressing room rent rices`i4 fees, costs associated with managing the Community Room,
t and indirect cost re cry, and applicable policies according to the Newport Beach
M al Code Sectid 3.36 and Council Policy B -13. She presented an overview of
Comm ity Room and I' wn rates and levels of rates, rentals to date, allowances for one- and
two -hour tals and nor11. profit room rental rates and market comparisons.
Council Membb ardfer stated that the City is fair relative to its rental rates and discounts
offered to non -prii ppand youth - serving organizations, which was supported by the consensus
of Council
III. PUBLIC COMMENTS, INCLUDING PUBLIC COMMENTS ABOUT ITEMS ON THE
CLOSED SESSION AGENDA
Jim Mosher commented on Harbor charges and noted that, when Council enacted the Ordinance
changing the permit structure, it changed Harbor Code 17.60.060(E) with no explanation.
Commercial uses under the Code are exempt from provisions requiring involvement of the owner or
long -term lessee in abutting property. He added that the City Attorney agreed with the need for
clarifying language and commented as to the intent in relation to applying for a permit and believed
that the matter needs to be revisited. Additionally, he commented on Closed Session and the City
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City of Newport Beach
City Council Study Session
November 12, 2013
Attorney's role and indicated that in this agenda, there is an item relative to Council Member Henn
entering into negotiations with the City Attorney about salaries and benefits. He expressed hoped
that City Attorney Harp will not be advising Council on the matter.
Council Member Henn confirmed that City Attorney Harp will not be participating in Item 2.11 of the
Closed Session agenda.
Council Member Gardner requested clarification of the issues raised by Mr. Mosher in the future.
City Attorney Harp reported that Council will recess into Closed Sessit this time and read the
issues to be discussed, as listed on the agenda.
IV. ADJOURNMENT -Adjourned to Closed Session at 5:35
The agenda for the Regular Meeting was posted o4ANovember 7, NMI at 4:00 p.m. on the
City's website; on November 7, 2013, at 4:00 p.j%%t on he City HalfUctronic Bulletin
Board located in the entrance of the City Coulibil Clk ` bers at 100 436 Center Drive;
and on .November 7, 2013, at 4:00 p.m, in le Meeting Agenda Binder" sated in the
entrance of the City Council Chambers at 100 Va;;.Wtenter Drive.
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CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
November 12, 2013 — 7:00 p.m.
I.
II.
STUDY SESSION - 4:00 p.m.
CLOSED SESSION - 5:35 a.m.
A CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives:
Manager; Negotiators
Employee Organizations: All Labor AE
Lifeguards (ANBOL); Newport Beach City
Employees League (NBEL); Newport 1
Management Association (NBFMA); ' ' s
Beach Police Association (NBPA); Newport
Newport Beach Professional and Techr ical
Association of Newport Be,h (PTEANB).
B. CONFERENCE W TH I
Agency Designated gl
Unrepret 105
P�
III. RECES '
h•.. s
IV. RECONVE AT 7:00 P.M.
V. ROLL CALL
Present: Council Member
Member Selich, C nc
VI. CLOSED SESSION REPORT
.6)
and Terri sidy, Deputy City
Association of Newport Beach Ocean
Association (NBCEA); Newport Beach
N oci Mation (NBFA); Newport Beach Fire
Association (NBLA); Newport
:e gemerit Association (NBPMA);
BP "A); and Part -Time Employees
S: s
(Government Code § 54957.6)
Member Michael F. Henn
Attorney
ar, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Henn, Council Member Daigle
City Attorney Harp announced that there were no reportable actions taken.
VII. PLEDGE OF ALLEGIANCE -Mayor Pro Tem Hill
VIII. INVOCATION -Mayor Curry
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City of Newport Beach
City Council Minutes
November 12, 2013
IX.
X.
M
Mayor Curry recognized the attendance of and thanked Girl Scout Troop 2917.
PRESENTATIONS
Presentation of Plaque to Outgoing City Arts Commissioner
Mayor Curry presented outgoing City Arts Commissioner
acknowledgement and appreciation for her service to the
appreciation to the City and Council for the opportunity to serve,
Presentation to the City of HEAL Cities Certificate
Scott Kelly, Kaiser Permanente Orange County, p
to the City of Newport Beach for being an active
provided information about the HEAL campaign.
Deputy City Manager/Human Resources
and thanked Council for adopting a I
commitment to the HEAL campaign.
Mayor Curry commented positively
NOTICE TO THE PUBLIC
Council Member Daigle
possible stadium at Corona
Engineer and well- versed in
Council Membei° Henn repbY
annual muting where a pr(
He coma ted on the numl
Balboa V Advisory Con
final report fn the Urban
the Finance Committee will
members of the nitric to s
quarterly financial rd"14iw of
strategy and roadmap fo A 1be,
High School.
Carole Boller with a plaque in
City. GIs. Boller expressed her
yor Curry in recognition
Active Living) City and
'Ty introduced the CitgR�'EAL Committee
support of HEAL. She`ted the City's
Mr. Kelly for the presentation.
er's Association meeting in the Bluffs about the
stated that Council Member Petros is a Traffic
'&,ding the CeiRM Newport Beach Community Association (CNBCA)
D r , as provided regarding the Citys residential trash outsourcing.
ositi%* _things happening on the Peninsula. He announced that the
(BVAffJ,: will meet on November 13, 2013, at 4:00 p.m. to discuss the
nstitute Technical Advisory Panel. Additionally, he announced that
November 18, 2013, at 4:00 p.m. in Conference Room 2E and invited
He reported that the Committee will discuss PERS valuations, a
:ers 4, 2013 and Quarter 1 of fiscal 2014, and the budget process
ing budget cycle.
Council Member Gardner reported that the Harbor Commission will be meeting on November 13, 2013,
at the old Council Chambers since the Coastal Commission will be meeting in the Civic Center Council
Chambers. She added that the Coastal Commission meeting will focus on the Poseidon Desalination
Project and that hundreds of people are expected to attend.
Council Member Petros reported that he presented a proclamation, on the City's behalf, proclaiming
November 6th as Healthy Eating Day at an event hosted by the American Heart Association at the
Offices of Newmeyer and Dillion. He reported that he is a heart attack survivor and commented
positively on the efforts of the firm towards heart health, stating that he is back on the mend and has
recently entered an Iron Man Triathlon event. Additionally, he reported that he will be working with
staff to ensure that the City's concerns are addressed as they relate to the stadium at Corona del Mar
High School and the Notice of Preparation (NOP) as it relates to the CEQA document. He added that he
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City Council Minutes
November 12, 2013
Kin
XIII.
will also ensure that there is a full traffic impact analysis and a complete parking assessment.
Mayor Pro Tem Hill reported representing the Mayor at Mariners School for Arbor Day, along with
Principal Pamela Coughlin and Park and Tree Superintendent Dan Sereno. He reported meeting with
the third grade class and presented a proclamation declaring October 23 as Arbor Day. He added that
Lynette Short, California Department of Forestry and Fire Protection Employee, presented the Tree City
Award to the City and the Year Growth Award for the City's street trees.
Mayor Curry reported participating in the Mayor's Forum in Yao Zo, Sout4 Korea, a Newport Beach
Sister City. He reported meeting many Mayors, including the M -0r of Kabul, Afghanistan.
Additionally, he reported participating in the California Economics M s Summit in Los Angeles and
hosted Former Mayors at the Newport Beach City Hall. Mayor��rry noted participating in the
Veterans Day program at the Orange County Fairgrounds, aIon .wi he U.S. Postal Service which
presented a new Medal of Honor stamp. He announced that the ty Cler ffice will be accepting new,
unwrapped toys for children of troops, DVDs for troop gift cards' .fir troop families through
Operation Christmas.
Jim Mosher noted that Item 7 (Professional Services Agr R ent with GMU Geotechnical, Inc. for Marina
Park Specialty Inspection and Material Testing Services) a tern 8 (Information Technology Consulting
Services - Amendment No. One) were on a p` us agenda and aked why they were pulled from the last
agenda. Regarding Item 4 (Woody's Wharf' it Appeal =. 18 Newport Boulevard - Use permit
No. UP2011 -010 - Variance No. VA2013- 0061�1?A �5)), he n "that Council will be making a
finding that the CEQA exemption used by tli Plamm�' missi for approving a number of the
elements of the project was inappropriate an&%wonder g'so, Council is invalidating the
Planning Commission's action.'<�endent of w theCIr. Diam " is successful with his procedural
challenges. Regarding Ito (Pr .' essional Sere Agreement with Civil Works Engineers for Dover
Drive and Westcliff Drive.,, reet Rehabilitation Pr ct), he stated that staff is planning possible changes
to the medians and landsi iNng an 'wondered if pubic input will be sought.
