HomeMy WebLinkAbout02/22/2011 - Regular MeetingFAI
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City Council Minutes
City Council Regular Meeting
February 22, 2011 — 7:00 p.m.
I. STUDY SESSION - 4:00 p.m
II. CLOSED SESSION - After Study Session - Council Chambers Conference Room
A. Conference with Legal Counsel - Existing Litigation (Government Code
54956.9(a)): Three matters:
1. Pacific Shores vs. City of Newport Beach, USDC Case No. SACV 08-
00457 AG (PLAx)
2. Newport Coast Recovery vs. City of Newport Beach, USDC Case No.
SACV 09 -0701 DOC (ANx)
3. Banning Ranch Conservancy v. City of Newport Beach, Orange County
Superior Court Case No. 30- 2010 - 00365758
B. Conference with Legal Counsel - Anticipated Litigation - Exposure to
Litigation (Government Code § 54956.9(b)): One matter:
1. Potential exposure to litigation from allegations that the Morningside
Zoning Agreement was not properly adopted under state law.
C. Conference with Legal Counsel - Anticipated Litigation - Initiation of
Litigation (Government Code § 54956.9(c)): One matter:
1. Potential initiation of litigation against Puna McLlwain aka Punaheie
Aikala Mellwain aka Steve McIlwain 443 Harbor Drive.
D. Conference with Real Property Negotiator (Government Code § 54956.8):
One matter:
Property: Marina Park Mobile Home Park, 1770 W. Balboa Blvd., Newport Beach
City Negotiator: Dave Webb, City Engineer
Negotiating Parties: Curtis Fossum State Lands Commission
Under Negotiation: Resolution of boundary between Tidelands and Uplands
E. Public Employee Performance Evaluation (Government Code § 54957(b)(1)):
The City Council will meet in closed session to consider the appointment,
employment, evaluation of performance, discipline, or dismissal of two public
employees.
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Titles: City Manager and City Clerk
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Hunt reported that Council took no
reportable action was taken.
VII. PLEDGE OF ALLEGIANCE - Council Member Selich
VIII. INVOCATION - Pastor Bradley Stienstra, Newport Harbor Lutheran Church
Df. PRESENTATION
Presentation from MADD (Mothers Against Drunk Driving) Orange County
Chapter - Tiffany Townsend, Program Specialist of Orange County Chapter of MADD,
honored Police Officers Brice Hardie, Eric Little, Bill Hume and Brad Miller for the number
of DUI arrests each made in 2010.
X. NOTICE TO THE PUBLIC
P4
Mayor Pro Tem Gardner reported that the Newport Executive Committee discussed possible
solutions to the Selenium problem, noted that a grant to cover 25 percent of the costs has
been received, believed that it may be premature to invest in this project, and asked staff to
provide a brief report to Council on this matter at the next meeting. Council Member
Curry announced that he attended the Association of California Cities Orange County's
kickoff meeting last week.
Council Member Daigle announced 2011 was the 100th anniversary of the fire department
and stated that the fireman will receive centennial badges to symbolize their dedication and
commitment.
Mayor Henn announced that Items 16 (Newport Beach Civic Center Project) and 17
(A.B.L.E. — Helicopter Services), were mistakenly listed under Consent Calendar and will in
fact be regular agenda items.
Without objection, Mayor Henn requested that item 14 (Ronald Reagan Centennial
Memorial) be heard immediately following Consent Calendar.
XII. CONSENT CALENDAR
A. READING OF MINUTES /ORDINANCES AND RESOLUTIONS
1. MINUTES FOR THE SPECIAL MEETING OF FEBRUARY 5, 2011,
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SPECIAL MEETING OF FEBRUARY 8, 2011, AND STUDY SESSION
AND REGULAR MEETINGS OF FEBRUARY 8, 2011. [100 -2011] Waive
reading of subject minutes, approve as written, and order filed. [Council
Member Curry abstained from this item].
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
3. APPROVAL OF FISCAL YEAR 2010 URBAN AREA SECURITY
INITIATIVE (UASI) GRANT PROGRAM TRANSFER AGREEMENT
(C -4755). [381100 -2011] a) Adopt Resolution No. 2011 -19 approving the
Transfer Agreement for Fiscal Year 2010 Urban Area Security Initiative
(UASI) Grant Program purposes ("Transfer Agreement") and b) authorize
the City Manager and Emergency Services Coordinator to act as the
"Authorized Agents" to execute for, and on behalf of, the City any actions
necessary to implement the Transfer Agreement and obtain federal financial
assistance provided by the federal Department of Homeland Security and
sub - granted through the State of California Emergency Management
Agency.
4. CITY INSURANCE RENEWALS. [100 -2011] a) Approve the renewal of
the following insurances: excess general liability, pollution liability, excess
workers compensation and property insurance coverage for an amount not to
exceed $1,910,441 in total premium from the Insurance Reserve Funds. The
term of these programs are for a sixteen (16) month policy period, March 1,
2011, through June 30, 2012, for the general liability; workers
compensation, property coverage, and pollution liability coverage for forty
(40) months to align with the City's fiscal year; and b) approve the
recommended Excess Workers Compensation quote with CSAC - EIA
(County Supervisors Association of California - Excess Insurance Authority),
a pooled and joint purchase program that requires a Council Resolution
(Resolution No. 2011 -20) authorizing membership and delegating a staff
position.
C. CONTRACTS AND AGREEMENTS
5. AVON STREET, TUSTIN AVENUE AND OCEAN VIEW AVENUE
STREET REHABILITATION AND DOVER/WESTCLIFF STREET
REHABILITATION - COMPLETION AND ACCEPTANCE OF
CONTRACT NO. 4091. [381100 -2011] a) Accept the completed work and
authorize the City Clerk to file a Notice of Completion for the project; b)
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 c) release the Faithful
Performance Bond one year after Council acceptance.
6. TRAFFIC SIGNAL MAINTENANCE AGREEMENT - APPROVAL OF
AMENDMENT NO. 1 TO SERVICE AGREEMENT WITH REPUBLIC
ITS, INC. (C- 3930). [381100 -2011] a) Approve Amendment No. 1 to the
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Service Agreement with Republic intelligent Transportation Services, Inc.
(Republic ITS) of Novato, amending the following terms: a) increase the
annual contract compensation cap from $210,000 to a fee not to exceed
$280,000; b) increase the number of maintained traffic signals from 112 to
117; and c) change the term of the agreement from an annual conclusion
date of April 10th to the fiscal year end date of June 30th for the remainder
of the five year term for accounting purposes.
7. EMERGENCY REPAIR OF THE BACK BAY TRAIL AT JAMBOREE
ROAD (C- 4753). [100 -20111 a) Approve Budget Amendment No. I IBA -033
recognizing new revenue from the California Emergency Management
Agency and FEMA, and appropriating $103,588 to 7014- C2502008 and
transferring $6,612 in project savings from 7013- C5200932 (Coast Highway
Median Improvements Phase 2) to 7014- C2502008 to make emergency
repairs to the Back Bay Trail at Jamboree Road; and b) approve entering
into an informal contract with GCI construction Inc. for up to $110,200 to
provide the necessary repairs consistent with the newly approved Charter
limit of $120,000 for informal contracts, and authorize the Mayor and the
City Clerk to execute the contract.
D. MISCELLANEOUS
8. PLANNING COMMISSION AGENDA FOR FEBRUARY 17, 2011. [100-
20111 Receive and file written report.
10. NEWPORT CENTER TRANSPORTATION IMPROVEMENT
PROGRAM AGREEMENT. [381100 -20111 Approve and execute the
Newport Center Transportation Improvement Program Agreement.
11. APPOINTMENT BY THE MAYOR TO THE LEAGUE OF
CALIFORNIA CITIES (LCC). [100 -20111 Confirm the Mayor's
appointment of Council Member Leslie Daigle to the League of California
Cities (LCC).