A.
1. -`WNUTES FOR rE OCTOBER 22, 2013 SPECIAL MEETING AND REGULAR
TING. [100 -P 131 Waive reading of subject minutes, approve as amended, and order
filed�4lavor Curry bstained on this item.
2. READIN F - RDINANCES. Waive reading in full of all ordinances under
consideratio direct the City Clerk to read by title only.
B. RESOLUTIONS FOR ADOPTION
3. APPROVAL OF MEASURE M2 EXPENDITURE REPORT. [100 -20131 Adopt
Resolution No. 2013 -74, A Resolution of the City Council of the City of Newport Beach
Concerning the Measure M2 Expenditure Report for the City of Newport Beach, approving
the M2 Expenditure report, substantially to form, subject to technical revisions in
conformance with Orange County Transportation Authority (OCTA) guidelines.
4. WOODY'S WHARF USE PERMIT APPEAL - 2318 NEWPORT BOULEVARD - USE
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City of Newport Beach
City Council Minutes
November 12, 2013
C.
PERMIT NO. UP2011 -010 - VARIANCE NO. VA2013 -006 (PA2011 -055). [100 -20131
Adopt Resolution No. 2013 -75, AResolution of the City Council of the City of Newport Beach
Upholding in Part and Reversing in Part the Planning Commission's Decision Regarding
Conditional Use Permit No. UP2011 -010 by Approving a Change to the Opening Hour and
the Valet Parking Plan and Parking Waiver but Denying Extension of the Closing Hour of
the Outdoor Patio Area, Patron Dancing, and a Change to the Interior and Outdoor Patio
Floor Plan; Approving Variance VA2013 -006 to Allow an Encroachment into the Bulkhead
Setback; and Superseding Use Permit No. 3065 and Outdoor Dining Permit No. I for an
Existing Eating and Drinking Establishment Located at 2318 Nowport Boulevard (PA2011-
055), related to Variance No. VA2013 -006 and Use Permit NJP2011 -010 which:
1. Finds the approved elements of this project application exempt from the California
Environmental Quality Act pursuant to Section 153 xisting Facilities) of the CEQA
Guidelines, but that the denied elements c- m jAWtially significant impacts
inappropriate for this CEQA exemption;
2. Upholds the Planning Commission approy%of Variance VA2 -006 to allow the patio
cover to encroach into the bulkhead setback,�Yea; a
3. Modifies the Planning Commission ?proval QMe Permit No. U 1 -010 to:
a. Approve extending the openingr of, , e restaurant and outdo atio area from
11:00 a.m. to 10:00 a.m., daily;
b. Approve limiting the provision of vAlwMarking to Friday and Saturday nights and
holidays from 6:00 p.m. to closing;
c. Approve waiver of six " king spaces he required forty (40) parking spaces
when valet service is not in use, '°�,
d. Deny extending the close houf'.he outdo do area from 11:00 p.m. to 2:00
a.m. on Friday and Saturday mg a, and t1Yretairthe nightly 11:00 p.m. closing
hour of the outdoor ptio area, -
e. Deny allo .. ` tron dancing's
f Deny roving ' bles and ch4') '!Within the restaurant and outdoor patio area; and
g. Supeede Use Permit No. 3065;43065 (amended) and Outdoor Dining Permit No. 1.
Mayor Pro
on this
he owns property within 500 feet of the
abstained on this item, and Council
LOCAL COAST PRO�AM GRANT PROPOSAL AUTHORIZATION (C- 6660).
8/100 -20131 a) :'Find th" this authorization is not subject to the California ironmental Quty Act (CEQA) pursuant to Section 15061.b.3 of the CEQA Guidelines;
ands adopt Re soon No. 2013.83, A Resolution of the City Council of the City of Newport
Beach' thorizing ubmitto of a Grant Proposal to, and Authority to Enter into a Contract
with, the` ?' pliforn' Coastal Commission and Designating an Authorized Representative.
6. ADOPTION OF ORDINANCE NO. 2013 -21 APPROVING CODE AMENDMENT NO.
CA2013 -005 AMENDING NEWPORT BEACH MUNICIPAL CODE SECTION
20.90.060 (RESIDENTIAL EQUESTRIAN DISTRICT: SP -7 (REQ)) REMOVING
ANNUAL USE PERMITS FOR THE NONCOMMERCIAL KEEPING OF THREE TO
SIX HORSES (PA2013 -114). [100 -20131 Conduct second reading and adopt Ordinance
No. 2013 -21, An Ordinance of the City Council of the City of Newport Beach Adopting
Zoning Code Amendment No. CA2013 -005 Amending Section 20.90.60 (Residential
Equestrian District: SP -7 (REQ)) Removing Annual Use Permits for the Keeping of Three to
Six Horses in the REQ (Residential Equestrian) District of the SP -7 (Santa Ana Heights
Specific Plan) Zoning District (PA2013 -114), approving Code Amendment No. CA2013 -005.
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November 12, 2013
D. CONTRACTS AND AGREEMENTS
7. PROFESSIONAL SERVICES AGREEMENT WITH GMU GEOTECHNICAL, INC.
FOR MARINA PARK SPECIALTY INSPECTION AND MATERIAL TESTING
SERVICES (C- 3897). [381100 -2013] Approve a Professional Services Agreement with
GMU Geotechnical, Inc. of Rancho Santa Margarita, California, for the specialty inspection
and material testing services needed for the Marina Park Project at a cost not to exceed
$206,487.00, and authorize the Mayor and City Clerk to execuoPlhe Agreement. Continued
from the 10/22/13 City Council meeting.'
8. INFORMATION TECHNOLOGY CONSU
ONE (C- 5267). [381100 -2013] Approve the
the 10/22/13 City Council meeting.
9. CENTRAL LIBRARY HVAC SYSTEW�U
AND ACCEPTANCE OF CONTRAC'L�O.
work and authorize the City Clerk to file a'
the City Clerk to release the Labor and
Completion has been recorded ' accordance
c) release the Faithful Perform .Bond one
10. BALBOA BOULEVARD LAND]
2013] a) Approve the project drawl
Pima Corporation Ia, d EnvironmeA,
Contract No. 484oIC Engineeri
and authorizei "e May " and City Cl
of $224,642, (approximately 10 pe
approve Budg Amendment No.
of the
3 - AMENDMENT NO.
contract. Continued from
"ES - NOTICE COMPLETION
f. [38/100 2013] a) Ac . the completed
of Completion for the prof ' t; b) authorize
rials Bond 65 days after the Notice of
heable portions of the Civil Code; and
r acceptance by the City Council.
IN(M AWARD NTRACT NO. 4842. [38/100 -
and s ions; ° declare the bids submitted by
COnstructio hie. as non- responsive; c) award
Jkic. (GMC) for the total bid price of $2,247,357.75,
O
to execute the contract; d) establish a contingency
int) to cover the cost of unforeseen work; and e)
IBA -019 appropriating $590,000.00 from the
t&Account No. 7013- C2002063 (Balboa Boulevard
.Acused himself on this item since he owns
4 property.
10 .:. AYSIDE DRI ND AR. STREETS PAVEMENT REHABILITATION -AWARD
NTRACT NO. 5212, 81100 -2013 a Approve the
� ] ) pp project drawings and
sp%f cations; b) award Contract No. 5212 to All American Asphalt for the total bid price of
$1,2b 07.00, and authorize the Mayor and City Clerk to execute the contract; and c)
establiNow amour[ of $120,000 (10°x6) to cover the cost of unforeseen work not included in
the origina`g ontr ct. Council Members Gardner and Selich recused themselves on
this item sin1iey own property within 500 feet of the subject property.
t'
12. PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS
FOR DOVER DRIVE AND WESTCLIFF DRIVE STREET REHABILITATION
PROJECT (C- 5583). [381100 -2013] a) Approve a Professional Services Agreement with
Civil Works Engineers of Costa Mesa, California, for engineering services at a not -to- exceed
fee of $220,360.00, and authorize the Mayor and City Clerk to execute the Agreement; and
b) approve Budget Amendment No. 14BA -020 recognizing $633,000 in contributions from
Orange County Sanitation District (Revenue Account No. 250.4858) and appropriating
$50,000 to the Dover Drive and Westcliff Drive Street Rehabilitation project account (7251 -
C2002018).
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November 12, 2013
13. PROFESSIONAL SERVICES AGREEMENT FOR ONGOING COMMISSIONING
SERVICES FOR CIVIC CENTER WITH GLUMAC (C- 4527). 1381100 -2014 a)
Approve the Professional Services Agreement with Glumac, and authorize the Mayor and
the City Clerk to execute the Agreement; and b) approve Budget Amendment No. 14BA -021
appropriating $40,000 from the unappropriated General Fund balance to M&O Account No.
3140 -8244.
E. MISCELLANEOUS
14. PLANNING COMMISSION AGENDA FOR
and file.
15. APPOINTMENT OF DISTRICT 1 ALT
COMMITTEE. [100 -20131 a) Waive the
Commission, and Committee Appointments,
elector of the City; and b) confirm Cou it
Hecht as the District 1 Alternate Mem
MBPR 7, 2013. [100 -20131 Receive
MEM TO THE AVIATION
of City Co 1 Policy A -2 (Board,
quires an app ee to be a qualified
Mike Henn's no ation of Donald
ion Committee.
16. ACCEPT 2011 HOMELAND SECURITY GRANT PROGRAM FUNDS FOR
VOLUNTEER EMERGENC A*ANAGEMER ID BADGE SYSTEM. [100 -20131
Approve Budget Amendment N..., 018 rewgniz .y a $12,600.00 grant from Homeland
Security in Revenue Account 1 2 p + "' 2 and a" , priating $12,600.00 to the Fire
Department Special Department S pp lies count, . 5 -8200.
x
Motion by Mayor Pro Term^ seconded I5 Cuncil Me r Selich to approve the Consent
Calendar, except for the it x'remOked (17); no ti �& abstentions by Mayor Curry on Item 1 and by
Council Member Daigle item 4; biie no vote by `until Member Selich on Item 4; and the recusals by
Mayor Pro Tem Hill on 4, Mayor Pro Tem H 1 on Item 10, and Council Members Gardner and
Selich on Item 11.
The motion ca,
.p u
Ayes: Co. ,d Member Gardr
M r Selich, Council
XIV. ITEMS REMOD FROM 7
17. VISIT NEW T B
STATEMENTS D
IMPROVEMENT
call
Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Council Member Daigle
INC. (VNB) ANNUAL MARKETING PLAN, FINANCIAL
ET AND THE NEWPORT BEACH TOURISM BUSINESS
(NBTBID) ANNUAL REPORT (C- 5177). [381100 -20131
Council Member Gardner believed that the Visit Newport Beach (VNB) Marketing Plan is a
calendar, not a plan, and that there is nothing in the plan that helps Council evaluate the impact
of what VNB is doing. She suggested including a request that within three (months, VNB will
return with goals by which to measure itself to help Council evaluate it. Council Member Henn
noted that there is a summary of goals for the upcoming fiscal year at the beginning of the
presentation.
Mayor Pro Tem Hill commented on the goal of increasing occupancy rates.
Motion by Council Member Gardner, seconded by Mayor Pro Tem Hill to a) authorize a
one -time waiver of the timelines provided in Section 6 of the Agreement; b) review VNB's
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City of Newport Beach
City Council Minutes
November 12, 2013
Performance Standards/Marketing Goals Report; c) review VNB's Annual Marketing Plan; d)
review, approve and /or modify VNB's FY 2013 -2014 budget; e) review VNB's FY 2011 -2012 and FY
2012 -2013 Audited Financial Statements; and f) review and approve the FY 2013 -2014 NBTBID
Annual Report.
Council Member Daigle agreed with the need to have measurements and questioned that more
than 33% of revenue is coming from The Irvine Company (TIC) hotels, The Island Hotel and the
Pelican Hill Hotel. She wondered how to know whether those revenues are derived from TIC or
VNB efforts and how to measure it. A
Gary Sherwin, President and CEO of Visit Newport Beach, ci
Marketing Plan. He reported that funding from Transient
supporting the overall marketing of the City and leisure Wi
marketing. Group marketing is done through the Tour1s$i
which depends on VNB to market the City to raise thgroffie
makes the deals and books the room nights. f)e adde
complimentary and dependent of each other. H V`atate ith
tTl
mmdhted on the development of the
All
upancy Tax (TOT) goes toward
rk2 but does not include group
siness provement District (TBID)
and the' ID ;;has a sales force that
I that bot =• f the programs are
it there are 'i 11 y elements in the
document that include productivity standards.$ludingiq.measurement
In response to Council Member Gardner's question F Mr. Sherwin stated that his firm is happy to
meet with City staff and the hospitality communitM establish performance metrics, but added
that some things can be measured bu:#hers cannot. H eported that VNB tries to measure what
it can and assigns metrics based on tl'IeSpractices ink hospitality community. Mr. Sherwin
offered to return to the Marketing Cc i ew the g 3f and return to City staff for their
input.
Council Member Henn .,u'd that the p rforlt}ance metrr" m the document are effort -level
oriented rather than xtult- iented. He suggested integrating some result- oriented metrics into
er'
the response.
In response to Coui
Investments, Mr.`'
pertaing,;5Ci'tinesz
JA Mosher commenter
r ' mg reviewing, app"
budgean be approved, r
The motioiftarried by the
,..:-Y
Ayes: Council N1 her
Council Meiir Se]
XV. PUBLIC COMMENTS ON NO
Daigle's cestion regarding ways to identify Return on
s ._Athat &he best way to do that is to assign a value as it
VNB supplying reports and referenced the City's obligations
modifying the fiscal year budget. He questioned how the
n audited expenses report and discrepancies.
roll call vote:
per, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Henn, Council Member Daigle
Stephanie Barger expressed her appreciation for the dog park and suggested extending the hours due to
daylight savings for those that work past 5:00 p.m.
Laura Curran commented on the City building a new pocket park in Corona del Mar, thanked Council
Member Selich for his efforts, and reported that the project is entering the planning phase. She
suggested that the City showcase California native plants and asked that Council reconsider the matter
in order to showcase the State's natural beauty.
George Schroeder invited the public to join a community forum, on November 13, 2013, at 5:30 p.m. in
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City of Newport Beach
City Council Minutes
November 12, 2013
the Community Room where the guest speaker will be Newport Beach Police Chief Johnson who will
speak about community safety in the City.
Denys Oberman inquired regarding contingency funds for the Civic Center Project, noting that Council
Member Petros had previously requested an accounting of the project and that the public would also like
the opportunity to review it. Additionally, she requested a status update of the old City Hall site and its
reuse.
Council Member Daigle reported that Vector Control is busy wit )`Lower Big Canyon as malaria
mosquitoes are in the area. She stated that Vector Control is syg in the area and has made a
proposal to try to eradicate it. Additionally, she reported atten g a SoN''s ornia Association of
Governments (SCAG) meeting and added that Costa Mesa C0 Membnterested in serving
on SCAG whe n Council Member Daigle's term is up. She'bported thaat the meeting was
climate change and commented on the State's effort hand �icies. nted on the City's
Affordable Housing Task Force and deleting the inclu£ nary h sing zoning, and a about the status
of the matter.
Community Development Director Brandt reported that-ft Housing Element was approved with the
deletion of the program and that staff has follow -up action amend the Newport Beach Municipal
-
-
Code to remove the Affordable Housing inch program fi a the document which is scheduled for
the City Council meeting of November 26, 201;
Council Member Selich reported on a recent n*eting of . _ d Usk Element Amendment Advisory
Committee where it reviewed Bob'pies in the G'aieral an and ussion was continued to the next
meeting of December 2, 2013.
Council Member Gardnreferenc d Council Member Daigle's comments regarding mosquitoes and
added that the area has beef cemted and has apj4jeoximately 1 -2 inches of water. She reported that
there is nothing that Vector C r- cept spr and that they are proposing to fill in the area to
.,
divert the runo direc into onally, the plan would also alleviate a selenium
problem whiq "harmful ` `irds fish.
Council tuber Petros repoFd hosf%g, an Open House for the Bicycle Master Plan Oversight
Committee' thanked those wv particited.
XVII. PUBLIC HEAtGS
is. APPROVAL O MAS R FEE SCHEDULE (COST OF SERVICES PORTION) AND
CHANGE IN S S. [100 -20131
City Attorney Harp reported that this is a situation where the entire City Council potentially has a
conflict of interest, adding that fees have never been charged relative to bringing up matters for
review. The process has never been documented in the City's Municipal Code and what is being
proposed is to document that Council Members, Commission Members, Board Members or
Committee Members do not pay fees when they call up matters in the public interest from a lower
body or lower official. This would only apply to matters within the purview of the specific group as
part of their official duties. City Attorney Harp stated that, because these could impact Council
Members, the entire Council has a potential conflict of interest. He added that the Fair Political
Practices Commission (FPPC) provides that, when a majority or quorum of Council Members
cannot be obtained, the Code provides for a "game of chance" to see which Council Members will
consider the item. He referenced a set of black and red cards which Council Members will draw
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City of Newport Beach
City Council Minutes
November 12, 2013
and indicated that the Council Members who receive black cards will consider the item and those
who draw red cards will recuse themselves.