In response to Mr. Nicola question, City Attorney Hunt stated that he has reported all
reportable closed session items.
Motion by Mayor Pro Tern Gardner, seconded by Council Member Rosansky to
approve the Consent Calendar, except for the item removed (9); and noting Council Member
Curry abstention to item 1.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner, Mayor
Henn, Council Member Selich, Council Member Curry, Council Member Daigle
)III. ITEMS REMOVED FROM THE CONSENT CALENDAR
9. BIG CANYON RESERVOIR FLOATING COVER REPAIRS. [100 -20111
Council Member Rosansky expressed concern that the cover is deteriorating,
directed staff to coordinate with the City Attorney's office to find out if it is
appropriate to take further legal action, and asked that staff provide follow -up
information to Council.
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Dick Nichols believed that the cover has deteriorated beyond repair and noted that
he would like further discussion.
Motion by Council Member Rosanskv. seconded by Mayor Pro Tem
Gardner to approve Budget Amendment No. 11BA -030 transferring $120,000 from
the unappropriated Water Enterprise Fund Reserve to Maintenance and Repair
Account No. 5500 -8156 ($85,000) and Professional and Technical Services Account
No. 5500 -8080 ($35,000).
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
XIV. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Mayor Pro Tem Gardner reported that the Harbor Commission discussed the Irvine
Company's use of the yacht basin and their requirement to public access. She stated that
the Irvine Company, Harbor Commission, and residents met and came up with a new
solution which preserves public use and moves it to an area where it will not impact
residents while providing services to the Irvine Company tenants which is a win -win for all
parties.
XVII. CURRENT BUSINESS
14. RONALD REAGAN CENTENNIAL MEMORIAL. [100 -20111
With the concurrence of Council, Mayor Henn asked speakers to limit their
comments to three minutes and stated that group spokespersons will be allowed five
minutes. He also asked the audience to observe proper decorum.
Council Member Curry discussed the proposed Ronald Reagan Centennial Memorial,
the history of the memorial, its proposed location, fundraising efforts, and the reason
the honor should be extended. He addressed those who have said this is not
appropriate honor for a Civic Center, stated that the donor committee has
committed to solicit proposals from additional artists, and suggested that the Donor
Committee would be willing to consider input from others in determining the final
design. He asked Council to authorize the City Manager to execute a contract with
an artist to provide a memorial to President Reagan with advice from the Donor
Committee, Arts Commission, and the Parks, Beaches, and Recreation Commission
(PB &R), and approve the statue to be placed at Castaways Park.
Council Member Hill clarified the motion.
Council Member Rosansky expressed opposition to the motion stating that Council
has policies that govern art and stated that he does not agree with Council Member
Curry that this matter falls outside of those policies. He offered an alternative
motion to continue with the process of collecting funds and that the process be
conducted under Council Policy I -9 or under Council Policy I -11.
Mayor Pro Tem Gardner expressed concern that Council will allow donors to place
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art in public places, discussed political ramifications, stated that the public grounds
belong to all citizens, expressed interest in hearing public comments regarding the
issue, and suggested that Council take a step back before proceeding.
Council Member Rosansky's alternative motion died for lack of a second.
Mayor Henn opened the public hearing.
Kerry Reynolds, Official Chair, Reagan Memorial Donor Committee, read a message
from the donors that stated that Ronald Reagan was an extraordinary person and
recommended that the donor group be allowed to render judgment on the artist.
Dr. Suzanne Savary, Newport Beach Democratic Women, discussed her reasons for
opposing the statue in a public place, proposed that a citizen's commission be
established to look at the issue of creating a memorial for multiple presidents, and
preferred to see a smaller version in an enclosure in Hoag Hospital with the funds
spent on an Alzheimer's treatment unit.
Allan Beek expressed appreciation for Mayor Henn's request for civil discourse and
stated that is not right to -erect a statue of Ronald Reagan on City property.