As a result of the game -of- chance -based selection process, Mayor Pro Tem Hill, Council Member
Daigle, and Council Member Henn recused themselves from the matter and departed the
Chambers.
Mayor Curry opened the public hearing.
Jim Mosher commented on the two separate ordinances being cc ered and believed that the
Council Members would not have a conflict on the second nance since it sets fees for
preferential parking permits to $10, but was subsequently charred in the Master Fee Schedule to
$16. He asked if the City is planning to refund residen o e extra money that has been
charged. ,
Hearing no further testimony, Mayor Curry
Ordinance No. 2013 -18, An Ordinance of the?
Section 3.36.030 of the Newport Beach Manic
26, 2013; and b) conduct second reading and
City Council of the City of Newport leach
5.04.210 and 12.68.040. 1'~y
The motion carried by the following
Ayes: Council Member
Recuse: Mayor Pro Tem*
19. ORDINANCE N g.' '20131-2g ESTABI
FORGIVE BU ES TRAT PAY
CORONA DEL MA � - UANE+SS I11
the public
N uncil Member 2M s to a) introduce
it of the City of NewpO each Amending
and pass to second rea g on November
inane No. 2013 -19, An Ordinance of the
Newport Beach Municipal Code Sections
Curry, Council Member Selich
nber Daigle
A PENALTY AMNESTY PROGRAM TO
DELINQUENT ASSESSMENTS FOR THE
:ENT DISTRICT FROM LIABILITY FOR
ar Kiff rep` d tli�ouncil provided notice for this item at its last meeting and noted
to Page 3 0 e staff where a sentence was omitted.
MotidW,bv Council Mdsnber Selich seconded bv_Council_ Member Henn to introduce
Ordinanc�glo. 2013 -22, Ai Ordinance of the City Council of the City of Newport Beach, California,
Establishing~;, Penalty Onaesty Program to Forgive Businesses that Pay Certain Delinquent
Assessments fdr ¢he Cora,a del Mar Business Improvement District from Liability for Penalties,
and pass to secon ad_Ag on November 26, 2013.
Mayor Curry opened the public hearing.
Sandy Giltinan voiced support for the amnesty but questioned its need. He believed that there is a
lack of communication between the Business Improvement District and small business owners in
Corona del Mar, adding that he has written them on several occasions without response. At
Council Member Gardner's request, Mr. Giltinan provided her with a business card.
Hearing no further testimony, Mayor Curry closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
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City of Newport Beach
City Council Minutes
November 12, 2013
Council Member Selich, Council Member Henn, Council Member Daigle
20. RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 22 - BALBOA
BOULEVARD BETWEEN WEST COAST HIGHWAY AND 22ND STREET. [100 -2013)
Mayor Pro Tem Hill recused himself from this item since he owns property within 500 feet
of the subject property.
Public Works Director Webb utilized a PowerPoint presentation:*6 provide a brief history,
including previous considerations by and directions from Coungr Utility Underground District
(UUD) areas, Rule 20A Funds for undergrounding utilities, Municipal Code requirements
regarding residential and business service connections. H Qssed UUD No. 22 design and
boundaries, and possible design modifications as the prgct mov rward. He also presented
photos of existing conditions, details of a cost antis, recomm ations, and a tentative
schedule.
In response to Council Member Petros' questio l
the item and its effect on two other Rule 20A
the two other projects will be delayed because
Petros noted the need to build up reserve funds.
City Manager Mff reported that stalt-A.
discounted rate from other cities and wi
Council Member Petros stated that, with
Boulevard landscaping a .. s, are signs
with the help of the adsbry nel, there
Council Member IT
that there are three
Bard a g the notion of a five' , r mortgaging for
ct p'public Works. `bib reported that
w.
will be using future funds. Council Member
to look the ability to buy the funds at a
o do so.
OKM En' nn'Meadership, this and the Balboa
to revs a the west side. He added that,
remarkable change on the Peninsula.
positively'14p the efforts being made on the Peninsula, noting
to it on then Benda tonight.
Council WREW ` ," ch c .' ented oii'- amount of investment being made along Balboa
Bouleve . ;. ''r
'r
Curry opened t.publi aring.
Paul De ter, representi neighbors and friends on River Avenue, reported sending a letter of
interest to' blic Works rector Webb requesting to incorporate River Avenue through Balboa
Boulevard in project. ,ublic Works Director Webb stated that staff looked into the matter, but
does not believe ivalifis for Rule 20A Funds as it does not meet the criteria. He added that it
may be suitable for 20B Funds and that he will be happy to follow -up with Mr. DeRitter
about the possibility y i "establishing another district.
Mr. DeRitter commented on the possibility to save time and money by implementing the projects
at the same time and using some of the volume of work.
George Schroeder thanked Council and staff for the landscaping improvements that will occur with
the undergrounding. He reported that this stretch of Balboa Boulevard is in worse shape than
what Council had in the 1970s and 1980s because they removed parking.
Hearing no further testimony, Mayor Curry closed the public hearing.
Motion by Council Member Henn, seconded by Council Member Selich to a) adopt
Resolution No. 2013 -82, A Resolution of the City Council of the City of Newport Beach Establishing
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City Council Minutes
November 12, 2013
Underground Utilities District No. 22 (Balboa Boulevard Between West Coast Highway and 22nd
Street) and Ordering the Removal of Poles, Overhead Wires, and Associated Overhead Structures
within Underground Utility District No. 22; and b) direct staff to initiate project implementation.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Curry, Council Member Selich,
Council Member Henn, Council Member Daigle
Recuse: Mayor Pro Tem Hill . JI
21. LIDO VILLAS (PA2012 -146) - 3303 AND 3355 VIA LIDO - GENERAL PLAN AMENDMENT
NO. GP2012 -005, COASTAL LAND USE PLAN AMENDNT NO. LC2013 -001, CODE
AMENDMENT NO. CA2012 -005, SITE DEVELOPMENT W NO. SD2013 -001, TRACT
MAP NO. NT2013 -001 (TENTATIVE TRACT -, NO. 5), AND MITIGATED
NEGATIVE DECLARATION NO. ND2013 -001. [1 013J
Council Member Henn recused himself
interest arising from a business relatio
Community Development Director Brandt report(
in Lido Village. She addressed locatio �existi.ng
Planning Commission; and discretion Assistant Planner Nova is present to as
Council Member Gardner asked how the 0
stated that design is different in everyone)
the proposed hotel at th ity Hall site
rendition of a coastal .4 gn. 'is reported t.
Council Member
design guidelines.
Mayor
De; `s Oberman ackne
S 1 many commu
the coal zone. She
communiR4uid hotel.
Hearing no
Council Member
to the paten,' 1 for a conflict of
a business in ido Plaza.
this is a significant redevelopment project
?,ns, site plan, review of the project by the
yy Council at this time, and noted that
e '•YJ desig* uidehnes. Mayor Pro Tem. Hill
1 f,a Ak a a different design approach than
Ni ied that t project represents a contemporary
appealing to a different age group.
that it mag�.be a coastal design, but it does not fit the City's
1, there are different perspectives regarding design and that
nbe hhat feel this type of design is appropriate and attractive in
that if' is the right direction and is a good complement to the
Mayor Curry closed the public hearing.
her appreciation to the developer for investing in the City.
Council Member Gardner commented on the possibility of making Via Oporto a pedestrian
walkway.
Mayor Pro Tem Hill reported that the original Master Plan called for a river walk, but was
determined to be unfeasible, so the developer was told not to proceed with it. He added that the
opportunity of making Via Oporto a pedestrian walkway has not been abandoned.
Council Member Gardner commented on green streets and calling for continuous curbs around
planters. She questioned if that is always the best and asked that consideration be given to letting
rain water fall into it to retain water. Additionally, she commented on idling trucks and suggested
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City of Newport Beach
City Council Minutes
November 12, 2013
they be turned off if they are not moving.
Motion by Mavor Pro Tern Hill, seconded by Mayor Curry to a) adopt Resolution No. 2013-
76, A Resolution of the City Council of the City of Newport Beach Adopting Mitigated Negative
Declaration No. ND2013 -001 for the Lido Villas. Project Located at 3303 and 3355 Via Lido
(PA2012.146), Adopting the Lido Villas Mitigated Negative Declaration No. ND2013 -001 (SCHNo.
201 30 71 050) Including the Mitigation Monitoring and Reporting Program Pursuant to the
California Environmental Quality Act; b) adopt Resolution No. 2013.77, A Resolution of the City
Council of the City of Newport Beach Approving General Plan Amerq*ment No. GP2012 -005 and
Coastal Land Use Plan Amendment No. LC2013 -001 for the Lid_°�; .Allas Project Located at 3303
and 3355 Via Lido (PA2012 -146); c) introduce Ordinance Nolfi3 -23, An Ordinance of the City
Council of the City of Newport Beach Approving Zoning Code ndment No. CA2012 -008 for the
Lido Villas Project Located at 3303 and 3355 Via Lido (P12 establishing the Lido Villas
Planned Community, and pass to second reading on Ngv ber 26, ft; and d) adopt Resolution
No. 2013 -78, A Resolution of the City Council of , City of Newp Beach Approving Site
Development Review No. SD2013.001 and Tentativs�ract ap No. NT2N 1 for the Lido Villas
Project Located at 3303 and 3355 Via Lido (PA2 � 146); ` X
The motion carried by the following roll call
Ayes: Council Member Gardner,
Council Member Selich, Council Me
Recuse: Council Member Henn
22. ADOPTION OF THE 2013
CODES. [100 -20131
City Manager Kiff inducedhe matter
Council Member Pys pointed out that
positively on that type es t lanni
public
Mayor Pro Tem Hill, Mayor Curry,
AND OTHER RELATED
that a presentation would be made if desired.
include green Building Codes and commented
being no public testimony, Mayor Curry
MrattftPro Tem. Hill expressed con s regarding additions and alterations, noting that it is not
clear ther new water" fficient tures would be limited to just the alterations or the total
houseNt
Building Man a Chief 'lding Official Jurjia reported that the item is mandated by the State
and that staff is i and including it in the Municipal Code. He added that if there is a
permit issued to an' h' rovement for the house, all fixtures would need to be in compliance, but
changing one fixture ill not trigger changes to the entire house.
Motion by Council Member Petros, seconded by Council Member Gardner to a) adopt
Resolution No. 2013 -79, A Resolution of the City Council of the City of Newport Beach, California
Setting Forth Findings Based on Local Conditions within the City Of Newport Beach Which Make
Certain Modifications and Changes to the California Building Code, the California Residential
Code, the California Electrical Code, the California Mechanical Code, and the California Plumbing
Code as Reasonably Necessary; b) introduce Ordinance No. 2013 -24, An Ordinance of the City of
Newport Beach Amending Title 15 of the Newport Beach Municipal Code to Adopt Amendments to
Chapter I Division 77 of the 2013 California Building Code Designated as the Newport Beach
Administrative Code; to Adopt the 2012 International Property Maintenance Code; the 2013
California Historical Code; the 2013 California Existing Building Code; to Adopt with Local
Amendments to the 2013 Edition of the California Building Code; the 2013 Edition of the California
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City of Newport Beach
City Council Minutes
November 12, 2013
Residential Code; the 2013 California Electrical Code; the 2013 California Plumbing Code; the
2013 California Mechanical Code; the 2012 Uniform Swimming Pool, Spa and Hot Tub Code; the
Excavation and Grading Code; the 2013 California Green Building Standards Code (Title 24 of the
California Code of Regulations), and pass to a public hearing and second reading on November 26,
2013; and d) find Ordinance No. 2013 -24 is not subject to the California Environmental Quality
Act (CEQA) pursuant to Sections 15060(c)(2), 15061(b)(3) and 15060(c)(3) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly. ,-
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, r Pro Tem. Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Counctb Ie . ,- Daigle
23. PUBLIC HEARING REGARDING AN
BEACH ADOPTING THE 2013 CAL
CALIFORNIA CODE OF REGULAT
ADMINISTRATIVE PROVISIONS, IN
MUNICIPAL CODE. [100 -2013]
City Manager Kiff introduced the
Mayor Curry opened the public
Jim Mosher commented on local revisi
regarding amending the Fire Code re
fireplaces, and fire pits added pr
However, this was ins,erteily deleted
that is the only auFity the ity has to
Mayor Curry
E OF TIM,,
RE CODE `
(d LOCAL
9 OF THE
CITY OF
24
NEWPORT
OF THE
NTS AND
T BEACH
and stated ftt a presentation would be made if desired.
hearing.
to the d�,, and aflxeased previous Council actions
ve to., 3en no to include recreational fires,
iong.fegarding ` t could be burned in fire rings.
e previous Code was adopted. He believed that, if
of the nuisance, the City may want to retain it.
Motion,.h#0V,VVWW Me" er S lick fided b Council Member Henn to a) adopt
Reso14 tin No. 2013' Res itytton of the City Council of the City of Newport Beach Setting Forth
Fin l6s Based on on yons within the City of Newport Beach which Make Certain
ations and Chan' -s to t! Fire Code as Reasonably Necessary; b) introduce
Ordi ': pe No. 2013 -25, Or din ce of the City of Newport Beach Amending Title 9 of the
Newpor each Municipa Code to Adopt the 2013 California Fire Code (Title 24, Part 9 of the
California ode of Regulions) with Local Amendments as the Newport Beach Fire Code, and
conduct a firs�ading ani� pass to a public hearing and second reading on November 26, 2013; and
c) fmd OrdinancL� =�lo. 20:'3 -25 is not subject to the California Environmental Quality Act (CEQA)
pursuant to Sectio "� � 60(c)(2), 15061(b)(3) and 15060 (c)(3) of the CEQA Guidelines, California
Code of Regulations `�'1'itle 14, Chapter 3, because the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment; CEQA only applies to projects
which have the potential for causing a significant effect on the environment; and it has no
potential for resulting in physical change to the environment, directly or indirectly.
Fire Assistant Chief Kitch noted that the City has the authority to regulate all fires with certain
criteria and that in the 2012 International Fire Code, that language was removed, specifically
relating to the objectionable odors portion as that was found to be subjective and not enforceable.
Council Member Daigle commented on the amount of deliberation and discussion occurring when
such amendments are considered.
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November 12, 2013
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
XVIII.
24. ARALIA STREET PARKING ORDINANCE - SECOND
Council Member Daigle recused herself from this item
feet of the subject property.
Public Works Director Webb addressed the proposed
Aleppo to the end of the cul -de -sac.
Council Member Gardner commented on the
parents so they are not ticketed.
[100 -2014
owns property within 500
covers Aralia Street from
school issuin'casional passes for
Council Member Petros indicated he will work wit' a school and district, noting there is ample
opportunity to accommodate parking. .
exP�
Motion by Council Member Petrolonded by Mir Pro Tem Hill to a) Conduct second
reading and adopt Ordinance No. 2013-, AAMW. "palace of 6% ity Council of the City of Newport
Beach, California, Amending Section 12.0.060 of ewpart ch Municipal Code to Establish
a Residential Parking Permit Program fa Aralia S.. e blisP "`ang a Preferential Parking Zone
for a One -Hour Parking .¢ Limit, 7.•00 m. to i00 p. m. school Days, Except by Permit; for
Parking on Aralia Strei, "'anb) direct staf stall signs on Aralia Street giving notice of such
parking restrictions ?I
The motion carried
Ayes:
Counember Se
Regne: Council M
25. NON` CLUSIVI
G.O. R RIGUE;
Deputy Mun al
currently 32 frai
materials they coM
roll call
Petros, Mayor Pro Tem Hill, Mayor Curry,
SOLID WASTE COLLECTION FRANCHISE WITH
.,A CALIFORNIA CORPORATION. [421100 -20131
kons Director Pisani provided a staff report, noting that there are
lers in the City and that they are required to recycle at least 55% of the
addressed recommendations.
Motion by Council Member Henn, seconded by Council Member Selich to a) adopt
Resolution of Intention (Resolution No. 2013 -81), A Resolution of the City Council of the City of
Newport Beach Declaring its Intention to Conduct a Public Hearing to Consider the Granting of a
Non - Exclusiue Commercial Solid Waste Franchise to G.O. Rodriguez Trucking, Inc., a California
Corporation, to conduct a public hearing on November 26, 2013 to consider the award of a non-
exclusive commercial solid waste franchise to G.O. Rodriguez Trucking, Inc., a California
Corporation; b) direct the City Clerk to publish Resolution No. 2013 -81, within 15 days of its
adoption; and c) introduce Ordinance No. 2013 -26, An Ordinance of the City Council of the City of
Newport Beach Granting a Non-Exclusive Commercial Solid Waste Franchise to G.O. Rodriguez
Trucking, Inc., a California Corporation, to Provide Solid Waste Collection Services upon the City
Streets and Within the City of Newport Beach, granting a non - exclusive solid waste franchise to
G.O. Rodriguez Trucking, Inc., a California corporation for a first reading. Waive further reading
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and pass to second reading on November 26, 2013.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem. Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
26. APPROVAL OF AGREEMENT FOR TREE MAINTENANCE SERVICES (C- 5648). [38/100-
2013] r,
Deputy Municipal Operations Director Pisani provided a staff repp rt, addressing the history of the
matter, expiration of the current contract, issuance of a Requej or Proposal (RFP), and scope of
work required. He stated that two proposals were received - "re reepppase to the RFP and addressed
scoring, evaluation of the proposals, and results and reyi, of refer a by staff. He stated that
the lowest qualified bidder was found to be Great Scott; - ree Service (G S).