Nancy Mooslin believed that the discussion should be about art and that competition
should be professional, fair, open, inspiring, and represent the sophistication and
creative energy of the City. She suggested that Council establish a committee
comprised of members from the Arts Commission, a local architectural firm, arts
professionals, and a community representative in which their recommendations
will be brought to Council for approval.
Joan Templeton Morris, VP Women's Democratic Club of Newport Beach, asked
Council to consider a sculpture garden around City Hall that would symbolize
Newport Beach.
Therese Loutherback expressed support for the Ronald Reagan statue and discussed
policies and principals.
Bonnie O'Neil expressed support for the statue and believed that a statue of Ronald
Reagan would evoke feelings.
Kim Jansma expressed opposition to placing a statue of Ronald Reagan on public
land and urged Council to take careful consideration of what kind of art is placed in
public places in the City.
Al Frink expressed support for the Ronald Reagan statue and believed that residents
should have an opportunity to vote on the matter.
Ron Hendrickson urged Council to reconsider the design aspect of the statue.
Jean Witty believed that Council should consider diversity.
Bob Shelton suggested that Council slow down, step back, and consider a different
course of action.
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Anita Viceroy Stripaway expressed support for a Ronald Reagan statue and believed
that a commemoration is appropriate for Newport Beach.
Carrie Slayback expressed opposition to a Ronald Reagan statue in a public area and
suggested that more presidential information be provided at the library.
Jean Beek reminded Council that their positions are non - partisan and seconded the
suggestion that the Council take a step back and respect the rules in place.
Novell Hendrickson expressed supports for the Arts Commission's recommendation.
Mayor Henn closed the public hearing.
Mayor Pro Tem Gardner stated that the matter is very political, agreed that the City
has policies in place that need to be followed, and recommended that the process
begin again with an opportunity for more public input.
Council Member Curry thanked speakers for the very thoughtful debate and further
discussed the purpose for placing the Ronald Reagan statue at the location.
Council Member Selich expressed support for Council Member Curiys motion.
Council Member Daigle believed that the politicization of the item has made it
difficult for the Council because it has been a distraction from the day to day
concerns of taking care of the business of the City.
Council Member Rosansky stated that the process for placing public art in a public
place is being ignored by Council, believed that the City is allowing people to buy
their way into public places, and expressed support for following the City's
guidelines.
In response to Council Member Daigle's question, City Attorney Hunt explained the
City's policies, Council's ability to amend policies, and the Arts Commission's role.
Mayor Henn stated that the proposal is imperfect and the solution is imperfect, but
believed that the solution was reasonable given the circumstances, clarified that the
City Manager is to make the final decision with the advice from the Arts
Commission, donor committee, and PB &R. He further stated that he does not
regard this as a conclusion that impugns the integrity or purpose of any of those
aforementioned groups, believed that the modification is reasonable where there will
be a selection of artists to be considered, reiterated that the donor committee will not
make the final decision, and indicated that there will be advice and
recommendations from the Commissions involved.
Motion by Council Member Curry, seconded by Council Member Hill to a)
direct the City Manager to execute a contract with an artist to provide a memorial to
President Reagan with advice from the donor committee, Arts Commission, and the
Parks, Beaches, and Recreation Commission (PB &R); and b) approve the statue to
be placed at Castaways Park.
The motion carried by the following roll call vote
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Ayes: Council Member Hill, Mayor Henn, Council Member Selich, Council Member
Curry, Council Member Daigle
Noes: Council Member Rosansky, Mayor Pro Tem Gardner
XV. PUBLIC HEARING
12. PROFESSIONAL REAL ESTATE SERVICES, INC. (PRES, Inc.) OFFICE
BUILDING B (PA2007 -213) - 4300 VON KARMAN AVENUE - GENERAL
PLAN AMENDMENT NO. GP2007 -009; PLANNED COMMUNITY
DEVELOPMENT PLAN AMENDMENT NO. PD2007 -006; TENTATIVE
PARCEL MAP NO. NP2010 -005 (COUNTY TMP NO. 2008 -123). [100 -20111
Associated Planner Brown utilized a PowerPoint presentation that included a
vicinity map, photographs, location, requested approvals, development agreement
waiver information, and final recommendation.