In response to Council Member Gardner's questions -;Agarding the to cal score, Deputy
Municipal Operations Director Pisani clar' ' ?~'that was not related to quality of tree
trimming, but on what was stated in the RF €` ng their listed experience However, after
review of GSTS' work, staff felt confident with the' e1 of expertise.
Council Member Petros commented — R!
what the allocation is for the efforts t '�1ai4
reported that the RFP required that the`yei
and remove up to 300 trees per year.
u
Patrick Mahoney, Pres' "t of West Coaq
company to serve th1��, the last 20 y
noted that WCA ba ° pro vide service to th
excellent safety recaYt) He dressed the p
for work times on the cifican sheet nor
believe that., e vY'e : 'I ciiYited'; a
the City,", (%0 #te an ly over wh i
inventory ofIrees and the current deficit, and asked
k
;- Jxees. Deputy? unicipal Operations Director Pisani
iddiyQµld need Eta he able to plant 500 trees per year
)'flrist (WCA)`'' banked Council for allowing the
and requested that the City rebid the RFP. He
y without raising the price in 20 years, with an
g score and reported that there was no definition
there quantities listed. Additionally, they did not
gt trimming. He added that the contract will cost
ity is currently paying WCA.
Jig Mosher believed th! %Mr. MM1d"hpney has raised interesting questions and asked if thought was
i =,t
g � <,wo in- sourcing the service. H "e.eported that the City is paying for the cost of service plus a
profit, "144 suggested goin through the same exercise as the City did for the trash contract.
Deputy Mu YaGipal Operatfne Director Pisani reported that the proposals were due on September
26, 2013, and `tit, from e time the bid was issued to the due date, WCA had no objections to any
part of the RFP'. ";He aded that two proposals were received, seven firms attended the pre-
proposal meeting ad;after the bid due date, the Parks Superintendent called the other five
attendees who indicated they could not compete. Additionally, he stated that GPS software was
required, which those companies did not have
In response to Council Member Gardner's question regarding the City paying $300,000 more for
the service, Deputy Municipal Operations Director Pisani reported that previous prices were based
on 1993 prices.
Municipals Operations Director Harmon noted the City will be paying $300,000 more for the GSTS
contract; however, if the contract was awarded to WCA, it would be paying approximately
$800,000 more. He reported working with Mr. Mahoney and that there were no questions from
WCA prior to submission of their bid. The proposal from WCA was signed by Mr. Mahoney,
indicating that he understood the terms of the proposal. He added that WCA has done a great job
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City of Newport Beach
City Council Minutes
November 12, 2013
in the City.
Mayor Curry stated that WCA has done a great service to the City and has performed its job well.
GSTS has also done excellent work in Newport Coast and Fashion Island. He stated that, in cities
where they do not periodically rebid the service, they end up paying the highest costs. He added
that this is a bid job, based on the submittal of cost and service, and that a firm has been selected
and that there is no opportunity to change a bid after seeing the other proposals.
Agreement with Great Scott Tree Service (GSTS) to provide tree
for a ten -year term, with the opportunity for three two -year exti
and City Clerk to execute the Agreement. i
Mayor Pro Tem Hill reported that the low bidder was
high bidder was about a 5% increase per year. He note
either of those with pension costs alone. x`
In response to Council Member Daigle's qu
reported that, in 1993, the City piggy -back
contract for a 10 -year term in 1994 and then
Municipal Operations Director Har ,.reporte
lower than GSTS to take over servia;'' fibw;pve
$500,000 more per year than the bid froi' .. GST w
The motion carried by the following roll ca vote:
s `'4, "
v .,ti
Ayes: Council Member;fi�'arer, Council Me
Council Memb o6elich ;Touncil Memb c Ii
27. AGREEMENT BVTWEEN`*� CITY AND
SOLID WASTE CO ETCN,zz,1ND
STATIOIQIONS (C- 5648): ""
nager Kiff intr6
the work of the
City
Ay Municipal Ol
with the City of
r Henn to approve the
lance services to the City
and authorize the Mayor
year increase while the
,e escalated higher than
Director Pisani
ad renewed the
hat '.CA's current contract with the City is
the curt bid from WCA is approximately
Petros, Mayor Pro Tem Hill, Mayor Curry,
, Council Member Daigle
INCORPORATED FOR RESIDENTIAL
,LING SERVICES, AND TRANSFER
3]
and commented positively on the quality of staffs work, as
s. He deferred to Laith Ezzet of HF &H Consultants for a
Laith EzzeVgFF &H Consultants, provided an update on the work that has been done since the
September 1%`! 13 Council meeting. He addressed interviews with each firm, results of a survey
of customers an'eaties soiviced by the companies, reference checks and safety ratings, diversion
guarantees, and a 9%np3ary of key proposal information.
Municipals Operations Director Harmon addressed diversion, noting proposals weighted toward
higher diversion levels. He addressed AB939, the City's current diversion level, diversion
information, AB341, an optional diversion program offered by CR &R to increase diversion rates for
residential waste, and costs for the optional diversion program.
Council Member Henn clarified that, for CR &R, the extra cost of the optional diversion program
would be $925,000 per year and noted that, even including the optional diversion program,
Rainbow Environmental Services' bid was approximately $1 million more a year than the CR &R
core services.
Municipal Operations Director Harmon confirmed that it would cost the City approximately
$900,000 per year of extra cost to try to achieve a diversion rate of 65 % -75% today. He reported
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City of Newport Beach
City Council Minutes
November 12, 2013
that the City is already exceeding every goal set by the State today.
Mayor Curry noted that the bulk of diversion comes from commercial waste, which is not part of
the agreement. The issue relates to household waste and whether or not the City wants to compel
or require additional recycling. Municipal Operations Director Harmon indicated that, if the State
required more, all of the commercial franchise agreements are set to expire in March 2017 which
allows the City to increase its commercial diversion requirements in the franchise agreements.
Further, the City can also do a more aggressive recycling program. He noted that CR &R's
proposal already increases the diversion rate by 5 percentage points o4 r what it is today and, as
the City moves into a partial voluntary recycling program, signif"ic increases will be seen in
residential recycling and the level of diversion achieved.
Council Member Gardner stated that it makes her unco oitg le when the only reason for
recycling is to meet a mandate, emphasizing that there is Glue t-' cling beyond that.
Council Member Henn added that, if two - stream, ecycling is imp el ited, there may be a
significant improvement. He stated that it makes senae,o wait and see well the City does
with the program.
Municipal Operations Director Harmon
addressed core and enhanced services.
City Manager Kiff addressed projecte
total in savings to the City would be
added into the contract as additional 9
protecting its employees in terms of choi(
departmental transfers, addressed
Harmon addressed thgl`t of the trap:
es`the proposed agreement with CR &R and
P
with the M&R bid and elements, noting that the
Won over se ` ,years. Some of the savings were
xresente ormation on how the City is
xila i ml p sented an example of employee
1W, nty outr64. Municipal Operations Director
City Manager Kill."' dressed ' urrent diversio-fX rates and what the proposed contract suggests and
believed that the big ' e,, sti is whether it m'4kes sense today to pay for a higher diversion rate
that may not dig needed a reported that haulers were not allowed to change their
coats aft,", suU ttals anc &next steps. He stated that he is impressed by the
quah the vendor d th ;when it came down to staff's professional analysis, it was related to
w an do quality serve at tfiw: west price and staff is comfortable recommending CR &R.
In r' to Mayor Cur's questi , Municipal Operations Director Harmon confirmed that the
relative t savings betw `ern CR &R and Rainbow Environmental Services is roughly $900,000 per
year. Ma Curry note,.' that Rainbow Environmental Services has built in fully phased -in
diversion int ` , it price, , Iut it may not be needed.
In response to Coiii M ember Henn's question, City Manager Kiff reported that the confidence
level is high regardip employee arrangements and there are sufficient openings within the City
during the transition period.
Council Member Petros requested and received confirmation from City Manager Kiff about the
terms of the contract and that references to the City are now defined as the City Council and,
therefore, any action to modify the terms of the contract would require a public hearing and
Council action. City Manager Kiff noted that Council has direct oversight over the City's budget so
that Council has a more opportunity to review any modifications. He added that there is no
evergreen clause in the contract and that this was a standard plus procurement in that there was
a consultant analyzing the process with the City.
Council Member Daigle noted that, currently, the City has the community's confidence but added
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City of Newport Beach
City Council Minutes
November 12, 2013
that the Municipal Operations Director will be leaving and wondered how the contract will be
managed going forward. City Manager Kiff reported that the City will do a full recruitment and
that the replacement will need to have expertise in contract management. Council Member Daigle
commented on the need to maintain the confidence of the community and selecting a manager who
has experience in managing outsourcing.
Jay Ware, General Manager of Ware Disposal Company, addressed the efforts of his company in
addressing Council's prior direction. He addressed details of their new enhanced proposal, noting
that it exceeds the City's expectations at a reduced cost over the term g the contract.
Jeff Snow, President of Rainbow Environmental Services, prese)
addressed MRFs and capabilities, awards, cities served,
proposal, City employee outreach, diversion and compliance tb
He reported that an additional technology involving a obic c
their facility and accessible for the benefit of the Xy. He
requiring a 75% diversion rate by 2020, changes i vergion c
their original proposal prices have not changed atd' provide owe:
a history of the company and
ies served, elements of the
tdates, and recycling options.
will be incorporated into
red' d new State mandates
AL
lculatioi?"'�' of 2014, and noted
prices for 'ghest diversion.
In response to Council Member Henn's questiorZ'%g 'now acknowledged that thfiounds per day,
per resident the City is allowed to dispose is the stiNkrd that is in effect today.
Municipal Operations Director Harm xplained that e City likely already meets what the
State will propose as the new diversNival applicable 2020 based on the City's current
pounds- per - resident performance. In repons until M er Daigle's question, he reported
that the refuse facilities will certify tha weight's `IalateriaYiverted from disposal and are
aa,:,
carefully watched by the State to ensure tf y are a, rat 'ia ..ers.
Mr. Snow added that., 6y melt with CALReIe on a quarterly basis.
Regarding A13341,"14-Wcip Operations Dir€NCtor Harmon stressed that there is no legislative
mandated diversion lec�t Ine.
:: Vs
Dean R>l age, g, Ice
esident of CT reported that he will direct the transition and be
respp�ible for every ct o project. He stated that the Company is ready to implement the
ply outlined in their oposa ` d presented the company's history. He addressed CR &R's
w.:U
tr8rY3hkon experience, co plianceh AB939 and AB341, safety, their smart vehicle system,
diver aii y compliance wit %- ontract terms, Newport Beach areas already being serviced by CR &R,
customei tisfaction, inn" ation and technology, and their commitment to City employees. He
added that &R is the 'nly company in attendance at this time that is permitted to handle
hazardous matt ial collet on for residents.
Council Member Requested and received confirmation from Mr. Ruffridge that CR &R does
not burn trash.
In response to Council Member Gardner's questions, Mr. Ruffridge stated that CR &R has started
construction of their anaerobic digester which should be completed by September 2014 and this
was offered as an option in the proposal. Additionally, CR &R has both clean and dirty MRFs and
also demolition and construction MRFs.
In response to Mayor Curry's question, Municipal Operations Director Harmon reported that all
three firms have the ability to meet the individual mandates in terms of diversion, but added that
the processing facilities of Rainbow Environmental Services and CR &R are more extensive and
have the ability to meet the needs of the City, and added that they both have the ability to handle
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City of Newport Beach
City Council Minutes
November 12, 2013
dirty and clean MRF.
Jessica Susolik commented positively about Rainbow Environmental Services, adding that they
are employee -owned and are consistent with the environmental values of the City.
Garth Sutton asked Harbor View Elementary School parents to stand. He reported building a
fully - sustainable home and addressed the value of recycling. He believed that the best company to
do the job in consideration of the environment is Rainbow Environmental Services and added that
he wants a company that can educate the community. He asked (utcil to consider Rainbow
Environmental Services. F"
F
Barry Allen asked that staff explain why there are such ext�e differences in the amount the
City will be paid for use of its facility. He reported that .q, a� r station contract is separate
and suggested that, if the whole idea for outsourcing is gave mone g. he City should renegotiate
or approve a contract with Rainbow Environment'. ervices. He c orted reading all of the
documents and none indicated how much the City idirreutly paying in- e trash service.
Council Member Henn pointed out that it i6
"City approval" means City Council approval.
Jack Shaw spoke on behalf of Rf
background. He believed that organd
reported positively regarding Rainbow
Nancy Skinner thanked Council for beil
commitment to the City's employees. Sh
that she is impressed wiftpnbow Envin
Bill Camarillo, Pr Adent aro CEO of A
organic waste str and dated the im
future. He reported t o cs make
rMI
in the contract alointed out that
Enviroental Services and commented on his
compete thYwgh their policy, culture and values and
especially in terms of their
ante of recycling and stated
commented on his company's management of
of having vision and being prepared for the
of waste and that they partner with Rainbow
He addressed diversion versus recycling bills
Jo c McKay commeril poef ly on Rainbow Environmental Services' impact on the
x:
c mties they serve aCl listed company's contributions in making a positive social impact.
She re ed that they coftantly co ribute, the principals are accessible, and they are a company
with a c9cience and hea'.
Annemarie diS Bohn, rporate Responsibility Strategist, commented positively about Rainbow
Environmental vicl e nd addressed their corporate responsibility. She added that they find
solutions for all theib ste streams, including e- waste.
:-r
Dr. Janette Ganard, Professor of Corporate Social Responsibility, commented positively on the
capabilities of Rainbow Environmental Services, their corporate social responsibility and their
impact on the community. She noted that the company is employee -owned and has a low turnover
rate. She added that Rainbow Environmental Services understands the needs of the City's
residents and deserves the City's support.
Stephanie Barger noted that many of the City's resident want to recycle or are already recycling
and commented on the need to be a zero -waste community and put together a zero -waste plan to
exceed the State mandates. She addressed the importance of recycling and noted that Rainbow
Environmental Services' priority is recycling, but CR &R previously opposed a recycling system in
the City.
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City Council Minutes
November 12, 2013
John Ashton Delyle addressed the low bid and stated that the City is passing up an opportunity to
immediately improve its environmental focus.
Dan Boyd commented on outsourcing and spoke positively about Rainbow Environmental
Services. He added that he is not convinced that the bidding process has been as transparent as it
could be and urged Council to delay its decision for no more than 30 days to make sure that it is
choosing the right company. He suggested having the matter reviewed by the City Attorney's
Office to make sure that staff has done a stellar job in the process ank *s been transparent.
John Spots reported that South Africa and Pennsylvania are al,ady recycling. He stated that a
40% residential diversion rate is unacceptable and that tkld ity should strive for more, be
progressive, act responsibly, and do the right thing. OP"
n
Nick Frolick, President of Harbor View Dads, spoke resenting his �e who is the President of
Harbor View Parent/Faculty Organization (PFO), ieved that the satis on survey is biased.
He added that Newport Beach should lead an of w State mandate a stated it is not
always about the lowest bid, but quality, r onsibiy, and service. He s e in support of
Rainbow Environmental Services' customer ser t commitment to the envir" ent.
Denys Oberman commented on the: 15.8 million i.gavings and encouraged Council to take
another look at the numbers and do " . p- for -like anaTN. She stated that it is likely that the
State will move to AB341 in 2014 ari.t .fed that the"'. should not wait but commit to a
provider that will help the City comply" : "the ma ate. She added that Rainbow
Environmental Services is qualified to dolhis. "
Joe McAulkle stated the Rt daugliters as ,ed k m to defend l5ur environment. He urged Council
to encourage recyclin0 nd h e the vendor " e City's objectives.
George Schroeder s`d thae believes in red cling and pointed out that staff stressed that they
will receive the same fell o ' ce they are c�rently receiving. He expressed concerns with the
..,. .
City mand cling car m ej itively on all three firms being considered. He spoke
positivgri tiie c ilitie 4 &R and ed Council to make sure that residents receive the
samevel of aervice.y..
Fir co Espinoza, Rai i w Env mental Services owner /employee, commented positively on
his eaxience as an eployee o' the company and asked Council to consider Rainbow
Environftital Services aEkits service provider.
Portia Weiss courage' Council to look closer at the numbers and thanked Council for
considering the m,er."