In.response to Mayor Pro Tem Gardner's questions, Planning Director Campbell
stated that although there are two projects side by side, the evaluations are
prepared separately. He believed that the analysis is complete and noted that the
Koll project is a separate project.
Council Member Daigle believed that the public benefits included in the project
are not significant.
Mayor Pro Tem Gardner expressed concern about greenhouse gasses, suggested that
all trees be replaced, and requested further discussion about benefits of the project.
Council Member Selich agreed with staffs assessment that the project is not piece -
mealing.
Council Member Hill stated that he visited the site and believed that the project is
unique, offers open space, will enhance the area, and is compatible with the City's
environment.
Karen Martin, Civic Planning Group representing PRES, provided handouts, stated
that the issue of piece - mealing was considered, addressed the traffic issues at the
Planning Commission level, noted that there will be a review period by the Koll
Company's Architectural Committee to assure the relocation and replacement of
existing trees, added that the planning application was submitted in 2007 and the
applicant has worked tirelessly. to come up with solutions that would please all
parties, stated that the project has been significantly scaled back to comply with all
City's rules, and indicated that the applicant has worked with its neighbors to reach
compromises and solutions.
In response to Council Member Rosansky's question, Acting Planning Director
Campbell explained the parking ratio.
Motion by Council Member Selich. seconded by Council Member Curry to a)
adopt Resolution No. 2011 -21 documenting the following City Council actions: 1)
adopt the Mitigated Negative Declaration, including the Mitigation Monitoring and
Reporting Program; 2) approve General Plan Amendment No. GP2007 -009; 3)
approve Planned Community Development Plan Amendment No. PD2007 -006; 4)
approve Tentative Parcel Map No. NP2010 -006, subject to findings and conditions;
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XVI.
5) approve the requested exceptions to the Koll Center Newport Planned Community
General Development standards relative to minimum site area and off - street
parking requirements; and 6) waive the requirement for a Development Agreement;
and b) introduce Ordinance No. 2011 -8 approving Planned Community Development
Plan Amendment No. PD2007 -006, and pass to a second reading for adoption on
March 8, 2011. Need staff report and attachments.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
13. ADOPTION OF RESOLUTION NO. 2011 -22 AMENDING COUNCIL
MEETING POLICIES A -6 AND A -10 GOVERNING OPEN MEETING
PROCEDURES. (100 -2011]
City Attorney Hunt presented a brief staff report. Council Member Curry provided
a substitute motion to change the public comments time to three minutes.
Mayor Pro Tem Gardner expressed opposition to changing the comment period to
three minutes. Council Member Daigle stated that concerned citizens has contacted
her with the concern that limiting comments will give the public a false sense that
Council is not willing to listen to them.
Robert Hawkins agreed with Council Member Daigle, stated that the public's
comments and the opportunity to address Council are critical, and encouraged the
Council to vote against the substitute motion.
Jim Mosher stated that the right of residents to address officials is essential to good
government and any effort to limit free speech should be approached with caution
and done only for good cause. He strongly encouraged the Council to remain with
the current allocation of five minutes.
Council Member Selich stated that he had not noticed any difference in the quality
of public participation in cities that have the three minute rule.
Mayor Henn concurred with Council Member Selich that three minutes is adequate
for concise comments.
Council Member Daigle believed that'allowing speaker additional time creates its
own set of issues.
Council Member Hill stated that he received a significant amount of communication
about the proposed changes in Commissions, task force involvement, and community
involvement. He changed his support in favor of the five minute public comment on
the assumption that the Mayor has the authority and discretion to revert back to the
three minutes to involve more individuals in the process.
Council Member Rosansky favored leaving the comment period to five minutes.
Council Member Curry withdrew his substitute motion.
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Aft / I!
Mayor Pro Tern Gardner accepted the change in order of business as an amendment
to her original motion.
Motion by Mayor Pro Tern Gardner, seconded by Council Member
Rosanskv to a) approve policies as updated per direction given at the February 8,
2011 Study Session; b) retain five minutes for testimony on agendized items; and c)
adopt of Resolution No. 2011 -22.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
15. RESOLUTION NO. 2011 -23 RELATING TO COUNCIL GOALS 2011; REVIEW
OF COMMITTEE RESPONSIBILITIES. [100 -20111
City Manager Kiff recited the five 2011 City Council Goals, recommended that
Council adopt a Resolution adopting the goals, asked for Council direction regarding
committee roles for future Council consideration, and recapped the 2010 priorities.
Mayor Pro Tem. Gardner stated that the proposal was good and would result in
ti
promong purpose and energy.
Council Member Rosansky concurred with Mayor Pro Tern Gardner and believed
that that it is not a good idea to sunset the July 4 Steering Committee. Council
Member Hill strongly supported the proposal regarding committee roles and
believed that the proposed structure would accomplish more by streamlining staff
efficiency.
Council Member Selich agreed that the goals are a good step in the right direction.
Council Member Curry believed that some of the Commissions could be sunsetted
almost immediately.
Mayor Henn believed that the July 4 Steering Committee should be the
responsibility of the Revitalization Committee. Council Member Rosansky
emphasized the importance for progress of the 4th of July festivities. Mayor Henn
agreed with Council Member Hill adding that there be three Council Members, that
the Committees schedule regular monthly meetings with public agendas, that the
Advisory Panel of members of the public be formed, include public participation, and
post minutes; and that, while the new Committees would not technically be Brown
Act Committees, they generally will conduct their business in that fashion.
Mayor Henn and Mayor Pro Tern Gardner discussed the Environmental Quality
Affairs Committee (EQAC) Committee and agreed that it should remain a committee
on an as- needed basis. Jim Mosher expressed opposition to the management model
that the City has adopted.
Tim Stokes, EQAC member, agreed with Mayor Pro Tern Gardner and expressed
concern about the project information on the City's website.
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Bonnie O'Neil thanked City Manager Kiff for being responsive to her questions and
commended Council for their comments.
Robert Hawkins believed that the EQAC and Environmental Development
Committee (EDC) provide invaluable citizen and advisory input and suggested a
bottom up approach for some of the committees.
Debbie Stevens, EQAC member, stated that she was unclear about the purpose of
the committee but felt there was value, talent, and expertise that had not been
utilized.
In response to Mike McNamara's question, City Manager Kiff stated that there is
nothing that would preclude someone from pursuing an unsubsidized license to run
a water taxi service. Mayor Henn confirmed that the water taxi project is part of the
tidelands entitlement group.
Dan Persol discussed the Bicycle Safety Committee and asked that public comments
be respected within the committees, that there be a standard location for meeting,
proper scheduling, and multi -media availability.
Shanda Lear Baylor, Lear Electric Boats, expressed interest in wanting to move
forward and work with the Water Taxi Committee to provide parking and
entertainment.
Lloyd Eiker, EDC member, stated that he tried to provide City events and did not
feel supported and added that the EDC has members with talents that will assist in
reducing staff and Council time. He believed that the City should keep the
committees because of the contributions to the growth and health of the community.
Motion by Mayor Pro Tern Gardner, seconded by Council Member Hill to a)
adopt Resolution No. 2011 -23 adopting the Council's 2011 Goals; and b) direct staff
to return to Council with proposed changes to the City's committee structure as the
committees relate to the adopted 2011 Council Goals.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
16. NEWPORT BEACH CIVIC CENTER PROJECT: CITY HALL OFFICE
BUILDING, CENTRAL LIBRARY EXPANSION, AND PARKS,
GUARANTEED MAXIMUM PRICE (GMP), PHASE THREE. [38 /100 -20111
City Manager Kiff updated the City Council on the background and current status of
the Newport Beach Civic Center Project: City Hall Office Building, Central Library
Expansion and Park Phase Three.