Jason Pitken statedithat private enterprise is better - suited to provide these services than the
government. He reported being the Trash Ambassador to Harbor View Dads and touring the three
facilities that submitted proposals to the City. He reported that his group agreed that Rainbow
Environmental Services would be the best fit for the City, believing that the City is currently
charging residents $1 million per month in recycling fees to process the waste by CR &R with a
40% diversion. He added that the City of Huntington Beach charges nothing and is achieving a
75% diversion rate with Rainbow Environmental Services as their provider.
Mayor Curry took issue with Mr. Pitken's reported costs and stated that the City charges
recycling fee but trash service is free, whereas the City of Huntington Beach charges a trash fee.
Council Member Daigle referenced a recent article in the Orange County Register that indicated
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City of Newport Beach
City Council Minutes
November 12, 2013
the City of Huntington Beach is one of the highest in the County.
City Manager Kiff reported that the $3 monthly fee charged to Newport Beach residents is a
recycling fee and that most people in the City pay nothing beyond that. Huntington Beach has a
private firm that does both, and residents are charged $19 per month.
Mr. Pitken urged Council to take this opportunity to reward high performance standards of
efficiency.
Moah Turrender commented on sustainability and in support of Rai}13ow Environmental Services.
She reported that Rainbow Environmental Services and Agro>ii has closed the loop between
waste -to -soil practices and added that the model that Rainbo onmental Services has today,
will be replicated by waste haulers. a,
Andrea Ayres urged Council to stay open to reside
beat service, but asked that it not be about the
enhanced what they were offering and changed tl;t
the matter. A
State Assemblyman Travis Allen spoke in suppo
diversion rates, and noted that they are best suited
In response to Mayor Curry's questi(
process is to outsource trash service
jobs to the City's trash haulers.
Mayor Curry noted
employees noted th
Rainbow Environnf
chosen provider
2tives. Sl ynoted that she wants the
e dollars. . ..believed that CR &R
urged Council;;xyork hard to assess
Rainbow Environmental Services and on
in front of trends and legislation.
that one of the reasons for the
Services has offered to provide
other two firma.Aso offered`" €ity employees jobs and that the
rather work ' 'the City. He added that, even if the City hires
;es, City empees can stay with the City or choose to work for the
Jim Mosher „ , ' d tiff 'des, 'des p transition to outsourcing for automated trash
v
pickup, sho mo
lon
d
rat
v p
Mayor Curry note Mr. Vasquez was speaking in support of one of the bidders and was
contacted but stated at, if he was not going to be paid, he was not going to do any analysis.
Municipal Operations Director Harmon added that Mr. Vasquez did contact staff and expressed
confidence that HF &H was qualified to make the findings that they made.
outaidp" consultant
re:`F ~ility of the inform
a per day and no
day. eported that th
the prat - has not bee
meeting w Council
information h � een pro
F�n� treach. `- 'rented a recent contract signed by the City for an
w2.community relations efforts. He addressed the accuracy and
reed regarding diversion in that it was presented as 9.6 pounds
that Snow correctly pointed out that it is pounds per person per
ity relied"on a single consultant to review proposals and believed that
otally transparent. Additionally, he commented on a past Council
ected staff to obtain Mr. Sloan Vasquez's opinion and that no
d regarding same.
Tom Baker addressed the cost of the current contract in the Newport Heights area and wondered
why it can be done cheaper under the proposed contract.
Council Member Henn stated that there are approximately 30,000 households in the City are
charged the $3 recycling fee which equates to approximately $900,000 per year, not month.
Furthermore, there are no other charges compared to what the City of Huntington Beach charges.
He noted that there have been dozens of testimonials on behalf of Rainbow Environmental
Services, but that none offered facts to the effect that the performance of the other proposers would
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City of Newport Beach
City Council Minutes
November 12, 2013
be significantly lower for the contracted services than Rainbow Environmental Services. He
reported that Council's decision should depend on a set of objective facts, based on independent
surveys and analysis, that the three providers are capable of doing what the City requires and that
the decision is relatively simple. Since the City is arguably already achieving the diversion rates
that would be likely mandated for 2020, it does not make sense for taxpayers to pay an extra $1
million a year for this service today. He expressed support for CR &R.
In response to Council Member Gardner's question, Municipal
reported on the costs for trash service in Newport Coast and no
current proposal and includes the City's transfer station to offset 1
parts of Newport Coast that are challenging.
Council Member Gardner addressed the $900,000
Environmental Services and that Rainbow's proposal i
City Manager Kiff added that the City is at 60 -70° /aver
great value in recycling, the City d that
itions Director Harmon
it it is $2 less than the
He added that there are
n CR &R and Rainbow
m ill ionNi�e over a seven year term.
i or more and' - t, although there is a
J at this time. .
Council Member Gardner reported that the Cfar from having a zero -we program and
noted that no matter who is chosen, the City will s money, trash services needs to be as high as
water quality, and that CR &R has n t been allowe fl , respond. She added that CR &R may also
have a school program and stated she would lik .ore information on the benefit of not
having a landfill. She indicated that t r', still t tt need to be answered and that she is
willing to postpone the item another two'wee. . M,
Mayor Curry noted that all of the providers are cabl his is not a popularity contest, and
that the City wants top . " quality servile aG, 'competitiv "rice. He added that there has been
no evidence submittethat y of the provira collect trash better than the other or that there
will be a materialference the diversiosrate. He confirmed that recycling will be voluntary
and believed that tiihoice clear. '.
Motion bv Council M" conde ,b Mayor Curry to a) authorize Mayor Curry to
sign the ?` h" - olidste Collectr" ecycling Services Agreement, in substantially the
same m as the agr " ente staff report; and b) authorize Mayor Curry to sign the Transfer
Stg,#ron Operator Agreeont, ui�„ tbstantially the same form as the agreement in the staff report.
:otion byq'.`aouncil Member Daigle to award Ware Disposal a portion of the
substitute motion failed for lack of a second.
Mayor Pro fi Hill sta "d that this has been the toughest decision he has been called upon to
make. He tha" " staf or the process, noting that it has been thorough and transparent. He
noted that the Cit ` pique town and that quality of life is on the top of the list. He stated that
he has not changed , s position and is not supportive of outsourcing. He stated that there is a
responsibility to balancing the quality of life with administering a cost - effective organization. He
requested that the maker of the motion include that, if adopted, Council would receive a semi-
annual accounting from staff that would be a comparison of actual costs to projection so that a
measurement can be made that the City is meeting its financial goals. It not, he noted that there
are provisions in the contract to allow changes.
Council Member Henn stated that he does not feel compelled to do a semi - annual report due to the
annual budget process, and noted that there will be an 18 -month roll out period. Mayor Curry
added that the Quarterly Business Report (QBR) will also provide this information.
Council Member Henn affirmed that Council has studied the issue thoroughly.
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City of Newport Beach
City Council Minutes
November 12, 2013
Council Member Daigle thanked staff for bringing the matter forward and noted that savings will
be used for important community programs.
Council Member Petros stated that all three of the proposers have very high marks and addressed
safety, technology, and public safety. He reported that he has thoroughly reviewed the matter and
can support it at this time and that the contract has been changed to reflect many of his concerns.
He stressed that CR &R did not change any of their terms, but rather Council decided to have them
add some of the materials they had requested. He stated that the tea�a has done an excellent job
to be transparent and that, if there will be issues with quality of lif At" will return to Council and
then to CR &R. :,tip`
Council Member Selich stated that he maintains his
outsourcing.
Council Member Gardner stated that the City
tonight because, by giving them a few more i
raised. She believed that there are many
offering something that CR &R is not, but thisI
The motion carried by the following roll call vote:
Ayes: Council Member Petros, A
Noes: Council Member Gardner,
XIX. MOTIONS FOR RECONSIDERATION -
XX. ADJOURNMENT - 11:45
)rjgihal'sition and is not in favor of
.. at,.
ri ?r
doing a disse " "' to CR &R if it votes
could respon;= any of the issues
iat Rainbow Enviro' ntal Services is
the case and needs to A'ade clear
Henn, Council Member Daigle
Member Selich
The agenda for the ReRW r Mee#ing was posted,'gn November 7, 2013, at 4:00 p.m. on the City's
website; on November 7, ,3, i m. on t City Hall Electronic Bulletin Board located
in the entrance go ity ci��3rlptt�rs, 00 Civic Center Drive; and on November 7,
2013, at 4:00 3 11 L Ieeti . Agenda i der located in the entrance of the City Council
Chambers,100 Civic Celr Dry.
City Clerk
Recording Secretary
Mayor
Volume 61 - Page 364