Public Works Director Badum provided a report and recommended that Council
approve an amendment to the Construction Manager At Risk Contract with C.W.
Driver. City Manager Kiff stated that the current estimated total project cost is
approximately $131 million, and that the most recent estimate for the Civic Center
project is $123 million and indicated that a recently completed review of the
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Facilities Financing Plan (FFP) revealed overall cost reductions of approximately
$46 million, which increases the ability to fund the project.
In response to Council questions, Public Works Director Badum showed the civil
consultant's report which showed that the total savings of photo - voltaic panels over
a 30 year period was less than the cost of the panels, and explained that the grading
has been done to accommodate the bridge. He believed that the City should be
mindful of the pedestrian safety issues and stated that the willow sculptures were
included as part of the original design feature. City Manager Kiff explained that the
aquatic center contract expires in a couple of years and the City would likely want a
long -term use agreement.
Council Member Selich expressed opposition to adding photovoltaic panels and
believed that adding the bridge in the design phase will cut cost in the future. He
indicated that the bridge is an architectural, sculptural, and functional element'of
the park which will add a viewing platform.
In response to Council Member Daigle's question, Mayor Henn stated that he is not
aware of any private funding efforts for the library expansion.
In response to Council Member Rosansky's question, Public Works Director Badum
stated that some photo - voltaic panels require relinquishing control of the roof to a
firm who would own the units and control the function and maintenance.
Council Member Hill supported Council Member Selich's comments about the bridge
and expressed opposition to adding the photo - voltaic panels.
Council Member Curry stated that costs are going down on the installations
of photo - voltaic panels and that they may become economic in the future.
Council Member Daigle favored the bridge and opposed the photo - voltaic panels.
Mayor Henn commended the Building Committee, staff, and the consultants on the
good work they have displayed on a project of this magnitude, expressed
disappointment about the final cost amount, agreed that the photo - voltaic panels do
not offer a good investment return, and believed that the bridge was not necessary
based on connectivity. He also added that he is pleased with the changes to the
Facilities Financing Plan, and that the new, lower costs of the overall plan makes it
feasible to approve the higher cost of the Civic Center Project.
Council Member Selich believed that the bridge is an essential part of the design
and should be built now.
In response to Council Member Rosansky's question, Public Works Director
Badum stated that building the bridge would most likely eliminate the crosswalk
closest to the park. Council Member Rosansky favored eliminating both items.
Dan Percel stated that there are deficiencies in the traffic design of Newport Center
and believed the problem would be magnified with the new development.
Dick Nicols agreed that there is not sufficient payback with the pv panels and there
is a negative visual effect. He believed that the work done so far is good, stated that
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the bridge would not be useful, and added that he would like to see the berm
removed.
Jim Warren expressed concern about the photo - voltaic panels creating a glare into
his home and expressed support for a bridge.
Ron Hendrickson believed that the bridge is important and suggested that it be
discussed further.
In response to Council Member Daigle's question, Public Works Director Badum
stated that the plans were finalized by the consultant. He stated that the firm is
uniquely qualified because they are very familiar with and understand the project
and confirmed that the individual doing the inspections are not the same person who
completed plan check.
Mayor Henn asked for a straw vote on the bridge (3 in favor), confirming that the
bridge and the photo - voltaic panels will not be included in the project approval.
Motion by Council Member Selich, seconded by Council Member Rosansky
to a) Approve an amendment to the Construction Manager At Risk Contract with
C.W. Driver, Irvine, California, amending the Guaranteed Maximum Price (GMP) to
add the construction of the City Hall Office Building, Central Library Expansion,
Parks, and miscellaneous items of work (GMP #3) for the Newport Beach Civic
Center project at a not -to- exceed price of $82,374,384 and authorize the Mayor and
City Clerk to execute the contract; b) establish a budget of approximately 2% of GMP
#3 ($1,600,000) as the City ?s contingency for unforeseen costs and authorize the
Public Works Director and City Manager execute change orders upon concurrence by
the City Council Building Committee; c) approve a Professional Services Agreement
(PSA) with Anderson -Perna of Laguna Beach, California, for Building Inspection,
Construction Phase Plan Review Services, and Building Official Services at a not -to-
exceed fee of $1,090,840, and authorize the Mayor and City Clerk to execute the
Agreement; d) approve Budget Amendment No. 11BA -034 appropriating $85,065,224
to fund GMP # 3, GMP #3 owner ?s contingency and the PSA for Building Inspection
& Construction Plan Review (Recommendations a -c); e) approve the Insurance
Program Agreement between Old Republic General Insurance Corporation and the
City for the Owner Controlled Insurance Program (OCIP), and authorize the City
Manager to execute and approve documents in furtherance of the Insurance
Program Agreement that have been approved as to form by the City Attorney
including a letter of credit as security for the City ?s obligations under the
agreement; and f) authorize Budget Amendment No. 11BA -032 totaling $2,713,781
which includes the fixed cost of insurance premiums under the Insurance Program
Agreement of $1,651,092 and a $1,062,689 contingency representing the maximum
potential out -of- pocket claims costs.
The motion carried by the following roll call vote:
Ayes: Council Member Hill, Council Member Rosansky, Mayor Pro Tem Gardner,
Mayor Henn, Council Member Selich, Council Member Curry, Council Member
Daigle
17. A.B.L.E. HELICOPTER SERVICES. (100 -20111
Police Captain Johnson reported that the City of Costa Mesa voted to withdraw from
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City Council Minutes
February 22, 2011
the Joint Powers Authority airborne services agreement and stated that they are
reviewing other alternatives to maintain airborne support services.
Mayor Pro Tom Gardner stated that she received complaints about helicopter noise
and requested that staff provide statistical evidence of the program effectiveness
when it comes back to Council.
In response to Council Member Selich's question, Police Captain Johnson stated that
there are drone technologies developed through military efforts; however, within an
urban environment, it creates a problem with FAA rules and added that the Police
Department continues to consider this possibility under a cost -basis analysis.
In response to Mayor Henn's question, Police Captain Johnson explained how
positions are paid and stated that the final analysis will be decided according to the
City's budget and believed that the cost to City will be reduced accordingly.
Mayor Henn encouraged staff to find a substitute program on an on- demand basis
that would be more cost effective and would continue to enable the force multiplier
benefit.
In response to Council Member Rosansky's question, Police Captain Johnson stated
that disposal schedules for equipment will be established in accordance with the
Joint Powers agreement guidelines.
Mayor Henn confirmed that this report is to be received and filed,
requiring no Council action.
Motion by Mayor Henn, seconded by 0 to receive and file
XVIII. PUBLIC COMMENTS
In response to Jim Mosher concern that titles and numbers for consent motion items were
not read aloud prior to approval, City Attorney Hunt stated that it was an error on staffs
part and assured him that staff will correct the error.
Dick Nicola believed that the City's website is convoluted and difficult to navigate.
Corky Rawlings expressed concern about the traffic circle on Clay and Santa Ana being
taken down. Mayor Henn stated that the item was discussed extensively during a previous
Council meeting in which.public comments were received at that time.
Peter Comiskey, Executive Director of the.Muzeo Foundation, invited students to participate
in the Green Impacts Trash Artists Challenge in which students turn trash into art. He
presented Council with flyers and requested that they be posted in the schools and City
offices.
XIX. MOTION FOR RECONSIDERATION - None
XX. ADJOURNMENT -Adjourned at 11:54 p.m. in memory of Frances Anita Snider.
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City Council Minutes
February 22, 2011
Recording Secr ary
Mayor
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City Clerk
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